2017 08 02 18 44 33 Pprpii Fin Esc PW5 (1) - 87

This is the Final working draft.
PE can use this

draft for their Tender preparation. During
preparation of Tender, if any problem/
confusion arise, PEs are requested to contact
with CPTU for further clarifications. If any
comments/ suggestions to offer, please send
them to e-mail: [email protected];
[email protected] as early as possible.
GOVERNMENT OF THE PEOPLE’S REPUBLIC OF

BANGLADESH
Standard Tender Document

For Procurement of Works (International)
[Open Tendering Method]
(for values above Tk.350 million)

[with pre-qualification]
Central Procurement Technical Unit

Implementation Monitoring and Evaluation Division
Ministry of Planning
September 2009 PW5
CPTU-IMED PW5-OTM (International)

Guidance Notes on the Use of
The Standard Tender Document
These guidance notes have been prepared by the CPTU to assist the Procuring Entities in the
preparation, using this Standard Tender Document (STD), for the procurement of Works and
Physical services having estimated cost up to Tk 350 million. The Procuring Entities should
also refer to the Public Procurement Act 2006 (Act No 24 of 2006) and the Public Procurement
Rules, 2008, issued to supplement the Act available on CPTU’s website:
http://www.cptu.gov.bd/. All concerned are advised to refer to the aforementioned Act and
Rules and amendment thereto, in particular Section 33 and Rule 83 respectively, while
participating in any Tendering process.
The use of STD (PW5) applies when a particular Procuring Entity (Employer) intends to select
a Tenderer (a Contractor) for the Procurement of Works and physical services under Open
Tendering Method (OTM) while the contract award is being determined on the basis of lowest
evaluated responsive Tender and when a pre-qualification process has taken place.
STD (PW5) is intended as a model for admeasurements contracts (unit prices or unit rates in
a Bill of Quantities) and the main text refers to admeasurements Contracts.
STD (PW5) is based upon internationally acceptable model formats, which have been adapted
to suit the particular needs of procurement within Bangladesh.
The Employer addresses its specific needs through the information provided in the Tender
Data Sheet (TDS) and the Particular Conditions of Contract (PCC) as well as in the detailed
requirements of the procurement in the Bill of Quantities, General and Particular
Specifications and/or the Drawings.
Guidance notes in brackets and italics are provided for both the Employer and the Tenderer
and as such the Employer should carefully decide what notes need to remain and what other
guidance notes might be required to assist the Tenderer in preparing its Tender Submission;
so as to minimise the inept Tendering Process. The Invitation for Tender (IFT) is provided in
this Tender Document for information only.
STD (PW5) when properly completed will provide all the information that a Tenderer needs in
order to prepare and submit a Tender. This should provide a sound basis on which the
Employer can fairly, transparently and efficiently carry out a Tender evaluation process on
the Tenders submitted by the Tenderers.
STD (PW5) has 9 Sections, of which Section 1: Instruction to Tenderer and Section 3:
General Conditions of Contract must not be altered or modified under any circumstances.
The following briefly describes the Sections of STD (PW5) and how a Employer should use
these when preparing a particular Tender Document.
Section 1. Instructions to Tenderers (ITT)
This Section provides relevant information to help Tenderers prepare their
Tenders. Information is also provided on the submission, opening, and
evaluation of Tenders and on the award of Contract. The Instruction to
Tenderer (ITT) specifies the instructions and procedures that govern the
tendering process. This Section also contains the criteria to be used by the
Employer to determine the lowest evaluated Tender and the qualifications of
the Tenderer to perform the Contract. The Instructions to Tenderer (ITT) are
therefore not a part of the Contract.
CPTU-IMED PW5-OTM (International) i

The text of the Clauses in this Section shall not be modified.
Section 2. Tender Data Sheet (TDS)

This Section provides the information that is specific to each object of
procurement and that supplements the information or requirements included in
Section 1: Instructions to Tenderers. The Employer shall specify in the TDS
only the information that the ITT instructs to be specified in the TDS. To
facilitate the preparation of the TDS, its Clause Numbers are numbered with
the same numbers of the corresponding ITT Clauses.
Section 3. General Conditions of Contract (GCC)
This Section provides the General Conditions of Contract that will apply to the
Contract for which the Tender document is issued. The GCC clearly identifies
the provisions that may normally need to be specified for a particular tendering
process and need to be addressed through the PCC.
The text of the clauses in this Section shall not be modified.
Section 4. Particular Conditions of Contract (PCC)

This Section provides clauses specific to the particular Contract that modify or
supplement Section 3: General Conditions of Contract. The Employer
should include at the time of issuing the Tender Documents all information that
the GCC indicate, shall be provided in the PCC. No PCC Clause should be left
blank. To facilitate the preparation of the PCC, its Clause Numbers are
numbered with the same numbers of the corresponding GCC Clauses.
Section 5. Tender and Contract Forms
This Section provides the standard format for the Tender Submission Letter,
(Form PW5-1), Tenderer Information (Form PW5-2) and Tender Security
(Form PW5-6) to be submitted by the Tenderer.
This Section also contains the form of the Notification of Award (Form PW5-
7) and the Contract Agreement (Form PW5-8) which, when completed,
incorporates any corrections or modifications to the accepted Tender relating
to amendments permitted by the Instructions to Tenderers, the General
Conditions of Contract (GCC) and the Particular Conditions of Contract
(PCC).
The forms for Bank Guarantee for Performance Security (Form PW5-9),
Bank Guarantee for Advance Payment (Form PW5-10) and Bank
Guarantee for Refund of Retention Money (Form PW5-11), as and if
applicable, are to be completed and furnished by the successful Tenderer,
when required.
CPTU-IMED PW5-OTM (International) ii

Section 6. Bill of Quantities
This Section provides the items and estimated quantities of Works to be
performed and must be carefully prepared by a Employer for each object of
procurement. BoQ requires to be customized according to the currency
combination and denomination.
Section 7. General Specifications
This Section provides the General Specifications that describe the Works and
Associated Services to be procured.
Section 8. Particular Specifications
This Section provides further details as to precise requirements not included in
the General Specifications, or which modify or clarify the General Specifications
for the particular Works and Associated Services to be procured.
Section 9. Drawings
This Section contains any Drawings that supplement the General and Particular
Specifications for the Works and Associated Services to be procured.
Format for Invitation for Tender (IFT) attached at the back of this Document is for
information only
CPTU-IMED PW5-OTM (International) iii

[enter here the name and address of the Employer]
TENDER DOCUMENT
FOR PROCUREMENT OF WORKS (INTERNATIONAL)
[enter here the nature of the works and physical services to be procured]
Invitation for Tender No:

Issued on:
Tender Package No:
Table of Contents
CPTU-IMED PW5-OTM (International) iv
Section 1. Instructions to Tenderers...............................................................1
A. General ......................................................................................................... 1
1.Scope of Tender ............................................................................................... 1
2.Interpretation .................................................................................................... 1
3.Source of Funds ............................................................................................... 1
4.Corrupt, Fraudulent, Collusive or Coercive Practices ........................................ 2
5.Eligible Tenderers ............................................................................................. 2
6.Eligible Materials, Equipment and Associated Services .................................... 3
7.Site Visit ........................................................................................................... 3
B. Tender Document ........................................................................................ 3
8. Tender Document: General............................................................................. 3
9. Clarification of Tender Document .................................................................... 4
10.Pre-Tender Meeting ....................................................................................... 4
11.Addendum to Tender Document ..................................................................... 4
C. Qualification Criteria ........................................................................................... 5
12.Qualification .................................................................................................... 5
13.Joint Venture, Consortium or Association (JVCA) ........................................... 5
14.Subcontractor(s) ............................................................................................. 6
15.Domestic Preference ...................................................................................... 6
D. Tender Preparation ...................................................................................... 7
16.Only One Tender ............................................................................................ 7
17.Cost of Tendering ........................................................................................... 7
18.Issuance and Sale of Tender Document ......................................................... 7
19.Language of Tender ....................................................................................... 8
20.Contents of Tender ......................................................................................... 8
21.Tender Submission Letter and Bill of Quantities.............................................. 9
22.Alternatives ..................................................................................................... 9
23.Tender Prices, Discounts and Price Adjustment ............................................. 9
24.Tender Currency and Payments ................................................................... 11
25.Documents Establishing Eligibility of the Tenderer........................................ 11
26.Documents Establishing the Eligibility and Conformity of Materials, Equipment
and Services .............................................................................................. 11
27.Documents Establishing Technical Proposal ................................................ 11
28.Documents Establishing the Tenderer’s Qualification ................................... 11
29.Validity Period of Tender............................................................................... 11
30.Extension of Tender Validity and Tender Security ..................................... 12
31.Tender Security ............................................................................................ 12
32.Form of Tender Security ............................................................................... 13
33.Authenticity of Tender Security ..................................................................... 13
34.Return of Tender Security ............................................................................. 13
35.Forfeiture of Tender Security ........................................................................ 13
36.Format and Signing of Tender ...................................................................... 14
E. Tender Submission.................................................................................... 14
37.Sealing, Marking and Submission of Tender ................................................. 15
38.Deadline for Submission of Tender ............................................................... 15
39.Late Tender .................................................................................................. 16
40.Modification, Substitution or Withdrawal of Tender ....................................... 16
41.Tender Modification ...................................................................................... 16
42.Tender Substitution ....................................................................................... 16
43.Withdrawal of Tender .................................................................................... 16
F. Tender Opening and Evaluation ............................................................... 16
CPTU-IMED PW5-OTM (International) v

44.Tender Opening ............................................................................................ 16
45.Evaluation of Tenders ................................................................................... 18
46.Evaluation Process ....................................................................................... 18
47.Preliminary Examination ............................................................................... 19
48.Technical Examination and Responsiveness ................................................ 20
49.Clarification on Tender .................................................................................. 21
50.Restrictions on Disclosure of Information Relating to Procurement Process . 22
51.Correction of Arithmetical Errors ................................................................... 22
52.Conversion to Single Currency ..................................................................... 22
53.Financial Evaluation ...................................................................................... 22
54.Price Comparison ......................................................................................... 24
55.Negotiations.................................................................................................. 25
56.Post-qualification .......................................................................................... 25
57.Rejection of All Tenders ................................................................................ 26
58.Informing Reasons for Rejection ................................................................... 27
G. Contract Award .......................................................................................... 27
59.Award Criteria ............................................................................................... 27
60.Notification of Award ..................................................................................... 27
61.Performance Security ................................................................................... 28
62.Form and Time Limit for Furnishing of Performance Security........................ 28
63.Validity of Performance Security ................................................................... 28
64.Authenticity of Performance Security ............................................................ 29
65.Contract Signing ........................................................................................ 29
66.Publication of Notification of Award of Contract............................................. 29
67.Debriefing of Tenderers ................................................................................ 29
68.Right to Complain ......................................................................................... 29
Section 2. Tender Data Sheet .........................................................................31
A. General ....................................................................................................... 31
B. Tender Document ...................................................................................... 31
C. Qualification Criteria .................................................................................. 32
D. Tender Preparation .................................................................................... 32
E. Tender Submission.................................................................................... 34
F. Tender Opening and Evaluation ............................................................... 35
G. Contract Award .......................................................................................... 35
Section 3. General Conditions of Contract ...................................................36
A. General ....................................................................................................... 36
1. Definitions ................................................................................................................ 36
2. Interpretation ........................................................................................................... 39
3. Communications and Notices ..................................................................................... 40
4. Governing Law ......................................................................................................... 40
5. Governing Language ............................................................................................... 41
6. Documents Forming the Contract and Priority of Documents ............................ 41
7. Contract Agreement ................................................................................................ 41
8. Assignment .............................................................................................................. 41
9. Eligibility ................................................................................................................... 41
10. Gratuities / Agency fees ........................................................................................ 41
11. Confidential Details ................................................................................................. 42
12. Joint Venture, Consortium or Association (JVCA) ............................................... 42
13. Possession of the Site............................................................................................. 43
14. Access to the Site .................................................................................................... 43
15. Employer’s Responsibilities ................................................................................... 43
16. Approval of the Contractor’s Temporary Works ................................................... 43
17. Contractor’s Responsibilities ................................................................................. 44
18. Taxes and Duties ...................................................................................................... 44
CPTU-IMED PW5-OTM (International) vi

19. Contractor’s Personnel ............................................................................................ 44
20. Subcontracting.......................................................................................................... 44
21. Nominated Subcontractor ........................................................................................ 44
22. Other Contractors ..................................................................................................... 45
23. Engineer’s Decisions................................................................................................ 45
24. Delegation ................................................................................................................. 45
25. Instructions ............................................................................................................... 45
26. Queries about the Contract conditions .................................................................... 45
27. Safety, Security and Protection of the Environment ............................................. 45
28. Working Hours .......................................................................................................... 45
29. Welfare of Laborers .................................................................................................. 46
30. Child Labor ................................................................................................................ 46
31. Fossils ....................................................................................................................... 46
32. Employer’s and Contractor’s Risks ........................................................................ 46
33. Employer’s Risks ...................................................................................................... 47
34. Contractor’s Risks .................................................................................................... 47
35. Copyright ................................................................................................................... 47
36. Limitation of Liability ................................................................................................ 48
37. Insurance ................................................................................................................... 48
38. Management and Progress Meetings ...................................................................... 48
39. Corrupt, Fraudulent, Collusive or Coercive Practices ........................................... 49
B. Time Control ............................................................................................... 50
40. Commencement of Works.............................................................................................. 50
41. Completion of Works ................................................................................................. 51
42. Programme of Works................................................................................................. 51
43. Pro Rata Progress...................................................................................................... 51
44. Early Warning ............................................................................................................. 52
45. Extension of Intended Completion Date .................................................................. 52
46. Delays Caused by Authorities .................................................................................. 53
47. Acceleration ............................................................................................................... 53
48. Delays Ordered by the Engineer............................................................................... 53
49. Suspension of Work .................................................................................................. 53
50. Consequences of Suspension .................................................................................. 53
51. Payment for Plant and Materials in Event of Suspension ...................................... 54
52. Prolonged Suspension .............................................................................................. 54
53. Resumption of Work .................................................................................................. 54
C. Quality Control ........................................................................................... 54
54. Execution of Works ................................................................................................... 54
55. Examination of Works before covering up .............................................................. 54
56. Identifying Defects ..................................................................................................... 55
57. Testing ......................................................................................................................... 55
58. Rejection of Works .................................................................................................... 55
59. Remedial Work ........................................................................................................... 55
60. Correction of Defects ................................................................................................ 56
61. Uncorrected Defects .................................................................................................. 56
D. Cost Control ............................................................................................... 56
62. Contract Price ........................................................................................................... 56
63. Bill of Quantities ....................................................................................................... 57
64. Changes in the Quantities and Unit Rate or Price .................................................. 57
65. Variations ................................................................................................................... 57
66. Costing of Variations or Extra Orders ...................................................................... 59
67. Cash Flow Forecasts ................................................................................................. 60
68. Payment Certificates ................................................................................................. 60
69. Payments to the Contractor ...................................................................................... 61
70. Delayed Payment ....................................................................................................... 61
71. Payments to Nominated Subcontractor(s) .............................................................. 61
72. Compensation Events ............................................................................................... 61
73. Adjustments for Changes in Legislation ................................................................. 63
74. Price Adjustment ....................................................................................................... 63
75. Retention Money ........................................................................................................ 64
76. Liquidated Damages .................................................................................................. 64
77. Bonus........................................................................................................................... 65
78. Advance Payment ...................................................................................................... 65
79. Performance Security ................................................................................................ 65
80. Provisional Sums ....................................................................................................... 66
CPTU-IMED PW5-OTM (International) vii

81. Dayworks .................................................................................................................... 67
82. Cost of Repairs to Loss or Damages ....................................................................... 67
83. Completion ................................................................................................................. 67
84. Completion Certificate and Taking Over .................................................................. 67
85. Amendment to Contract ............................................................................................ 68
86. Final Account ............................................................................................................. 68
87. As-built Drawings and Manuals ................................................................................ 68
88. Force Majeure ............................................................................................................ 68
89. Notice of Force Majeure ............................................................................................ 69
90. Duty to Minimize Delay .............................................................................................. 69
91. Consequences of Force Majeure .............................................................................. 69
92. Force Majeure Affecting Subcontractor ................................................................... 70
93. Optional Termination, and Release .......................................................................... 70
94. Release from Performance ....................................................................................... 70
95. Termination ................................................................................................................ 70
96. Payment upon Termination ........................................................................................ 72
97. Property ....................................................................................................................... 73
98. Frustration ................................................................................................................... 73
99. Contractor’s Claims .................................................................................................. 73
100. Settlement of Disputes ............................................................................................. 74
Section 4. Particular Conditions of Contract ................................................75

Section 5. Tender and Contract Forms .........................................................85
Tender Submission Letter (Form PW5-1) ....................................................................... 86
Tenderer Information (Form PW5-2)................................................................................ 89
JVCA Partner Information (Form PW5-3) ........................................................................ 95
Specialist Subcontractor Information (Form PW5-4) ..................................................... 98
Personnel Information (Form PW5-5).............................................................................. 99
Bank Guarantee for Tender Security (Form PW5-6) .................................................... 100
Notification of Award (Form PW5-7).............................................................................. 101
Contract Agreement (Form PW5-8) ............................................................................... 102
Bank Guarantee for Performance Security (Form PW5-9) .......................................... 103
Bank Guarantee for Advance Payment (Form PW5-10)............................................... 104
Bank Guarantee for Retention Money Security (Form PW5-11) ................................. 105
Historical Contract Non-performance (Form PW5-12)
Section 6. Bill of Quantities..........................................................................106

Section 7. General Specifications ...............................................................113
Section 8. Particular Specifications ............................................................114
Section 9. Drawings ......................................................................................115
CPTU-IMED PW5-OTM (International) viii

Section 1. Instructions to Tenderers
A. General
1.Scope of 1.1 The Employer, as indicated in the Tender Data Sheet (TDS) issues
Tender this Tender Document for the procurement of Works and associated
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) “Tender Document” means the Document provided by a
Employer to a Tenderer as a basis for preparation of the
Tender; and
(e) “Tender” depending on the context, means a Tender
submitted by a Tenderer for execution of Works and Physical
Services to the Employer in response to an Invitation for
Tender.
3.Source of 3.1 The Employer has been allocated ‘public funds’ as indicated in
Funds 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
funds allocated to the Employer under Government budget, or
loan, grants and credits placed at the disposal of the Employer
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.
Document1 1
4.Corrupt, 4.1 The Government requires that Employer, as well as Tenderers and
Fraudulent, Contractors shall observe the highest standard of ethics during
Collusive or implementation of procurement proceedings and the execution of
Coercive Contracts under public funds.
Practices
4.2 The Government requires that Employer, as well as Tenderers and
Contractors shall, during the Procurement proceedings and the
execution of Contracts under public funds, ensure-
(a) strict compliance with the provisions of Section 64 of the
Public Procurement Act, 2006;
(b) abiding by the code of ethics as mentioned in the Rule127
of the Public Procurement Rules, 2008;
(c) that neither it’s any officer nor any staff nor any other
agents nor intermediaries working on its behalf engages in
any such practice as detailed in ITT Sub Clause 4.2(b).
4.3 Should any corrupt, fraudulent, collusive or coercive practice of any
kind come to the knowledge of the Employer, it will, in the first place,
allow the Tenderer to provide an explanation and shall, take actions
only when a satisfactory explanation is not received. Such decision
and the reasons thereof, shall be recorded in the record of the
procurement proceedings and promptly communicated to the
Tenderer concerned. Any communications between the Tenderers
and the Employer related to matters of alleged fraud or corruption
shall be in writing.
4.4 If corrupt, fraudulent, collusive or coercive practices of any kind
is determined by the Employer against any Tenderer alleged to
have carried out such practices, the Employer shall :
(a) exclude the concerned Tenderer from further participation
in the particular Procurement proceeding; or
(b) reject any recommendation for award that had been
proposed for that concerned Tenderer; or
(c) 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.
4.5 Tenderers shall be aware of the provisions on corruption,
fraudulence, collusion and coercion in Section 64 of the Public
Procurement Act, 2006 and Rule 127 of the Public Procurement
Rules, 2008.
5.Eligible 5.1 This Invitation for Tenders is open only to the pre-qualified
Tenderers Tenderers for this particular procurement proceeding.
5.2 To establish that the Tenderer continues to meet the criteria used at
the time of pre-qualification, the Tenderer shall provide updated
information on any assessed aspects including litigation history in
Tender Submission Letter (PW5-1) that changed from the time the
Tenderer was pre-qualified for this particular procurement
proceeding.
CPTU-IMED PW5-OTM (International) 2

5.3 Tenderers shall have the legal capacity to enter into the Contract
under the Applicable Law.
5.4 Tenderers shall provide such evidence of their continued eligibility

satisfactory to the Employer, as the Employer will reasonably
request.
5.5 Tenderers’ requirements for eligibility will extend, as applicable, to

each JV partner and Specialist Subcontractor proposed by the
Tenderer.
6.Eligible 6.1 All materials, equipment and associated services to be supplied

Materials, under the Contract are from eligible sources, unless their origin is
Equipment from a country specified in the TDS.
and 6.2 For the purposes of this Clause, “origin” means the place where
Associated the Materials and Equipments are mined, grown, cultivated,
Services produced or manufactured or processed, or through
manufacturing, processing, or assembly, 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.
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.
7.2 Tenderers and any of its personnel or agents will be granted
permission by the Employer to enter into its premises and lands
for the purpose of such visit, but only upon the express condition
that the Tenderer, its personnel, and agents will release and
indemnify the Employer and its personnel and agents from and
against all liability in respect thereof, and will be responsible for
death or personal injury, loss of or damage to property, and any
other loss, damage, costs, and expenses incurred as a result of
the inspection.
7.3 The costs of visiting the Site shall be at the Tenderer’s own
expense.
B. Tender Document
8.Tender 8.1 The Sections comprising the Tender Document are listed below,
Document: and should be read in conjunction with any Addendum issued
General 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
Document1 3
8.2 The Employer will not take into consideration any Tender if the
Tender Document was not directly purchased from or issued by,
the Employer, or through its agent(s) as stated 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 9.1 Tenderers requiring any clarification of the Tender Document shall
of Tender contact the Employer in writing at the Employer’s address indicated
Document in the TDS before two-third of the time allowed for preparation and
submission of Tender elapses.
9.2 The Employer is not obliged to answer any clarification request

received after that date as stated under ITT Sub Clause 9.1.
9.3 The Employer 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 Employer shall forward copies of its response to all those who
have purchased or have been issued with the Tender Document,
including a description of the enquiry but without identifying its source.
9.5 Should the Employer 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 and ITT Sub Clause 38.2.
10.Pre-Tender 10.1 To clarify issues and to answer questions on any matter arising in the
Meeting Tender Document, the Employer may, if stated in the TDS, hold a pre-
Tender Meeting at the place, date and time as specified in the TDS.
All pre-qualified Tenderers are encouraged and invited to attend the
meeting, if it is held.
10.2 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
seven (7) days of holding the meeting to all those who purchased
or obtained 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 Employer exclusively
through the issue of an Addendum pursuant to ITT Sub Clause 11
and not through the minutes of the Pre-Tender meeting.
10.3 Non-attendance at the Pre-Tender meeting will not be a cause for
disqualification of a Tenderer.
11.Addendum 11.1 At any time prior to the deadline for submission of Tenders, the
to Tender Employer, on its own initiative or in response to an inquiry in writing
Document 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 or been issued with the Tender
Documents within five (5) working days of issuance of such
Addendum, to enable Tenderers to take appropriate action.
11.3 Tenderers shall acknowledge receipt of an Addendum within three (3)

working days.
11.4 The Employer shall also ensure posting of the relevant Addenda with
the reference number and date on their websites including notice
boards, where the Employer had originally posted the IFTs.
11.5 Tenderers who have purchased or been issued with the Tender
Documents and, have not received any Addenda issued under ITT
Sub Clause 11.1 shall inform the Employer of the fact by fax, mail or
e-mail, before two- third of the time allowed for the submission of
Tender has elapsed.
11.6 To give pre-qualified Tenderers a reasonable time in which to take an

Addendum into account in preparing its Tender, the Employer may, at
its discretion, extend the deadline for the submission of Tenders as
stated under ITT Sub Clause 38.2.
11.7 If an Addendum is issued when time remaining is less than one-third

of the time allowed for the preparation of Tenders, a Employer 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. The minimum time for
such extension shall not be less than three (3) days.
C. Qualification Criteria
12.Qualificatio 12.1 Tenderers shall be able to abide by the professional and ethical
n standards set out in Section 64 of the Public Procurement Act,
2006 and Rule 127 of the Public Procurement Rules, 2008.
12.2 To establish that the Tenderer continues to meet the criteria used
at the time of pre-qualification, the Tenderer shall provide updated
information on any assessed aspects including litigation history
in Tenderer Information (PW5-2), JV Partner Information (PW5-3),
as applicable, Subcontractor Information (PW5-4), as applicable,
Personnel Information (PW5-5) and the Schedule of Equipments
that changed from the time the Tenderer was pre-qualified for this
particular procurement proceeding.
13.Joint 13.1 Tenderers may participate in the procurement proceedings in a Joint
Venture, Venture, Consortium or Associations (JVCA) as formed, or
Consortium alternately with an agreement supported by a Letter of Intent as
or intended; whichever assessed earlier at the time of pre-qualification.
Association
(JVCA) 13.2 Tenderers shall submit along with the Tender the copies of the JV
agreement or the Letter of Intent and the proposed JV agreement,
assessed at the time of pre-qualification.
Document1 5
13.3 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.
13.4 The JV shall nominate a Representative (partner-in-charge) 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.
13.5 The composition or the constitution of a JV formed, assessed, and
pre-qualified, shall not be allowed to be altered prior to signing of the
Contract.
13.6 Alteration of partners to the composition or constitution at a date later
than the signing of the Contract during execution shall be allowed by
the Employer only when any of such partners is found to be
incompetent or has serious difficulties which may impact the overall
implementation of the proposed Works, where the incoming partner
shall require to have qualifications higher than that of the outgoing
partner.
13.7 Each partner of the JV shall complete the JV Partner Information
(Form PW5-3) for submission with the Tender.
14.Subcontract 14.1 Tenderers may intend to subcontract an activity or part of the Works
or(s) to a Specialist Subcontractor, in which case such elements and the
proposed Subcontractor shall be clearly identified and its
qualifications supported by documents.
14.2 A Specialist Subcontractor may participate in more than one Tender,
but only in that capacity.
14.3 The Employer may require Tenderers to provide more information

about their subcontracting arrangements. If any Specialist
Subcontractor is found ineligible or unsuitable to carry out the
subcontracted tasks, the Employer may request the Tenderer to
propose an acceptable substitute.
14.4 The Employer 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.
14.5 The successful Tenderer shall under no circumstances assign the

