TELECOMMUN ICATIONS REGULATORY CO MMISSION

OF SRI LANKA

Request for Application to Pre-Qualify (RFPQ)

For a National Backbone License and Service
Agreement to Build and Operate a National
Backbone Network in Sri Lanka

Introduction
1.

The Telecommunications Regulatory Commission of Sri Lanka (TRCSL) intends to award a

national backbone licence and service agreement (collectively, the NBN Licence) to one
qualified entity to build and operate a national backbone telecommunications services
network (NBN) in Sri Lanka.

2.

TRCSL is issuing this Request for Pre-Qualification (RFPQ) to parties interested in

submitting an Application to Pre-Qualify (APQ) for the award of the NBN Licence.

3.

This RFPQ specifies the procedures to be followed by applicants in preparing and

submitting their APQs and the necessary forms to be completed in support of their
application. Applicants should familiarize themselves with the contents of this RFPQ and
the telecommunications regulatory and legal framework of Sri Lanka.

4.

Eligible applicants for prequalification may be single legal entities, including companies, or
several legal entities applying together as joint ventures or consortiums.

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Telecommunications Regulatory Commission of Sri Lanka

RfPQ for National Backbone Network

Background Information
5.

TRCSL initiated an island wide fibre backbone network project to cater for the broadband
needs such as projects under the e-Sri Lanka initiative of ICTA or the deployment of Next
Generation Networks (NGN) in Sri Lanka. Especially, access to reliable high-speed
Internet connectivity not only in the urban areas but in the more rural underserved areas
of Sri Lanka is becoming increasingly important with the rapid growth in ICT literacy
among all sections of the population.

6.

In addition, the lack of a national backbone network has impacted the mobile operators of
Sri Lanka who up to now have to rely on point-to-point microwave links, thus increasing
the level of required investments considerably.

7.

The TRCSL, as regulator of telecommunications services in Sri Lanka, has the responsibility
to promote and ensure nation-wide penetration and equitable distribution of
communication services. One of its specific emphasis is making ICT services available in
rural underserved areas to help education, health and poverty alleviation.

8.

The main goal of the NBN Licence is to provide broadband connectivity in all electorates
of all 25 districts of Sri Lanka. TRCSL has commissioned a feasibility study on this NBN,
which revealed that 5 fibre optical rings as shown in Annex A will be most appropriate to
connect all 25 districts of Sri Lanka.

9.

Connectivity services on electorate level can most efficiently be achieved by the use of
WiMAX or other comparable technologies. The overall timeframe for a complete three
phased network roll-out has been estimated as 3 to 4 years. Annex B shows an initial rollout table for the full electorate coverage in this three phased approach.

10.

In order to facilitate the roll-out of this infrastructure project, the Government of Sri
Lanka will grant a one-time initial capital subsidy of up to US$ 12,500,000 (in words:
twelve million five hundred thousand United States Dollars) towards Phase 1 of the
network roll-out.

11.

In the main bidding process to be launched after the prequalification stage, only prequalified entities will be invited to bid for a least-cost capital subsidy to build out the NBN.

12.

The winning bidder will be selected in accordance with the evaluation process to be
specified in the Bidding Document, in accordance with the World Banks Guidelines:
Procurement under IBRD Loans and IDA Credits, May 2004 revised in October 2006.

13.

The winning bidder will be decided on the basis of the lowest required subsidy and whose
bid has been determined to be substantially responsive to the requirements of the Bidding
Document.

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RfPQ for National Backbone Network

The NBN Opportunity and Conditions

14.

The winning bidder will have the right to offer wholesale broadband and connectivity
services in all districts and electorates of Sri Lanka. TRCSL wishes to inform potential
bidders that this right to offer wholesale services is not on an exclusive basis.

15.

It will therefore be important for potential bidders to assess for themselves the existing
infrastructure, the competitive opportunity, as well as the potential for leasing or sharing
backbone and other existing infrastructure facilities to reach each electorate.

16.

Infrastructure-based utility companies will be encouraged to share their sites, buildings,

rights-of-way, etc. on commercially negotiated terms with the potential bidders wherever
possible.

17.

Should the lowest subsidy for the NBN network be proposed by a new entrant1 (i.e. an
operator other than the existing licensed national operators in Sri Lanka), the winning
bidder shall be offered a 10 year, non-exclusive licence to provide broadband services in all
of the districts and electorates of Sri Lanka. The licence will be renewed for an additional
10 years if the licensee has successfully fulfilled the licence obligations in the first 10-year
term.

18.

The licensee may negotiate interconnection with all other operators and service providers.
In case those operators are not able to enter into an interconnection agreement, TRCSL is
empowered by the law to make a determination on interconnection terms and conditions.

19.

The licensee will have to provide non-discriminatory access to all market parties wishing
to use its services. Maximum tariffs will be regulated by TRCSL, with more details
provided in the main bidding documents.

20.

The licensee will also be allowed to access the international landing point located in Sri
Lanka and offer international connectivity services from the beginning of its operations.

21.

