REPÚBLICA DEL PERÚ - Web viewPublic Tender to transfer to the private sector the...

REPUBLIC OF PERU

AGENCY FOR PROMOTION OF PRIVATE INVESTMENT

BID TERMS

PUBLIC TENDER

PROCESS OF PROMOTION OF PRIVATE INVESTMENT FOR EXECUTION OF PROJECTS:

“Broadband Installation for Comprehensive Connectivity and Social Development of Tumbes Region”

“Broadband Installation for Comprehensive Connectivity and Social Development of Piura Region”

“Broadband Installation for Comprehensive Connectivity and Social Development of Cajamarca Region”

“Broadband Installation for Comprehensive Connectivity and Social Development of Cusco Region”

ProInversión COMMITTEE in ENERGY AND HYDROCARBONS PROJECTS– PRO CONECTIVIDAD

….. . . . . 2015

Important notice: This is an unofficial translation. In case of divergence between the English and Spanish text, the version in Spanish shall prevail

CONTENT

1. PURPOSE AND CHARACTERISTICS OF THE TENDER.......................................61.1. Call....................................................................................................................61.2. Purpose of the Tender......................................................................................61.3. Definitions.........................................................................................................61.4. Legal Framework of tender.............................................................................191.5. Powers of the Committee and ProInversión...................................................231.6. Project financing contract................................................................................241.7. Tender Schedule.............................................................................................241.8. Interpretation and references..........................................................................241.9. Considerations that govern the tender ………………………………………. …25

2. PARTICIPATION FEE, AUTHORIZED AGENTS AND LEGAL REPRESENTATIVES OF BIDDERS...........................................................................................................252.1. Participation Fee.............................................................................................252.2. Assignment of Participation Fee.....................................................................262.3. Authorized Agents...........................................................................................26

2.3.1. Designation of Authorized Agents..........................................................262.3.2. Designation Letter..................................................................................262.3.3. Powers granted to Authorized Agents....................................................272.3.4. Information of Authorized Agents...........................................................272.3.5. Notifications............................................................................................272.3.6. Replacement..........................................................................................28

2.4. Legal Representative......................................................................................282.4.1. Designation and Powers........................................................................282.4.2. Presentation of Power of Legal Representative.....................................292.4.3. Place and Formalities for Granting of Power.........................................292.4.4. Registrations in the Registry Office........................................................30

3. INQUIRIES AND INFORMATION...........................................................................303.1. Inquiries about the Bid Terms and Suggestions to the Draft Contract............30

3.1.1. Term to make inquiries and suggestions...............................................303.1.2. Formality of inquiries and replies...........................................................303.1.3. Circulars.................................................................................................32

3.2. Access to information – Data Room...............................................................333.2.1. Access to Data Room............................................................................333.2.2. Non-Disclosure Agreement....................................................................333.2.3. Content of information of Data Room.....................................................33

3.3. Request of Interviews.....................................................................................343.4. Limitations of Liability......................................................................................34

3.4.1. Independent decision of Bidders............................................................343.4.2. Limitation of Liability...............................................................................353.4.3. Scope of Limitation of Liability................................................................353.4.4. Acceptance of Bidder of the provisions of Section 3.4...........................35

4. SUBMISSION OF ENVELOPES.............................................................................364.1. Submission of Envelopes................................................................................36

4.1.1. Submission of documents for shortlisting...............................................364.1.2. Submission of Envelopes N° 2 and N° 3................................................36

4.2. Language........................................................................................................364.3. Original documents and copies.......................................................................364.4. Form of submission of Envelopes Nº 1, Nº 2 and Nº 3...................................37

Public Tender to transfer to the private sector the implementation of projects: "Broadband Installation for Comprehensive Connectivity and Social Development of Regions Tumbes, Piura, Cajamarca and Cusco"

4.5. Cost of Preparation and Submission..............................................................374.6. Effects of Submission of documents and binding character of these Bid Terms

........................................................................................................................37

5. CONTENT OF ENVELOPE N° 1: REQUIREMENTS FOR SHORTLISTING.........385.1. General Information........................................................................................395.2. Shortlisting Requirements...............................................................................39

5.2.1. Technical Requirements........................................................................395.2.2. Financial Requirements.........................................................................405.2.4. Legal Requirements...............................................................................42

5.3. Submission of information...............................................................................455.4. Conversion of figures......................................................................................455.5. Simplification mechanism...............................................................................45

6. SUBMISSION OF CONTENT OF ENVELOPE Nº 1 AND SHORTLISTING RESULTS................................................................................................................466.1. Submission of Envelope Nº 1..........................................................................466.2. Announcement of Shortlisted Bidders and changes of consortia...................47

7. CONTENT OF ENVELOPES Nº 2 AND Nº 3..........................................................477.1. Content of Envelope Nº 2: Technical Proposal...............................................487.2. Content of Envelope Nº 3: Economic Proposal..............................................50

8. ACT OF RECEPTION OF ENVELOPES Nº 2 AND Nº 3, OPENING AND ASSESSMENT OF ENVELOPES Nº 2...................................................................518.1. Act of Reception of Envelopes Nº 2 and Nº 3 and Opening of Envelopes Nº 2518.2. Assessment of content of Envelope Nº 2........................................................51

9. OPENING OF ENVELOPES Nº 3 AND AWARD....................................................539.1. Act of Opening of Envelopes Nº 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .539.2. Procedure of Assessment and Competence Factors.....................................539.3. Award..............................................................................................................609.4. Challenge .......................................................................................................619.5. Not Awarded Bid….. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . …… . . . . . . . . . . 629.6. Suspension or cancellation of Bid…………. . . . . . . . . . . . . . . . . . . .. . . . . . .. 63

10. CONTRACTED........................................................................................................6310.1. Constitution.....................................................................................................6310.2. Requirements of legal person of contracted...................................................63

11. CLOSING PROCEDURE.........................................................................................6411.1. Verification of Legal Requirements.................................................................6411.2. Closing Date....................................................................................................6511.3. Closing Acts …................................................................................................6511.4. Performance Bond of the Financing Contract.................................................6711.5. Execution of Guarantee of Validity, Effectiveness and Seriousness of Proposal

........................................................................................................................6711.6. Guarantee Advancement................................................................................6811.7. Entry into Force of Financing Contract...........................................................68

12. FINAL PROVISIONS...............................................................................................6812.1. Applicable Laws..............................................................................................6812.2. Jurisdiction and Competence..........................................................................68


ANNEXES OF THE BID TERMS

ANNEX Nº 1NON DISCLOSURE AGREEMENT

ANNEX Nº 2Appendix Nº 1: INTERNATIONAL FINANCIAL ENTITIES Appendix Nº 2: LOCAL BANKING COMPANIES AND LOCAL INSURANCE

COMPANIES

ANNEX Nº 3: CONTENT OF ENVELOPE Nº 1Form Nº 1: Affidavit Commitment of reliable information Form Nº 2: Letter of presentation of technical requirements for shortlisting Form Nº 3: Letter of presentation of financial information for shortlisting Form Nº 4: Affidavit of legal person incorporated and in force Form Nº 5: Affidavit in case of CONSORTIUMForm Nº 6: Affidavit of percentages of participation Form Nº 7: Affidavit of acquisition of participation fee indirectly Form Nº 8: Affidavit to be enabled to contract with the State Form Nº 9: Affidavit of waiver to diplomatic immunity or claim Form Nº 10: Affidavit of advisors of Bidder Form Nº 11: Affidavit of no participation in another BIDDER in the same

PROJECT Form Nº 12: Affidavit of no participation in another BIDDER in the same

PROJECT (applicable for corporations that have listed their shares in the Stock Exchange)

Form Nº 13: Affidavit of verification of availability of radio electric spectrum Form Nº 14: Affidavit of commitment of incorporation in case of consortium Form Nº 15: Affidavit in case of having applied the simplification mechanism

ANNEX Nº 4: CONTENT OF ENVELOPE Nº 2Form Nº 1: Affidavit of information effectiveness Form Nº 2: Model of GUARANTEE OF VALIDITY, EFFECTIVENESS AND

SERIOUSNESS OF THE PROPOSALForm Nº 3: Summary of TECHNICAL SPECIFICATIONS of the

TRANSPORTATION NETWORK and the NETWORK OF ACCESS OF THE PROJECT

Form Nº 4: Replies to the TECHNICAL SPECIFICATIONS of the NETWORK OF ACCESS and the TRANSPORTATION NETWORK

Form Nº 5: Referential Program of Maintenance of the NETWORK OF ACCESS OF THE PROJECT

Form Nº 6: Affidavit that the equipment installed of the PROJECT will be new Form N° 7. AFFIDAVIT for not exceeding the time of INSTALLATION STAGE OF

THE PROJECT

ANNEX Nº 5: CONTENT OF ENVELOPE Nº 3Form N° 1: Letter of presentation of Economic Proposal

ANNEX Nº 6Model of Letter of Guarantee of Challenge of the Award


ANNEX Nº 7Guide of Users of DATA ROOM Form Nº 1: Identification of persons authorized to use the DATA ROOM and

Table of data and stay in DATA ROOM Form Nº 2: Request of multiple services of DATA ROOM Form Nº 3: Request of technical inquiries of DATA ROOM Appendix N° 1: List of documents of DATA ROOM

ANNEX Nº 8TECHNICAL SPECIFICATIONS A. TRANSPORTATION NETWORKB. ACCESS NETWORK

ANNEX Nº 09BID SCHEDULE

ANNEX Nº 10Model of PERFORMANCE BOND OF FINANCING CONTRACT

ANNEX Nº 11Model of GUARANTEE OF ADVANCEMENT

ANNEX Nº 12Form Nº 1: AFFIDAVIT on the CLOSING DATE Form Nº 2: AFFIDAVIT ON THE CLOSING DATE Form Nº 3: AFFIDAVIT ON THE CLOSING DATE

ANNEX Nº 13FINANCING CONTRACT


1. PURPOSE AND CHARACTERISTICS OF THE TENDER

1.1. Call

The Investment in Telecommunications Fund –FITEL.-through the Private Investment Promotion Agency - ProInversión, announces the public tender to transfer to the private sector the implementation of projects: "Broadband Installation for Comprehensive Connectivity and Social Development of the Tumbes Region"," Broadband Installation for Comprehensive Connectivity and Social Development and the Piura Region, ""Broadband Installation for Comprehensive Connectivity and Social Development of the Cajamarca Region" and "Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region. "

All persons, or consortium or consortia (duly represented by the common legal representative) may participate in this tender, provided they meet the requirements of these Bid Terms.

1.2. Purpose of the Tender

The tender aims to select legal entities or consortia that will be awarded resources from FITEL in the form of non-reimbursable financing to implement the projects: "Broadband Installation for Comprehensive Connectivity and Social Development of the Tumbes Region", "Broadband Installation for Comprehensive Connectivity and Social Development for the Piura Region," "Broadband Installation for Comprehensive Connectivity and Social Development for the Cajamarca Region" and "Broadband Installation for Comprehensive Connectivity and Social Development in the Cusco Region".

Optimizing the implementation of projects: "Broadband Installation for Comprehensive Connectivity and Social Development for Tumbes Region" and "Broadband Installation for Comprehensive Connectivity and Social Development for Piura Region," adds as objective of the tender to select one awardee for both undertakings (hereinafter "Broadband Installation for Comprehensive Connectivity and Social Development for the Tumbes Region - Piura" or Tumbes-Piura project).

The awardees will be in charge of the design, construction and transfer to the Peruvian State of the TRANSPORTATION NETWORKS of the awarded projects, and the design, construction, maintenance and operation of the ACCESS NETWORKS of the mentioned projects.

1.3. Definitions

The Bidders to this tender should consider that the definitions and in general the content of these Bid Terms, unless expressly stated otherwise, are applicable for any of the projects: "Broadband Installation for Comprehensive Connectivity and Social Development of the Cajamarca Region," "Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region" and "Broadband Installation for Comprehensive Connectivity and Social Development of the Tumbes-Piura Region.”


The terms defined in this Section shall mean the same if they are used in plural.

Any reference made in this document to “Section”, "Point", "Form" and "Annex", shall be understood made to sections, points, forms and annexes of these BID TERMS respectively, unless express indication in different sense.

All time references should be understood made to the local hour of Peru.

1.3.1. MINUTES OF AWARD OF ASSETS OF THE ACCESS NETWORK: It is the document prepared by the FITEL whereby the CONTRACTED transfers ownership of the assets of the access network to FITEL, at the CLOSING of the FINANCING CONTRACT or when any of the circumstances set out in the financing contract occurs. The right to property includes the ground, underground and over ground according to the statement made by the Peruvian Civil Code. This document will be signed by the contracted and the FITEL.

1.3.2. MINUTES OF AWARD OF ASSETS OF THE TRANSPORTATION NETWORK: is the document prepared by the FITEL whereby the CONTRACTED transfers to the MTC, the ownership and domain of the ASSETS OF THE TRANSPORTATION NETWORK, once the concession contract is subscribed between the MTC and the concessionaire of the operation of the TRANSPORTATION NETWORK or when any of the assumptions established in the FINANCING CONTRACT is produced. The right of property includes the ground, underground and over ground according to the statement made by the Peruvian Civil Code. The minutes will be subscribed between the CONTRACTED and FITEL, that will subscribe it in representation of the MTC.

1.3.3. MINUTES OF CONFORMITY OF INSTALLATION AND TEST OF SERVICES OF THE ACCESS NETWORK: Is the document prepared by the FITEL and subscribed between the CONTRACTED and the FITEL whereby the first accepts the results indicated in the REPORT OF SUPERVISION OF THE ACCESS NETWORK, corresponding to the installations made. Likewise, with the subscription of this document is credited the compliance of the conditions established in the TECHNICAL SPECIFICATIONS, corresponding to the ACCESS NETWORK. The model of said minutes is shown in Appendix N° 4 of Annex N° 8-B of the BID TERMS and may be modified and is FITEL the entity that will finally determine its final content.

1.3.4. MINUTES OF CONFORMITY OF INSTALLATION AND TEST OF SERVICES OF THE TRANSPORTATION NETWORK: Is the document prepared by the FITEL and subscribed between the CONTRACTED and the FITEL whereby the first accepts the results indicated in the REPORT OF SUPERVISION OF THE TRANSPORTATION NETWORK, corresponding to the installations made. Likewise, through this document is credited the compliance of the conditions established in the TECHNICAL SPECIFICATIONS corresponding to the total of the TRANSPORTATION NETWORK. The model of said minutes is shown in Appendix N°5 of Annex N° 8-A of the BID TERMS and may be modified, and is FITEL the entity that will finally determine its final content

1.3.5. MINUTES OF INSTALLATIONS OF THE ACCESS NETWORK: Is the document with AFFIDAVIT nature that indicates and credits the compliance of the installation and operation of all the infrastructure, equipment, hardware, software and others necessary to provide access to Intranet offered by the ACCESS NETWORK. The model of minutes is shown in Appendix N° 2 of Annex N° 8-B of


the BID TERMS, and may be modified, and is FITEL the entity that will define its final content. Said minutes will be subscribed by the CONTRACTED.

1.3.6. MINUTES OF INSTALLATION OF THE TRANSPORTATION NETWORK: Is the document that indicates and credits the compliance of the installation and operation of the components of the TRANSPORTATION NETWORK. Is prepared by the CONTRACTED, according to the Model of Minutes that is submitted in Appendix N° 7 of Annex N° 8-A, for each node, and each section of optical fiber (link for pair of nodes), and for the Center of Operations of the Network (NOC) and CENTER OF MAINTENANCE. THE MINUTES OF INSTALLATION OF THE TRANSPORTATION NETWORK is subscribed by the CONTRACTED and is an AFFIDAVIT.

1.3.7. NON DISCLOSURE AGREEMENT: Is the commitment that each BIDDER must sign before using the DATA ROOM, through its AUTHORIZED AGENTS or the common LEGAL REPRESENTATIVE in case of CONSORTIUM or persons appointed by the BIDDER. The text of the NON DISCLOSURE AGREEMENT is in Annex Nº 1 of the BID TERMS.

1.3.8. AWARDEE: is the SUITABLE BIDDER who obtained the BID AWARD.

1.3.9. GRANTING OF AWARD: Is the declaration that shall make the COMMITTEE determining the SUITABLE BIDDER who has submitted the BEST PROPOSAL according to the terms and conditions established in the BID TERMS and who has resulted the winner of the tender.

1.3.10. AUTHORIZED AGENTS: Are the natural persons appointed as such by the BIDDER for purposes of this bid.

1.3.11. BID TERMS: Is this document, including its annexes, forms, appendices and CIRCULARS issued by the COMMITTEE, fixing the terms under which the bid will be developed.

1.3.12. ASSETS OF THE ACCESS NETWORK: Are the assets conformed by the metallic structures, self-supporting towers, foundation bases and the lot where these structures are grounded and any PASSIVE ELEMENT that conforms the nodes of the ACCESS NETWORK and that will be of ownership and domain of the FITEL after the subscription of the MINUTES OF AWARD OF THE ASSETS OF THE ACCESS NETWORK. The active equipment will be of property and domain of the CONTRACTED.

1.3.13. ASSETS OF THE TRANSPORTATION NETWORK: They are all real or personal property that make up the TRANSPORTATION NETWORK in accordance with the provisions of the TECHNICAL SPECIFICATIONS of the TRANSPORTATION NETWORK. These assets will be owned of the MTC after the signing of the MINUTES OF AWARD OF THE ASSETS OF THE TRANSPORTATION NETWORK between the contracted and the FITEL, who will sign the minutes on behalf of the MTC.

1.3.14. TRAINING: It is the set of activities of teaching and learning that should perform the CONTRACTED with the fundamental objective of providing students, local authorities and personnel of the MANDATORY PAID INSTITUTIONS of beneficiary localities with access to Internet and/or Intranet, knowledge of the


hardware, software, implementation and running and productive use of the Internet.

1.3.15. MAINTENANCE CENTER: Is the physical place where the preventive and corrective maintenance events will be attended of the TRANSPORTATION NETWORK.

1.3.16. CIRCULAR: They are all directives issued in writing by the COMMITTEE, whether specific or general purposes, in order to complete, clarify, specify, interpret or modify the contents of the BID TERMS, of another CIRCULAR or answering inquiries made by those who are authorized to it according to these BID TERMS. The CIRCULARS form an integral part of the BID TERMS.

1.3.17. COMMITTEE: Is the ProInversión Committee in Projects of Energy and Hydrocarbons - PRO CONECTIVIDAD, constituted through Supreme Resolution Nº 025-2015-EF dated May 20, 2015 and responsible for the execution and development of this bid.

1.3.18. BID: It is the competition process regulated by these BID TERMS to select PEOPLE or CONSORTIA to which are awarded the not refundable financings granted by the FITEL to implement the projects: "Broadband Installation for Comprehensive Connectivity and Social Development of the Cajamarca Region" "Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region" or "Broadband Installation for Comprehensive Connectivity and Social Development of the Piura Tumbes Region".

1.3.19. CONSORTIUM: It is the grouping of two or more people without independent legal status to that of its members and has been formed in order to participate as a BIDDER in this bid. The CONSORTIUM must necessarily include a member who meets the technical qualification requirements. Members of a CONSORTIUM may not participate in another CONSORTIUM for a same project of the bid.

1.3.20. CAPACITY BUILDING: It is the set of processes whose purpose is to promote the adoption and use of telecommunication services and access to Internet and Intranet by the population of the BENEFICIARY COMMUNITIES, and the use of information technologies so that they become a tool for local development. The processes that conform it are: (i) AWARENESS and DISSEMINATION, (ii) TRAINING and (iii) CONTENT DEVELOPMENT in the BENEFICIARY LOCALITIES, as appropriate.

1.3.21. CONTRACTED: is the legal person of the bid with whom FITEL subscribes the FINANCING CONTRACT and is responsible for executing the AWARDED PROJECT.

1.3.22. CONTRACTOR: Is the MANDATORY PAID INSTITUTION and the additional PERSONS who shall subscribe with the CONTRACTED a contract for the provision of access to Internet or access to Intranet.

1.3.23. FINANCING CONTRACT: is the patrimonial legal relationship entered by FITEL and the CONTRACTED, which purpose is to regulate:


a) The installation of the TRANSPORTATION NETWORK and the ACCESS NETWORK according to the corresponding TECHNICAL SPECIFICATIONS;

b) The operation, maintenance and transfer of the PASSIVE ELEMENTS of the ACCESS NETWORK according to the TECHNICAL SPECIFICATIONS;

c) The execution of the CAPACITY BUILDING; d) The compliance of the Technical Proposal of the CONTRACTED;e) The use of the AWARDED FINANCING for the execution of the AWARDED

PROJECT; andf) The disbursement of the AWARDED FINANCING to the CONTRACTED by

the FITEL.

1.3.24. EFFECTIVE CONTROL: It is understood that a natural or legal person holds effective control of a legal person or is under common control with it when: (i) owns, directly or indirectly, more than fifty percent (50%) of its voting share capital; (ii) has, directly or indirectly, a representation in its board or equivalent body higher than fifty percent (50%) of its members; or (iii) by any mechanism or circumstances (contractual or not) controls the power of decision to the other company effectively.

1.3.25. CPE (Customer Premises Equipment): Is the equipment or connection device or interface that allows the terminal device of the CONTRACTOR to access the ACCESS NETWORK of the CONTRACTED to use the contracted services.

1.3.26. SCHEDULE: is the temporary sequence of activities that are developed during this bid, according to the provisions set forth in Section 1.7. and that are indicated in Annex Nº 9 of the BID TERMS.

1.3.27. FINAL SCHEDULE OF ACTIVITIES OF THE TRANSPORTATION NETWORK: Is the Schedule that details the temporary planning of the implementation of the TRANSPORTATION NETWORK, according to the request made in Annex N° 8-A of the BID TERMS. This document is prepared by the CONTRACTED, is an AFFIDAVIT and is approved by the Technical Secretariat of FITEL, before its use.

1.3.28. FINAL SCHEDULE OF ACTIVITIES OF THE ACCESS NETWORK: Is the Gantt diagram of activities and compliance of milestones that the CONTRACTED must perform during the PERIOD OF INVESTMENT of the ACCESS NETWORK. This document is prepared by the CONTRACTED, with weekly breakdown, has AFFIDAVIT nature and approved by the Technical Secretariat of FITEL, before its use. The FINAL SCHEDULE OF ACTIVITIES OF THE ACCESS NETWORK is an Annex of the FINANCING CONTRACT.

1.3.29. AFFIDAVIT: is the written declaration submitted by the BIDDER, in which it declares or assumes a commitment that is assumed to be true for purposes of this bid, without prejudice of later control.

1.3.30. PARTICIPATION FEE: It is the faculty that acquires its holder to participate in the bid. It is obtained by the respective payment to ProInversión and is credited with proof of payment provided by ProInversión.

1.3.31. DAYS: Shall be understood calendar days (working and non working days and holidays), unless otherwise expressly provided.


1.3.32. BUSINESS DAYS: It should be understood the days other than Saturday, Sunday or non-working holiday in the city of Lima (including non-working days for public administration). Also are understood as holidays the regional holidays established by the competent authority of the Regions of Cajamarca, Cusco, Piura and Tumbes accordingly.

1.3.33. DOLLAR OR AMERICAN DOLLAR OR US$: Is the currency or monetary sign of legal tender in the United States of America and the currency used for all purposes in this bid.

1.3.34. PREPARATION OF CONTENTS: It is the set of activities to be performed by the CONTRACTED designed to implement and manage the platform (hardware and software) necessary for the development and implementation of all the portals and applications, as well as the contents specified in the TECHNICAL SPECIFICATIONS of the ACCESS NETWORK and maintain them during the term of the FINANCING CONTRACT.

1.3.35. PASSIVE ELEMENT: It is based on civil works (posts, perimeter fences, buildings such as equipment room and wheelhouse engine, foundations, crockery, among others), metallic structures (metal fences, towers including its hardware, cabinets or racks, shelter, wardrobe, fuel tanks), physical security elements (bellows, electronic access devices, intelligent alarm, contact and motion sensors, video surveillance network, gates, locks, smoke detectors, etc.), equipment security elements (earthing system, light buoys, lightning rods, electrical protection systems, air-conditioning system, etc.), energy elements (control boards, wiring, transformers, transfer boards).

1.3.36. AFFILIATED COMPANY: A company will be considered affiliated of another company when the EFFECTIVE CONTROL of said companies are under a same PARENT COMPANY or a SUBSIDIARY COMPANY.

1.3.37. LOCAL BANKING COMPANY OR LOCAL INSURANCE COMPANY: are those companies defined according to Law N° 26702, General Law of the Financial System and the Insurance System and Organic of the Superintendence of Banking, Insurance and AFP, referred in Appendix Nº 2 of Annex Nº 2 of the BID TERMS, authorized to issue guarantees for purposes of this bid.

1.3.38. PARENT COMPANY: It is an enterprise that, alone or together with another owns the effective control of another company. Also it considered in this definition the company that has effective control of a PARENT COMPANY, as it has been defined, and so on.

1.3.39. SUBSIDIARY COMPANY: is the company whose EFFECTIVE CONTROL is under a PARENT COMPANY. Also is considered in this definition the company which effective control is under a SUBSIDIARY COMPANY, as it has been defined, and so on.

