TENDER DOCUMENT FOR THE SERVICING AND MAINTENANCE

OF GENERATORS

TENDER NO : TNM GENERATOR SERVICING AND

MAINTENANCE 2013

DATE OF NOTICE : Friday, 23rd August, 2013

CLOSING DATE : Friday, 12.00 hours; 6th September, 2013

TELEKOM NETWORKS MALAWI LTD,

FIFTH FLOOR, LIVINGSTONE TOWERS

P.O. BOX 3039,

BLANTYRE,

MALAWI

TEL: 265 (0) 888 800800

FAX: 265 (0) 1 830 077

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TABLE OF CONTENTS

Table of Contents 

TABLE OF CONTENTS ..................................................................................................................................... 2 

INVITATION TO TENDER ................................................................................................................................ 5 

TERMS AND CONDITIONS ............................................................................................................................. 6 

1.0 INSTRUCTIONS TO TENDERERS ............................................................................................................... 7 

1.1 Eligible Tenderers ........................................................................................................................... 7 

1.2      Cost of tendering ............................................................................................................................ 7 

1.3 Contents of tender documents ......................................................................................................... 7 

1.4 Clarification of Documents ................................................................................................................. 8 

1.5 Amendment of documents .................................................................................................................. 8 

1.6 Language of tender ............................................................................................................................. 8 

1.7 Documents Comprising the Tender .................................................................................................... 8 

1.8 Form of Tender ................................................................................................................................... 9 

1.9 Tender Prices ...................................................................................................................................... 9 

1.10 Bid Currencies .................................................................................................................................. 9 

1.11 Tenderers Eligibility and Qualifications. .......................................................................................... 9 

1.12 Validity of Tenders ........................................................................................................................... 9 

1.13 Format and Signing of Tender ........................................................................................................ 10 

1.14 Sealing and Marking of Tender ...................................................................................................... 10 

1.15 Deadline for Submission of Tenders ............................................................................................... 10 

2.0 SCHEDULE OF REQUIREMENTS .................................................................................................... 11 

3.0  DESCRIPTION OF SERVICES REQUIREMENTS ..................................................................... 12 

3.1  BACKGROUND TO OPERATIONAL STRUCTURE ................................................................. 12 

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4.0  SCOPE OF SERVICES REQUIRED ............................................................................................................ 13 

4.1  EFFECTIVE DATE ............................................................................................................................... 13 

4.2 SERVICING / MAINTENANCE PRICE ................................................................................................... 13 

4.3 PURPOSE ........................................................................................................................................... 13 

4.4 MAINTENANCE SCHEDULE ................................................................................................................ 13 

5.0 TERMS AND CONDITIONS ..................................................................................................................... 15 

5.1  SERVICING/MAINTENANCE PRICE ................................................................................................... 15 

5.2  PAYMENT ......................................................................................................................................... 15 

5.3  PERIOD OF CONTRACT ..................................................................................................................... 15 

5.4  SERVICE DELIVERABLES ................................................................................................................... 15 

5.5  FiXing deficiencies during SERVICE visit .................................................................................... 16 

6.0  SERVICE LEVEL AGREEMENTS ......................................................................................................... 17 

7.0  CONTRACTOR OBLIGATIONS ........................................................................................................... 19 

7.1  Right to purchase parts from CONTRACTOR Stores ........................................................................ 19 

7.2  Implementation of the Contract ..................................................................................................... 19 

7.3  Obligation to inform and advice ...................................................................................................... 19 

7.4      Observation of laws and regulations ............................................................................................ 19 

SCHEDULE 1 PRICING .................................................................................................................................. 26 

SCHEDULE 2:  MANDATORY CHECKLIST AT EVERY SERVICE AND SITE VISIT .............................................. 27 

SCHEDULE 3:  PENALTIES ....................................................................................................................... 28 

ANNEXURE 1: MINIMUM GENERAL TERMS AND CONDITIONS .................................................................. 30 

ANNEXURE: 2 COMPREHENSIVE LIST OF SPARES AND PRICE FOR THE LIST OF GENERATORS PROVIDED. 36 

ANNEXURE 3: REGIONAL GENERATOR DATA .............................................................................................. 37 

STANDARD FORMS ...................................................................................................................................... 38 

FORM OF TENDER ....................................................................................................................................... 39 

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ADDITIONAL INFORMATION ....................................................................................................................... 40 

MANDATORY STATEMENTS OF COMPLIANCE ............................................... Error! Bookmark not defined. 

COMPLIANCE WITH TERMS AND CONDITIONS ........................................................................................... 42 

ANNEXURE 1: COMPLIANCE WITH MINIMUM GENERAL TERMS AND CONDITIONS ................................. 47 

TNM SUPPLIER DUE DILIGENCE FORM ....................................................................................................... 48 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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INVITATION TO TENDER

Date: 23rd August, 2013

TENDER REFERENCE NO: 2013/001 GENERATORS SERVICING AND

MAINTENANCE

TENDER NAME: Provision of Servicing and Maintenance of Generators to Telekom

Networks Malawi Limited.

The services will be provided to various TNM transmission sites, offices, shops and some
residences for Telekom Networks Malawi Limited for the period of one year but renewable
depending on the performance.

1.1 Telekom Networks Malawi Ltd invites sealed tenders from eligible Service Providers for
the provision of Servicing and Maintenance and of Generators to Telekom Networks
Limited for the period of one year but renewable depending on the performance.

1.2 Interested eligible tenderers may obtain further information from the Procurement
Division, TNM Ltd, Livingstone Towers, P. O. Box 3039, Blantyre, Phone: 0888 800
800; Email: [email protected]

1.3 This is the complete set of tender document that contains all information required for
this tendering process.

1.4 Prices quoted should include all taxes (with taxes shown separately) and expressed in
Malawi Kwacha and the quote shall remain valid for a period of 90 days from the
closing date of the bid (and for the rest of the duration of the contract after award unless
agreed by both parties in writing).

1.5 Completed tender documents are to be enclosed in plain sealed envelopes marked with
tender reference number and be deposited in the Tender Box at Reception, TNM Offices,
Livingstone Towers, Fifth Floor, Blantyre on or before 12.00pm Friday, 6th September,
2013.

Telekom Networks Malawi Limited

Livingstone Towers, Fifth floor,
P.O. BOX 3039,
Blantyre,
Malawi.

5
TERMS AND CONDITIONS

6
1.0 INSTRUCTIONS TO TENDERERS

1.1 Eligible Tenderers

1.1.1. This Invitation to tender is open to all eligible Generators maintenance and Service
Providers registered to do business in Malawi and as should prepare their tender as
described in the instructions to tenderers. Successful tenderers shall provide the
services for the stipulated duration from the date of commencement (hereinafter
referred to as the term) specified in the bid documents

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

in any procurement in Malawi shall not be eligible.

1.2 Cost of tendering

The tenderers shall bear all costs associated with the preparation and submission of its
tender, and TNM will in no case be responsible or liable for those costs, regardless of
the conduct or outcome of the bid process.

1.3 Contents of tender documents

1.3.1. The tender document comprises the documents of the following:

Invitation to tender
i) Instructions to tenderers
ii) Schedule of Requirements
iii) Description of Service Requirements
iv) Scope of Service
v) Terms and Conditions
vi) Service Level Agreement
vii) Pricing and Mandatory Checklist Schedules
viii) Minimum General Terms and Conditions, and List of Spares Annexures
ix) Due Diligence Questionnaire and Form
x) Mandatory Statement of Compliance Tables

1.3.2. The tenderer is expected to examine all instructions, forms, terms, and requirements in
the tender documents. Failure to furnish all information required by the tender
documents or to submit a tender not substantially responsive to the tender documents
in every respect will be at the tenderer’s risk and may result in the rejection of its
tender.

