BIDDING DOCUMENT

FOR

E-LEARNING MANAGEMENT SYSTEM PROJECT FOR ESKOM LIMITED RTO NO.:415189

July 2020

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Table of Contents 1. Introduction ...... 3 2. Background of the e-learning management system...... 4 3.0 Objectives of the e-learning management system ...... 4 4.0 Scope of work ...... 5 4.1 LMS Functionality ...... 5 4.2 Content Development ...... 6 4.3 System Administration ...... 6 5.0. Baseline Documentation ...... 6 Name of document ...... 6 6.0 Composition of Consultant’s Technical Team ...... 7 7.0 Deliverables of the project ...... 7 The Deliverables must include but not limited to the following: ...... 7 8.0 Evaluation and Eligibility Criteria ...... 8 8.1 Eligibility Criteria: ...... 8 8.2 Evaluation Criteria ...... 8 8.3 Evaluation methodology ...... 9 9.0 Conditions of Tender ...... 14 9.1 Questions Regarding this RFP ...... 14 9.2 Addenda ...... 14 9.3 Contracting Requirements ...... 14 9.4. Bid Submission ...... 15 10. Alternatives ...... 16 11. Availability of information ...... 16 12. Tender validity period...... 16 13. Price base ...... 17 14. Taxes ...... 17 15. Currency ...... 17 16. Correction of errors ...... 17 17. Clarification of tenders ...... 18

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18. Award of contract ...... 18 18.1. Award criteria ...... 18 18.2 Compliance statement ...... 18 19. Life Savings Rules ...... 19 20. Ethics ...... 21 21. Annexures ...... 23

1. Introduction

Eskom Uganda Limited (EUL) is a wholly owned subsidiary of Eskom Enterprises SOC Limited of South Africa and is a limited liability company in Uganda, operating and maintaining Nalubaale and Kiira power stations on the River , near the city of Jinja. Eskom Uganda Limited took over the operation and maintenance of the two power stations on a 20 year concession and assignment agreement, commencing on 1 April 2003. UEGCL remains the owner of the asset. All the electricity generated is sold to UETCL, the authorized single bulk buyer, who in turn sells it to and other distributers, who in turn distribute it to the local consumers throughout the country.

The operations of the company are governed by the Privatization agreements. These include the Power Purchase Agreement (PPA) which prescribes the terms governing the sale and purchase of power, the Concession & Assignment Agreement (CAA) which prescribes the terms and conditions of the concession granted by UEGCL to EUL, the Support Agreement (SA) which prescribes the terms and conditions relating to the provision of support from the Government of Uganda to EUL and the Generation License (GL) which allows EUL to generate and sale hydroelectricity power as prescribed in the Electricity Act 1999. A 20 year Generation License was issued to Eskom Uganda Limited by Electricity ERA which shall lapse by 31st March 2023.

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2. Background of the e-learning management system. Classroom-based or Instructor-Led training is still an effective way to teach new skills, particularly those subject areas that involve changes in behavior or complex concepts. But it comes at a high cost in terms of training costs, travel and logistics, general expenses and lost Manpower hours. A Learning Management System (LMS) is a software application or web-based platform used to plan, implement and assess learning processes within the organization. An e-learning system shall provide a learning administrator with a platform to create and deliver content, monitor learner participation, and assess learner performance. The e-learning system will also provide learners with the ability to use interactive features and social media tools during the learning process. It is against this background that EUL wishes to procure an e - learning system which provides a single source.

3.0 Objectives of the e-learning management system

3.1 To ensure that all EUL employees are informed on the full breadth of EUL’s key policies, procedures etc. to the best of their ability.

3.2 To ensure that training is available 24x7 and at a time convenient to the learner.

3.3 To reduce the time away from the job and reduce travel & accommodation costs.

3.4 To provide “Just in time training”, especially suited to refreshers, reminders, and extensions.

3.5 To improve learning outcomes via alternate modes of education delivery e.g. multi- media.

3.6 To maximize the time spent in classroom training by providing materials both before and after class that learners can complete at their own speed.