1.3.40. RELATED COMPANY:Are jointly, and each other, the Affiliated Company, the Parent Company and the Subsidiary Company.


1.3.41. INTERNATIONAL FINANCIAL ENTITIES: Are the financial entities that are included in Appendix Nº 1 of Annex Nº 2 of the BID TERMS, authorized to issue guarantees for purposes of this bid according to the provisions set forth in these BID TERMS.

1.3.42. TECHNICAL SPECIFICATIONS: Are the minimum requirements that must comply the SHORTLISTED BIDDER in its TECHNICAL PROPOSAL of the PROJECT, and, the main characteristics of the services that FITEL requires to be provided by the CONTRACTED. Are included in Annex Nº 8 of these BID TERMS. These include the Technical Specifications of the TRANSPORTATION NETWORK and the ACCESS NETWORK.

1.3.43. FIELD STUDY: is the document that contains the result of the visits and verification in situ of the geographical and technical conditions for the installation of the ACCESS NETWORK.

1.3.44. ENGINEERING STUDIES: is the document of detailed information of all the technical parameters of the ACCESS NETWORK provided to attend the BENEFICIARY LOCALITIES of the AWARDED PROJECT.

1.3.45. INSTALLATION STAGE: t is the time in which the CONTRACTED deployed infrastructure, equipment and other elements of the ACCESS NETWORK and TRANSPORTATION NETWORK fulfilling the provisions of the TECHNICAL SPECIFICATIONS. The deadline for completing this stage is that indicated in the TECHNICAL PROPOSAL, which for CUSCO PROJECT and Piura and Tumbes PROJECT will exceed twelve (12) months from the CLOSING DATE, and for the CAJAMARCA project will not be greater than fifteen (15) months from the CLOSING DATE.

1.3.46. CLOSING DATE: Is the day, place and hour when the acts shall be carried out established in Section 11.3. of the BID TERMS.

1.3.47. FITEL:Is the investment fund in telecommunications, created by Law Nº 28900, which granted the status of legal person of public law, attached to the Transportation and Communications sector.

1.3.48. FUNDING AWARDED: It is the value of FINANCING THE TRANSPORTATION NETWORK and FINANCING THE ACCESS NETWORK corresponding to the AWARDED PROJECT, as provided in the TECHNICAL PROPOSAL in accordance with the TECHNICAL SPECIFICATIONS. It includes all applicable taxes and contributions to the MTC, Osiptel, FITEL (which are established in the TUO of the Telecommunications Act approved by Supreme Decree No. 013-93-TCC, in the TUO of the General Regulations of the Telecommunications Act, approved by Supreme Decree No. 020-2007-MTC, as amended, such as commercial fee for service operation and the contribution to FITEL, as well as the contribution by regulation to OSIPTEL established in Law No. 27332 in accordance with Supreme Decree No. 103-2003-PCM and Supreme Decree No. 012-2002-PCM, as amended or regulations that substitute it)

1.3.49. MAXIMUM FINANCING OF THE PROJECT: It is the maximum non refundable value of the funding that FITEL has available for the project implementation.This value is equal to the sum of the maximum financing of the TRANSPORTATION NETWORK, understood as the maximum value of non


refundable funding that has FITEL for the implementation of the TRANSPORTATION NETWORK; and the maximum financing of the ACCESS NETWORK, understood as the maximum value of non refundable funding that has FITEL for the implementation of the ACCESS NETWORK.

1.3.50. FINANCING THE ACCESS NETWORK: It is the not refundable value recorded in the EONOMIC PROPOSAL of the AWARDEE, expressed in AMERICAN DOLLARS and that FITEL must give to the CONTRACTED as part of its obligations, as stipulated in the FINANCING CONTRACT. It includes the necessary financing for the CONTRACTED may acquire, install, operate and maintain the ACCESS NETWORK of the AWARDED PROJECT and execute the CAPACITY BUILDING, providing all the services involved in the TECHNICAL PROPOSAL in accordance with the TECHNICAL SPECIFICATIONS. Incorporates all applicable taxes and contributions and contributions to the MTC, Osiptel and FITEL (which are established in the TUO of the Telecommunications Act approved by Supreme Decree No. 020-2007-MTC, as amended, such as the rate for commercial service operation and the contribution to FITEL, as well as the contribution by regulation to OSIPTEL established in Law No. 27332 in accordance with Supreme Decree No. 103-2003-PCM and Supreme Decree No. 012-2002-PCM , as amended or regulations that substitute it).

1.3.51. FINANCING OF THE TRANSPORTATION NETWORK: It is the not refundable value recorded in the ECONOMIC PROPOSAL of the AWARDEE, expressed in AMERICAN DOLLARS and that FITEL must give the CONTRACTED as part of its obligations, as stipulated in the FINANCING CONTRACT. It includes the necessary funding for the CONTRACTED purchases and installs the TRANSPORTATION NETWORK in accordance with the TECHNICAL SPECIFICATIONS. It includes all taxes of law and contributions to the MTC, Osiptel, FITEL (which are established in the TUO of the Telecommunications Act approved by Supreme Decree No. 013-93-TCC in the TUO of the Regulation of the General Telecommunications Law, approved by Supreme Decree No. 020-2007-MTC, as amended, such as commercial fee for service operation and the contribution to FITEL and the contribution for regulation to OSIPTEL established in Law 27332 in accordance with Supreme Decree No. 103-2003-PCM and Supreme Decree No. 012-2002-PCM, as amended or regulations that substitute it).

1.3.52. GUARANTEE OF ADVANCEMENT: It is the joint, unconditional, irrevocable bond without benefit of excussio or division and of automatically enforceable in favor of the FITEL that the CONTRACTED shall deliver on the CLOSING DATE, in order to support the proper use of the first disbursement to the CONTRACTED. It must be issued by any of the entities specified in the BID TERMS, under the conditions set out in Section 11.6. and following the format of Annex No. 11 of the BID TERMS.

1.3.53. GUARANTEE OF VALIDITY, EFFECTIVENESS AND SERIOUSNESS OF THE PROPOSAL: It is the guarantee obtained by the SHORTLISTED BIDDER in favor of ProInversión to ensure the validity, effectiveness and seriousness of the proposal, according to the model attached as Form No. 2 of Annex No. 4 and that should be issued by any of the entities identified on the BID TERMS. The presentation of two (02) or more bonds which together meet the total amount


required and also meet individually all other requirements of the guidelines will be accepted.

1.3.54. PERFORMANCE BOND OF THE FINANCING CONTRACT: Is the joint, unconditional, irrevocable guarantee without benefit of excussio or division, and automatically enforceable in favor of FITEL that the CONTRACTED must submit on the CLOSING DATE, in order to support compliance with the obligations under the FINANCING CONTRACT. It must be issued by any of the entities specified in the BID TERMS, under the conditions set out in Section 11.4. and following the format of Annex No. 10 of the BID TERMS.

1.3.55. PROCESS EXPENSES: Are the expenses incurred by ProInversión for contracting studies, consulting services and other expenses necessary for the implementation of the bid until its completion, which will be reimbursed to ProInversión by the AWARDEES equally, no later than the CLOSING DATE.

1.3.56. SUPERVISION REPORT OF THE ACCESS NETWORK: It is the document prepared and signed by the SUPERVISOR during the INVESTMENT PERIOD and the PERIOD OF OPERATION, in which are recorded the activities, results and observations of the SUPERVISION of the installation and operation of the ACCESS NETWORK and the timeliness, quality, quantity, continuity and other characteristics of the services installed in the BENEFICIARY LOCALITIES.

1.3.57. SUPERVISION REPORT OF THE TRANSPORTATION NETWORK: Is the document that contains the results of the SUPERVISION of the TRANSPORTATION NETWORK performed by the FITEL to the CONTRACTED.

1.3.58. MANDATORY PAID INSTITUTION: Is the public institution listed in Annex Nº 8-B of the BID TERMS, whereby the CONTRACTED is obliged to install the necessary equipment and provide the services of the AWARDED PROJECT during the effectiveness of the FINANCING CONTRACT.

1.3.59. APPLICABLE LAWS: Are the regulations indicated in Section 1.4. of the BID TERMS, including its amendments, replacing regulations and any other that according to the legislation of Peru is applicable.

1.3.60. LIBOR: is the London Interbank Offered Rate at one hundred and eighty (180) days reported by Reuters at the closing hour of London.

1.3.61. BENEFICIARY LOCALITIES: Are the localities where the CONTRACTED, must install, operate and maintain the services offered in the AWARDED PROJECT according to the terms established in the FINANCING CONTRACT.

1.3.62. BEST PROPOSAL: Is the proposal of any of the SUITABLE BIDDERS that reaches the highest final score according to Section 9.2 of the BID TERMS.

1.3.63. ACCESS MODULE: Is the minimum equipment that the CONTRACTED must install in each MANDATORY PAID INSTITUTION, which shall guarantee the access to Internet and/or Intranet for said institutions.

1.3.64. MTC: Is the Ministry of Transportation and Communications.


1.3.65. LEVELS OF SERVICE: Service Level Agreement - SLA, are the requirements of quality and conditions of continuity defined in Annex N° 8-A of the BID TERMS.

1.3.66. NMS: Is the System of Administration and Management of the ACCESS NETWORK (from the acronym in English Network Management System).

1.3.67. APPLICABLE RULES: It is the set of laws that directly or indirectly affect the FINANCING CONTRACT. They include the Constitution of Peru, the laws, regulations with force of law, the supreme decrees, regulations, directives and resolutions, as well as any other that under the legal system of the Republic of Peru, is applicable, which will be mandatory for this BID. Also they include any modifications that such rules or regulations might have.

1.3.68. 1.3.68. OBSERVATION: It is the failure, malfunction, defect of the ASSETS OF THE TRANSPORTATION NETWORK or equipment that is part of the TRANSPORTATION NETWORK, or the assets of the ACCESS NETWORK or equipment that are part of the ACCESS NETOWRK; as well as breach of any of the contractual obligations of the CONTRACTED, stipulated in the FINANCING CONTRACT, which shall be recorded by FITEL in the SUPERVISION REPORT OF THE TRANSPORTATION NETWORK and in the SUPERVISION REPORT OF THE ACCESS NETWORK, as appropriate.

1.3.69. OPERATOR: It is the company that has the expertise and technical skills to operate and maintain the ACCESS NETWORK and provide public telecommunications services and Internet and Intranet under the AWARDED PROJECT. The OPERATOR is the person who must prove the technical requirements stipulated in the BID TERMS, in accordance with the provisions in Section 5.2 of the BID TERMS. If the BIDDER is not a CONSORTIUM, it is understood that the OPERATOR is also the BIDDER.

1.3.70. OSIPTEL: is the supervising organism of private investment in telecommunications.

1.3.71. MINIMUM PARTICIPATION: Is the minimum percentage of participation in the share capital subscribed and paid, with right to vote, that the OPERATOR must maintain in the CONTRACTED during the effectiveness of the FINANCING CONTRACT. Said minimum percentage is equivalent to twenty five per cent (25%) of the subscribed share capital.

1.3.72. INVESTMENT PERIOD OF THE ACCESS NETWORK: Is the period that comprises the activities included in the INSTALLATION STAGE, and the supervision activities to provide conformity tot he installations performed, included in the TECHNICAL SPECIFICATIONS of the ACCESS NETWORK; culminating with the subscription of the MINUTES OF CONFORMITY OF INSTALLATION AND TEST OF SERVICES OF THE ACCESS NETWORK . The maximum duration of this period is fourteen (14) months counted since the CLOSING DATE for the CUSCO PROJECT and TUMBES-PIURA PROJECT, and seventeen (17) months counted since the CLOSING DATE for the CAJAMARCA PROJECT.


1.3.73. INVESTMENT PERIOD OF THE TRANSPORTATION NETWORK: Is the period that comprises the activities included in the INSTALLATION STAGE, and the supervision activities to provide the conformity to the installations performed, included in the TECHNICAL SPECIFICATIONS of the TRANSPORTATION NETWORK; culminating with the subscription of the MINUTES OF CONFORMITY OF INSTALLATION AND TEST OF SERVICES OF THE TRANSPORTATION NETWORK. The maximum duration of this period is fourteen (14) months counted since the CLOSING DATE for the CUSCO PROJECT and TUMBES-PIURA PROJECT, and seventeen (17) months counted since the CLOSING DATE for the CAJAMARCA PROJECT.

1.3.74. PERIOD OF OPERATION: Is the time of duration of one hundred and twenty (120) months counted since the following day of the culmination of the INVESTMENT PERIOD OF THE ACCESS NETWORK, in which the CONTRACTED shall operate and maintain the ACCESS NETWORK, to secure its operation and provision of services that comprises the AWARDED PROJECT. In said time will be provided the services at commercial level.

1.3.75. PERSON: Is any natural or legal person, national or foreign, that can perform legal acts and assume obligations in Peru.

1.3.76. BIDDER: Is the PERSON or CONSORTIUM that has paid the PARTICIPATION FEE in this bid and submits to it subject to the provisions set forth in these BID TERMS.

1.3.77. SHORTLISTED BIDDER:Is the BIDDER who has complied to credit the requirements established in Envelope Nº 1 in the BID TERMS and is enabled to submit Envelope Nº 2 and Envelope Nº 3.

1.3.78. SUITABLE BIDDER: Is the BIDDER whose TECHNICAL PROPOSAL and documents submitted in Envelope Nº 2 has been declared acceptable by the COMMITTEE, and i s enabled for opening its Envelope N° 3.

1.3.79. ProInversión: Is the Agency for Promotion of Private Investment– ProInversión, which COMMITTEE is in charge of the conduction of this bid according to the provisions set forth in the APPLICABLE LAWS.

1.3.80. PROPOSAL: Is the TECHNICAL PROPOSAL and the ECONOMIC PROPOSAL of the SHORTLISTED BIDDER.

1.3.81. ECONOMIC PROPOSAL: Is the proposal of each SUITABLE BIDDER, conformed by the Technical Proposal and the Economic Proposal. It will be drawn up by the SUITABLE BIDDERS in Form N° 1 of Annex N° 5 of the BID TERMS.

1.3.82. TECHNICAL PROPOSAL: Is document N° 3 that must submit each SHORTLISTED BIDDER in Envelope Nº 2, according to indications made in Section 7.1, and taking into consideration the content of Annex Nº 8, to which sections will be provided a response of compliance with the submission of Forms Nº 3 to Nº 6 of Annex Nº 4 of the BID TERMS.

1.3.83. FINAL TECHNICAL PROPOSAL: Is the document prepared by the CONTRACTED that contains the information and documentation considered for


the implementation of the TRANSPORTATION NETWORK, according to the request made in the TECHNICAL SPECIFICATIONS.

1.3.84. GENERAL TECHNICAL PROPOSAL: Is the document prepared by the CONTRACTED that contains the information submitted in the TECHNICAL PROPOSAL for the TRANSPORTATION NETWORK, with greater detail of information and documentation, according to the request made in Annex N° 8-A of the BID TERMS.

1.3.85. PROTOCOL OF TESTS: Document prepared by the CONTRACTED that contains among others, the procedures to execute to verify the correct installation and operation of the TRANSPORTATION NETWORK, according to indications made in Annex N° 8-A of the BID TERMS, and is approved by the FITEL.

1.3.86. PROTOCOL OF ACCEPTANCE TESTS OF INSTALLATIONS: Document prepared by the CONTRACTED that contains among others, the procedures to execute to verify the correct installation and operation of the services in the BENEFICIARY LOCALITIES, servers, applications, maintenance centers, attention centers to user, center of network management, datacenter, radio electric stations, among others that form part of the ACCESS NETWORK.

1.3.87. PROTOCOL OF COMMISSIONING: Document prepared by the CONTRACTED that contains among others, the procedures to execute to verify the compliance of the SERVICE LEVELS, required in Annex N° 8-A of the BID TERMS, and is approved by the FITEL.

1.3.88. AWARDED PROJECT: is the PROPOSAL OF THE SUITABLE BIDDER declared AWARDEE OF THE AWARD by the COMMITTEE.

1.3.89. DRAFT FINANCING CONTRACT: Is the document by which the BIDDERS submit their inquiries and suggestions within he terms and formalities established in Section 1.6 of the BID TERMS.

1.3.90. CAJAMARCA PROJECT: Is the project “Broadband Installation for Comprehensive Connectivity and Social Development of the Cajamarca Region”, formulated by the FITEL within the Framework of Law Nº 28900, Law Nº 29904 and other applicable regulations.

1.3.91. CUSCO PROJECT: Is the project “Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region”, formulated by the FITEL within the framework of Law Nº 28900, Law Nº 29904 and other applicable regulations.

1.3.92. TUMBES-PIURA PROJECT: Are the projects: “Broadband Installation for Comprehensive Connectivity and Social Development of Tumbes Region” and “Broadband Installation for Comprehensive Connectivity and Social Development of Piura Region”, formulated by the FITEL within the framework of Law Nº 28900, Law Nº 29904 and other applicable regulations.

1.3.93. PROJECT: referred indistinctly to the CAJAMARCA PROJECT or CUSCO PROJECT or TUMBES-PIURA PROJECT.

1.3.94. OPERATIONAL TESTS: Are the operation tests, operativity and integration of the TRANSPORTATION NETWORK, which shall be performed by the FITEL, or


through a third party appointed or hired by it, in coordination with the CONTRACTED and according to the PROTOCOL OF TESTS AND PROTOCOL OF COMMISSIONING approved by the FITEL, to verify the culmination of each progress according to indications made in Table N° 1 of Annex N° 8-A of the BID TERMS.

1.3.95. COMMISSIONING: Is the date from which the CONTRACTED initiates the provision of the services indicated in the FINANCING CONTRACT, beginning the PERIOD OF OPERATION of the ACCESS NETWORK.

1.3.96. POINT OF PRESENCE: Is the place where the transmission network arrives and from which the connections are distributed to the CPE to provide the services in one BENEFICIARY LOCALITY.

1.3.97. RDNFO: Is the National Backbone Network of Optical Fiber: Universal North Coverage, Universal South Coverage and Universal Center Coverage.

1.3.98. LEGAL REPRESENTATIVE: Is the natural person appointed by the BIDDER according to Section 2.4. of the BID TERMS and to whom the powers foreseen in said section shall be granted.

1.3.99. ACCESS NETWORK: Is the telecommunications network implemented according to indications of the TECHNICAL SPECIFICATIONS that enables the final user to access the public telecommunications services and access to Intranet of the AWARDED PROJECT, using for this purpose the TRANSPORTATION NETWORK.

1.3.100. TRANSPORTATION NETWORK: It is the high-speed network, availability and reliability designed based on the laying of optical fiber with redundancy scheme and points of presence in the district capitals as provided in Section 7.4 of Article 7 of Law No. 29904. It will be deployed by the CONTRACTED in the BENEFICIARY LOCALITIES.

1.3.101.AWARENESS AND DISSEMINATION: t is the set of activities to be performed by the CONTRACTED to inform and communicate to the beneficiaries on the implementation of the AWARDED PROJECT in the BENEFICIARY LOCALITIES, in addition to reporting the advantages of using the services that will provide the CONTRACTED to support personal, family, local, regional and national development so that the AWARDED PROJECT has the social acceptance to favor its implementation and acceptance of the CONTRACTED. To fulfill this obligation, the CONTRACTED shall adhere to the provisions of Appendix No. 14 of Annex No. 8-B of the BID TERMS.

1.3.102. ENVELOPE Nº 1: Is the envelope that contains the documents specified in Section 5 of these BID TERMS, to be submitted by the BIDDER that wishes to be considered SHORTLISTED BIDDER in this bid.

1.3.103. ENVELOPE Nº 2: Is the envelope that contains the TECHNICAL PROPOSAL with the documents specified in Section 7.1. that will be submitted by the SHORTLISTED BIDDER.

1.3.104. ENVELOPE Nº 3: Is the envelope that contains the ECONOMIC PROPOSAL that will be submitted by the SHORTLISTED BIDDER, according to the provisions set forth in Section 7.2. of the BID TERMS.


1.3.105. ENVELOPES: is referred indistinctly to Envelope Nº 1, Envelope Nº 2 and Envelope Nº 3.

1.3.106. DATA ROOM: is the area of the offices of ProInversión located at Av. Enrique Canaval Moreyra N° 150, Piso 7, San Isidro, Lima 27, Lima, Perú, which shall contain the information related to the bid and may be visited by the BIDDERS, after subscribing the NON DISCLOSURE AGREEMENT, according to the terms indicated in these BID TERMS.

1.3.107. SUPERVISIÓN: It is the set of technical and specialized surveillance activities, inspection and monitoring to be carried by FITEL or a third party designated by it, during the INVESTMENT PERIOD of the ACCESS NETWORK, INVESTMENT PERIOD of the TRANSPORT NETWORK and OPERATION PERIOD for verifying compliance with the characteristics and obligations listed in Annex No. 8-A and 8-B No. of the BID TERMS and in the FINANCING CONTRACT, undertaken by the CONTRACTED.

1.3.108. SUPERVISOR: Is the natural or legal person, public or private, in charge of the tasks of supervision of the installation and maintenance of the AWARDED PROJECT, during the effectiveness of the FINANCING CONTRACT.

1.3.109. ITU: Is the International Telecommunications Union for its acronym in English: International Telecomunications Union.

1.4. Legal Framework of the Bid and background

1.4.1. Law of Promotion of Private Investment of Companies of the State, Legislative Decree Nº 674, its regulatory rules, complementary and amendments.

1.4.2. Law Nº 26440 that specifies that the projects and organisms that are under the responsibility of state bodies are comprised in the process of promotion of private investment.

1.4.3. Regulation of the Law of Promotion of Private Investment in the Companies of the State, approved by Supreme Decree Nº 070-92-PCM.

1.4.4. Law Nº 28660, that determines the legal nature of the Agency for Promotion ofPrivate Investment– ProInversión as a Decentralized Public Organism attached to the Economy and Finance sector, with legal status, technical, functional, administrative, economic and financial autonomy, constituting a budget statement.

1.4.5. Regulation of Organization and functions of the Agency for Promotion of Private Investment (ProInversión) approved by Ministerial Resolution N° 083-2013-EF/10 and its amendments.

1.4.6. Supreme Resolution Nº 025-2015-EF whereby is appointed the permanent members of the COMMITTEE of ProInversión in Project of Energy and Hydrocarbons– PRO CONECTIVIDAD.


1.4.7. Law that grants to the Investment Fund in Telecommunications– FITEL the quality of legal person of public law, attached to the Transportation and Communications sector, Law Nº 28900.

1.4.8. Regulation of Law Nº 28900, Law that grants to the Investment Fund in Telecommunications - FITEL, the quality of legal person of public law, approved by Supreme Decree Nº 010-2007-MTC.

1.4.9. Regulation of Management and Functions of the Investment Fund in Telecommunications–FITEL, approved by Supreme Decree Nº 036-2008-MTC.

1.4.10. Consolidated Text of the General Law of Telecommunications, approved by Supreme Decree Nº 013-93-TCC.

1.4.11. Law of promotion of the Broadband and construction of the National Backbone Network of Optical Fiber, Law Nº 29904

1.4.12. Regulation of the Law of promotion of the Broadband and construction of the National Backbone Network of Optical Fiber, Law Nº 29904 approved by Supreme Decree Nº 013-2014-MTC

1.4.13. General Regulatory Framework for the promotion of development of public telecommunication services of rural areas and places of preferred social interest, approved by SD Nº 024-2008-MTC and its amendments.

1.4.14. Policy Guidelines of Opening of Telecommunications Market of Peru, approved by Supreme Decree Nº 020-98-MTC.

1.4.15. Policy Guidelines to promote a greater access to telecommunication services in rural areas and places of preferred social interest, approved by Supreme Decree Nº 049-2003-MTC.

1.4.16. Consolidated Text of the General Regulation of Telecommunications Law, approved by Supreme Decree Nº 020-2007-MTC.

1.4.17. Law N° 29868, which restores the effectiveness of Law 29022; Law for the expansion of infrastructure in telecommunications, published on May 29, 2012 in the official Gazette El Peruano.

1.4.18. Supreme Decree N° 003-2015-MTC that approves the Regulation of Law N° 29022, Law for Strengthening Expansion of Infrastructure in Telecommunications, published on April 18, 2015 in the official Gazette El Peruano.

1.4.19. Law N° 30083, Law that establishes measures to strengthen the competence in the market of Mobile public services, published in the official Gazette El Peruano, on September 22, 2013.

1.4.20. Law N° 30228, Law that modifies Law N° 29022, Law for expansion of infrastructure in telecommunications, published in the official Gazette El Peruano, on July 12, 2014.

1.4.21. Supreme Resolution N° 035-2015-EF, published on July 25, 2015, whereby was ratified the agreement adopted in the meeting of the Steering Council of


Proinversión dated October 6, 2014, that incorporated to the process of promotion of private investment the project “Broadband Installation for Comprehensive Connectivity and Social Development of the Cajamarca Region” and established that the modality under which will be promoted private investment will be that established in subparagraph a) of Article 2° of Legislative Decree N° 674.

