Updated on 27 September 2018
Section 1. Instructions to Tenderers
A. General
1. Scope of Tender
1.1 The Procuring Entity, as indicated in the Tender Data Sheet (TDS) issues this Tender Document for the procurement of Works and physical services incidental thereto as specified in the TDS and as detailed in Section 6: Bill of Quantities. The name of the Tender and the number and identification of its constituent lot(s) are stated in the TDS.
1.2 The successful Tenderer shall be required to execute the Works and physical services as specified in the General Conditions of Contract
2. Interpretation
2.1 Throughout this Tender Document:
(a) the term “in writing” means communication written by hand or machine duly signed and includes properly authenticated messages by facsimile or electronic mail;
(b) if the context so requires, singular means plural and vice versa;
(c) “day” means calendar days unless otherwise specified as working days;
(d) “Person” means and includes an individual, body of individuals, sole proprietorship, partnership, company, association or cooperative society that wishes to participate in Procurement proceedings;
(e) “Tenderer” means a Person who submits a Tender;
(f) “Tender Document” means the Document provided by a Procuring Entity to a Tenderer as a basis for preparation of the Tender; and
(g) “Tender” depending on the context, means a Tender submitted by a Tenderer for execution of Works and physical services to a Procuring Entity in response to an Invitation for Tender.
3. Source of Funds
3.1 The Procuring Entity has been allocated public funds as indicated in the TDS and intends to apply a portion of the funds to eligible payments under the Contract for which this Tender Document is issued.
3.2 For the purpose of this provision, “public funds” means any monetary resources appropriated to the Procuring Entity under Government budget, or loan, grants and credits placed at the disposal of the Procuring Entity through the Government by the development partners or foreign states or organisations.
3.3 Payments by the development partner, if so indicated in the TDS, will be made only at the request of the Government and upon approval by the development partner or foreign state or Organisation in accordance with the applicable Loan / Credit / Grant Agreement, and will be subject in all respects to the terms and conditions of that Agreement.
4. Corrupt, Fraudulent, Collusive, Coercive (or Obstructive in case of Development Partner) Practices
4.1 The Government and the Development Partner, if applicable requires that the Procuring Entity as well as the Tenderers and Contracts (including , sub-contractors, agents, personnel, consultants, and service providers) shall observe the highest standard of ethics during implementation of procurement proceedings and the execution of Contracts under public funds.
4.2 For the purposes of ITT Sub Clause 4.3, the terms set forth below as follows:
(a) “corrupt practice” means offering, giving or promising to give, receiving, or soliciting either directly or indirectly, to any officer or employee of the Procuring Entity or other public or private authority or individual, a gratuity in any form; employment or any other thing or service of value as an inducement with respect to an act or decision or method followed by the Procuring Entity in connection with a Procurement proceeding or Contract execution;
(b) “fraudulent practice” means the misrepresentation or omission of facts in order to influence a decision to be taken in a Procurement proceeding or Contract execution;
(c) “collusive practice” means a scheme or arrangement between two (2) or more Persons, with or without the knowledge of the Procuring Entity, that is designed to arbitrarily reduce the number of Tenders submitted or fix Tender prices at artificial, non-competitive levels, thereby denying the Procuring Entity the benefits of competitive price arising from genuine and open competition;
(d) “coercive practice” means harming or threatening to harm, directly or indirectly, Persons or their property to influence a decision to be taken in the Procurement proceeding or the execution of a Contract, and this will include creating obstructions in the normal submission process used for Tenders.
(e) “Obstructive practice” (applicable in case of Development Partner) means deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede an 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.
4.3 Should any corrupt, fraudulent, collusive, coercive (or obstructive in case of Development Partner) practice of any kind is determined by the Procuring Entity or the Development Partner, if applicable, this will be dealt in accordance with the provisions of the Public Procurement Act and Rules and Guidelines of the Development Partners as stated in the ITT sub-clause 3.3. In case of obstructive practice, this will be dealt in accordance with Development Partners Guidelines.
4.4 If corrupt, fraudulent, collusive, coercive (or obstructive in case of Development Partner) practices of any kind is determined by the Procuring Entity against any Tenderer or Contracts (including sub-contractors, agents, personnel, consultants, and service providers) in competing for, or in executing, a contract under public fund:
(a) Procuring Entity and/or the Development Partner shall exclude the concerned Tenderer from further participation in the concerned procurement proceedings;
(b) Procuring Entity and/or the Development Partner shall reject any recommendation for award that had been proposed for that concerned Tenderer;
(c) Procuring Entity and/or the Development Partner shall declare, at its discretion, the concerned Tenderer to be ineligible to participate in further Procurement proceedings, either indefinitely or for a specific period of time;
(d) Development Partner shall sanction the concerned Tenderer or individual, at any time, in accordance with prevailing Development Partner’ sanctions procedures, including by publicly declaring such Tenderer or individual ineligible, either indefinitely or for a stated period of time: (i) to be awarded a Development Partner-financed contract; and (ii) to be a nominated sub-contractor, consultant, manufacturer or Contractor, or service provider of an otherwise eligible firm being awarded a Development Partner-financed contract; and
(e) Development Partner shall cancel the portion of the loan allocated to a contract if it determines at any time that representatives of the Procuring Entity or of a beneficiary of the loan engaged in corrupt, fraudulent, collusive, coercive or obstructive practices during the procurement or the execution of that Development Partner financed contract, without the Procuring Entity having taken timely and appropriate action satisfactory to the Development Partner to remedy the situation.
4.5 Tenderer shall be aware of the provisions on corruption, fraudulence, collusion, coercion (and obstruction, in case of Development Partner) of the Public Procurement Act, 2006, the Public Procurement Rules, 2008 and others as stated in GCC Clause 38.
4.6 In further pursuance of this policy, Tenderers, Contractors and their sub-contractors, agents, personnel, consultants, service providers shall permit the Government and the Development Partner to inspect any accounts and records and other documents relating to the Tender submission and contract performance, and to have them audited by auditors appointed by the Government and/or the Development Partner during the procurement or the execution of that Development Partner financed contract.
5. Eligible Tenderers
5.1 This Invitation for Tenders is open to all potential Tenderers from all countries, except for any specified in the TDS.
5.2 Tenderers shall have the legal capacity to enter into the Contract under the Applicable law.
5.3 Tenderers shall be enrolled in the relevant professional or trade organisations registered in Bangladesh.
5.4 Tenderers may be a physical or juridical individual or body of individuals, or company, association or any combination of them in the form of a Joint Venture (JV) invited to take part in public procurement or seeking to be so invited or submitting a Tender in response to an Invitation for Tenders.
5.5 Tenderers shall have fulfilled its obligations to pay taxes and social security contributions under the provisions of laws and regulations of the country of its origin.
5.6 Tenderers should not be associated, or have been associated in the past, directly or indirectly, with a consultant or any of its affiliates which have been engaged by the Procuring Entity to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the works to be performed under this Invitation for Tenders.