Works or any part of it to the Subcontractor(s).
14.6 Each Specialist Subcontractor shall complete the Specialist

Subcontractor Information (Form PW5-4) for submission with the
Tender.
15. Domestic 15.1 If so specified in the TDS, a national Tenderer including Joint
Preference Venture comprising only national partners shall qualify for a
percentage margin of ‘domestic preference’ provided the
conditions set out in ITT Sub Clause 15.2 are fully met.
15.2 The requirements of a national Tenderer to qualify for ‘domestic
preference’ shall be :
(a) for an individual firm

(i) it is registered within Bangladesh
(ii) it has more than fifty (50) percent ownership by the nationals of
Bangladesh
(iii) it does not subcontract more than twenty (20) percent of the
Tender price, excluding provisional sums, to foreign
contractors
(iv) it meets any other requirements specified in this document
(b) for a Joint Venture
(i) it is registered in Bangladesh
(ii) the individual partners are registered in Bangladesh and have
more than 50 percent ownership by the nationals of
Bangladesh
(iii) it does not sub-contract more than twenty (20) percent of the
Tender price, excluding the provisional sums, to foreign
contractors
(iv) it meets any other requirements specified in this document.
15.3 The national Tenderer qualifying for ‘domestic preference’, as

stated under ITT Sub Clause 15.2, shall receive a seven and half
(7.5) percent margin of preference only in the evaluation of its
Tender(s) while comparing the same with those of other
Tenderers.
D. Tender Preparation
16.Only One 16.1 Tenderers shall submit only one (1) Tender for each lot, either
Tender individually or as a JV. The Tenderer who submits or participates in
more than one (1) Tender in one (1) lot will cause all the Tenders of
that particular Tenderer to be considered non-responsive.
17.Cost of 17.1 Tenderers shall bear all costs associated with the preparation and
Tendering submission of its Tender, and the Employer shall not be responsible
or liable for those costs, regardless of the conduct or outcome of the
Tendering process.
18.Issuance and 18.1 The Employer shall make Tender Documents available immediately
Sale of to the pre-qualified Tenderers, requesting to obtain and willing to
Tender purchase at the corresponding price by the date the advertisement
Document has been published in the newspaper.
18.2 Full contact details, with mailing address, telephone and facsimile
numbers and electronic mail address, as applicable, of those to
whom the Tender Documents have been issued shall be
recorded with a reference number by the Employer or its agents.
18.3 There shall not be any pre-conditions whatsoever, for sale or
issuance of Tender Documents and, the sale or issuance of such
Document shall be permitted up to the day prior to the day of
deadline for the submission of Tender.
18.4 Tender Document posted in the designated website may also be
used by the Tenderer for submission of Tenders, if so permitted by
the Employer and specified in the TDS.
Document1 7
19.Language of 19.1 The Tender shall be written in the English language.
Tender Correspondences and documents relating to the Tender may be
written in English. Supporting documents and printed literature
furnished by the Tenderer that are part of the Tender may be in
another language, provided they are accompanied by an accurate
translation of the relevant passages in English, in which case, for
purposes of interpretation of the Tender, such translation shall
govern.
19.2 Tenderers shall bear all costs of translation to the governing
language and all risks of the accuracy of such translation.
20.Contents of 20.1 The Tender prepared by the Tenderers shall comprise the following:
Tender (a) the Tender Submission Letter (Form PW5-1) and Appendix
to Tender;
(b) Tenderer Information (Form PW5-2), as stated under ITT Sub
Clause 12.2;
(c) the priced Bill of Quantities and the completed Schedules for
each lot in accordance with ITT Clauses 21,23 and 24;
(d) Tender Security, as stated under ITT Clauses 31, 32 and 33.
(e) alternatives, if permissible, as stated under ITT Clause 22;
(f) written confirmation authorizing the signatory of the Tender to
commit the Tenderer, as stated under ITT Sub Clause 36.3;
(g) documentary evidence, establishing the origin of all Materials,
Equipment and services to be supplied under the Contract,
as stated under ITT Clause 26;
(h) documentary evidence, establishing that the Tenderer is
pre-qualified for this particular procurement proceeding, as
stated under ITT Sub Clause 5.1;
(i) documentary evidence, establishing the Tenderer’s
continued eligible and qualified status, as stated under ITT
Sub Clause 5 and 12;
(j) Technical Proposal describing work plan & method,
personnel, equipment and schedules, as stated under ITT
Clause 27; and
(k) any other document as specified in the TDS.
20.2 In addition to the requirements stated under ITT Sub Clause 20.1,
Tenders submitted by a JV or proposing a Specialised
Subcontractor shall include updates, if any, on :
(a) Joint Venture Agreement legally entered into in the Tenderer’s
Leading Partner’s country of origin, by all partners, as stated
under ITT Sub Clause 13.1;
or
(b) Letter of Intent along with the proposed agreement duly signed
by all partners of the intended JV and authenticated by an
authority of the Tenderer’s Leading Partner’s country of origin
with the declaration that it will execute the Joint Venture
Agreement in the event the Tenderer is successful, as stated
(c) the JV Partner Information (Form PW5-3), as stated under
ITT Sub Clause 12.2;
(d) the Specialist Subcontractor Information (Form PW5-4), as
stated under ITT Sub Clause 12.2.

21.Tender 21.1 Tenderers shall submit the Tender Submission Letter (Form PW5-
Submission 1), which shall be completed without any alterations to its format,
Letter and Bill filling in all blank spaces with the information requested, failing which
of Quantities the Tender may be considered non-responsive as being incomplete.
21.2 Tenderers shall submit the priced Bill of Quantities using the form(s)
furnished in Section 6: Bill of Quantities.
21.3 If in preparing its Tender, the Tenderer has made errors in the unit
rate or price 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 and
that a statement shall be made as to the total number of initialled
corrections made, at the end of the priced Bill of Quantities in
Section 6.
22. Alternatives 22.1 Unless otherwise stated in the TDS, alternatives shall not be
considered.
22.2 When alternative times for completion are explicitly invited, a
statement to that effect will be included in the TDS, as will the
method of evaluating different times for completion.
22.3 Except as provided under ITT Sub Clause 22.4, Tenderers wishing
to offer technical alternatives to the requirements of the Tender
Documents must first price the Employer’s design as described in
the Tender Documents and shall further provide all information
necessary for a complete evaluation of the alternative by the
Employer, including drawings, designs, design calculations,
technical specifications, breakdown of prices, and proposed
construction methodology and other relevant details.
22.4 When specified in the TDS, Tenderers are permitted to submit
alternative technical solutions for specified parts of the Works, and
such parts will be identified in the TDS.
22.5 Only the technical alternatives, if any, of the lowest evaluated
Tenderer conforming to the basic technical requirements will be
considered by the Employer.
23.Tender 23.1 The prices and discounts quoted by the Tenderer in the Tender
Prices, Submission Letter (Form PW5-1) and in the Bill of Quantities
Discounts (BOQ) shall conform to the requirements specified below.
and Price 23.2 Tenderers shall fill in unit rates or prices for all items of the Works
Adjustment both in figures and in words as described in the BOQ. The rates or
prices shall be inclusive of profit and overhead and, all kinds of
applicable taxes, customs duties, fees, levies, and other charges to
be paid.
23.3 The items quantified in the BOQ for which no unit rates or prices
have been quoted by the Tenderer will not be paid for, by the
Employer when executed and shall be deemed covered by the
amounts of other rates or prices in the BOQ and, it shall not be a
reason to change the Tender price.
23.4 The Employer may, if necessary, require the Tenderer to submit the
detail breakdown of the unit rates or prices quoted by the Tenderer
for the facilitation of the Tender proceedings.
Document1 9
23.5 The Tender price shall be calculated on the basis defined in the ITT
which is the unit rates or prices applied to Works proposed in the
priced BOQ of this Tender Document.
23.6 The price to be quoted in the Tender Submission Letter, as stated
under ITT Sub Clause 21.1, shall be the total price of the Tender,
excluding any discounts offered, only in case of being awarded
more than one lot, by the Tenderer.
23.7 Tenderers shall quote any unconditional discounts for being
awarded more than one lot if so specified in the TDS and the
methodology for application of discount in the Tender Submission
Letter as stated under ITT Sub Clause 21.1.
23.8 If so indicated under ITT Sub Clause 23.7, Tenders are being invited
for individual lots or for any combination of lots. Tenderers wishing
to offer any price reduction for the award of more than one lot shall
specify in their Tender the price reductions applicable to each lot, or
alternatively, to any combination of lots within the package. Price
reductions or discounts will be submitted as stated under ITT Sub
Clause 23.1, provided the Tenders for all lots are submitted and
opened together.
23.9 All kinds of applicable taxes ,customs duties, fees, levies, VAT and
other charges 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 prices and the total Tender price submitted by the
Tenderer.
23.10 Unless otherwise provided in the TDS and the PCC, the price of a
Contract shall be fixed in which case the unit rates or prices may not
be modified in response to changes in economic or commercial
conditions.
23.11 If so indicated under ITT Sub Clause 23.10, Tenders are being
invited with a provision for price adjustments. The unit rates or prices
quoted by the Tenderer are subject to adjustment during the
performance of the Contract in accordance with the provisions of
GCC Clause 74 and, in such case the Employer shall provide the
indexes and weightings or coefficients in Appendix to the Tender
for the price adjustment formulae specified in the PCC.
23.12 The Employer may require the Tenderer to justify its proposed
indexes, if any of those as stated under ITT Sub Clause 23.11 are
instructed to be quoted by the Tenderer in Appendix to the Tender.
23.13 The formulas, indexes, coefficients and procedures to be followed
as referred to in the PCC shall be used to determine whether
economic or commercial conditions have changed during
performance of the Contract to significant degree to justify a price
adjustment and to identify the amount of increase and the frequency
with which price adjustments shall be implemented.
23.14 The price adjustment stated under ITT Sub Clause 23.11 shall be
dealt with in accordance with the provisions set out in this Tender
Document.
24.1 The currency of the Tender shall be either in USD or GBP or EUR
or JPY and/or Bangladesh Taka as specified in the TDS.

24.Tender 24.2 The currency of Tender for the portion of local inputs shall be
Currency and expressed in Bangladesh Taka.
Payments
24.3 The national Tenderers including Joint Venture of national partners
shall be able to express their Tenders in combination of local and
foreign currency (ies) similar to foreign Tenderer; whereby a price
breakdown be provided in support of demand for foreign currency.
24.4 The currency of payments, as stated under ITT Sub Clauses 24.1
and 24.2 shall be as specified in the TDS.
25.Documents 25.1 To establish that the Tenderer continues to meet the criteria used at
Establishing the time of pre-qualification, the Tenderer shall provide updated
Eligibility of information on any assessed aspects including litigation history in
the Tenderer Tender Submission Letter (PW5-1) that changed from the time the
Tenderer was pre-qualified for this particular procurement
proceeding.
26.Documents 26.1 Tenderers shall submit documentary evidence to establish the origin
Establishing of all Materials, Equipment and services to be supplied under the
the Eligibility Contract as stated under ITT Clause 6.
and 26.2 To establish the conformity of the Materials, Equipment and services
Conformity of to be supplied under the Contract, the Tenderer shall furnish, as part
Materials, of its Tender, the documentary evidence (which may be in the form
Equipment of literature, specifications and brochures, drawings or data) that
and Services these conform to the technical specifications and standards
specified in Section 7, General Specifications and Section 8,
Particular Specifications.
27.Documents 27.1 Tenderers shall furnish a Technical Proposal including a statement
Establishing of work methods, equipment, personnel, schedule and any other
Technical information as stipulated in TDS, in sufficient detail to demonstrate
Proposal the adequacy of the Tenderer’s proposal to meet the work
requirements and the completion time.
28.Documents 28.1 To establish that the Tenderer continues to meet the criteria used
Establishing at the time of pre-qualification, the Tenderer shall provide
the updated information on any assessed aspects in Tenderer
Tenderer’s Information (PW5-2), JV Partner Information (PW5-3), as
Qualification applicable, Subcontractor Information (PW5-4), as applicable,
Personnel Information (PW5-5) and the Schedule of Equipments
that changed from the time the Tenderer was pre-qualified for this
particular procurement proceeding.
28.2 If ‘domestic preference’ applies as stated under ITT Sub Clause
15.1, the national Tenderers, individually or in Joint Ventures,
applying for eligibility for ‘domestic preference’ shall provide all
information required to satisfy the criteria for eligibility as stated
under ITT Sub Clause 15.2.
29.Validity 29.1 Tender Validities shall be determined on the basis of the complexity
Period of of the Tender and the time needed for its examination, evaluation,
Tender approval of the Tender and issuance of the Notification of Award.
Document1 11
29.2 Tenders shall remain valid for the period specified in the TDS after
the date of Tender submission deadline prescribed by the Employer,
as stated under ITT Sub Clause 29.1. A Tender valid for a period
shorter than that specified will be considered non-responsive by the
Employer.
30.Extension of 30.1 In justified exceptional circumstances, prior to the expiration of the

Tender Tender validity period, the Employer may solicit not later than ten
Validity and (10) days before the expiry date of the Tender Validity, compulsorily
Tender all the Tenderers’ consent to an extension of the period of validity of
Security their Tenders.
30.2 The request for extension of Tender Validity period shall state the
new date of the validity of the Tender.
30.3 The request from the Employer and the responses from the
Tenderers will be made in writing.
30.4 Tenderers consenting in writing to the request made by the

Employer under ITT Sub Clause 30.3 shall also correspondingly
extend the validity of its Tender Security for twenty eight (28) days
beyond the new date for the expiry of the Tender Validity.
30.5 Tenderers consenting in writing to the request as stated under ITT

Sub Clause 30.3 shall not be required or permitted to modify its
Tender in any circumstances.
30.6 If the Tenderers are not consenting in writing to the request made
by the Employer as stated under ITT Sub Clause 30.2, its Tender
shall not be considered in the subsequent evaluation.
31.Tender 31.1 Tender Securities and its amounts shall be determined sufficient to
Security discourage the submission of frivolous and irresponsible Tenders
shall be rounded fixed amount and, shall not be stated as a precise
percentage of the estimated total Contract price.
31.2 Tenderers shall furnish as part of its Tender, in favour of the

Employer or as otherwise directed on account of the Tenderer, a
Tender Security in original form and, in currency of the Tender, as
stated under ITT Sub Clause 31.1, of the amount as specified in the
TDS.
31.3 If the Tender is a Joint Venture, the Tenderer shall furnish as part of
its Tender, in favour of the Employer or as otherwise directed on
account of the title of the existing or intended JV or any of the
partners of that JV, a Tender Security in original form and in
currency of the amount as stated under ITT Sub Clause 31.2.

32.Form of 32.1 The Tender Security shall:
Tender (a) be in the form of an irrevocable Bank Guarantee issued by an
Security internationally reputable Bank which has a correspondent
Bank located in Bangladesh, in the format (Form PW5-6)
furnished in Section 5: Tender and Contract Forms;
(b) be payable promptly upon written demand by the Employer in
the case of the conditions listed in ITT Sub Clause 35 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 35 and pursuant to Rule 25 of the
Public Procurement Rules, 2008.
33.Authenticity 33.1 The authenticity of the Tender Security submitted by a Tenderer

of Tender shall be examined and verified by the Employer in writing from the
Security Bank issuing the security, prior to finalization of the Evaluation
Report.
33.2 If a Tender Security is found to be not authentic, the Tender which it

covers shall not be considered for subsequent evaluation and in
such case the Employer shall proceed to take punitive measures
against that Tenderer as stated under ITT Sub Clause 4.4.
33.3 A Tender not accompanied by a valid Tender Security as stated

under ITT Clause 31, 32 and 33 will be considered non-responsive
by the Employer.
34.Return of 34.1 No Tender Securities shall be returned by the Tender Opening

Tender Committee (TOC) during and after the opening of the Tenders.
Security
34.2 No Tender Security shall be returned to the Tenderers before
contract signing, except to those who are considered non-
responsive.
34.3 Tender Securities of the non-responsive Tenders shall be returned

immediately after the Evaluation Report has been approved by the
Employer.
34.4 Tender Securities of the responsive Tenders shall be returned only

after the lowest evaluated Tenderer has submitted the
Performance Security and signed the Contract; that being even
before the expiration of the Tender Validity period as stated under ITT
Clause 29.
34.5 Tender Securities of the Tenderers not consenting within the

specified date in writing to the request made by the Employer
under ITT Sub Clause 30.2 in regard to extension of its Tender
Validity shall be discharged or returned forthwith.
35.Forfeiture of 35.1 Tender Security may be forfeited, if a Tenderer:

Tender
Security
Document1 13
(a) withdraws its Tender after opening of Tenders but within the
validity of the Tender as stated under ITT Clause 29 and 30;
or
(b) refuses to accept a Notification of Award as stated under ITT
Sub Clause 60.3 ;
or
(c) fails to furnish Performance Security as stated under ITT Sub
Clause 61.2 and 61.3 ;
or
(d) refuses to sign the Contract as stated under ITT Sub Clause
65.2;
or
(e) does not accept the correction of the Tender price following
the correction of the arithmetic errors as stated under ITT
Clause 51.
36.Format and 36.1 The Tenderer shall prepare one (1) original of the documents
Signing of comprising the Tender as described in ITT Clause 20 and clearly
Tender mark it “ORIGINAL.” In addition, the Tenderer 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.
36.2 Alternatives, if permitted in accordance with ITT Clause 22, shall be
clearly marked “Alternative”.
36.3 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 authorization shall consist of a
written authorization and shall be attached to the Tender
Submission Letter (Form PW5-1). 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 or initialled by the person signing
the Tender.
36.4 In case of JV, the application of the provisions as stated under ITT
Sub Clause 36.3 shall extend up to each partner of that existing or
intended JV.
36.5 Any interlineations, erasures, or overwriting will be valid only if they
are signed or initialled by the Person(s) signing the Tender.
36.6 Person(s) signing the Tender shall describe his or her name,
address, position along with his or her national Identification
Number, if any.
E. Tender Submission

37.Sealing, 37.1 The Tenderer shall enclose the original in one (1) envelope and
Marking and all the copies of the Tender, including the alternatives, if permitted
Submission of under ITT Clause 22, in another envelope, duly marking the
Tender envelopes as “ORIGINAL” “ALTERNATIVE” (if permitted) and
“COPY.” These sealed envelopes will then be enclosed and
sealed in one (1) single outer envelope.
37.2 The inner and outer envelopes shall:

(a) be addressed to the Employer at the address as stated
(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 44.2;
(e) bear any additional identification marks as specified in the
TDS.
37.3 The Tenderer is solely and entirely responsible for pre-disclosure

of Tender information if the envelope(s) are not properly sealed
and marked.
37.4 Tenders shall be delivered by hand or by mail, including courier

services at the address(s), as stated under ITT Sub Clause 38.1.
37.5 Tenders shall be submitted on the basis of this Tender Document

issued by the Employer.
37.6 The Employer will, on request, provide the Tenderer with

acknowledgement of receipt showing the date and time when it’s
Tender was received.
38.Deadline for 38.1 Tenders shall be delivered to the Employer at the address
Submission of specified in the TDS and no later than the date and time specified
Tender in the TDS.
38.2 The Employer may, at its discretion on justifiably acceptable

grounds duly recorded, extend the deadline for submission of
Tender as stated under ITT Sub Clause 38.1, in which case all
rights and obligations of the Employer and Tenderers previously
subject to the deadline will thereafter be subject to the new
deadline as extended.
38.3 If submission of Tenders for this procurement is allowed in more

than one location, the date and time for submission of Tender at
the primary and secondary place(s) shall be as specified in the
TDS.
Document1 15
38.4 The Employer shall ensure that the Tenders received at the
secondary place(s) are hand-delivered at the primary place as
stated under ITT Sub Clause 38.1 before the time specified in the
TDS; but in no case later than THREE (3) HOURS after the
deadline for submission of Tenders at the secondary place(s) in
case of MULTIPLE DROPPING.
39. Late Tender 39.1 Any Tender received by the Employer after the deadline for
submission of Tenders as stated under ITT Sub Clause 38.1 shall
be declared LATE, excluded, and returned unopened to the
Tenderer.
40.Modification, 40.1 Tenderers may modify, substitute or withdraw its Tender after it
Substitution or has been submitted by sending a written notice duly signed by the
Withdrawal of authorized signatory and properly sealed, and shall include a copy
Tender of the authorization confirmed by an affidavit authenticated by an
authority of the Tenderer’s Leading Partner’s country of origin;
provided that such written notice including the affidavit is received
by the Employer prior to the deadline for submission of Tenders
as stated under ITT Clause 38.
40.2 If submission of Tenders for this procurement is allowed in more

than one location, the Tenderer may modify, substitute or
withdraw its Tender as stated under ITT Sub Clause 40.1 after it
has been submitted, prior to the deadline prescribed for
submission of Tenders at the primary place.
41.Tender 41.1 Tenderers shall not be allowed to retrieve its original Tender, but
Modification shall be allowed to submit corresponding modification to its
original Tender marked as “MODIFIFICATION”.
42.Tender 42.1 Tenderers shall not be allowed to retrieve its original Tender, but
Substitution shall be allowed to submit another Tender marked as
“SUBSTITUTION”.
43.Withdrawal of 43.1 Tenderers shall be allowed to withdraw its Tender by a Letter of
Tender Withdrawal marked as “WITHDRAWAL”.
F. Tender Opening and Evaluation

44.Tender 44.1 Tenders shall be opened pursuant to Rule 97 following steps in
Opening Part D of Schedule IV of the Public Procurement Rules, 2008.
44.2 Tenders shall be opened immediately after the deadline for

submission of Tenders at the primary place irrespective of
SINGLE DROPPING and MULTIPLE DROPPING as specified in
the TDS but no later than ONE HOUR after expiry of the
submission deadline at the same primary place. Tender opening
shall not be delayed on the plea of absence of Tenderers or his
or her representatives.
44.3 Persons not associated with the Tender may not be allowed to
attend the public opening of Tenders.