The technical and operational requirements set out in the bidding Document will be
technology neutral. However, the TRCSL has established that broadband backbone
services in Sri Lanka are likely to be commercially viable, if they are based on a fibre-optic
network using infrastructure sharing with electricity lines, railroads and/or roads. In this
scenario, all potential bidders are advised to negotiate letters of intent or similar
agreements to enter into partnership with Ceylon Electricity Board (CEB) and Sri Lanka
Railway (SLR) if and when they are awarded the NBN licence.

22.

Furthermore, the Bidding Document will specify that all offers must include the capability
to meet a specified level of private demand based on a minimum bandwidth provision of
2 Mbps per end-user. The network design should accommodate an easy expansion to
8Mbps per end-user over a time period of 5 years.

If an existing licence holder is awarded the NBN Licence, its existing licence will be amended, or, if applicable a new licence will
be issued to include the terms and conditions relevant to the bid to fulfill its obligations.

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RfPQ for National Backbone Network

23.

The allocation and assignment of any spectrum or other resources required by the
licensee to provide the backbone services will be discussed in the Bidding Document.
However, due to capacity limitations, the licensee will not be encouraged to use point-topoint microwave links for the backbone network.

24.

Applicants are advised to review carefully and comply with the procedures and
requirements for submitting an APQ.
Prequalification Procedures

25.

Only parties that have submitted an APQ, including the fully completed forms, to the
TRCSL together with the non-refundable APQ fee of LKR 100,000 (in words: one hundred
thousand Sri Lankan Rupees) by the deadline set in this RFPQ document will be taken into
further consideration to be pre-qualified to apply subsequently on the NBN Licence.

26.

The method of payment of the APQ fee will be by bank draft payable to
Telecommunications Regulatory Commission of Sri Lanka. Any APQ received without
payment will be rejected.

27.

Subsequent sections of this RFPQ describe the information required to be included in an

APQ, as well as the criteria that will be used by the TRCSL to pre-qualify interested
parties.

28.

The TRCSL will review the APQs received. Information relating to the evaluation of
applications and recommendation for prequalification will not be disclosed to applicants or
any other person not officially concerned with such process until the notification of
prequalification is made to all applicants. From the deadline for submission of applications
to the time of notification of the results of the prequalification, any applicant that wishes to
contact TRCSL on any matter related to the prequalification process, may do so only in
writing. To assist in the evaluation of applications, TRCSL may, at its discretion, ask any
applicant for a clarification of its application which shall be submitted within a reasonable
period of time. Any request for clarification and all clarifications provided upon such
request shall be in writing only. If an applicant does not provide clarifications by the date
and time set by TRCSL in its written request, its application will be rejected. Based on the
evaluation of the APQs, the TRCSL will arrive at a list of pre-qualified applicants. All
applicants who meet or exceed the specified criteria will be pre-qualified. All applicants will
be notified in writing and provided with the list of applicants who have been prequalified.
TRCSL will reject any application which is not responsive to the requirements of this
RFPQ.

29.

Only pre-qualified parties will then be eligible to obtain the Bidding Document and draft
versions of the NBN Licence. The Bidding Document and draft NBN Licence will provide
detailed information on the subsidy bidding and rollout obligations.

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Information Requirements for APQs

30.

An APQ must include the following information:

(a)

A cover letter signed by a person or persons duly authorised to act on behalf

of the applicant. Where the applicant is a joint venture (JV), the cover letter
must be signed by a person or persons duly authorised to act on behalf of each
member of the joint venture.
(i)

The cover letter must provide a description of the applicant and the
completed Form 1.1 (Applicant General Information) which is attached to
this RFPQ.

(ii)

Where the applicant is a joint venture, the letter must describe each
member of the joint venture and provide further details on Form 1.2
(Applicant s Party Information) for each partner of the j.v., subcontractor,
supplier, other parties, as applicable. Evidence by a copy of the certificate of
incorporation (or equivalent constating documents) must be provided. At
the prequalification stage, a joint venture applicant is obligated to submit a
letter of intent to form a JV.

(b)

Documentation that demonstrates full compliance with each of the prequalification criteria set out in section 31 of this RFPQ. The APQ should clearly
identify which specific person or persons satisfy each relevant criterion.

(c)

The name, address, telephone number, fax number and e-mail address of two
(2) persons who may be contacted as authorized representatives of the
applicant.

Criteria for Pre-Qualification

31.

The information and documentation submitted by the applicant must prove that the
applicant is substantially responsive to the criteria for prequalification, including the
requirements set out below:
Company Registered in Sri Lanka
(a)

An applicant must be:

(i)

a company incorporated in and under the laws of Sri Lanka; or

(ii)

a company or a joint venture of two or more legal entities which, upon

being notified by TRCSL of its intention to award the NBN
License, will, as a condition of license award, promptly undertake:

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(b)

RfPQ for National Backbone Network

1.

to incorporate a company in and under the laws of Sri Lanka; and

2.

to furnish the new company with financial and operational

guarantees in accordance with the Bidding Document.