1.4.22. Supreme Resolution No. 036-2015-EF, published on July 25, 2015, whereby the resolution adopted at the meeting of the Steering Council of ProInversión was ratified on October 6, 2014, that incorporated to the process of promotion of private investment the project "Broadband Installation for Comprehensive Connectivity and Social Development for the Piura Region" and established that the mode under which private investment will promote the project will be established in subparagraph a) of Article 2 of Legislative Decree No. 674.

1.4.23. Supreme Resolution Nº 037-2015-EF, published on July 25, 2015, whereby was ratified the agreement adopted at the meeting of the Steering Council of ProInversión of October 6, 2014, that incorporated to the process of promotion of private investment the project “Broadband Installation for Comprehensive Connectivity and Social Development of the Tumbes Region” and established that the modality under which private investment will promote the project will be established in subparagraph a) of Article 2° of Legislative Decree N° 674.

1.4.24. Supreme Resolution No. 038-2015-EF, published on August 2, 2015, whereby the resolution adopted at the meeting of the Steering Council of ProInversión of June 1, 2015 was ratified, that incorporated to the process of promotion of private investment the project "Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region" and established that the mode under which private investment will promote the project will be established in subparagraph a) of Article 2 of Legislative Decree No. 674.

1.4.25. Supreme Resolution No. 042-2015-EF, published on August 22, 2015, whereby the resolution adopted at the meeting of the Steering Council of ProInversión of July 21, 2015 was ratified, which approved the Plan for the Promotion of Private Investment of Projects "Broadband Installation for Comprehensive Connectivity and Social Development of the Tumbes Region," "Broadband Installation for Comprehensive Connectivity and Social Development of the Piura Region," "Broadband Installation for Comprehensive Connectivity and Social Development of Cajamarca Region” and "Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region".

1.4.26. Legislative Decree No. 1182 promulgated on July 27, 2015, which regulates the use of data derived from telecommunications for the identification, geo-location of communication equipment.

1.4.27. Supreme Decree No. 004-2015-MTC published on August 4, 2015 which regulates Law No. 30083, Law establishing measures to strengthen competition in the market for public mobile services.

It shall be understood that these regulations are used with their corresponding amendments and/or derogations.

Background


1.4.28. Official Letter Nº 1692-2014-MTC/24, of September 15, 2014, whereby the el FITEL, entrusts ProInversión to begin the processes of promotion of private investment of projects “Broadband Installation for Comprehensive Connectivity and Social Development of Cajamarca Region”, “Broadband Installation for Comprehensive Connectivity and Social Development of Piura Region” and “Broadband Installation for Comprehensive Connectivity and Social Development of the Tumbes Region”.

1.4.29. Proinversión agreements Nºs 633-3-2014-CPC, 633-4-2014-CPC and 633-5-2014-CPC dated October 06, 2014 whereby the Steering Council of ProInversión agreed to incorporate to the process of promotion of private investment the projects mentioned in the preceding paragraph, establishing that the modality of promotion of private investment will be that referred in subparagraph a) of Article 2º of Legislative Decree Nº 674.

1.4.30. Official Letter N° 020-2015-MTC/24 dated January 7, 2015, whereby the Investment Fund in Telecommunications (FITEL), entrusts ProInversión to begin the process of promotion of private investment of the project: “Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region”.

1.4.31. Proinversión agreement Nº 683-1-2015-DPI dated July 01, 2015 whereby the Steering Council of ProInversión agreed to incorporate to the process of promotion of private investment the project “Broadband Installation for Comprehensive Connectivity and Social Development of the Tumbes Region”, establishing that the modality of promotion of private investment will be that referred in subparagraph a) of Article 2º of Legislative Decree Nº 674.

1.4.32. Official Letter N° 1388-2015-MTC/24 dated July 07, 2015, whereby the FITEL, requested to ProInversión that the projects “Broadband Installation for Comprehensive Connectivity and Social Development of Tumbes Region” and “Broadband Installation for Comprehensive Connectivity and Social Development of Piura Region”, are called to public bid under a general design of the process of promotion under the consideration of the Committee of PRO CONECTIVIDAD, to have one awardee operator.

1.4.33. Proinversión agreement Nº 686-2-2015-DPI dated July 21, 2015 whereby the Steering Council of ProInversión approved the Plan of Promotion of Private Investment of projects “Broadband Installation for Comprehensive Connectivity and Social Development of Tumbes Region”, “Broadband Installation for Comprehensive Connectivity and Social Development of Piura Region”, “Broadband Installation for Comprehensive Connectivity and Social Development of Cajamarca Region” and “Broadband Installation for Comprehensive Connectivity and Social Development of Cusco Region”.

1.5. Powers of the Committee and ProInversión

1.5.1. The Committee's function is to drive the process of promoting private investment that motivates this bid subject matter of these BID TERMS. It is empowered to promote, organize, regulate, modify, define, clarify, direct, supervise, control and dictate all the provisions that are relevant or it deems necessary for the implementation of the process, solve everything that is not


foreseen in the BID TERMS or in the APPLICABLE LAWS and, in general, to exercise all other powers assigned to it by APPLICABLE LAWS.

1.5.2. The Committee may modify the BID TERMS and modify the deadlines specified in these. This BID may be suspended or canceled if the COMMITTEE deems it advisable, without giving a reason and without incurring any liability as a result. Any amendments to these BID TERMS shall be communicated by Circular.

1.5.3. The mere presentation of the information provided in these BID TERMS and/or requested by the Committee for purposes of qualifying by a BIDDER does not oblige the COMMITTEE to declare it SHORTLISTED BIDDER, nor submitting a proposal obliges the Committee to accept it.

1.5.4. The mere presentation by the BIDDER of the necessary documents to be declared by the COMMITTEE as SHORTLISTED BIDDER implies:

a) The full knowledge, acceptance and unconditional submission by the BIDDER to each and every one of the procedures, obligations, conditions and without exception established in the BID TERMS, the same that are binding for those;

b) Its irrevocable and unconditional waiver to propose before any judge, arbitrator, court, court, jurisdiction or national or foreign authority, any action, claim, suit, arbitration, arbitration request, statement of claim or any other nature against the State of the Republic of Peru, the MTC, the FITEL, ProInversión, the committee, advisors, or any other entity, agency or state official of the Republic of Peru to exercise any of the powers provided in these BID TERMS.

1.5.5. Except as expressly provided to the contrary in these BID TERMS, the decisions of the Committee or ProInversión, as appropriate, regarding this bid are final and will not give rise to compensation of any kind and are not subject to challenge at the administrative level or judicial. Consequently, the mere participation in the bid, those persons that fall under the scope of these BID TERMS waive to any legal challenge or other action of any kind against such decisions.

1.6. Draft Financing Contract

1.6.1. The COMMITTEE shall prepare the DRAFT FINANCING CONTRACT that will be sent to the addresses or emails of the AUTHORIZED AGENTS or LEGAL REPRESENTATIVES of the BIDDERS and will be published in the web page of ProInversión in the term foreseen in Annex N° 9 of these BID TERMS.

1.6.2. The BIDDERS may submit suggestions to the DRAFT FINANCING CONTRACT within the terms indicated in the SCHEDULE, with the same formalities foreseen in Section 3.1.2. of the BID TERMS. The COMMITTEE is not obliged to accept or to reply the suggestions that the BIDDERS formulate to the DRAFT FINANCING CONTRACT.


1.6.3. After analyzing the suggestions submitted by the BIDDERS to the DRAFT FINANCING CONTRACT, they shall have the final version of the FINANCING CONTRACT on the date indicated in the SCHEDULE.

1.7. Tender Schedule

The Tender Schedule is contained in Annex No. 9. The Committee may modify the dates of the SCHEDULE, at any time, which will be communicated to the BIDDERS by Circular.

Except where otherwise expressly indicated, the maximum period of the day, for delivery of documents in the front desk of ProInversión, will expire at 17:00 hours of Lima - Peru.

1.8. Interpretation and references

1.8.1. The terms and expressions used in these BID TERMS shall be construed in their natural and obvious sense unless specifically been assigned another meaning in this document or its annexes, or the context otherwise requires it; and in any case according to the rules in force in the State of the Republic of Peru. It shall be considered, without admitting evidence to the contrary, that all participants in this process know the laws, rules and regulations in force in the State of the Republic of Peru and applicable to this process.

1.8.2. The titles of chapters, sections, points, forms and annexes of the BID TERMS are exclusively used for indicative purposes and shall not affect the interpretation of their content.

1.8.3. In case of contradiction between the provisions of these BID TERMS and the terms of any of its annexes, shall prevail as provided in the BID TERMS, except that the annexes were expressly pointed out, clearly and unequivocally, that its contents modify the provisions of the BID TERMS. In all cases, the contents of the CIRCULARS referred to in these BID TERMS prevail over the provisions of the BID TERMS although not expressly stated.

1.9. Considerations that govern the Bid

The procedure that the bid will follow shall serve to:

1.9.1. Call and promote the participation of the greatest quantity of BIDDERS in the bid.

1.9.2. Make a transparent, simple and objective competence and with equitable conditions for the participation of the BIDDERS.

1.9.3. Define the basic rules on which the BIDDERS may prepare their TECHNICAL PROPOSAL and ECONOMIC PROPOSAL.

In this way, these BID TERMS establish the basic aspects of the bid, mainly referred to its rules and terms, competence factor, requirements of qualification of BIDDERS, among others; without prejudice of making specifications, extensions, modifications and other additional details through CIRCULARS.


2. PARTICIPATION FEE, AUTHORIZED AGENTS AND LEGAL REPRESENTATIVES OF BIDDERS

2.1. Participation Fee

For purposes of this bid, any natural or legal person or CONSORTIUM that has paid the PARTICIPATION FEE will be considered BIDDER.

Once payment is made, the BIDDER shall send a simple letter to the project manager in the telecommunications issues, signed by its General Manager, Attorney, Legal Representative or by any officer with full powers to represent the BIDDER in the bid; or by the natural person interested in participating in the BID to the address indicated in Section 3.1.2. of the BID TERMS, indicating:

a. The denomination or name of the company or CONSORTIUM1,b. The address and telephone of the company or CONSORTIUM,c. The name, address and email of the manager, attorney, legal

representative or officer that addresses the communication; or the natural person,

d. The expressed will of the company, CONSORTIUM or PERSON to participate in the bid,

e. Enclose a photocopy of the payment voucher or the document of transfer issued by a bank, or the payment voucher of the PARTIFCIPATION FEE issued by ProInversión, to the company, to any of the member companies, in case of CONSORTIUM, or the natural person.

The payment of the PARTICIPATION FEE in the bid is $ 2,000.00 (Two thousand and 00/100 dollars), including taxes, which amount shall be deposited in the Saving account No. 0011-0661-66-0200035113 in Dollars (SWIFT : BCONPEPL, ABA: UID011517) BBVA Banco Continental. This amount is net of fees and expenses of transfer and is not refundable.

2.2. Assignment of Participation Fee

The acquirer of the PARTICIPATION FEE in the qualification stage, that paid the PARTICIPATION FEE and decides to do not participate in the bid, may transfer the acquired right to another company, CONSORTIUM or natural person up to five (05) days before the date of submission of envelope N° 1. For that purpose, the acquirer of said right must submit in envelope Nº 1 a simple letter to the COMMITTEE whereby it credits on its favor the transfer, with legalized signature of the representative of the grantor and enclosing the information required for the appointment of the new AUTHORIZED AGENTS and LEGAL REPRESENTATIVES complying with Sections 2.3 and 2.4 of these BID TERMS.

Likewise, when the BIDDER, or one of its shareholders or partner members, or a RELATED COMPANY to the BIDDER or one of its shareholders or partner members, have been the PERSON who paid or acquired through an assignment of rights, the PARTICIPATION FEE in this bid, may transfer it to a PERSON of its group or to a third party. To credit this, it shall be enough to

1 For identification purposes of CONSORTIA, the LEGAL REPRESENTATIVES of the companies that conform them shall establish the own name to it, for example, Tele Popular Consortium, Internet Local Consortium, etc.


submit to the COMMITTEE a copy of the payment voucher of said right and the communication whereby is credited the transfer in its favor, as appropriate. Additionally, an AFFIDAVIT that explains the relation between the BIDDER and said PERSON, according to the aforementioned.

2.3. Authorized Agents

2.3.1. Appointment of Authorized Agents

Each BIDDER, through a written communication and signed by the General Manager or by any officer with full powers, shall designate up to two (02) natural persons with common domicile in the city of Lima or Callao as its AUTHORIZED AGENTS for the purposes of this bid.

2.3.2. Appointment Letter

The appointment of Authorized Agents shall be made in writing by a simple letter to the project manager in telecommunications issues to the address indicated in Section 3.1.2 of the Bid Terms, expressly stating their names, powers and stating the appropriate information, as stated in Sections 2.3.3. and 2.3.4 of the BID TERMS.

The designation of the AUTHORIZED AGENTS, or variation of their address, telephone, fax or email, as appropriate, take effect from a certain date in which the respective communication issued by the BIDDER is received by the relevant COMMITTEE corresponding to date of receipt by the front desk of ProInversión.

2.3.3. Powers granted to Authorized Agents

The AUTHORIZED AGENTS, duly appointed, may act indistinctly one to each other and not necessarily jointly and shall be the only natural persons empowered by the BIDDER to:

a. Represent the BIDDER before ProInversión, the COMMITTEE and its members and the advisors on all issues, that are not of exclusive competence of the LEGAL REPRESENTATIVE according to Section 2.4.1 of the BID TERMS;

b. Reply, on behalf of the BIDDER and with binding effect for its grantor, all the questions made by the COMMITTEE;

c. Receive CIRCULARS and any communication regarding this bid;d. Access to use DATA ROOM;e. Subscribe, with binding effect for the BIDDER, the NON DISCLOSURE

AGREEMENT referred in Section 3.2.2. of the BID TERMS.f. Deliver envelope N° 1, N° 2 and N° 3 to the COMMITTEE, without

prejudice that this task may also be made by the LEGAL REPRESENTATIVES of the BIDDER.

2.3.4. Information of Authorized Agents

The information that should be provided with relation to each one of the AUTHORIZED AGENTS will be the following:a. Full names and surnames.


b. Identification Document (National Identification Card, passport or foreign card).

c. Common domicile in the city of Lima or Callao.d. Telephone numbers, email and fax if any.

2.3.5. Notifications

All notices, including CIRCULARS sent to the BIDDER, SHORTLISTED BIDDER or SUITABLE BIDDER shall be sent to any AUTHORIZED AGENTS via email or fax, if applicable, and with electronic notification of receipt in the first or facsimile in the second. In both cases, the notice shall be deemed received on the date of referral of the email or facsimile. Additionally it may be made by letter delivered by courier or through a notary, in which case means received notification on the date of delivery, meaning well made and effective any notification made in the common address specified by the AUTHORIZED AGENTS or LEGAL REPRESENTATIVES referred in subparagraph c. of Section 2.3.4.

2.3.6. Replacement

The BIDDER, upon written notice to the COMMITTEE that meets the same requirements indicated in Section 2.3.2 of the BID TERMS, may replace any of the AUTHORIZED AGENTS in any time, including changes in address, phone numbers, fax or email, indicated for AUTHORIZED AGENTS to be replaced, it should be borne in mind that both the new common registered as telephone numbers, fax and email, should be set within the city of Lima or Callao.

The replacement of AUTHORIZED AGENTS, or variation of their address, telephone, fax or email, as appropriate, take effect from a certain date in which the respective communication issued by the BIDDER is received by the relevant COMMITTEE on the date of receipt in the front desk of ProInversión.

2.4. Legal Representative

2.4.1. Appointment and Powers

The BIDDER may appoint by proxy up to two (02) common legal representatives to represent him, jointly or individually, as provided in this Section.

The address, phone number, email or fax number of the LEGAL REPRESENTATIVES, as well as their replacement, are subject to the provisions of Sections 2.3.4., 2.3.5. and 2.3.6 above.

In case of CONSORTIA, along with the names of the LEGAL REPRESENTATIVES of each of the conforming parties, they shall nominate one or two common LEGAL REPRESENTATIVES (which may be one of them) with the same powers and responsibilities of the LEGAL REPRESENTATIVES. In this context, the common LEGAL REPRESENTATIVE who will subscribe the documents requested in these BID TERMS and shall provide the ENVELOPES the COMMITTEE. The LEGAL REPRESENTATIVES of the members of the


CONSORTIUM may also be designated common LEGAL REPRESENTATIVES of the CONSORTIUM.

The documents submitted in Envelopes N° 1, N° 2 and N° 3 and, in general, all documents that a BIDDER submit with relation to the bid, must be signed by the LEGAL REPRESENTATIVE of the BIDDER who submits said documents and who is duly empowered to that effect, according to the provisions of this Section.

If the BIDDER is a natural person, his election will be to appoint or not the LEGAL REPRESENTATIVE, according to the preceding paragraphs. If he does not designate it, shall mean the BIDDER as LEGAL REPRESENTATIVE and must submit a letter enclosing a copy of his National Identity Card, passport or immigration card indicating the data specified in Section 2.3.4.

The powers granted to each common LEGAL REPRESENTATIVE or common LEGAL REPRESENTATIVES should be large enough to have the powers set forth in Section 2.3.3 and, for that, any of them jointly or individually, may sign on behalf of his principal, all documents required by the BID TERMS, including, specifically, the power to initiate impeachment proceedings under the BID TERMS, sign letters of presentation of the TECHNICAL PROPOSAL and ECONOMIC PROPOSAL, as well as all documents submitted in envelopes No. 1, No. 2 and No. 3 and sign the FINANCING CONTRACT.

2.4.2. Presentation of Power of Legal Representative

The power by which is appointed the LEGAL REPRESENTATIVES shall contain the corresponding representation powers, including those that are set forth in Section 2.3.3. of the BID TERMS and that apply to the preceding paragraph. It will be submitted together with the documents contained in Envelope No.1.

The appointment of a new LEGAL REPRESENTATIVE or the replacement of those initially appointed shall only take effect from the date on which the COMMITTEE receives the documents evidencing such appointment, duly corresponding to the date of receipt by front desk of ProInversión .

2.4.3. Place and formalities of Granting of Power

The powers granted in Peru shall be evidenced in public deed or with notarial certified copy of the minutes of the relevant corporate body for which are granted.

The powers granted outside Peru, designating the LEGAL REPRESENTATIVE must be:

a. Duly extended or legalized before the consulate of Peru that is competent, and should enclose a simple translation into Spanish, in case of having issued in a different language;

b. Endorsed by the Ministry of Foreign Affairs of Peru.


Where the grantor of power comes from a contracting member state (signatory) of the "Abolishing the Requirement of Legalization for Foreign Public Documents Convention" adopted on October 5, 1961 in the City of The Hague, Kingdom of the Netherlands approved by Legislative Resolution No. 29445 and ratified by Supreme Decree No. 086-2009-RE, the power granted outside Peru appointing a LEGAL REPRESENTATIVE will not require legalization or expansion referred in the preceding paragraph, being enough to meet only with conditions laid down in the said agreement, as long as the country concerned has not maintained the accession of Peru.

2.4.4. Registrations in the Registry Office

In any case will be required that, when submission, the powers of the LEGAL REPRESENTATIVE are registered in the Public Registry of Peru.

However, on the CLOSING DATE, the powers of LEGAL REPRESENTATION of the AWARDEE, at the time the CONTRACTED, should be registered in the corresponding Registry Office.

3. INQUIRIES AND INFORMATION

3.1. Inquiries about the BID TERMS and Suggestions to the DRAFT FINANCING CONTRACT

3.1.1. Term to make inquiries and suggestions

Since the dates indicated in the SCHEDULE OF the BID and until the dates indicated in it, the BIDDERS, through their AUTHORIZED AGENTS or LEGAL REPRESENTATIVES, may make inquiries and suggestions to the BID TERMS and suggestions to the DRAFT FINANCING CONTRACT.

3.1.2. Formality of inquiries and replies

Inquiries or suggestions to the BID TERMS, as well as suggestions to DRAFT FINANCING CONTRACT will be made in writing in Spanish language and will be delivered in a sealed envelope in the front desk of ProInversión, including a digital storage medium (CD, USB, or other) that contains the same information in MS Word, or via email to which are attached those files.

The presentation of the inquiries or suggestions to the BID TERMS and suggestions to the DRAFT FINANCING CONTRACT, takes effect from the date on which the respective communication issued by the BIDDER is received by the appropriate COMMITTEE on the date of receipt by the front desk of Proinversión.

Each one of the inquiries or suggestions to the BID TERMS and the TECHNICAL SPECIFICATIONS shall be made completing the following formats:

Lima, ….. . . . 2015.


Messrs:

Proinversión Committee in Projects of Energy and Hydrocarbons PRO CONECTIVIDAD

Attention: Mr. Jesús Guillén MarroquínProject Manager in Telecommunications Issues ProInversiónAv. Canaval MoreyraNº 150, San Isidro - Lima, PerúTelephones: (51) (1) 200-1200 Extension 1357

Email: [email protected]

N° of inquiry or suggestions to the BID TERMSSection, subparagraph or other division of the BID TERMSContent of inquiry or suggestion:

Project:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N° of inquiry or suggestions to the TECHNICAL SPECIFICATIONS OF THE ACCESS NETWORK (Annex 8 – A)Section, subparagraph or other division of the TECHNICAL SPECIFICATIONS OF THE ACCESS NETWORKContent of inquiry or suggestion:

Project:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N° of inquiry or suggestion to the TECHNICAL SPECIFICATIONS of the TRANSPORTATION NETWORK (Annex 8 – B)Section, subparagraph or other


mailto:[email protected]

division of the TECHNICAL SPECIFICATIONS OF THE TRANSPORTATION NETWORK (Annex 8 – B)Content of inquiry or suggestion:

The suggestions to the DRAFT FINANCING CONTRACT shall be made completing the following format:

Lima, …. . . . . 2015.

Messrs:

Proinversión Committee in Projects of Energy and Hydrocarbons PRO CONECTIVIDAD

Attention: Mr. Jesús Guillén MarroquínProject Manager in Telecommunications Issues ProInversiónAv. Canaval Moreyra Nº 150, San Isidro - Lima, PerúTelephones: (51) (1) 200-1200 Extension 1357Email: [email protected]

N° of suggestionSection, subparagraph or other division of the DRAFT FINANCING CONTRACTContent of suggestion:

The replies of the COMMITTEE to the inquiries made to the BID TERMS will be communicated through CIRCULARS, sent by email, physical mean or both, addressed to all BIDDERS or SHORTLISTED BIDDERS, as the case may be, without indicating the name of the persons who made the inquiries.

The COMMITTEE is obliged only to solve the inquiries specifically related with the content of the BID TERMS or the TECHNICAL SPECIFICATIONS.

With regard to the suggestions to the DRAFT FINANCING CONTRACT, these will be object of evaluation, and is the exclusive power or the COMMITTEE to reject them, accept them or adapt them to the content thereof, without needing to support them before the BIDDER.


mailto:[email protected]

The COMMITTEE is not obliged to solve comments or suggestions to the BID TERMS or TECHNICAL SPECIFICATIONS that are not related to this bid. Neither is obliged to solve notes, appreciations, value judgments, policy comment sor sectorial management, among others.

3.1.3. Circulars

3.1.3.1. If the COMMITTEE considers it necessary to clarify, modify, specify or supplement the BID TERMS or CIRCULAR, it shall issue a CIRCULAR to that effect. This CIRCULAR will be sent to the AUTHORIZED AGENTS or LEGAL REPRESENTATIVE to the emails, or to the common address or fax number indicated in accordance with Section 2.3.4. the BID TERMS. All CIRCULARS will be published on website of ProInversión www.proinversion.gob.pe.

3.1.3.2. The COMMITTEE will respond to the requests made to the BID TERMS by CIRCULAR to all BIDDERS or SHORTLISTED BIDDERS or, as appropriate, without indicating the name of who made the request. The CIRCULARS will be sent to BIDDERS by email or in writing by courier.

3.1.3.3. After qualifying BIDDERS, the CIRCULARS shall only be notified to the SHORTLISTED BIDDERS, and after the submission of Envelopes No. 2 and No. 3 only the SUITABLE BIDDERS who submitted such envelopes. However, all will be posted on the website of ProInversión.

3.1.3.4. The CIRCULARS issued by the COMMITTEE shall be integrant part of these BID TERMS, and shall be legally binding for all BIDDERS and SHORTLISTED BIDDERS who submit envelopes N° 2 and N°3.

3.2. Access to Information – Data Room

3.2.1. Access to Data Room

3.2.1.1. Bidders who have paid the PARTICIPATION FEE and delivered a NON DISCLOSURE AGREEMENT, duly signed, will have access to information, available for consultation in the Data Room.

3.2.1.2. The use of the DATA ROOM shall be coordinated with the administration of the DATA ROOM in accordance with established rules for its functioning, contained in the "User Guide of Data Room" Annex No. 7 of these BID TERMS.

3.2.1.3. BIDDERS, through written communication or by an email sent to the Project Manager in the telecommunications issues by any of its AUTHORIZED AGENTS, or their LEGAL REPRESENTATIVE (S), shall indicate the name of the natural persons that have access to the DATA ROOM. Bidders shall coordinate visits with the coordination of DATA ROOM.