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4.0 Scope of work

This tender is for the Supply, Installation and Commissioning of an e-Learning management System and Content Development of different e-learning modules

4.1 LMS Functionality a. The solution should be cloud based b. Support for course and enrollment management module c. Support for web based and virtual classroom environments d. Availability of Content Management and content authoring tools e. Supports predefined Access Levels f. Availability of Mass enrollment Module g. Support of self-registration h. Support of collaboration and Interactive tools and activities i. Support of Assessment methods (tests, evaluations, surveys etc.) j. Provision of Dashboard to view all Summary and notifications k. Provision of search capabilities l. Support third-party content integrations m. Support of Mobile Access Support and availability of mobile application n. Provision of system security structure and backup mechanism o. Provision of reports and analytics tools e.g. graphs, charts, standard reports p. Inclusion of customer training including System Administrators and tutors q. Inclusion of customer support policy (response times, escalation policies, and hours of operation)

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4.2 Content Development a. To formulate learning curricula relevant to EUL evolving capacity building needs using available learning platforms and technology. b. Design the learning modules based on existing Eskom content and interviews with EUL expert staff. c. Design a functional prototype of the online learning module for review and validation by EUL management. d. Complete the interactive module after EUL confirmation of the learning module, which may be self-paced or fixed time and set evaluation method for successful training participants. e. To assess and identify relevant off-the shelf courses to EUL skills requirements and procure access to these courses for a number of individuals as decided by Eskom for a period until March 2023. f. To assess and identify platforms of online information (E.g. EPRI) that are useful for EUL staff and procure access for a number of identified EUL staff for a period until 2023 March.

4.3 System Administration a. To ensure backup of all log data, configuration history and data storage. b. To ensure system back up on a monthly basis. c. To ensure customization of e-learning software to EUL requirements. d. To ensure appropriate levels of security deployed across infrastructure. e. To ensure that the e-learning software used is updated with all relevant upgrades in a timely manner. f. To ensure system support for a one or two year period year period.

5.0. Baseline Documentation The baseline consists of the following documentation: Name of document  Plant Safety Regulations Training Manual  EUL Business Policies and Procedures  HR Induction Procedure .

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6.0 Composition of Consultant’s Technical Team The Consultant shall develop and submit an organogram showing the structure of the technical team that will execute the scope. The consultant’s technical team must be competent in e-learning systems. This organogram shall be contained in the bid documents. The technical team shall be competent and conversant with the following areas:

 Content Development  E- Learning software customization  System Administration

7.0 Deliverables of the project The Deliverables must include but not limited to the following:  An inception/kick off meeting with EUL Contract Management team to explain the objective of the exercise and Implementation plan.  An inception report detailing the methodology to be used, the blueprint of the e-learning solution, key deliverables and deadlines and key performance indicators.  E – Learning modules – in the following – Plant Safety Regulation, EUL Business Policies and Procedures, HR Induction Procedure etc.  Demonstrate E-Learning modules by way of providing access to selected demo courses.  Content Development  The Service provider shall train designated system Administrators and employees on the use of the system  Installation of the e- learning system on employee laptops, desktops and mobile phones  Technical support plan for a period of one or two year period post project launch

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8.0 Evaluation and Eligibility Criteria EUL will review all proposals received to determine the most technical and or economically advantageous proposal. EUL reserves the right to determine the suitability of the proposal on the basis of a firm meeting the requirements, contract delivery methodology and price quotes.

8.1 Eligibility Criteria:

You are required to meet the following criteria to be eligible to participate in the bidding process: 1. Have the legal capacity to enter into a contract;

2. Have fulfilled your obligations to pay taxes; 3. Not to have a conflict of interest in relation to this procurement requirement; 4. Demonstration of relevant experience in delivering the service.

8.2 Evaluation Criteria

The following criteria will be used in the evaluation of the bids and in determining the best evaluated bidder.

1. The technical ability, capacity and flexibility of the firm to carry out the work in a timely manner as demonstrated by the company’s methodology and previous success in projects with similar requirements, team composition and financial capacity.

 Relevant years of experience in provision of E- Learning solutions to companies similar to the size of Eskom Uganda Limited – 10%  Demonstration of previous similar assignments with evidence including list of clients, reference letters & contract extracts - 10%  Human Resources/expertise allocated to the project (Number, quality/relevancy of skills & including CVs of staff that will be responsible

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for the project) – 10%  Methodology and work plan – 15%  Presentation of proposed solution – 10% 2. The price as submitted in the tender document (40%)

8.3 Evaluation methodology

8.3.1 The evaluation methodology to be used for the evaluation of bids shall be Quality-Cost- Based Selection (QCBS) which takes into account the quality of the proposal and the cost of the services (Both Technical and proposal used to get the best evaluated bidder). 8.3.2 EUL will review all bids received to determine the Most Economically Advantageous Bidder. Eskom Uganda reserves the right to determine the suitability of the bid on the basis of a bidder meeting the requirements, contract delivery methodology and price quotes. 8.3.3 Only proposals that have been technically approved will proceed to the commercial evaluation. Proposals shall be ranked and the first on the list shall be selected to provide the service given that its financials are within the budget. 8.3.4 EUL will then add the score from Pricing/Commercial Score and Technical together and rank the suppliers from the highest to the lowest.