5.7 Tenderers in its own name or its other names or also in the case of its Persons in different names shall not be under a declaration of ineligibility for corrupt, fraudulent, collusive or coercive practices as stated under ITT Sub Clause 4.4 (or obstructive practice, in case of Development Partner) in relation to the Development Partner’s Guidelines in projects financed by Development Partner.
5.8 Tenderers are not restrained or barred from participating in Public Procurement on grounds of poor performance in the past under any Contract.
5.9 Tenderers shall not be insolvent, be in receivership, be bankrupt, be in the process of bankruptcy, be not temporarily barred from undertaking business and it shall not be the subject of legal proceedings for any of the foregoing.
5.10 Government-owned enterprise in Bangladesh may also participate in the Tender if it is legally and financially autonomous, it operates under commercial law, and it is not a dependent agency of the Procuring Entity.
5.11 Tenderers shall provide such evidence of their continued eligibility satisfactory to the Procuring Entity, as the Procuring Entity will reasonably request.
5.12 These above requirements for eligibility will extend, as applicable, to each JV partner and Subcontractor proposed by the Tenderers.
5.13 Tenderers shall have the up-to-date valid license(s), issued by the corresponding competent authority, as specifried in the TDS.
6. Eligible Materials, Equipment and Associated Services
6.1 All materials, equipment and associated services to be supplied under the Contract are from eligible sources, unless their origin is from a country specified in the TDS.
6.2 For the purposes of this Clause, “origin” means the place where the Materials and Equipments are mined, grown, cultivated, produced or manufactured or processed, or through manufacturing, processing, or assembling, another commercially recognized new product results that differs substantially in its basic characteristics from its components or the place from which the associated services are supplied.
6.3 The origin of materials and equipment and associated services is distinct from the nationality of the Tenderer.
7. Site Visit
7.1 Tenderers are advised to visit and examine the Site of Works and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the Tender and entering into a contract for construction of the Works. The costs of visiting the Site shall be at Tenderer’s own expense.
B. Tender Document
8. Tender Document: General
8.1 The Sections comprising the Tender Document are listed below, and should be read in conjunction with any Addendum issued under ITT Clause 11.
Section 1 Instructions to Tenderers (ITT)
Section 2 Tender Data Sheet (TDS)
Section 3 General Conditions of Contract (GCC)
Section 4 Particular Conditions of Contract (PCC)
Section 5 Tender and Contract Forms
Section 6 Bill of Quantities (BOQ)
Section 7 General Specifications
Section 8 Particular Specifications
Section 9 Drawings
8.2 The Procuring Entity is not responsible for the completeness of the Tender Document and their addenda, if these were not purchased directly from the Procuring Entity, or through its agent as specified in the TDS.
8.3 Tenderers are expected to examine all instructions, forms, terms, and specifications in the Tender Document as well as in addendum to Tender, if any.
9. Clarification of Tender Document
9.1 A prospective Tenderer requiring any clarification of the Tender Document shall contact the Procuring Entity in writing at the Procuring Entity’s address and within time as specified in the TDS.
9.2 The Procuring Entity is not obliged to answer any clarification request received after that date as stated under ITT Sub Clause 9.1.
9.3 The Procuring Entity shall respond in writing within five (5) working days of receipt of any such request for clarification received under ITT Sub Clause 9.1.
9.4 The Procuring Entity shall forward copies of its response to all those who have purchased the Tender Document, including a description of the enquiry but without identifying its source.
9.5 Should the Procuring Entity deem it necessary to revise the Tender Document as a result of a clarification, it will do so following the procedure under ITT Clause 11.
10. Pre-Tender Meeting
10.1 To clarify issues and to answer questions on any matter arising in the Tender Document, the Procuring Entity may, if stated in the TDS, hold a pre-Tender Meeting at the place, date and time as specified in the TDS. All potential Tenderers are encouraged and invited to attend the meeting, if it is held.
10.2 Tenderers are requested to submit any questions in writing so as to reach the Procuring Entity not later than one day prior to the date of the meeting.
10.3 Minutes of the pre-Tender meeting, including the text of the questions raised and the responses given, together with any responses prepared after the meeting, will be transmitted within five (5) working days after holding the meeting to all those who purchased the Tender document and to even those who did not attend the meeting. Any revision to the Tender Document listed in ITT Sub Clause 8.1 that may become necessary as a result of the pre-Tender meeting will be made by the Procuring Entity exclusively through the issue of an Addendum pursuant to ITT Sub Clause 11 and not through the minutes of the pre-Tender meeting.
10.4 Non-attendance at the Pre-Tender meeting will not be a cause for disqualification of a Tenderer.
11. Addendum to Tender Document
11.1 At any time prior to the deadline for submission of Tenders, the Procuring Entity, on its own initiative or in response to an inquiry in writing from a Tenderer, having purchased the Tender Document, or as a result of a pre-Tender meeting may revise the Tender Document by issuing an Addendum.
11.2 The Addendum issued under ITT Sub Clause 11.1 shall become an integral part of the Tender Document and shall have a date and an issue number and must be circulated by fax, mail or e-mail, to Tenderers who have purchased the Tender Documents, within five (5) working days of issuance of such Addendum, to enable Tenderers to take appropriate action
11.3 The Procuring Entity shall also ensure posting of the relevant addenda with the reference number and date on their websites including notice boards, where the Procuring Entity had originally posted the IFTs.
11.4 To give a prospective Tenderer reasonable time in which to take an addendum into account in preparing its Tender, the Procuring Entity may, at its discretion, extend the deadline for the submission of Tenders, pursuant to ITT Sub Clause 42.2.
11.5 If an addendum is issued when time remaining is less than one-third of the time allowed for the preparation of Tenders, the Procuring Entity at its discretion shall extend the deadline by an appropriate number of days for the submission of Tenders, depending upon the nature of the Procurement requirement and the addendum. In any case, the minimum time for such extension shall not be less than three (3) working days.
C. Qualification Criteria
12. General Criteria
12.1 Tenderers shall possess the necessary professional and technical qualifications and competence, financial resources, equipment and other physical facilities, managerial capability, specific experience, reputation, and the personnel, to perform the contract, which entails setting pass/fail criteria, which if not met by the Tenderers, will result in consideration of its Tender as non-responsive.
12.2 In addition to meeting the eligibility criteria, as stated in ITT Clause 5, Tenderers must satisfy the other criteria stated in ITT Clauses 13 to 18 inclusive
12.3 To qualify for multiple number of contracts/lots in a package made up of this and other individual contracts/lots for which Tenders are invited in the Invitation for Tenders, the Tenderers shall demonstrate having resources sufficient to meet the aggregate of the qualifying criteria for the individual contracts. The requirement of general experience as stated under ITT Sub Clause 14.1(a) and specific experience, unless otherwise of different nature, as stated under ITT Sub Clause 15.1(b) shall not be separately applicable for each individual lot.