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1.4 Clarification of Documents

1.4.1. A prospective candidate making inquiries of the tender document may notify TNM in
writing or by post, fax or email at the TNM’s address indicated in the Invitation to
Bid. TNM will respond in writing to any request for clarification of the bid
documents, which it receives no later than seven (7) days prior to the deadline for the
submission of bids, prescribed by TNM. Written copies of the TNM response
(including an explanation of the query but without identifying the source of inquiry)
will be sent to all prospective tenderer who have received the bid documents”

1.4.2. TNM shall reply to any clarifications sought by the tenderer within 3 days of receiving
the request to enable the tenderer to make timely submission of its bid.

1.5 Amendment of documents

1.5.1. At any time prior to the deadline for submission of tender, TNM, for any reason,
whether at its own initiative or in response to a clarification requested by a
prospective bidder, may modify the tender documents by issuing an addendum.

1.5.2. All prospective bidders who have obtained the tender documents will be notified of the
amendment by email and such amendment will be binding on them.

1.5.3. In order to allow prospective bidders reasonable time in which to take the amendment
into account in preparing their bids, TNM, at its discretion, may extend the deadline
for the submission of tenders.

1.6 Language of tender

1.6.1. The bid prepared by the tenderer, as well as all correspondence and documents relating
to the tender exchanged by the tenderer and TNM shall be written in English
language.

1.7 Documents Comprising the Tender

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

1. A Tender Form and a Price Schedule completed in accordance with the requirements
stated in this tender document.
2. Documentary evidence that the tenderer is eligible to bid and is qualified to perform
the contract if its tender is accepted;
3. Responses to the Compliance Questions included in this tender document
4. Responses to Due Diligence Questionnaire and documents requested in the Due
Diligence Questionnaire.
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1.8 Form of Tender

1.8.1 The bidder shall complete the Form of Tender and the appropriate Price Schedule
furnished in the tender documents, indicating how best the services will be provided.

1.9 Tender Prices

1.9.1 The tenderer shall indicate on the Price schedule the unit prices where applicable and
total tender prices of the services it proposes to provide under the Frame Supply
Agreement.

1.9.2 Prices indicated on the Price Schedule shall be the cost of the services quoted and VAT
and other taxes payable (taxes should be indicated separately within the price
schedule).

1.9.3 Prices quoted by the tenderer shall remain fixed during the term of the contract unless
otherwise agreed by the parties.

1.10 Bid Currencies

1.10.1 Prices shall be quoted in Malawi Kwacha unless otherwise specified in the appendix
to in Instructions to Tenderers

1.11 Tenderers Eligibility and Qualifications.

1.11.1 Bidders shall furnish, as part of its tender, documents establishing the tenderer’s
eligibility to tender and its qualifications to perform the contract if its bid is accepted.

1.11.2 The documentary evidence of the tenderer’s qualifications to perform the contract if
its tender is accepted and should establish to the TNM’s satisfaction that the bidder
has the financial and technical capability necessary to perform the contract.

1.12 Validity of Tenders

1.12.1 Tenders shall remain valid for 90 days or as specified in the invitation to tender after
date of tender opening prescribed by TNM. A tender valid for a shorter period shall
be rejected by the TNM as nonresponsive.

1.12.2 In exceptional circumstances, TNM may solicit the tenderer’s consent to an extension
of the period of validity. The request and the responses thereto shall be made in
writing.

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

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1.13 Format and Signing of Tender

1.13.1 The tenderer shall prepare three copies of the bids, clearly marking the original copy
“ORIGINAL TENDER” and the rest “COPY OF TENDER” as appropriate. In the
event of any discrepancy between them, the original shall govern.

1.13.2 The original and all copies of the tender shall be typed and shall be signed by the
tenderer or a person or persons duly authorized to bind the tenderer to the contract.
All pages of the tender, except for un-amended printed literature, shall be initialed by
the person or persons signing the tender.

1.13.3The tender shall have no interlineations, erasures, or overwriting except as necessary to

correct errors made by the tenderer, in which case such corrections shall be initialed
by the person or persons signing the tender.

1.14 Sealing and Marking of Tender

1.14.1 The tenderer shall seal the original and each copy of the tender in separate envelopes,
duly marking the envelopes as “ORIGINAL” and “COPY.” The envelopes shall then
be sealed in an outer envelope. The inner and outer envelopes shall:

(a) be addressed to TNM at the address given in the Invitation To Tender

(b) bear Tender Reference Number and name specified in the Invitation To
Tender

1.14.2 The inner envelopes shall also indicate the name and address of the tenderer to enable
the tender to be returned unopened in case it is declared “late”.

1.14.3 If the outer envelope is not sealed and marked as required by paragraph 2.15.2, TNM
will assume no responsibility for the tenderer’s misplacement or premature opening.

1.15 Deadline for Submission of Tenders

1.15.1 Tenders must be received by TNM not later than 12.00 hours, Friday, 6th
September, 2013

1.15.2 TNM may, at its discretion, extend this deadline for the submission of tenders by
amending the tender documents, in which case all rights and obligations of the TNM
and candidates previously subject to the deadline will thereafter be subject to the
deadline as extended.

1.15.3 Bulky tenders which will not fit in the tender box shall be received by TNM and
recorded accordingly.

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2.0 SCHEDULE OF REQUIREMENTS
TNM shall require the following services in various sites, offices and residences. Specific
requirements per Region/office are provided in Annexure 3, Generator Data Base.

Lot Region Description of Unit of Number of

No. Services (see measure Generators
below)
1 North (a); (b); (c); (d) see annexure 3
2 Central (a); (b); (c); (d) see annexure 3
(Lilongwe)
3 Blantyre (a); (b); (c); (d) see annexure 3
4 South (a); (b); (c); (d) see annexure 3

(a) Standard Generator service

(b) Emergency Call out
(c) Repair and Return
(d) New Installations and Commissioning

The initial contract period for the services shall be one year unless otherwise changed by
TNM and communicated to the successful Service Provider in writing.

The contract shall be renewable annually based on performance.

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 1.0 DESCRIPTION OF SERVICES REQUIREMENTS

1.1 BACKGROUND TO OPERATIONAL STRUCTURE

This document specifies the maintenance, repair and servicing requirements for installed
Generators in TNM transmission sites and other critical installations including TNM service
shops.

TNM is structured in 4 Operational Regions namely:

1. Blantyre Region with main office in Blantyre covering districts of Blantyre, Mulanje,
Thyolo Nsanje, Chikwawa, Mwanza and part of Chiradzulo

2. South Region with main office in Zomba and covering districts of Zomba, Phalombe,
Machinga, Mangochi, Ntcheu, Balaka ,Neno and part of Chiradzulo

3. Lilongwe Region based in Lilongwe and covering districts of Lilongwe, Dedza, Mchinji,
Salima, Nkhotakota, Kasungu, Dowa, and Ntchisi

4. North Region based in Mzuzu and covering districts of Mzimba, Nkhata Bay, Likoma,
Rumphi, Karonga and Chitipa.

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4.0 SCOPE OF SERVICES REQUIRED

4.1 EFFECTIVE DATE

The effect date of this agreement shall be immediately after the date of signing by both
parties of this agreement.