The evaluation shall be conducted in three sequential stages; A. Preliminary evaluation to determine the eligibility of bidders and the administrative compliance of the bids received. B. Technical evaluation to determine the responsiveness of the bid. C. A commercial & financial comparison to compare costs of the eligible, compliant, responsive bids received and determine the best evaluated bidder.

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8.4 Preliminary evaluation criteria A. Eligibility Criteria (Pass or Fail) Bids which pass this stage are subjected to detailed technical evaluation No Criteria

1. Submission of the bidders valid and current License trading license 2. Submissions of the bidders income tax clearance certificate

3. Certificate of Registration or equivalent for bidders not currently registered with EUL

4. A statement in the Bid Submission sheet that the bidder has no conflict of interest 5. A declaration in the Bid submission sheet that the bidder is not under suspension by Public Procurement and Disposal of Public Assets Authority.

6. Audited financial statements for the past three years i.e. 2017, 2018 and 2019

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B. TECHNICAL PASSMARK 70% No Detailed Criteria Evidence required Ranking Weight

1. General experience of the Company Profile 10= Over 10 years in 10 bidder in the field of e- and provision of e-learning learning services for at least Certificate of Incorporation services 5 years prior to bid 8= between 5 - 10 years in submission in companies provision of e-learning similar in size to EUL services 6= between 2 - 5 years in provision of e-learning services 2= between 1-2 years in provision of e-learning services 0= less than 1 year in 2. Previous Performance Must attach 10=provision Over of5 rele-evantlearning 10 of similar work recommendation letters and recommendationservices letters offer letters/LPOs from and contracts/offer letters previous clients, abstracts of from previous comparable contracts held in the last five clients years. 8= 4 relevant recommendation letters and contracts/offer letters from previous comparable clients 6 = 3 relevant recommendation letters and contracts/offer letters from previous comparable clients

4 = 2 relevant recommendation letters and contracts/offer letters from previous comparable clients

2= 1 relevant recommendation letter and contract/offer letter from previous comparable clients 0= 0 relevant recommendation letters and contracts/offer letters from previous comparable clients. E-LEARNING MANAGEMENT SYSTEM FOR ESKOM UGANDA LIMITED

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3. Experience of Bidder’s three Attach copies of both 10 = if all criteria is met 10 key personnel:- certificates and curriculum 8 = If experience is below the Project team and professional Vitae for personnel based in stated years but have role / task for the (4) key Uganda including the bachelor’s degree and member of the team with proposed contact person professional qualifications abridged curriculum vitae, i.e. 6 = If experience is below qualifications, expertise and Demonstrated knowledge of the stated years and have experience. e- learning only bachelor’s degree syste Project Lead: Shall have over ms, customization, 4 = If experience is below the 10 years of experience in e- implementation, System stated years and have only learning systems Administration. worked for payroll services Implementation, relevant management firms with at least Bachelor’s degree or Demonstrates knowledge of bachelor’s degree equivalent. implementing such systems 2 = If experience is lower in low bandwidth countries than 5 years and have no Senior Technical Staff: - Shall (Developing Countries) professional experience have a minimum experience of 8 years in the e-learning 0= If experience is lower than system with experience in 5 years and do not meet any content development, module of the education criteria. set up or its equivalent.

Two Associates: - i) Shall have a minimum experience of five (5) years in e-learning systems implementation Bachelor’s IT or software engineering degree or its equivalent.

ii) Shall have a minimum experience of five (5) years in e-learning systems implementation Bachelor’s Human Resource Management degree or its equivalent. 4. Methodology Proposed methodology and 15= If a full scope is provided. 15 detailed plan to execute the 12 = If plan contains 9 of service (1.Course content the areas listed Management including content development; 2. 9 =If plan contains 5-8 of the Enrolment of learners; 3. areas listed Catalogues; 4.