44.4 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.
44.5 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 40.1.
44.6 Tenders will be opened in the following manner:

(a) firstly, envelopes marked “Withdrawal” shall be opened and
“Withdrawal” notices read aloud and recorded and the
envelope with the corresponding Tender shall not be
opened, but returned unopened to the Tenderer by the
Employer at a later time immediately after preliminary
examination by the Tender Evaluation Committee as stated
under ITT Sub Clause 47. No Tender withdrawal shall be
permitted unless the corresponding withdrawal notice
contains a valid authorization to request the withdrawal and
in such case the Tender shall be read aloud at the Tender
opening ;
(b) secondly, the remaining Tenders will be sorted out and
those marked “Substitution” or “Modification” will be linked
with their corresponding “Original”(O) Tender;
(c) Next, envelopes marked “Substitution”(S) shall be opened
and read aloud and recorded, and exchanged with the
corresponding Tender being substituted, and the
substituted Tender shall not be opened, but returned
unopened to the Tenderer by the Employer at a later time
immediately after preliminary examination by the Tender
Evaluation Committee as stated under ITT Sub Clause 47.
No Tender substitution shall be permitted unless the
corresponding substitution notice contains a valid
authorization to request the substitution and in such case
the Tender shall be read aloud at the Tender opening;
(d) Next envelopes marked “Modification” (M) shall be opened
and read aloud with the corresponding Tender and
recorded. No Tender modification shall be permitted unless
the corresponding modification notice contains a valid
authorization to request the modification and in such case
the Tender shall be read aloud at the Tender opening;
(e) thirdly, if so specified in this Tender Document, the
envelopes marked “Alternative” (A) shall be opened and
read aloud with the corresponding Tender and recorded.
44.7 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 Tender Opening Committee will
read aloud each Tender and record in the Tender Opening
Sheet (TOS) :
Document1 17
(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 number of initialled corrections;
(v) any discounts;
(vi) any alternatives;
(vii) the presence or absence of any requisite Tender
Security; and
(viii) such other details as the Employer, 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 Tender Opening Committee.
44.8 Upon completion of Tender opening, all members of the Tender

Opening Committee and the Tenderers or Tenderer’s duly
authorised representatives attending the Tender opening shall
sign by name, address, designation and their national
Identification Numbers the Tender Opening Sheet, 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
Tender Opening Committee and any authorised Consultants and,
to the Tenderers immediately.
44.9 The omission of a Tenderer’s signature on the record shall not

invalidate the contents and effect of the record under ITT Sub
Clause 44.7.
44.10 No Tender will be considered non-responsive at the Tender

opening stage except the LATE Tenders.
45.Evaluation of 45.1 Tenders shall be examined and evaluated only on the basis of the
Tenders criteria specified in the Tender Document.
45.2 The Employer’s Tender Evaluation Committee (TEC) shall

examine, evaluate and compare Tenders that are responsive to
the mandatory requirements of Tender Documents in order to
identify the successful Tenderer.
46.Evaluation 46.1 The TEC may consider a Tender as responsive in the Evaluation,
Process 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 broad steps:

(a) Preliminary examination
(b) Technical examination and responsiveness
(c) Financial evaluation and price comparison
(d) Post-qualification of the lowest evaluated responsive
Tender.
47.Preliminary 47.1 Firstly, compliance, adequacy and authenticity of the

Examination documentary evidences for meeting the eligibility and qualification
criterion specified in the corresponding Sections of the Tender
Document shall be preliminarily examined.
47.2 Examination of the compliance, adequacy and authenticity of the

documentary evidence may follow the order below:
(a) verification of the completeness of the eligibility declarations
in the Tender Submission Sheet (Form PW5-1) as
furnished in Section 5: Tender and Contract Forms;
(b) verification of the completeness of the Tenderer Information
(Form PW5-2) as furnished in Section 5: Tender and
Contract Forms;
(c) verification of the completeness of the JV Partner
Information (Form PW5-3) as furnished in Section 5:
Tender and Contract Forms;
(d) verification of the completeness of the Specialist
Subcontractor Information (Form PW5-4) as furnished in
Section 5: Tender and Contract Forms;
(e) verification of that the Tenderer’s country of origin is not
ineligible;
(f) verification of that the Tenderer is enrolled in the relevant
professional or trade organisations registered in in the
country of its origin;
(g) verification of that the written authorisation confirming the
signatory of the Tenderer to commit the Tender has been
attached with the Tender Submission Letter (Form PW5-1)
as stated under ITT Sub Clause 36.3; in order to check the
authenticity of Tender and Tenderer itself;
(h) verification of the eligibility in terms of legal capacity and
fulfilment of taxation obligations by the Tenderer;
(i) verification of that all the documents required, as stated
under ITT Clause 28 for a Tender, has been provided and
requirements met by a Tender;
(j) verification of that all the documents required, as stated
under ITT Clause 13 and ITT Clause 25 for a Joint Venture
Tender, has been provided and requirements met, if it is a
joint venture Tender;
(k) verification of that the Tenderer is not insolvent, in
receivership, bankrupt, in the process of bankruptcy or
temporarily barred;
(l) verification of that the written notice for substitution of or
modification to, the corresponding Tender is proper and
Document1 19
authentic, if the Tender is “WITHDRAWN”
“SUBSTITUTION” or “MODIFICATION’, in accordance with
ITT Clause 40;
(m) verification of the status of claims, arbitration and other
litigation cases of the Tenderer as stated under ITT Clause
5 and ITT Clause 25;
(n) verification of the validity and authenticity of the Tender
Security in the form of Bank Guarantee using the standard
format (Form PW5-6) furnished in Section 5: Tender and
Contract Forms, issued by an internationally reputable
Bank which has a correspondent Bank located in
Bangladesh as attached with the Tender Submission Letter
(Form PW5-1), in order to check the compliance of the
instructions as stated under ITT Clauses 30,31,32 and 33;
48.Technical 48.1 Secondly, the TEC will examine the adequacy and authenticity of
Examination the documentary evidence which may follow the order below.
and 48.2 The TEC will evaluate the technical aspects of the Tender
Responsivenes submitted as stated under ITT Clauses 25, 26 and 27, to confirm
s that all mandatory requirements have been met.
48.3 The TEC will further examine the terms and conditions specified
in Section 7: General Specifications and Section 8: Particular
Specifications of the Tender Document have been met without
any material deviation or reservation.
48.4 The TEC’s determination of a Tender’s responsiveness is to be
based on the documentary evidence as stated under ITT Clause
20 without recourse to extrinsic evidence.
48.5 Information contained in a Tender submission that was not
requested in the Tender Document shall not be considered in
evaluation of the Tender.
48.6 A Tender shall be considered responsive in the evaluation, only
when it is submitted in compliance with the mandatory
requirements set out in the Tender Document without material
deviation or reservation.
48.7 If, after the examination of the terms and conditions and the
technical aspects of the Tender, the TEC determines that the
Tender is not responsive in accordance with ITT Clause 20, it
shall consider the Tender non-responsive.
48.8 If a Tender is not responsive to the mandatory requirements set
out in the Tender Document, it shall be considered non-
responsive by the TEC and will not subsequently be made
responsive by correction of the material deviation or reservation.
48.9 A material deviation or reservation is one that:
(a) affects in any substantial way the scope, quality, or
performance of the Works; or
(b) limits in any substantial way, or is inconsistent with the
Tender Document, the Employer’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 apply:
“Deviation” is a departure from the requirements set out in the
Tender Document;
“Reservation” is the setting of limiting conditions or withholding
from complete acceptance of the mandatory requirements set
out in the Tender Document]
48.10 The 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.
49.Clarification on 49.1 The TEC may ask Tenderers for clarification of their Tenders,
Tender including breakdowns of unit rates or prices, 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 pursuant to ITT Sub Clause 48.9, will neither be sought nor
be permitted.
49.2 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 51.1.
49.3 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.
49.4 If a Tenderer does not provide clarifications of its Tender by the

date and time set in the TEC’s written request for clarification,
its Tender shall not be considered in the evaluation.
49.5 Requests for clarifications on Tenders shall be duly signed only

by the TEC Chairperson.
50.1 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 Employer
pursuant to Rule 31 of the Public Procurement Rules, 2008.
Document1 21
50.Restrictions on 50.2 Tenderers shall not seek to influence in anyway, the
Disclosure of examination and evaluation of the Tenders.
Information
Relating to 50.3 Any effort by a Tenderer to influence a Employer in its decision
Procurement concerning the evaluation of Tenders, Contract awards may
Process result in the consideration its Tender non-responsive as well as
further action in accordance with Section 64 (5) of the Public
Procurement Act, 2006.
50.4 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 disqualified.
51.Correction of 51.1 Provided that the Tender is responsive, the TEC shall correct
Arithmetical arithmetical errors on the following basis:
Errors
(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.
51.2 Any arithmetical error or other discrepancies as stated in ITT

Sub Clause 51.1 will be immediately notified by the TEC
pursuant to Rule 98 (11) of the Public Procurement Rules, 2008
to the concerned Tenderer for acceptance.
52. Conversion to 52.1 For evaluation and comparison purposes, the currency of the
Single Currency Tender shall be converted into Bangladesh Taka currency.
52.2 The exchange rate for conversion, as stated under ITT Sub
Clause 52.1, to be used in arriving at the Bangladesh Taka
currency equivalent shall be the selling rate quoted by the
source being Bangladesh Bank on the date of opening of the
Tenders.
53.Financial 53.1 Thirdly the TEC will evaluate each Tender that has been
Evaluation determined, up to this stage of the evaluation, to be responsive to
the mandatory requirements set out in the Tender Document.
53.2 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 Bill of
Quantities, but including Daywork items, where priced
competitively;
(b) adjustments for correction of arithmetical errors pursuant
to ITT Sub Clause 51.1;
(c) adjustments in order to take into consideration the
unconditional discounts or methodology for application of
the discount offered pursuant to ITT Sub Clause 23.7;
(d) adjustments by converting the amount resulting from (a), (b),
and (c) above , if relevant, to Bangladesh Taka currency, as
stated under ITT Sub Clause 52;
(e) adjustments for any other acceptable variations or
deviations pursuant to ITT Sub Clause 48.10.
53.3 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 Employer will not be taken into
account in Tender evaluation.
53.4 The estimated effect of any price adjustment provisions under

GCC Clause 74, applied over the period of execution of the
Contract, will not be taken into account in Tender evaluation.
53.5 If so indicated in the ITT Sub Clause 23.7 the Employer may
award one or multiple lots to one Tenderer following the
methodology specified in ITT Sub Clause 53.6.
53.6 To determine the lowest-evaluated lot or combination of lots, the

TEC will take into account:
(a) the experience and resources sufficient to meet the
aggregate of the qualifying criteria for the individual lot;
(b) the lowest-evaluated Tender for each lot calculated in
accordance with all the requirements of Evaluation
Criteria;
(c) the price reduction on account of discount per lot or
combination of lots and the methodology for application
of the discount 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 post-
qualification criteria stated under ITT Clause 56.
Document1 23
53.7 If the lowest Evaluated Tender is significantly below the official
estimated cost or unbalanced as a result of front loading in the
opinion of the TEC, the TEC may require the Tenderer to produce
detailed breakdown of unit price or rates for any or all items of the
BOQ, to demonstrate the internal consistency of those prices with
the construction methods and schedule proposed. After
evaluation of the breakdown of the unit price or rates, taking into
consideration the schedule of estimated Contract payments, the
Employer may require that the amount of the Performance
Security set forth in ITT Sub Clause 61.2 be increased at the
expenses of the Tenderer to a level as stated under ITT Sub
Clause 61.3 sufficient to protect the Employer against financial
loss in the event of default by such Tenderer during Contract
implementation, if awarded the Contract.
54.Price 54.1 The TEC will compare all responsive Tenders to determine the
Comparison lowest-evaluated Tender, in accordance with ITT Clause 53.
54.2 The TEC shall apply percent margin of preference for national
Tenderer, if applicable, as stated under ITT Sub Clause 15.3; only
for ranking.
54.3 For the purpose of comparison of the Tenders only, the margin
of ‘domestic preference’ shall be applied following the
procedures as stated under ITT Sub Clause 54.4, 54.5 and 54.6.
54.4 The responsive Tenders shall be classified into following

groups:
(i) Group A shall include all Tenders offered by national
Tenderers and JV, which meet the requirements stated
under ITT Sub Clause 15.2; and
(ii) Group B shall include all other Tenders.
54.5 For the purpose of ranking the Tenders only, the respective
evaluated Tender prices of all Tenders placed in Group B shall be
increased by the percentage for ‘domestic preference’, as
stated under ITT Sub Clause 15.3, after having adjusted
arithmetical errors or other discrepancies and having excluded
‘provisional sums’ and provision, if any, for contingencies within
the Tender price, but including Day Work.
54.6 The lowest evaluated priced Tenders in Groups A and B shall

then be compared, and that lowest evaluated Tender shall be
recommended for award.
54.7 In the extremely unlikely event that there is a tie for the lowest
evaluated price, the Tenderer with the superior past performance
with the Employer shall be selected, whereby factors such as
delivery period, quality of Works delivered, complaints history
and performance indicators could be taken into consideration.
54.8 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 Employer
as stated under ITT Sub Clause 54.7, 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.
54.9 The successful Tenderer as stated under ITT Sub Clauses 54.1,
54.7 and 54.8 shall not be selected through lottery under any
circumstances.
55. Negotiations 55.1 No negotiations shall be held during the Tender evaluation or
award with the lowest or any other Tenderer.
55.2 The Employer 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.
55.3 If the Employer decides to negotiate for reducing the scope of

the requirements under ITT Sub Clause 55.2, 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.
55.4 In the event that the Employer 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.
56.Post- 56.1 After determining the lowest evaluated responsive Tender in

qualification accordance with ITT Clause 55, the Employer’s TEC shall carry
out the Post-qualification of the Tenderer, using only the
requirements specified in Sub-section C: Qualification Criteria.
56.2 The TEC shall contact the references given by Tenderers about
their previous working experience to verify, if necessary,
statements made by them in their Tender and to obtain the most
up-to-date information available concerning the Tenderers.
56.3 The TEC may visit the premises of the Tenderer as a part of the
qualification process, if practical and appropriate, to verify
information contained in its Tender particularly when evaluating
Tenders in respect of high value or complex Works projects.
56.4 The objective of any visit under IITT Sub Clause 56.3 shall be
limited to a general and visual inspection of the Tenderer’s
facilities and its plant and equipment, and there shall be no
discussion concerning the Tender or its evaluation with the
Tenderer during such visit(s).
Document1 25
56.5 In the event that the Tenderer with lowest evaluated Tender price
fails the post-qualification, the TEC shall make a similar
determination for the Tenderer offering the next lowest evaluated
Tender price and so on from the remaining responsive Tenders,
provided that,
(a) such action shall only be taken if the evaluated costs of the
Tenders under consideration are acceptable to the
Employer;
(b) when the point is reached whereby the evaluated costs of
the remaining responsive Tenders are significantly higher
than that of the official estimate, or the market price, the
Employer proceed for re-Tendering, using a revised Tender
Document, where necessary, designed to achieve a more
successful result.
57. Rejection of 57.1 The Employer may, in the circumstances as stated under ITT Sub
All Tenders Clause 57.2 , reject all Tenders following recommendations from
the Tender Evaluation Committee (TEC) only after the approval
of such recommendations by the Head of the Procuring Entity.
57.2 All Tenders can be rejected, if -

(a) the price of the lowest evaluated Tender substantially
exceeds the official estimate, provided the estimate is
realistic;
or
(b) there is evidence of lack of effective competition; such as
non-participation by a number of pre-qualified Tenderers;
or
(c) the Tenderers are unable to offer the required completion
time, provided the stipulated completion time is
reasonable and realistic;
or
(d) Tenders are not responsive;
or
(e) evidence of professional misconduct, affecting
seriously the Procurement process, is established as
per Chapter Seven of the Public Procurement Rules,
2008.
57.3 Notwithstanding anything contained in ITT Sub Clause 57.2(a),

Tenders may not be rejected if the lowest evaluated price is in
conformity with the market price.
57.4 The Employer, on justifiable grounds, may 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.

57.5 All Tenders received by the Employer shall be returned unopened
to the Tenderers in the event Procurement proceedings are
annulled under ITT Sub Clause 57.4.
57.6 The Employer, on justifiable grounds, may further annul the

Procurement proceedings, any time prior to the issuance of NOA
following specified procedures.
58.Informing 58.1 Notice of the rejection will be given promptly within seven (7) days
Reasons for of decision taken by the Employer to all Tenderers and, the
Rejection Employer 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
59. Award Criteria 59.1 The Employer shall award the Contract to the Tenderer whose
offer 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
56.
59.2 The 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.
60.Notification of 60.1 Prior to the expiry of the Tender Validity period and within
Award seven (7) working days of receipt of the approval of the award
by the Approving Authority, the Employer shall issue the
Notification of Award (NOA) to the successful Tenderer.
60.2 The Notification of Award, attaching the contract as per the

sample (Form PW5-7) to be signed, shall state :
(a) the acceptance of the Tender by the Employer;
(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 submitted; and
(e) the date and time within which the Contract shall be
signed.
60.3 The Notification of Award shall be accepted in writing by the
successful Tenderer within seven (7) working days from date
of issuance of the Notification of Award.
60.4 Until a formal contract is signed, the Notification of Award will

constitute a Contract, which shall become binding upon the
furnishing of a Performance Security and the signing of the
Contract by both parties.
Document1 27
60.5 The Notification of Award establishes a Contract between the
Employer and the successful Tenderer and the existence of a
Contract is confirmed through the signature of the Contract
Document that includes all agreements between the Employer
and the successful Tenderer.
61.Performance 61.1 The Performance Security shall be determined sufficient to

Security protect the performance of the Contract.
61.2 The Performance Security shall be provided by the successful

Tenderer in the currency of USD or GBP or EUR or JPY and/or
Bangladesh Taka, as stated under ITT Sub Clauses 24.1 and
24.2, at the percentage as specified in the TDS.
61.3 The Employer may increase the amount of the Performance

Security above the amounts as stated under ITT Sub Clause
61.2 but not exceeding twenty five (25) percent of the Contract
price, if it is found that the Tender is significantly below the
official estimated cost or unbalanced as a result of front loading
as stated under ITT Sub Clause 53.7.
61.4 The proceeds of the Performance Security shall be payable to

the Employer unconditionally upon first written demand as
compensation for any loss resulting from the Contractor’s
failure to complete its obligations under the Contract.
62.Form and 62.1 The Performance Security, as stated under ITT Clause 61,
Time Limit for shall be in the form of an irrevocable Bank Guarantee issued
Furnishing of by an internationally reputable Bank which has a correspondent
Performance Bank located in Bangladesh, in the format (Form PW5-9),
Security acceptable to the Employer.
62.2 Within twenty eight (28) days of issuance of the Notification of

Award (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 61.2 or 61.3.
63.Validity of 63.1 The Performance Security shall be required to be valid until a

Performance date twenty eight (28) days beyond the Intended Completion
Security Date as specified in Tender Document.
63.2 If under any circumstances the Intended Completion Date is to

be extended, the Performance Security shall correspondingly
be extended for the same period until twenty eight (28) days
from the new Intended Completion Date.
63.3 The amount of the Performance Security as stated under ITT

Sub Clauses 61.2 and 61.3 and further its validity as stated
under ITT Sub Clauses 63.1 and 63.2 shall be reset to cover
the Defects Liability Period in accordance with the provisions
laid down in GCC Clause 79.

64.Authenticity of 64.1 The Employer shall verify the authenticity of the Performance
Performance Security submitted by the successful Tenderer by sending a
Security written request to the branch of the Bank issuing the
irrevocable Bank Guarantee in specified format and, to its
correspondent Bank located in Bangladesh, as and where
applicable.
64.2 If the Performance Security submitted under ITT Sub Clause

64.1 is not found to be authentic, the Employer shall proceed
to take measures against the Tenderer in accordance with
Section 64 of the Act and pursuant to Rule 127 of the Public
Procurement Rules, 2008.
65.Contract 65.1 At the same time as the Employer issues the Notification of
Signing Award (NOA), the Employer will send the draft Contract
Agreement and all documents forming the Contract to the
successful Tenderer.
65.2 Within twenty-eight (28) days of issuance of the NOA, the

successful Tenderer and the Employer shall sign the contract
provided that the Performance Security submitted by the
Tenderer is found to be genuine.
65.3 If the successful Tenderer fails to provide the required

Performance Security, pursuant to ITT Clause 61 or to sign the
Contract, pursuant to ITT Sub Clause 65.2, Employer shall
proceed to award the Contract to the next lowest evaluated
Tenderer, and so on, by order of ranking.
66.Publication of 66.1 Notification of Award for Contract shall be notified by the

Notification of Employer to the Central Procurement Technical Unit within
Award of seven (7) days of issuance of the NOA for publication in their
Contract website, and that notice shall be kept posted for not less than
a month.
67.Debriefing of 67.1 Debriefing of Tenderers by Employer shall outline the relative

Tenderers 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.
67.2 In the case of debriefing, confidentiality of the evaluation

process shall be maintained.
68.Right to 68.1 Any Tenderer has the right to complain if it has suffered or likely
Complain to suffer loss or damage due to a failure of a duty imposed on
the Employer to fulfil its obligations in accordance with Section
29 of the Public Procurement Act 2006 and Part 12 of Chapter
Three of the Public Procurement Rules, 2008.
68.2 Circumstances in which a formal complaint may be lodged in

sequence by a pre-qualified Tenderer against a Employer
pursuant to Rule 56 of the Public Procurement Rules, 2008,
and the complaints, if any, be also processed pursuant to Rule
57 of the Public Procurement Rules 2008.
Document1 29
68.3 The pre-qualified Tenderer shall submit his or her complaint in
writing within seven (7) calendar days of becoming aware of the
circumstances giving rise to the complaint.
68.4 In the first instance, the pre-qualified Tenderer shall submit his
or her complaint to the Employer who issued the Tender
Document.
68.5 The place and address for the first stage in the submission of
complaints to the administrative authority is provided in the TDS.
68.6 A Tenderer may appeal to a Review Panel only when that

Tenderer has exhausted all his or her options of complaints to
the administrative authority as stated under ITT Sub Clause
68.2

Section 2. Tender Data Sheet
Instructions for completing Tender Data Sheet are provided in italics in parenthesis for the relevant ITT clauses
ITT Amendments of, and Supplements to, Clauses in the Instructions to Tenderers
Clause
A. General
ITT 1.1 The Employer is [state name of Employer] represented by [state name of representative]
The Name of the Tender is:

Brief Description of the Works:
Tender Ref:
Lot No(s):
[if there is more than one(1) lot, individual lots are to be identified in conformity with Section 6: Bill of Quantities]
ITT 3.1 The source of public funds is
[state source, GoB or other source of funds].
ITT 3.3 The name of the Development Partner is
[state name of Development Partner]
ITT 6.1 Materials, Equipments and associated services from the following countries are not
eligible:
[state countries, if any]
B. Tender Document
ITT 8.2 The following are authorised agents of the Employer for the purpose of issuing the Tender
Document:
Agent’s Name:
Address:
Telephone No.:
Fax No.:
e-mail address:
[if not applicable, please specify “None”. If there is more than one (1) Agent, then list all Agent’s names and contact
details]
Document1 31
ITT 9.1 For clarification of Tender Document purposes only, the Employer’s address is:
Attention:
Address:
Telephone:
Fax No.:
e-mail address:
ITT 10.1 A Pre-Tender meeting shall not be held
or
A Pre- Tender meeting shall be held at
Address:
Time & Date:
[delete whichever is not applicable]
C. Qualification Criteria
ITT 14.4 The Nominated Subcontractor(s) named [insert name(s)] shall execute the following specific
components of the proposed Works:
[state the components of the proposed works ; if not applicable state ‘none’]
ITT 15.1 Domestic Preference [shall/shall not] be applicable for eligible national Tenderers
[delete as appropriate]
[Domestic Preference shall not be mandatory and again any relaxation will require recommendation of the CCEA]
D. Tender Preparation
ITT The Tenderer shall submit with its Tender the following additional documents:
20.1(k)
[in case of purchase of capital equipment by the Contractor as part of the overall Contract, a Performance Statement
of the capital equipment in Bangladesh may be necessary and may be requested. if no other documents are required
then specify “none”]
ITT 22.1 Alternatives will not be permitted.

OR
Alternatives will be permitted.
[if alternatives are permitted then outline the method and evaluation criteria for such alternatives ]
There shall be alternative times for completion of the Works, as follows:

OR
There shall not be alternative times for completion of the Works.
ITT 22.2
[alternative times for completion are usually not recommended. When alternative times for completion are permitted use
the first statement and indicate the alternative times. However the evaluation must take into account the requirements
for delayed completion time for which the Tender price shall be loaded. The price loading shall be calculated in a manner
similar to that for liquidated damages, i.e. between 0.05 and 0.10 of ONE (1) percent of the Tender Price per day of
delay and the amount then loaded onto the Tender Price accordingly]

ITT 22.4 Alternative technical solutions for any parts of works will not be permitted.
Or
Alternative technical solutions for following parts of works will be permitted. [identify such parts]
ITT 23.7 Tenders are being invited for an individual lot.
OR
Tenders are being invited for a combination of lots.
[mention the Lot Numbers above for Tenders that anticipate the award of more than one Contract and state that
Tenderers can submit Tender(s) for one or more lots in the package. Tenderers will indicate in their Tender any
discounts which they offer ONLY for the award of more than one Contract]
ITT The prices quoted by the Tenderer shall be fixed for the duration of the Contract.
23.10 OR
The prices quoted by the Tenderer shall be adjustable applying the following formulae and
the weightings or coefficients:
[ delete as appropriate. if prices shall be adjustable, the methodology for adjustment including the formulae to be
applicable should be specified]
Example:
P= A + a (Lm/Lo)+ b (BIm/BIo)+ c (CEm/CEo)+ d (RSm/RSo)+ e (STm/STo)+ f (BRm/BRo)+g (MIm/MIo) + h

(FUm/FUo)+ etc
where;
L= Labor, BI=Bitumen, CE=Cement, RS=Reinforcing Steel, ST=Stone, BR=Bricks, MI=Miscellaneous, FU= Fuel
Weighting or Coefficient A equals between 0.10 and 0.15 and, B (a+b+c+d+e+f+g+h+etc) equals between 0.90
and 0.85
[price adjustment clauses are usually only permitted for Works Contracts, execution of which will take more
than eighteen (18) months from Start Date to Completion Date. The Employer must consider each Contract on
its individual merit; approval of HOPE required for Contracts of less than eighteen (18) months]
ITT 24.1 The currency of the Tender shall be USD/GBP/EU R/JPY and/or
BangladeshTaka
deleteif not appropriate
delete not appropriat e
[denominate currency, as appropriate, for those inputs to the Works clearly identified and specified in the Bill of
Quantities that a Tenderer is expected to supply from outside Bangladesh. The Employer may refer to Guidance Notes
for customizing the BoQ]
ITT 24.4 The currency of the payments shall be USD/GBP/EU R/JPY and/or
BangladeshTaka
[usually same as the currency of the Tender. Delete as appropriate]
ITT 27.1 The required Technical Proposal shall include the following additional information:
[state any other information that may be required]
ITT 29.2 The Tender Validity period shall be [state number] days.
[normally 60 to 120 days deemed reasonable depending on its complexity ]
Document1 33
ITT 31.2 The amount of the Tender Security shall be USD/GBP/EU R/JPY [insert amount] and/or
BangladeshTaka
[insert amount]
in favour of [specify the name of the beneficiary]
[for more than one lot in a package, the Tender Security for each lot should be mentioned separately. The
amount of Tender Security should be expressed as a fixed amount not exceeding three(3) percent of the
official estimated cost for each lot in all cases]
In addition to the original of the Tender, [state number] copies shall be submitted.
ITT 36.1 [usually only two copies are needed, ask for more only if they are essential]
E. Tender Submission
ITT The inner and outer envelopes shall bear the following additional identification marks:
37.2(e)
[indicate any markings that are required on inner and outer envelopes ]
ITT 38.1 For Tender submission purposes only, the Employer’s address is:
Attention:
Address:
The deadline for the submission of Tenders is:

Time & Date:
ITT 38.3 For Tender submission purposes only, the Employer’s address is:
in case of MULTIPLE DROPPING state below the addresses of the PRIMARY PLACE and SECONDARY PLACES
with Time and Date]
Attention:
Address (PRIMARY PLACE ):

Time & Date:

Attention:
Address (SECONDARY PLACES ):

Time & Date:
[ the deadline for submission of Tenders at the Secondary Places shall be fixed as such that the Tenders received
at the Secondary Places can be hand-delivered to Primary Place within three (3) hours but essentially before the
deadline for submission at the Primary Place]
The deadline for the hand-delivering of the Tenders at the PRIMARY PLACE is:
Time & Date:
ITT 38.4
[must be within three(3) hours after the deadline for submission of Tenders at the SECONDARY PLACES but
essentially before the deadline for submission at the Primary Place]
F. Tender Opening and Evaluation

ITT 44.2 The Tender opening shall take place at (always the PRIMARY PLACE):
Address:
Time & Date:
G. Contract Award
ITT 61.2 The amount of Performance Security shall be [insert percentage] percent of the Contract
BangladeshTaka
price in the currency of USD/GBP/EU R/JPY and/or .
[ten (10) percent of the Contract price if advance payment is made, and the total percentage of Retention and
Performance Security may not exceed ten (10) percent , if no advance payment has been effected. Maximum twenty
five (25) percent of the total Contract price in case the Tender is significantly below the official estimated cost or
unbalanced as a result of front loading]
ITT 68.5 The name and address of the office where complaints to the Employer under Rule 57 are
to be submitted is:
Name:
Address:
Fax No.:
e-mail address:
Document1 35
Section 3. General Conditions of Contract
A. General
1. Definitions 1.1 In the Conditions of Contract, which include Particular Conditions
and these General Conditions, the following words and
expressions shall have the meaning hereby assigned to them.
Boldface type is used to identify the defined terms:
(a) Approving Authority means the authority which, in
accordance with the Delegation of Financial powers,
approves the award of Contract for the Procurement of
Goods, Works and Services.
(b) Act means The Public Procurement Act, 2006 (Act 24 of
2006).
(c) Adjudicator is the expert appointed jointly by the Employer
and the Contractor to resolve disputes in the first instance,
as provided for in GCC Sub Clause 100.2.
(d) Bill of Quantities (BOQ) means the priced and completed
Bill of Quantities forming part of the Contract defined in GCC
Clause 63.
(e) Compensation Events are those defined in GCC Clause
72.
(f) Competent Authority means the authority that gives
decision on specific issues as per delegation of
administrative and/or financial powers.
(g) Completion Certificate means the Certificate issued by the
Engineer as evidence that the Contractor has executed the
Works and Physical services in all respects as per design,
drawing, specifications and Conditions of Contract.
(h) Completion Date is the actual date of completion of the
Works and Physical services certified by the Engineer, in
accordance with GCC Clause 83.
(i) Contract means the Contract Agreement, the Notification
of Award, Tender Submission Letter, these Conditions, the
Specification, the Drawings, the Schedules, the Priced Bill
of Quantities, and the further Documents (if any ) which are
listed in the Contract Agreement or in the Notification of
Award.
(j) Contract Agreement means the Agreement entered into
between the Employer and the Contractor, together with the
Contract Documents referred to therein, including all
attachments, appendices, and all documents incorporated
by reference therein to execute, complete, and maintain the
Works.
(k) Contract Documents means the documents listed in GCC
Clause 6, including any amendments thereto.