In the case of a joint venture:

(i)

all members of the joint venture shall be jointly and severally liable for the
execution of the agreement with TRCSL in the event of a partners
withdrawal; and

(ii)

there shall be no limit on the number of members of the joint venture.

(c)

All existing and new entrants to the Sri Lankan telecommunications sector,
including all Sri Lankan and foreign entities, may apply to pre-qualify in
accordance with sections 31(a) and (b).
Operational Experience

(d)

An applicant must have operated a telecommunications network that meets all

of the following requirements:
(i)

the network has a substantial transmission backbone component for voice

and broadband data services; the transmission network must have a
significant component of optical fibre links; a pure microwave network is
not considered sufficient;

(ii)

the network is facilities-based (i.e. the networks telecommunications

circuits run over its own physical transmission facilities, such as wires,
optical fibre cables, antennae, etc., and it is not merely a resale network
utilizing circuits of another service provider);

(iii)

the network is located in Sri Lanka or in one or more developing countries

or emerging markets; and

(iv)

the network has been operated by the applicant for a minimum of five
years.

(e)

In complying with section 31(d) above, the applicant may rely on:
(i)

the experience of the applicant;

(ii)

the experience of any single shareholder of the applicants company,

provided that:
1.

the shareholder (the Significant Shareholder) has a minimum of

one third of the ownership interest (including all forms of ownership
interest) in the applicants company; and

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Telecommunications Regulatory Commission of Sri Lanka

2.

(iii)

RfPQ for National Backbone Network

the Significant Shareholder submits a letter stating that it will

provide an undertaking to guarantee performance by providing the
applicant with the technical and managerial expertise required to
operate the network for the life of the Service Agreement;

where the applicant is a joint venture, the experience of any single joint
venture member, provided that:
1.

the joint venture member (the Significant Joint Venture Member)

submits a letter stating that it will take a minimum of one third of
the ownership interest (including all forms of ownership interest) in
the company to be formed if the joint venture is awarded a Service
Agreement and License; and

2.

the Significant Joint Venture Member also states in the letter that it
will provide an undertaking to guarantee performance by providing
the company to be formed if the joint venture is pre-qualified with
the technical and managerial expertise required to operate the
network for the life of the Service Agreement.
All information presented as evidence of similar
Operational Experience as spelled out in the above Section
31, shall be submitted on Form 1.5 (Similar Experience in
Building and Operating Backbone Networks) for the
applicant, each partner of a joint venture and
subcontractors.

Financial Soundness and Availability of Financing

(f)

An applicant must demonstrate the current soundness of the applicants

financial position and its prospective long term profitability by submitting its
most recent available audited annual financial statements (within the last two
fiscal years), including at least an income statement and a balance sheet, or if
not required by the law of the applicants country, equivalent financial
statements which will be subject to review by TRCSL.

(g)

Where the applicant is a joint venture all members of the joint venture must
demonstrate the current soundness of their financial position and their
prospective long term profitability by submitting their most recent available
audited annual financial statements (within the last two fiscal years), including at
least an income statement and a balance sheet, or if not required by the law of
the applicants country, equivalent financial statements which will be subject to
review by TRCSL.

(h)

An applicant must demonstrate that it has sufficient financing capacity for a

project of this size by submitting:

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RfPQ for National Backbone Network

(i)

documentation that demonstrates that the applicant has a net worth of

not less than US$100 million (in words: one hundred million United States
Dollars); or

(ii)

a letter from a reputable bank indicating a willingness to provide the

applicant with a line of credit of US$100 million; or

(iii)

a combination of the following documentation that demonstrates a

combined total financing capacity of not less than US$100 million:
1.

documentation that demonstrates the net worth of the applicant;

and

2.

a letter from a reputable bank acceptable to TRCSL indicating a

willingness to provide the applicant with a line of credit.

(i)

Net worth for the purposes of this RFPQ means total assets minus total
liabilities (including accumulated losses) as demonstrated by the most recent
available audited annual financial statements (within the last two fiscal years),
including at least an income statement and a balance sheet, or other evidence
that clearly demonstrates such net worth.

(j)

The net worth of any shareholder in the applicant may be included in the
calculation of the net worth of the applicant for the purposes of this RFPQ if
the shareholder is a Significant Shareholder.

(k)

Where the applicant is a Joint Venture, the net worth of any Joint Venture
member may be included in the calculation of the net worth of the applicant for
the purposes of this RFP, pro-rated by the share of ownership, if the Joint
Venture member is a Significant Joint Venture Member.
All information presented as evidence of Financial Soundness and
Availability of Financing, as spelled out in the above Section 31,
shall be submitted on Form 1.4 (Financial Situation) for the
applicant, each partner of a joint venture and subcontractors.
Compliance with Licence(s)

(l)

An applicant must be in substantial compliance with the conditions of the

existing telecommunications licence(s) held by the applicant in any
jurisdiction(s). Furthermore, the applicant shall complete Form 1.3 (Historical
Contract Non-Performance) which is attached to this RFPQ.