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Curriculum, Learning Plans and 6 = If plan contains 1-4 of Certification Management; the areas listed 5. Standardized Learning Content; 3=If plan contains only 1 of 6. Reports and Analytics; 7. the areas listed Competency Management and Development 8. Surveys and 0= If bidder does not provide Assessments support 9. any methodology Competency Reports and Dashboards 10. On boarding 11. Talent Integration 12. Hosting 13. Security including log in details, data integrity, audit trail information 14 Training, User Support Manuals etc. 5. Presentation Demonstration of the Learning 10= If a full scope is provided. 10 Management Functions 8 = If system contains 14 of

the areas listed User Friendliness of the system 6 =If system contains 10-14 of the functionality areas listed 4 = If system contains 6 -10 of the functionality areas listed 2=If plan contains only 2 - 5 of the functionality areas listed 0= If bidder does not provide any functionality of the system in the presentation TOTAL 55

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C. COMMERCIAL EVALUATION : 50%

Commercial Evaluation

 Price The bid price as submitted in the tender document 40

 Time Schedule  Time Schedule for execution of assignment. 3

 Payment terms  30 days on credit upon invoicing 5

 Bid validity period  Bid validity of 120 working days from bid submission date 2

Sub-Total 50%

Total 100%

9.0 Conditions of Tender

9.1 Questions Regarding this RFP Questions regarding the RFP may be addressed in writing to the Procurement Manager at Email: [email protected]. All questions must be submitted not later than 5 days prior to the final date of submission of the proposal. Please indicate if you require additional information from us in order to enable you submit a responsive proposal.

9.2 Addenda EUL may modify the RFP prior to the date fixed by posting, mailing, emailing or faxing an addendum to the bidders known to be interested in submitting their proposals.

9.3 Contracting Requirements Upon selection of the prospective firm, the terms set forth within this RFP will be included in the definitive contract, containing additional covenant and other provisions as may be

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mutually acceptable. Prices quoted by the firm shall be fixed during the firm’s performance of the Contract and not subject to variation on any account, unless otherwise specified in the in the contract. Eskom Uganda Limited is not bound to accept the lowest priced proposal or any proposal.

9.4. Bid Submission 9.4.1 There shall be a pre-bid meeting on 3rd August 2020 at 2:30 P M via zoom app. Meeting ID: 509 302 0387 Passcode: 697739 9.4.2 The proposal should be addressed to: The Procurement Manager Eskom Uganda Limited Nalubaale Power Station PO Box 942 Jinja, Uganda And must be submitted not later than 18th August 2020 by 3:00 P M. 9.4.3 Submission of proposals must be presented in a sealed and un-customized envelopes marked “SUPPLY, INSTALLATION & COMMISSIONING OF AN ELEARNING MANAGEMENT SYSTEM and must be delivered and registered at the procurement office in Room No.6 Nalubaale Power station Jinja. The Commercial and Technical proposals shall be separated and submitted with two Files of each (one original and one copy) and clearly marked on envelops as “ORIGINAL” and “COPY” respectively. The Technical Folder shall include; Eligibility documents, Technical methodology and Technical Evaluation Requirements). The Commercial Folder shall include; Pricing, delivery schedule, validity period,) 9.4.4. Late submissions will be REJECTED. 9.4.5 All firms successful and unsuccessful shall be notified of the results of the process.

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9.4.6 Proposal requirements Please indicate the following:  Audited financial statements for the past three years i.e. 2017, 2018 and 2019  Proposal validity period of 120 days  Your firm profile  Capacity Statements  List of firms/ companies for which you provided similar works with their References  Fully detailed work plan / work methodology  Human Resources to handle the assignment and their CVs  Cost for providing the services  Best payment terms  Any additional services you propose to offer in line with this assignment  State the requirements you need from Eskom Uganda Limited for implementation of the assignment and the timelines. 10. Alternatives

The Tenderer may submit, in addition to the base tender, an alternative proposal which differs in whole or in part from that specified and which offers to provide additional economic, financial or technical merits. Such an alternative offer will be given consideration provided it is submitted with full particulars, including specifications and analysis methodology to enable a complete evaluation to be made.

11. Availability of information

EUL will provide any applicable and available documentation to the Tenderer upon successful award of the tender.

12. Tender validity period.

Unless otherwise stated, tenders shall be valid for 120 days from the closing date for receipt of tenders.

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13. Price base

Unless otherwise stated, a fixed price lump sum contract is required. Prices shall be submitted to cover the full scope.

14. Taxes

The Bidder shall be responsible for all the taxes related to the consultancy. Please note that EUL is required to Withhold and remit to URA Withholding Tax, except if you confirm that your company is exempted.

15. Currency

The currency for this tender is strictly Ugandan Shillings (UGX) for Local firms and United States Dollars (USD) for International firms.