3.2.2. Non Disclosure Agreement

To have access to the DATA ROOM, the AUTHORIZED AGENTS of BIDDERS must sign a single NON DISCLOSURE AGREEMENT. The document is included in Annex Nº 1 of the BID TERMS.

3.2.3. Content of information of DATA ROOM


The different technical background, documents and existing Studies will be put at the disposal of the BIDDERS in the DATA ROOM, located at floor 7 of the building of PETROPERÚ located at Av. Canaval Moreyra 150, San Isidro, Lima.

Bidders have broad freedom to use that information in formulating their proposals, however, the TECHNICAL PROPOSALS to be submitted by SHORTLISTED BIDDERS are their sole responsibility, failing any of them in the future, either as BIDDER or CONTRACTED, plead or claim damages or compensation for possible or eventual errors, omissions, inaccuracies or deficiencies of any nature that may exist in such records and studies.

The initial relation of documents is detailed in Appendix N° 2 of Annex N° 7 of the BID TERMS.

Any document that is incorporated in the DATA ROOM, will be communicated to the AUTHORIZED AGENTS or LEGAL REPRESENTATIVES of BIDDERS, SHORTLISTED BIDDERS who delivered their Envelopes N° 2 and 3, through email sent by the Project Manager in telecommunications issues, so that BIDDERS may consult them.

3.3. Request of Interviews

All BIDDERS, through their AUTHORIZED AGENTS or LEGAL REPRESENTATIVES, as appropriate, shall be entitled to meet with members of the COMMITTEE or the Project Manager in the telecommunications issues and officers of the telecommunications team of ProInversión until the day before to the last day for the delivery of Envelope No. 1 and, in the case of SHORTLISTED BIDDERS until the day before the date of submission of Envelopes No. 2 and No. 3, prior coordination with the COMMITTEE or the Head of Projects in telecommunications issues, as appropriate, for the organization of such interviews.

The requests of interviews or meetings will be made through the email indicated in Section 3.1.2. of the BID TERMS. The Project Manager in telecommunications issues shall communicate the date and hour of them, to the email of the AUTHORIZED AGENTS or LEGAL REPRESENTATIVES who sent the requests.

In case the requested interviews correspond to technical issues, the COMMITTEE or the Project Manager in telecommunications issues must request the presence of the personnel of the FITEL in said meetings.

3.4. Limitations of Liability

3.4.1. Independent decision of Bidders

All SHORTLISTED BIDDERS must support their decision to submit or not their TECHNICAL PROPOSAL and ECONOMIC PROPOSAL in their own investigations, field studies, inspections, visits, interviews, analysis and conclusions about the available information, including the information of the Data Room and particularly that provided at its own and full risk.

3.4.2. Limitation of Liability


The State of the Republic of Peru or any agency, the MTC, the FITEL or any of its agencies, ProInversión, the COMMITTEE, its members, advisors and technical personnel are not responsible, nor guarantee, either expressly or implied, the totality, integrity, sufficiency, reliability or truthfulness of the information, oral or written, that is provided for purposes of the bid.

Consequently, none of the persons participating in the BID may assign responsibility therefore whatsoever to any of the aforementioned parties or their representatives, agents or employees for the use that may be made of such information or for any inaccuracies, failure, defect, lack of updating or any other cause not expressly contemplated herein.

3.4.3. Scope of Limitation of Liability

The limitation set out in Section 3.4.2 reaches, as widely as possible, all information concerning the BID that was effectively known, to the information not known and to the information that at some point should have been known, including possible errors or omissions contained therein, by the State of the Republic of Peru or any agency, by the MTC, the FITEL or any of its agencies, organism or official thereof, ProInversión, the COMMITTEE, its members, advisors and technical personnel. Likewise, this limitation of liability extends to all information, whether or not supplied or prepared directly or indirectly by any of the aforementioned parties.

The limitation of liability also extends to all information available in the DATA ROOM, interviews requested by BIDDERS or SHORTLISTED BIDDERS and that supplied through CIRCULARS or any other form of communication, which is acquired during the site visits related to the BID and those mentioned in these BID TERMS, including all its Forms and Annexes.

3.4.4. Acceptance by the BIDDER of the provisions of Section 3.4.

The mere presentation of qualification documents shall be, without any further act, the acceptance of all the provisions in Section 3.4. of the BID TERMS by the BIDDER and, where appropriate, of the CONTRACTED, as well as their irrevocable and unconditional waiver, in the most comprehensive manner to enable the legislation to raise any action, counterclaim, exception, claim, demand, or arbitration claim for compensation against the State of the Republic of Peru or any agency, body or official thereof, or against MTC, FITEL or any of its agencies, or against PROINVERSION, the Committee, its members and advisors.

4. SUBMISSION OF ENVELOPES

4.1. Submission of Envelopes

Envelopes Nº 1, Nº 2 and Nº 3 will be submitted personally by one of the AUTHORIZED AGENTS or by the LEGAL REPRESENTATIVE of the BIDDER. Documents that are sent by mail, email, fax or any other mean or type of communication will not be accepted or received.

4.1.1. Submission of documentation for Qualification of BIDDERS


The submission of documentation contained in Envelope N° 1 for the qualification of BIDDERS, will be carried out in the offices of the COMMITTEE located at the headquarters of ProInversión, at Av. Enrique Canaval Moreyra N° 150, San Isidro - Lima, Peru (PETROPERU building), within the term indicated in the SCHEDULE referred in Annex N° 9 of the BID TERMS.

4.1.2. Submission of Envelopes N° 2 and Nº 3

The BIDDER declared SHORTLISTED BIDDER by the COMMITTEE, must submit according to the Tender Schedule an Envelope No. 2 and an Envelope No. 3 for each of the projects to the COMMITTEE, which may be represented by one or more of its members, by the Project Manager in telecommunications issues or by the person designated by the COMMITTEE for this purpose, in the presence of a Notary Public, in the time indicated through CIRCULAR.

4.2. Language

Unless otherwise expressly stated in these BID TERMS, all documents must be submitted in Spanish language and if they are written in another language must be accompanied by a simple translation into Spanish. If any discrepancy between the texts in both languages shall prevail the text in Spanish language.

If attached foreign language brochures or catalogs or specialized or technical catalogs not required in the BID TERMS, for better understanding, the COMMITTEE may request the BIDDER its translation into Spanish.

4.3. Original documents and copies

The documents that compose Envelopes Nº 1 and Envelopes Nº 2 must be submitted in original or legalized copy by notary, and two (02) simple copies, duly marked as “Original”, “Copy 1” and “Copy 2” in the first page. The simple copies shall not require notarial or consular legalization.

4.3.1. If the documents were copies and come from a contracting member country (signatory) of the "Abolishing the Requirement of Legalization for Foreign Public Documents Convention" adopted on October 5, 1961 in the City of The Hague, Kingdom of the Netherlands approved by Legislative Resolution No. 29445 and ratified by Supreme Decree No. 086-2009-RE, will not require legalization referred in the preceding paragraph, and will be enough only to comply with the conditions established in the said agreement, as long as the respective country has not made the accession of Peru.

4.3.2. Without prejudice of the aforementioned, if the documents are issued or granted abroad, the AWARDEE may submit on the CLOSING DATE said documents duly authenticated by the Consulate of Peru that is competent and should be approved by the Ministry of Foreign Affairs in the city of Lima, except the audited financial statements or tax declaration.

4.3.3. The documents that compose Envelope Nº 3 must be submitted only in original, without copies.

4.4. Form of Submission of Envelopes Nº 1, Nº 2 and Nº 3


4.4.1. Envelopes should be submitted conveniently closed and clearly marked on their obverse with the following indications:i. The title of the BID (Public Bid of the process of promotion of private

investment for the execution of projects: “Broadband Installation for Comprehensive Connectivity and Social Development of the Tumbes Region”, “Broadband Installation for Comprehensive Connectivity and Social Development of the Piura Region”, “Broadband Installation for Comprehensive Connectivity and Social Development of the Cajamarca Region” and “Broadband Installation for Comprehensive Connectivity and Social Development of Cusco Region”);

ii. The number of corresponding Envelope (“Envelope Nº 1” or “Envelope Nº 2” or “Envelope Nº 3”, respectively);

iii. The name of the BIDDER or SHORTLISTED BIDDER as appropriate; and,iv. In case of Envelopes N° 2 and N° 3, the name to which it applies:

CAJAMARCA PROJECT or CUSCO PROJECT or TUMBES-PIURA PROJECT.

4.4.2. All documentation submitted in Envelopes must be perfectly legible and should be clearly foliated, correlatively and initialed in each folio by the LEGAL REPRESENTATIVE of the BIDDER. Likewise, and index should be included with the detailed list of all documents included in Envelopes Nº 1 and Nº 2.

4.4.3. In case of any discrepancy between one figure expressed in numbers and in letters, shall prevail the amount expressed in letters.

4.5. Cost of Preparation and Submission

The BIDDER shall bear all costs or expenses, direct or indirect, incurred in connection with the preparation and submission of Envelope No. 1 No. 2 and No. 3, as appropriate. The State of the Republic of Peru, the MTC, the FITEL or any agency, body or official thereof or ProInversión, the Committee, advisors or technical staff will not be responsible in any way for those costs, regardless of the way in which the bid or its outcome is made.

4.6. Effects of Submission of Documents and Binding Nature of these Bid Terms

4.6.1. The submission of documents for qualification contained in Envelope No. 1 of the documents contained in Envelopes No. 2 and No. 3, or any other document or communication to the COMMITTEE, implies full knowledge, acceptance and unconditional submission by the BIDDER, SHORTLISTED BIDDER, SUITABLE BIDDER, AWARDEE or the CONTRACTED, as appropriate, to each and every one of the procedures, obligations, conditions and rules, without exception, established by these BID TERMS and specifically the provisions in Section 3.4. the BID TERMS.

4.6.2. Also implies their express, irrevocable and unconditional waiver, in the most comprehensive manner permitted by APPLICABLE LAWS, to raise any action, counterclaim, exception, claim, demand, request for arbitration, request for compensation or any other nature against MTC, FITEL or any agency, body or official thereof or against ProInversión, the COMMITTEE members, advisors and technical personnel.


4.6.3. The COMMITTEE reserves the right to verify the accuracy of all documentation submitted by the BIDDER during the different stages of the BID, without implying in any way a limitation of the responsibility of the BIDDER for the possible failure or lack of veracity of the data or information presented.

4.6.4. The lack of truthfulness or insufficiency in the data, documentation and/or information submitted by the BIDDER in this bid that detects the COMMITTEE, may result in disqualification thereof in any stage. They are included in this alleged transgression and/or falsity incurred by the BIDDER regarding any of the affidavits to subscribe for its participation in this bid.

4.6.5. The BID TERMS are legally binding for all those natural persons, corporations and entities indicated in the previous paragraph.

5. CONTENT OF ENVELOPE N° 1

All PERSONS and CONSORTIA that comply with the requirements established in these BID TERMS may participate in this BID.

To submit Envelope N° 1, the BIDDER must have paid the PARTICIPATION FEE in this bid and provide through the submission of Envelope N° 1, the information that is detailed below, that will be an AFFIDAVIT.

A person, directly or indirectly, individually or as a member of a CONSORTIUM may not participate in the BID in more than one PROPOSAL per project, may do so in other CONSORTIA in one or more different projects. If it is not the winning consortium where it participates, it cannot later join another CONSORTIUM or company that it constitutes for signing the FINANCING CONTRACT.

BIDDERS may not be those who are disqualified on the provisions of Article 1366º of the Civil Code and applicable to the limitations noted in the First Supplementary Provision and Final of Law No. 30283 and Article 3 of Law No. 28670.

5.1. General Information

5.1.1. Submit a photocopy of proof of payment or transfer issued by a bank or proof of payment of the PARTICIPATION FEE issued by ProInversión to the company, to some of the member companies in case of a consortium, or the natural person.

5.1.2. If there is an assignment of the PARTICIPATION FEE, the BIDDER must submit in Envelope No. 1, the simple letter in which accredits the transfer of that right in its favor and the AFFIDAVIT that describes the relationship between the BIDDER and the PERSON, as it is required in Section 2.2 of these BID TERMS.

5.1.3.Provide the COMMITTEE with Form 1 of Annex No. 3 of these BID TERMS, as an AFFIDAVIT, whereby the BIDDER proves its commitment to submit reliable information. The DECLARATION must be submitted to the COMMITTEE by simple document signed by the legal representatives of the BIDDER.


5.2. Shortlisting Requirements

Technical Requirements

In case the BIDDER is a CONSORTIUM, at least one of its members, should prove the requested technical requirements, and will be recognized as the OPERATOR.

If the BIDDER submits information from a RELATED COMPANY and that RELATED COMPANY is a PARENT OR AFFILIATED COMPANY, it shall submit a letter signed by an officer of the RELATED COMPANY in which the linkage is demonstrated. This letter shall be considered AFFIDAVIT and in it, the natural person who signs shall declare that it has sufficient powers to make such statements on behalf of that RELATED COMPANY. If this RELATED COMPANY is a SUBSIDIARY COMPANY, it shall be enough to submit the instrument evidencing such linkage signed by the LEGAL REPRESENTATIVE of the BIDDER.

5.2.1. Submit Form Nº 2 of Annex Nº 3, signed in original by the LEGAL REPRESENTATIVE of the BIDDER that contains the letter of presentation of the technical requirements for qualification and where is proved that the BIDDER has:

5.2.1.1. Concession, single concession and registry, license or other enabling titles to provide at least one of the following public telecommunication services in Peru:

a. Carrier services,

b. Public service of added value of data switching by packages (access to Internet),

c. Final public services.

BIDDERS must prove a minimum time of experience of five (05) years, counted since the date of submission of Envelope N° 1, in the provision of any of the services indicated above and that is currently offered in the national, regional or international market.

To demonstrate these requirements, the BIDDER shall enclose copy of:

a. Any of the indicated enabling titles, and

b. The Communications to OSIPTEL and the MTC of the start of commercial operations, or invoices or payment vouchers for the provision of the service; and

c. At least five (05) payment vouchers (vouchers, invoices, receipts, bank transfers, etc.) for the provision of the


service indicated in subparagraph a) with a seniority of three (03) months counted before the bid call.

Or,

5.2.1.2. Concessions, licenses, registries or other enabling titles to provide public services of telecommunications equal or similar to those required in the preceding section in one or more countries different to Peru.

To prove this experience, of at least five (05) years, the BIDDER will accompany at least one (01) copy of the enabling certificates titles authorizing it to provide the accredited service with a length of at least five (05) years before the date of submission of Envelope No. 1 and an AFFIDAVIT attesting that has been providing the service indicated in subparagraph a) three (03) months prior to the publication of the call for the bid.

Financial Requirements

The BIDDER must demonstrate that complies with the Financial Requirements. The values of the Financial Requirements will be communicated through CIRCULAR and are:

5.2.2. Sales:

a. Minimum sales in 2013 amounting US$…………… (……………AMERICAN DOLLARS).

b. Minimum sales in 2014 amounting US$…………… (……………AMERICAN DOLLARS).

To prove the level of sales of each one of the years required, shall consider the sales of the BIDDER and, in case of CONSORTIUM, shall be considered at least that of one of the members or the sumsum of the sales of each one of them, and;

Net Equity

c. Minimum Net Equity in 2013 amounting US$…………… (……………AMERICAN DOLLARS).

d. Minimum Net Equity in 2014 amounting US$…………… (……………AMERICAN DOLLARS).

For purposes of establishing the level of net equity of each of the required exercises, it shall be considered the net equity of the BIDDER and, in case of CONSORTIUM will be considered at least one of the members or the sum of net equity of each, and;

Total Assets

e. Minimum total assets in 2013 amounting US$…………… (……………AMERICAN DOLLARS).


f. Minimum total assets in 2014 amounting US$…………… (……………AMERICAN DOLLARS).

For purposes of establishing the level of total assets of each of the required exercises, it shall consider the total assets of the BIDDER and, if it were a CONSORTIUM will be considered at least one of the members or the sum of total assets of each.

To prove compliance with the financial requirements, the BIDDER must submit simple copy of the Audited Financial Statements of the BIDDER for the years 2013 and 2014 or of the RELATED COMPANY to the BIDDER whose figures are being used.

This information may be submitted in Spanish language or in another language, requiring simple translation in this latter case.

5.2.3. Letter of presentation of financial information for qualification, according to Form Nº 3 of Annex Nº 3, signed in original by the LEGAL REPRESENTATIVE of the BIDDER.

If figures of a RELATED COMPANY and that RELATED COMPANY are a PARENT OR AFFILIATED COMPANY, the BIDDER shall submit a letter signed by the LEGAL REPRESENTATIVE of the RELATED COMPANY in which linkage is demonstrated. This letter shall be considered AFFIDAVIT, and in it the person signing must also declare that it has sufficient powers to make such statements on behalf of that RELATED COMPANY.

If this RELATED COMPANY is a SUBSIDIARY COMPANY, it shall be enough to submit the instrument evidencing such linkage signed by the BIDDER'S LEGAL REPRESENTATIVE, as well as the instrument of power of attorney of the LEGAL REPRESENTATIVE of the RELATED COMPANY that undersigns the letter. The power vested in the LEGAL REPRESENTATIVE of the RELATED COMPANY shall comply with the formalities set out in Section 2.2. the BID TERMS.

The BIDDER may indicate its own financial figures, those of its shareholders or Partners or those of the RELATED COMPANY to them.

If the BIDDER submits the level of sales, net equity or total assets of the PARENT COMPANY for majority in the share capital, it may not submit nor its own sales, minimum net equity, or total assets nor the other SUBSIDIARY COMPANIES. In no case may be credited more than once the same sales, the same equity, or at least the same level of minimum total assets. These same rules shall apply for each member of the CONSORTIA, if appropriate.

Legal Requirements

The BIDDER must credit the compliance of the following legal requirements:

5.2.4. Be a PERSON or a CONSORTIUM, and should credit this requirement through the submission of the following:


a. Simple copy of the incorporation document of the BIDDER. If it is foreign, it must enclose a simple translation into Spanish. When it is a CONSORTIUM, it shall be required a simple copy of the incorporation document of each one of its members, with simple translation into Spanish in case that any of them are foreign.

Alternatively to the incorporation document of the BIDDER or its members in case of a CONSORTIUM, shall be accepted a simple copy of the current bylaw in force or equivalent instrument issued by the competent authority in the country of origin.

The activity referred to in the bylaw should be wide enough to allow it to be BIDDER in this tender or to participate as a shareholder in other companies whose objects enable them to provide services that are subject of the tender.

In case of a CONSORTIUM, it shall be required, in addition to the instruments mentioned above for each of its members, a simple copy of the document which formed the CONSORTIUM.

b. An AFFIDAVIT signed by the LEGAL REPRESENTATIVE of the BIDDER confirming its existence, according to the legal principles that apply according to the legislation of origin, drawn up according to Form Nº 4 of Annex Nº 3.

c. If the BIDDER is a CONSORTIUM, the BIDDER must submit an affidavit signed by the common LEGAL REPRESENTATIVE and LEGAL REPRESENTATIVES of each of the members, confirming their existence and solidarity of the members regarding the obligations assumed and AFFIDAVITS, drawn up according to the model attached as Form No. 5 of Annex No. 3. The signature of the LEGAL REPRESENTATIVE in these affidavits must be authenticated by a notary in Peru.

d. An AFFIDAVIT according to Form No. 6 of Annex No. 3, signed by the LEGAL REPRESENTATIVE of the BIDDER or the common LEGAL REPRESENTATIVE in case of a CONSORTIUM, indicating the percentage share of each of its major shareholders or partners or member of the BIDDER.

In the case of CONSORTIA, this information is also required for each one of its members, as appropriate, following the model of the previous form with the signature of the LEGAL REPRESENTATIVE of each of the conforming parties.

5.2.5. Have acquired the PARTICIPATION FEE. If it was direct, shall be enough to submit a copy of the payment receipt issued by Proinversión of that right. If it was indirectly (through one of its shareholders, partners, members or third parties) should accredit by an affidavit explaining the binding relationship between the BIDDER and the person who paid for the right to participate under Form N ° 7 of Annex No. 3.


5.2.6. Have appointed the LEGAL REPRESENTATIVE in accordance with the requirements of Section 2.4. the BID TERMS, crediting through the presentation of a certified copy of the respective power.

5.2.7. File an affidavit, according to Form No. 8 of Annex No. 3, signed by the LEGAL REPRESENTATIVE of the BIDDER or the common LEGAL REPRESENTATIVE in case of a CONSORTIUM stating that the BIDDER, its shareholders or partners and their members and partners of the latter, if the BIDDER is a CONSORTIUM, the companies that conform it should not engage in any of the cases of lack of suitability for the performance of their contractual obligations as detailed in the aforementioned model.

5.2.8. An AFFIDAVIT, according to Form No. 9 of Annex No. 3, signed by the LEGAL REPRESENTATIVE of the BIDDER, stating that the BIDDER or the common LEGAL REPRESENTATIVE in case of a CONSORTIUM, their shareholders and their members and partners of the latter, if the BIDDER is a CONSORTIUM, have waived to invoke or exercise any privilege or diplomatic immunity or other kind, and to submit by diplomatic means any claim, any right to compensation or other in connection with any claim that could be invoked by or against the State of the Republic of Peru, the Ministry of Transportation and Communications, the FITEL, ProInversión, the Committee, its members and advisors, under Peruvian law or under any other legislation, in relation to their obligations to the BID TERMS, the TECHNICAL PROPOSAL, the ECONOMIC PROPOSAL and the FINANCING CONTRACT.

5.2.9. An affidavit, according to Form No. 10 of Annex No. 3, signed by the LEGAL REPRESENTATIVE of the BIDDER or the common LEGAL REPRESENTATIVE in case of a CONSORTIUM, indicating that the advisers of the BIDDER for this bid, have not directly provided any services on behalf of the MTC, the FITEL, ProInversión or the Committee in the past year and during the course of this bid, whether at full time, part time or eventual type, in connection with this process of promoting private investment.

5.2.10. An AFFIDAVIT, according to Form No. 11 of Annex No. 3, duly signed by the LEGAL REPRESENTATIVE of the BIDDER or the common LEGAL REPRESENTATIVE in case of a CONSORTIUM, declaring that the BIDDER, its shareholders or members in case of CONSORTIUM and partners or shareholders of the latter, in case of CONSORTIUM, have no direct or indirect participation in any other BIDDER for the same project.

In the case of companies that have listed their shares on stock exchanges, the participation mentioned in the preceding paragraph shall be limited to those cases where the management control of the company is exercised, or any of its members in case of CONSORTIUM in accordance with the provisions of Regulations on Indirect Ownership, Relationship and Economic Group approved by Resolution No. 090-2005-EF-94.10 CONASEV-modified by CONASEV Resolution


No. 005-2006-EF-94.10 or regulation amending or replacing it. To prove this, it must file an affidavit duly signed by the BIDDER'S LEGAL REPRESENTATIVE, according to Form No. 12 of Annex No. 3.

5.2.11. An affidavit, according to Form No. 13 of Annex No. 3, duly signed by the LEGAL REPRESENTATIVE stating that the BIDDER or the common LEGAL REPRESENTATIVE in case of a CONSORTIUM visited at least once the General Directorate of Concessions in Communications (GDCC) of the MTC and made inquiries regarding the feasibility of using radio electric spectrum bands to be proposed within its TECHNICAL PROPOSAL. He also shall indicate that it has reviewed the Peruvian National Frequency Allocation Plan (NFAP) and has carried out the respective consultations, if any, to the GDCC of the MTC.

5.2.12. The BIDDER and each of its members, in the case of a CONSORTIUM must submit an AFFIDAVIT, according to Form No. 14 of Annex No. 3, indicating their intention to form a legal entity in the Republic of Peru, the same that may adopt any of the corporate modalities regulated by the General Corporate Act. The company or Firm, shall be constituted at least with the same shareholders, partners or members and participations that were kept on the date of submission of Envelope No. 2.

Regarding the value of the minimum share capital of the new company or Firm that will sign the Financing Contract as CONTRACTED, this will be communicated by CIRCULAR and must be subscribed and paid under the FINANCING CONTRACT.

This rule applies if the AWARDEE is a company established in the national telecommunications market (in which case it should prove that it has that value, or increase its share capital), a CONSORTIUM or a foreign company.

In the shareholding structure of the CONTRACTED, the member who credited the technical qualification requirements must possess the MINIMUM PARTICIPATION of twenty five percent (25%) in the share structure of the CONTRACTED.

5.2.13. It shall attach a document prepared according to the BIDDER writing style where the personal data of Directors, Board members, Supervisory Board or other body of top government and senior officials engaged in the administration or legal representation of the society is reported.

5.3. Submission of Information

For purposes of compliance of the financial and technical requirements, it can submit own information or of a RELATED COMPANY.

5.4. Conversion of figures


Figures expressed in currencies other than dollar will be converted to this currency according to the exchange rate of the close of business on the date, which is referred to the information, according to data published by the Superintendence of Banking and Insurance and AFP (http://www.sbs.gob.pe).