(m)

Substantial compliance with the conditions of existing telecommunications

licence(s) must be demonstrated by submitting a letter in the form set out in
Annex D to this RFPQ from the telecommunications regulator in the
jurisdiction where:

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RfPQ for National Backbone Network

(i)

the applicant holds a telecommunications licence; and

(ii)

the applicant has its largest number of subscribers.

(n)

Where the applicant is relying on the operational experience of a Significant

Shareholder or a Significant Joint Venture Member identified in sections 31
(e)(ii), 31(e)(iii), the applicant must demonstrate the substantial compliance of
said entity with the conditions of the Significant Shareholders or Significant
Joint Venture Members existing telecommunications licence(s) in accordance
with section 31 (m))above.

(o)

Telecommunications regulator for the purposes of this RFPQ means the

government agency, institution or official responsible for regulation of the
telecommunications sector in a country.
Eligibility under World Bank Procurement Guidelines

(p)

The applicant shall confirm in writing to TRCSL that it would be eligible to

receive the capital subsidy pursuant to the World Bank Procurement
Guidelines: Procurement under IBRD Loans and IDA Credits, May 2004 revised
in October 2006, if awarded the NBN license.

(q)

Where the applicant is a joint venture, the applicant shall confirm in writing to
TRCSL that each joint venture member is eligible to receive the capital subsidy
pursuant to the World Bank Procurement Guidelines: Procurement under
IBRD Loans and IDA Credits, May 2004 revised in October 2006, if warded the
NBN license.

(r)

An extract from the World Banks website regarding eligibility under the
World Bank Procurement Guidelines is provided at Annex C to this RFPQ
(also
available
online
at
the
following
URL:
www.worldbank.org/html/pic/PROCURE.ht ml ).

Other Provisions
32.

Fraud and Corruption: It is the World Banks policy to require that Borrowers
(including beneficiaries of Bank loans), as well as bidders, suppliers, and Contractors and
their subContractors under Bank-financed contracts, observe the highest standard of
ethics during the procurement and execution of such contracts.2
In pursuance of this policy, the Bank:
(a) defines, for the purposes of this provision, the terms set forth below as follows:

In this context, any action taken by a bidder, supplier, Contractor, or a sub-Contractor to influence the procurement
process or contract execution for undue advantage is improper.

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Telecommunications Regulatory Commission of Sri Lanka

(i)

RfPQ for National Backbone Network

corrupt practice3 is the offering, giving, receiving or soliciting, directly or indirectly,

of anything of value to influence improperly the actions of another party;

(ii) fraudulent practice4 is any act or omission, including a misrepresentation, that

knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial
or other benefit or to avoid an obligation;
(iii) collusive practice5 is an arrangement between two or more parties designed to
achieve an improper purpose, including to influence improperly the actions of another
party;
(iv) coercive practice6 is impairing or harming, or threatening to impair or harm, directly
or indirectly, any party or the property of the party to influence improperly the
actions of a party;
(v) obstructive practice is

(aa) deliberately destroying, falsifying, altering or concealing of evidence material to

the investigation or making false statements to investigators in order to materially

impede a Bank investigation into allegations of a corrupt, fraudulent, coercive or
collusive practice; and/or threatening, harassing or intimidating any party to
prevent it from disclosing its knowledge of matters relevant to the investigation
or from pursuing the investigation, or

(bb) acts intended to materially impede the exercise of the Banks inspection and audit
rights provided for under (e) below;
(b) will reject a proposal for award if it determines that the bidder recommended for award
has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices in competing for the contract in question;
(c) will cancel the portion of the loan allocated to a contract if it determines at any time that
representatives of the Borrower or of a beneficiary of the loan engaged in corrupt,
fraudulent, collusive, or coercive practices during the procurement or the execution of
that contract, without the Borrower having taken timely and appropriate action
satisfactory to the Bank to address such practices when they occur;
(d) will sanction a firm or individual, including declaring ineligible, either indefinitely or for a
stated period of time, to be awarded a Bank-financed contract if it at any time determines
that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices in competing for, or in executing, a Bank-financed
contract; and
(e) will have the right to require that a provision be included in bidding documents and in
contracts financed by a Bank loan, requiring bidders, suppliers and contractors to permit
3

Another party refers to a public official acting in relation to the procurement process or contract execution]. In this
context, public official includes World Bank staff and employees of other organizations taking or reviewing procurement
decisions.
4
Party refers to a public official; the terms benefit and obligation relate to the procurement process or contract
execution; and the act or omission is intended to influence the procurement process or contract execution.
5
Parties refers to participants in the procurement process (including public officials) attempting to establish bid prices
at artificial, non competitive levels.
6
Party refers to a participant in the procurement process or contract execution.

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Telecommunications Regulatory Commission of Sri Lanka

RfPQ for National Backbone Network

the Bank to inspect their accounts and records and other documents relating to the bid
submission and contract performance and to have them audited by auditors appointed by
the Bank

33.

Information Provided by TRCSL - The information contained in this RFPQ and any
other information provided to applicants and other parties during the application process,
in writing, is intended to assist applicants in the preparation of their APQs. The TRCSL
will ensure that all applicants are provided with the same information during the prequalification and subsequent bidding process.