16. Correction of errors

Tenders determined to be substantially responsive will be checked for any material errors in computation as follows:  Where there is a discrepancy between amounts in figures and words the amount in words will govern;  Where there is a discrepancy between the unit price & the total amount derived from the multiplication of the unit price and the quantity, the unit price as quoted will normally govern, unless, in the opinion of the purchasers representative, there is a gross arithmetical error in the unit price, in which event, the extended amount as quoted will govern;  The amount stated in the Form of Tender will be adjusted by the Purchaser in accordance with the above procedure for the correction of errors and, with the concurrence of the Tenderer, shall be considered as binding upon the Tenderer;  A Tenderer not accepting the correction of errors as outlined will have his tender rejected.

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17. Clarification of tenders

To assist in the examination and comparison of Tenders, the Purchaser may ask Tenderers for clarification of their Tenders, including breakdowns of unit prices. Tenderers may be asked to attend a post-tender clarification meeting, in which case all costs and expenses shall be borne by the tenderer.

18. Award of contract

18.1. Award criteria

EUL reserves the right to reject any tender. The lowest or any tender will not necessarily be accepted. The contract will be awarded to the tenderer who is evaluated to have submitted the most economically advantageous proposal. The criteria used to evaluate tenders will include, but are not limited to the following:

 Compliance with the requested terms of reference;  Price;  Delivered cost including all taxes,  Quality;  Delivery date or completion date;  Technical merit;  Cost effectiveness;  Proven previous performance;  Satisfactory customer reference list;  Satisfactory assignment assessment.

18.2 Compliance statement

The tender shall in writing state that they fully comply with all the requirements of this tender

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18.3. Contracting Requirements

Upon selection of the prospective bidder, the terms set forth within this TOR will be included in the definitive NEC Professional Services Contract containing additional covenant and other provisions as may be mutually acceptable.

19. Compliance with Eskom Uganda Ltd Life Savings Rules stated here below shall mandatory while carrying out the assignment: The Life-saving Rules

RULE 1: OPEN, ISOLATE, TEST, EARTH, BOND, AND/OR INSULATE BEFORE TOUCH

(That is, any plant operating above 1,000 V)

No person may work on any electrical network unless:

He/she is trained and authorised as competent for the task to be done;

A pre-task risk assessment to identify all risks and hazards has been conducted prior to any work commencing;

An equipotential zone is created for each worker on the job site by earthing, bonding, and/or insulating according to approved divisional procedures;

All conducting material is connected together, all staff on site wear electrical safety shoes, and insulating techniques are applied according to standards; and

The authorised person (team leader) has certified and shown all team members that the apparatus is safe to work on.

NB: In the case of live work, work is to be conducted according to standards and procedures while maintaining minimum safe working clearance.

RULE 2: HOOK UP AT HEIGHTS

Working at height is defined as any work performed above a stable work surface or where a person puts himself/herself in a position where he/she exposes himself/herself to a fall from or into.

No person may work at height where there is a risk of falling unless:

A pre-task risk assessment to identify all risks and hazards has been conducted prior to commencing any work at height;

He/she is appropriately trained;

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He/she is appropriately secured during ascending and descending; and

He/she is using an approved fall arrest system where applicable.

RULE 3: BUCKLE UP

No person may drive any vehicle on EUL business and/or on EUL premises:

Unless the driver and all passengers are wearing seat belts.

RULE 4: BE SOBER

No person is allowed to work under the influence of drugs and alcohol.

“Under the influence” means the use of alcohol, drugs, and/or a controlled substance to the extent that:

The individual’s faculties are in any way impaired by the consumption or use of the substances; or

The individual is unable to perform in a safe, productive manner; or

The individual has a level of any such substance in his/her body that corresponds to or exceeds accepted medical/legal standards; or

The individual has a level of alcohol in his/her body that is greater than 0.02% blood alcohol concentration.

This includes any level of an illegal substance in the body, irrespective of when the substance was used.

RULE 5: PERMIT TO WORK

Where an authorisation limitation exists, no person shall work without the required permit to work.

Work is as defined in the Plant Safety Regulations (PSR) and Operating Regulations for High Voltage Systems (ORHVS) of EUL.

A risk assessment must be carried out jointly by the authorised person and the responsible person on all work before it commences.

The permit to work must be issued by an authorised person in accordance with the Plant Safety Regulations.

The permit to work must be accepted in writing by an authorised responsible person.

The permit to work shall be shown to everyone working on the job and the risks explained.