4.2 SERVICING / MAINTENANCE PRICE

The servicing and maintenance price shall be charged as per site on which service or
maintenance work shall be done. Payments shall only be made once TNM Technical personnel
have certified and endorsed the Contractor’s work and service reports.

4.3 PURPOSE

All maintenance, repair and servicing schedules specified in the document are aimed at keeping
the equipment installed at TNM sites at their optimum level and to prevent (to maximum
possible limits) occurrence of unexpected faults, thereby maintaining maximum uptime for the
equipment.

4.4 MAINTENANCE SCHEDULE

Regional TNM technical offices shall draw up and submit to the Contractor monthly list of site
generators requiring servicing and maintenance.

The Contractor, based on TNM submission, shall draw up a logical schedule and plan, based on
the geographical location of sites, for the servicing and maintenance of the generators.

TNM and the Contractor shall agree on the servicing timelines which shall strictly be adhered to.

All servicing and maintenance procedures shall be strictly as per manufacturers user manual
guidelines and as per TNM site equipment maintenance checklist, Schedule 2.

TNM and the Contractor must ensure that all servicing and maintenance works are carried out at
a time which shall have minimal disturbance to TNM network service.

In the event TNM specifically requests maintenance to be carried out on a specific site at a specific
time, CONTRACTOR shall use its best efforts to adhere to such request.

TNM shall issue a Purchase Order or work order based on the plan. Considering its priorities, TNM
reserves the right to modify/amend the submitted monthly plan to suit TNM’s needs. The work order
for services shall be made 2 weeks before the start of each month, and shall be open for changes one
week before CONTRACTOR start the works.

13
In the event that the works are delayed beyond the dates specified in the monthly submitted plan for
reasons attributable to CONTRACTOR, then TNM is entitled to charge liquidated damages by
reducing the monthly fee payable to CONTRACTOR for planned Maintenance Services for the
respective month. If the performance is below 80% of ordered work in any particular month or below
90% for a period of three months, then TNM reserves the right to terminate the Contract forthwith.

Any TNM request to work on additional number of sites after the Purchase Order is already issued,
and then the CONTRACTOR shall use best efforts to comply with such request or propose a new
prioritisation for on-going work. TNM shall communicate to CONTRACTOR for such work in
writing.

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5.0 TERMS AND CONDITIONS

5.1 SERVICING/MAINTENANCE PRICE

The Contractor shall quote servicing price per unit per service which shall include labour,
consumables, transport, travel time and parts.
The price quoted shall be as per Schedule 1.
The prices shall be mutually reviewed and agreed on anniversary of the commencement date.
The review shall take into account of the relevant prevailing economic rates.

5.2 PAYMENT

5.2.1 Payment shall be made 30 days from the date of invoice.

5.3 PERIOD OF CONTRACT

The initial term of this agreement shall be one (1) year from the Effective Date and shall be
reviewed on anniversary and before any extension. For early termination, either party shall
give written notice to the other party 60 days prior to the termination of contract.

5.4 SERVICE DELIVERABLES

5.4.1 A sticker on each unit showing date of service and next due date of service shall visibly be
shown on each unit.
5.4.2 After every service or maintenance work, CONTRACTOR shall prepare a Service Report and
mandatory in the report shall be the unit’s serial number, hours run, make and model of the unit
etc. Strictly only TNM Technical Department personnel shall certify work completed on the
Service Report.
5.4.3 A service and maintenance TNM checklist shall duly be filled in, signed, dated and shall be
left in the generator room for both parties’ perusal.
5.4.4 TNM Technical personnel shall not certify nor endorse Contractors’ Field service reports if any
of the above have not been complied nor adhered to.

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5.5 FIXING DEFICIENCIES DURING SERVICE VISIT

5.5.1 All deficiencies or problems found at any service visit shall be fixed (or temporarily fixed)
during the visit within the scope and fee for the site visit. This extends to all checks in the
checklist, if the fixing shall not require spares.

5.5.2 For deficiencies that cannot be fixed during the site visit, these shall be notified in the service
report. Any deficiency that is deemed to be or likely to deteriorate to be service effecting shall
be fixed temporarily, and the problem shall be separately reported, by phone call followed by
email confirmation, to the relevant Regional Technical Manager.

5.5.3 All major deficiencies shall be reported to the relevant Regional Technical Manager. Major
deficiencies are those that can be seen that can deteriorate as to cause service outage, personal
injury, security problems. These deficiencies shall be escalated via E-mail and Telephone call.
CONTRACTOR shall issue a quote/estimate for correcting the deficiency. The deficiency will
only be corrected after receiving an official authorization from TNM either by LPO or phone
call followed by email when an LPO may not be practically possible.

5.5.4 All types of corrective pre-planned work are expected to be performed in coordination with a
planned site visit.

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6.0 SERVICE LEVEL AGREEMENTS

6.1 New Generator Units shall be under manufacturer’s warranty and all other generators shall be
serviced as per mutually agreed service schedules based on manufacturer’s guidelines and
TNM own operational procedures.
6.2 Whilst TNM shall be responsible for communicating the run hours, the CONTRACTOR shall
have a planned schedule for standby generators a planned schedule based on the last service.
6.3 CONTRACTOR shall provide minimum preventative and corrective maintenance service to
TNM Generators as described in Clause 5.
6.4 The following mandatory checks at each service shall be carried out:
• Automatic power failure change over from utility power to generator and vice versa
• Generator battery charge and battery holding charge capability
• Generator battery charging capability
• Performance of the generator run hour meter
• Performance of the generator frequency meter
• Fan belt status
• Exhaust system status
• Record on job sheet the fuel level and immediate report to relevant technical personnel
if levels at or below half tank
Refer to Schedule 2
TNM shall hold the CONTRACTOR responsible and evoke penalties, as agreed in the contract
per Schedule 3, if within 7 days after service:
• Automatic power change over fails
• Battery fails to start generator
• Generator fails due to fan belt faulty
6.5 During the fulfillment of the Contract, no additional costs shall be incurred by TNM with
regard to the operations of the Generators to function properly, however in case of hardware
failure TNM will bear the cost of replacement, so long as the hardware failure has occurred
after the one year guarantee period for the new units, is in the expected normal wear and tear of
the equipment, and is not due to poor workmanship.

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6.6 Faults and Emergency call out during business working hours, 07:30 to 17:00 Mondays to
Friday, shall operate as follows;
6.6.1 All sites where generator power is secondary or primary:
The response time shall be a minimum of 2 hours and maximum of 6 hours.
6.6.2 Rectification of faults
The response time shall be a minimum of 6 hours and a maximum of 12 hours
6.6.3 Emergency, weekend and public holidays:
For emergency the TNM Regional Technical Managers shall communicate with
CONTRACTOR through phone call, email or faxed letter where Purchase Order is
practically not possible. CONTRACTOR will assess the nature of fault and provide
advice to TNM.
6.6.4 In the event of a call out TNM shall ensure that they furnish CONTRACTOR with the
recorded hours on the faulty equipment, and where the hours shown are within 25 hours
or less of the next due hours for routine service, CONTRACTOR shall endeavor to
carry out the service at the same time of fault rectification.
6.6.5 In the event of proof that CONTRACTOR failed to attend to the fault as requested, a
negligence default will be recorded against CONTRACTOR. Such defaults should not
exceed three times in a month otherwise TNM will have the right to review the
contract.