(l) Contractor means the Person under contract with the
Employer for the execution of Works under the Rules and
the Act as stated in the PCC.
(m) Contract Price is the price stated in the Notification of
Award (FormPW5-7) and as specified in the GCC Sub
Clause 62.1 and, thereafter as adjusted in accordance with
the provisions of the Contract.
(n) Contractor’s Tender is the completed Tender Document
including the priced Bill of Quantities and the Schedules
submitted by the Contractor to the Employer.
(o) Cost means all expenditures reasonably incurred or to be
incurred by the Contractor, whether on or off the Site,
including overhead ,profit, taxes, duties, fees, and such
other similar levies.
(p) Day means calendar day unless otherwise specified as
working days.
(q) Dayworks means work carried out following the instructions
of the Employer or the authorised Engineer and is paid for
on the basis of time spent by the Contractor’s workers and
equipment at the rates specified in the Schedules, in
addition to payments for associated Materials and Plant.
(r) Defect is any part of the Works not completed in
accordance with the Contract.
(s) Defects Correction Certificate is the certificate issued by
the Engineer upon correction of defects by the Contractor.
(t) Defects Liability Period is the period specified in the PCC
and calculated from the Completion Date.
(u) Drawings include calculations and other information
provided in Section 9 or as approved by the Engineer for the
execution and completion of the Contract.
(v) Employer (Procuring Entity) means a Employer having
administrative and financial powers to undertake
procurement of Works and Physical services using public
funds and is as named in the PCC who employs the
Contractor to carry out the Works.
(w) Engineer is the person named in the PCC or any other
competent person appointed by the Employer and notified
to the Contractor who is responsible for supervising the
execution and completion of the Works and Physical
services and administering the Contract.
(x) Equipment is the Contractor’s apparatus, machinery,
vehicles and other things required for the execution and
completion of the Works and remedying any defects
excluding Temporary Works and the Employer’s Equipment
(if any ), Plant, Materials and any other things to form or
forming part of the Permanent Works.
(y) Force Majeure means an event or situation beyond the
control of the Contractor that is not foreseeable, is
unavoidable, and its origins not due to negligence or lack of
Document1 37
care on the part of the Contractor; such events may include,
but not be limited to, acts of the Government in its sovereign
capacity, wars or revolutions, fires, floods, epidemics,
quarantine restrictions, and freight embargoes or more as
included in GCC Clause 88.;
(z) GCC means the General Conditions of Contract.
(aa) Government means the Government of the People’s
Republic of Bangladesh.
(bb) Goods mean the Contractor’s Equipment, Materials, Plant
and Temporary Works, or any of them as appropriate.
(cc) "Head of the Procuring Entity" means the Secretary of a
Ministry or a Division, the Head of a Government
Department or Directorate; or the Chief Executive, by
whatever designation called, of a local Government agency,
an autonomous or semi-autonomous body or a corporation,
or a corporate body established under the Companies Act;
(dd) Intended Completion Date is the date calculated from the
Commencement Date as specified in the PCC, on which it
is intended that the Contractor shall complete the Works
and Physical services as specified in the Contract and may
be revised only by the Engineer by issuing an extension of
time or an acceleration order.
(ee) Materials means things of all kinds other than Plant
intended to form or forming part of the Permanent Works,
including the supply-only materials, if any, to be supplied by
the Contractor under the Contract.
(ff) Month means calendar month.
(gg) Original Contract Price is the Contract Price stated in the
Employer’s Notification of Award and further clearly
determined in the PCC.
(hh) Permanent works means the permanent works to be
executed by the Contractor under the Contract.
(ii) PCC means the Particular Conditions of Contract.
(jj) Plant means the apparatus, machinery and other
equipment intended to form or forming part of the
Permanent Works, including vehicles purchased for the
Employer and relating to the construction of the Works and
Physical services.
(kk) Provisional Sums means amounts of money specified by
the Employer in the Bill of Quantities which shall be used, at
its discretion, for payments to Nominated Subcontractor(s)
and for meeting other essential expenditures under the
Contract pursuant to GCC Sub Clause 80.
(ll) Retention Money means the accumulated retention
moneys which the Employer retains under GCC Clause 75.
(mm) Schedules means the document(s) entitled schedules,
completed by the Contractor and submitted with the Tender
Submission Letter, as included in the Contract. Such

document may include the data, lists and schedules of rates
and/or prices.
(nn) Site means the places where the Permanent Works are to
be executed including storage and working areas and to
which Plant and Materials are to be delivered, and any other
places as may be specified in the PCC as forming part of
the Site.
(oo) Site Investigation Reports are those that were included in
the Tender Document and are factual and interpretative
reports about the surface and subsurface conditions at the
Site.
(pp) Specification means the Specification of the Works
included in the Contract and any modifications or additions
to the specifications made or approved by the Engineer in
accordance with the Contract.
(qq) Start Date is the date defined in the PCC and it is the last
date when the Contractor shall commence execution of the
Works under the Contract.
(rr) Subcontractor means a person or corporate body, who has
a contract with the Contractor to carry out a part of the work
in the Contract, which includes work on the Site.
(ss) Taking-Over means a certificate issued by the Employer
under GCC Clause 84.
(tt) Temporary Works means all temporary works of every kind
other than Contractor’s Equipment required on the Site for
the execution and completion of the Permanent Works and
remedying of any defects.
(uu) Variation means any change to the Works directly procured
from the original Contractor under some specific conditions
and circumstances following approved procedures, which is
instructed as a Variation under GCC Clause 65 by the
Engineer that varies the Works.
(vv) Works means all works associated with the construction,
reconstruction, site preparation, demolition, repair,
maintenance or renovation of railways, roads, highways, or
a building, an infrastructure or structure or an installation or
any construction work relating to excavation, installation of
equipment and materials, decoration, as well as physical
services ancillary to works as detailed in the PCC, if the
value of those services does not exceed that of the Works
themselves.
(ww) Writing means communication written by hand or machine
duly signed and includes properly authenticated messages
by facsimile or electronic mail.
2. Interpretation 2.1 In interpreting the GCC, singular also means plural, male also
means female or neuter, and the other way around. Headings in
the GCC shall not be deemed part thereof or be taken into
consideration in the interpretation or construance of the Contract.
Words have their normal meaning under the language of the
Contract unless specifically defined.
Document1 39
2.2 Entire Agreement
The Contract constitutes the entire agreement between the
Employer and the Contractor and supersedes all
communications, negotiations and agreements (whether written
or verbal) of parties with respect thereto made prior to the date of
Contract Agreement; except those stated under GCC Sub Clause
6.1(j).
2.3 Non waiver

(a) Subject to GCC Sub Clause 2.3(b), no relaxation,
forbearance, delay, or indulgence by either party in
enforcing any of the terms and conditions of the Contract or
the granting of time by either party to the other shall
prejudice, affect, or restrict the rights of that party under the
Contract, neither shall any waiver by either party of any
breach of Contract operate as waiver of any subsequent or
continuing breach of Contract.
(b) Any waiver of a party’s rights, powers, or remedies under the

Contract must be in writing, dated, and signed by an
authorized representative of the party granting such waiver,
and must specify the right and the extent to which it is being
waived.
2.4 Severability
If any provision or condition of the Contract is prohibited or
rendered invalid or unenforceable, such prohibition, invalidity or
unenforceability shall not affect the validity or enforceability of any
other provisions and conditions of the Contract.
2.5 Sectional completion

If sectional completion is specified in the PCC, references in the
GCC to the Works, the Completion Date, and the Intended
Completion Date apply to any section of the Works (other than
references to the Completion Date and Intended Completion Date
for the whole of the Works).
3. Communications 3.1 Communications between Parties such as notice, request or

and Notices consent required or permitted to be given or made by one party
to the other pursuant to the Contract shall be in writing to the
addresses specified in the PCC.
3.2 A notice shall be effective when delivered or on the notice’s

effective date, whichever is later.
3.3 A Party may change its address for notice hereunder by giving the
other Party notice of such change to the address.
4. Governing Law 4.1 The Contract shall be governed by and interpreted in accordance
with the laws of the People’s Republic of Bangladesh.

5. Governing 5.1 The Contract shall be written in English. All correspondences and
Language documents relating to the Contract may be written in English.
Supporting documents and printed literature that are part of the
Contract may be in another language, provided they are
accompanied by an accurate translation of the relevant passages
in English, in which case, for purposes of interpretation of the
Contract, such translation shall govern.
5.2 The Contractor shall bear all costs of translation to the governing
language and all risks of the accuracy of such translation.
6. Documents 6.1 The following documents forming the Contract shall be interpreted
Forming the in the following order of priority:
Contract and
(a) the signed Contract Agreement (Form PW5-8);
Priority of
Documents (b) the Notification of Award (PW5-7);
(c) the completed Tender and the Appendix to the Tender;
(d) the Particular Conditions of Contract;
(e) the General Conditions of Contract;
(f) the Technical Specifications;
(g) the General Specifications;
(h) the Drawings;
(i) the priced Bill of Quantities and the Schedules; and
(j) any other document listed in the PCC forming part of the
Contract.
7. Contract 7.1 The parties shall enter into a Contract Agreement within twenty
Agreement eight (28) days from the date of issuance of the Notification of
Award (NOA). The costs of stamp duties and similar charges, if
any, designated by the applicable law in connection with entry into
the Contract Agreement, shall be borne by the Employer.
8. Assignment 8.1 Neither the Contractor nor the Employer shall assign, in whole or
in part, its obligations under the Contract; except with the
Employer’s prior written approval.
9. Eligibility 9.1 The Contractor and its Subcontractor(s) shall have the nationality
of a country other than that specified in the PCC.
9.2 All materials, equipment, plant, and supplies used by the

Contractor in both permanent and temporary works and services
supplied under the Contract shall have their origin in the countries
except any specified in the PCC.
10. Gratuities / 10.1 No fees, gratuities, rebates, gifts, commissions or other

Agency fees payments, other than those included in the Contract, shall be
given or received in connection with the procurement process or
in the Contract execution.
Document1 41
11. Confidential 11.1 The Employer and the Contractor shall keep confidential and shall
Details not, without the written consent of the other party hereto, divulge
to any third party any documents, data, or other information
furnished directly or indirectly by the other party hereto in
connection with the Contract, whether such information has been
furnished prior to, during or following completion or termination of
the Contract. Notwithstanding the above, the Contractor may
furnish to its Subcontractor such documents, data, and other
information it receives from the Employer to the extent required
for the Subcontractor to perform its work under the Contract, in
which event the Contractor shall obtain from such Subcontractor
an undertaking of confidentiality similar to that imposed on the
Contractor under GCC Clause 11.
11.2 The Employer shall not use such documents, data, and other
information received from the Contractor for any purposes
unrelated to the Contract. Similarly, the Contractor shall not use
such documents, data, and other information received from the
Employer for any purpose other than the design, construction, or
other work and services required for the performance of the
Contract.
11.3 The obligations of a party under GCC Sub Clauses 11.1 and 11.2
above, however, shall not apply to information that: the Employer
or Contractor needs to share with institutions participating in the
financing of the Contract; now or hereafter enters the public
domain through no fault of that party; can be proven to have been
possessed by that party at the time of disclosure and which was
not previously obtained, directly or indirectly, from the other party;
or otherwise lawfully becomes available to that party from a third
party that has no obligation of confidentiality.
11.4 The above provisions of GCC Clause 11 shall not in any way
modify any undertaking of confidentiality given by either of the
parties hereto prior to the date of the Contract in respect of the
Works or any part thereof.
11.5 The provisions of GCC Clause 11 shall survive completion or

termination, for whatever reason.
12. Joint Venture, 12.1 If the Contractor is a Joint Venture, Consortium, or Association
Consortium or (JVCA ),
Association
(a) each partner of the JV shall be jointly and severally liable for
(JVCA)
all liabilities and ethical or legal obligations to the Employer
for the performance of the Contract;
(b) the JV partners shall nominate a representative who shall
have the authority to conduct all business including the
receipt of payments for and on behalf of all partners of the
JV;
(c) in the event of a dispute that results in legal action against all
partners of the JV, if they are available and if only one
partner is available, then that partner alone shall answer on
behalf of all partners and, if the complaint lodged is proven,

the penalty shall be applicable on that lone partner as
whatever penalty all the partners would have received.
(d) the JV shall notify the Employer of its composition and legal
status which shall not be altered without the prior approval
of the Employer.
(e) alteration of partners shall only be allowed if any of the
partners is found to be incompetent or has any serious
difficulties which may impact the overall implementation of
the Works, whereby the incoming partner shall require to
posses qualifications equal to or higher than that of the
outgoing partner.
(f) if any of the partners of JV has been debarred from
participating in any procurement activity due to corrupt,
fraudulent, collusive or coercive practices, that JV partner
shall be altered following provisions under GCC Sub Clause
12.1 (d) and (e), while in case the Leading Partner has been
debarred due to the same reasons stated herein the
Contract shall be terminated as stated under GCC Sub
Clause 95.1(b).
13. Possession of 13.1 The Employer shall give possession of the Site or part(s) of the
the Site Site, to the Contractor on the date(s) stated in the PCC. If
possession of a part of the Site is not given by the date stated in
the PCC, the Employer will be deemed to have delayed the start
of the relevant activities, and this will be a Compensation Event
as stated under GCC Sub Clause 72.1(a).
14. Access to the 14.1 The Contractor shall allow the Engineer and any person
Site authorised by the Engineer access to the Site and to any place
where work in connection with the Contract is being carried out or
is intended to be carried out.
15. Employer’s 15.1 The Employer shall pay the Contractor, in consideration of the
Responsibilities satisfactory progress of execution and completion of the Works
and Physical services, and the remedying of defects therein, the
Contract price or such other sum as may become payable under
the provisions of the Contract at the times and in the manner
prescribed by the Contract Agreement.
15.2 The Employer shall make its best effort to guide and assist the
Contractor in obtaining, if required, any permit, licence, and
approvals from local public authorities for the purpose of
execution of the Works and Physical services under the Contract.
16. Approval of the 16.1 The Contractor shall submit Specifications and Drawings
Contractor’s showing the proposed Temporary Works to the Engineer, who is
Temporary to approve them, if they comply with the Specifications and
Works Drawings.
16.2 The Contractor shall be responsible for design of Temporary
Works.
16.3 All Drawings prepared by the Contractor for the execution of the
Temporary or Permanent Works, are subject to prior approval by
the Engineer before their use.
Document1 43
16.4 The Engineer’s approval shall not alter the Contractor’s
responsibility for design of the Temporary Works.
16.5 The Contractor shall obtain approval of third parties to the design
of the Temporary Works, where required.
17. Contractor’s 17.1 The Contractor shall execute and complete the Works and
Responsibilitie remedy any defects therein in conformity in all respects with the
s provisions of the Contract Agreement.
18. Taxes and 18.1 The Contractor shall be entirely responsible for all kinds of taxes,
Duties duties, fees, levies, and such other charges to be paid under the
Applicable Law imposed inside and outside Bangladesh.
19. Contractor’s 19.1 The Contractor shall employ the key personnel named in the
Personnel Schedule of Key Personnel, as referred to in the PCC, to carry
out the functions stated in the Schedule or other personnel
approved by the Engineer.
19.2 The Engineer will approve any proposed replacement of key
personnel only if their relevant qualifications and abilities are
equal to or higher than those of the personnel named in the
Schedule.
19.3 If the Engineer asks the Contractor to remove a particular person
who is a member of the Contractor’s staff or work force from the
Site, he or she shall state the reasons, and the Contractor shall
ensure that the person leaves the Site within three (3) days and
has no further connection with the work in the Contract.
20. Subcontracting 20.1 Subcontracting the whole of the Works by the Contractor shall
not be permissible. The Contractor shall be responsible for the
acts or defaults of any Subcontractor, his or her agents or
employees, as if they were the acts or defaults of the Contractor.
20.2 The Contractor shall not be required to obtain consent from the
Engineer, for suppliers solely of Materials or to a subcontract for
which the Specialist Subcontractor(s) is already named in the
Contract.
20.3 The prior consent, in writing, of the Engineer shall however be
obtained for other proposed Subcontractor(s).
21. Nominated 21.1 Nominated Subcontractor named in the Contract shall be entitled
Subcontractor to execute the specific components of the Works stated in the
PCC.
21.2 The Contractor shall not be under obligations to employ a
Nominated Subcontractor against whom the Contractor raises
reasonable objection by notice to the Engineer as soon as
practicable, with supporting particulars while there are reasons
to believe that the Subcontractor does not have sufficient
competence, resources or financial strength, or does not accept
to indemnify the Contractor against and from any negligence or
misuse of Goods by the nominated Subcontractor, or does not
accept to enter into a subcontract which specifies that, for the
subcontracted work including design, if any, the Nominated
Subcontractor shall undertake to the Contractor such obligations

and liabilities as will enable the contractor to discharge his or her
liabilities under the Contract.
21.3 Subcontracting shall in no event relieve the Contractor from any
of its obligations, duties, responsibilities, or liability under the
Contract and all Subcontractors shall comply with the provisions
of GCC Clause 38.
22. Other 22.1 The Contractor shall cooperate and share the Site with other
Contractors Contractors, public authorities, utilities, the Engineer and the
Employer between the dates given in the Schedule of other
Contractors. The Contractor shall also provide facilities and
services for them as described in the Schedule. The Employer
may modify the Schedule of other Contractors, and shall notify
the Contractor of any such modification.
23. Engineer’s 23.1 Except where otherwise specifically stated in the PCC, the
Decisions Engineer will decide Contractual matters between the Employer
and the Contractor in its role as representative of the Employer.
24. Delegation 24.1 The Engineer may delegate any of his duties and
responsibilities to his representative, after notifying the
Contractor, and may cancel any delegation, without
retroactivity, after notifying the Contractor.
24.2 Any communications to the Contractor in accordance with such

delegation shall have the same effect as if it was given by the
Engineer.
25. Instructions 25.1 The Contractor shall carry out all instructions of the Engineer
that comply with the applicable law.
26. Queries about 26.1 The Engineer, on behalf of the Employer, will clarify queries on
the Contract the Conditions of Contract.
conditions
27. Safety, 27.1 The Contractor shall throughout the execution and completion
Security and of the Works and the remedying of any defects therein:
Protection of (a) take all reasonable steps to safeguard the health and
the safety of all workers working on the Site and other
Environment persons entitled to be on it, and to keep the Site in an
orderly state;
(b) provide and maintain at the Contractor’s own cost all
lights, guards, fencing, warning signs and watching for the
protection of the Works or for the safety on-site; and
(c) take all reasonable steps to protect the environment on
and off the Site and to avoid damage or nuisance to
persons or to property of the public or others resulting
from pollution, noise or other causes arising as a
consequence of the Contractors methods of operation.
28. Working Hours 28.1 The Contractor shall not perform any work on the Site on the
weekly holidays, or during the night or outside the normal
working hours, or on any religious or public holiday, without the
prior written approval of the Engineer.
Document1 45
29. Welfare of 29.1 The Contractor shall comply with all the relevant labour Laws
Laborers applicable to the Contractor’s personnel relating to their
employment, health, safety, welfare, immigration and shall
allow them all their legal rights.
29.2 The Contractor, in particular, shall provide proper
accommodation to his or her labourers and arrange proper
water supply, conservancy and sanitation arrangements at the
site for all necessary hygienic requirements and for the
prevention of epidemics in accordance with relevant
regulations, rules and orders of the government.
29.3 The Contractor, further in particular, shall pay reasonable
wages to his or her labourers, and pay them in time. In the event
of delay in payment the Employer may effect payments to the
labourers and recover the cost from the Contractor.
29.4 The Contractor shall appoint an accident prevention officer at
the Site, responsible for maintaining safety and protection
against accidents. This person shall be qualified for this
responsibility, and shall have the authority to issue instructions
and take appropriate protective measures to prevent accidents
that could result in injury. Throughout the execution of the
Works, the Contractor shall provide whatever is required by this
person to exercise this responsibility and authority.
30. Child Labor 30.1 The Contractor shall not employ any child to perform any work
that is economically exploitative, or is likely to be hazardous to,
or to interfere with, the child's education, or to be harmful to the
child's health or physical, mental, spiritual, moral, or social
development in compliance with the applicable laws and other
relevant treaties ratified by the government.
31. Fossils 31.1 All fossils, coins, articles of value or antiquity, and structures
and other remains or items of geological or archaeological
interest found on the Site shall be placed under the care and
authority of the Employer. The Contractor shall take reasonable
precautions to prevent Contractor’s Personnel or other persons
from removing or damaging any of these findings.
31.2 The Contractor shall, upon discovery of any such finding,

promptly give notice to the Engineer, who shall issue
instructions for dealing with it. If the Contractor suffers delay
and/or incurs cost from complying with the instructions, the
Contractor shall give a further notice to the Engineer and shall
be entitled subject to Claims under GCC Clause 99 to:
(a) an extension of time for any such delay, if completion is
or will be delayed, under GCC Clause 45, and
(b) payment of any such cost, which shall be included in the
Contract Price.
32. Employer’s 32.1 The Employer carries the risks that the Contract states are
and Employer’s risks and the Contractor carries the risks that the
Contract states are Contractor’s risks.

Contractor’s
Risks
33. Employer’s 33.1 From the Start Date until the Defects Correction Certificate has
Risks been issued, the following are Employer’s risks:
(a) the risk of personal injury, death, or loss of or damage to
property (excluding the Works, Plant, Materials, and
Equipment), which are due to
i. use or occupation of the Site by the Works or for the
purpose of the Works, which is the unavoidable
result of the Works or
ii. negligence, breach of statutory duty, or interference
with any legal right by the Employer or by any person
employed by or Contracted to him except the
Contractor.
(b) the risk of damage to the Works, Plant, Materials, and
Equipment to the extent that it is due to a fault of the
Employer or in the Employer’s design, or due to war or
radioactive contamination directly affecting the country
where the Works are to be executed.
33.2 From the Completion Date until the Defects Correction

Certificate has been issued, the risk of loss of or damage to the
Works, Plant, and Materials is Employer’s risk, except loss or
damage due to:
(a) a Defect which existed on the Completion Date;
(b) an event occurring before the Completion Date, which
was not itself Employer’s risk; or
(c) the activities of the Contractor on the Site after the
Completion Date.
34. Contractor’s 34.1 From the Start Date until the Defects Correction Certificate has
Risks been issued the risks of personal injury, death, and loss of or
damage to property including without limitation, the Works,
Plant, Materials, and Equipment, which are not Employer’s
risks are Contractor’s risks.
35. Copyright 35.1 The copyright in all drawings, documents, and other materials
containing data and information furnished to the Employer by
the Contractor herein shall remain vested in the Contractor, or,
if they are furnished to the Employer directly or through the
Contractor by any third party, including Suppliers of materials,
the copyright in such materials shall remain vested in such third
party.
35.2 The Contractor shall not, except for the purposes of performing
the obligations under the Contract, without the written
permission of the Employer disclose or make use of any
specification, plan, design and drawing, pattern, sample or
information furnished by or on behalf of the Employer.
Document1 47
36. Limitation of 36.1 Except in cases of criminal negligence or wilful misconduct:
Liability
(a) the Contractor shall not be liable to the Employer,
whether in Contract, tort, or otherwise, for any indirect or
consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs, provided
that this exclusion shall not apply to any obligation of the
Contractor to pay liquidated damages to the Employer;
and
(b) the aggregate liability of the Contractor to the Employer,
whether under the Contract, in tort or otherwise, shall not
exceed the total Contract Price, provided that this
limitation shall not apply to the cost of repairing or
replacing defective Works, or to any obligation of the
Contractor to indemnify the Employer with respect to
patent infringement.
37. Insurance 37.1 The Contractor shall provide, in the joint names of the Employer
and the Contractor, insurance cover from the Start Date to the
end of the Defects Liability Period, in the amounts and
deductibles specified in the PCC for the following events which
are due to the Contractor’s risks:
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant,
Materials, and Equipment) in connection with the
Contract; and
(d) personal injury or death.
37.2 The Contractor shall deliver policies and certificates of insurance
to the Engineer, for the Engineer’s approval, before the Start
Date. All such insurances shall provide for compensation to be
payable in the types and proportions of currencies required to
rectify the loss or damage incurred.
37.3 If the Contractor does not provide any of the policies and
certificates required, the Employer may effect the insurance
which the Contractor should have provided and recover the
premiums the Employer has paid from payments otherwise
due to the Contractor or, if no payment is due, the payment of
the premiums shall be a debt due.
37.4 Alterations to the terms of insurance shall not be made without
the approval of the Engineer.
37.5 Both parties shall comply with conditions of the insurance
policies.
38. Management 38.1 Either the Engineer or the Contractor may require the other to
and Progress attend a management and progress meeting. The business of
Meetings such meeting shall be to review the progress and plans for
remaining work and to deal with matters raised in accordance
with the early warning procedure.