The responsible person must ensure that all staff, working on that job, are entered on a workers’ register and the risks explained to each one.

The responsible person must ensure that the conditions of the permit to work are enforced for the duration of the work.

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No plant is to be returned to service without the cancellation of all permits on that plant in accordance with procedure.

NB: in the case of live work, a “live work declaration form” is to be completed by the authorised person who is the person responsible for the safe execution of work according to relevant standards and procedures

20. Ethics Eskom Uganda Ltd operates on a principle of zero tolerance to corruption and fraudulent practices. For the purpose of this tendering and subsequent contracting process:

“Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of any official in the procurement process or in contract execution.

“Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Employer, and includes collusive practice among Contractors (prior to or after bid submission) designed to deprive the Employer of the benefits of free and open competition.

“Collusive practices” means a scheme or arrangement between two or more suppliers/brokers/contractors, with or without the knowledge of the Client, designed to establish prices at artificial, non-competitive levels;

Fraudulent or corrupt practices in relation to this contract may be reported to either of the following: 1). The Company Secretary Eskom Uganda Ltd Innocent Kihika | Partner Energy & Infrastructure Shonubi, Musoke & Co Advocates SM Chambers, Plot 14, Hannington Road, Uganda

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Tel +256 414 233204/230384/233114 | Fax +256 414 230388 Cell +256 772 508 209 [email protected] 2). Managing Director Eskom Uganda Limited P.O.BOX 942, Jinja. Nalubaale Power Station Road, Jinja Tel. +256 332 240 400 Cell. +256 772 733 834 [email protected]

Nobert Jiga

Procurement Manager

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21. Annexures

ANNEXURE A - ACKNOWLEDGEMENT FORM

Acknowledgement:

We are in receipt of the Invitation to Tender/Proposal from Eskom Uganda Ltd (EUL) and the following addenda issued by Eskom:

------

We confirm that the documentation received by us is: (Indicate by ticking the box)

Correct as stated in the Invitation to Tender / RFP Content List, and that each document is complete. 

Or: Incorrect or incomplete for the following reasons: 

Cataloguing Acknowledgement:

[Please select the relevant statement by ticking the appropriate box below]:

1. We agree to provide the cataloguing information as described in the tender submission. 

2. We have already supplied Eskom with the cataloguing information pertaining to this enquiry in a previous contract/order [insert previous invitation to tender/RFQ number]  ______3. We do not intend to provide the cataloguing information for the required scope / specifications. for the reasons stated hereunder:  ______

4. I confirm that I am a Distributor/Importer/Agent and my Principal, being the Original Equipment Manufacturer (OEM) is or is not in the position to supply cataloguing information for items. See attached letter from OEM confirming his position. 

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Invitation to Tender/Request for Proposal No.

______

Name of company/JV: ______

Country of registration______

Name of contact person:______

Contact details of contact person:

Tel (landline) ______

Cell phone______

E-mail address______

ANNEXURE B TENDERER’S PARTICULARS The tenderer must furnish the following particulars where applicable: Indicate the type of tendering structure by marking with an ‘X’ (where applicable provide registration number):

Individual tenderer

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Unincorporated Joint venture (registration number for each member of the JV) Incorporated JV Other Contact person Telephone number Physical Address

Please complete the following: (If Applicable)

Name of lead partner/member in case of JV

Company Registration Number (for each individual company / JV member) VAT registration number (for each individual company / JV member) Shareholding information (for each individual Include as separate tender returnable if required. company/JV member) clearly identifying percentages owned by individual shareholders (full names & ID Numbers) and other entity shareholders (provide full legal/trading name and respective identifying registration/trust numbers)

Contact person Telephone number

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E-mail address Postal address (also of each member in the case of a JV)

Physical address (also of each member of the JV)

A. Single tenderers

I, the undersigned, ______(Full names) hereby confirm that I am duly authorised to sign all documents in connection with this tender and any contract resulting from it, on behalf of ______(insert the full legal name of the tenderer). Signature: ______Designation: ______Date: ______

B. Joint Ventures

We, the undersigned, are submitting this tender in Joint Venture and hereby authorise Mr/Ms ______(full names), an authorised signatory of ______, (insert the full legal name of the business entity serving as the lead partner) acting in the capacity of lead partner, to sign all documents in connection with the tender and any contract resulting from it on our behalf.

We attach to this Schedule a copy of the joint venture agreement which incorporates a statement that all partners are liable jointly and severally for the execution of the contract and that the lead partner is authorised to incur liabilities, receive instructions

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and payments and be responsible for the entire execution of the contract for and on behalf of any and all the partners.