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7.0 CONTRACTOR OBLIGATIONS

7.1 Right to purchase parts from CONTRACTOR Stores

CONTRACTOR shall allow TNM to purchase replacement parts direct from its stores, where
TNM deems the part can be replaced competently by TNM trained personnel. CONTRACTOR
shall provide TNM with price list for spares and parts and TNM shall issue Purchase Orders
for the purchase of the required parts based on that price list.

7.2 Implementation of the Contract

CONTRACTOR shall be responsible for implementing the Services covered by the Contract,
as defined in the scope of maintenance herein, beginning on the Effective Date.

7.3 Obligation to inform and advice

For the effective execution of the Contract, CONTRACTOR has a general obligation to assist
advice and warn TNM. As such it shall provide any advice it deems useful on the choice, use
and maintenance of the Equipment.
7.4 Observation of laws and regulations

CONTRACTOR shall act in compliance with applicable and prevailing laws and regulations in
Malawi. It will satisfy its fiscal and social obligations in the conduct of this agreement.
7.5 Mandatory RFQ Submission
7.5.1 CONTRACTOR shall comply with the general terms and conditions as specified in the
contract.
7.5.2 CONTRACTOR shall fully give prices as based on manufacturer’s maintenance schedules or
recommendations by CONTRACTOR.
7.5.3 CONTRACTOR shall be required to fully give prices of a comprehensive list of spares
complete with manufacturer’s part numbers and descriptions.
7.5.4 CONTRACTOR shall be required to respond to each Clause of the document indicating
whether they have complied or not, and shall indicate where service is not applicable.

19
8.0 TNM OBLIGATIONS
8.1 TNM undertakes to pay all amounts payable to CONTRACTOR after 30 days of invoicing.
8.2 TNM shall use the generators as per manufacturers’ user manual and as per CONTRACTORS’
advice.
8.3 TNM shall maintain and make available to CONTRACTOR records of operation, maintenance
Hours and any malfunction of all generators.

9.0 MAINTENANCE
9.1 CONTRACTOR undertakes to provide to TNM the following maintenance service:
• Routine servicing and remedial maintenance including the repair and correction of
faults which may occur from time to time including the replacement of unserviceable
parts.
The maintenance shall not extend to except on exclusive request and authorization:
• Movements, modifications or additions to the equipment
• Items, which in CONTRACTOR’ opinion can no longer be economically
repaired/maintained.
• Defects or failure of equipment resulting from misuse, natural disaster, neglect or
failure to follow instructions or advice of the manufacture.
• Construction and/or modifications of the equipment shelters
• Installations of new equipment.

20
10.0 ACCESS
TNM will provide one person as the point of contact during problem situations. TNM shall
allow CONTRACTOR full and prompt access to the equipment at all times as may be
necessary based on the TNM approved polices for the proper maintenance of the equipment,
and shall, if required, make available to CONTRACTOR, Maintenance Staff who are familiar
with TNM working procedures. Failure to do so will result in duplication trips and costs
thereof. In the event that any site keys are misplaced or lost by CONTRACTOR’s employees
or its representatives, CONTRACTOR shall report the loss to TNM immediately and shall be
responsible for all replacement cost associated with the loss.

11.0 QUALITY OF SERVICE AND PARTS SUPPLY

11.1 CONTRACTOR undertakes to supply to TNM genuine products and diligent services for the
proper implementation of the specified services. Specific damage to the equipment shall be the
responsibility of the party at fault. Normal repairs and maintenance shall be done by
CONTRACTOR.

12.0 DEFAULTS IN DELIVERY

12.1 CONTRACTOR shall be liable in compensation to TNM for any damage caused by failure
to meet agreed delivery dates unless the delay was caused by events beyond the Supplier’s
control. If the delivery is a fixed-date purchase, TNM reserves the right to demand specific
performance within 14days of the said delivery date.
12.2 CONTRACTOR failure to deliver within a respite period set, TNM shall be entitled to
cancel the respective Purchase Order and to request compensation for failure to deliver.
12.3 CONTRACTOR continued default on meeting delivery dates, TNM shall serve a warning
letter and if CONTRACTOR takes no remedial action, TNM shall be obliged to cancel with
immediate effect any outstanding Purchase Orders.

21
13.0 AMENDMENTS TO THE CONTRACT
The contract shall not be amended except by written mutual agreement signed by a duly
authorized representative of the Parties.

14.0 FORCE MAJEURE

14.1 Neither party shall be liable for failure to perform any of its obligations under this Agreement
during any period in which such party cannot perform due to matters beyond their control,
including, but not limited to, strike, fire, flood, or other natural disaster, war, embargo, or riot
provided that the party so delayed immediately notifies the other party of such delay. If the
other party’s performance is delayed for these reasons for a cumulative period of twenty (20)
days or more, the affected party may terminate this Agreement and/or any Purchase Order(s)
hereunder by giving the other written notice, which termination shall become effective upon
receipt of such notice. If TNM terminates, its sole liability under this Agreement or any
Purchase Orders issued hereunder will be to pay any balance due for conforming services
delivered by CONTRACTOR before receipt of TNM’s termination notice; and (2) ordered by
TNM for delivery and actually delivered within fifteen (15) days after receipt of the TNM’s
termination notice.

15.0 TERMINATION
15.1 The occurrence of any of the following constitutes a breach by either party unless corrected by
the party at fault within fourteen (14) days.
a) CONTRACTOR’s failure to deliver goods and/or perform services on time if not contributed
by TNM. The services performed by CONTRACTOR do not conform to the terms set forth in
this Agreement.
b) CONTRACTOR fails to perform any material provision of this Agreement.
c) TNM’s failure to pay for its debts or any similar events of the kind beyond the agreed period
having failed to respond to the written notice by CONTRACTOR of the intention to terminate.
d) Either party assigns this agreement or any obligation or rights hereunder. (The term “assigns"
to include, without limitation, a transfer of majority ownership in the party’s portfolio.)
e) Either party sells or merges with a third-party (not a parent or subsidiary company) without the
prior written consent of the other.
22
 f) Either party becomes insolvent or makes an assignment for the benefit of creditors, or a
receiver, or similar officer is appointed to take charge of all or part of its assets.
g) The other party is wound up, unless the purpose of the winding up is for bonafide
reconstruction or amalgamation.

15.2 The party at fault shall cure any of the above breaches and notify the other of such cure within
fourteen (14) days from receipt of a notice to cure from the affected party. If there is no cure,
the affected party may terminate this Agreement and/or any Purchase Order(s) issued
hereunder by giving the other party written notice. The affected party shall have no liability to
the other party thereafter except for payment of any balance due for conforming maintenance
services performed prior to the date of notice to cure. Either party may, at its option and
without regard to their other’s ability to cure, terminate this Agreement and/or any Purchase
Order(s) issued hereunder for cause in the event of any second or subsequent instances of the
above breaches.

16.0 CONFIDENTIALITY
16.1 Both parties shall maintain, as confidential, and shall not disclose to any person outside its
employ, nor use for purposes other than performance of this Agreement, any specifications,
drawings, blueprints, data, business information, or other confidential information which is
learned by virtue of this Agreement, except where required by law. Upon expiration of this
Agreement, both parties shall promptly return all confidential material and copies to the other
party.
16.2 Unless otherwise determined in writing by CONTRACTOR, TNM may reproduce and use
CONTRACTOR’s documentation provided by CONTRACTOR under this Agreement and
vice versa.

23
17.0 CONTRACTUAL DOCUMENTS

This contract, including its appendices and any amendment shall govern the execution of
Services provided by CONTRACTOR to the exclusion of any other previous document and/or
other oral agreement. Amendments shall take precedence over any other document, and the
Contract shall take precedence over its appendices.