34.

Reservation of TRCSL Rights The TRCSL reserves the right to accept or reject any
application, and to annul the pre-qualification process and reject all applicants at any time,
without thereby incurring any liability to applicants.

35.

TRCSL Licence Guidelines: The Guidelines and Procedures for issuing, renewal and
modification of licences under the Sri Lanka Telecommunications Act, No. 25 of 1991 as
amended will be applicable.

Schedule and Procedures

36.

Deadline for Submission of APQ - APQs and payment of the APQ fee must be
delivered to the TRCSL, at the address indicated below, at or before 1500 hrs on July 16,
2009. Only companies that have submitted an APQ and paid the APQ fee by 1500 hrs on
July 16, 2009 will be considered for further review for pre-qualification. Late applications
will be returned unopened to the applicants. The APQ and attachments must be submitted
in the English language.

37.

Delivery of APQ and Payment of APQ Fee

(a)

The following must be packaged together in a single box or other container

(the APQ Container):
(i)

3 (three) hardcopies of the APQ, one marked as original and the other
two marked as copy, whereby the original and each copy contains the
completed forms that are part of this RFPQ;

(ii)

1 (one) complete electronic copy of the APQ (i.e. a CD-ROM or USB

memory stick containing a copy of the APQ that is in a format readable by
Microsoft Word or Adobe Acrobat software); and

(iii)

payment of the APQ fee in the form of a certified cheque or evidence of

prior transfer by wire or draft (no cash should be put into the APQ
Container).

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Telecommunications Regulatory Commission of Sri Lanka

38.

RfPQ for National Backbone Network

(b)

The exterior of the APQ Container must be clearly marked SRI LANKA:
Application for prequalification to Build and Operate a National Backbone
Network.

(c)

The APQ Container must be delivered by hand or by courier to the TRCSL at

the address indicated below.

Questions, Comments and Requests for Clarification Regarding this RFPQ

Applicants are responsible for submitting any questions, comments or requests for
clarification regarding this RFPQ to TRCSL in writing by e-mail, by hand or by courier at
the address indicated below. TRCSL will respond to all such questions, comments or
requests for clarification it receives up to 14 days prior to the deadline for submission of
APQs. Any response provided by TRCSL will be made available to the public on TRCSLs
website at the following URL: www.trc.gov.lk . TRCSL will not identify the source of such
questions, comments or requests for clarification in the responses it posts on the TRCSL
website. TRCSL will also send the clarifications to all applicants by email. At any time
prior to the deadline for the submission of applications, TRCSL may amend this RFPQ by
issuing an addendum. Any addendum issued shall become part of this RFPQ and shall be
communicated in writing to all who have obtained the RFPQ from TRSCL. To give
applicants sufficient time to take an addendum into account, TRSCL may, at its discretion,
extend the deadline for the submission of applications.
All Other Correspondence with the TRCSL - All correspondence with the TRCSL,
other than the filing of the APQ and payment of the APQ fee, including questions,
comments and requests for the RFPQ package should be submitted to
priyanthak@trc.gov.lk.

For the delivery of the APQ Container by hand or by courier the following
address shall be used:
Director General
Telecommunications Regulatory Commission of Sri Lanka
(TRCSL)
276 Elvitigala Mawatha, Colombo 8,
Sri Lanka
Tel. No: +94-11-2689345
Fax No: +94-11-2689341

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Annex A
Roll-out Map: Proposed Ring-Structure of Backbone Network

Jaffna

Kilinocchi
Mullativ

Southern Ring (Phase 1)

Central Ring (Phase 1)

Mannar

Western Ring (Phase 1)

Vavuniya

Eastern Ring (Phase 2)

Trincomalee

Northern Ring (Phase 3)

Anuradhapura

Points of interconnection
Polonnaruwa

Matale

Badulla

Puttalam

Batticaloa

Karunegala
Kandy

Negombo

Ampara

Kegalle
Gampaha

Colombo

Nuwara -Eliya

Kaluthara

Monaragala
Rathanapura

Hambantota
Galle
Matara

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Annex B
Roll-out Schedule for Districts and Electorates
The following table shows the roll-out schedule for all districts and electorates:
Phase 1: Blue
Phase 2: Red
Phase 3: Black