Legal Name of Full Name and Capacity of Authorised Signature Joint Venture Signatory Member

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ANNEXURE C INTEGRITY DECLARATION FORM (Form to be completed and signed by supplier/tenderer as Invitation to Tender/RFP returnable or as part of contract modification documentation)

1. DECLARATION OF INTEREST I/We understand that any natural/legal person, including employees of the State and/or those related to an EUL employee/director (as per the definition of “related” set out hereunder), may tender to EUL. However, in view of possible allegations of favouritism (the practice of showing favour to, or giving preference to some person/group, to the detriment of, or at the expense of another that is entitled to equal treatment or an equal opportunity), should the resulting tender, or part thereof, be awarded to such natural/legal person, as described herein, it is required that the tenderer/s declare such interest/relationship where:-

 the tenderer/s employees/directors are also employees/contractors/consultants/ directors in the state or a state owned entity.  the tenderer/s employees/directors are also employees/contractors/consultants/ directors of EUL  the tenderer/s employees/directors are also employees/contractors/consultants or directors in another entity together with Eskom employees/consultants/contractors/ directors  the legal person/s (including its employees/contractors/directors/members/ shareholders) on whose behalf the tender documents are signed, is in some other way “related” to an EUL employee/contractor/consultant/director involved in the tender evaluation/tender adjudication/tender negotiation. “Related” meaning that:-  an individual is related to another individual of they are married, or live together in a relationship similar to marriage;  or are separated by no more than two degrees of natural or adopted consanguinity or affinity;  an individual is related to a juristic person if the individual directly or indirectly controls the juristic person, as determined in accordance with the definition of “control” (as per Companies Act section 2(1) ) ; and

 a juristic person is “related” to another juristic person if :- . (1)either of them directly/indirectly controls the other, or the business of the other, as determined in accordance with the definition of “control”(as per Companies Act section 2(1) ); . (2) either is a subsidiary of the other; or

. (3)a person directly/indirectly controls each of them, or the business of each of them, as determined in accordance with the definition of “control”

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 the tenderer/s and one or more of the tenderers in this tendering/RFP process have a controlling partner in common, or a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the tender/proposal of another tenderer, or influence the decisions of EUL regarding this bidding process; To give effect to the provisions above, please complete the table hereunder with all required information.

Full Name & Capacity/ Identity Confirm and provide Full Names & To your Position within tenderer (e.g. Number details (including Capacity/Position of knowledge employee/Director/member/ employee number) if Eskom employee/ owner/shareholder) you are a State/State director/ consultant is this owned entity and details of the person employee/contractor/ relationship or involved in director. interest(marital/ the evaluation/ familial/personal/ adjudication/ financial etc.) negotiation of tenders

1. If any employee/director/member/shareholder/owner of tenderer/s is also currently employed by EUL, state whether this has been declared and whether there is authorisation(Y/N) to undertake remunerative work outside public sector employment, and attach proof to this declaration. ______

2. Do the tenderer/s and other tenderer in this tendering/RFP process share a controlling partner or have any relationship with each other, directly or through common third parties? (Y/N) If Yes, attach proof to this declaration.______

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2. DECLARATION OF FAIR TENDERING PRACTICES This serves as a declaration that when goods/services are being procured, all reasonable steps have been taken to address and/or prevent the exploitation of the procurement process and the use of any unfair tendering practices.

A [tender/proposal] will be disqualified if the tenderer/s, or any of its directors have:  abused the institution’s procurement process (e.g. bid rigging/collusion)  committed fraud or any other improper conduct in relation to such system.

Please complete the declaration with an ‘X” under YES or NO

3. Item 4. Question 5. Yes/No6. No 8. Was the tenderer/s (or any of its directors/members/shareholders) convicted by a court of law (including a court outside South Africa) for 7. 1.1 9. 10. fraud and/or corruption with respect to the procurement/tendering processes/procedures during the past five years? 12. Provide details. 11. 1.1.1 13. 14. Was the tenderer/s(or any of its directors/members/shareholders) prohibited from doing business with any International Financial 15. 1.2 16. 17. Development/funding Agency or Lending Institution

I, the undersigned, ______hereby confirm that I am duly authorised to sign all documents in connection with this tender and any contract resulting from it on behalf of ______(insert the full legal name of the tenderer)

I declare that all information furnished herein is correct, that it is understood that the tenderer’s tender/proposal may be rejected, and that EUL will act against the tenderer should any aspect of this this declaration prove to be false.