The conversion of required figures as financial requirements will be included by the BIDDER in its Envelope Nº 1, in a spreadsheet printing used for the conversion, clearly indicating the exchange rates used.

5.5. Simplification Mechanism

5.5.1. It is the procedure whereby BIDDERS who have prequalified, in a process carried out by ProInversión, may ask the COMMITTEE to issue a "Certificate of Good Standing of qualification documents" indicating that documentation been filed in another process and want to be considered for the purposes of QUALIFICATION, as well as the date of submission of such documentation. This certificate will not be issued in respect of that documentation before the Committee with more than two (02) years of seniority counting from the date of the call for the bid.

5.5.2. The BIDDER who submitted preshortlisting documents in a certain process, shall be obliged to submit, for purposes to request its qualification to this bid:

The Certificate of Good Standing of Preshortlisting documents. An AFFIDAVIT indicating that the documentation referred in the “Certificate of

Good Standing of Preshortlisting documents” is in force, according to Form Nº 15 of Annex Nº 3.

The new or additional documentation required for purposes of qualification in these Bid Terms.

Copy of the payment voucher of the participation fee in the bid.

5.5.3. The COMMITTEE shall verify the validity of the AFFIDAVIT, and its applicability to the qualification process of this bid and shall proceed to make the respective assessment according to the provisions set forth in the BID TERMS.

6. SUBMISSION OF CONTENT OF ENVELOPE Nº 1 AND QUALIFICATION RESULTS

6.1. Submission of content of Envelope N° 1

6.1.1. The BIDDER shall submit a single Envelope No. 1 within the period specified in the Tender Schedule, on the dates and times that will be communicated by email to the LEGAL REPRESENTATIVES or AUTHORIZED AGENTS of the BIDDERS by the COMMITTEE or the Project Manager in telecommunications issues.

6.1.2. Envelope Nº 1, containing the documents indicated in Sections 5.1.1, 5.1.2., 5.1.3., 5.2. (second paragraph), 5.2.1, 5.2.2., 5.2.3., 5.2.4., 5.2.5, 5.2.6., 5.2.7., 5.2.8., 5.2.9., 5.2.10, 5.2.11., 5.2.12. and 5.2.13.will be received by the Project Manager in telecommunications issues and two advisors, one of which should be an attorney, and will be opened in presence of a Notary Public; then shall be prepared a minutes where is recorded the submission of the BIDDER and the number of pages of the documentation included in said Envelope.


http://www.sbs.gob.pe/

The minutes referred to in the preceding paragraph, shall proof the acceptance or return the contents of Envelope No. 1, for the absence of one or more of the documents requested in the BID TERMS. They can also note the observations made by the BIDDER.

In case of return of Envelope No. 1, it may be resubmitted by appointment, according to what is stated in Section 6.1.1. and within the qualification term established in the SCHEDULE, leaving a record of it in the minutes indicated in this section.

6.1.3. In the subsequent evaluation to receipt of Envelope 1, if is verified the existence of rectifiable observations (clarifications or explanations) in any of the documents, the COMMITTEE or its designee, shall urge the BIDDER by written notice to remedy or comply the assessment of observations, to the period specified in Annex No. 9, under penalty of being excluded from qualifying.

The corresponding replies will be made in writing, according to the provisions set forth in the previous paragraph, according to the formalities established in Section 4.3, through the front desk of ProInversión.

6.2. Announcement of SHORTLISTED BIDDERS and changes of Consortia

6.2.1. Within the maximum period set in the SCHEDULE, the COMMITTEE will issue its ruling progressively determining the SHORTLISTED BIDDERS to participate in the next stages of the process, for which it shall issue a special communication to each of the BIDDERS who have submitted Envelope 1 .

6.2.2. In the term foreseen in the SCHEDULE, the COMMITTEE, through CIRCULAR shall publish the list of SHORTLISTED BIDDERS in the web site of ProInversión.

6.2.3. Any SHORTLISTED BIDDER may form a CONSORTIUM to fifteen (15) calendar days prior to the submission of Envelopes No. 2 and No. 3. In this case, the CONSORTIUM should not include in its composition more than one (01) SHORTLISTED BIDDER. Also in that period the SHORTLISTED BIDDERS, in the case of consortia, may make changes in their structure, they must prove the requirements of these BID TERMS and in which case they may not participate SHORTLISTED BIDDERS.

All documents submitted by virtue of this Section, will be part of Envelope Nº 1 for all effects considered in the BID TERMS and the FINANCING CONTRACT.

The changes must be put to the consideration of the COMMITTEE within the term previously indicated. The COMMITEEE reserves the right to accept these changes.

6.2.3 The decision of the COMMITTEE regarding the qualification of the BIDDERS will be final and shall not be challenged.

7. SUBMISSION AND CONTENT OF ENVELOPES Nº 2 AND Nº 3


The SHORTLISTED BIDDERS will present their PROPOSALS by delivering Envelope No. 2 and No. 3, in a sealed envelope, indicating the name of the project to which they are presented.

SHORTLISTED BIDDERS may submit their proposal for one or more projects. The number of projects that may be awarded to BIDDERS will be informed by CIRCULAR.

7.1. Content of Envelope Nº 2

The content of each Envelope Nº 2 is composed by the following documents:

Document N° 1: AFFIDAVIT

The SHORTLISTED BIDDER must submit an AFFIDAVIT, according to the model of Form Nº 1 of Annex Nº 4, indicating the following:

That the information, declarations, certification and, in general, all the information submitted in Envelope Nº 1 is in force on the date and shall be in the same manner until the CLOSING DATE.

Document 2: GUARANTEE OF VALIDITY, EFFECTIVENESS AND SERIOUSNESS OF THE PROPOSAL

The SHORTLISTED BIDDER must submit a guarantee for an amount that will be communicated by CIRCULAR, to ensure the validity, effectiveness and seriousness of the proposal, according to the model in Form No. 2 of Annex 4.

The GUARANTEE OF VALIDITY, EFFECTIVENESS AND SERIOUSNESS OF THE PROPOSAL must be issued by a LOCAL BANKING COMPANY, LOCAL INSURANCE COMPANY or by an INTERNATIONAL FINANCIAL COMPANY, provided said guarantee has been issued by a LOCAL BANKING COMPANY according to Appendix No. 2 of these BID TERMS and should be jointly, unconditional, irrevocable, without benefit of excussion or division and automatically enforceable following the text of Form No. 2 of Annex 4.

This guarantee shall be valid for not less than ninety (90) days from the date of submission of Envelopes No. 2 and No. 3. The COMMITTEE may provide the compulsory extension of the GUARANTEE OF VALIDITY, EFFECTIVENESS AND SERIOUSNESS OF THE PROPOSAL, and the notified SHORTLISTED BIDDER must renew it by the deadlines that have this purpose.

The GUARANTEE OF VALIDITY, EFFECTIVENESS AND SERIOUSNESS OF THE PROPOSAL submitted by the SHORTLISTED BIDDER that is awarded the bid, will be returned after the signing of the FINANCING CONTRACT and compliance with the conditions for the CLOSING DATE.

If it has signed the FINANCING CONTRACT with the AWARDEE, the SHORTLISTED BIDDERS who had not won the bid must request by email to the Project Manager in telecommunications issues, the return of the GUARANTEE OF VALIDITY, EFFECTIVENESS AND SERIOUSNESS THE PROPOSAL. The latter will respond by the same means indicating the place, day and time in which they will be returned the guarantee.


Document N° 3: TECHNICAL PROPOSAL OF THE PROJECT

The TECHNICAL PROPOSAL of the PROJECT must contain:

i. AFFIDAVIT indicating that the STAGE OF INSTALLATION of the PROJECT will not be higher than: i) twelve (12) months for the TUMBES-PIURA PROJECT and the CUSCO PROJECT; or ii) fifteen (15) months for the CAJAMARCA PROJECT.

ii. Preliminary and cabinet engineering of the TRANSPORTATION NETWORK and the ACCESS NETWORK of the PROJECT. This document is proposed for each SHORTLISTED BIDDER indicating the technology and topology that will enable to provide access to Internet and Intranet to the MANDATORY PAID INSTITUTIONS, other public and private institutions and the population of the BENEFICIARY LOCALITIES elected by the FITEL, according to the request made in the TECHNICAL SPECIFICATIONS of the PROJECT and should include minimum (not limited list):

a. Topology of the ACCESS NETWORK and the TRANSPORTATION NETWORK of the PROJECT, and all information required in the TECHNICAL SPECIFICATIONS for this stage.

b. The preliminary schedule of implementation of the TRANSPORTATION NETWORK and the ACCESS NETWORK of the PROJECT, in printed format and electronic support, that includes the activities of the FIELD STUDIES, construction of civil works, manufacturing and/or supply of materials and equipment, international transportation, placement of equipment, local transportation and installation, tests, COMMISSIONING, CAPACITY BUILDING and other activities that are considered necessary to perform.

c. Proposal of AWARENESS and DISSEMINATION and PREPARATION OF CONTENTS.

iii. Forms Nº 3 and Nº 4 of Annex Nº 4, Summary of the TECHNICAL SPECIFICATIONS of the PROJECT, that reply to Section by Section of the document of TECHNICAL SPECIFICATIONS of the PROJECT. The referred forms have AFFIDAVITS nature.

iv. The BIDDER shall enclose the brochures or manuals in Spanish language as complement and support that demonstrate the characteristics of the goods and services offered according to the TECHNICAL PROPOSAL of the PROJECT.

v. Form Nº 5 of Annex Nº 4, Description of the Referential Program of Maintenance of the ACCESS NETWORK of the PROJECT, according to indications made in the TECHNICAL SPECIFICATIONS. In this form is requested: (i) if applicable, the description of infrastructure, equipment and technical support that it currently has for performing the operation and maintenance (ii) the preliminary proposal of implementation of the Centers


of Operation and Maintenance and (iii) the description of the Referential Program of Maintenance.

vi. Program and content of the training courses about the proposed technology that the CONTRACTED shall provide to the personnel appointed by the Technical Secretariat of the FITEL, and the professional profile required for these courses.

vii. AFFIDAVIT subscribed by the SHORTLISTED BIDDER guaranteeing that the new and manufactured equipment with processes and materials of high quality, Form N° 6 of Annex N° 4.

Document N° 4: Final Version of the FINANCING CONTRACT

The SHORTLISTED BIDDER must submit one (01) copy of the final version of the FINANCING CONTRACT, including its annexes, duly endorsed in each page and signed by the LEGAL REPRESENTATIVES of the SHORTLISTED BIDDER. Said final version will be timely delivered by Proinversión to the SHORTLISTED BIDDERS.

The information that is necessary to be incorporated in the FINANCING CONTRACT, and that is in blank on dots should not be included in the text thereof; the personnel of ProInversión will draw this up before the CLOSING DATE.

7.2. Content of Envelope Nº 3: Economic Proposal

7.2.1. The SUITABLE BIDDER must submit one Envelope Nº 3 for each submitted TECHNICAL PROPOSAL that should contain the Form N ° 1 of Annex N ° 5 of the BID TERMS.

7.2.2. The ECONOMIC PROPOSAL must be in force at least one hundred and fifty (150) days after the date of the Reception Act of Envelopes Nº 2 and Nº 3 and Opening of Envelopes Nº 2, even when said proposal would not have declared the winner.

Any ECONOMIC PROPOSAL shall be without effect that has a less effectiveness. The COMMITTEE may provide the mandatory extension of the ECONOMIC PROPOSALS.

7.2.3. For purposes of this bid, the submission of Envelope Nº 3 by a SUITABLE BIDDER is an irrevocable proposal that implies the submission of the SUITABLE BIDDER to all the terms and conditions, without exception, of the FINANCING CONTRACT and of Form N° 1 of Annex N° 5 of the BID TERMS.

7.2.4. The amount of the MAXIMUM FINANCING OF THE PROJECT, the value of the maximum financing of the TRANSPORTATION NETWORK and the amount of maximum financing of the ACCESS NETWORK will be communicated through CIRCULAR.


8. ACT OF RECEPTION OF ENVELOPES Nº 2 AND Nº 3, OPENING AND ASSESSMENT OF ENVELOPES Nº 2

8.1. Act of Reception of Envelopes Nº 2 and Nº 3 and Opening of Envelopes Nº 2

The submission of Envelopes N° 2 and Nº 3 must be made according to the general rules provided in Section 4 of these BID TERMS, on the date and hour foreseen in the SCHEDULE, according to the following order:(1) “Broadband Installation for Comprehensive Connectivity and Social

Development of the Cajamarca Region”,(2) “Broadband Installation for Comprehensive Connectivity and Social

Development of the Cusco Region” and,(3) “Broadband Installation for Comprehensive Connectivity and Social

Development of Piura – Tumbes Region”.

If any of the SHORTLISTED BIDDERS is not present in the place and time established, the COMMITTEE may grant up to thirty (30) minutes of tolerance for the submission of the envelopes.

If all SHORTLISTED BIDDERS are present before the COMMITTEE, any of its members or its designee, before elapsing the mentioned tolerance term, the COMMITTEE will begin the act.

8.1.1. The President of the COMMITTEE or the persons who replaces him, shall receive Envelopes N° 2 and Nº 3, before the presence of a Notary Public, who in each case, shall proceed to the opening of Envelopes Nº 2, in the order that were announced by the COMMITTEE as SHORTLISTED BIDDERS.

8.1.2. After opening Envelopes N° 2, the Notary Public shall initial and seal all the pages of original documents contained therein and shall deliver them to the COMMITTEE for its assessment, which shall be made according to Section 8.2.

8.1.3. Envelopes Nº 3 without opening will be deposited in one envelope according to the order established in Section 8.1.1. These will be sealed and signed by the Notary Public, who shall request the LEGAL REPRESENTATIVES to sign in each envelope in signal of security and inviolability. In these conditions, Envelopes N° 3 shall remain in custody of the Notary Public, until the date of opening of Envelopes Nº 3, foreseen in Annex N° 9.

8.1.4. The Notary Public shall prepare a minute, where shall be recorded the reception of Envelopes Nº 2 and Nº 3 and opening of Envelope Nº 2, which shall be signed by the members of the COMMITTEE and the LEGAL REPRESENTATIVES of the SHORTLISTED BIDDERS if they want to do so.

8.2. Assessment of content of Envelope Nº 2

8.2.1. In case that any of the documents required in Section 7.1 of these Bid Terms are not submitted, the SHORTLISTED BIDDER shall be disqualified of the bid.


8.2.2. The contents of each Envelope 2 will be evaluated by the Committee through the Head Project Team in telecommunications issues and by officials appointed by the FITEL; it is the COMMITTEE that must decide whether or not to admit the content of Envelopes 2 submitted by the SHORTLISTED BIDDERS.

8.2.3. If the COMMITTEE shall make any non-substantial observation to the TECHNICAL PROPOSAL OF THE PROJECT contained in Envelope Nº 2, the Project Manager in telecommunications issues may request in writing and by e-mail addressed to the LEGAL REPRESENTATIVE or to the AUTHORIZED AGENT of the SHORTLISTED BIDDER, the clarification, specification, adjustments and/or non-substantial modifications to the TECHNICAL PROPOSAL, which must be remedied within the term granted.

8.2.4. Similarly, when the COMMITTEE or to whom it has delegated the assessment determines that there are defects or omissions to remedy in respect of any of the documents contained in Envelope No. 2, the Project Manager in telecommunications issues shall communicate in writing and by email to the LEGAL REPRESENTATIVE or to the AUTHORIZED AGENT of the SHORTLISTED BIDDER for that, within the period granted, shall remedy the defects incurred. In any case the failure to submit any of the documents that must be contained in Envelope No. 2 shall be deemed rectifiable defect.

8.2.5. In the cases mentioned in Sections 8.2.3 and 8.2.4 above, the LEGAL REPRESENTATIVE or AUTHORIZED AGENT of the SHORTLISTED BIDDER shall respond successfully the requirement through a written communication sent to the address listed in Section 3.1.2 within the established term in the communication sent by the Project Manager in telecommunications issues.

8.2.6. Envelope Nº 2 will be declared technically acceptable when the following conditions are jointly complied:

a) The provisions of Sections 7.1, 8.2.2, 8.2.3, 8.2.4 and 8.2.5 if appropriate, of these BID TERMS.

b) To be accepted by the COMMITTEE, for which the compliance of the TECHNICAL SPECIFICATIONS of the PROJECT shall be verified.

8.2.7. Any TECHNICAL PROPOSAL shall be considered invalid if: (i) it is submitted as conditional upon the compliance or commitment of the FITEL or governmental authority of any requirement of the SHORTLISTED BIDDERS or (ii) if not met satisfactorily to reply the formulated requirements as stated in sections 8.2.3, 8.2.4 and 8.2.5. Notably, that the additional documentation to that required in the BID TERMS for the submission of Envelope No.2 will not be considered to determine whether it is technically acceptable or not, neither it shall be binding.

8.2.8. The qualification results of Envelopes Nº 2 will be indicated in a minutes of evaluation that will be signed by the members of the COMMITEE or its designee, and these results will be the basis for the COMMITTEE declares acceptable or not the Envelopes Nº 2.


The results of the evaluation of documents contained in Envelopes Nº 2 will be informed in the same opening act of Envelope N° 3 and GRANTING OF THE AWARD.

The decision of the COMMITTEE about the results of the qualification of the TECHNICAL PROPOSAL contained in Envelopes Nº 2 are final and shall not give rise to any claim or challenge by the BIDDERS.

8.2.9. Only the SHORTLISTED BIDDERS which content of Envelope N° 2 have been declared acceptable, will pass to the following stage of the bid, which is the opening of Envelope Nº 3.

9. OPENING OF ENVELOPES Nº 3 AND GRANTING OF THE AWARD

9.1. Opening Act of Envelopes Nº 3

9.1.1. The President of the COMMITTEE or its designee shall begin the opening act of Envelopes Nº 3 and GRANTING OF THE AWARD of each one of the projects, according to the order established in Section 8.1.1, in presence of a Notary Public at the hour that will be communicated through CIRCULAR.

The President of the COMMITTEE o its designee, shall read the Agreement of the Committee that contains the name of the SHORTLISTED BIDDERS that would have overcome the evaluation of Envelopes N° 2 and shall declare them SUITABLE BIDDERS.

Then, the President of the COMMITTEE or its designee shall request to the Notary to open Envelopes Nº 3 of the SUITABLE BIDDERS.

9.1.2. Then, the Notary Public and the team of the Head Office of telecommunications issues shall revise the content of each one of Envelopes N° 3. If any of the ECONOMIC PROPOSALS contained in Envelope N° 3, do not comply with the requirements established in these BID TERMS, said ECONOMIC PROPOSAL will not be considered by the COMMITTEE as a valid ECONOMIC PROPOSAL, and this should be recorded in the corresponding minutes. Otherwise, the Notary shall deliver Envelope N° 3 to the President of the COMMITTEE or its designee.

The President of the COMMITTEE or the person who replaces it, shall announce those valid ECONOMIC PROPOSALS, submitted according to the provisions set forth in Annex N° 5 of these BID TERMS, as appropriate, proceeding to evaluate them according to the criteria and procedures established in Sections 9.2.1 to 9.2.5 of the BID TERMS.

9.2. Procedure of Assessment and Competence Factors

The assessment of the ECONOMIC PROPOSALS of SUITABLE BIDDERS will be made in the order foreseen in Section 8.1.1 in three (03) stages:

FIRST STAGE

The COMMITTEE will revise and qualify the Technical Proposal of the SUITABLE BIDDERS. The Technical Proposal must contain the


competence factors indicated in Section 9.2.2 and each one of them must comply the minimum established conditions.

SECOND STAGE

The COMMITTEE will revise and assess the Economic Proposal of the SUITABLE BIDDERS, defined in Section 9.2.3.1, and

THIRD STAGE

The COMMITTEE shall write down and apply the bonus mechanism to the total score (sum of score of the Technical Proposal and the Economic Proposal), for the concept of advancement in the time of execution of the INSTALLATION STAGE.

The values for the assessment of the Economic Proposals will be completed by the SUITABLE BIDDERS, according to Form N° 1 of Annex N° 5 of these BID TERMS.

9.2.1. FIRST STAGE OF ASSESSMENT

In this stage the COMMITTEE shall assess the Technical Proposals through the technical score that will have a maximum punctuation of sixty (60) points, composed by the score reached by the SUITABLE BIDDERS for four (04) competence factors, which will have a maximum score of fourteen (14) and eighteen (18) points, as described below.

9.2.1.1. Competence Factors

The competence factors that the SUITABLE BIDDERS must take into account are:

a. Additional Beneficiary Localities. Are the localitities different from the BENEFICIARY LOCALITIES listed in Appendix 1 of the TECHNICAL SPECIFICATIONS of the ACCESS NETWORK OF THE PROJECT, where the SUITABLE BIDDER is committed to install the infrastructure and equipment necessary to provide the access to Internet and the access to Intranet. These localities, on the CLOSING DATE will be dealt as BENEFICIARY LOCALITIES.

The list of localities that the SUITABLE BIDDERS may propose as additional beneficiary localities will be communicated through CIRCULAR.

The SUITABLE BIDDERS may propose higher quantities to the additional beneficiary localities established in the CIRCULAR, without this mean a greater score.


b. Tablets. Is the quantity of tablets2 that the SUITABLE BIDDERS will deliver gratuitously, annually during ten (10) years of the PERIOD OF OPERATION of the ACCESS NETWORK of the PROJECT, to the FITEL or the public institution that it shall appoint.

To obtain a score for this factor, the total quantity of tablets that will provide to each SUITABLE BIDDER must be a multiple of ten (10) and should be equal or exceed the following quantity:

(Per Region)

Cajamarca:Total of tablets in ten (10) years: . . . .. . . . Tablets

Cusco:Total of tablets in ten (10) years: . . . .. . . . Tablets

Piura - Tumbes:Total of tablets in ten (10) years: . . . .. . . . Tablets

The total of tablets offered by the SUITABLE BIDDER that is the AWARDEE will be delivered in ten (10) years of the PERIOD OF OPERATION of the ACCESS NETWORK, at a rate of 1/10 of the total annually, in the last quarter of each calendar year comprised in the PERIOD OF OPERATION.

c. Access to Internet is free of payment in the main place of the BENEFICIARY LOCALITIES

Is the number of BENEFICIARY LOCALITIES (of those listed in Appendix 1 of the TECHNICAL SPECIFICATIONS of the ACCESS

2The technical characteristics of tablets are: - Anti-shock protection (it withstands drops of up to one meter) and is resistant to water and dust (at least IP62)- Screen ten (10) inches with a resolution of 1920 x 1200- Keyboard in Spanish external - One (01) port USB 2.0- Internal memory of 32 GB- Connection 802.11 b/n/n- Lithium polymer battery and minimum duration of ten (10) hours of navigation in Internet through Wi-Fi, of vide

reproduction or music. - 2 GB of RAM- Four (4) processors with a Speedy of 1.8 GHz.- With anti-theft system (per software) that sends messages that the equipment has been stolen and, in case the tablet is

returned or recovered, it can be restored (the system is activated at the time of delivery). - Camera of two (02) mega pixels.- Bluetooth connectivity - Battery charger and case - Support of 3G dongle external - Slot for external memory Micro SD- Minimum guarantee of one year and includes a briefcase to transport the equipment.

The CONTRACTED, shall submit the invoice(s) or the documents that credit the acquisition (with indication of quantity, unit price, and total cost in dollars) of the tablets it purchased and that will be delivered for the first time (see subparagraph b. of Section 9.2.1.1 of the BID TERMS). The total cost will serve as reference for the purchase of the remaining tablets (or the devices that replace them), until the culmination of the PERIOD OF OPERATION. The acquired devices must have processors launched before eighteen (18) months of the delivery of the new lot with characteristics higher to those acquired and delivered the preceding year. If the amount of the invoice or payment voucher submitted by the CONTRACTED the first year allows to purchase a greater number of devices in the successive years, it must acquire them and deliver them to the FITEL.


NETWORK of the PROJECT), in which the SUITABLE BIDDER agrees to provide, install, operate and maintain the infrastructure and equipment necessary to give free service of WiFi with Internet access free of payment in the main square of each, up to the amount offered in its proposal with an access speed of......... Mbps (40% guaranteed) for population use, daily in the hours between ......... during the ten years (10) of the PERIOD OF OPERATION of the ACCESS NETWORK. The speed, schedule and speed update mechanism, shall be communicated by Circular.

d. Ceiling Rates of the Service of Access to Internet for PERSONS different from public institutions referred in Article 1° of Resolution of the Steering Council N° 004-2015 –CD/OSIPTEL

Are ceiling rates, expressed in Nuevos Soles and including tax law, the the SUITABLE BIDDER is committed to charge to people different from the public institutions referred to in Article 1 of the Steering Council Resolution No. 004 -2015-CD/OSIPTEL for the following access speeds, with a guaranteed minimum speed of 40%: 500 kbps, 1 Mbps, 1.5 Mbps, 3 Mbps.

These rates are available to those persons from the first day of the PERIOD OF OPERATION of the ACCESS NETWORK. The CONTRACTED shall observe the provisions of the General Regulation of Rates of OSIPTEL.