18.0 ARBITRATION
Any dispute difference or question which may arise at any time hereafter between the parties
touching the true construction of this agreement or the rights and liabilities of the parties hereto
shall unless otherwise herein expressly provided be referred to the decision of a single
arbitrator in Malawi to be agreed upon between the parties or in default of agreement for
fourteen days to be appointed at the request of either party by the President of the Malawi Law
Society in accordance with and subject to the provisions of the Arbitration Act (Cap. 6.03) of
the Laws of Malawi or any statutory modification of re-enactment thereof for the time being in
force.

19.0 APPLICABLE LAW

This Agreement shall be deemed to have been made in Malawi and the construction validity
and performance of this agreement shall be governed in all respects by Malawi Law.

24
SCHEDULES

25
SCHEDULE 1 PRICING

Standard
Generator Labour Charge Transport Travel time
Service

Within city
50km
50 - 150
>200km

Emergency
Labour charge Transport Travel time
Call out

Within city
50km
50 - 150
>200km

Repair &
Labour charge Transport Travel time
Return

Within city
50km
50 - 150
>200km

Installation &
Labour charge Transport Travel time
Commissioning

Within city
50km
50 - 150
>200km

26
SCHEDULE 2: MANDATORY CHECKLIST AT EVERY SERVICE AND SITE VISIT

Condition  Comments 
Item  Description  (OK/NOK)
Check oil level       
Lubrication system  Check oil viscosity      
Check for oil leakages      
Check coolant level      
Check for any coolant leakages      
Radiator system 
Check and examine Radiator connections      
Check hoses for wear and tear     
Check belt tension       
Fan belt 
Check for indication of belt's wear and tear      
Alarms  Check for any generator active alarms      
Check battery water level      
Battery   Check battery voltage      
  Check battery connections for looseness and   
corrosion   
Inspect general exhaust pipe physical condition      
Exhaust pipe Assembly  Check flexer for wear and tear      
Drain exhaust condensation chamber     
Air Filter  Check for debris and clean Air filter      
Fuel filter  Drain water in fuel filter housing     
Check fuel gauge functionality      
Check for any fuel leakages      
Check hour meter functionality       
Fuel system 
Check and record Fuel Level. Top up accordingly      
Drain water from fuel  tank     
     
Charging system  Check trickle charger functionality      
Change‐over panel   Check automatic operation of panel      
Check operations of the generator run hour meter  
Generator Run hours 
Check operations of the generator frequency meter  
Generator Frequency   
       

27
SCHEDULE 3: PENALTIES

TNM will apply specific penalties to the contractor for failure to deliver or conduct not in line
with the contract. Examples of the penalties will include but not limited to:

1. Monetary penalties where TNM has suffered financial loss

2. Refusing to honor payment where work is not done as per TNM expectation
3. Termination of contract where there are serious breach of the contract

28
ANNEXURES

29
ANNEXURE 1: MINIMUM GENERAL TERMS AND CONDITIONS

1.1Qualifications of CONTRACTOR Employees

CONTRACTOR must have and maintain suitably qualified, fully competent, reliable, and
trained resources to perform the duties as set out in the Scope of Services, and according to
applicable laws.

1.2 Proof of Qualifications

Proof of qualification or training courses attended will be requested by TNM. TNM will not be
responsible for the cost of training of CONTRACTOR’s personnel and representatives.

1.3 Right to object CONTRACTOR Employees

TNM shall be at liberty to object to the use of any employee or person employed by
CONTRACTOR in the execution of the services, who in the opinion of TNM (based upon
reasonable grounds which shall be disclosed to CONTRACTOR) misconducts himself or
herself, or is incompetent or negligent or otherwise unsatisfactory, and CONTRACTOR shall
immediately replace the person so objected to, upon receipt from TNM of a request requiring it
to do so.

1.4 Conditions for Sub-contracting

CONTRACTOR shall submit in writing to TNM for approval the company profile of any
proposed sub-contractor, and CONTRACTOR shall not, without the prior written consent of
TNM, enter into any sub-contract with any person, partnership, firm, close corporation or
company for the execution of the services or any part thereof, which consent shall not be
withheld unreasonably. Such sub-contracting shall not relieve CONTRACTOR of its liability
in terms of the services rendered. All communications at any level and at any time during the
management of the contract shall be between TNM and CONTRACTOR. At no time shall
TNM entertain any communications with any of the sub-contractors regarding the execution of
this contract. CONTRACTOR shall have adequate staff of its own to liaise with TNM at any
level of management of this contract.

30
1.5 Limits on Sub-contracting
Sub-contracting of all activities by more than one contracting level is not permitted. All sub-
contractors must work directly for the appointed maintenance contractor. This means that there
will only be one level of contracting allowed below the appointed maintenance contractor. The
sub-contractor may not in turn contract out the work allocated to him.

1.6 Organogram
TNM requires that an organogram of all staff members associated with the project be presented
on request, including that of CONTRACTOR sub-contractor.

1.7 Emergency Call-outs

Emergency Call-out shall be defined as any official request by TNM for a specific service,
other than a warranty service by CONTRACTOR that is outside the pre-approved work plan
and is not as a result of poor workmanship by CONTRACTOR on specific TNM equipment
under this contract.

1.8 Transport, Security, Safety & Tools

CONTRACTOR shall provide suitable transport and security for its employees, and requisite
tools to and from the Sites at its own expense. It shall also supply the necessary, safety
clothes, materials, equipment, and sustenance allowances to its employees at its expense in
order to render the services efficiently. TNM may decide to provide transport to the contractor
depending on cost implications. Where the constructor uses own transport the cost calculation
will be based on the locations of Mzuzu, Lilongwe, Zomba and Blantyre as the operating base

1.9 Regional CONTRACTOR Offices/Workshops

CONTRACTOR shall set up base in agreed locations, preferably regional headquarters, for
the purpose of ensuring efficiency in the performance of this contract. The base shall include
an Office and Workshop with enough facilities to undertake Major Servicing of Generators
and related service warranty. The office will also have facilities for Internet connections in
order to facilitate posting of Reports by E-mail to their Head Office and TNM Head Office or
Regional Offices.

31
 1.10 Conformance to TNM Procedures & Standards
CONTRACTOR shall conform to relevant TNM standards and policies. These are but not
limited to;
• TNM ’s Site Access Procedures;
• TNM ’s Site Logbook and record keeping
• TNM ’s emergency regulations and procedures;
• Ensuring that CONTRACTOR’s employees and representatives are neatly and properly
attired appropriate for the job function. And that all personnel are issued with ID tags so
that they can identify themselves to other parties on site, such as landlords, TNM personnel
etc. CONTRACTOR’s personnel will conduct themselves in a manner to portray a good
image to the general public or landlord.
• CONTRACTOR will maintain its equipment in good order so as to comply with TNM ’s
safety standards and environmental regulations;
• Any other policies and procedures that may be issued from time to time

1.11 TNM Random Inspections

Random inspections and site visits will be carried out by TNM on CONTRACTOR works.
Failure to comply with the scope of works will be considered as breach of contract.

1.12 Contract & Regional Boundaries

This contract will be TNM regional based. The contract boundaries will be defined to suit
where logical, TNM Operation areas within the various regions. Access to and location of the
sites must be arranged with the designated regional TNM representative only. A full list of
sites will be provided to CONTRACTOR for each area. The list may increase slightly as new
sites come on air and the current maintenance CONTRACTOR acting in the area may be given
1st option to add these sites to their respective list. Should CONTRACTOR feel that it does not
have capacity to take on these extra sites CONTRACTOR must advise TNM immediately.
Should CONTRACTOR accept the additional work it will be expected to complete the work
within the current contract period, if its cycle is due.