38.2 The Engineer shall record the business of the meetings and
provide copies of the record to those attending the meeting and
to the Employer. The responsibility of the parties for actions to
be taken shall be decided by the Engineer either at the
management and progress meeting or after the meeting, and
stated in writing to all concerned.
39. Corrupt, 39.1 The Government requires that Employer, as well as the
Fraudulent, Contractor shall observe the highest standard of ethics during
Collusive or the implementation of procurement proceedings and the
Coercive execution of the Contract under the Contract.
Practices
39.2 The Government requires that Employer, as well as the
Contractor shall, during the Procurement proceedings and the
execution of the Contract under public funds, ensure-
(a) strict compliance with the provisions of Section 64 of the
Public Procurement Act, 2006;
(b) abiding by the code of ethics as mentioned in the
Rule127 of the Public Procurement Rules, 2008;
(c) that neither it, nor any other member of its staff, or any
other agents or intermediaries working on its behalf
engages in any such practice as detailed in GCC Sub
Clause 39.3.
39.3 For the purposes of GCC Sub Clause 39.2, 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 a Employer 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 a Employer 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;
Document1 49
(c) “collusive practice” means a scheme or arrangement
between two (2) or more Persons, with or without the
knowledge of the Employer, that is designed to arbitrarily
reduce the number of Tenders submitted or fix Tender
prices at artificial, non-competitive levels, thereby denying
a Employer the benefits of competitive price arising from
genuine and open competition; or
(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 the Contract, and this will include
creating obstructions in the normal submission process
used for Tenders.
39.4 Should any corrupt, fraudulent, collusive or coercive practice of

any kind come to the knowledge of the Employer, it will, in the
first place, allow the Contractor to provide an explanation and
shall, take actions only when a satisfactory explanation is not
received. Such decision and the reasons thereof, shall be
recorded in the record of the procurement proceedings and
promptly communicated to the Contractor. Any
communications between the Contractor and the Employer
related to matters of alleged fraud or corruption shall be in
writing.
39.5 If corrupt, fraudulent, collusive or coercive practices of any kind
determined by the Employer against the Contractor alleged to
have carried out such practices, the Employer will :
(a) exclude the Contractor from further participation in the
particular Procurement proceeding; or
(b) declare, at its discretion, the Contractor to be ineligible to
participate in further Procurement proceedings, either
indefinitely or for a specific period of time.
39.6 The Contractor shall be aware of the provisions on corruption,
fraudulence, collusion and coercion in Section 64 of the Public
Procurement Act, 2006 and Rule 127 of the Public Procurement
Rules, 2008.
B. Time Control
40. Commencement 40.1 Except otherwise specified in the PCC , the Commencement
of Works Date shall be the date at which the following precedent
conditions have all been fulfilled and the Engineer’s instruction
recording the agreement of both Parties on such fulfilment and
instructing to commence the Works is received by the
Contractor:
(a) signing of the Contract Agreement by both parties upon
approval of the by relevant authorities;
(b) except if otherwise specified in the PCC , possession of
the Site given to the Contractor as required for the
commencement of the Works; and

(c) receipt by the Contractor of the Advance Payment under
GCC Clause 78 provided that the corresponding Bank
Guarantee has been delivered by the Contractor.
40.2 If the Engineer’s instruction is not received by the Contractor
within one hundred eighty (180) days from the date of signing
of the Contract Agreement, the Contractor shall be entitled to
terminate the Contract under GCC Sub Clause 93.1.
40.3 The Contractor shall commence the execution of the Works as
soon as is reasonably practicable by the Start Date as specified
in the GCC Sub Clause 1.1(pp) after the Commencement Date,
and shall then proceed with the Works with due expedition and
without delay.
41. Completion of 41.1 The Contractor shall carry out the Works in accordance with the
Works Programme of Works submitted by the Contractor and as
updated with the approval of the Engineer as stated under GCC
Clause 42 to complete them in all respects by the Intended
Completion Date.
42. Programme of 42.1 Within the time stated in the PCC, the Contractor shall submit
Works to the Engineer for approval a Programme of Works showing
the general methods, arrangements, order, and timing for all
the activities in the Works. The programme may be in the form
of an Implementation Schedule prepared in any software or
other form acceptable to the Engineer.
42.2 The Contractor shall submit to the Engineer for approval of an
updated Programme at intervals no longer than the period
stated in the PCC. An update of the Programme shall be a
Programme showing the actual progress achieved on each
activity and the effect of the progress achieved on the timing of
the remaining work, including any changes to the sequence of
the activities.
42.3 If the Contractor does not submit an updated Programme of
Works at the intervals stated in the PCC, the Engineer may
withhold an amount as stated in the PCC from the next payment
certificate and continue to withhold this amount until the next
due payment after the date on which the overdue Programme
of Works has been submitted.
42.4 The Engineer’s approval of the Programme of Works shall not
alter the Contractor’s obligations. The Contractor may revise
the Programme and submit it to the Engineer again at any time
for approval. A revised Programme shall show the effect of
Variations and Compensation Events.
43. Pro Rata 43.1 The Contractor shall maintain Pro Rata progress of the Works.
Progress Progress to be achieved shall be pursuant to GCC Clause 42
and shall be determined in terms of the value of the works done.
43.2 Failure to achieve the progress in accordance with the updated
Programme of Works stated under GCC sub Clause 42.1and
42.2 by the Contractor may be treated as the fundamental
breach of the Contract under GCC Clause 95.1.
Document1 51
44. Early Warning 44.1 If at any time during performance of the Contract, the
Contractor or its Subcontractors should encounter events,
circumstances, conditions that may adversely affect the quality
of the work, increase the original Contract Price or delay the
execution of the Works, the Contractor shall promptly notify the
Engineer in writing of the delay, its likely duration, and its cause.
As soon as practicable after receipt of the Contractor’s notice,
the Engineer shall evaluate the situation, and the Contractor
shall cooperate with the Engineer in making and considering
proposals for how the effect of such an event or circumstance
can be avoided or reduced.
44.2 The Engineer may require the Contractor to provide an

estimate of the expected effect of the future event or
circumstance on the original Contract price and Completion
Date. The Contractor shall provide the estimate and the
Engineer shall further proceed as soon as reasonably possible.
45. Extension of 45.1 The Contractor shall be entitled to an extension of the Intended
Intended Completion Date, if and to the extent that completion of the
Completion Works or any part thereof is or will be delayed by
Date Compensation Events or a Variation or Extra Work Order.
45.2 If the Contractor considers itself to be entitled to an extension

of the Intended Completion Date as stated under GCC Sub
Clause 45.1, the Contractor shall give notice, not later than
twenty eight (28) days after the Contractor became aware or
should have become aware of the event or circumstance, to the
Engineer pursuant to GCC Sub Clause 99.1.
45.3 The Employer shall decide whether and by how much to extend
the Intended Completion Date within twenty-one (21) days of
the Contractor asking the Engineer for a decision upon the
effect of a Compensation Event or Variation and submitting full
supporting information. If the Contractor has failed to give early
warning of a delay or has failed to cooperate in dealing with a
delay, the delay by this failure shall not be considered in
assessing the extension of Intended Completion Date.
45.4 The Employer may extend the Intended Completion Date by

twenty (20) percent of the original Contract time as stated under
GCC Sub Clause 45.1, if a Compensation Event occurs or a
Variation Order is issued which does not make it possible to
complete the Works by the Intended Completion Date without
incurring additional cost.
45.5 In the case an extension of the Intended Completion Date

required under GCC Sub Clause 45.3 is or will be more than
twenty (20) percent of the original Contract time, approval of the
Head of the Procuring Entity for the same shall be required to
be obtained.

46. Delays 46.1 If the following
Caused by conditions
Authorities apply, namely:
(a) the Contractor has diligently followed the procedures laid
down by the relevant legally constituted public authorities,
(b) these public authorities delay or disrupt the Contractor’s
work, and
(c) the delay or disruption was unforeseeable;
then this delay or disruption will be considered as a cause of
delay under GCC Sub Clause 46.1.
46.2 The Engineer shall notify the Contractor accordingly keeping
the Employer posted.
46.3 Except in case of Force Majeure, as provided under GCC
Clause 88, a delay by the Contractor in the performance of its
Completion obligations shall render the Contractor liable to the
imposition of Liquidated Damages pursuant to GCC Clause 76,
unless an extension of Intended Completion Date is agreed
upon, pursuant to GCC Clause 45.
46.4 If the Contractor fails to complete the Works by the Intended
Completion Date or as extended by the Employer or Head of
the Procuring Entity, as the case may be under GCC Sub
Clause 45.4 or 45.5, the Contractor shall be liable to pay
Liquidated Damages to the Employer pursuant to GCC Clause
76.
47. Acceleration 47.1 When the Employer wants the Contractor to finish the Works
before the Intended Completion Date, the Engineer will obtain
priced proposals for achieving the necessary acceleration from
the Contractor. If the Employer accepts these proposals, the
Intended Completion Date will be advanced accordingly and
confirmed by both the Employer and the Contractor.
47.2 If the Employer accepts the Contractor’s priced proposals for
acceleration, they will be incorporated in the Contract Price and
treated as a Variation under GCC Clause 65.
48. Delays 48.1 The Engineer may instruct the Contractor to delay the start or
Ordered by progress of any activity within the Works.
the Engineer
49. Suspension of 49.1 The Engineer may at any time instruct the Contractor to
Work suspend progress of part or all of the Works. During such
suspension, the Contractor shall protect, store and secure such
part or the Works against any deterioration, loss or damage.
49.2 The Engineer may also notify the cause for the suspension. If
and to the extent that the cause is notified and is the
responsibility of the Contractor, the following GCC Clauses 50,
51 and 52 shall not apply.
50. 50.1 If the Contractor suffers delay and/or incurs Cost from
Consequence complying with the Engineer’s instructions under GCC Clause
48 and/or from resuming the work, the Contractor shall give
Document1 53
s of notice to the Engineer and shall be entitled subject to GCC
Suspension Clause 99 to:
(a) an extension of time for any such delay, if Completion is
(b) payment of any such cost, which shall be included in the
Contract Price.
50.2 After receiving this notice, the Engineer shall proceed to agree
or determine these matters.
50.3 The Contractor shall not be entitled to any extension of time for,
or to any payment of the cost incurred in, making good the
consequences of the Contractor’s faulty design, workmanship
or materials, or of the Contractor’s failure to protect, store or
secure in accordance with GCC Clause 49.
51. Payment for 51.1 The Contractor shall be entitled to payment of the value, as at
Plant and the date of suspension, of Plant and/or Materials which have
Materials in not been delivered to Site, if:
Event of (a) the work on Plant or delivery of Plant and/or Materials
Suspension has been suspended for more than twenty (28) days,
and
(b) the Contractor has marked the Plant and/or Materials as
the Employer’s property in accordance with the
Engineer’s instructions.
52. Prolonged 52.1 If the suspension under GCC Clause 49 has continued for more
Suspension than eighty four (84) days, the Contractor may request the
Engineer’s permission to proceed. If the Engineer does not give
permission within twenty eight (28) days after being requested
to do so, the Contractor may, by giving notice to the Project
Manger, treat the suspension as an omission under GCC
Clause 65 of the affected part of the Works. If the suspension
affects the whole of the Works, the Contractor may give notice
of termination pursuant to GCC Clause 93.
53. Resumption of 53.1 After the permission or instruction to proceed is given, the
Work Contractor and the Engineer shall jointly examine the Works and
the Plant and Materials affected by the suspension. The
Contractor shall make good any deterioration or defect in or loss
of the Works or Plant or Materials, which has occurred during the
suspension after receiving from the Engineer an instruction to
this effect under GCC Clause 65.
C. Quality Control
54. Execution of 54.1 The Contractor shall construct, install and carry out the Works
Works and Physical services in accordance with the Specifications
and Drawings as scheduled in GCC Clause 6.
55. Examination 55.1 All works under the Contract shall at all times be open to
of Works examination, inspection, measurements, testing and

before supervision of the Engineer, and the Contractor shall ensure
covering up presence of its representatives at such actions provided proper
advance notice is given by the Engineer.
55.2 No part of the Works shall be covered up or put out of sight

without the approval of the Engineer. The Contractor shall give
notice in writing to the Engineer whenever any such part of the
Works is ready for examination and the Engineer shall attend
to such examination without unreasonable delay.
56. Identifying 56.1 The Engineer shall check the works executed by the Contractor
Defects and notify the Contractor of any Defects found. Such checking
shall not relieve the Contractor from his or her obligations. The
Engineer may also instruct the Contractor to search for a Defect
and to uncover and test any work that the Engineer considers
may have a Defect.
57. Testing 57.1 The Contractor shall carry out the Testing of works in
accordance with this Clause after providing the relevant
documents.
57.2 The Contractor shall give to the Engineer not less than
twenty one (21) days’ notice of the date after which the
Contractor will be ready to carry out each of the Testing.
Unless otherwise agreed, Testing shall be carried out
within fourteen (14) days after this date, on such day or
days as the Engineer shall instruct.
57.3 In considering the results of the Testing, the Engineer

shall make allowances for the effect of any use of the
Works by the Employer on the performance or other
characteristics of the Works. As soon as the Works have
passed any Testing, the Contractor shall submit a certified
report of the results of these Tests to the Engineer.
57.4 If the Engineer instructs the Contractor to carry out a test

not specified in the Specification to check whether any
work has a Defect and the test shows that it does, the
Contractor shall pay for the test and any samples. If there
is no Defect, the test shall be a Compensation Event.
58. Rejection58.1
of 58.1 If, as a result of an examination, inspection, measurement or
Works testing, of Works it is found to be defective or otherwise not in
accordance with the Contract, the Engineer may reject the
Works by giving notice to the Contractor, with reasons. The
Contractor shall then promptly make good the defect and
ensure that the rejected Works subsequently complies with the
Contract.
59. Remedial 59.1 Notwithstanding any test or certification, the Engineer may
Work instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials
which is not in accordance with the Contract,
Document1 55
(b) remove and re-execute any other work which is not in
accordance with the Contract, and
(c) execute any work which is urgently required for the
safety of the Works, whether because of an accident,
unforeseeable event or otherwise.
59.2 The Contractor shall comply with the instruction issued under
GCC Sub Clause 59.1 within a reasonable time, which shall be
specified in the instruction, or immediately if urgency is
specified under GCC Sub Clause 59.1(c).
59.3 If the Contractor fails to comply with the instruction issued under
GCC Sub Clause 59.2, the Employer shall be entitled to employ
and pay other persons to carry out the work. Except to the
extent that the Contractor would have been entitled to payment
for the work, the Contractor shall be liable to pay all such costs
arising from this failure.
60. Correction of 60.1 The Engineer shall issue a Defects Liability Schedule for
Defects correction of Defects within fifty six (56) days from the
Contractor’s request for Final Payment stating the scope of
corrections or additions that are necessary.
60.2 The Engineer shall give notice to the Contractor, with a copy to
the Employer and others concerned, of any Defects before the
end of the Defects Liability Period, which begins at Completion
Date, and is defined in the PCC.
60.3 Every time notice of a Defect is given, the Contractor shall
correct the notified Defect within the length of time specified by
the Engineer’s notice.
60.4 The Defects Liability Period shall be extended for as long as
Defects remain to be corrected.
60.5 If the corrections or additions scheduled or notified by the
Engineer have been completed by the Contractor, the Engineer
shall issue a Defects Correction Certificate.
61. Uncorrected 61.1 If the Contractor has not corrected a Defect within the time
Defects specified in the Engineer’s notice, the Engineer shall assess the
cost of having the Defect corrected by it, and the Contractor
shall remain liable to pay the expenditures incurred on account
of correction of such Defect.
D. Cost Control
62. Contract Price 62.1 The Contract price shall be agreed or determined under GCC Sub
Clause 62.2 and as specified in the PCC.
62.2 The Contractor shall pay all of taxes, duties, fees, levies, and other
charges required to be paid under the Applicable Law under the
Contract pursuant to GCC Clause 18 and the Contract Price shall
not be adjusted for any of these costs except as provided under the
Conditions of the Contract.

63. Bill of 63.1 The priced Bill of Quantities shall be used to calculate the Contract
Quantities Price. The Bill of Quantities shall provide estimated quantities for
the individual items of Works and Dayworks. The Employer may
include in the Bill of Quantities the Provisional Sums for payments
to Nominated Subcontractor(s) and for meeting other expenditures
under the Contract pursuant to GCC Sub Clause 80.
63.2 Except as otherwise stated in the Contract and notwithstanding any

other practice:
(a) measurement shall be made of the net actual quantity of each
item of the Permanent Works , and
(b) the method of measurement shall be in accordance with the
Bill of Quantities.
63.3 Items of works quantified in the Bill of Quantities for which no rates
or prices have been quoted shall be deemed covered by the
amounts at rates and prices of other items in the Contract and shall
not be separately paid for.
64. Changes in 64.1 A new rate or price for items included in the Bill of Quantities
the Quantities shall, however, be appropriate for an item of work if:
and Unit Rate (a) the final measured quantity of the work done for any
or Price particular item in the Bill of Quantities is increased or
decreased by more than twenty five (25) percent
from the quantity of this item in the Bill of Quantities;
(b) the cost resulting from such increase or decrease in
quantity of this particular item in the Bill of Quantities
multiplied by its specified rate or price is exceeded
by one (1) percent of the original Contract price;
(c) this particular item is not specified in the Contract as
a “fixed rate item”;
(d) this particular item is not specified in the Contract as
for which no rates or prices have been quoted and
deemed covered by the amounts at rates and prices
of other items in the Bill of Quantities stated under
GCC Sub Clause 63.3; and
64.2 The new rate or price for the particular item of work included in
the Bill of Quantities described under GCC Sub Clause 64.1
shall be adjusted by the Engineer from any relevant rates or
prices within the Contract by taking into consideration the
context and threshold of the Variation Order as stated under
GCC Clause 65.
65. Variations 65.1 The Employer may issue a Variation Order for Procurement of
Works and Physical services from the original Contractor to
cover any increase or decrease in quantities, including the
introduction of new work items that are either due to change of
plans, design or alignment to suit actual field conditions, within
the general scope and physical boundaries of this Contract .
65.2 The Employer may also issue an Extra Work Order to cover
the introduction of such new works necessary for the
completion, improvement or protection of the original works
Document1 57
which were not included in the original contract, on the grounds
where there are subsurface or latent physical conditions at the
site differing materially from those indicated in the contract, or
where there are duly unknown physical conditions at the site of
an unusual nature differing materially from those usually
encountered and generally recognized as inherent in the work
or character provided for in the Contract.
65.3 Variations as defined under GCC Sub Clause 1.1(tt) may be

initiated by the Engineer at any time prior to issuing the Taking-
Over certificate for the Works, either by an instruction or by a
request for the Contractor to submit a proposal.
65.4 Variations may include;

(a) changes to the quantities of any item of work included in
the Bill of Quantities as stated under GCC Sub Clause
64.1; not necessarily however, shall always constitute a
Variation until the algebraic summation of costs resulting
from such increases or decreases in quantities of
changing items included in the Bill of Quantities under the
Contract exceeds one (1) percent of the original Contract
price;
(b) changes to the quality and other characteristics of any
item of work;
(c) changes to the levels, positions and/or dimensions of any
part of the Works;
(d) omission of any work unless it is to be carried out by
others;
(e) any additional work, Plant, Materials or services
necessary for the Permanent Works, including any
associated testing, boreholes and other testing and
exploratory work; or
(f) changes to the sequence or timing of the execution of the
Works.
65.5 The Contractor, for any Variation or Extra Wok Order, shall
deliver a written notice within seven (7) calendar days of being
aware of the need for the Variation, giving full and detailed
particulars of any extra cost in order that it may be investigated
at that time, and failure to provide such notice shall constitute a
waiver by the Contractor for any subsequent claim.
65.6 The Contractor shall, under no circumstances, proceed to

commence the works under any Variation or Extra Work Order
unless it has been approved by the Approving Authority.
65.7 The Head of the Procuring Entity may, in exceptions to the GCC
Sub Clause 65.6, and subject to the availability of funds and to
his or her satisfaction, authorize the immediate start of work
under any Variation or Extra Work Order under any or all of the
following conditions -
(a) in the event of an extreme emergency where the carrying
out of the work is required urgently to avoid causing

damage to public services, or damage to life or property
or to both or to the Works itself; or
(b) when time is of the essence provided that,
i the cumulative increase in value of works under the
Contract not yet duly approved does not exceed ten
(10) percent of the adjusted original Contract price.
ii immediately after the start of work, the corresponding
Variation Order or Extra Work Order shall be
prepared and submitted for approval following due
procedures, and adhering to the time-line stated
under GCC Sub Clause 65.11.
65.8 Any cumulative Variation Orders or Extra Work Orders beyond
fifteen (15) percent of the original Contract price shall be the
subject of another separate contract to be tendered out
provided that the Works are separable from this Contract.
65.9 For a Variation or Extra Work Order for works justifiably
inseparable from this Contract involving a cumulative amount
beyond fifteen (15) percent of the original Contract price, no
work thereon shall be commenced unless the said Variation or
Extra Work Order has been approved by the Approving
Authority.
65.10 The Contractor shall not make any alteration and/or
modification of the Permanent Works, unless and until the
Engineer instructs or communicates such approvals of a
Variation or Extra work Order.
65.11 The time for processing of a Variation and an Extra Work Order
from its preparation to approval may not exceed thirty (30) days.
65.12 All Variations and Extra Work Orders under the Contract shall
be included in the updated Programme of Works produced by
the Contractor.
66. Costing of 66.1 The Contractor shall provide the Engineer with a quotation for
Variations or carrying out the Variation when requested to do so by the
Extra Orders Engineer. The Engineer shall assess the quotation, which shall
be given within seven (7) days of the request or within any
longer period stated by the Engineer and before the Variation
or Extra Work Order is ordered.
66.2 Items of works under Variation or Extra work Order are if exactly
the same or similar to those in the Bill of Quantities of the
original Contract, the applicable unit rates or prices of those
work items in the Bill of Quantities of the original Contract shall
be used for costing of those additional work items.
66.3 For new items of works that are not included in the Bill of
Quantities of the original Contract as stated under GCC Sub
Clause 65.1, the unit rates or prices of those new work items
shall be based on ;
(i) the direct unit costs used in the Bill of Quantities of original
Contract for other items (e.g. unit cost of cement, steel rebar,
formwork, labor rate, equipment rental, etc) as indicated in the
Document1 59
Contractor’s price breakdown of the cost estimate, if available;
or
(ii) fixed prices acceptable to both the Employer and the Contractor
based on market prices; or
(iii) the direct cost of the new work items based on (i) and (ii) above
shall then be combined with the mark-up factor (i.e. taxes,
overheads and profit) used by the Contractor in his or her
Tender to determine the unit rate or price of the new work item.
66.4 If the Contractor’s quotation is found to be unreasonable, the

Engineer may order the Variation and make a change to the
Contract price, which shall be based on the Engineer’s own
forecast of the effects of the Variation on the Contractor’s costs.
66.5 If the Engineer decides that the urgency of varying the work
would prevent a quotation being given and considered without
delaying the work, no quotation shall be given and the Variation
shall be treated as a Compensation Event under GCC Sub
Clause 72.
66.6 The Contractor shall not be entitled to additional payment for

costs that could have been avoided by giving early warning
67. Cash Flow 67.1 When the Programme of Works is updated under GCC Sub
Forecasts Clause 42.2, the Contractor shall provide the Engineer with an
updated cash flow forecast.
68. Payment 68.1 The basis for payment certificates shall be Bill of Quantities
Certificates used to determine the Contract price.
68.2 The Contractor shall submit to the Engineer monthly

statements of the estimated value of the works executed less
the cumulative amount certified previously.
68.3 The Engineer shall check the Contractor’s monthly statement

and certify the amount to be paid to the Contractor.
68.4 The value of work executed shall be determined by the

Engineer and shall comprise the value of the items of works
completed as per the unit rates or prices in the Bill of Quantities
including the priced Schedules, if any.
68.5 The value of work executed shall include the valuation of

Variations or Extra Work Orders, Certified Dayworks and
Compensation Events.
68.6 The Engineer may exclude any item certified in a previous

certificate or reduce the proportion of any item previously
certified in any certificate in the light of later information.
68.7 The Engineer may in any payment certificate make any

correction or modification that should properly be made to any
previous payment certificate.