Signature:

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Designation and capacity in which signing: Date:

Joint Ventures I, the undersigned, ______hereby confirm that acting in the capacity of lead partner, I am duly authorised to sign all documents in connection with the tender and any contract resulting from it on behalf of ______(insert the full legal name of the JV ).

I declare that all information furnished herein is correct, that it is understood that the JV’s tender/proposal may be rejected, and that Eskom will act against the JV should any aspect of this this declaration prove to be false.

Signature:

Designation and capacity in which signing :

Date:

(A copy of the joint venture agreement which incorporates a statement that all partners are liable jointly and severally for the execution of the contract and that the lead partner is authorised to incur liabilities, receive instructions and payments and be responsible for the entire execution of the contract for and on behalf of any and all the partners is attached to the invitation to tender/Request for proposal).

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ANNEXURE D – FORM OF SECRECY DECLARATION We, undersigned, in consideration of the receipt of the above referenced call for tenders hereby declare to Eskom Uganda: 1. We shall at no time, without the prior written consent of Eskom Uganda, disclose to any third party CONFIDENTIAL INFORMATION except when and to the extent that such disclosure is required in connection with the preparation of the tender. CONFIDENTIAL INFORMATION shall mean any technical or commercial data and any other information of a confidential nature contained in the documents issued to us as part of the call for tenders or developed by us in connection with said tender. The undertaking here above shall not apply to CONFIDENTIAL INFORMATION: a) Which at the time of the disclosure was already common knowledge. b) Which subsequent to the disclosure becomes common knowledge through no fault on our part. c) Which prior to the disclosure was already part in our lawful possession d) Which is disclosed to us without restriction by a third party who has the lawful right to disclose such information. 2. We shall not use CONFIDENTIAL INFORMATION for any other purpose than the preparation of the tender. 3. We hereby acknowledge that all property and title to the CONFIDENTIAL INFORMATION shall remain with Eskom Uganda. 4. We shall only convey CONFIDENTIAL INFORMATION to such person or persons as shall be necessary for the preparation of the tender and shall bind such person or persons to observe the terms of this secrecy declaration. 5. In the event that the work will not be awarded to us and upon receipt by us of your notification to that effect, we shall promptly return the complete call for tenders’ documents to you. 6. This declaration shall be effective on the date on which the call for tenders’ documents are supplied to us. 7. This declaration shall be governed by the laws of Uganda.

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Accepted and agreed on behalf of:

Name of Contracting Company:

Name:

Signature:

Designation and capacity in which signing :

Date:

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ANNEXURE E - CONFIRMATION OF RECEIPT OF ADDENDA TO THE ENQUIRY

We confirm that the following communications received from the Employer before the submission of this Tender, amending the tender documents, have been taken into account in the tender:

Item Date Received Title or Description

1.

2.

3.

4.

5.

6.

(Attach additional pages if more space is required) ______Name and Designation

______Signature

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ANNEXURE F - PARENT COMPANIES AND OWNERSHIP

PARENT COMPANY REGISTERED LOCATION SHARE %

ULTIMATE PARENT COMPANY:

ASSOCIATED / AFFILIATED COMPANIES

COMPANY NAME ASSOCIATE/AFFILIATE SHARE %

DOCUMENTS TO BE PROVIDED: Company corporate and contracting organisation. Company corporate and contracting general presentation brochure.

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ANNEXURE G – FINANCIAL INFORMATION

CAPITAL AND TURNOVER

MAXIMUN AUTHORISED CAPITAL

TURNOVER Global Profit / Loss

ANNUAL TURNOVER OF THE TENDERER FOR EACH OF THE LAST THREE YEARS Y-3

Y-2

Y-1

BANKERS, EXTERNAL AUDITORS & BANK GUARANTEE

NAME ADDRESS

MAIN BANKERS

FIRST CLASS INTERNATIONAL BANKSPROPOSED FOR PROVIDING GUARANTEE FOR THIS SERVICE.

Name bankers and auditors to be approached for references………………………………………………

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DOCUMENTS TO BE APPROVED:

 Certified annual financial reports for the last three fiscal years.  Documents giving references to current/proposed financing scheme.

TAXES  Provide following tax information:  Taxpayer Identification Number (TIN) in Uganda______ VAT number (if VAT registered)______ Withholding tax company status (*): applicable rate:______%  Trading Licences

(*) if withholding tax exempt, Company shall provide copy of its exemption certificate.

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