1.13 Safety, Health & Environmental Risks Awareness

32
It is expected that CONTRACTOR is familiar with all the potential risks involved in the
provision of services required and is hereby requested to, at its own cost, asses these risks and
mitigate them by means of CONTRACTOR’s own risk analysis and resultant safety plan. A
copy of the risk analysis as well as the Safety, Health and Environmental plan is to be
submitted for approval by TNM on request.

1.14 CONTRACTOR Warranty

CONTRACTOR warrants that it shall carry out all its obligations and the Services pursuant to
this Contract in a proper and workmanlike manner.

1.15 CONTRACTOR’s Responsibility for TNM Loss

CONTRACTOR shall take responsibility of loss that may be suffered by TNM due to e.g.
unscheduled power interruptions, damage to equipment and cables, maintenance not done as
per scope of works and sites not locked and secured etc, where CONTRACTOR or its
representative is responsible for the cause or such negligence.

1.16 Site Access Keys

The contractor hereby undertakes that he will safely handle site access keys and will be
financially responsible for replacement of any key/keys lost under the custody of the
contractor
1.17 Compliance with Environmental Council of Malawi
CONTRACTOR shall, when performing its duties as part of the scope of works e.g. disposing
of used oils and other hazardous and non-hazardous materials, comply with Environmental
Council of Malawi regulations and any other laws applicable in Malawi. Proof of compliance
shall be made available to TNM on request.

1.18 Proof of Replaced Items

Replaced items must be handed over to TNM to substantiate the new item being invoiced. All
replacements shall be communicated by CONTRACTOR and approved by TNM. All new
items in this regard shall be as per TNM specification. The contractor shall in its report
provide list of serial numbers for the new replacement parts.Failure to comply with this
requirement may lead to nonpayment.

33
1.19 Fortnight Reports
Respective site checklists and requisite reports on works are to be submitted by
CONTRACTOR on a fortnight basis. These reports shall be improved and modified by TNM
from time to time for better management of works.

1.20 Monthly Route Plans

Route plans are to be submitted by CONTRACTOR for approval by TNM on a monthly basis
at the Monthly Meetings and are to be reviewed fortnightly. TNM shall submit service hours
and outstanding faults to CONTRACTOR before any monthly meeting.

1.21 Monthly Performance Reports

Contract performance reports are to be submitted by CONTRACTOR on a monthly basis. This
should include a summary of the weekly reports. The monthly report will form the basis for
determining payment for the month as this contract is performance-based in terms of payments.

1.22 CONTRACTOR’s Project Manager

CONTRACTOR shall appoint an overall Project Manager responsible for all aspects of the
contract. This Project Manager shall be senior enough to make decisions where necessary. The
Project Manager shall also be responsible to ensure that all relevant reports are up to date and
presented to TNM on time.

1.23 Venue of Meetings

Monthly meetings shall be held for each region as the contract is regional based. (Blantyre,
Lilongwe, Zomba and Mzuzu)

1.24 Insurances
CONTRACTOR is responsible for all insurances required to deliver the services as per this
Scope of works. CONTRACTOR shall also ensure that the said insurances have adequate
cover at all times. CONTRACTOR shall make available to TNM proof of these insurances on
request.
1.25 Price of Spare parts List
The contractor is requires to provide a complete and comprehensive list of all spares parts for
all generator models in TNM network as provided as per ANNEXURE2. In addition the
34
contractor will provide the price of each spare part fixed for a period of at least one year. The
price will be in Malawi Kwacha both without tax as well as with tax included. in the event of
a serious negative change in the currency against the dollar, the contractor will engage TNM
to reach a mutually acceptable price adjustment

35
ANNEXURE: 2 COMPREHENSIVE LIST OF SPARES AND PRICE FOR THE LIST OF
GENERATORS PROVIDED

The contractor is required to provide a comprehensive price in Malawi Kwacha of spare parts for
all the list of generators. The price of spares will be fixed for a period of one year unless in the
event of massive currency devaluation where the contractor will review the price with TNM.

ITEM GENERATOR TYPE PART DESCRIPTION PRICE PRICE

No BEFORE INCLUDING
TAX TAX
(MWK) (MWK)

.
Dated this …………….day of ………………….2013

Signed for on behalf of the company (contractor)

……………………………………………………………………………………………

Signed on behalf of the customer (TNM)

……………………………………………………………………………………………

36
ANNEXURE 3: REGIONAL GENERATOR DATA

List provided as separate excel sheet

37
 STANDARD FORMS 

1. Form of Tender

2. Additional Information

3. Due Diligence and Form

38
FORM OF TENDER

To: Telekom Networks Malawi, Livingstone Towers, Fifth Floor

P.O. Box 3039, Blantyre, Malawi.

Date ________________________

Tender No.___________________

Gentlemen and/or Ladies:-

1. Having examined the Tender documents including Addenda …….. the receipt of which is
hereby duly acknowledged, we the undersigned, offer to provide maintenance and services
of Generators to TNM at the rates and sell spares at the initial prices attached under
this bid in conformity with the said bid document.

2. We agree to abide by this bid for a period of …………….[number] days from the date
fixed for bid opening of the Instructions to Bidders, and it shall remain binding upon us and
may be accepted at any time before the expiration of that period.

3. This Tender, together with your written acceptance thereof and your notification of award,
shall constitute a Contract between us subject to the signing of the contract by both parties.

4. We understand that you are not bound to accept the lowest or any bid you may receive.

Dated this day ___________of __________ 2013

[Signature] [In the capacity of]

Duly authorized to sign bid for and on behalf of ____________

Official Stamp

39
ADDITIONAL INFORMATION

The Service Provider should provide the information on how best they will provide the
required services. (No limitations on number of pages)

40
MANDATORY STATEMENTS OF COMPLIANCE

IN ORDER TO ENSURE THAT THE PROSPECTIVE CONTRACTORS HAVE FULLY

READ AND UNDERSTOOD ALL THE CLAUSES OF THIS TENDER DOCUMENT
AND TO AVOID AMBIGUITY, COMPLIANCE TABLES HAS BEEN INCLUDED
BELOW. ALL PROSPECTIVE TENDERERS ARE EXPECTED/ REQUESTED TO
SIMPLY STATE COMPLIANCE, NON COMPLIANCE OR NOTAPPLICABLE
AGAINST EACH OF THE CLAUSES AS PER ATTACHED TABLES.

PLEASE NOTE, PARTIAL COMPLIANCE HAS TO BE QUALIFIED SEPARATELY.

CLAUSES WITHOUT TENDERERS’ RESPONSE WILL BE ASSUMED AS NON-

COMPLIANT.

41
TABLE 1 COMPLIANCE WITH TERMS AND CONDITIONS

Not
Comply Non Comply Applicable
Clause: Refer to the clauses in the document for full details

1 INSTRUCTIONS TO TENDERERS
1.1 Eligible Tenderers
1.1.1 This invitation to tender is open….
1.1.2 Tenderers involved in corrupt……
1.2 Cost of tendering
1.3 Contents of tender document
1.3.1 The tender document comprises……
1.3.2 The tender is expected to…………
1.4 Clarification of Documents
1.4.1 A prospective candidate making…..
1.4.2 TNM shall reply to any………..
1.5 Amendment of documents
1.5.1 At any time prior to the………….
1.5.2 All prospective bidders who………
1.5.3 In order to allow prospective……….
1.6 Language of tender
1.6.1 The bid prepared by…………….
1.7 Documents Comprising of the Tender
1.8 Form of Tender
1.9 Tender Prices
1.9.1 The tenderer shall indicate…………
1.9.2 Prices indicated on the Price……….
1.9.3 Prices quoted by the tenderer………
1.10 Bid Currencies
1.10.1 Prices shall be quoted in……………
1.11 Tenderers
1.11.2 The documentary evidence of………...