13. Litigation History
13.1 Litigation history shall comply with the requirement as stated under ITT Sub Clause15.1(c).
14. Experience Criteria
14.1 Tenderers shall have the following minimum level of construction experience to qualify for the performance of the Works under the Contract:
(a) a minimum number of years of general experience in the construction of works as Prime Contractor or Subcontractor or Management Contractor as specified in the TDS; and
(b) specific experience as a Prime Contractor or Subcontractor or Management Contractor in construction works of a nature, complexity and methods/construction technology similar to the proposed Works, in at least a number of contract(s)and, each with a minimum value over the period, as specified in the TDS.
15. Financial Criteria
15.1 Tenderers shall have the following minimum level of financial capacity to qualify for the performance of the Works under the Contract.
(a) the average annual construction turnover as specified in the TDS during the period specified in the TDS;
(b) availability of minimum liquid assets i.e. working capital or credit facilities from any scheduled Bank of Bangladesh, net of other contractual commitments, of the amount as specified in the TDS;
(c) satisfactory resolution of all claims under litigation cases and shall not have serious negative impact on the financial capacity of the Tenderers. All pending litigation shall be treated as resolved against the Tenderers; and
(d) The Minimum Tender Capacity as specified in the TDS.
16. Personnel Capacity
16.1 Tenderers shall have the following minimum level of personnel capacity to qualify for the performance of the Works under the Contract consisting of a Construction Project Manager, Engineers, and other key staff with qualifications and experience as specified in the TDS.
17. Equipment Capacity
17.1 Tenderers shall own suitable equipment and other physical facilities or have proven access through contractual arrangement to hire or lease such equipment or facilities for the desired period, where necessary or have assured access through lease, hire, or other such method, of the essential equipment, in full working order, as specified in the TDS.
18. Joint Venture (JV)
18.1 Tenderers may participate in the procurement proceedings forming a Joint Venture(JV) by an agreement, executed case by case on a non-judicial stamp of value as specified in the TDS or alternately with the intent to enter into such an agreement supported by a Letter of Intent along with the proposed agreement duly signed by all legally authorised partners of the intended JV and authenticated by a Notary Public, with the declaration that the partners will execute the JV agreement in the event the Tenderer is successful.
18.2 The figures for each of the partners of a JV shall be added together to determine the Tenderer’s compliance with the minimum qualifying criteria; however, for a JV under ITT Sub Clause 18.1, with number of partners as specified in the TDS to qualify, Leading partner and other partners must meet the criteria as specified in the TDS. Failure to comply with these requirements will result in non-responsiveness of the JV Tender.
18.1 Each partner of the JV shall be jointly and severally liable for the execution of the Contract, all liabilities and ethical and legal obligations in accordance with the Contract terms.
18.2 JV shall nominate the Leading Partner as REPRESENTATIVE being entrusted with the Contract administration and management at Site who shall have the authority to conduct all business for and on behalf of any and all the partners of the JV during the Tendering process and, in the event the JV is awarded the Contract, during contract execution including the receipt of payments for and on behalf of the JV.
19. Subcontractor(s)
19.1 Tenderers may intend to subcontract an activity or part of the Works, in which case such elements and the proposed Subcontractor shall be clearly identified.
19.2 The Procuring Entity may require Tenderers to provide more information about their subcontracting arrangements. If any Subcontractor is found ineligible or unsuitable to carry out the subcontracted tasks, the Procuring Entity may request the Tenderers to propose an acceptable substitute.
19.3 A Subcontractor may participate in more than one Tender, but only in that capacity.
19.4 The Procuring Entity may also select in advance Nominated Subcontractor(s) to execute certain specific components of the Works and if so, those will be specified in the TDS.
19.5 The successful Tenderer shall under no circumstances assign the Works or any part of it to a Subcontractor.
D. Tender Preparation
20. Only one Tender
20.1 Tenderers shall submit only one (1) Tender for each lot, either individually or as a JV. Tenderer who submits or participates in more than one (1) Tender in one (1) lot of a package or in one (1) package with one (1) lot will cause all the Tenders of that particular Tenderer to be rejected.
21. Cost of Tendering
21.1 Tenderers shall bear all costs associated with the preparation and submission of its Tender, and the Procuring Entity shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Tendering process.
22. Issuance and Sale of Tender Document
22.1 The Procuring Entity shall make Tender Documents available immediately to the potential Tenderers, requesting and willing to purchase at the corresponding price by the date the advertisement has been published in the newspaper.
22.2 There shall not be any pre-conditions whatsoever, for sale of Tender Documents and the sale of such Document shall be permitted up to the day prior to the day of deadline for the submission of Tender.
23. Language of Tender
23.1 Tenders shall be written in the English language. Correspondences and documents relating to the Tender may be written in English or Bangla. Supporting documents and printed literature furnished by the Tenderers that are part of the Tender may be in another language, provided they are accompanied by an accurate translation of the relevant passages in the English or Bangla language, in which case, for purposes of interpretation of the Tender, such translation shall govern.
23.2 Tenderers shall bear all costs of translation to the governing language and all risks of the accuracy of such translation.
24. Contents of Tender
24.1 The Tender prepared by the Tenderers will comprise the following:
(a) the Tender Submission Letter(Form PW3-1), as stated under ITT Sub Clause 25.1;
(b) the Tenderer Information as stated under ITT Clauses 5,29 and 32 (Form PW3-2);
(c) the priced BOQ for each lot in accordance with ITT Clauses 25,27and 28;
(d) the Tender Security as stated under ITT Clauses 35, 36 and 37.
(e) the alternatives, if permissible, as stated under ITT Clause 26;
(f) the written confirmation authorizing the signatory of the Tender to commit the Tenderer, as stated under ITT Sub Clause 40.3;
(g) the Valid Trade license ;
(h) documentary evidence of Tax Identification Number (TIN) and Value Added Tax (VAT) as a proof of taxation obligations as stated under ITT Sub Clause 5.5;
(i) the Technical Proposal describing work plan & method, personnel, equipment and schedules as stated under ITT Clause 31;
(j) documentary evidence as stated under ITT Clause 29 and 32 establishing the Tenderer’s eligibility and the minimum qualifications of the Tenderers required to be met for due performance of the Works and physical services under the Contract;
(k) document establishing legal and financial autonomy and compliance with commercial law, as stated under ITT Sub Clause5.10 in case of government owned entity;
(l) tenderer’s past performance information in (Form PW3-5a) & documentary evidence for past performance evaluation and rating matrix as stated under ITT Sub Clause 50.2;
(m) tenderer’s capacity information in (Form PW3-5B) & documentary evidence for tenderers capacity; and
(n) any other document as specified in the TDS.
25. Tender Submission Letter and Bill of Quantities
25.1 Tenderers shall submit the Tender Submission Letter (Form PW3-1), which shall be completed without any alterations to its format, filling in all blank spaces with the information requested, failing which the Tender may be rejected as being incomplete.