GALLE

BENTARA-ELPITIYA

ANURADAPURA ANURADHAPURA-E

GALLE

GALLE

ANURADAPURA

HOROWUPOTANA

GALLE

HABARADUWA

MIHINTALE

GALLE

HINIDUMA

ANURADHAPURA

ANURADHAPURA-W

GALLE

KARANDENIYA

ANURADHAPURA

KALAWEWA

GALLE

RATGAM A

ANURADHAPURA

KEKIRAWA

GAMPAHA

ATTANAGALLA

ANURADHAPURA

MEDAWACHCHIYA

GAMPAHA

BIYAGAMA

BADULLA

BADULLA

GAMPAHA

DIVULAPITIYA

BADULLA

BANDARAWELA

GAMPAHA

DOMPE

BADULLA

HALI-ELA

GAMPAHA

GAMPAHA

BADULLA

HAPUTALE

GAMPAHA

JA-ELA

BADULLA

MAHIYAN GANA

GAMPAHA

KATANA

BADULLA

PASSARA

GAMPAHA

KELANIYA

UVA-PARANAGAMA

GAMPAHA

MAHARA

WELIMADA

GAMPAHA

MINUWANGODA

WIYALUWA

GAMPAHA

MIRIGAMA

BATTICALOA

GAMPAHA

NEGOMBO

KALKUDAH

GAMPAHA

WATTALA

BATTICALOA

PADIRUPPU

HAMBANTOTA

BELIATTA

COLOMBO

AVISSAWELLA

HAMBANTOTA

MULKIRIGALA

COLOMBO

BORELLA

HAMBANTOTA

TANGALLE

COLOMBO

COLOMBO-CENTRAL

HAMBANTOTA

TISSAMAHARAM A

COLOMBO

COLOMBO-EAST

JAFFNA

CHAVAK ACHCHERI

COLOMBO

COLOMBO-NORTH

JAFFNA

JAFFNA

COLOMBO

COLOMBO-WEST

JAFFNA

KANKASANTURAI

COLOMBO

DEHIWELA

JAFFNA

KAYTS

COLOMBO

HOMAGAMA

JAFFNA

KOPAY

COLOMBO

KESBEWA

JAFFNA

MANIPAY

KOLONNAWA

JAFFNA

NALLUR

KOTTE

JAFFNA

POINT PEDRO

Kuduwela

JAFFNA

UDUPIDDY

MAHARAGAMA

JAFFNA

VADDUKODDAI

COLOMBO

MORATUWA

JAFNA

KILINOCHCHI

COLOMBO

RATMALANA

KALUTARA

AGALAWATTA

DIGAMADULLA

AMPARA

KALUTARA

BANDARAGAMA

DIGAMADULLA

KALMUNAI

KALUTARA

BERUWALA

DIGAMADULLA

POTUVIL

KALUTARA

BULATHSINHALA

DIGAMADULLA

SAMMANTURAI

KALUTARA

HORANA

GALLE

AKMEEMANA

KALUTARA

KALUTARA

GALLE

AMBALANGODA

KALUTARA

MATUGAMA

GALLE

BADDEGAMA

KALUTARA

Panadura

GALLE

BALAPITIYA

KANDY

GALAGEDARA

District

ANURADAPURA

BADULLA
BADULLA
BADULLA
BATTICALOA
BATTICALOA

COLOMBO
COLOMBO
COLOMBO
COLOMBO

Electorate

-1-

Telecommunications Regulatory Commission of Sri Lanka

RfPQ for National Backbone Network

KANDY

GAMPOLA

MATARA

KAMBURUPITIYA

KANDY

HARISPATTUWA

MATARA

MATARA

KANDY

HEWAHETA

MATARA

WELIGAMA

KANDY

KUNDASALE

MONER AGALE

BIBILE

KANDY

MAHANUWARA

MONERAGALE

MONERAGALA

KANDY

NAWALAPITIYA

MONERAGALE

WELLAWAYA

KANDY

PATHA-DUMBARA

NUWARA-ELIYA HANGURANKETA

KANDY

SENKADAGALA

NUWARA-ELIYA

KOTAMALE

KANDY

TELDENIYA

NUWARA-ELIYA

MASKELIYA

KANDY

UDA-DUMBARA

NUWARA-ELIYA

WALAPANE

KANDY

UDUNUWARA

POLONNA RUWA MEDIRIGIRIYA

KANDY

YATINUWARA

POLONNARUWA

MINNERIYA

KEGALLE

ARANAYAKE

POLONNARUWA

POLONNARUWA

KEGALLE

DEDIGAMA

PUTTALAM

ANAMADUWA

KEGALLE

DERANIYAGALA

PUTTALAM

CHILAW

KEGALLE

GALIGAMUWA

PUTTALAM

NATTANDIYA

KEGALLE

KEGALLE

PUTTALAM

PUTTALAM

KEGALLE

MAWANELLA

PUTTALAM

WENNAPPUWA

KEGALLE

RAMBUKKANA

RATNAPURA

BALANGODA

KEGALLE

RUWANWELLA

RATNAPURA

EHELIYAGODA

KEGALLE

YATIYANTOTA

RATNAPURA

KALAWANA

KURUNAGALA

DODANGASLANDA

RATNAPURA

KOLONNA

KURUNEGALA

BINGIRIYA

KURUNEGALA

DAMBADENIYA

RATNAPURA

NIVITIGALA

KURUNEGALA

GALGAMUWA

RATNAPURA

PELMADULLA

HIRIYALA

RATNAPURA

RAKWANA

KATUGAMPOLA

RATNAPURA

RATNAPURA

KULIYAPITIYA

TRINCOMALEE

MUTUR

KURUNEGALA

TRINCOMALEE

SERUWILA

MAWATHAGAMA

TRINCOMALEE

TRINCOMALEE

NIKAWERATIYA

VAVUNIYA

VAVUNIYA

PANDUWASNUWARA

VAVUNIYA

CHETTIKULAM

KURUNEGALA

POLGAHAWELA

VAVUNIYA

VAVUNIYA- NORTH

KURUNEGALA

WARIYAPOLA

VAVUNIYA

VAVUNIYA -SOUTH

KURUNEGALA

YAPAHUWA

MANNAR

MUSELI

MATALE

DAMBULLA

MANNAR

NANATAN

MATALE

LAGGALA

MANNAR

MANDEI-WEST

MATALE

MATALE

MULLATIV

MARATIANPATTU

MATALE

RATTOTA

MULLATIV

PUDUKUDURUPPU

MATARA

AKURESSA

MULLATIV

OTTUSUTAN

MATARA

DENIYAYA

MULLATIV

MANDEI -WEST
KILLINOCHCHI

MATARA

DEVINUWARA

KILLINOCHCHI

MATARA

HAKMANA

KURUNEGALA
KURUNEGALA
KURUNEGALA
KURUNEGALA
KURUNEGALA
KURUNEGALA
KURUNEGALA

-2-

Telecommunications Regulatory Commission of Sri Lanka

RfPQ for National Backbone Network

Annex C
Eligibility for the Provision of Goods, Works and Services in World Bank-Financed
Procurement
1. In accordance with Para 1.8 of the Guidelines: Procurement under IBRD Loans and IDA