9.2.1.2. Assessment of Technical Proposals of SUITABLE BIDDERS

The assessment of the technical proposals shall be made as follows:

Competence Factor: Additional Beneficiary Localities

PLAi = (Ai/B) * 18

Where:

PLAi :is the score for the number of additional beneficiary localities, for i-ésimo SUITABLE BIDDER.

Ai: is the number of additional beneficiary localities offered by the i-ésimo SUITABLE BIDDER.

B: is the greatest number of additional beneficiary localities proposed by some of the SUITABLE BIDDERS, that only for score purposes shall consider as maximum the number of ……..

Competence Factor: Tablets

Is applied provided the total number of offered tablets is equal or exceeds the quantity of tablets indicated in b of this section 9.2.1.1. Otherwise, the value of Ti will be equal to zero.


Ti= (Ci/D) * 14

Where:

Ti: is the score for the number of tablets of the i-ésimo SUITABLE BIDDER.

Ci: is the number of tablets offered by the i-ésimo SUITABLE BIDDER.

D: is the greatest number of tablets proposed by some of the SUITABLE BIDDERS.

Competence Factor: access to Internet free of payment in the main place of BENEFICIARY LOCALITIES

WLAi = (WAi/WB) * 14

Where:

WLAi: is the score for the number of BENEFICIARY LOCALITITES of the i-ésimo SUITABLE BIDDER committed to provide access to Internet free of payment in the main place of each one of them.

WAi: is the number of BENEFICIARY LOCALITIES in which the i-ésimo SUITABLE BIDDER is committed to provide access to Internet free of payment in the main place of each one of them.

WB: do some of the SUITABLE BIDDERS where there is a commitment to provide access to Internet free of payment in the main place of each one of them, propose the greatest number of BENEFICIARY LOCALITIES.

Competence Factor: Ceiling rates of the service of access to Internet for persons different from public institutions referred in Article 1° of the Steering Council Resolution Number 004-2015-CD/OSIPTEL

Is applied provided there is a tariff proposal for each Speedy indicated in subparagraph d. of this section 9.2.1.1 otherwise, the valur of the TARF i

would be equal to zero.

TARFi = [[(TFA/TFBi) + (TFC/TFDi) + TFE/TFFi) + (TFG/TFHi)]/4]*14

Where:

TARFi:is th escore for rates for the i-ésimo SUITABLE BIDDER.

TFA: Is the lowest rate offered for speed of 500 Kbps for any of the SUITABLE BIDDERS.

TFBi: Is the rate offered for speed of 500 Kbps for the i-ésimo SUITABLE BIDDER.

TFC : Is the lowest rate offered for speed of 1 Mbps by any of the SUITABLE BIDDERS.


TFDi :is the rate offered for speed of 1 Mbps for the i-ésimo SUITABLE BIDDER.

TFE: is the lowest rate offered for speed of 1.5 Mbps by any of the SUITABLE BIDDERS.TFFi :is the rate offered for speed of 1.5 Mbps for the i-ésimo SUITABLE BIDDER.

TFG: is the rate offered for speed of 3 Mbps by any of the SUITABLE BIDDERS.

TFHi : is the lowest rate offered for speed of 3 Mbps for the i-ésimo SUITABLE BIDDER.

Technical Score PTi

The Technical Score (PTi) constitutes the Technical Proposal of SUITABLE BIDDERS and is the sum of th escores obtained in the assessment of the technical competence factors by the SUITABLE BIDDERS shall be the Technical Score (PTi) of each one of them, which is calculated according to the following:

PTi = PLAi + Ti + WLAi + TARFi

9.2.2. SECOND STAGE OF THE ASSESSMENT

In this stage the COMMITTEE shall assess the Economic Proposals through the Economic Score (PEi), which shall have a maximum score of forty (40) points.

Said score is the value of the competence factor called Required Financing Amount by the SUITABLE BIDDER. This amount should be equal or less than the MAXIMUM FINANCING OF THE PROJECT that will be timely communicated by the COMMITTEE through CIRCULAR. The value of the Required Financing Amount by the SUITABLE BIDDER is equal to the sum of the financing of the transportation network required by the Suitable Bidder and the financing of the Access Network required by the SUITABLE BIDDER which shall be also declared in Form N° 1 of Annex N° 5.

The lowest Required Financing Amount by the SUITABLE BIDDERS should not be less to eighty five per cent (85%) of the MAXIMUM FINANCING OF THE PROJECT. The Economic Proposal lower than this value shall not be considered and the SUITABLE BIDDERS that propose them will be disqualified of the BID.

Competence Factor for the Economic Proposal

PEi = (E/Fi) * 40

Where:


PEi : is the Economic Score of the Economic Proposal of the i-ésimo SUITABLE BIDDER.

E: is the value of the lowest Required Financing Amount by any of the SUITABLE BIDDERS in DOLLARS, which should not be lower than 85% of the MAXIMUM FINANCING OF THE PROJECT.

Fi: is the value of the Required Financing in DOLLARS requested by the i-ésimo SUITABLE BIDDER.

Calculation of the Total Score

The Total Score (PTOi) of the SUITABLE BIDDERS is the sum of the scores of the Technical Proposal (PTi) and the Economic Proposal (PEi), according to the following formula:

PTOi = PTi + PEi

9.2.3. THIRD STAGE OF ASSESSMENT

In this stage, the Total Score (PTOi) of the SUITABLE BIDDERS will be recalculated taking into account the effect of the bonus for advancement of the execution of the INSTALLATION STAGE (BA), that corresponds to the reduction of the number of calendar days regarding the months of duration required for each project for this stage, that the SUITABLE BIDDERS shall offer.

The maximum value of reduction of the INSTALLATION STAGE is sixty (60) days and the value of its weighing (FP) is..… (value that will be communicated through CIRCULAR).

The calculation of the bonus for advancement of the execution of the INSTALLATION STAGE will be made according to the following:

BAi = 1 + FP + CAi

Where:

BAi:is the value of the bonus for advancement of execution in the INSTALLATION STAGE of the SUITABLE BIDDER i.

FP: is the weighing value for advancement in the execution of the INSTALLATION STAGE, that is equal to …... (value that will be communicated through CIRCULAR).

CAi: is the value between zero (0) and one (1) for the reduction of the term of the INSTALLATION STAGE OF THE PROJECT. The SUITABLE BIDDER that offers the greatest number of days of reduction shall obtain a score of one (1) and for the calculation of the score of other SUITABLE BIDDERS, shall apply a rule of three.

9.2.4. CALCULATION OF THE FINAL SCORE


The Final Score (PFi) of SUITABLE BIDDERS will be calculated as follows:

Final Score (PFi) = PTOi * BAi

9.3. GRANTING OF THE AWARD

9.3.1. The COMMITTEE shall select and declare as AWARDEE of the award of the PROJET to the SUITABLE BIDDER who has obtained the greatest final score that is the BEST OFFER, according to indications made in Section 9.2 of the BID TERMS.

9.3.2. In the event of a tie of the final score in any assessment of some of the projects: "Broadband Installation for Comprehensive Connectivity and Social Development of the Cajamarca Region," "Broadband Installation for Comprehensive Connectivity and Social Development of the Cuzco Region" and the project "Broadband Installation for Comprehensive Connectivity and Social Development of the Piura-Tumbes Region", the Committee shall grant an additional period of up to thirty (30) minutes of the final score reading by the Committee, after which the SUITABLE BIDDERS who tied shall submit a new envelope containing the discount on the Internet regulated tariffs (Section 2.3.1 of Annex No. 8 - B of the BID TERMS, TECHNICAL SPECIFICATIONS of the ACCESS NETWORK). It will be selected as the awardee the suitable bidder who would have offered the biggest discount on internet rates.

If nevertheless the tie subsisted, the awarding of the Award will be decided by lot in the presence of a notary public using a currency of legal tender in the country.

9.3.3. After concluding the procedure of GRANTING THE AWARD, the Notary Public shall prepare a minutes according to the order established in Section 8.1.1, which should be subscribed by the members of the COMMITEE, the AWARDEES and the other SUITABLE BIDDERS who want to do so.

9.3.4. If the AWARDEE, for reasons that are attributable, fails to comply its obligations to produce the CLOSING DATE, the COMMITTEE may execute the GUARANTEE OF VALIDITY, EFFECTIVENESS AND SERIOUSNESS OF THE PROPOSAL immediately and without the need of prior notice to the AWARDEE.

It shall also be executed if the COMMITTEE, in any state of the bid, verifies that the BIDDER submitted false information in any stage of the bid, unless they are mistakes or omissions that, upon the criterion of the COMMITTEE, may not have relevance in the decisions taken by it or in the results of the bid.

The Committee shall have the right, but not the obligation, in case of breach of the AWARDEE, to accept the PROPOSAL of the SUITABLE BIDDER with the next best score according to what is stated in Section 9.2 of these BID TERMS or proceed to a next call, and so on; or modify all or part of the BID TERMS and call back again; and/or take any other decision it deems appropriate.


In this case, the Committee will notify the SUITABLE BIDDER holder of such a proposal, communicating its decision to declare the new AWARDEE, also informing the shutdown procedure and the date, time and place in which it will be held.

The deadlines to meet the procedure of the CLOSING DATE will be counted since the notification referred in the previous paragraph, and shall not be less than it had the first AWARDEE, according to the SCHEDULE in effect at the time of notification.

9.3.5. Without prejudice of the provisions set forth in the preceding sections, the COMMITTEE may initiate all the legal actions permitted by the APPLICABLE LAWS as direct or indirect consequence of the breach of the original AWARDEE or the new AWARDEE.

9.4. Challenge

9.4.1. Challenge Procedure

9.4.1.1. Any SUITABLE BIDDER may file a legal challenge before the COMMITTEE against the GRANTING OF THE AWARD OF THE PROJECT. Such challenge must contain a remark in the affidavit of bid of opening of envelopes No. 3 and GRANTING OF THE AWARD and must be properly supported, in writing, within a maximum period of eight (08) business days from the following day of the date of the granting of the award. The COMMITTEE shall resolve such challenge within a maximum period of ten (10) business days from the day on which delivery of the deposit is made referred to in Section 9.4.2 of the BID TERMS.

9.4.1.2. Against the decision of the COMMITTEE, the affected SUITABLE BIDDER may file an appeal within three (03) business days following the receipt by before the same COMMITTEE, which will submit it to the Board of ProInversión. The appeal may also be filed against the rejection implied resolution of impeachment in the event that the deadline of ten (10) business days for the COMMITTEE to solve the challenge presented, it has not issued the corresponding resolution. In the latter case, the deadline for filing an appeal is calculated from the day following the expiration of the said period of ten (10) business days.

9.4.1.3. The appeal against the express or implied resolution of the Committee shall be determined by the Steering Council of ProInversión within thirty (30) business days following its filing. The resolution at second and final instance shall be final and non-appealable in administrative proceedings.


9.4.1.4. Any recurrent spending of the SUITABLE BIDDER that may arise from the challenge process for GRANTING THE AWARD will be the sole SUITABLE BIDDER account.

9.4.2. Challenge Guarantee

9.4.2.1. No challenge is considered validly filed and be without any effect unless, within three (03) business days following the date of grant of the award, the SUITABLE BIDDER delivers to the COMMITTEE, a jointly, irrevocable, unconditional bond without benefit of excussion or division and automatically enforceable, according to Annex No. 6 of the BID TERMS in favor of ProInversión. Such security or CHALLENGE GUARANTEE must be issued by a LOCAL BANKING COMPANY, LOCAL INSURANCE COMPANY or an INTERNATIONAL FINANCIAL ENTITY as detailed in Annex No. 2 of the BID TERMS for an amount to be communicated by Circular.

In case it is a bond issued by an INTERNATIONAL FINANCIAL ENTITY, shall be required that this bond is confirmed and issued by a LOCAL BANKING COMPANY, according to Annex Nº 2 of these BID TERMS.

9.4.2.2. The CHALLENGE GUARANTEE may be executed by ProInversión, if the appeal filed by the SUITABLE BIDDER is declared inadmissible or unfounded or in case said appeal was not filed within the period specified in Section 9.4.1 of the BID TERMS and the respective resolution shall be consented (express or tacit) of the Committee. If the challenge or the appeal filed is well founded, the challenge guarantee will be returned to the SUITABLE BIDDER, not generating interest in its favor.

9.4.2.3. The effectiveness of the CHALLENGE GUARANTEE referred in this section will be from the day that the challenge is submitted until sixty (60) business days, and should be in force until the express or implied resolution of the COMMITTEE or the Board of ProInversión, as appropriate.

9.5. Not Awarded Bid

This bid will be declared as not awarded when the COMMITTEE does not receive minimum one (01) valid proposal.

In the aforementioned case, a new bid in a new date may be called.

9.6. Suspension or Cancellation of the Bid

The BID may be suspended, canceled, or rescinded at any time up until before the CLOSING DATE, without expressing any cause, if it were considered appropriate by the Committee, in coordination with the FITEL, without incurring any liability. This decision is not challengeable.


If the bid is cancelled or annulled, the COMMITTEE shall establish at the appropriate time the term within which will proceed with the return of the GUARANTEE OF VALIDITY, EFFECTIVENESS AND SERIOUSNESS OF THE PROPOSAL.

In case of cancellation, the COMMITTEE shall proceed to return the letters of guarantee, as the case may be, in a term no later than three (03) Business days.

10. CONTRACTED

10.1. Incorporation

10.1.1. Before the CLOSING DATE in the case of an AWARDEE that is not a legal person legally registered in the country (whether concerned of a consortium or a legal person not domiciled in the country), it should form a company in Peru complying with the requirements set forth in Section 10.2. of the BID TERMS, in which case, once signed the FINANCING CONTRACT shall be considered the CONTRACTED. Whether an SUITABLE BIDDER has been declared by the AWARDEE of more than one of the projects: "Broadband Installation for Comprehensive Connectivity and Social Development of the Cajamarca Region," "Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region" and the project "Broadband Installation for Comprehensive Connectivity and Social Development of the Piura-Tumbes Region", this will be a single company that will manage the number of corresponding projects.

10.1.2. The provisions set forth in the preceding section shall not be necessary in case the AWARDEE is a corporation constituted and domiciled in Peru. In this assumption, it may only subscribe the FINANCING CONTRACT once the obligations established in Section 11.3 of the Bid Terms are complied for the CLOSING DATE.

10.2. Requirements of the legal person of the Contracted

10.2.1. The main purpose of the CONTRACTED should allow the provision of public telecommunications services and Internet and intranet access and its address must be set in the city of Lima, the Constitutional Province of Callao or any other city in the area of influence of one or most of the projects: "Broadband Installation for Comprehensive Connectivity and Social Development of the Cajamarca Region," "Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region" and "Broadband Installation for Comprehensive Connectivity and Social Development of the Piura-Tumbes Region".

10.2.2. In the founding document or agreement of the competent corporate body of the CONTRACTED (Minutes of the Board, Minutes of Meeting of Shareholders or another registration form) must be stipulated to the satisfaction of the COMMITTEE, the ratification of all acts performed and documented signed by the LEGAL REPRESENTATIVES of the AWARDEE and of the LEGAL REPRESENTATIVES of the CONTRACTED, especially the signing of the


FINANCING CONTRACT and any other right or obligation that would be consistent with these BID TERMS, the FINANCING CONTRACT or APPLICABLE LAWS.

10.2.3. The OPERATOR, be it concerned the member of the CONSORTIUM or the BIDDER that would had been declared by the COMMITTEE as the AWARDEE that meets the technical qualification requirements, it must have and maintain a minimum participation of twenty five per cent (25%) on the shareholding of the CONTRACTED, to a minimum period of three (03) years; during this period may not transfer or assign so as it is with a participation less than that stipulated in this section. Culminated this period it may only transfer it under the FITEL consent.

10.2.4. The CONTRACTED must have a minimum share capital which amount will be communicated through CIRCULAR, and must be subscribed and paid according to the terms and conditions indicated in the FINANCING CONTRACT.

Without prejudice of it, shall apply the provisions of the third, fourth and fifth paragraph of Section 5.2.12.

10.2.5. If the AWARDEE is a foreign company, it has the obligation to incorporate a national company complying the provisions of the preceding Sections.

11. CLOSING PROCEDURE OF THE PROJECT

11.1. Verification of Legal Requirements

Before the CLOSING DATE, the AWARDEE that will sign the FINANCING CONTRACT, shall submit to the COMMITTEE regarding the AWARDEE and of its members in case of a CONSORTIUM, as appropriate, the Informative Record of not being disqualified to contract with the State of the Republic of Peru issued by the OSCE (Supervisory Agency for State Procurement). A unique Informative Record will be valid no matter is the number of projects awarded by one of the SUITABLE BIDDERS.

If it is determined the existence of false information, the GRANTING OF THE AWARD will be revoked and can even proceed as provided in Section 11.5.2. of the BID TERMS and the provisions in Section 32.2 of the General Administrative Procedure Act, Law N ° 27444.

11.2. Closing Date

11.2.1. The CLOSING DATE will be carried out in the place and hour indicated by the CIRCULAR and will be held in presence of a Notary Public, who shall certify the acts referred in Section 11.3. of the BID TERMS. The CLOSING DATE is a single event for projects: “Broadband Installation for Comprehensive Connectivity and Social Development of the Cajamarca Region”, the project “Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region” and the project “Broadband Installation for Comprehensive Connectivity and Social Development of the Piura-Tumbes Region”, that are awarded.


11.2.2. In case that the AWARDEE does not comply with the requirements foreseen in these BID TERMS for this act, the COMMITTEE will leave without effect the GRANTING OF THE AWARD and shall dispose the execution of the GUARANTEE OF VALIDITY, EFFECTIVENESS AND SERIOUSNESS OF THE PROPOSAL of the BIDDER. In this case, the COMMITTEE shall follow the procedure indicated in Sections 9.3.4 and 9.3.5.

11.3. Closing Acts

Until the CLOSING DATE, the following acts shall be verified:

11.3.1. The AWARDEES shall pay to Proinversión the amount of the EXPENSES OF THE PROCESS referred in Section 1.3.55 of the BID TERMS. The value and the way of payment will be made according to the content of CIRCULAR issued by the COMMITTEE and is communicated to the AWARDEE.

11.3.2. Delivery of the Testimony of the Public Deed of incorporation of the CONTRACTED and accreditation by its registration in the Public Registry of Lima or other city of the influence area of the AWARDED PROJECT. The CONTRACTED must be incorporated in Peru, with the same Partners, shareholders or members in the same proportions that they maintain on the date of submission of Envelope N° 2 in case of CONSORTIUM, with a minimum subscribed share capital according to Section 5.2.12 of the BID TERMS. This same requirement must be complied if the AWARDEE is a foreign company.

11.3.3. Delivery of the Testimony or certified copy of the power of the person who shall subscribe the CONTRACT on behalf of the CONTRACTED, with evidence of its registration in the respective Registry Office.

11.3.4. Accreditation by the CONTRACTED of the ratification of all the acts performed and documented subscribed by the LEGAL REPRESENTATIVES of the AWARDEE, especially the subscription of the FINANCING CONTRACT and any other right or obligation that correspond according to the BID TERMS, or the APPLICABLE LAWS. Depending on the type of corporation, the nature of the act object of ratification and the powers of the bodies of direction of the corporation, the ratification shall be credited through the submission of the legalized copy of the respective agreement.

11.3.5. Presentation by the CONTRACTED of the AFFIDAVIT which states that the CONTRACTED and its partners or shareholders, are not prevented from contracting with the government or are involved in any limitations set forth in the applicable law. Such information will be provided by the contracted according to Form No. 1 of Annex No. 12 of the BID TERMS.

11.3.6. Delivery of the Preliminary Schedule of Implementation of the TECHNICAL PROPOSAL, in digital format.

11.3.7. Presentation of the simple copy of the authorization certificates (concession contract, licenses and registrations) so as to provide public telecommunications services provided in the TECHNICAL SPECIFICATIONS. It is also a requirement that the AWARDEE has the registry to provide value-added service with a single concession (in Peru); in the case of a CONSORTIUM at least one of its members to have a single concession (in Peru).


11.3.8. If the AWARDEE does not count on the authorization certificates and/or records that correspond in accordance with applicable laws, the AWARDEE will shall begin the process of "Sole concession to provide public telecommunications services" within the tenth business day of the date of granting THE AWARD, for which the AWARDEE must submit the documentation established in the TUPA of the Ministry of Transportation and Communications and the General Regulation of the Telecommunications Act, approved by Supreme Decree No. 020-2007-MTC.

11.3.9. Delivery of the financial economic model that supported the Economic Proposal, including the economic and financial indicators that justify it. The model must be submitted in some electronic mean of storage, in Excel format, unencrypted and without access restrictions.

11.3.10. Presentation of an AFFIDAVIT of the CONTRACTED, whereby is ratified that the declarations and documentation submitted in Envelope No. 1, Envelope No. 2 and the ECONOMIC PROPOSAL are in force. Said information will be provided by the CONTRACTED according to Form N° 2 of Annex N° 12 of the BID TERMS.

11.3.11. Delivery of the Informative Certificate of Not Been Disqualified to participate in processes of selection or to contract with the State of the Republic of Peru issued by the OSCE regarding the AWARDEE or, in case of CONSORTIUM, of the members that compose it.

11.3.12. Delivery of the GUARANTEE OF PERFORMANCE BOND OF THE FINANCING CONTRACT and the GUARANTEE OF ADVANCEMENT by the CONTRACTED. The models of these documents are in Annexes Nº 10 and Nº 11 respectively.

11.3.13. Subscription of the FINANCING CONTRACT by the FITEL and the LEGAL REPRESENTATIVES of the CONTRACTED, in 3 copies.

11.3.14. Return by ProInversión of the GUARANTEE OF VALIDITY, EFFECTIVENESS AND SERIOUSNESS OF THE PROPOSAL referred in Section 7.1. of the BID TERMS.

11.3.15. Delivery by the CONTRACTED of an AFFIDAVIT whereby it assumes the responsibility of the compliance of the contractual obligations of the subcontractors that is used for the execution of the AWARDED PROJECT .Said information will be provided by the CONTRACTED according to Form N° 3 of Annex N° 12 of the BID TERMS.

11.3.16. In case of documents, issued or granted abroad, that have been submitted in Envelope Nº 1 in simple copy or without greater formality, they must be submitted legalized before the Consulate of Peru that is competent and endorsed by the Ministry of Foreign Affairs of Peru; said documents may also be submitted complying the formality indicated in Section 4.3.1.

11.4. Performance Bond of the Financing Contract

11.4.1. With the purpose to guarantee all and each one of the obligations of the CONTRACTED according to the FINANCING CONTRACT, he must deliver to


the COMMITTEE on the CLOSING DATE a PERFORMANCE BOND OF THE FINANCING CONTRACT, equivalent to ………….. (……………..%) of the FINANCING of the ACCESS NEWORK. The percentage will be communicated by the COMMITTEE through CIRCULAR.

11.4.2. This guarantee shall be constituted by a letter of guarantee issued by a LOCAL BANKING COMPANY or LOCAL INSURANCE COMPANY or by an INTERNATIONAL FINANCIAL ENTITY. If the case is a guarantee issued by an INTERNATIONAL FINANCIAL INSTITUTION, it is required that the same is confirmed by a LOCAL BANKING COMPANY, as detailed in Annex No. 2 of these BID TERMS. The guarantee must be jointly, unconditional, irrevocable, without benefit of excussio or division and automatically enforceable, effective from the CLOSING DATE. The PERFORMANCE BOND OF THE FINANCING CONTRACT will be renewed annually and will remain in effect under the terms of the FINANCING CONTRACT.

The model of said letter of guarantee is recorded in Annex Nº 10.

11.5. Execution of the Guarantee of Validity, Effectiveness and Seriousness of the Proposal

11.5.1. If the AWARDEE fails to comply any of its obligations foreseen for the CLOSING DATE indicated in Sections 11.3. and 11.4. of the Bid Terms, the COMMITTEE shall leave without effect the GRANTING OF THE AWARD and shall dispose the execution of the GUARANTEE OF VALIDITY, EFFECTIVENESS AND SERIOUSNESS OF THE PROPOSAL of the SUITABLE BIDDER, immediately and without need of prior notice to the AWARDEE. The execution of said guarantee does not limit or restricts any other right that might have ProInversión before the AWARDEE who failed to comply its obligations foreseen in Sections 11.3. and 11.4. of the BID TERMS.

11.5.2. In the cases indicated in the preceding paragraph, the COMMITTEE, and in accordance with indications made in Sections 9.3.4 and 9.3.5, at its sole criterion, may grant the award to the SUITABLE BIDDER who submitted the following BEST PROPOSAL; or proceed to the next call, and so on; or modify totally or partially the BID TERMS and call to a new bid; and/or adopt other decision that deems convenient.

11.5.3. The COMMITTEE, in case of granting the award to the SUITABLE BIDDER with the next BEST PROPOSAL, shall notify such proposal, communicating its decision to declare it the new AWARDEE, also informing the closing procedure and the date, hour and place when it shall be held considering also indications made in the penultimate paragraph of Section 9.2.5 of these BID TERMS.

11.5.4. Without prejudice of the provisions of this Section, ProInversión and/or the COMMITTEE may initiate all the legal actions permitted by the APPLICABLE LAWS as direct or indirect consequence of the breach of the original AWARDEE or the new AWARDEE.