68.8 The Engineer may withhold any payment certificates under the
Contract until the Programme of Works has been submitted by
the Contractor as stated under GCC Sub Clause 42.2.
68.9 The Engineer may also withhold the cost of rectification or

replacement until such rectification or replacement has been
completed, if any thing supplied or work done by the Contractor
is not in accordance with the Contract. Further, if the Contractor
is or was failing to perform any work or obligation in accordance
with the Contract, and had been so notified by the Engineer
earlier, the value of this work or obligation may be withheld until
the work or obligation has been performed.
69. Payments to 69.1 The Employer shall pay the Contractor the amounts certified by
the Contractor the Engineer within twenty eight (28) days of the date of each
certificate after due adjustments for deductions for advance
payments, retention and any other additions or deductions
which may have become due under the Contract or otherwise,
including those under GCC Clause 99.
69.2 Items of works quantified in the Bill of Quantities for which no

rates or prices have been quoted shall be deemed covered by
the amounts at rates and prices of other items in the Contract
as stated under GCC Sub Clause 63.3 and shall under no
circumstances be paid for, by the Employer.
69.3 Payments due to the Contractor in each certificate shall be

made into the Bank Account of the title of the Contract specified
in the PCC and nominated by the Contractor in the currency
specified in the Contract.
70. Delayed 70.1 If the Contractor does not receive payments as stated under
Payment GCC Sub Clause 69.1, the Contractor shall be entitled to
receive financing charges compounded monthly on the amount
unpaid during the period of delay. This period shall be deemed
to commence on the date due for payment specified in GCC
Sub Clause 69.1.
70.2 These financing charges shall be calculated at the annual rate

of interest as specified in the PCC.
70.3 If an amount certified is increased in a subsequent certificate

as a result of an award by an Arbitrator, the Contractor shall be
paid interest upon the delayed payment as set out in this
clause. Interest shall be calculated from the date upon which
the increased amount would have been certified in the absence
of dispute.
71. Payments to 71.1 The Contractor shall pay to the Nominated Subcontractor(s) the
Nominated amounts shown on the Nominated Subcontractor’s invoices
Subcontractor approved by the Contractor which the Engineer certifies to be
(s) due in accordance with the subcontract included under the
Contract.
72. Compensation 72.1 The following shall be Compensation Events:

Events
Document1 61
(a) The Employer does not give access to or possession of
the Site or part of the Site by the Site Possession Date
stated in the GCC Sub Clause 13.1;
(b) The Employer modifies the Schedule of other Contractors
in a way that affects the works of the Contractor under the
Contract;
(c) The Engineer orders a delay or does not issue Drawings,
Specifications, or instructions required for execution of the
Works on time;
(d) The Engineer instructs the Contractor to uncover or to
carry out additional tests upon work, which is then found
to have no Defects;
(e) The Engineer unreasonably does not approve a
subcontract to be let, if applicable;
(f) Ground conditions are substantially more adverse than
could reasonably have been assumed before issuance of
the Notification of Award from the information issued to
Tenderers (including the Site Investigation Reports), from
information available publicly and from a visual inspection
of the Site;
(g) The Engineer gives an instruction for dealing with an
unforeseen condition, caused by the Employer, or
additional work required for safety or other reasons;
(h) Other Contractors, public authorities, utilities, or the
Employer do not work within the dates and other
constraints stated in the Contract, and they cause delay or
extra cost to the Contractor;
(i) The advance payment is delayed;
(j) The effects on the Contractor of any of the Employer’s
Risks;
(k) The Engineer unreasonably delays issuing a Completion
Certificate;
(l) A situation of Force Majeure has occurred, as defined in
GCC Clause 88; and
(m) Other Compensation Events described in the Contract or
determined by the Engineer in the PCC shall apply.
72.2 If a Compensation Event would cause additional cost or would

prevent the work being completed before the Intended
Completion Date, the Contract price shall be increased and/or
the Intended Completion Date shall be extended. The Engineer
shall decide whether and by how much the Contract price shall
be increased and whether and by how much the Intended
Completion Date shall be extended, only on justifiably
acceptable grounds duly recorded.
72.3 As soon as the Contractor has provided information

demonstrating the effect of each Compensation Event upon the
Contractor’s forecast cost, the Engineer shall assess it, and the
Contract price shall be adjusted accordingly. If the Contractor’s
forecast is deemed unreasonable, the Engineer shall adjust the

Contract price based on the Engineer’s own forecast. The
Engineer will assume that the Contractor will react competently
and promptly to the event.
72.4 The Contractor shall not be entitled to compensation to the

extent that the Employer’s interests are adversely affected by
the Contractor not having given early warning or not having
cooperated with the Engineer.
73. Adjustments 73.1 Unless otherwise specified in the Contract, if between the date
for Changes in twenty-eight (28) days before the submission of Tenders for the
Legislation Contract and the date of the last Completion Certificate, any
law, regulation, ordinance, order or bylaw having the force of
law is enacted, promulgated, abrogated, or changed in
Bangladesh (which shall be deemed to include any change in
interpretation or application by the competent authorities) that
subsequently affects the Completion Date and/or the Contract
price, then such Completion Date and/or Contract price shall be
correspondingly increased or decreased, to the extent that the
Contractor has thereby been affected in the performance of any
of its obligations under the Contract.
73.2 The Engineer shall adjust the Contract Price on the basis of the
change in the amount of taxes, duties, and other levies payable
by the Contractor, provided such changes have not already
been accounted for in the price adjustment as defined in GCC
Clause 74 and/or reflected in the Contract price.
74. Price 74.1 Prices shall be adjusted for fluctuations in the cost of inputs only
Adjustment if provided for in the PCC. If so provided, the amounts as
certified in each payment certificate, before deducting for
Advance Payment, shall be adjusted by applying the respective
price adjustment factor to the payment amount. The generic
formula indicated below in the form as specified in the PCC
applies:
P= A + B (Im/Io)
where:
P is the adjustment factor
A and B are Coefficients specified in the PCC,
representing the nonadjustable and adjustable portions,
respectively, of the Contract; and
Im is the Index during the month the work has been
executed and Io is the Index prevailing twenty eight (28)
days prior to the deadline for submission of Tender.
The Indexes to be used is as published by the Bangladesh
Bureau of Statistics (BBS) on a monthly basis. In case not
available, then other countries or authorities of the sources
mentioned in Appendix to the Tender may be used.
74.2 If the value of the Index is changed after it has been used in a
calculation, the calculation shall be corrected and an
adjustment made in the next or in the final payment certificate.
Document1 63
The Index value shall be deemed to take account of all
changes in price due to fluctuations.
75. Retention 75.1 The Employer shall retain from each progressive payment
Money due to the Contractor at the percentage specified in the PCC
until completion of the whole of the Works under the Contract.
75.2 On completion of the whole of the Works, the first half the total
amount retained under GCC Sub Clause 75.1 shall be repaid
to the Contractor and the remaining second half after the
Defects Liability Period has passed and the Engineer has
certified in the form of Defects Corrections Certificate as
stated under GCC Sub Clause 60.5 that all Defects notified by
the Engineer to the Contractor before the end of this period
have been corrected.
75.3 On completion of the whole of the Works, the Contractor may
substitute an unconditional Bank Guarantee an internationally
reputable Bank which has a correspondent Bank located in
Bangladesh in the format as specified (Form PW5-11)
acceptable to the Employer for the second half of the retention
money as stated under GCC Sub Clause 75.2.
75.4 Deductions of Retention Money shall be applicable in this
Contract, if no advance payment has been made to the
Contractor and in such case, the provisions under GCC Sub
Clauses 79.1 and 79.2 shall be applied.
75.5 If the provision of Retention Money is not included in this
Contract these Sub Clauses shall not apply except the
relevant ones.
76. Liquidated 76.1 The Contractor shall be liable to pay Liquidated Damages or
Damages in other words the Delay Damages to the Employer at the rate
per day as specified in the PCC for each day of delay from the
Intended Completion Date, for the uncompleted Works or for
any part thereof.
76.2 The total amount of Liquidated Damages shall not exceed the
amount defined in the PCC.
76.3 Once the cumulative amount of Liquidated Damages reaches

ten (10) percent of the Contract price, the Employer may
rescind the Contract, without prejudice to other courses of
action and remedies open to it.
76.4 The amount of Liquidated Damages may be deducted from

any money due or which may become due to the Contractor
under the Contract and/or collect such amount of Liquidated
Damages from the Retention Money (if any) or other securities
posted by the Contractor whichever is convenient to the
Employer.
76.5 Payment of Liquidated Damages by the Contractor shall not

relieve the Contractor from its obligations.
76.6 If the Intended Completion Date is extended after Liquidated

Damages have been paid, the Engineer shall correct any

overpayment of Liquidated Damages by the Contractor by
adjusting the next payment certificate.
77. Bonus 77.1 The Contractor shall be paid a Bonus calculated at the rate
per calendar day if stated in the PCC for each day (less any
days for which the Contractor is paid for acceleration) that the
Completion of the whole of the Works is earlier than the
Intended Completion Date. The Engineer shall require
certifying that the Works are complete, although they may not
have fallen due to being complete as per approved updated
Programme of Works.
78. Advance 78.1 The Employer shall make advance payment, if so specified in
Payment the PCC, to the Contractor in the amounts and by the dates
specified in the PCC against an Unconditional Bank
Guarantee issued by an internationally reputable Bank which
has a correspondent Bank located in Bangladesh in the format
as specified (Form PW5-10) and acceptable to the Employer,
of an amount equal to the advance payment.
78.2 The Guarantee stated under GCC Sub Clause 78.1 shall
remain effective until the advance payment has been repaid
by the Contractor, but the amount of the Guarantee shall be
progressively reduced by the amounts repaid. No interest will
be charged on the advance payment made.
78.3 The Contractor shall use the advance payment only to pay for
Equipment, Plant, Materials, and mobilization expenses
required specifically for execution of the Contract. The
Contractor shall demonstrate that advance payment has been
used for such specific purposes by supplying copies of
invoices or other documents to the Engineer.
78.4 The advance payment shall be repaid by deducting at

proportionate rate from payments otherwise due to the
Contractor, based on percentages of actually completed
Works as specified in the PCC.
78.5 Advance payment or its repayment shall not be taken into

account in assessing Valuation of work done, Variations or
Extra Work Order, Price Adjustments, Compensation Events,
Bonuses or Liquidated Damages.
78.6 If the repayment of advance payment by the Contractor has

not been completed by twenty eight (28) days prior to the
expiry date of the Guarantee stated under GCC Sub Clause
78.2, the Contractor shall correspondingly extend the validity
of the Guarantee for a period so long the advance payment
has been fully repaid.
78.7 If the provision of advance payment is not included in this

Contract these Sub Clauses shall not apply.
79. Performance 79.1 Without limitation to provisions of any of these Sub Clauses,
Security whenever the Engineer determines an addition or a reduction
to the Contract price as a result of change in cost and/or
legislation or a result of Variation or Extra Work Order
Document1 65
amounting to more than fifteen (15) percent of the original
Contract price, the Contractor shall at the Engineer’s request
promptly increase, or may decrease, as the case may be, the
amount of the Performance Security furnished at the time of
signing of the Contract Agreement by an equal percentage.
79.2 The Performance Security furnished at the time of signing of

the Contract Agreement or as determined under GCC Sub
Clause 79.1, shall be substituted by a new Security covering
fifty (50) percent of the amount of the Performance Security to
cover the Defects Liability Period.
79.3 The amount of the new Security under GCC Sub Clause 79.1
to be provided by the Contractor shall be calculated based on
the final Contract Price and shall cover twenty eight (28) days
beyond the Defects Liability Period.
79.4 The Employer shall notify the Contractor of any claim made
against the Bank issuing the Performance Security.
79.5 The Employer may claim against the security if any of the
following events occurs for fourteen (14) days or more.
(a) The Contractor is in breach of the Contract and the
Employer has duly notified him or her ; and
(b) The Contractor has not paid an amount due to the
Employer and the Employer has duly notified him or her.
79.6 In the event the Contractor is liable to pay compensation under

the Contract amounting to the full value of the Performance
Security or more, the Employer may call the full amount of the
Performance Security.
79.7 The Employer shall not make any claim under the
Performance Security, except for amounts to which the
Employer is entitled under the Contract.
79.8 If there is no reason to call the Performance Security, the

Performance Security shall be discharged by the Employer
and returned to the Contractor not later than twenty-eight (28)
days following the date of issuance of Defects Correction
Certificate of Works by the Engineer as stated under GCC
Sub Clause 60.5 or as otherwise specified in the Contract.
80. Provisional 80.1 Provisional Sums shall only be used, in whole or in part, in
Sums accordance with the Engineer’s instructions and the Contract
price shall be adjusted accordingly. The total sum paid to the
Contractor shall include only such amounts, for the work,
supplies or services to which the Provisional Sum relates, as
the Engineer shall have instructed.
80.2 Plants, Materials or Services to be purchased by the

Contractor under the provisions of GCC Sub Clause 80.1 from
Nominated Subcontractor(s) or for meeting the other
expenditures under the Contract, and for which there shall be
included in the Contract price, the actual amounts paid or due
to be paid by the Contractor, and a sum for VAT, profit and

overhead charges, as applicable, calculated as a percentage
of these actual amounts by applying the relevant percentage
rate as specified in the PCC.
80.3 The Contractor shall, when required by the Engineer, produce

quotations, invoices, vouchers and accounts or receipts in
substantiation of purchases under GCC Sub Clause 80.2.
81. Dayworks 81.1 If applicable, the Dayworks rates in the Contractor’s Tender
shall be used for small additional amounts of work only when
the Engineer has given written instructions in advance for
additional work to be paid for in that way.
81.2 All works to be paid for as Dayworks shall be recorded by the

Contractor on forms approved by the Engineer. Each
completed form shall be certified and signed by the Engineer
within seven (7) days of the works being done.
81.3 The Contractor shall be paid for Dayworks subject to obtaining

signed Dayworks forms.
81.4 If Dayworks is not included in this Contract these Sub Clauses

shall not apply.
82. Cost of 82.1 Loss or damage to the Works or Materials to be incorporated

Repairs to in the Works between the Start Date and the end of the
Loss or Defects Liability Period shall be remedied by the Contractor at
Damages the Contractor’s own cost, if the loss or damage arises from
the Contractor’s acts or omissions.
E. Completion of the Contract

83. Completion 83.1 The Contractor shall apply by notice to the Engineer for issuing
a Completion Certificate of the Works, and the Engineer shall
do so upon deciding that the work is completed.
84. Completion 84.1 The Engineer shall, within twenty eight(28) days after
Certificate and receiving the Contractor’s application stated under GCC Sub
Taking Over Clause 83.1:
(a) issue the Completion Certificate to the Contractor,
stating the date on which the Works or part thereof
were completed in accordance with the Contract,
except for any minor outstanding work and defects
which may not substantially affect the use of the Works
or part thereof for their intended purpose (either until
or whilst this work is completed and these defects are
remedied); or
(b) reject the application, giving reasons and specifying the
work required to be done by the Contractor to enable
the Completion Certificate to be issued. The Contractor
shall then complete this work before issuing a further
notice under this Sub Clause.
84.2 If the Engineer fails either to issue the Completion Certificate

or to reject the Contractor’s application within the period of
twenty eight (28) days, and if the Works or parts thereof, as
Document1 67
the case may be, are substantially in accordance with the
Contract, the Completion Certificate shall be deemed to have
been issued on the last day of that period.
84.3 The Employer shall Take-Over the Site and the Works within
seven (7) days of the Engineer issuing a Completion
Certificate under GCC Sub Clause 84.1.
85. Amendment to 85.1 The amendment to Contract shall generally include extension
Contract of time to the Intended Completion Date, increase or decrease
in original Contract price and any other changes duly
approved under the conditions of the Contract.
85.2 The Employer contracting, shall amend the Contract

incorporating the required approved changes subsequently
introduced to the original terms and conditions of the Contract
in line with the Rules, including prior review, where necessary.
86. Final Account 86.1 The Contractor shall submit with a detailed account of the total
amount that the Contractor considers payable under the
Contract to the Engineer before the end of the Defects Liability
Period.
86.2 The Engineer shall certify the Final Payment within fifty six
(56) days of receiving the Contractor’s account if the payable
amount claimed by the Contractor is correct and the
corresponding works are completed.
86.3 If it is not, the Engineer shall issue within fifty six (56) days a
Defects Liability Schedule under GCC Sub Clause 60.1 that
states the scope of the corrections or additions that are
necessary.
86.4 If the Final Account of Works submitted under GCC Sub

Clause 86.1 is unsatisfactory even after it has been
resubmitted, the Engineer shall decide on the amount payable
to the Contractor and issue a payment certificate.
87. As-built 87.1 If “As Built” Drawings and/or operating and maintenance
Drawings and manuals are required, the Contractor shall supply them by the
Manuals dates stated in the PCC.
87.2 If the Contractor does not supply the Drawings and/or Manuals
by the dates specified in GCC Sub Clause 87.1, or they do not
receive the Engineer’s approval, the Engineer shall withhold a
nominal amount specified in the PCC from payments due to
the Contractor.
88. Force Majeure 88.1 Force Majeure may include, but is not limited to, exceptional
events or circumstances of the kind stated below;
(a) war, hostilities (whether war be declared or not),
invasion, act of foreign enemies ;
(b) rebellion, terrorism, sabotage by persons other than the
Contractor’s personnel, revolution, insurrection, military
or usurped power, or civil war ;

(c) riot, commotion, disorder, strike or lockout by persons
other than the Contractor’s personnel ;
(d) munitions of war, explosive materials, ionising radiation
or contamination by radio-activity, except as may be
attributable to the Contractor’s use of such munitions,
explosives, radiation or radio-activity ;
(e) acts of the Government in its sovereign capacity and
(f) natural catastrophes such as fires, floods, epidemics,
quarantine restrictions, freight embargoes, cyclone,
hurricane, typhoon, tsunami, storm surge, earthquake,
hill slides, landslides, and volcanic activities.
89. Notice of 89.1 If a party is or will be prevented from performing its substantial
Force Majeure obligations under the Contract by Force Majeure, then it shall
give notice to the other party of the event or circumstances
constituting the Force Majeure and shall specify the
obligations, the performance of which is or will be prevented.
89.2 The notice under GCC Sub Clause 89.1 shall be given within
fourteen (14) days after the party became aware, or should
have become aware, of the relevant event or circumstance
constituting Force Majeure.
89.3 The party shall, having given notice, be relieved from

performance of its obligations for so long as such Force
Majeure prevents it from performing the works.
89.4 Notwithstanding any other provision of this Clause, Force

Majeure shall not apply to obligations of either party to make
payments to the other party under the Contract.
90. Duty to 90.1 Each party shall at all times use all reasonable endeavors to
Minimize minimize any delay in the performance of the Contract as a
Delay result of Force Majeure.
90.2 A party shall give notice to the other party when it ceases to
be affected by the Force Majeure.
91. 91.1 If the Contractor is prevented from performing its substantial

Consequence obligations under the Contract by Force Majeure of which
s of Force notice has been given under GCC Sub Clause 89, and suffers
Majeure delay and/or incurs cost by reason of such Force Majeure, the
Contractor shall be entitled subject to GCC Sub Clause 99 to:
(a) an extension of time for any such delay, if completion is
(b) if the event or circumstance is of the kind described sub-
paragraphs (a) to (e) of GCC Sub Clause 88.1 and, in
the case of sub-paragraphs (b) to (e), occurs in the
Country, payment of any such cost, including the costs
of rectifying or replacing the Works and Physical
services damaged or destructed by Force Majeure, to
the extent they are not indemnified through the
insurance policy referred to in GCC Clause 37.
Document1 69
91.2 After receiving notice under GCC Sub Clause 89.2, the
Engineer shall proceed to determine these matters under the
provisions of the Contract.
92. Force Majeure 92.1 If any Subcontractor is entitled under any contract or
Affecting agreement relating to the Works to relief from Force Majeure
Subcontractor on terms additional to or broader than those specified in this
Clause, such additional or broader Force Majeure events or
circumstances shall not be relieved of the Contractor’s non-
performance or entitle him or her to relief under this Clause.
93. Optional 93.1 If the execution of substantially all the Works in progress is
Termination, prevented for a continuous period of eighty four (84) days by
and Release reason of Force Majeure of which notice has been given under
GCC Sub Clause 89, or for multiple periods which total more
than one hundred forty (140) days due to the same notified
Force Majeure, then either party may give to the other party a
notice of termination of the Contract. In this event, the
termination shall take effect seven (7) days after the notice is
given, and the Contractor shall proceed to cessation of Works
and removal of Contractor’s Equipment from Site.
94. Release from 94.1 Notwithstanding any other provision of this Clause, if any
Performance event or circumstance outside the control of the parties
(including, but not limited to, Force Majeure) arises which
makes it impossible or unlawful for either or both parties to
fulfil its or their contractual obligations or which, under the law
governing the Contract, entitles the parties to be released from
further performance of the Contract, then upon notice by either
party to the other party of such event or circumstance:
(a) the parties shall be discharged from further
performance, without prejudice to the rights of either
party in respect of any previous breach of the Contract,
and
(b) the sum payable by the Employer to the Contractor shall
be the same as would have been payable under GCC
Sub Clause 96.3 if the Contract had been terminated
F. Termination and Settlement of Disputes

95. Termination 95.1 Termination for Default
(a) The Employer or the Contractor, without prejudice to any
other remedy for breach of Contract, by giving twenty
eight (28) days written notice of default to the other party,
may terminate the Contract in whole or in part if the other
party causes a fundamental breach of Contract.
(b) Fundamental breaches of the Contract shall include,
but shall not be limited to, the following:
(i) the Contractor stops work for twenty-eight (28)
days when no stoppage of work is shown on the

current Programme and the stoppage has not been
authorized by the Engineer;
(ii) the Engineer instructs the Contractor to delay the
progress of the Works, and the instruction is not
withdrawn within twenty-eight (28) days;
(iii) the Engineer gives Notice that failure to correct a
particular Defect is a fundamental breach of
Contract and the Contractor fails to correct it within
a reasonable period of time determined by the
Engineer;
(iv) the Engineer gives Notice that the failure to achieve
the progress in accordance with the updated
Programme of Works by the Contractor is a non-
fulfilment of contractual obligations and the
Contractor fails to restore it within a reasonable
period of time instructed by the Engineer;
(v) the Contractor does not maintain a Security, which
is required;
(vi) the Contractor has delayed the completion of the
Works by the number of days for which the
maximum amount of Liquidated Damages can be
paid, as specified in GCC Sub Clause 76;
(vii) the Contractor has subcontracted the whole of the
Works or has assigned the Contract without the
required agreement and without the approval of the
Engineer;
(viii) the Contractor, in the judgment of the Employer
has engaged in practices, as defined in GCC Sub
Clause 39, in competing for or in executing the
Contract.
(c) A payment certified by the Engineer is not paid by the
Employer to the Contractor within twenty eight (28)
days of the date of the Engineer’s certificate.
95.2 Termination for Insolvency
The Employer and the Contractor may at any time terminate
the Contract by giving twenty eight (28) days written notice
to the other party if either of the party becomes bankrupt or
otherwise insolvent. In such event, termination will be
without compensation to any party, provided that such
termination will not prejudice or affect any right of action or
remedy that has accrued or will accrue thereafter to the
other party.
95.3 Termination for Convenience

(a) The Employer, by giving twenty eight (28) days written
notice sent to the Contractor, may terminate the
Contract, in whole or in part, at any time for its
convenience. The notice of termination shall specify
that termination is for the Employer’s convenience, the
extent to which performance of the Contractor under
the Contract is terminated, and the date upon which
Document1 71
such termination becomes effective. The termination
shall take effect twenty eight (28) days after the later
dates on which the Contractor receives this notice or
the Employer returns the Performance Security.
(b) The Employer shall not terminate the contract under
GCC Sub Clause 95.3 (a) in order to execute the Works
itself or to arrange for the Works to be executed by
another contractor or to avoid a termination of the
Contract by the Contractor as stated under GCC Sub
Clause 95.1(a).
95.4 In the event the Employer terminates the Contract in whole or
in part, the Employer shall accept the portion of the Works that
are complete and ready for handing over after the Contractor’s
receipt of notice of termination of the Contract. For the
remaining portion of the Works, the Employer may elect:
(a) to have any portion completed by the Contractor at the
Contract terms and prices; and /or
(b) to cancel the remainder and pay to the Contractor an
agreed amount for partially completed Works and for
materials and parts previously procured by the
Contractor, or
(c) except in the case of termination for convenience as
stated under GCC Sub Clause 95.3 (b), engage
another Contractor to complete the Works, and in that
case the Contractor shall be liable to the Employer for
any cost that may be incurred in excess of the sum
that would have been paid to the Contractor, if the
work would have been executed and completed by
him or her.
95.5 If the Contract is terminated, the Contractor shall stop work

immediately, make the Site safe and secure, and leave the
Site as soon as is reasonably possible
96. Payment upon 96.1 If the Contract is terminated because of a fundamental

Termination breach of Contract under GCC Sub Clause 95.1 by the
Contractor, the Engineer shall issue a certificate for the
value of the Works done and Plant and Materials ordered
less advance payments received up to the date of the issue
of the certificate and less the amount from percentage to
apply to the contract value of the works not completed, as
indicated in the PCC. If the total amount due to the Employer
exceeds any payment due to the Contractor, the difference
shall be a debt payable to the Employer.
96.2 If the Contract is terminated for the Employer’s convenience

or because of a fundamental breach of Contract by the
Employer, the Engineer shall issue a payment certificate for
the value of the work done, Materials ordered, the
reasonable cost of removal of Equipment, repatriation of the
Contractor’s foreign personnel employed solely on the
Works and recruited specifically for the Works, and the
Contractor’s costs of protecting and securing the Works,

and less advance payments received up to the date of the
certificate.
96.3 If the Contract is terminated for reasons of Force Majeure, the
Engineer shall determine the value of the work done and
issue a Payment Certificate which shall include:
(a) the amounts payable for any work carried out for
which unit rates or prices are stated in the Contract;
(b) the cost of Plant and Materials ordered for the Works
which have been delivered to the Contractor, or of
which the Contractor is liable to accept delivery: this
Plant and Materials shall become the property of
(and be at the risk of) the Employer when paid for by
the Employer, and the Contractor shall place the
same at the Employer’s disposal;
(c) other costs or liabilities which in the circumstances
were reasonably and necessarily incurred by the
Contractor in the expectation of completing the
Works;
(d) the cost of removal of Temporary Works and
Contractor’s Equipment from the Site; and
(e) the cost of repatriation of the Contractor’s staff and
labor employed wholly in connection with the Works
at the date of termination.
97. Property 97.1 All Materials on the Site, Plant, Equipment, Temporary
Works, and Works shall be deemed to be the property of the
Employer if the Contract is terminated because of the
Contractor’s default stated under GCC Sub Clause 93.1.
98. Frustration 98.1 If the Contract is frustrated by the occurrence of a situation

of Force Majeure as defined in GCC Sub Clause 88, the
Engineer shall certify that the Contract has been frustrated.
The Contractor shall make the Site safe and stop work as
quickly as possible after receiving this certificate and shall
be paid for all works carried out before receiving it and for
any work carried out afterwards to which a commitment was
made.
G. Claims, Disputes and Arbitration

99. Contractor’s 99.1 If the Contractor considers himself to be entitled to any
Claims extension of the Completion Time and/or any additional
payment, under any Clause of these Conditions or
otherwise in connection with the Contract, the Contractor
shall give notice to the Employer, describing the event or
circumstance giving rise to the claim. The notice shall be
given as soon as practicable, and not later than twenty eight
(28) days after the Contractor became aware, or should
have become aware, of the event or circumstance.
Document1 73
99.2 If the Contractor fails to give notice of a claim within such
period of twenty eight (28) days, the Intended Completion
Date shall not be extended, the Contractor shall not be
entitled to additional payment, and the Employer shall be
discharged from all liability in connection with the claim.
99.3 Within forty two (42) days after the Contractor became
aware or should have become aware of the event or
circumstance giving rise to the claim, or within such other
period as may be proposed by the Contractor and approved
by the Engineer, the Contractor shall send to the Engineer
a fully detailed claim which includes full supporting
particulars of the basis of the claim and of the extension of
time and/or additional payment claimed, for settlement.
Amicable settlement
100. Settlement of
Disputes
100.1 The Employer and the Contractor shall make every effort to
resolve amicably by direct informal negotiation any
disagreement or dispute arising between them under or in
connection with the Contract.
Arbitration
100.2 If, after twenty-eight (28) days, the parties have failed to resolve
their dispute or difference by such mutual consultation as stated
under GCC Clause 100.1, then either the Employer or the
Contractor may give notice to the other party of its intention to
commence arbitration in accordance with GCC Sub Clause
100.3, as to the matter in dispute, and no arbitration in respect
of this matter may be commenced unless such notice is given.
Any dispute or difference in respect of which a notice of intention
to commence arbitration has been given in accordance with this
Clause shall be finally settled by arbitration.
100.3 Arbitration shall be commenced prior to or after execution of the

Works under the Contract. Arbitration proceedings shall be
conducted in accordance with the rules of procedure specified
in the PCC.
100.4 Notwithstanding any reference to arbitration hereinabove the

parties shall continue to perform their respective responsibilities
under the Contract unless agreed otherwise and, the Employer
shall pay any monies due to the Contractor.