Credits, dated May 2004, the Bank permits firms and individuals from all countries
to offer goods, works and services for Bank-financed projects. As an exception,
firms of a Country or goods manufactured in a Country may be excluded if:
Para 1.8 (a) (i): as a matter of law or official regulation, the Borrowers Country prohibits
commercial relations with that Country, provided that the Bank is satisfied that
such exclusion does not preclude effective competition for the supply of the Goods
or Works required, or
Para 1.8 (a) (ii): by an Act of Compliance with a Decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United Nations, the
Borrowers Country prohibits any import of goods from that Country or any
payments to persons or entities in that Country.
2.

For the information of borrowers and bidders, at the present time firms, goods and
services from the following countries are excluded from this bidding:
(a)

With reference to paragraph 1.8 (a) (i) of the Guidelines:

[Consult the following website or enquire with TRCSL:]
http://web.wo rldbank.org/WBSITE/EXTERNAL /PROJECTS/PROCUREMENT/0,,co nte
ntMDK:20226251~ menuPK:93977~pagePK:84269~piPK:60001558~t heSitePK:84266,0
0.html

(b)

With reference to paragraph 1.8 (a) (ii) of the Guidelines:

[Consult the following website or enquire with TRCSL:]
http://web.wo rldbank.org/WBSITE/EXTERNAL /PROJECTS/PROCUREMENT/0,,co nte
ntMDK:20226251~m enuPK:93977~pagePK:84269~piPK:60001558~t heSitePK:84266,0
0.html

-2-

Telecommunications Regulatory Commission of Sri Lanka

RfPQ for National Backbone Network

Annex D
Form of Letter Regarding Compliance with Licence(s)
[Month] [Day], 2009Director General
Telecommunications Regulatory Commission of Sri Lanka (TRCSL)
276 Elvitigala Mawatha, Colombo 8,
Sri Lanka
Dear Sir:
Re:

[Insert name of proposed NBN Service Provider or Person falling within one
of
the
categories
listed
in
section
31(e)
of
the
RFPQ]
Compliance with conditions of telecommunications licence

[Insert name of Telecommunications Regulator] is the telecommunications regulatory

authority of [insert name of country/jurisdiction].
[Insert name of proposed NBN Service Provider or Person falling within one of the
categories listed in section 31(e) of the RFPQ] has been licensed to provide the following
telecommunications services in our jurisdiction:
[Insert name(s) of licensed services]
[Insert name of proposed NBN Service Provider or Person falling within one of the
categories listed in section 31(e) of the RFPQ] is a responsible licensee and in substantial
compliance with the licence obligations/conditions of our jurisdiction. Yours very truly,[Insert
name of Telecommunications Regulator]
Per:
[Insert name of person signing letter]
[Insert phone number of person signing letter]
[Insert e-mail address of person signing letter]

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Telecommunications Regulatory Commission of Sri Lanka

RfPQ for National Backbone Network

Form 1.1

Applicant General Information Form

Date: [insert day, month, year]

Applicant's legal name

[insert full legal name]
In case of Joint Venture (JV), legal name of each partner:
[insert full legal name of each partner in JV]
Applicant's Actual or Intended country of constitution:
[indicate country of Constitution]
Applicant's actual or Intended year of constitution:
[indicate year of Constitution]
Applicant's legal address in country of constitution:
[insert street/ number/ town or city/ country]
Applicant's authorized representative information
Name: [insert full legal name]
Address: [insert street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
E-mail address: [indicate e-mail address]
Attached are copies of original documents of
Articles of Incorporation or Documents of Constitution, and documents of registration of the
legal entity named above.
In case of JV, letter of intent to form JV or JV agreement
In case of Government owned entity, documents establishing legal and financial autonomy
and compliance with commercial law.