11.6. Guarantee of Advancement


11.6.1. With the purpose to guarantee the correct use of the first disbursement in favor of the CONTRACTED, according to the provisions set forth in the FINANCING CONTRACT, it shall deliver to the COMMITTEE on the CLOSING DATE a GUARANTEE OF ADVANCEMENT, according to the provisions set forth in the FINANCING CONTRACT.

11.6.2. Said guarantee will be constituted by a letter of guarantee issued by a LOCAL BANKING COMPANY or LOCAL INSURANCE COMPANY or INTERNATIONAL FINANCIAL ENTITY according what is detailed in Annex Nº 2 of these BID TERMS, that must be jointly, unconditional, irrevocable, without benefit of excussio, or division and automatically enforceable, effective since the CLOSING DATE until the end of the INVESTMENT PERIOD of the ACCESS NETWORK. FITEL may provide the mandatory extension of the referred guarantee, and the CONTRACTED should renew it for the terms provided for said purpose.

The model of letter of guarantee is in Annex Nº 11.

11.7. Entry into force of the Financing Contract

The FINANCING CONTRACT will entry into force and shall have full legal effects on the CLOSING DATE, after it is subscribed by the legal representative of the FITEL. The CLOSING DATE will be identified for all purposes as the date on which the FINANCING CONTRACT is subscribed.

12. FINAL PROVISIONS

12.1. Applicable Laws

These BID TERMS, the documents that integrate them and the FINANCING CONTRACT will be governed and construed according to the APPLICABLE LAWS, indicated in Section 1.4. of the BID TERMS.

12.2. Jurisdiction and Competence

12.2.1. The acquirers, BIDDERS, SHORTLISTED BIDDERS, SUITABLE BIDDERS, the PERSONS who are members of CONSORTIA, the AWARDEE and the CONTRACTED are submitted and irrevocably accept the jurisdiction and competence of judges and courts of the city of Lima, Peru, to solve any of the conflicts that might arise among them with regard to these BID TERMS, making express and irrevocable waiver to any diplomatic claim, and to any right to initiate actions of any nature before any other jurisdiction.

12.2.2. Shall not be applicable any provision that modifies, alters or cuts the right of the MTC, the FITEL, ProInversión, the COMMITEE, to initiate any judicial action, arbitral or to execute a judgment or award obtained in Peru, before judges and courts of other jurisdictions, waiving the acquirers, the SHORTLISTED BIDDERS, SUITABLE BIDDERS, the CONTRACTED and the PERSONS who are members of CONSORTIA and the AWARDEE, to invoke or exercise any immunity or privilege that they might have right in said jurisdictions, without reserve or limitation, accepting from now and for the participating in the BID, the election of the jurisdiction or alternative jurisdictions made by the MTC, FITEL, ProInversión and the COMMITTEE, as appropriate.


ANNEX Nº 1 OF THE BID TERMS

NON DISCLOSURE AGREEMENT Reference: Sections 1.3.7. and 3.2.2. of the BID TERMS

Lima, ……… ………………… 20……

Messrs.ProInversión Committee in Projects of Energy and Hydrocarbons– PRO CONECTIVIDADAgency for Promotion of Private Investment - ProInversiónPresent.-

Reference: Public Tender for the execution of the Projects “Broadband Installation for Comprehensive Connectivity and Social Development of the Tumbes Region”, “Broadband Installation for Comprehensive Connectivity and Social Development of the Piura Region”, “Broadband Installation for Comprehensive Connectivity and Social Development of Cajamarca Region” and “Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region.”

...................................(name of BIDDER) duly represented by its........................... (position of the undersigned), Mr. ....................... (name of the undersigned), identified with............,N°………….. with domiciled at................., we hereby express our interest to access to the DATA ROOM that the COMMITTEE makes available, according to the BID TERMS of the Public Tender of the reference.

In this sense, we are committed to keep confidentiality regarding all the information obtained in the DATA ROOM, to do not disclose any material or information to third persons without the previous written authorization of the COMMITTEE, to do not use the information for any other purpose that is not related with the process of the BID and to do not use the information in any manner that might generate conflicts with the interests of the State of the Republic of Peru, its officers or agencies, MTC, the FITEL, its officers or agencies, ProInversión and the COMMITTEE.

The materials obtained in the DATA ROOM shall be only put at the disposal of our personnel, executives and consultants, for reasons related with the process of the BID. Said personnel shall know this agreement and is equally obliged to keep confidentiality regarding the aforementioned information. We shall take all the actions that were reasonable to prevent the dissemination of any information to any person, without the previous written consent of the COMMITTEE.

Any license or right have been or will be granted to our advisors with relation to the disposal of any information comprised in this agreement.

We accept that neither the State of the Republic of Peru, its officials or agencies, the MTC, FITEL, its officials or agencies, or ProInversión or the Committee or its advisors or members, are declaring or guaranteeing, expressly or implicitly, the accuracy, reliability or completeness of the information made available to us and that none of these parties or their respective directors, officers, employees or agents shall be liable to us or to any other person resulting from the use of such information and/or materials. We accept to make our own decisions regarding the information made available to us and


acknowledge that we will not depend or are induced by such information when deciding our intention in relation to the bidding process.

We accept that any of the information provided, no material, discussion, negotiation or other related issues constitute an offer by the COMMITTEE or on their behalf, and not serve as a basis or will be considered in connection with any agreement, except when it has been explicitly agreed in writing with the COMMITTEE.

At the request of the COMMITTEE we accept to return all copies of all documents that were made available to us, or available to our representatives or advisors.

Also we accept that the COMMITTEE does not agree or is obliged to provide access to additional information or to update the information and materials available or correct any inaccuracies that may appear.

This agreement shall not apply to information that: (i) on the date on which it was disclosed to us or our consultants was of public knowledge or any time after that is of public knowledge (except that object of the failure of this agreement by us or our advisors), or (ii) on the date, is legally in our power and, therefore, is not subject to confidentiality agreement.

The rights and obligations established in this document will be governed and construed according to the provisions set forth by the Peruvian laws and the parties agree to irrevocably submit to the jurisdiction and competence of judges and courts of Lima, Peru.

In agreement with all the terms and conditions of this NON DISCLOSURE AGREEMENT we sign and deliver a copy to the COMMITTEE.

Legalized signature: …………………………

Name: …………………………(Legal Representative of BIDDER or Authorized Agent and/or acquirer)

Entity: …………………………(BIDDER)



Reference: Sections 1.3.41

APPÉNDIX Nº 1

INTERNATIONAL FINANCIAL ENTITIES AUTHORIZED TO ISSUE THE GUARANTEES ESTABLISHED IN THE BID TERMS

Any of the first category foreign banks, included in the list approved by the Central Reserve Bank of Peru through Circular Nº 026-2015-BCRP dated June 25, 2015, or regulation that replaces it (http://www.bcrp.gob.pe/docs/Transparencia/Normas-legales/Circulares/2015/circular-026-2015-bcrp.pdf).

Any multilateral credit institution from which the State of the Republic of Peru is member.

Any international financial institution with investment level, which has a risk rating not less than the rating of Peruvian sovereign debt related to foreign currency and long term assigned by the international credit rating agencies to rank the Republic of Peru.

In case of a guarantee issued by an INTERNATIONAL FINANCIAL ENTITY, shall be required that it is confirmed by a LOCAL BANKING COMPANY and said confirmation undertakes it to issue the corresponding guarantee.


http://www.bcrp.gob.pe/docs/Transparencia/Normas-legales/Circulares/2015/circular-026-2015-bcrp.pdf

http://www.bcrp.gob.pe/docs/Transparencia/Normas-legales/Circulares/2015/circular-026-2015-bcrp.pdf


Reference: Sections 1.3.37

APPENDIX Nº 2

LOCAL BANKING COMPANIES AND LOCAL INSURANCE COMPANIES AUTHORIZED TO ISSUE THE GUARANTEES ESTABLISHED IN THE BID TERMS

LOCAL BANKS

The national banks authorized to issue letters of guarantee will be those who hold a minimum grade of CP-1 category 1 or CLA-1 EQL-1 for short-term obligations; A for financial strength; and AA for long-term obligations.

These classifications must be valid at the time of presenting the letters of guarantee and be granted by at least two rating risk agencies recognized and accredited in Peru.

LOCAL INSURANCE COMPANIES

Insurance companies authorized by the Superintendence of Banking and Insurance and AFP, to issue bonds and that on the date of issuance thereof have a minimum A rating for financial strength.

These classifications must be valid at the time of presenting the letters of guarantee and be granted by at least two rating risk agencies recognized and accredited in Peru.


ANNEX Nº 3 OF THE BID TERMS CONTENT OF ENVELOPE Nº 1

Reference: Section 5.1.3 of the BID TERMS Form Nº 1: Affidavit of Submission of Reliable Information

Messrs.ProInversión Committee in Project of Energy and Hydrocarbons– PRO CONECTIVIDADAgency for Promotion of Private Investment - ProInversiónPresent.-


We hereby declare under oath the following:

That all the information indicated in the submitted documents is reliable.

Place and date: ……… ………………… 20…

Entity ...............................................Name of BIDDER

Name and signature of legal representative (1)

...................................................... ............................Name of legal representative Signature

Name and signature of legal representative (2)

...................................................... ............................Name of legal representative Signature



Form Nº 2: Letter Of Presentation of Technical Requirements for Shortlisting Reference: Section 5.2.1. of the BID TERMS

NATIONAL BIDDER OR ESTABLISHED IN THE COUNTRY

Lima, …………… ……………… 20….

Messrs:ProInversión Committee in Project of Energy and Hydrocarbons– PRO CONECTIVIDADAgency for Promotion of Private Investment– ProInversiónPresent.-


BIDDER : _____________________________________________

OPERATOR : _____________________________________________

I hereby inform you the compliance of the SHORTLISTING REQUIREMENTS of the BID, for which I enclose:

I. Simple copy of the authorizing certificates (1)

(1) Mark with an x or cross in the blank space that corresponds

II. Time of provision of communicated service (2)


Concesión Concesión Única y Registro Licencia Otros títulos habilitantes

Servicios portadoresServicio público de valor añadido de conmutación de datos por paquetes (acceso a Internet)

Servicios públicos finales (telefonía fija, telefonía móvil, etc.)

Tipo de serviciosTÍTULOS HABILITANTES

(2) Write down the number of years of commercial operation that corresponds to the service identified in the preceding table. Example: if the BIDDER marked the public service of distribution of cable broadcasting in the preceding table, he shall write down the number of years of provision in the corresponding column and in the side column, the name of the enclosing documents to support the time of provision of the service.

III. Current Accreditation of the service

N° of payment voucher Accredited service (3)Number Date

Voucher N° 1Voucher N° 2Voucher N° 3Voucher N° 4Voucher N° 5(3) The BIDDERS shall write down the name of the accredited service.

Cordially yours,

BIDDER: …………………………………

Name of LEGAL REPRESENTATIVE: …………………………………..

…………………………………………..Signature of LEGAL REPRESENTATIVE


Tipo de servicios Número de años de operación comercial Nombre de documento sustentatorio que adjunta para acreditar inicio de operaciones comerciales

Servicios portadores

Servicio público de valor añadido de conmutación de datos por paquetes (acceso a Internet)

Servicios públicos finales (telefonía fija, telefonía móvil, etc.)

FOREIGN BIDDER

Lima, …….. ………………… 20……



BIDDER : …………………………………………………

OPERATOR: …………………………………………………..

I hereby inform you the compliance of the SHORTLISTING REQUIREMENTS for which I enclose:

I. Simple copy of the authorizing certificates (1)

(1) Mark with an X or cross in the blank space that corresponds


Concesión Concesión Única y Registro Licencia Otros títulos habilitantes

Servicios portadores osimilares

Servicio público de valor añadido de conmutación de datos por paquetes (acceso a Internet) o similares

Servicios públicos finales (telefonía fija, telefonía móvil, etc.) o similares

Tipo de serviciosTÍTULOS HABILITANTES

II. Time of provision of communicated service (2)

(2) Write down the number of years of commercial operation that corresponds to the service identified in the preceding table. Example: if the BIDDER marked the public service of distribution of cable broadcasting in the preceding table, he shall write down the number of years of provision in the corresponding column and in the side column, the name of the enclosing documents to support the time of provision of the service.

III. AFFIDAVIT

Lima, …… ………………….. 20….

Messrs :ProInversión Committee in Project of Energy and Hydrocarbons– PRO CONECTIVIDADAgency for Promotion of Private Investment– ProInversiónPresent.-

I declare under oath that I am providing the service accredited in Section I, three res (03) months before the date of publication of the BID call.

Name of the LEGAL REPRESENTATIVE……………………………………….

………………………………………….Signature of the LEGAL REPRESENTATIVE

Cordially yours,

Name of LEGAL REPRESENTATIVE: ………………….

_______________________________Signature Of Legal Representative


Tipo de servicios Número de años de operación comercial

Nombre de documento sustentatorio que adjunta para acreditar inicio de operaciones comerciales

Servicios portadores osimilares

Servicio público de valor añadido de conmutación de datos por paquetes (acceso a Internet) o similaresServicios públicos finales o semejantes (telefonía fija, telefonía móvil, etc.)


Reference: Section 5.2.2 OF THE BID TERMS

Form Nº 3: Letter Of Presentation of Financial Information for Shortlisting

Lima, ………. ………………… 20……



BIDDER : ………………………………………

OPERATOR : ………………………………………..

I hereby inform you the compliance of the Financial Requirements of Shortlisting of the BID, according to the following table:

Cordially yours,

Name of LEGAL REPRESENTATIVE: …………………………………

…………………………………………..Signature of LEGAL REPRESENTATIVE


ANNEX Nº 3 OF BID TERMS CONTENT OF ENVELOPE Nº 1

Form Nº 4: Affidavit of Legal Person incorporated and effective

Reference: Subparagraph b. of Section 5.2.4. of the BID TERMS

AFFIDAVIT Reference: Public Tender for the execution of the Projects “Broadband Installation for Comprehensive

Connectivity and Social Development of the Tumbes Region”, “Broadband Installation for Comprehensive Connectivity and Social Development of the Piura Region”, “Broadband Installation for Comprehensive Connectivity and Social Development of Cajamarca Region” and “Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region.”

We hereby declare under oath that …………………….(name of BIDDER) is a legal person duly incorporated under the laws of ………….. (indicate country of origin) and that is in force according to the legal principles applicable to the country of origin (indicate).

Place and date: ............, ..............20……

Entity: …………………………BIDDER

NAME: …………………………Legal Representative of BIDDER

Signature: …………………………Legal Representative of BIDDER



Form Nº 5: Affidavit in case of CONSORTIUM Reference: Subparagraph c. of Section 5.2.4. of the BID TERMS




That........................... (name of each one of the members of the CONSORTIUM) have been associated through a consortium for purposes to participate in the BID.

That............................ (name of member 1 of CONSORTIUM) is a legal person duly incorporated under the laws of ……………...(indicate country of origin) and that is in force according to the legal principles applicable to the country of origin.

That............................ (name of member 2 of CONSORTIUM) is a legal person duly incorporated under the laws of ……………...(indicate country of origin) and that is in force according to the legal principles applicable to the country of origin.

That............................ (name of member 3 of CONSORTIUM) is a legal person duly incorporated under the laws of ……………...(indicate country of origin) and that is is force according to the legal principles applicable to the country of origin.

That ............................ (name of each one of the members of the CONSORTIUM) are jointly and indivisibly responsible before the State of the Republic of Peru, the MTC, FITEL, ProInversión and the COMMITTEE regarding all and each one of the obligations assumed and affidavits submitted by the BIDDER in relation to this bid.

Place and date: …………………, ……… ………………… 20……


Name: …………………………Legal Representative of BIDDER


Entity: …………………………Legal Representative of (Member 1)


Name: …………………………Legal Representative of (Member 1)

Signature: …………………………Legal Representative of (Member 1)









Form Nº 6: Affidavit of Percentages of Participation Reference: Subparagraph d. of Section 5.2.4. of the BID TERMS

AFFIDAVIT


In case of BIDDERS who are not CONSORTIA:

We hereby declare under oath that the percentage of participation of each one of our shareholders or Partners is the following:

Shareholder or partner Percentage of participation in the BIDDER

1.2.3.4.5.TOTAL

In case of BIDDERS who are CONSORTIA (*):

We hereby declare under oath that the percentage of participation of each one of our members is the following:

Members Percentage of participation in the BIDDER

1.2.3.4.5.TOTAL

Place and date: ........................, ............. .................... 20……






Form Nº 7: Affidavit of indirectly acquisition of participation fee Reference: Section 5.2.5. of the BID TERMS




That _______________________________ (name of Bidder), acquired the participation fee through ________________________________ (name of legal person who paid said right), which is ___________________________________________ (as the case may be, place one of our shareholders or Partners or members, or a related company to us or to one of our shareholders or Partners or members, or a third party that transferred its participation fee through assignment of rights).

Place and date: .............., ...... ..................... 20……

...............................................Name of Bidder

.............................................................Name of Legal Representative of Bidder

............................................................SIgnature of Legal Representative of Bidder

If there is assignment of the participation fee, the grantor should also subscribe this declaration:

...............................................Name of Grantor

.............................................................Name of Legal Representative of Grantor

............................................................Signature of Legal Representative of Grantor



Form Nº 8: Affidavit to be enabled to contract with the State Reference Section 5.2.7. of the BID TERMS



We hereby declare under oath that, [.......................................... (name of BIDDER)], [...........,....... and ...... (the members of the CONSORTIUM)]:

a. We are not administratively sanctioned with temporary or permanent disqualification from exercising our rights to participate in selection processes summoned by the State of the Republic of Peru, or to contract with the State of the Republic of Peru.

b. It has not been resolved by event of default, a contract with the State of the Republic of Peru, with the Ministry of Transportation and Communications and/or the FITEL, signed under the framework of the promotion of private investment referred in the TUO of Concessions approved by Supreme Decree No. 059-96-PCM, Law No. 28059, Framework Law for the Promotion of Decentralized Investment or Legislative Decree No. 1012, Framework Law of Public-Private Partnerships for the generation of productive employment and lays down rules for speeding up the process of promoting private investment or under the Legislative Decree No. 674.

c. We are not under the prohibitions set out in Article 1366º of the Civil Code and/or applicable to the limitations noted in the Supplementary Provision and Final of Law No. 30283 and Article 3 of the Law, Law No. N ° 28670.

Place and date: …………………, ……… …………………… 20……






Form Nº 9: Affidavit of Waiver to diplomatic immunity or claim Reference Section 5.2.8. of the BID TERMS



We hereby declare under oath that …………………(name of BIDDER), and its shareholders or Partners or members, and the shareholders and Partners of these latter, if appropriate, waive to the following:

In case the Bidder is a Consortium, the previous paragraph is replaced by the following:

We hereby declare under oath that ....................................................... (name of Bidder), and its members and shareholders or partners of these latter waive to the following:

In case the Bidder has its shares listed in the stock Exchange, the first paragraph will be replaced by the following:

We hereby declare under oath that ............................. (name of Bidder), and its shareholders with more than 5% of participation in the share capital waive to the following:

In case that the Bidder is a consortium integrated by corporations that have listed their shares in the stock exchange and corporations that do not have listed their shares in the stock exchange, the previous paragraph will be replaced by the following:

We hereby declare under oath that ............................. (name of Bidder), and its members ……………………… (name of corporations that do not have listed their shares in the stock exchange), and shareholders and Partners of these latter, and its members ………………………(name of corporations that have listed their shares in the stock exchange), and its shareholders with more than 5% of participation in the share capital, waive to the following:

1. to invoke or exercise any privilege or diplomatic immunity or of any other kind.

2. To submit any claim by diplomatic channel and to any compensation or other with relation to any claim that might be invoked for or against the State of the Republic of Peru, the MTC, the FITEL, ProInversión, the COMMITTEE, its members and advisors, under the Peruvian law or under any other legislation with relation to our


obligations regarding the BID TERMS, the TECHNICAL PROPOSAL, ECONOMIC Proposal and the FINANCING CONTRACT.

Place and date: ……………………, ……… ………………… 20……






Form Nº 10: Affidavit of Advisors of Bidder Reference Section 5.2.9. of the BID TERMS

AFFIDAVIT


We hereby declare under oath that our legal, technical and financial advisors have not directly provided no services in favor of the MTC, the FITEL, ProInversión or the Committee in the past year and during the course of this bid, either full-time, part-time or temporary type, in connection with this process of promoting private investment.

Place and date: ........ , ....... ........... 20……






Form Nº 11: Affidavit of No participation in another BIDDER in the same PROJECT Reference Section 5.2.10. of the BID TERMS

DECLARACIÓN JURADA


We hereby declare under oath that ………………………(name of BIDDER), its shareholders, Partners or members, neither the shareholders or Partners of these latter in case of CONSORTIUM, do not have direct or indirect participation in any other BIDDER for the same PROJECT.

Place and date: ………………, ……… ………………… 20……






Form Nº 12: Affidavit – No participation in another BIDDER in the same PROJECT (Applicable for corporations that have listed their shares in the Stock Exchange)

Reference Section 5.2.10. of the BID TERMS

DECLARACIÓN JURADA


We hereby declare under oath that .................. .. (name of Bidder) and its shareholders, or partners do not have direct or indirect participation in any other BIDDER in the same project, which exert control of management or any of its members in case of CONSORTIUM, as provided in the Regulations on Indirect Ownership, Relationship and Economic Group approved by CONASEV Resolution No. 090-2005-EF-94.10 amended by CONASEV Resolution No. 005-2006-EF 94.10.

In case the BIDDER is a CONSORTIUM, the previous paragraph will be replaced by the following:

We hereby declare under oath that ........................................ ...... (name of Bidder), its members and shareholders or partners of the latter have no direct or indirect participation in any other Bidder in the same project where exercising control or management of any of its members in case of a consortium under the provisions of the Regulations on Indirect Ownership, Relationship and Economic Group approved by CONASEV Resolution No. 090-2005-EF-94.10 amended by CONASEV Resolution No. 005-2006-EF-94.10.

Place and date: ………………………., ……… ………………. 20……






Form Nº 13: Affidavit of Verification of availability of radio electric spectrum Reference Section 5.2.11 of the BID TERMS

AFFIDAVIT


We hereby declare under oath that .............................. .. (name of the bidder) have visited at least once the General Direction of Concessions in Communications (GDCC) of the MTC and have made inquiries on the feasibility of using radio electric spectrum bands that we will propose in our Technical Proposal. Furthermore, we declare that we have reviewed the Peruvian National Frequency Allocation Plan (PNFAP) and we have made the respective consultations, in case we have had, to the GDCC of the MTC.

Place and date: ………………………., …………………. 20……






Form Nº 14: Affidavit of Commitment of incorporation in case of CONSORTIUM Reference: Section 5.2.12. of the BID TERMS

AFFIDAVIT



1.- That......................................... (name of each one of the members of the CONSORTIUM) have been associated through a consortium for purposes to participate in this BID (in case of a CONSORTIUM).

2.- That , we have signed a commitment of intention to be incorporated in a legal person with domicile in the Republic of Peru and a minimum share capital subscribed of ………………… American Dollars (US$ …………………), from which an amount not less than …………….. American Dollars (US$ …………………) must be paid in cash on the date of incorporation; and complete the ………………… American Dollars (US$ …………………) at the end of the second year of effectiveness of the FINANCING CONTRACT,according to the legal regulations in force.

3.- The legal person to be incorporated shall have as purpose the provision of the public telecommunication services. In that sense, its social purpose will be the aforementioned described.

4.- That if we are the AWARDEE, we are committed to deliver the corresponding testimony of Public Deed of incorporation of the corporation with the corresponding certificate of its registration in the Registry Office that corresponds or the certificate that credits the entry of the notarial certificates in the mentioned Registry, on the CLOSING DATE indicated in the BID SCHEDULE.

In that sense, we know and accept that the breach of this commitment may be taken into account to leave without effect the GRANTING OF THE AWARD granted in our favor.

Place and date: ........., ........... 20……






Form Nº 15: Affidavit in case to have applied to the Simplification Mechanism Reference: Section 5.5.2. of the BID TERMS

DECLARACIÓN JURADAReference: Public Tender for the execution of the Projects “Broadband Installation for Comprehensive


We hereby declare under oath that the documentation submitted in _________________ (indicate the process in which the BIDDER participated) (*) for purposes to obtain our qualification as BIDDER, (or as member of a consortium), on the date of subscription of this which is fully in force, not having made any variation.

The documentation referred is the following:

1. (list)2.3.4.

Cordially yours,




(*) Indicate the process carried out by ProInversión during the last two (02) years on the date of submission of qualification documents to this BID.



Form Nº 1: Affidavit of Effectiveness of Information Reference: Section 7.1. of the BID TERMS

AFFIDAVIT



1. That the information, declarations, certification and, in general, all the documents submitted in Envelope Nº 1, remain in force on the date and shall remain as such until the CLOSING DATE.