25.2 Tenderers shall submit the priced BOQ using the form(s) furnished in Section 6: Bill of Quantities.
25.3 If in preparing its Tender, the Tenderer has made errors in the unit rate or the total price, and wishes to correct such errors prior to submission of its Tender, it may do so, but shall ensure that each correction is initialled by the authorised person of the Tenderer.
26. Alternatives
26.1 Unless otherwise specified in the TDS, alternative technical solutions shall not be considered.
26.2 When specified in ITT clause 26.1, Tenderers are permitted to submit alternative technical solutions for specified parts of the Works, and such parts will be identified in the TDS.
26.3 Only the technical alternatives, if any, of the lowest evaluated Tenderer conforming to the basic technical requirements will be considered by the Procuring Entity.
27. Tender Prices, Discounts and Price Adjustment
27.1 The prices and discounts quoted by the Tenderers in the Tender Submission Letter (Form PW3-1) and in the BOQ shall conform to the requirements specified below.
27.2 Tenderers shall fill in unit rates for all items of the Works both in figures and in words as described in the BOQ, excluding any discount offered.
27.3 The items quantified in the BOQ for which no unit rates have been quoted by the Tenderer will not be paid for, by the Procuring Entity when executed and shall be deemed covered by the amounts of other rates in the BOQ and, it shall not be a reason to change the Tender price.
27.4 The price to be quoted in the Tender Submission Letter, as stated under ITT Sub Clause 25.1, shall be the total price of the Tender, excluding any discounts offered.
27.5 Tenderers shall quote any unconditional discounts in the Tender Submission Letter as stated under ITT Sub Clause 25.1.
27.6 Tenderers wishing to offer any unconditional discount to any package or lot as applicable shall mention discount in percentage (%) in the Tender Submission Letter. Discount shall be equally applicable on all the items of BOQ and shall be applied after arithmetic correction of the tender.
27.7 All applicable taxes, custom duties, VAT and other levies payable by the Contractor under the Contract, or for any other causes, as of the date twenty-eight (28) days prior to the deadline for submission of Tenders, shall be included in the unit rates and the total Tender price submitted by the Tenderers.
27.8 Unless otherwise specified in the TDS and provided in the Contract, the price of a Contract shall be fixed in which case the unit rates may not be modified in response to changes in economic or commercial conditions.
27.9 If so stated under ITT Sub Clause 27.9, Tenders are being invited with a provision for price adjustments. The unit rates quoted by the Tenderers are subject to adjustment during the performance of the Contract in accordance with the provisions of General Condition of Contract (GCC) Clause 69 and, in such case the Procuring Entity shall provide the indexes and weightings or coefficients in Appendix to the Tender (Table 1.1 and Table 1.2) for the price adjustment formulae as specified in the Particular Conditions of Contract (PCC).
28. Tender Currency
28.1 Tenderers shall quote all prices in the Tender Submission Letter and in the BOQ in Bangladesh Taka (BDT) currency.
29. Documents Establishing Eligibility of the Tenderer
29.1 Tenderers, if applying as a sole Tenderer, shall submit documentary evidence to establish its eligibility as stated under ITT Clause 5 and, in particular, it shall:
(a) complete the eligibility declarations in the Tender Submission Letter (Form PW3-1);
(b) complete the Tenderer Information (Form PW3-2);
(c) complete Subcontractor Information (Form PW3-4), if it intends to engage any Subcontractor(s).
29.2 Tenderers, if applying as a partner of an existing or intended JV shall submit documentary evidence to establish its eligibility as stated under ITT Clause 5 and, in particular, in addition to as stated under ITT Sub Clause 29.1, it shall:
(a) provide for each JV partner, completed JV Partner Information (Form PW3-3);
(b) provide the JV agreement or Letter of Intent along with the proposed agreement of the intended JV as stated under ITT Sub Clause 18.1
30. Documents Establishing the Eligibility and Conformity of Materials, Equipment and Services
30.1 Tenderers shall submit documentary evidence to establish the origin of all Materials, Equipment and services to be supplied under the Contract as stated under ITT Clause 6.
30.2 To establish the conformity of the Materials, Equipment and services to be supplied under the Contract, the Tenderers shall furnish, as part of its Tender, the documentary evidence (which may be in the form of literature, specifications and brochures, drawings or data) that these conform to the technical specifications and standards specified in Section 7, General Specifications and Section 8, Particular Specifications.
31. Documents Establishing Technical Proposal
31.1 Tenderers shall furnish a Technical Proposal including a statement of work methods, equipment, personnel, schedule and any other information as stipulated in TDS, in sufficient detail to demonstrate the adequacy of the Tenderer’s proposal to meet the work requirements and the completion time.
32. Documents Establishing the Tenderer’s Qualification
32.1 Tenderers shall complete and submit the Tenderer Information (Form PW3-2/PW3-3) and shall include documentary evidence, as applicable to satisfy the following:
(a) general experience, of the entity(s) participating in the Tender, in construction works as stated under ITT Sub Clause 14.1(a), substantiated by the year of registration/constitution/licensing in its country of origin;
(b) specific experience, of the entity(s) participating in the Tender, in construction works under public sector of similar nature and size as stated under ITT Sub Clause 14.1(b), substantiated by Completion Certificate (s) issued by the relevant Procuring Entity(s);
(c) average annual construction turnover i.e. total certified payments received for contracts in progress or completed under public sector for a period as stated under ITT Sub Clause 15.1(a), substantiated by Statement(s) of Receipts, from any scheduled Bank of Bangladesh, issued not earlier than twenty-eight (28) days prior to the day of the original deadline for submission of Tenders;
(d) adequacy of minimum liquid assets i.e. working capital substantiated by Audit Reports mentioned in (i) below or credit line(s) substantiated by any scheduled Bank of Bangladesh in the format as specified (Form PW3-7), without alteration, issued not earlier than twenty-eight (28) days prior to the day of the original deadline for submission of Tenders for this Contract as stated under ITT Sub Clause 15.1(b);
(e) information regarding claims under litigation, current or during the last years as specified in the TDS, in which the Tenderer is involved, the parties concerned, and value of claim as stated under ITT Sub Clause 15.1(c), substantiated by statement(s) of the entity(s) participating in the Tender in its letter-head pad;
(f) technical and administrative personnel along with their qualification and experience proposed for the Contract as stated under ITT Clause 16;
(g) major items of construction equipment proposed to carry out the Contract as stated under ITT Clause 17, substantiated by statement(s) of the entity(s) participating in the Tender in its letter-head pad declaring source of its availability;
(h) authority(s), to seek references from the Tenderer’s Bankers or any other sources, of the entity(s) participating in the Tender in its letter-head pad;
(i) reports on the financial standing of the Tenderer, such as profit and loss statements and audited balance sheet for the past years as specified in the TDS, of the entity(s) participating in the Tender, substantiated by Audit Reports.
33. Validity Period of Tender
33.1 Tenders shall remain valid for the period as specified in the TDS after the date of Tender submission deadline. A Tender valid for a period shorter than that specified will be considered, non- responsive.