Section 4. Particular Conditions of Contract
Instructions for completing the Particular Conditions of Contract are provided in italics in parenthesis
for the relevant GCC Clauses.
Amendments of, and Supplements to, Clauses in the General Conditions of

GCC Clause
Contract
GCC 1.1(k) The Contractor is

[Name, address, and name of authorized representative]
GCC 1.1(hh) The Employer is

GCC 1.1(ii) The Engineer is
Document1 75
[usually a civil works contract designating the project Consultant as “Engineer” requires the
written approval of the “Employer”]
GCC 1.1 (dd) The original Contract price is [insert the amount in the NOA]
GCC 1.1(aa) The Intended Completion Date for the whole of the Works shall be [insert date]
[to be calculated from the Commencement Date]
GCC 1.1(ll) The Site is located at [location] and is defined in drawings No:
[insert numbers]
GCC 1.1(qq) The Start Date shall be [insert date ]
[it is the last date when the Contractor shall commence execution of the Works under the
Contract reasonably immediately after the Commencement Date; refer to GCC Clause 40]
GCC 1.1(uu) The Works consist of
[state brief summary, including relationship to other Contracts under the Project]
GCC 2.5 The Sectional Completion Dates are:
[state part of the works and the corresponding dates, if applicable]
GCC 3.1 The Employer’s address for the purpose of communications under this contract is :
Contact person:
Address:
Tel:
Fax:
e-mail address:
The Contractor’s address for the purpose of communications under this contract is :
Contact person:
Address:
Tel:
Fax:
e-mail address:
GCC 6.1 (j) Other documents forming part of the Contract are;

[list other documents viz. Schedule of other contractors, Schedule of Key Personnel, Site
Investigation Reports, relevant correspondences prior to signing of the Contract agreement etc.]
GCC 9.1 A Contractor or a Subcontractor that is a national of, or registered in, the following
countries are not eligible:
[state countries, if applicable]
GCC 9.2 Materials, Equipments Plants and supplies shall not have their origin in the following
countries:
[state countries, if applicable]
GCC 13.1 Possession of the Site or part(s) of the Site, to the Contractor shall be given on the
following date(s);
[state date or dates of possession of site]
GCC 19.1 Following Key Personnel to carry out the functions stated in the Schedule shall be
employed by the Contractor;
[insert name(s)]
GCC 21.1 Nominated Subcontractor(s) named below;
____[insert name(s)]___________________________________________
shall be entitled to execute the following specific components of the Works
[state none ,if not applicable]
GCC 23.1 The Contractual matters between the Employer and the Contractor shall be decided
by
[state only if other than the Engineer]
GCC 37.1 The minimum insurance cover shall be:
(a) The maximum deductible for insurance of the Works and of Plant and
BangladeshTaka
Materials is USD/GBP/EU R/JPY/BDT [insert amount] and/or
[insert amount]
[the Contractor shall provide this amount at the time of Contract signing].
(b) The minimum cover for insurance of the Works and of Plant and Materials in
respect of the Contractor’s faulty design is USD/GBP/EU R/JPY/BDT [insert
BangladeshTaka
amount] [insert amount].
[the amount could be 110% of the value of the works, plant and materials that may be lost
in a worst case scenario].
Document1 77
(c) The maximum deductible for insurance of Equipment is USD/GBP/EU R/JPY/BDT
BangladeshTaka
[insert amount] [insert amount].
[the Contractor shall provide this amount at the time of Contract signing]
(d) The minimum cover for loss or damage to Equipment is USD/GBP/EU R/JPY/BDT
BangladeshTaka
[the amount could be 110% of the replacement value of the equipment]
(e) The maximum deductible for insurance of other property is USD/GBP/EU R/JPY/BDT
BangladeshTaka
[the Contractor shall state this amount at the time of Contract signing]
(f) The minimum cover for insurance of other property is USD/GBP/EU R/JPY/BDT
BangladeshTaka
[it is the responsibility of the Contractor to obtain adequate insurance cover for such risks –
recommended value 10% of contract price]
(g) The minimum cover for personal injury or death insurance:

(i) for the Contractor’s employees is as per the law and common practice in
Bangladesh.
(ii) and for third parties is as per the law and common practice in Bangladesh.
GCC 40.1
Commencement Date of Works shall be as follows;
[insert different commencement dates for different parts of the Works, if deemed appropriate]
GCC 42.1 The Contractor shall submit a Programme for the Works within [insert days] days of
signing the Contract.
[usually fifteen (15) days]
GCC 42.2 The period between Programme updates is [state interval]
[usually bi-monthly or quarterly depending on the nature of the Works]
GCC 42.3 The amount to be withheld for late submission of an updated Programme is
BangladeshTaka
USD/GBP/EU R/JPY/BDT [insert amount ] [insert amount]
GCC 60.2 The Defects Liability Period is [state months]

[usually Defect Liability Period is twelve (12) months to cover at least one complete monsoon
season]
GCC 62.1 The Contract Price is USD/GBP/EU R/JPY [insert amount] and/or
BDT
[insert
amount]
[amount shall be the same as stated in the NOA; Form PW5-7]
GCC 69.3 The particulars of the Bank Account nominated are as follows :
Title of the Account : [insert title to whom the Contract awarded]

Name of the Bank : [insert name with code, if any]
Name of the Branch : [insert branch name with code ,if any]
Account Number : [insert number]
Address : [insert location with district]
Tel :
Fax :
e-mail address :
[information furnished by the Contractor shall be substantiated by the concerned Bank and
authenticated by the Employer]
GCC 70.2 The Contractor shall be entitled to receive financing charges for delayed payment
during the period of delay at the annual rate of interest of [insert rate] ;
[usually London Inter Bank Offered Rate (LIBOR) plus 2 percent]
GCC 72.1(m) The following additional events shall also be the Compensation Events:
[list events or state none ]
GCC 74.1 The Contract is not subject to price adjustment.

OR
Document1 79
The Contract is subject to price adjustment applying the following formulae and the
weightings or coefficients :
[Price Adjustment Formulae to be applicable if stated under ITT Sub Clause 27.10 shall be specified
here]
Example:
P= A + a (Lm/Lo)+ b (BIm/BIo)+ c (CEm/CEo)+ d (RSm/RSo)+ e (STm/STo)+ f (BRm/BRo)+g (MIm/MIo)
+ h (FUm/FUo)+ etc
where;
L= Labor, BI=Bitumen, CE=Cement, RS=Reinforcing Steel, ST=Stone, BR=Bricks, MI=Miscellaneous,
FU= Fuel ]
Weighting or Coefficient A equals between 0.10 and 0.15 and, B (a+b+c+d+e+f+g+h+etc) equals
between 0.90 and 0.85.
[insert figure] non-adjustable component (coefficient A)

[insert figure] adjustable component (coefficient B)
[The sum of A+B shall equal ONE (1). It is usual to have value of A between 0.10 and 0.15 and
that of B between 0.90 and 0.85. Breakdown of B shall be provided in Appendix to the Tender.]
GCC 75.1 The proportion of payments to be retained is [insert percent] percent.

[state “none’ if not applicable. If applicable then the proportion of Retention Money shall be equal
to the percentage-shortfall of ten (10) percent of Performance Security determined at the time of
signing the Contract. Again in case of unbalanced Tender or because of front loading, provision
for Retention Money shall not be applicable]
GCC 76.1 The amount of Liquidated Damages or in other words Delay Damages for the
uncompleted Works or any part thereof is [insert percentage] percent of its Contract
price per day of delay.
[usually the percent-rate of liquidated damages is set at between 0.05 and 0.10 of ONE (1) percent of
its Contract price per day of delay]
Guide to application of GCC Sub Clause 76.1 above

[ Liquidated damages is equivalent to an amount to be determined in accordance with the
following formula
T LD = VUW x Px n
Where;
T LD = Total amount of Liquidated Damages
VUW = Value of Uncompleted Works (i.e. works not having been completed as of the expiry of
the Intended Completion Date plus the works completed after the expiry of the
Intended Completion Date). VUW shall be calculated by deducting the value of the
completed works under the Contract from the total Contract price
P = Percent-rate at which the Liquidated Damages shall be imposed for every day of delay
n = No of days of delay for completion of works under the Contract]
GCC 76.2 The maximum amount of Liquidated Damages for the uncompleted Works or any
part thereof is [insert percentage] percent of the final Contract price of the whole of the
Works.
[ usually the total amount of liquidated damages shall not exceed ten (10) percent of the final Contract
price for the whole of the Works]

GCC 77.1 The Bonus for the whole of the Works is [insert percentage] percent of the final Contract
price per day.
The maximum amount of Bonus for the whole of the Works is [insert percentage]
percent of the final Contract price.
[if early completion would provide benefits to the Employer, this clause should remain, otherwise
state “Not Applicable”. The bonus is usually numerically equal to the Liquidated Damages]
GCC 78.1 The Advance Payment shall be USD/GBP/EU R/JPY/BDT [insert amount] and/or
BangladeshTaka
[insert amount] and, shall be paid to the Contractor not later than [insert
date].
[for 100 percent GoB funded procurement, advance payments are not recommended unless
otherwise specifically decided by the Government. An advance payment, if admissible, shall be
made for mobilisation, considering the nature of the works. The recommended maximum advance
payment is ten (10) percent of the original Contract price against an unconditional Bank Guarantee
(Form PW5-10). On the contrary, advance payments may be applicable for procurements under
aided projects]
GCC 78.4 Repayment of Advance Payment shall be at the rate of [insert percentage] from the
progressive payments of invoices.
[Advance Payment is to be repaid in pro rata instalments starting with the month
when twenty (20) percent of the value of the Contract has been certified and shall be
completely reimbursed to the Employer by the time the certified completion is eighty
(80) percent of the Contract price]
GCC 80.2 The percentage for adjustment of Provisional Sums is
____% (_________percent)
[state none, if not applicable. Usually covers the VAT, profit and overhead costs]
GCC 87.1 The date by which “as-built” drawings are required is [insert date]
The date by which operating and maintenance manuals are required is [insert date]
GCC 87.2 The amount to be withheld for failing to produce “as-built” drawings and/or operating
and maintenance manuals by the date required is USD/GBP/EU R/JPY/BDT [insert amount]
BangladeshTaka
and/or [insert amount].
[usually a very nominal amount]
GCC 96.1 The percentage to apply to the contract value of the works not completed,
representing the Employer’s additional cost for completing the uncompleted Works,
is [state percentage] percent.
Document1 81
[ usually between ten (10) to twenty (20) percent depending on the nature of the Works]
The rules of procedure for arbitration proceedings shall be as follows:
GCC 100.3
(i) In the case of a dispute between the Employer and the foreign Contractor, [insert
any of the following options]
Any dispute, controversy or claim arising out of or relating to this Contract, or

breach, termination or invalidity thereof, shall be settled by arbitration in
accordance with the United Nations Commission on International Trade Law
(UNCITRAL) Arbitration Rules of 1976 as at present in force.
OR
All disputes arising in connection with the present Contract shall be finally settled
under the Rules of Conciliation and Arbitration of the International Chamber
of Commerce by one or more arbitrators in accordance with the said rules.
(ii) In the case of a dispute between the Employer and the national Contractor, in
particular, the arbitration shall be conducted in accordance with the
Arbitration Act (Act No 1 of 2001) of Bangladesh as at present in force and
in the place [state name of place with location and district].

Appendix to the Tender
[In Tables below, the Procuring Entity shall indicate the source and base
values with dates of Indexes, unless otherwise instructed to be quoted by
the Tenderer, for the different Cost Components and mention its
Weightings or Coefficients]
Table 1.1: Price Adjustment Data

[ITT Sub Clause 27.12: To be provided by the Procuring Entity]
Index Descriptions Base Value Sources of Index
Note:
1. The sources of Indexes and its values with dates shall be Bangladesh Bureau of
Statistics (BBS) unless otherwise mentioned by the Procuring Entity or instructed to
be quoted by the Tenderer.
2. The Procuring Entity may require the Tenderer to justify its proposed Indexes, if
quoted by the Tenderer.
3. The Base Value of the Indexes shall be those prevailing twenty eight (28) days prior
to the deadline for submission of the Tenders.
Document1 83
Table 1.2: Price Adjustment Data
[GCC Sub Clause 74.1: To be provided by the Procuring Entity]
Coefficients
or Coefficients or Weightings for
Weightings adjustable Cost Components
Item Bill No. if Index
for non- Total
Group applicable Descriptions
adjustable
Cost
Component a b c d e f g h i j
Note:
The Weightings or Coefficients of the Cost Components shall be mentioned by the
Employer based on the proportion of components involved in the work items caused to
be impacted by rise and fall in its prices.

Section 5. Tender and Contract Forms
Form Title
Tender Forms
PW5 – 1 Tender Submission Letter
PW5 – 2 Tenderer Information
PW5 – 3 JV Partner Information (if applicable)
PW5 – 4 Subcontractor Information (if applicable)
PW5 – 5 Personnel Information
PW5 – 6 Bank Guarantee for Tender Security
Contract Forms
PW5 – 7 Notification of Award
PW5 – 8 Contract Agreement
PW5 – 9 Bank Guarantee for Performance Security
PW5 –10 Bank Guarantee for Advance Payment (if applicable)
PW5 –11 Bank Guarantee for Retention Money Security (when this option is chosen)
Forms PW5 -1 to PW5 -6 comprises part of the Tender Format and should be completed as
stated in ITT Clause 20.
Forms PW5 -7 to PW5 -11 comprises part of the Contract as stated in GCC Clause 6.
Document1 85
Tender Submission Letter (Form PW5-1)
[This letter should be completed and signed by the Authorised Signatory
preferably on the Letter-Head Pad of the Tenderer]
To: Date:
[Contact Person]
[Name of Procuring Entity]
[Address of Procuring Entity]
Invitation for Tender No: [indicate IFT No]
Tender Package No: [indicate Package No]
This Package is divided into the following Number of Lots [indicate number of Lot(s)]
We, the undersigned, offer to execute in conformity with the Conditions of Contract and
associated Contract documents, the following Works and Physical services, viz:
In accordance with ITT Clauses 23 and 24, the following prices and discounts apply to our
Tender:
The Tender Price is: [insert amount in Tender currency]

[insert above amount in words]
(ITT Sub Clause 23.1)
The unconditional discount for being [insert amount in Tender currency]
awarded more than one lot in this [insert above amount in words]
package is:
(ITT Sub Clause 23.7)
The methodology for application of the [state the methodology]
discount is:
The advance payment is: [state the amount based on percentage of the
Tender Price]
(GCC Sub Clause 78.1)
and we shall accordingly submit an Advance Payment Guarantee in the format

shown in Form PW5–10.
In signing this letter, and in submitting our Tender, we also confirm that:
(a) our Tender shall be valid for the period stated in the Tender Data Sheet (ITT Sub
Clause 29.2) and it shall remain binding upon us and may be accepted at any time
before the expiration of that period;
(b) a Tender Security is attached in the form of a bank guarantee in the amount stated
in the Tender Data Sheet (ITT Sub Clause 31.2) and valid for a period of twenty
eight (28) days beyond the Tender validity date;

(c) if our Tender is accepted, we commit to furnishing a Performance Security within
the time stated under ITT Sub Clause 62.2 in the amount stated in the Tender Data
Sheet (ITT Sub Clauses 61.2 and 61.3) and in the form specified in the Tender
Data Sheet (ITT Sub Clause 62.1) valid for a period of twenty eight (28) days
beyond the date of issue of the Completion Certificate of the Works;
(d) we have examined and have no reservations to the Tender Document, issued by
you on [insert date]; including Addendum to Tender Document No(s) [state
numbers] , issued in accordance with the Instructions to Tenderers (ITT Clause 11).
[insert the number and issuing date of each addendum; or delete this sentence if
no Addendum has been issued];
(e) we, including as applicable, any JVCA partner or Specialist Subcontractor for any
part of the contract resulting from this Tender process, have nationalities from
eligible countries, in accordance with ITT Clause 5;
(f) we are submitting this Tender as a sole Tenderer in accordance with ITT Sub
Clause 36.3
or
we are submitting this Tender as the partners of a JVCA, comprising the following
other partners in accordance with ITT Sub Clause 36.4;
Name of Partner Address of Partner

1
2
3
4
(g) we are not a Government owned entity as defined in ITT Clause 5.

or
we are a Government owned entity, and we meet the requirements of ITT Clause
5.;
(h) we, including as applicable any JVCA partner, declare that we are not associated,
nor have been associated in the past, directly or indirectly, with a consultant or any
other entity that has prepared the design, specifications and other documents
in accordance with ITT Clause 5;
(i) we, including as applicable any JVCA partner or Specialist Subcontractor for any
part of the contract resulting from this Tender process, have not been declared
ineligible by the Government of Bangladesh on charges of engaging in corrupt,
fraudulent, collusive or coercive practices in accordance with ITT Clause 5;
(j) furthermore, we are aware of ITT Clause 4 concerning such practices and pledge
not to indulge in such practices in competing for or in executing the Contract;
(k) we intend to subcontract an activity or part of the Works, in accordance with ITT
Clause 14, to the following Specialist Subcontractor(s);
Activity or part of the Works Name of Specialist Subcontractor with

Address
Document1 87
(l) we, including as applicable any JVCA partner, confirm that we do not have a record
of poor performance, such as abandoning the works, not properly completing
contracts, inordinate delays, or financial failure as stated in ITT Clause 5, and that
we do not have, or have had, any litigation against us, other than that stated in the
Tenderer Information (Form PW5-2);
(m) we are not participating as Tenderers in more than one Tender in this Tendering
process. We understand that your written Notification of Award shall constitute the
acceptance of our Tender and shall become a binding Contract between us, until
a formal Contract is prepared and executed;
(n) we, including as applicable any JVCA partner, confirm that we do not have a record
of insolvency, receivership, bankrupt or being wound up, our business activities
were not been suspended, and it was not been the subject of legal proceedings in
accordance with ITT Clause 5;
(o) we, including as applicable any JVCA partner, confirm that we have fulfilled our
obligations to pay taxes and social security contributions applicable under the
relevant national laws and regulations of Bangladesh in accordance with ITT
Clause 5;
(p) we understand that you reserve the right to reject all the Tenders or annul the
Tender proceedings, without incurring any liability to Tenderers, in accordance with
ITT Clause 57.
Signature: [insert signature of authorised representative

of the Tenderer]
Name: [insert full name of signatory with National ID
Number]
In the capacity of: [insert capacity of signatory]
Duly authorised to sign the Tender for and on behalf of the Tenderer
[If there is more than one (1) signatory, or in the case of a JVCA, add other boxes
and sign accordingly].
Attachment 1:
[ITT Sub Clause 36.3 and 36.4]
Written confirmation authorising the above signatory(ies) to commit the Tenderer
[and, if applicable]
Attachment 2:
[ITT Sub Clause 13.2]
Copy of the JV Agreement / Letter of Intent to form JV with draft proposed Agreement submitted
at the time of pre-qualification

Tenderer Information (Form PW5-2)
[This Form should be completed only by the Tenderer, preferably on its Letter-Head Pad]

Tender Package No: [indicate Package No]
This Package is divided into the following Number of Lots: [indicate number of Lot(s)]
1. Eligibility Information of the Tenderer [ITT Clauses 5 & 25]

1.1 Nationality of individual or country
of registration
1.2 Tenderer’s legal title
1.3 Tenderer’s registered address
1.4 Tenderer’s legal status [complete the relevant box]

Proprietorship
Partnership
Limited Liability Concern
Government-owned Enterprise
Others
[please describe, if applicable]
1.5 Tenderer’s year of registration
1.6 Tenderer’s authorised representative details
Name
National ID number, if any
Address
Telephone / Fax numbers
e-mail address
1.7 Litigation [ITT Cause 13]
Information on non-performance of contract and pending litigation furnished in PW5-12
1.8 Tenderer to attach photocopies of
the original documents mentioned
aside [All documents required under ITT Clauses 5 and 25]
Document1 89
The following two information are applicable for national Tenderers
1.9 Tenderer’s Value Added Tax
Registration (VAT) Number
1.10 Tenderer’s Tax Identification
Number(TIN)
[The foreign Tenderers, in accordance with ITT Clause 5, shall provide evidence by a written
declaration to that effect to demonstrate that it meets the criterion]
2. Qualification Information of the Tenderer [ITT Clause 12]
2.1 General Experience in Construction Works of Tenderer
Start End Years Contract No and Name of Contract Role of
Month Month Name and Address of Employer Tenderer
Year Year [Prime/Sub
Brief description of Works
/Managem
ent]
2.2 Specific Experience in Construction Works of Tenderer

Completed Contracts of similar nature, complexity and methods/construction technology
Contract No [ insert reference no] of [ insert year]
Name of Contract [insert name]
Role in Contract Prime Contractor Subcontractor Management Contractor

[tick relevant box].
Award date [insert date]
Completion date [insert date]
Total Contract Value [insert amount]
Procuring Entity’s Name
Address
Tel / Fax
e-mail
Brief description with

justifications of the [state justification in support of its similarity compared to the
similarity compared to the proposed works]
Employer’s requirements
2.3 Average annual construction turnover [ITT Sub Clause12.2]
[total certified payments received for contracts in progress or completed for each year of works
in progress or completed; using selling exchange rate quoted by the source being Bangladesh Bank
on the date reported, if applicable]
Year Amount & Currency USD/GBP/EU R/JPY Equivalent


2.4 Existing commitments and works
[targeted to be completed by the Intended Completion Date of the proposed works; ITT Sub
Clause 12.2]
Name of Contract Target Value of Existing
Contract No [reference] of [year] Completion Date Commitments and Works
Name of Employer
Contact Address Amount & USD/GBP/EU R/JPY
Tel/fax Currency delete not appropriat e
Equivalent
e-mail
2.5 Financial Resources available to meet the construction cash flow [ITT Sub Clause 12.2]
No Source of Financing Amount Available
Amount & USD/GBP/EU R/JPY

Currency delete not appropriat e
Equivalent
In order to confirm the above statements the Tenderer shall submit , as applicable, the documents
mentioned in ITT Clause 28.
2.6 Contact Details [ITT Clause 28]
Name, address, and other contact details of Tenderer Bankers and other Employer(s) that
may provide references, if contacted by this Employer
2.7 Qualifications and experience of key technical and administrative personnel proposed for
Contract administration and management [ITT Clause 28]
Position
Years of Specific Experience
Name
Years of General Experience
[Tenderer to complete details of as many personnel as are applicable. Each personnel listed
above should complete the Personnel Information (Form PW5-5)]
2.8 Major Construction Equipments proposed to carry out the Contract [ITT Clause 28]
Condition Owned, leased or to
Item of Equipment (new, good, be purchased
average, poor) (state owner, lessor
or seller)
[Tenderer to list details of each item of major construction equipment, as applicable]
Document1 91
JVCA Partner Information (Form PW5-3)
[This Form should be completed by each JVCA partner].