42
 Not
Comply Non Comply Applicable

Clause: Refer to the clauses in the document for full details

1.12 Validity of Tenderers

1.12.1 Tenderers shall remain valid for………………

1.12.2 In exceptional circumstances, TNM may……

1.13 Format and Signing Tender

1.13.1 The tenderer shall prepare three……………

1.13.2 The original and all copies of the……………

1.14 Sealing and Marking of Tender

1.14.1 The tenderer shall seal the original………….

1.14.2 The inner envelope is not sealed……………

1.14.3 If the outer envelope is not sealed…………

1.15 Deadline for Submission of Tenders

1.15.1 Tenderers must be received by……………

1.15.2 TNM may, at its discretion, extend………

1.15.3 Bulky tenders which will not fit…………

2.0 SCHEDULE OF REQUIREMENTS

3.0 DESCRIPTION OF SERVICES REQUIREMENTS

3.1 BACKGROUND TO OPERATIONAL STRUCTURE

4.0 SCOPE OF SERVICES REQUIRED

4.1 EFFECTIVE DATE

4.2 SERVICING/MAINTENANCE PRICE

4.3 Purpose

4.4 MAINTENANCE SCHEDULE

5.0 TERMS AND CONDITIONS

5.1 SERVICING/MAINTENANCE PRICE

5.2 PAYMENT

43
 Not
Comply Non Comply Applicable

Clause Refer to the clauses in the document for full details

5.2.1 Payment shall be made…………………….

5.3 PERIOD OF CONTRACT

5.4 SERVICE DELIVERABLES

5.4.1 A sticker on each unit showing date of………

5.4.2 After every service or maintenance work………

5.4.3 A service and maintenance TNM……………

5.4.4 TNM Technical personnel shall not…………

5.5 FIXING DEFICIENCIES DURING SERVICE VISIT

5.5.1 All deficiencies or problems found…………

5.5.2 For deficiencies that cannot be fixed………

5.5.3 All major deficiencies shall be reported………

5.5.4 All types of corrective pre-planned……………

6.0 SERVICE LEVEL AGREEMENTS

6.1 New Generator Units shall be…………

6.2 Whilst TNM shall be responsible for………

6.3 CONTRACTOR shall provide…………

6.4 The following mandatory checks at………

6.5 During the fulfillment of the Contract………

6.5 Faults and Emergency call out…………..

6.5.1 All sites where generator power…………

6.5.2 Rectification of faults

6.5.3 Emergency, weekend and public………..

6.5.4 In the event of a call out TNM…………

6.5.5 In the event of proof that CONTRACTOR……….

44
 Not
Comply Non Comply Applicable

Clause Refer to the clauses in the document for full details

7.0 CONTRACTOR OBLIGATIONS

7.1 Right to purchase parts from CONTRACTOR Stores

7.2 Implementation of the Contract

7.3 Obligation to inform and advice

7.4 Observation of laws and regulations

7.5 Mandatory RFQ Submission

7.5.1 CONTRACTOR shall comply with…………

7.5.2 CONTRACTOR shall fully give prices……..

7.5.3 CONTRACTOR shall be required to…………

7.5.4 CONTRACTOR shall be required to…………

8.0 TNM OBLIGATIONS

8.1 TNM undertakes to pay all amounts………..

8.2 TNM shall use the generators as per……….

8.3 TNM shall maintain and make……………

9.0 MAINTENANCE

9.1 CONTRACTOR undertakes to provide………

10.0 ACCESS

11.0 QUALITY OF SERVICE AND PARTS SUPPLY

11.1 CONTRACTOR undertakes to supply………

12.0 DEFAULTS IN DELIVERY

12.1 CONTRACTOR shall be liable in…………

12.2 CONTRACTOR failure to deliver…………

12.3 CONTRACTOR continued default on………

13.0 AMENDMENTS TO THE CONTRACT

45
 Not
Comply Non Comply Applicable

Clause Refer to the clauses in the document for full details

14.0 FOURCE MAJEURE

14.1 Neither party shall be liable for…………

15.0 TERMINATION

15.1 The occurrence of any of the following………

15.2 The party at fault shall cure any of the………

16.0 CONFIDENTIALITY
16.1 Both parties shall maintain, as confidential……..

16.2 Unless otherwise determined in writing by………

17.0 CONTRACTUAL DOCUMENTS

18.0 ARBITRATION

19.0 APPLICABLE LAW

46
TABLE 2 COMPLIANCE WITH MINIMUM GENERAL TERMS AND CONDITIONS

Clause DESCRIPTION Comply Non Comply Not

Applicable

1.1 Qualifications of Contractor Employees

1.2 Proof of Qualifications

1.3 Right to Object Contractor’s Employee

1.4 Conditions for Sub-Contracting

1.5 Limits on Sub-Contracting

1.6 Organogram & CV’s

1.7 Emergency Call-out

1.8 Transport, Security, Safety and Tools

1.9 Regional Contractor Offices/Workshops

1.10 Conformance to TNM Ltd Procedures and Standards

1.11 TNM Ltd Random Inspections

1.12 Contract and Regional Boundaries

1.13 Safety, Health and Environmental Risks

1.14 CONTRACTOR Warranty

1.15 Contractors Responsibility for TNM Ltd Loss

1.16 Site Access Keys

Compliance with Environmental Laws and Relevant
1.17 Government Regulations

1.18 Proof of Replaced Items

1.19 Reports
1.20 Monthly Route Plans

1.21 Performance Reports

1.22 Contractor’s Project Manger

1.23 Venue of Meetings

1.24 Insurance

1.25 Price of spare parts

47
TNM SUPPLIER DUE DILIGENCE FORM

TNM is committed to achieving and maintaining the highest standards of corporate governance, particularly in respect of
compliance with ethical and legal requirements.

Our success has been a product of a joint commitment of all our business partners, suppliers, vendors, contractors, franchisees
and service providers who play an important and valued role in our continuing business success. However, for us to continue to
provide the best service and technology to customers today, as well as in the future, it is critical that we respond to the
increasing challenges and requirements of an ethical and legal nature. These challenges cannot be met by TNM alone; we need
the cooperation and support of our business partners.

One of the key areas of concern in corporate governance is the prevention of corruption, money laundering and terrorism
(CMT). A key feature of governance and CMT legislation is to “know your business partners” and to request that your
partners give certain undertakings in respect of their activities and operations. (The importance of “knowing business partners”
also underlies anti-money laundering legislation.) In this manner, responsible corporate citizens are able to minimise the
possibility that, for example, any payments flowing to and through their partners are being used for corrupt or other criminal
purposes.

It is in this spirit that TNM requests that you please complete the attached form. Where necessary, if insufficient space has
been provided on the form for the answers, please provide the answers as supplements on separate sheets.