34. Extension of Tender Validity and Tender Security
34.1 In exceptional circumstances, prior to the expiration of the Tender Validity period, the Procuring Entity may solicit all the Tenderers’ consent to an extension of the period of validity of their Tenders; provided that those Tenderers have passed the preliminary examination as stated under ITT Sub Clause 51.3.
34.2 The request for extension of Tender Validity period shall state the new date of the validity of the Tender.
34.2 The request and the responses shall be made in writing. Validity of the Tender Security provided under ITT Clause 35 shall also be suitably extended for twenty-eight (28) days beyond the new date for the expiry of the Tender Validity. If a Tenderer does not respond or refuses the request it shall not forfeit its Tender Security, but its Tender shall no longer be considered in the evaluation proceedings. A Tenderer agreeing to the request will not be required or permitted to modify its Tender.
35. Tender Security
35.1 Tenderers shall furnish as part of its Tender, in favour of the Procuring Entity or as otherwise directed on account of the Tenderer, a Tender Security in original form (not copy) and in the amount, as specified in the TDS.
35.2 If the Tender is a Joint Venture, the Tenderer shall furnish as part of its Tender, in favour of the Procuring Entity or as otherwise directed on account of the title of the existing or intended JV or any of the partners of that JV or in the names of all future partners as named in the Letter of Intent of the JV, a Tender Security in original form and in the amount as stated under ITT Sub Clause 35.1.
35.3 In case of substitution of the Tender as stated under ITT Clause 46 a new Tender Security shall be required in the substituted Tender.
36. Form of Tender Security
36.1 The Tender Security shall:
(a) at the Tenderer’s option, be either;
i. in the form of a Bank Draft or Pay Order, or
ii. in the form of an irrevocable unconditional Bank Guarantee issued by any scheduled Bank of Bangladesh, in the format (Form PW3-6),without any alteration, furnished in Section 5: Tender and Contract Forms;
(b) be payable promptly upon written demand by the Procuring Entity in the case of the conditions as stated under ITT Sub Clause 39.1 being invoked; and
(c) remain valid for at least twenty-eight (28) days beyond the expiry date of the Tender Validity in order to make a claim in due course against a Tenderer in the circumstances as stated under ITT Sub Clause 39.1.
37. Authenticity of Tender Security
37.1 The authenticity of the Tender Security submitted by a Tenderer may be examined and verified by the Procuring Entity at its discretion in writing from the Bank issuing the security.
37.2 If a Tender Security is found to be not authentic, the Procuring Entity may proceed to take measures against that Tenderer as stated under ITT Sub Clause 4.4.
37.3 A Tender not accompanied by a valid Tender Security will be considered non-responsive.
38. Return of Tender Security
38.1 No Tender Security shall be returned to the Tenderers before contract signing.
38.2 Unsuccessful Tenderer’s Tender Security will be discharged or returned as soon as possible but within twenty-eight (28) days after the expiry of the Tender Validity period as stated under ITT Sub Clauses 33.1.
38.3 The Tender Security of the successful Tenderer will be discharged upon the Tenderer’s furnishing of the performance security and signing of the Contract Agreement.
39. Forfeiture of Tender Security
39.1 The Tender Security may be forfeited, if a Tenderer:
(a) withdraws its Tender after opening of Tenders but within the validity of the Tender as stated under ITT Clause 33 and 34; or
(b) refuses to accept a Notification of Award as stated under ITT Sub Clause 64.3; or
(c) fails to furnish Performance Security as stated under ITT Sub Clause 65.1 and 65.2; or
(d) refuses to sign the Contract as stated under ITT Sub Clause 70.2; or
(e) does not accept the correction of the Tender price following the correction of the arithmetic errors as stated under ITT Clause 55.
40. Format and Signing of Tender
40.1 Tenderers shall prepare one (1) original of the documents comprising the Tender as described in ITT Clause 24 and clearly mark it “ORIGINAL” In addition, the Tenderers shall prepare the number of copies of the Tender, as specified in the TDS and clearly mark each of them “COPY.” In the event of any discrepancy between the original and the copies, the ORIGINAL shall prevail.
40.2 Alternatives, if permitted as stated under ITT Clause 26, shall be clearly marked “Alternative”.
40.3 The original and each copy of the Tender shall be typed or written in indelible ink and shall be signed by the Person duly authorized to sign on behalf of the Tenderer. This Tender specific authorization shall be attached to the Tender Submission Letter (Form PW3-1). The name and position held by each Person(s) signing the authorization must be typed or printed below the signature. All pages of the original and of each copy of the Tender, except for un-amended printed literature, shall be numbered sequentially and signed by the person signing the Tender.
40.4 Any interlineations, erasures, or overwriting will be valid only if they are signed or initialled by the Person(s) signing the Tender.
E. Tender Submission
41. Sealing, Marking and Submission of Tender
41.1 Tenderers shall enclose the original in one (1) envelope and all the copies of the Tender, including the alternatives, if permitted under ITT Clause 26, in another envelope, duly marking the envelopes as “ORIGINAL (O)” “ALTERNATIVE (A)” (if permitted) and “COPY.” These sealed envelopes will then be enclosed and sealed in one (1) single outer envelope.
41.2 The inner and outer envelopes shall:
(a) be addressed to the Procuring Entity at the address as stated under ITT Sub Clause 42.1;
(b) bear the name of the Tender and the Tender Number as stated under ITT Sub Clause 1.1;
(c) bear the name and address of the Tenderer;
(d) bear a statement “DO NOT OPEN BEFORE ———————-” the time and date for Tender opening as stated under ITT Sub Clause 48.1;
(e) bear any additional identification marks as specified in the TDS.
41.3 Tenderers are solely and entirely responsible for pre-disclosure of Tender information if the envelope(s) are not properly sealed and marked.
41.4 Tenders shall be delivered by hand or by mail, including courier services at the address(s) as stated under ITT Sub Clause 42.1.
41.5 The Procuring Entity will, on request, provide the Tenderer with acknowledgement of receipt showing the date and time when it’s Tender was received.
42. Deadline for Submission of Tender
42.1 Tenders shall be delivered to the Procuring Entity at the address specified in the TDS and not later than the date and time specified in the TDS.
42.2 The Procuring Entity may, at its discretion, extend the deadline for submission of Tender as stated under ITT Sub Clause 42.1, in which case all rights and obligations of the Procuring Entity and Tenderers previously subject to the deadline will thereafter be subject to the new deadline as extended.
42.3 If submission of Tenders is allowed in more than one location, the date and time, for submission of Tenders for both the primary and the secondary place(s), shall be the “same and not different” as specified in the TDS.
42.4 The Procuring Entity shall ensure that the Tenders received at the secondary place(s) are hand-delivered at the primary place as stated under ITT Sub Clause 42.1, within THREE (3) HOURS after the deadline for submission of Tenders at the secondary place (s), in case of MULTIPLE DROPPING as stated under ITT Sub Clause 42.3, as specified in the TDS.