2. That we do not have direct or indirect participation in any other SHORTLISTED BIDDER or member thereof.

Place and date: ……………………, … ………………… 20……

Entity: …………………………SHORTLISTED BIDDER

Name: …………………………Legal Representative of SHORTLISTED BIDDER

Signature: …………………………Legal Representative of SHORTLISTED BIDDER



Form Nº 2: Model of GUARANTEE OF VALIDITY, EFFECTIVENESS AND SERIOUSNESS OF THE PROPOSAL

Reference: Section 7.1. of the BID TERMS

Lima, ............. ................ 20……

Messrs.Agency for Promotion of Private Investment ProInversiónPresent.-

Ref. : Letter of Guarantee No ..............................

Expiration: .................................

Of our consideration:

We hereby and upon request of our customers, Messrs....................................... ..... (name of SHORTLISTED BIDDER) we set up this joint, irrevocable, unconditional and automatically executable bond without benefit of excussio or division, up to the amount of ....................................... ...... and ............ / 100 US Dollars (US $ ..................................) in favor of ProInversión to guarantee the Validity, Effectiveness and Seriousness of the technical proposal and Economic Proposal submitted by our client, according to the terms and conditions set forth in the BID TERMS of public tender for the execution of Projects "Broadband Installation for Comprehensive Connectivity and Social Development of the Tumbes Region, ""Broadband Installation for Comprehensive Connectivity and Social Development of the Piura Region, ""Broadband Installation for Comprehensive Connectivity and Social Development of the Cajamarca Region "and"Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region”.

Also, we record that this guarantee will be effective if our client is awarded a contract by the committee and does not meet its obligations on the CLOSING DATE of the aforementioned BID.

To honor this guarantee for you will suffice a notarial requirement through the Executive Director of ProInversión or the person acting for him, in our offices located at.......................................

Any delay on our part to honor it shall accrue an interest equivalent to LIBOR rate plus a spread of 3% per annum, shall accrue interest from the date of the request to honor until the effective payment date.

Our obligations under this guarantee are not affected by any dispute between you and our clients.

The effectiveness term of this guarantee will begin on the date of submission of the ECONOMIC PROPOSAL and until..... ..................... ........


The terms used in this guarantee shall have the same meaning that the terms defined in the BID TERMS.

Cordially yours,

Signature: …………………………

Name: …………………………

Entity : …………………………



Form Nº 3: Summary of TECHNICAL SPECIFICATIONS OF THE TRANSPORTATION NETWORK AND THE

ACCESS NETWORK OF THE PROJECT3



SHORTLISTED BIDDER: ________________________

PROJECT:_“Broadband Installation for Comprehensive Connectivity and Social Development of the Region. . . . . . . . .”

(The BIDDER shall consider this form, free, at its own style, with the summary of the TECHNICAL SPECIFICATIONS of the TRANSPORTATION NETWORK and the proposed ACCESS NETWORK).

3The SHORTLISTED BIDDER shall fill this form for each project that submits its TECHNICAL PROPOSAL (CAJAMARCA PROJECT or CUSCO PROJECT or TUMBES-PIURA PROJECT).



Form Nº 4: Replies to TECHNICAL SPECIFICATIONS of the ACCESS NETWORK and the

TRANSPORTATION NETWORK of the PROJECT4



SHORTLISTED BIDDER: ________________________

PROJECT:“Broadband Installation for Comprehensive Connectivity and Social Development of the Region. . . . . . . . .”

The information contained in this Annex complies or exceeds the technical requirements requested in the BID TERMS.

TECHNICAL SPECIFICATIONS OF THE PROJECT(Consider all Sections of Annex Nº 8 of the BID TERMS, even if they were redundant, responsibility of third parties or declarative or enunciative matters)

COMPLIANCE

Number of page of the TECHNICAL

PROPOSAL of the BIDDER where is

shown the description of

compliance1. INTRODUCTION2. GENERAL ASPECTS OF THE PROJECT

2.1. Beneficiary localities2.2. Services

Continue other items………………

3. SPECIFICATIONS OF SERVICESContinue other ítems ………………

And so on, a reply is required of compliance for all Sections of Annex 8 of the BID TERMS (TECHNICAL SPECIFICATIONS OF THE PROJECT).

4. ELABORATION OF CONTENTS, 4The SHORTLISTED BIDDER shall fill this form for each PROJECT that submits its TECHNICAL PROPOSAL (CAJAMARCA PROJECT or CUSCO PROJECT or TUMBES-PIURA PROJECT).


TECHNICAL SPECIFICATIONS OF THE PROJECT(Consider all Sections of Annex Nº 8 of the BID TERMS, even if they were redundant, responsibility of third parties or declarative or enunciative matters)

COMPLIANCE

Number of page of the TECHNICAL

PROPOSAL of the BIDDER where is

shown the description of

complianceTRAINING, DISSSEMINATION AND AWARENESS

4.1. General AspectsContinue other ítems ………………

Continue other ítems ………………

5. ABOUT THE IMPLEMENTATION OF THE AWARDED PROJECTContinue other ítems ………………

6. ABOUT THE SUPERVISION OF THE AWARDED PROJECTContinue other ítems ………………7. OBLIGATION TO SAFEGUARD THE SECRET OF TELECOMMUNICATIONSContinue other ítems ………………8. EASEMENTSContinue other ítems ………………

9. APPÉNDICES

Place and date: ………………………. ………………. 20……





Form Nº 5: Referential Program of Maintenance of the ACCESS NETWORK OF THE PROJECT5



SHORTLISTED BIDDER: __________________

PROJECT:“Broadband Installation for Comprehensive Connectivity and Social Development of the Region. . . . . . . . .”

1) Description of infrastructure, equipment and technical support

Equipment that the BIDDER shall assign for the technical support of the AWARDED PROJECT:

NAME OF EQUIPMENT, MACHINERY, HARDWARE, TOOLS, TRANSPORTATION

EQUIPMENT, ETC.

BRAND YEAR

Infrastructure

PREMISE /WORKSHOP

LOCATION OWN(Yes or No)

CONTRACT EXPIRATION (1)

(1) Fill only in case of rented premise 5The SHORLISTED BIDDER shall fill this form for each PROJECT that submits its TECHNICAL PROPOSAL (CAJAMARCA PROJECT or CUSCO PROJECT or TUMBES-PIURA PROJECT).


Personnel foreseen for Maintenance and Operation

NIVEL PROFESIONAL CANTIDAD DE PERSONAL

ACTIVIDAD EN EL PROYECTO

2) Description of the Plan of preliminary implementation of the Centers of Operation and Maintenance that are considered more adequate for the AWARDED PROJECT, indicating the quantity and location of the Centers of Operation and Maintenance, according to the provisions of the TECHNICAL SPECIFICATIONS of the PROJECT.

3) Description of the Referential Program of Maintenance, according to the provisions set forth in the TECHNICAL SPECIFICATIONS of the ACCESS NETWORK of the PROJECT: shall consider the performance of the PREVENTIVE MAINTENANCE and the CORRECTIVE MAINTENANCE of the ACCESS NETWORK, taking into account the recommendations of the manufacturers and suppliers of infrastructure and equipment, and their experience as operators.

Place and date: ………………………. ………………. 20……





Form Nº 6: Affidavit guaranteeing that the equipment of the project will be new6


AFFIDAVIT


We hereby declare under oath that the equipment for the implementation of the project: “Broadband Installation for Comprehensive Connectivity and Social Development of the Region. . . . . . . . .” will be new and manufactured with processes and materials of high quality.

Cordially yours,



Signature : …………………………Legal Representative of SHORTLISTED BIDDER

6The SHORTLISTED BIDDER shall fill this form for each PROJECT that submits its TECHNICAL PROPOSAL (CAJAMARCA PROJECT or CUSCO PROJECT or TUMBES-PIURA PROJECT).



Form Nº 7: AFFIDAVIT of not exceeding the time of the INSTALLATION STAGE OF THE PROJECT7.


AFFIDAVIT


In case the SHORTLISTED BIDDER submits the TECHNICAL PROPOSAL for the CUSCO PROJECT or TUMBES-PIURA PROJECT, he shall include the following paragraph:

We hereby declare under oath that the INSTALLATION STAGE of the project “Broadband Installation for Comprehensive Connectivity and Social Development of the Region. . . . . . . . .”[Indicate if it is Cusco or Tumbes-Piura] shall not be higher than twelve (12) months.

In case the BIDDER submits the TECHNICAL PROPOSAL for the CAJAMARCA PROJECT the previous paragraph shall be replaced by the following:

We hereby declare under oath that the INSTALLATION STAGE of the project “Broadband Installation for Comprehensive Connectivity and Social Development of the Cajamarca Region” will not be higher than fifteen (15) months.

Cordially yours,




7The SHORTLISTED BIDDER shall fill this form for each PROJECT that submits its TECHNICAL PROPOSAL (CAJAMARCA PROJECT or CUSCO PROJECT or TUMBES-PIURA PROJECT).



CONTENT OF ENVELOPE Nº 3

Form N° 1: LETTER OF PRESENTATION OF ECONOMIC PROPOSAL

(Form for Assessment of ECONOMIC PROPOSALS of SUITABLE BIDDERS)Reference: Section 7.2. of the BID TERMS

Lima, …..………………. 20….

Messrs.ProInversión Committee in Project of Energy and Hydrocarbons PRO CONECTIVIDADAgency for Promotion of Private Investment - ProInversiónPresent.-


PROJECT: “Broadband Installation for Comprehensive Connectivity and Social Development of the Region. . . . . . . . . .”

SHORTLISTED BIDDER: ……………………………………

Dear Sirs:

According to the BID TERMS and to all the information contained thereof, we submit our ECONOMIC PROPOSAL OF THE PROJECT8………..., in the following terms:

8 Indicate the PROJECT for which is submitting its ECONOMIC PROPOSAL (CAJAMARCA PROJECT or CUSCO PROJECT or TUMBES-PIURA PROJECT).


(1) The figures in Soles shall be written with a maximum of two (02) decimals.

(2) The figures will be written with a maximum of two (02) decimals.(3) The amount of the required financing is equal to the sum of the amount of required financing for the

TRANSPORTATION NETWORK and the amount of required financing for the ACCESS NETWORK.


FACTOR DE COMPETENCIA UNIDADES EN LETRAS EN NÚMEROS

LOCALIDADES BENEFICIARIAS ADICIONALES

Número

TABLETAS Número

Acceso a Internet libre depago en plaza principal deLOCALIDADES BENEFICIARIAS

Número

500 Kbps

1 Mbps

1.5 Mbps

3 Mbps

OFERTA TÉCNICA

Tarifas Tope en NuevosSoles, de acceso a Internetpara PERSONAS diferentesa las Instituciones Públicasa que hace referencia elartículo 1° de la Resoluciónde Consejo Directivo N° 004-2015-CD/OSIPTEL (1)

FACTOR DE COMPETENCIA UNIDADES EN LETRAS EN NÚMEROSMonto de FinanciamientoRequerido (3)

US$

Monto de FinanciamientoRequerido para la RED DETRANSPORTE

US$

Monto de Financiamiento Requerido para la RED DE ACCESO

US$

OFERTA ECONÓMICA (2)

Días calendario UNIDADES EN LETRAS EN NÚMEROS

Número dedías calendario de reducción

Días calendario

Bono por Adelanto de Ejecución de la ETAPA DE INSTALACIÓN

We declare that the ECONOMIC PROPOSAL will be valid and firm for a minimum period of one hundred and fifty (150) days, counted since the date of the reception act of Envelopes Nº 2 and Nº 3 and opening of Envelopes Nº 2, and we are committed to extend it compulsorily if the COMMITTEE provides it.

We accept that this ECONOMIC PROPOSAL is incorporated to the FINANCING CONTRACT in all its terms and conditions without any exception and that it has the nature of an affidavit.

Cordially yours,

Entity : ……………………………………SHORTLISTED BIDDER

Name : …………………………………………….Legal Representative of SHORTLISTED BIDDER

Signature : …………………………………….Legal Representative of SHORTLISTED BIDDER

Note: If there is any discrepancy between a figure expressed in numbers and in letters, shall prevail the amount expressed in letters.



Model of Letter of Guarantee of Challenge of the Award

Reference: Section 9.3.2. of the BID TERMS

Lima, ........ .................. 20……

Messrs.Agency for Promotion of Private Investment ProInversiónPresent.-

Ref. : Letter of Guarantee Nº ..............................

Expiration: ....................................


We hereby and upon request of our customers, Messrs ................................. (name SHORTLISTED BIDDER who submits the appeal for reconsideration) set up joint, irrevocable, unconditional and automatically enforceable bond without benefit of excussio or division up to the amount of ....................................... and ...... / 100 Dollars of the United States of America (US $ ..............................) in favor of ProInversión to ensure our secured in the payment of that amount in any of the cases mentioned in the fourth paragraph of the letter of guarantee.

This bond will have a term of sixty (60) business days from the filing of the challenge; and will be effective if the challenge filed were declared groundless or inadmissible ultimately by the Board of ProInversión.

We expressly understand that this guarantee may be executed by ProInversión according to the provisions of Article 1898 of the Peruvian Civil Code.

It expressly agrees that to proceed to honor this bond, it is sufficient a simple request made through a notary public by the Executive Director of ProInversión or the person replacing him, in our offices, located at the address lines below, and in which is expressed that the challenge filed in the Public Tender for the execution of the projects "Broadband Installation for Comprehensive Connectivity and Social Development of the Tumbes Region," "Broadband Installation for Comprehensive Connectivity and Social Development of the Piura Region" "Broadband Installation for Comprehensive Connectivity and Social Development of the Cajamarca Region"and"Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region", have been declared unfounded or inadmissible by the Board of ProInversion; or having obtained resolution to that effect from the COMMITTEE, it was not appealed.

We are committed to pay you the total amount of the bond within a maximum term of twenty four (24) hours, counted since the date of reception of the corresponding notarial letter of requirement.


Any delay on our part in honoring it shall give rise to the payment of interest for you to be calculated on the LIBOR rate plus a spread of 3.0% and shall accrue interests from the date on which it demanded the honoring of this guarantee.

Cordially yours,

_______________SIGNATURE AND SEAL

Name of entity that issues the guarantee:Entity address:



Guide of Users of DATA ROOM Reference: Section 3.2. of the BID TERMS

I. AVAILABILITY

1. Authorized Users

Authorized users to access the Data Room are those representatives of companies that have acquired the BID TERSM and have been adequately submitted and identified with the administration of the DATA ROOM, with the properly filled out forms.

2. Capacity and services

The DATA ROOM will have one (01) meeting room with a maximum capacity of attention for six (06) people. Users, apart from all available documentation, will have easier access to printer, copier, telephone, fax and other services to facilitate their work.

3. Hours of Operation

The hour of operation of the DATA ROOM will be from 9:00 a.m. to 13:30 hours and from 15:00 to 18:30 hours, from Monday to Friday.

4. Procedure for attention

The purchaser or BIDDER who wishes to use the DATA ROOM must sign the NON DISCLOSURE AGREEMENT and apply using the appropriate form, indicating its hours preferences, time that will be used and who will attend. Coordination of DATA ROOM will respond to the request according to availability and to a criterion of fairness and balance.

All documents and services will be required by the appropriate forms and coordination of DATA ROOM.

II. OFFERED SERVICES

The use of the DATA ROOM is free but the cost of the various services of photocopying, printing, binding, burning files to CD, DVD or USB, phone, fax, refreshments will be charged, etc. Additional services such as blueprints, scanned images, use of Internet and others may eventually be always rendered as had been requested well in advance and will also be charged according to their cost, which will be previously informed by the Coordination of DATA ROOM.


III. FORMS OF USE IN DATA ROOM

It has been included in this Annex Form No. 1 (identification of persons authorized to make use of the DATA ROOM) and Appendix 1 (Table data and stay in the DATA ROOM). These forms must be submitted before the first full day of use of the DATA ROOM, via fax or email, by the representatives of the BIDDER, this is a prerequisite for them to access the information in the DATA ROOM. It is based on the information provided in this format that schedules and reservations using the data room will be developed.

Also are included in this Annex, the following documents:

- Form Nº 2 (Request of multiple services of DATA ROOM), shall be used for services that BIDDERS shall require.

- Form Nº 3 (Request of technical inquiries of DATA ROOM), shall serve for BIDDERS may make written consultations to the technicians responsible of the various issues of the project. . . . . . ..



Form Nº 1: Identification of authorized persons to use DATA ROOM

Lima, .................. 20……

Messrs.ProInversión Committee in Project of Energy and Hydrocarbons– PRO CONECTIVIDADAgency for Promotion of Private Investment - ProInversiónPresent.-


I hereby, .................... (Name of Authorized Agent), in representation of.......................... (name of BIDDER) request you to use the DATA ROOM, during the period of the program of visits that is proposed and for the persons indicated in the table of Appendix 1.

Regarding the procedures for the use of DATA ROOM, we declare to know the procedures that are recorded in the Guide of Users of DATA ROOM - Annex Nº 7 of the BID TERMS.

Equally, we declare to know that the information of DATA ROOM is strictly confidential.

Cordially yours,

______________________ _____________________Name of Representative Identification Document



Appendix Nº 1 of Form Nº 1Table of data and stay in DATA ROOM

Nº Names and Surnames

Identification Document Nationality Period of stay (Indicate date)

123456789

1011121314151617181920



Form Nº 2: Request Of multiple services of DATA ROOM

Request date

Applicant

User

Ref. No. Description of Service Number of Units Quantity

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

Delivery date



Form Nº 3: Request of technical inquiries of DATA ROOM

Date

Data of Applicant

Company:

Name of Applicant:

Position:



Appendix N° 2: List of documents of DATA ROOM

N° DOCUMENT Language DIGITAL Physical Updated

1Feasibility Study of Project: “Broadband installation for

Comprehensive Connectivity and Social Development of

Cajamarca Region”

SPANISH YES YES

2 Feasibility study of project: “Broadband Installation for


Cusco Region”

SPANISH YES YES



Piura Region”

SPANISH YES YES



Tumbes Region”

SPANISH YES YES

5 Report N° 112 -2014-SUNAT/5D0000 SPANISH YES YES

6 Framework Agreement of Interinstitutional Cooperation between FITEL and FONAFE SPANISH YES NO



TECHNICAL SPECIFICATIONS Reference: Section 1.3.42 of the BID TERMS



BID SCHEDULE Reference: Section 1.7. of the BID TERMS

ACTIVITY DATE

BID CALL Saturday, September 05, 2015

BID TERMSPublication of Bid Terms Saturday, September 05, 2015Inquiries to Bid Terms by Bidders Until October 05, 2015Answering inquiries to the Bid Terms Until October 28, 2015

FINANCING CONTRACTPublication of Draft Financing Contract Until September 16, 2015Suggestions to the Draft Financing Contract Until October 15, 2015Publication of Final Version of Financing Contract Until November 19, 2015

QUALIFICATIONPayment for Participation Fee Until October 28, 2015

Submission of Envelopes N° 1 Until October 29, 2015

Announcement of Shortlisted Bidders Until November 11, 2015

SUBMISSION OF PROPOSALS AND AWARDPublication of not refundable financing, guarantees and others.

Until November 12, 2015

Submission of Envelopes N° 2 and N° 3, and opening of Envelopes N° 2

Until November 30, 2015

Opening of Envelopes N° 3 and Award Until December 7, 2015

CLOSING DATE AND SIGNATURE OF FINANCING CONTRACT

Companies incorporated in Peru:Until December 14, 2015

Consortia or companies not incorporated in Peru:

Until December 28, 2015



Model of PERFORMANCE BOND OF THE FINANCING CONTRACT Reference: Section 1.3.54 and 11.3.12 of the BID TERMS

Lima, ___ _____________ 20……

Messrs.INVESTMENT FUND IN TELECOMMUNICATIONS– FITELCity.-

Ref.: Letter of Guarantee No…………..Expiration:......................


We hereby and upon request of our customers, Messrs ......................... (Name of legal person) (hereinafter the CONTRACTED), have issued this joint and several, irrevocable, unconditional and immediate execution without benefit of excussio or division, up to the amount of ......... ..................................... in favor of the Investment Fund in Telecommunications - FITEL, to ensure proper and timely compliance with each and every one of the obligations under the CONTRACTED derived from the FINANCING CONTRACT of the project "Broadband Installation for Comprehensive Connectivity and Social Development of the Region ......" signed under the Public Tender Process organized by ProInversión called Process of Promotion of Private Investment Projects for implementation of projects "Broadband Installation for Comprehensive Connectivity and Social Development of Tumbes Region" "Broadband Installation for Comprehensive Connectivity and Social Development of Piura Region" "Broadband Installation for Comprehensive Connectivity and Social Development of Cajamarca Region" and "Broadband Installation for Comprehensive Connectivity and Social Development of Cusco Region."

To honor this guarantee for you will suffice a written requirement through notarized request of the Investment Fund in Telecommunications - FITEL, which must be signed by the Technical Secretary or any person authorized by this entity. The payment will be made within twenty-four (24) hours of its request in our offices in ...............................

Any delay on our part to honor it shall accrue an interest equivalent to LIBOR rate at six (6) months, plus a spread of 3.0% and interest shall accrue from the date of the request to honor and to effective date of payment.

Our obligations under this bond shall not be affected by any dispute between you and our clients.

This guarantee will be in force since..... ............... 20......, until..... ....... l 20......, inclusive.

Cordially yours,

Signature: ……………………….Name ……………………….Entity ……………………….



Model OF GUARANTEE OF ADVANCEMENT

Reference: Section 11.6.2 of the BID TERMS

Lima, ___ _____________ 20……

Messrs.INVESTMENT FUND IN TELECOMMUNICATIONS– FITELCity.-

Ref.: Letter of Guarantee No…………..Expiration:......................


Hereby and request of our customers, gentlemen ......................... (Name of company) (hereinafter the contract), we have issued this joint and several, irrevocable, unconditional and immediate execution without benefit of excussio or division, up to the amount of ......... ..................................... in favor of the Investment Fund in Telecommunications - FITEL, to ensure correct and timely use of first disbursement in favor of the CONTRACTED derived of the FINANCING CONTRACT of the project "Broadband Installation for Comprehensive Connectivity and Social Development of the region ........." signed under the public tender by ProInversión called Process of Promotion of Private Investment for the execution of projects "Broadband Installation for Comprehensive Connectivity and Social Development of the Tumbes Region," "Broadband Installation for Comprehensive Connectivity and Social Development of the Piura Region" "Broadband Installation for Comprehensive Connectivity and Social Development of the Cajamarca Region" and "Broadband Installation for Comprehensive Connectivity and Social Development of the Cusco Region."

To honor this guarantee in favor of you simply apply a notarial written request through the INVESTMENT FUND IN TELECOMMUNICATIONS - FITEL, which must be signed by the Technical Secretary or any person authorized by this entity. The payment will be paid within twenty-four (24) hours of its request in our offices in ...............................

Any delay on our part to honor it shall accrue an interest equivalent to LIBOR rate at six (6) months, plus a spread of 3.0% and interest shall accrue from the date of the request to honor and to effective date of payment.

Our obligations under this bond shall not be affected by any dispute between you and our clients.

This guarantee shall be in force since.... ............... 20......, until..... ....... l 20......, inclusive.

Cordially yours,

Signature: ……………………….Name ……………………….Entity ……………………….



Form N° 1: AFFIDAVIT ON THE CLOSING DATE



PROJECT: “Broadband Installation for Comprehensive Connectivity and Social Development of the Region ……[specify the name of the region]”

We hereby declare under oath that (specify the name of the CONTRACTED) nor its shareholders or Partners are prevented to contract with the Peruvian State no ris within the limitations established in the APPLICABLE LAWS, according to the provisions established in the BID TERMS of the reference.

Place and date: …………………………………,

Entity: …………………………CONTRACTED

NAME: …………………………Legal Representative of CONTRACTED

Signature: …………………………Legal Representative of CONTRACTED



Form 2:AFFIDAVIT ON THE CLOSING DATE




We hereby declare under oath and ratify that are in force the declarations and documentation submitted by (specify the name of the AWARDEE and its members in case of CONSORTIUM) in ENVELOPE Nº 1, ENVELOPE Nº 2 and ENVELOPE N° 3 that contain the ECONOMICA PROPOSAL of the project “Broadband Installation for Comprehensive Connectivity and Social Development of the Region ……”, according to the BID TERMS of the reference.

Cordiallyl yours,



Name: …………………………Legal Representative of CONTRACTED




Form 3:AFFIDAVIT ON THE CLOSING DATE




We hereby ……………….(specify the name of the CONTRACTED) declare under oath the following:

- That, will inform to FITEL the implementation of the project "Broadband Installation for Comprehensive Connectivity and Social Development of the region ...... [specify name of the region]" by involving subcontractors or other forms of outsourcing.

- That assumes responsibility for the fulfillment of contractual obligations of the subcontractor or other natural or legal persons with whom shall subscribe outsourcing contracts for the implementation of the project (specify project name).

- That does not allege breach of subcontractors and natural or legal persons with whom have signed outsourcing contracts to evade the obligations assumed under the FINANCING CONTRACT.

Cordially yours,



NAME: …………………………Legal Representative of CONTRACTED




FINANCING CONTRACT Reference:Section 1.3.88 and 1.6 of the BID TERMS

(Shall be communicated through CIRCULAR)


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