We at TNM acknowledge that compliance with our request herein may result in your organisation expending considerable
effort, time and resources. Doing this may not always be easy. However, we urge you to remember that by assisting us in this
manner, you are helping us establish and maintain quality of business relationships that will enhance all of our abilities to
shape our business and legal environment by demonstrating that we – the business community- can be trusted to adhere to
sound, ethical and responsible business practices and comply with the law. Adopting this “TNM Way” will assist us to achieve
supply chain excellence, deliver innovative products and services and, remain the cellular service provider of choice to our
subscribers.

Please kindly ensure that you initial each page and sign in full on the last page in the space provided.

Thank you for your assistance.

Willem Swart
Managing Director
48
PART 1 ORGANISATIONAL/PERSONAL PARTICULARS

1.1 Name/registered name of person or organization: _____________________________________________

1.2 Type of organisation: (state whether private limited company, public limited company, sole proprietor,
partnership, close corporation, non-profit organisation etc.)______________________________________

1.3 ID/Company registration number:__________________________________________________________

1.4 Vat registration number: _________________________________________________________________

1.5 Country of origin/incorporation: __________________________________________________________

1.6 Full physical address of registered office: ___________________________________________________

____________________________________________________________________________________

1.7 Postal address of registered office: ________________________________________________________

_____________________________________________________________________________________

1.8 Physical Address of principal operation:_____________________________________________________

____________________________________________________________________________________

1.9 Postal address of principal operation: _______________________________________________________

_____________________________________________________________________________________

1.10 Goods or services supplied in general: _______________________________________________________

_____________________________________________________________________________________

1.11 Nature of relationship with TNM – length (years): ___________________________________________

1.12.1 Company Telephone Number: _________________________________________________________

1.12.2 Company Fax Number: ______________________________________________________________
1.12.3 Principal Contact person: _____________________________________________________________
1.12.4 Principal Contact person direct tel. number: _______________________________________________
1.12.5 Principal Contact person cellular number: ________________________________________________

49
1.12.6 Principal Contact person direct fax number: _______________________________________________
1.12.7 Principal Contact person email address: _________________________________________________

1.13 In the event of the existence of a contract with TNM, please attach and submit a copy.

PART 2 DOCUMENTS/LISTS TO BE ATTACHED

2.1 Organization profile:

2.1.1 Please provide a list of shareholders, directors and officers specifying title, full names & identification
numbers.

2.1.2 Please disclose if any shareholder, director, officer or employee of TNM has an interest in your
organization.

2.2 Please provide an organizational chart detailing the structure of the organization showing directors, officers
and senior managers and their responsibilities. Include within this organogram the specific section responsible
for fulfilling service obligations to TNM.

2.3 Please specify the total number of employees in the organization.

2.4 Please generally describe the organization’s core business.

2.5 Please generally describe the experience and expertise your organization possesses that enable you to
effectively and efficiently perform the service that you provide to TNM.

2.6 Please provide us with the latest two years financial statements. Where however the value exceeds MWK150
Million, please provide a copy of the audited financial statements for the last three years.

2.7 Provide a copy of Certificate of Incorporation (business license) which is certified by the Commissioner of
Oaths, Company Profile, Tax Registration Certificate (certified by Commissioner of Oaths), VAT Certificates
(certified by Commissioner of Oaths), letter from the bank confirming that you have an account with them;
Bank Statements and any Reserve Banks Certification (certified by Commissioner of Oaths) and any
International Standard Organization Certificates if applicable;

2.8 Provide relevant Trade References and their contact details (including email addresses and phone numbers)

2.9 Provide the names, telephone numbers and addresses of your legal counsel (Company Lawyers).

2.10 Provide Registration Certificate with Regulatory Authority if your business requires it.

2.11 Please generally describe any affiliations with other entities i.e. other joint venture partners.

50
2.12 What type of information do you require from your supplier, prior to committing your company?

2.13 How do you verify your suppliers’ identity?

2.14 How do you secure output reports/ensure that distribution is to the correct individuals?

PART 3 CMT QUESTIONNAIRE

.1 .2 CMT Questions .3 YES .4 NO

3.1 Are any of the organisations’ shareholders, directors, officers, or senior employees
government (*) or political officials, whether at national, provincial or municipal
level, or any official in a parastatal or international organisation?

If yes please provide details as an attachment

(*) Government Official =

- Any person who receives any remuneration from public funds;
- Any person in the public service as contemplated in any relevant public
service act;
- Any functionary or official serving within, or an employee or servant of a
public body.
In the case of a public body that is registered as a corporation, any
person who is incorporated as such.

3.2 Do any of your organization’s shareholders, directors, officers or senior employees

have any family or close business relationships with any (*) government or political
official, whether at national, provincial or municipal level, or any official in a
parastatal or international organization?

If yes please provide details as an attachment

3.3 Does your organization or any of its shareholders, directors, officers or senior
employees ever offer gifts or bribes or faciltation payments to any of the above-
mentioned officials or any other official or individual to facilitate business
transactions or obtain business advantages?

If yes please provide details as an attachment

3.4 Does your organization or any of its shareholders, directors, officers or senior
employees have any affiliation to organised crime or receive or pass on the proceeds
of illicit activities through normal business channels although directly involved in
such activities?

If yes please provide details as an attachment

3.5 Has your organisation had its assets, accounts or financial transactions blocked for
actual or suspected involvement in terrorist activities or received notice that all or
any financial transactions involving the assets of your organisation or any of its
shareholders, directors or officers are to be blocked.

If yes please provide details as an attachment.

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 3.6 Has your organization or any of its shareholders, directors, officers or senior
employees ever been officially listed by any organization, body or country as being
involved in terrorist activities?

If yes please provide details as an attachment.

3.7 Has your organisation or any of its shareholders, directors, officers or senior
employees ever been the subject of public allegations, under investigation, charged,
prosecuted, or convicted, or had your/its/their assets seized, blocked, frozen or
ordered forfeit or has a judgment entered against you/it/them in respect of any
national, foreign or international law relating to any of the following:
3.6.1 Money laundering
3.6.2 Financial crime
3.6.3 Corruption
3.6.4 Bribery
3.6.5 Terrorism
3.6.6 Any other economic offence
If yes, please provide details as an attachment

3.8 Is your organisation, any predecessor to your organisation or any member of your
organisation currently a party to any major litigation that is in progress?
If yes please provide details as an attachment.

3.9 Has your organisation, any predecessor to your organisation, or any member of your
organisation within the last three years been a party to any major litigation directly or
indirectly related to the conduct of your business?
If yes please provide details as an attachment

3.10 Has your organisation, any predecessor to your organisation or any member of your
organisation within the last three years been the subject of any disciplinary action by
a court, professional body or regulatory agency?

3.11 If your organization retains subcontractors, dealers or sub-dealers, agents or

representatives to assist in providing services to TNM, will you or have you
performed adequate due diligence with respect to them in respect of normal
commercial, as well as anti-corruption, anti-money laundering, and anti-terrorism,
matters?
3.12 Does your organisation have an existing internal compliance programme that
addresses the prevention of corruption, money laundering and terrorism?
If yes, kindly furnish us with high level description of its nature and effectiveness as
an attachment or direct us to a website where that can be found. Please indicate
whether the programme includes an education and training program in respect of
governance generally and CMT in particular.
3.13 Do you have a compliance officer?

I hereby declare and warrant that all information furnished in this document, including all supporting documents is
true and correct in every respect, in that TNM may rely upon it. I am furthermore duly authorized to provide
information reflected in this document.

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Name _____________________________________________________________

Designation_________________________________________________________

Signature___________________________________________________________

Signed on this _____________ day of ____________________ 20___________________.

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