43. Late Tender
43.1 Any Tender received by the Procuring Entity after the deadline for submission of Tenders as stated under ITT Sub Clause 42.1shall be declared LATE and returned unopened to the Tenderer.
44. Modification, Substitution or Withdrawal of Tender
44.1 Tenderers may modify, substitute or withdraw its Tender after it has been submitted by sending a written notice duly signed by the authorized signatory and properly sealed, and shall include a copy of the authorization ; provided that such written notice including the affidavit is received by the Procuring Entity prior to the deadline for submission of Tenders as stated under ITT Clause 42.
45. Tender Modification
45.1 Tenderers shall not be allowed to retrieve its original Tender, but shall be allowed to submit corresponding modification to its original Tender marked as “MODIFICATION (M)”.
46. Tender Substitution
46.1 Tenderers shall not be allowed to retrieve its original Tender, but shall be allowed to submit another Tender marked as “SUBSTITUTION (S)”.
47. Tender Withdrawal
47.1 Tenderers shall be allowed to withdraw its Tender by a Letter of Withdrawal marked as “WITHDRAWAL(W)”.
F. Tender Opening and Evaluation
48. Tender Opening
48.1 Tenders shall be opened immediately after the deadline for submission of Tenders at the primary place as specified in the TDS but not later than ONE HOUR after expiry of the submission deadline at the same primary place unless otherwise stated under ITT Sub Clause 48.2.
48.2 If submission of Tenders is allowed in more than one location as stated under ITT Sub Clause 42.3 and 42.4, Tenders shall be opened, immediately after receipt of Tenders from all the secondary place(s), at the primary place at the date and time as stated under ITT Sub Clause 48.1.
48.3 Persons not associated with the Tender may not be allowed to attend the public opening of Tenders.
48.4 Tenderers’ representatives shall be duly authorised by the Tenderer. Tenderers or their authorised representatives will be allowed to attend and witness the opening of Tenders, and will sign a register evidencing their attendance.
48.5 The authenticity of withdrawal or substitution of, or modifications to original Tender, if any made by a Tenderer in specified manner, shall be examined and verified by the Tender Opening Committee (TOC) based on documents submitted as stated under ITT Sub Clause 44.1.
48.6 Ensuring that only the correct (M), (S), (A), (O) envelopes are opened, details of each Tender will be dealt with as follows:
(a) the Chairperson of the TOC will read aloud each Tender and record in the Tender Opening Sheet (TOS):
(i) the name and address of the Tenderer;
(ii) state if it is a withdrawn, modified, substituted or original Tender;
(iii) the Tender price;
(iv) the official cost estimate;
(v) any discounts;
(vi) any alternatives;
(vii) the presence or absence of any requisite Tender Security; and
(viii) such other details as the Procuring Entity, at its discretion, may consider appropriate
(b) only discounts and alternatives read aloud at the Tender opening will be considered in evaluation.
(c) all pages of the original version of the Tender, except for un-amended printed literature, will be initialled by members of the TOC.
48.7 Upon completion of Tender opening, all members of the TOC and the Tenderers or Tenderer’s duly authorised representatives attending the Tender opening shall sign by name, address, designation, the TOS, copies of which shall be issued to the Head of the Procuring Entity or an officer authorised by him or her and also to the members of the TOC and any authorised Consultants and, to the Tenderers immediately.
48.8 The omission of a Tenderer’s signature on the record shall not invalidate the contents and effect of the record under ITT Sub Clause 48.6.
48.9 No Tender will be rejected at the Tender opening stage except the LATE Tenders as stated in the ITT Clause 43.
49. Evaluation of Tenders
49.1 Tenders shall be examined and evaluated only on the basis of the criteria specified in the Tender Document.
49.2 Tender Evaluation Committee (TEC) shall examine, evaluate and compare Tenders that are responsive to the requirements of Tender Documents in order to identify the successful Tenderer.
49.3 Tenderers having quoted the tender price more than 10 (Ten) percent above or below the official cost estimate, the tender will be rejected.
50. Evaluation Process
50.1 TEC may consider a Tender as responsive in the Evaluation, only if it is submitted in compliance with the mandatory requirements set out in the Tender Document. The evaluation process should begin immediately after Tender opening following four steps:
(a) Preliminary examination
(b) Technical examination and responsiveness
(c) Financial evaluation and price comparison
(d) Post-qualification of the Tender.
50.2 In case of tie for the evaluated price, the tenderer shall be selected based on the “Past Performance Evaluation and rating matrix for different aspects” to be used in assessing the Tenderer’s quality as stated below:
50.3 In case of the Tenderer is a JV, the business share of the JV Partners of this Tender shall be applied in determining the JV Total Contract Numbers and Values.
50.4 If the total score of all the Tenderers become 0.00 (zero), the Tender shall be rejected for Re-Tendering.
50.5 In very rare case of highest equal Total Scores, Winner shall be selected according to Score 1, if Score 1 is same then Winner shall be selected according to Score 2. Otherwise Tender shall be rejected for Re-Tendering.
51. Preliminary Examination
51.2 TEC shall examine the Tenders to confirm that all documentation as stated under ITT Clause 24 has been provided, to determine the completeness of each document submitted.
51.3 TEC shall confirm that the following documents and information have been provided in the Tender. If any of these documents or information is missing, the Tender shall be considered rejected.
(a) Tender Submission Letter;
(b) Priced Bill of Quantities;
(c) Written confirmation authorizing the signatory of the Tender to commit the Tenderer; and
(d) Valid Tender Security.
52. Technical Responsiveness and Technical Evaluation
52.1 TEC’s determination of a Tender’s responsiveness is to be based on the contents of the Tender itself without recourse to extrinsic evidence.
52.2 A responsive Tender is one that conforms in all respects to the requirements of the Tender Document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that:
(a) affects in any substantial way the scope, quality, or performance of the Works and physical services specified in the Contract; or
(b) limits in any substantial way, or is inconsistent with the Tender Documents, the Procuring Entity’s rights or the Tenderer’s obligations under the Contract; or
(c) if rectified would unfairly affect the competitive position of other Tenderers presenting responsive Tenders.
During the evaluation of Tenders, the following definitions shall apply:
“Deviation” is a departure from the requirements specified in the Tender Document;
“Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Tender Document; and
“Omission” is the failure to submit part or all of the information or documentation required in the Tender Document.
52.3 If a Tender is not responsive to the mandatory requirements set out in the Tender Document, shall not subsequently be made responsive by the Tenderer by correction of the material deviation, reservation, or omission.
52.4 There shall be no requirement as to the minimum number of responsive Tenders.
52.5 There shall be no automatic exclusion of Tenders which are above or below the official estimate except ITT sub-Clause 49.3.
52.6 TEC shall evaluate the aspects of the Tender submitted as stated under ITT Clauses 29, 30,31 and 32 and, to confirm that all requirements specified in Section 7: General Specifications and Section 8: Particular Specifications of the Tender Document have been met without any material deviation, reservation or omission.