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Telecommunications Regulatory Commission of Sri Lanka

RfPQ for National Backbone Network

Form 1.2

Applicant's Party Information Form

[The following form shall be filled in for the Applicant's parties including partner(s) of a joint venture,
subcontractors, suppliers and other parties]
Date: [insert day, month, year]

JV applicant legal name:

[insert full legal name]
Applicant's Party legal name:
[insert full legal name of Applicant's Party]
Applicant's Party country of registration:

[indicate country of registration]

Applicant Party's year of constitution:

[indicate year of constitution]

Applicant Party's legal address in country of constitution:

[insert street/ number/ town or city/ country]

Applicant Party's authorized representative information
Name: [insert full legal name]
Address: [insert street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
E-mail address: [indicate e-mail address]
Attached are copies of original documents of

Articles of Incorporation or Documents of Constitution, and Registration Documents of the legal entity
named above.

In case of a Government owned entity, documents establishing legal and financial autonomy and
compliance with commercial law.

-5-

Telecommunications Regulatory Commission of Sri Lanka

RfPQ for National Backbone Network

Form 1.3

Historical Contract Non-Performance

[The following table shall be filled in for the Applicant and for each partner of a Joint Venture ]
Applicants Legal Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Party Legal Name:[insert full name]

Non-Performing Contracts

Year

[insert
year]

Non
performed
portion of
contract

Contract Identification

[insert amount Contract Identification: [indicate complete contract

and percentage] name/ number, and any other identification]
Name of Client: [insert full name]
Address of Client: [insert street/city/country]
Reason(s) for non performance: [indicate main
reason(s)]

Pending Litigation:
Matter in Dispute:

-6-

Total Contract
Amount (current
value, US$
equivalent)
[insert amount]

Telecommunications Regulatory Commission of Sri Lanka

RfPQ for National Backbone Network

Form 1.4

Financial Situation
[The following table shall be filled in for the Applicant and for each partner of

Applicants Legal Name: [insert full name]

1. Financial data
Financial information in
(US$ equivalent in 000s)

a Joint Venture]

Date: [insert day, month, year]

Applicants Party Legal Name:[insert full name]

Historic information for previous _[insert number] years,

[insert in words]
(US$ equivalent in 000s)
Year 1

Year 2

Year 3

Year

Year n

Information from Balance Sheet

Total Assets (TA)
Total Liabilities (TL)
Net Worth (NW)
Current Assets (CA)
Current Liabilities (CL)
Information from Income Statement
Total Revenue (TR)
Profits Before Taxes (PBT)

Financial documents
The Applicant and its parties shall provide copies of the balance sheets and/or financial statements for
[number] years. The financial statements shall:
(a) reflect the financial situation of the Applicant or partner to a JV, and not sister or parent
companies.

-7-

Telecommunications Regulatory Commission of Sri Lanka

RfPQ for National Backbone Network

(b) be audited by a certified accountant.

(c) be complete, including all notes to the financial statements.
(d) correspond to accounting periods already completed and audited (no statements for partial
periods shall be requested or accepted).
Attached are copies of financial statements (balance sheets, including all related notes, and income
statements) for the [number] years required above; and complying with the requirements
Attached is a letter from a reputable bank acceptable to TRCSL indicating a willingness to
provide the applicant with a line of credit of US$100 million.

-8-

Telecommunications Regulatory Commission of Sri Lanka

RfPQ for National Backbone Network

Form 1.5

Similar Experience in Building and Operating Backbone

Networks
[The following table shall be filled in for licenses awarded to the Applicant, each partner of a
Joint Venture, and specialist sub contractors]
Applicant's/Joint Venture Partner's Legal Name: [insert full name]
Date: [insert day, month, year]
JV Party Name: [insert full name]

Information

Similar License No.

[insert number of similar licenses
required; one form per license]

[insert contract name and number]

License Identification

[insert day, month, year]

Award date

[insert day, month, year]

Completion date

Role in License
[check the appropriate box]

Total Investment to operationalize

licenses

[insert total amount of investment in the

venture in local currency and US$
equivalent]

[insert a
If partner in a JV, or subcontractor,
percentage of total
specify financial participation in
investment amount]
total amount
Client's Name: [country where
license issued and licensing
authority]
Address:

[insert full name]

Telephone/fax number

[insert telephone/fax numbers, including country and

city area codes]

E-mail:

[insert e-mail address, if available]

[indicate street / number / town or city / country]

-9-

Telecommunications Regulatory Commission of Sri Lanka

RfPQ for National Backbone Network

Form 1.5 (cont.)

Similar Experience in Building and Operating Backbone

Networks (cont.)

Information
Details of the Similarity between
this License and the proposed
TRCSL NBN license
1.General Scope
2. Key Activities
3. Complexity
4. Methods/Technology
5. Other Characteristics

- 10 -