52.7 Provided that a Tender is responsive, TEC may request that the Tenderer submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the Tender related to documentation requirements. Such omission shall not be related to any aspect of the rates of the Tender reflected in the Priced BOQ or any mandatory criteria. Failure of the Tenderer to comply with the request may result in the consideration of its Tender as non-responsive.
52.8 TEC may regard a Tender as responsive even if it contains;
(a) minor or insignificant deviations which do not meaningfully alter or depart from the technical specifications, characteristics and commercial terms and, conditions or other mandatory requirements set out in the Tender Document; or
(b) errors or oversights, that if corrected, would not alter the key aspects of the Tender.
53. Clarification on Tender
53.1 TEC may ask Tenderers for clarification of their Tenders, including breakdowns of unit rates, in order to facilitate the examination and evaluation of Tenders. The request for clarification by the TEC and the response from the Tenderer shall be in writing, and Tender clarifications which may lead to a change in the substance of the Tender or in any of the key elements of the Tender as stated under ITT Sub Clause 52.2, will neither be sought nor be permitted.
53.2 Changes in the Tender price shall also not be sought or permitted, except to confirm the correction of arithmetical errors discovered by the TEC in the evaluation of the Tenders, as stated under ITT Sub Clause 55.1.
53.3 Any request for clarifications by the TEC shall not be directed towards making an apparently non-responsive Tender responsive and reciprocally the response from the concerned Tenderer shall not be articulated towards any addition, alteration or modification to its Tender.
53.4 If a Tenderer does not provide clarifications of its Tender by the date and time, its Tender shall not be considered in the evaluation
54. Restrictions on Disclosure of Information
54.1 Following the opening of Tenders until issuance of Notification of Award no Tenderer shall, unless requested to provide clarification to its Tender or unless necessary for submission of a complaint, communicate with the concerned Procuring Entity
54.2 Tenderers shall not seek to influence in anyway, the examination and evaluation of the Tenders
54.3 Any effort by a Tenderer to influence the Procuring Entity in its decision concerning the evaluation of Tenders, Contract awards may result in the non-responsiveness of its Tender as well as further action in accordance with Section 64 (5) of the Public Procurement Act, 2006.
54.4 All clarification requests shall remind Tenderers of the need for confidentiality and that any breach of confidentiality on the part of the Tenderer may result in their Tender being non-responsive.
55. Correction of Arithmetical Errors
55.1 Provided that the Tender is responsive, the TEC shall correct arithmetical errors on the following basis:
(a) if there is a discrepancy between the unit price and the line item total price that is obtained by multiplying the unit price and quantity, the unit price will prevail and the line item total price shall be corrected, unless in the opinion of the TEC there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted will govern and the unit price will be corrected; and
(b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above.
55.2 TEC shall correct the arithmetic errors and shall promptly notify the concerned Tenderer(s).If the Tenderer does not accept the correction of arithmetic errors, its Tender shall be rejected.
56. Financial Evaluation
56.1 TEC will evaluate each Tender that has been determined, up to this stage of the evaluation, to be responsive to the requirements set out in the Tender Document.
56.2 To evaluate a Tender, the TEC will consider the following:
(a) the Tender price, excluding Provisional Sums and the provision, if any, for contingencies in the priced BOQ, but including Daywork items ;
(b) adjustments for correction of arithmetical errors, as stated under ITT Sub Clause 55.1;
(c) adjustments in order to take into consideration the unconditional discounts as stated under ITT Sub Clause 27.5 and 27.6, if any..
56.3 Variations, deviations, alternatives and other factors which are in excess of the requirements of the Tender Document or otherwise result in unsolicited benefits for the Procuring Entity will not be taken into account in Tender evaluation.
56.4 The estimated effect of any price adjustment provisions under GCC Clause 71, applied over the period of execution of the Contract, will not be taken into account in Tender evaluation.
56.5 If so indicated in the ITT Sub Clause 1.1 the Procuring Entity may award one or multiple lots to one Tenderer following the methodology specified in ITT Sub Clause 56.6.
56.6 To determine the lowest-evaluated lot/package the TEC will take into account:
(a) the lowest-evaluated Tender for each lot;
(b) the resources sufficient to meet the qualifying criteria for the individual lot or aggregate of the qualifying criteria for the multiple lots;
(c) the price reduction on account of discount per lot/package as offered by the Tenderer in its Tender; and
(d) the Contract-award sequence that provides the optimum economic combination on the basis of least overall cost of the total Contract package taking into account any limitations due to constraints in Works or execution capacity determined in accordance with the tender capacity as stated in ITT Sub Clause 15.1 (d) and post-qualification criteria as stated under ITT Clause 59.
56.7 TEC may recommend to increase the amount of the Performance Security above the amounts as stated under ITT Sub Clause 65.1 but not exceeding twenty-five (25) percent of the Contract Price, if in the opinion of TEC, it is found that the Tender is significantly below the updated official estimated cost or unbalanced as a result of front loading.
57. Price Comparison
57.1 TEC shall compare all responsive Tenders to determine the lowest-evaluated Tender, as stated under ITT Clause 56.
57.2 In the extremely unlikely event that there is a tie for the lowest evaluated price, the Tenderer with the superior past performance as stated in ITT sub-clause 50.2 shall be selected.
57.3 In the event that there is a tie for the lowest price and none of the Tenderers has the record of past performance with the Procuring Entity as stated under ITT Sub Clause 57.2, then the Tenderer shall be selected, subject to firm confirmation through the Post-qualification process, after consideration as to whether the Tenderer has demonstrated in its Tender superior past performance with the other Procuring Entities or a more efficient work programme and work methodology.
57.4 The successful Tenderer as stated under ITT Sub Clause 57.1, 57.2 and 57.3 shall not be selected through lottery under any circumstances.
58. Negotiations
58.1 No negotiations shall be held during the Tender evaluation or award, with the lowest or any other Tenderer.
58.2 The Procuring Entity through the TEC may, however, negotiate with the lowest evaluated Tenderer with the objective to reduce the Contract Price by reducing the scope of works or a reallocation of risks and responsibilities, only when it is found that the lowest evaluated Tender is significantly higher than the official estimated cost; the reasons for such higher price being duly investigated.
58.3 If the Procuring Entity decides to negotiate for reducing the scope of the requirements under ITT Sub Clause 58.2, it will be required to guarantee that the lowest Tenderer remains the lowest Tenderer even after the scope of work has been revised and shall further be ensured that the objective of the Procurement will not be seriously affected through this reduction.
58.4 In the event that the Procuring Entity decides because of a high Tender price to reduce the scope of the requirements to meet the available budget, the Tenderer is not obliged to accept the award and shall not be penalised in any way for un-accepting the proposed award.
59. Post-qualification
59.1 The determination on Post-qualification shall be based upon an examination of the documentary evidence of the Tenderer’s qualifications submitted by the Tenderer, pursuant to ITT Clause 32, clarifications as stated under ITT Clause 53 and the qualification criteria indicated in ITT Clauses 12 to 17. Factors not included therein shall not be used in the evaluation of the Tenderer’s qualification.
59.2 An affirmative determination shall be a prerequisite for award of the Contract to the Tenderer. A negative determination shall result in non-responsiveness of the Tenderer’s Tender, in which event the Procuring Entity shall proceed to the next lowest evaluated Tender to make a similar determination of that Tenderer’s capabilities to perform the Contract satisfactorily, if awarded.
59.3 TEC may verify information contained in the Tender by visiting the premises of the Tenderer as a part of the post qualification process, if practical and appropriate.
60. Procuring Entity’s Right to Accept any or to Reject Any or All Tenders
60.1 The Procuring Entity reserves the right to accept any Tender or to reject any or all the Tenders any time prior to contract award and , to annul the Procurement proceedings with prior approval of the Head of the Procuring Entity, any time prior to the deadline for submission of Tenders following specified procedures, without thereby incurring any liability to Tenderers, or any obligations to inform the Tenderers of the grounds for the Procuring Entity’s action.
61. Rejection of All Tenders
61.1 The Procuring Entity may, in the circumstances as stated under ITT Sub Clause61.2 reject all Tenders following recommendations from the TEC only after the approval of such recommendations by the Head of the Procuring Entity.
61.2 All Tenders can be rejected, if –
(a) the price of the lowest evaluated Tender exceeds the official estimated cost, provided the estimate is realistic, subject to ITT Sub Clause 58.2 ; or
(b) there is evidence of lack of effective competition; such as non-participation by a number of potential Tenderers; or
(c) the Tenderers are unable to propose completion of the contract within the stipulated time in its Tender, though the stipulated time is reasonable and realistic; or
(d) all Tenders are non-responsive; or
(e) evidence of professional misconduct, affecting seriously the Procurement process, is established pursuant to Rule 127 of the Public Procurement Rules, 2008
61.3 Notwithstanding anything contained in ITT Sub-Clause 61.2 Tenders may not be rejected if the lowest evaluated price is in conformity with the market price.
62. Informing Reasons for Rejection
62.1 Notice of the rejection will be given promptly within seven (7) working days of decision taken by the Procuring Entity to all Tenderers and, the Procuring Entity will, upon receipt of a written request, communicate to any Tenderer the reason(s) for its rejection but is not required to justify those reason(s).
G. Contract Award
63. Award Criteria
63.1 The Procuring Entity shall award the Contract to the Tenderer whose Tender is responsive to all the requirements of the Tender Document and that has been determined to be the lowest evaluated Tender, provided further that the Tenderer is determined to be Post-qualified in accordance with ITT Clouse 59.
63.2 Tenderer will not be required, as a condition for award, to undertake responsibilities not stipulated in the Tender Documents, to change its price, or otherwise to modify its Tender.
64. Notification of Award
64.1 Prior to the expiry of the Tender Validity period and within one (1) week of receipt of the approval of the award by the Approving Authority, the Procuring Entity shall issue the Notification of Award (NOA) to the successful Tenderer.
64.2 The NOA, attaching the contract as per the sample (Form PW3-8) to be signed, shall state :
(a) the acceptance of the Tender by the Procuring Entity;
(b) the price at which the contract is awarded;
(c) the amount of the Performance Security and its format;
(d) the date and time within which the Performance Security shall be furnished; and
(e) the date and time within which the Contract shall be signed.
64.3 The NOA shall be accepted by the successful Tenderer within seven (7) working days from the date of its issuance.
64.4 Until a formal contract is signed, the NOA will constitute a Contract, which shall become binding upon the furnishing of a Performance Security and the signing of the Contract by both parties.
65. Performance Security
65.1 Performance Security shall be provided by the successful Tenderer in BDT currency, of the amount as specified in the TDS.
65.2 The Procuring Entity shall increase the amount of the Performance Security on the recommendation of TEC above the amounts as stated under ITT Sub Clause 56.7.
65.3 The proceeds of the Performance Security shall be payable to the Procuring Entity unconditionally upon first written demand as compensation for Contractor’s failure to complete its obligations under the Contract.
65.4 In the event a Government owned enterprise as stated under ITT Sub Clause 5.10 is the successful Tenderer, Performance Security, as stated under ITT Sub Clause 65.1, shall not be required and, in lieu, there shall be Retention Money as specified in the TDS.
66.Form and Time Limit for Furnishing of Performance Security 66.1 Performance Security, as stated under ITT Clause 65, may be in the form of a Bank Draft, Pay Order or an irrevocable unconditional Bank Guarantee in the format (Form PW3-10), without any alteration, issued by any scheduled Bank of Bangladesh acceptable to the Procuring Entity.
66.2 Within fourteen (14) days from the date of acceptance of the NOA but not later than the date specified therein, the successful Tenderer shall furnish the Performance Security for the due performance of the Contract in the amount as stated under ITT Sub Clauses 65.1 or 65.2.
67.Validity of Performance Security
67.1 Performance Security shall be required to be valid until a date twenty-eight (28) days beyond the Intended Completion Date as specified in Tender Document.
68. Authenticity of Performance Security
68.1 The Procuring Entity shall verify the authenticity of the Performance Security submitted by the successful Tenderer by sending a written request to the branch of the Bank issuing the Pay Order, Bank Draft or irrevocable unconditional Bank Guarantee in specified format.
69. Contract Signing
69.1 At the same time as the Procuring Entity issues the NOA, the Procuring Entity will send the draft Contract Agreement and all documents forming the Contract to the successful Tenderer.
69.2 Within twenty–eight (28) days of the issuance of the NOA, the successful Tenderer and the Procuring Entity shall sign the contract. In the event the successful Tenderer is a JV, all partners of that JV must sign.
69.3 Failure of the successful Tenderer to submit the Performance Security, as stated under ITT Sub Clause 65.1, or to sign the Contract, as stated under ITT Sub Clause69.2, shall constitute sufficient grounds for the annulment of the award and forfeiture of the Tender Security. In that event the Procuring Entity may award the Contract to the next lowest evaluated responsive Tenderer, who is determined by the TEC to be qualified to perform the Contract satisfactorily.
70. Publication of Notification of Award of Contract
70.1The NOA for Contract shall be notified by the Procuring Entity to the Central Procurement Technical Unit within seven (7) days of its issuance for publication in their website, and that notice shall be kept posted for not less than a month.
71. Debriefing of Tenderers
71.1 Debriefing of Tenderers by the Procuring Entity shall outline the relative status and weakness only of his or her Tender requesting to be informed of the grounds for not accepting the Tender submitted by him or her, without disclosing information about any other Tenderer.
71.2 In the case of debriefing, confidentiality of the evaluation process shall be maintained.
72. Adjudicator
72.1 The Procuring Entity proposes the person named in the TDS to be appointed as Adjudicator under the Contract, at an hourly fee and for those reimbursable expenses as specified in the TDS.
73. Right to Complain
73.1 Tenderer has the right to complain in accordance with the Public Procurement Act 2006 and the Public Procurement Rules, 2008.