Tender Package No [indicate Package No]
1. Eligibility Information of the JVCA Partner [ITT Clauses 5 & 25]

1.1 Nationality of Individual or country
of Registration
1.2 JVCA Partner’s legal title
1.3 JVCA Partner’s registered address
1.4 JVCA Partner’s legal status [complete the relevant box]
Proprietorship
Partnership
Other
(please describe, if applicable)
1.5 JVCA Partner’s year of registration
1.6 JVCA Partner’s authorised representative details
Name
National ID number, if any
Address
e-mail address
1.7 Litigation [ITT Cause 13]
Information on non-performance of contract and pending litigation furnished in Form PW3-
12
1.8 JVCA Partner to attach copies of
the original documents mentioned
aside [All documents required under ITT Clauses 5 and 25]
The following two information are applicable for national JVCA Partners only
1.9 JVCA Partner’s Value Added Tax
Registration (VAT) Number
1.10 JVCA Partner’s Tax Identification
Number (TIN)
[The foreign JVCA Partners, in accordance with ITT Clause 5, shall provide evidence by a written
declaration to that effect to demonstrate that it meets the criterion]
Document1 95
2. Key Activity(ies) for which it is intended to be joint ventured [ITT Clause 13]
Elements of Activity Brief description of Activity
3. Qualification Information of the JVCA Partner [ITT Clause 12]

3.1 General Experience in Construction Works of JVCA Partner
Start End Years Contract No and & Name of Contract Role of
Month Month Name and Address of Procuring Entity JVCA
Year Year Partner
Brief description of Works
[Prime/Sub
/Managem
ent]
3.2 Specific Experience in Construction Works of JVCA Partner

Completed Contracts of similar nature, complexity and methods/construction technology
Contract No [ insert reference no] of [ insert year]
Name of Contract [insert name]
Role in Contract Prime Contractor Subcontractor Management Contractor

[tick relevant box]
Award date [insert date]
Completion date [insert date]
Total Contract Amount [insert amount]
If partner in a JV, specify
participation of the total _____% Amount & Currency [insert amount]
Contract Amount USD/GBP/EU R/JPY Equivalent [insert amount]
Employer’s Name
Address
Tel / Fax
e-mail
Brief description with
justifications of the
similarity compared to the
[state justification in support of its similarity compared to the
Employer’s requirements
proposed works]
3.3 Average annual construction turnover [ITT Sub Clause 12.2]
[total certified payments received for contracts in progress or completed for each year of works
in progress or completed; using selling exchange rate quoted by the source being Bangladesh Bank
on the date reported, if applicable]
Year Amount & Currency USD/GBP/EU R/JPY Equivalent


3.4 Existing commitments and works
[targeted to be completed by the Intended Completion Date of the proposed works; ITT Sub
Clause 12.2]
Name of Contract Target Value of Existing
Contract no [reference] of [year] Completion Commitments and Works
Date
Name of Employer
Contact Address Amount & USD/GBP/EU R/JPY
Tel/fax Currency delete not appropriat e
Equivalent
e-mail
3.5 Financial Resources available to meet the construction cash flow [ITT Sub Clause 12.2]
No Source of financing Amount available
Amount & USD/GBP/EU R/JPY

Currency delete not appropriat e
Equivalent
In order to confirm the above statements the JVCA Partner shall submit, as applicable, the
documents mentioned in ITT Clause 28.
3.6 Contact Details [ITT Clause 28]
Name, address, and contact details of Tenderer’s Bankers and other Employer(s) that may
provide references if contacted by this Employer
3.7 Qualifications and experience of key technical and administrative personnel proposed for
Contract administration and management [ITT Clause 28]
Position Years of Specific Experience
Name
Years of General Experience
[Tenderer to complete details of as many personnel as are applicable. Each personnel

listed above should complete the Personnel Information (Form PW5-5)]
3.8 Major items of Construction Equipment proposed for carrying out the works [ITT Clause
28]
Item of Equipment Condition Owned, leased or to
(new, good, be purchased
average, poor) (state owner, leaser
or seller)
[Tenderer to list details of each item of Major equipment, as applicable]
__________________________________________
Signature
(Name of Authorized Signatory of the JVCA Partner)
Document1 97
Specialist Subcontractor Information (Form PW5-4)
[This Form should be completed by each Subcontractor, preferably on its Letter-Head Pad]
1. Eligibility Information of the Subcontractor [ITT –Clauses 5 & 25]
1.1 Nationality of Individual or country of Registration
1.2 Subcontractor’s legal title
1.3 Subcontractor’s registered address
1.4 Subcontractor’s legal status [complete the relevant box]

Proprietorship
Partnership
Other
(please describe)
1.5 Subcontractor’s year of registration
1.6 Subcontractor’s authorised representative details

Name
Address
e-mail address
1.7 Attach copies of the following original documents All documents to the extent relevant
to ITT Clause 5 and 25 in support of
its qualifications
The following two information are applicable for national Subcontractors
1.8 Subcontractor’s Value Added Tax Registration (VAT)

Number
1.9 Subcontractor’s Tax Identification Number(TIN)

[The foreign Subcontractors , in accordance with ITT Clause 5, shall provide evidence by a written declaration to
that effect to demonstrate that it meets the criterion]
2. Key Activity(ies) for which it is intended to be Subcontracted [ITT Clause 14]

2.1 Elements of Activity Brief description of Activity
2.2 List of Similar Contracts in which the proposed Subcontractor had been engaged
Name of Contract and Year of Execution
Value of Contract
Name of Employer
Contact Person and Contact details
Type of Work Performed

__________________________________________________
Signature and Name of Authorized Signatory of the Proposed Sub-Contractor
Personnel Information (Form PW5-5)

[This Form should be completed for each person proposed by the Tenderer on Form PW5-2 & PW5-3, where
applicable]
Name of the Tenderer: [insert Title]

A. Proposed Position (tick the relevant box)
 Construction Engineer  Prime Candidate  Alternative Candidate
 Key Personnel  Prime Candidate  Alternative Candidate
B. Personal Data
Name:
Date of Birth:
Years overall experience:
National ID Number:
Years of employment with the Tenderer:
Professional Qualifications:
1.
C. Present Employment [to be completed only if not employed by the Tenderer]
Name of the Employer:
Address of the Employer:
Present Job Title:
Years with the present Employer:
Tel No: Fax No: e-mail address:
Contact [manager/personnel officer]:
D. Professional Experience
Summarise professional experience over the last twenty (20) years, in reverse chronological order. Indicate
particular technical and managerial experience relevant to the project.
From To Company / Project / Position / Relevant technical and management experience.
Document1 99
__________________________
(Name and Signature of the Proposed Personnel)
Bank Guarantee for Tender Security (Form PW5-6)
[This is the format for the Tender Security to be issued by an internationally reputable Bank which has a
correspondent Bank located in Bangladesh in accordance with ITT Clause 31 & 32]
Invitation for Tender No: Date:
Tender Package No:
To:
[Name and address of the Employer]
TENDER GUARANTEE No:
We have been informed that [name of Tenderer] (hereinafter called “the Tenderer”) intends to
submit to you its Tender dated [date of Tender] (hereinafter called “the Tender”) for the execution
of the Works of [description of works] under the above Invitation for Tenders (hereinafter called
“the IFT”).
Furthermore, we understand that, according to your conditions, the Tender must be supported by
a Bank Guarantee for Tender Security.
At the request of the Tenderer, we [name of bank] hereby irrevocably undertake to pay you, without
cavil or argument, any sum or sums not exceeding in total an amount of USD/GBP/EU R/JPY [insert
BangladeshTaka
amount in figures and words] and/or [insert amount in figures and words] upon
receipt by us of your first written demand accompanied by a written statement that the Tenderer is
in breach of its obligation(s) under the Tender conditions, because the Tenderer:
a. has withdrawn its Tender after opening of Tenders but within the validity of the Tender
Security; or
b. refused to accept the Notification of Award (NOA) within the period as stated under
ITT; or
c. failed to furnish Performance Security within the period stipulated in the NOA; or
d. refused to sign the Contract Agreement by the time specified in the NOA; or
e. did not accept the correction of the Tender price following the correction of the
arithmetic errors as stated under ITT.
This guarantee will expire
(a) if the Tenderer is the successful Tenderer, upon our receipt of a copy of the
Contract Agreement signed by the Tenderer or a copy of the Performance Security
issued to you in accordance with the ITT;
or
(b) if the Tenderer is not the successful Tenderer, twenty eight (28) days after the
expiration of the Tenderer’s Tender validity period, being [date of expiration of the
Tender validity plus twenty eight (28) days ].
Consequently, we must receive at the above-mentioned office any demand for payment under this
guarantee on or before that date.

Name and Signature Name and Signature
Notification of Award (Form PW5-7)
Contract No: Date:
To:
[Name of Contractor]
This is to notify you that your Tender dated [insert date] for the execution of the Works for
[name of project/Contract] for the Contract Price of USD/GBP/EU R/JPY [insert amount in figures and
BangladeshTaka
words] and [insert amount in figures and in words], as corrected and modified
in accordance with the Instructions to Tenderers, has been approved by [name of Employer].
You are thus requested to take following actions:

i. accept in writing the Notification of Award within seven (7) working days of
its issuance pursuant to ITT Sub Clause 60.4
ii. furnish a Performance Security in the form of a Bank Guarantee as specified
and in the amount of USD/GBP/EU R/JPY [insert amount in figures and words] and
BangladeshTaka
[insert amount in figures and words],within twenty eight (28) days of
issuance of this Notification of Award but not later than (specify date), in
accordance with ITT Clause 63.2.
iii. sign the Contract within twenty eight (28) days of issuance of this Notification
of Award but not later than (specify date), in accordance with ITT Sub Clause
65.2.
You may proceed with the execution of the Works only upon completion of the above tasks.
You may also please note that this Notification of Award shall constitute the formation of this
Contract which shall become binding upon you.
We attach the draft Contract and all other documents for your perusal and signature.
Signed
Duly authorised to sign for and on behalf of

[name of Employer]
Date:
Document1 101
Contract Agreement (Form PW5-8)
THIS AGREEMENT made on this [day] day of [month] [year] between [name and address of
Employer] (hereinafter called “the Employer”) of the one part and [name and address of Contractor]
(hereinafter called “the Contractor”) of the other part:
WHEREAS the Procuring Entity invited Tenders for certain works named [brief description of works]
and has accepted the Tender submitted by the Tenderer for the execution of those works in the
BangladeshTaka
sum of USD/GBP/EU R/JPY [insert amount] and/or [insertamount][Contract price in figures
and in words] (hereinafter called “the Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the General Conditions of Contract hereafter referred to.
2. The documents forming the Contract shall be interpreted in the following order of priority:
(a) the signed Contract Agreement
(b) the Notification of Award
(c) the completed Tender and the appendices to the Tender
(d) the Particular Conditions of Contract
(e) the General Conditions of Contract
(f) the Technical Specifications
(g) the General Specifications
(h) the Drawings
(i) the priced Bill of Quantities and the Schedules
(j) any other document listed in the PCC forming part of the Contract.
3. In consideration of the payments to be made by the Procuring Entity to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and
complete the works and to remedy any defects therein in conformity in all respects with the
provisions of the Contract.
4. The Procuring Entity hereby covenants to pay the Contractor in consideration of the
execution and completion of the works and the remedying of defects therein, the Contract
Price or such other sum as may become payable under the provisions of the Contract at
the times and in the manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of Bangladesh on the day, month and year first written above.
For the Procuring Entity For the Contractor
Signature
Name
National ID No.
Title
In the presence
of
Name
Address

Bank Guarantee for Performance Security (Form PW5-9)
[This is the format for the Performance Security to be issued by an internationally reputable Bank which has a
correspondent Bank located in Bangladesh in accordance with ITT Clause 61, 62 & 63]
Contract No: [insert reference number] Date: [insert date]
To:
[ insert Name and address of Procuring Entity]
PERFORMANCE GUARANTEE No:
We have been informed that [name of Contractor] (hereinafter called “the Contractor”) has
undertaken, pursuant to Contract No [insert reference number of Contract] dated [insert date of
Contract] (hereinafter called “the Contract”), the execution of works [description of works] under
the Contract.
Furthermore, we understand that, according to your conditions, the Contract must be supported
by a Bank Guarantee for Performance Security.
At the request of the Contractor, we [name of bank] hereby irrevocably undertake to pay you,
without cavil or argument, any sum or sums not exceeding in total an amount of
BangladeshTaka
USD/GBP/EU R/JPY/BDT and/or [insert amount in figures and in words] upon receipt
by us of your first written demand accompanied by a written statement that the Contractor is in
breach of its obligation(s) under the Contract conditions, without you needing to prove or show
grounds or reasons for your demand of the sum specified therein.
This guarantee is valid until [date of validity of guarantee], consequently, we must receive at the
above-mentioned office any demand for payment under this guarantee on or before that date.
Document1 103
Bank Guarantee for Advance Payment (Form PW5-10)
[This is the format for the Advance Payment Guarantee to be issued by an internationally reputable Bank which
has a correspondent Bank located in Bangladesh in accordance with GCC Clause 78]
Contract No: [insert reference number] Date: [insert date]
To:
[insert Name and address of the Procuring Entity ]
ADVANCE PAYMENT GUARANTEE No:
We have been informed that [name of Contractor] (hereinafter called “the Contractor”) has
undertaken, pursuant to Contract No [insert reference number of Contract] dated [insert date of
Contract] (hereinafter called “the Contract”), the execution of works [description of works] under
the Contract.
Furthermore, we understand that, according to your Conditions of Contract under GCC Clause 78,
the Advance Payment on Contract must be supported by a Bank Guarantee.
At the request of the Contractor, we [insert name of bank] hereby irrevocably undertake to pay you,
without cavil or argument, any sum or sums not exceeding in total an amount of
BangladeshTaka
USD/GBP/EU R/JPY/BDT and/or [insert amount in figures and in words] upon receipt
by us of your first written demand accompanied by a written statement that the Contractor is in
breach of its obligation(s) under the Contract conditions, without you needing to prove or show
grounds or reasons for your demand of the sum specified therein.
We further agree that no change, addition or other modification of the terms of the Contract to be
performed, or of any of the Contract documents which may be made between the Employer and
the Contractor, shall in any way release us from any liability under this guarantee, and we hereby
waive notice of any such change, addition or modification.
This guarantee is valid until [insert date of validity of guarantee], consequently, we must receive at
the above-mentioned office any demand for payment under this guarantee on or before that date.

Bank Guarantee for Retention Money Security (Form PW5-11)
[This is the format for the Retention Money Guarantee to be issued by an internationally reputable Bank which
has a correspondent Bank located in Bangladesh in accordance with GCC Sub Clause 75.3]
Demand Guarantee
[Bank’s Name, and Address of Issuing Branch or Office]
Beneficiary: [insert Name and Address of the Procuring Entity]
Date: [insert date]
RETENTION MONEY GUARANTEE No.: [insert number]
We have been informed that [insert name of Contractor] (hereinafter called "the Contractor") has
entered into Contract Number [insert reference number of the Contract] dated [insert date] with you, for
the execution of [insert name of Contract and brief description of Works] (hereinafter called "the
Contract").
Furthermore, we understand that, according to the conditions of the Contract, when the Taking-Over
Certificate has been issued for the Works and the first half of the Retention Money has been certified
for payment, payment of [insert the amount of the second half of the Retention Money] which becomes
due after the Defects Liability Period has passed and certified in the form of Defects Correction
Certificate, is to be made against a Retention Money Guarantee.
At the request of the Contractor, we [insert name of Bank] hereby irrevocably undertake to pay you any
BangladeshTaka
sum or sums not exceeding in total an amount of USD/GBP/EU R/JPY/BDT and/or [insert
amount in figures and words]) upon receipt by us of your first demand in writing accompanied by a
written statement stating that the Contractor is in breach of its obligation under the Contract because
the Contractor failed to properly correct the defects duly notified in respect of the Works.
It is a condition for any claim and payment under this guarantee to be made that the payment of the
second half of the Retention Money referred to above must have been received by the Contractor on
its account number[insert A/C no] at [name and address of Bank].
This guarantee is valid until [insert the date of validity of Guarantee that being twenty eight (28)
days beyond the Defects Liability Period]. Consequently, we must receive at the above-mentioned
office any demand for payment under this guarantee on or before that date.
Document1 105
Section 6. Bill of Quantities
Guidance Notes on the Bill of Quantities
Objectives
The objectives of the Bill of Quantities (BOQ) are;
(a) to provide sufficient information on the quantities of Works to be performed to

enable Tenders to be prepared efficiently and accurately; and
(b) when a Contract has been entered into, to provide a priced BOQ for use in the
periodic valuation of Works executed.
In order to attain these objectives, the items in the Bill of Quantities should be grouped into
sections to distinguish between those parts of the Works that by nature, location, access,
timing, or any other special characteristics may give rise to different methods of
construction, phasing of the Works, or considerations of cost. General items common to all
parts of the Works may be grouped as a separate section in the Bill of Quantities. Consistent
with these requirements, the layout and content of the BOQ should be as simple and brief
as possible. Quantities should be computed net from the Drawings, unless directed
otherwise in the Contract, and no allowance should be made for bulking, shrinkage, or
waste. Quantities should be rounded up or down where appropriate and spurious accuracy
should be avoided.
The quantities given in the Bill of Quantities are estimated and provisional, and are given to
provide a common basis for Tendering. The basis of payment will be the actual quantities
of work ordered and carried out, as measured by the Contractor and verified by the Engineer
and valued at the rates or prices quoted in the priced Bill of Quantities, where applicable,
and otherwise at such rates or prices as the Engineer may fix within the terms and conditions
of the Contract.
The method of measurements of completed works for payment shall be based on metric
system unless otherwise unavoidable.
A sample format has been suggested.

Daywork Schedule
A Daywork Schedule is commonly used in contracts where the likely incidence of
unforeseen work cannot be covered by definitive descriptions and approximate quantities
in the Bill of Quantities. A Daywork Schedule should therefore be included only if the
probability of unforeseen work, outside the items included in the BOQ, is high. To facilitate
checking by the Employer of the realism of rates quoted by the Tenderers, the Daywork
Schedule should normally comprise the following:
(a) a list of the various classes of labour, materials, and construction plant for which
basic Daywork unit rates or prices are to be quoted by the Tenderer, together
with a statement of the conditions under which the Contractor will be paid for
work executed on a Daywork basis.
(b) quantities for each item of Daywork, to be priced or quoted by each Tenderer at
Daywork rates as Tender. The rate to be quoted by the Tenderer against each
basic Daywork item should include the Contractor’s profit, overheads,
supervision, taxes, and all other charges.
If a Day work Schedule is to be included at all in the Tender Document, it shall include
nominal quantities against the items most likely to be used and the unit rates or prices
quoted by the Tenderer shall remain invariable whatever the quantities ordered.
A sample format of the Schedule has been suggested.
Provisional Sums
A general provision for physical contingencies (quantity overruns) or for meeting other
essential expenditures may be made by including a provisional sum in the Summary Bill of
Quantities. Similarly, a contingency allowance for possible price increases should be
provided as a provisional sum in the Summary Bill of Quantities. The inclusion of such
provisional sums often facilitates budgetary approval by avoiding the need to request
periodic supplementary approvals as the future need arise.
The estimated cost of specialized work to be carried out, or of special goods to be supplied,
by nominated Sub contractor(s) should be indicated in the relevant part of the Bill of
Quantities as a particular provisional sum with an appropriate brief description. A separate
procurement procedure is normally carried out by the Procuring Entity to select such
specialized Subcontractor(s).
A sample format has been suggested.
Correction of Errors
If in preparing Bill of Quantities of its Tender, the Tenderer has made errors in the unit rates
or prices 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 of error is properly initialled by
the authorised person of the Tenderer and that a statement shall be made as to the total
number of such corrections made, at the end of the priced Bill of Quantities.
The Procuring Entity shall ensure that the following note is added at the end of each page of
the Bill of Quantities.
“This Bill of Quantities contains [state number] corrections duly initialled and signed by the
authorised person of the Tenderer”.
THIS GUIDANCE NOTES FOR PREPARING A BILL OF QUANTITIES ARE INTENDED

ONLY AS INFORMATION FOR THE EMPLOYER OR THE PERSON DRAFTING THE
TENDER DOCUMENT. THIS SHOULD NOT BE INCLUDED IN THE FINAL DOCUMENT
Bill of Quantities
[ITT Clause 24]
Name of Works:___________________________________________________________
Document1 107
IFT No.____________ Package No.______________Lot No._________
Unit Rate Amount

Item Code Description of In figures
Item no. Unit Quantity
(if any) Item In figures In words --------------------------------
In words
1 2 3 4 5 6 7=6 8=5x6
to be filled in by the Employer to be quoted and filled in by the Tenderer

100 General Items
101 04-548-08 Excavate ------- m3 35 USD USD Fifty USD1,930.25
[example] [example] --- to [example] 55.15 Five point ------------------------------------
maximum...... [example] [example] Fifteen USD One Thousand Nine
[example] ample Only Hundred Thirty point
[example] Twenty Five Only
[example]
102
103
& so on
Sub-total of 100 for General Items
200 Preliminary Items

201
202
& so on
Sub-total of 200 for Preliminary Items
300 Main Items

301
302
& so on
Sub-total of 300 for Main Items
400 Other Items

401
402
& so on
Sub-total of 400 for Other Items Main Items
500 Misc. Items

501
502
& so on
Sub-total of 500 for Misc. Items
GRAND TOTAL
This Bill of Quantities contains [insert number] corrections duly initialled and signed by the authorised person of the Tenderer
___________________________________________________________________________________________________________
Note
1. It is suggested that the Tenderer uses these sheets of the BOQ in order to avoid any manipulation, distortion and inadvertent
mistakes or omissions in course of preparing the Tender by the Tenderer
2. Follow the Guidance notes under Section 6 in filling this Schedule
3. The Employer is free to choose the items in grouping them that best suits the implementation arrangement and
measurement

Schedule of Dayworks
Name of Works:___________________________________________________________
Unit Rate Amount

Item Code Description of In figures
Item no. Unit Nominal
(if any) Item In figures In words --------------------------------------
Quantity
In words
1 2 3 4 5 6 7=6 8=5x6
to be filled in by the Employer to be quoted and filled in by the Tenderer

A. DL 100 LABOUR
DL 101 01-013-02 Labourer Hour 1575
DL 102 Mason Hour 520
DL 103 Carpenter Hour 300
& so on & so on
above are examples only
Sub-total of 100 for DL 100 LABOUR:
B. DM 200 MATERIALS
DM 201 Stone Boulders m3
DM 202 Cement kg
DM 203 GI Pipe m
& so on
Sub-total of 200 for DM 200 MATERIALS:
C. DE 300 CONTRACTOR’S EQUIPMENTS
DCE 301 Excavator Hour
DCE 302 Tractor Hour
DCE 303 Pay loader Hour
& so on
Sub-total of 300 for DCE 300 CONTRACTOR’S

EQUIPMENT :
GRAND TOTAL OF DAYWORKS (A to C) [ Section 6 ; GCC Sub Clause 81 ]
Note:
1. Nominal quantities in the schedule shall remain invariable and shall also require prior approval of the authority
sanctioning the official estimate.
2. Follow the Guidance Notes under Section 6 in filling this Schedule.
Document1 109
Daywork Summary
Name of Works: ___________________________________________________________

Classification of Dayworks Amount

(insert currency)
1. Total for Daywork: Labour
2. Total for Daywork: Materials
3. Total for Daywork: Contractor’s Equipment
TOTAL FOR DAYWORKS
In Figures
In Words
___________________________________________________________________________
Note:
This Summary refers to Schedule of Dayworks

Summary of Provisional Sums
Name of Works:___________________________________________________________
Item No Description of Specified Provisional Sums Amount
Provisional Sums for Supply and Installation of USD 250,000.00

Equipment in Pumping Station by [insert the name of
the Nominated Subcontractor(s)] [Subcontracted amount + percentage as in
PCC Clause 80.2]
[example ] [example ]
Provisional Sums for physical contingencies or USD 50,000.00

meeting other expenditures [Amount authorized in official estimate but
must be ≤ 1% of Contract Price]
[example ] [example ]
TOTAL FOR PROVISIONAL SUMS
___________________________________________________________________________
Note:
1. Appointment of Nominated Subcontractor(s) shall follow due procedures and shall require prior approval of
the Competent Authority.
2. Provisional Sums for meeting expenditures other than those for Nominated Subcontractor (s) may not exceed
one (1) percent of the estimated Contract price and its inclusion in the BOQ shall also require prior approval
of the authority sanctioning the official estimate.
3. Follow the Guidance Notes under Section 6 in filling this Schedule.
Document1 111
Grand Summary
Name of Works:___________________________________________________________
Contract Name: ___________________________ Contract

No.:______________________________
General Summary Reference Amount

1. 100 General Items
2. 200 Preliminary Items
3. 300 Main Items
4. 400 Other Items
5. 500 Misc. Items
6. Dayworks
Subtotal of (1-6):
7. Provisional Sums [GCC Sub Clause 80]
(i) Provisional Sums for Nominated Subcontractor(s)
(ii) Provisional Sums for meeting other expenditures
Subtotal of (7) :
In figures
TOTAL CONTRACT PRICE FOR THE WORKS (1-7)
In words

Section 7. General Specifications
Notes on Specifications
A set of precise and clear specifications is a prerequisite for Tenderers to respond realistically and
competitively to the requirements of the Procuring Entity without introducing deviations or conditionalities
in their Tenders. In the context of national competitive Tendering, the specifications must be drafted to
permit the widest possible competition and, at the same time, present a clear statement of the required
standards of workmanship, materials, and performance of the works to be procured. Only if this is done
will the objectives of economy, efficiency, and fairness in procurement be realized, responsiveness of
Tenders be ensured, and the subsequent task of Tender evaluation facilitated. The specifications should
require that all goods and materials to be incorporated in the Works be new, unused, of the most recent
or current models, and incorporate all recent improvements in design and materials, unless provided
otherwise in the Contract.
Samples of specifications from previous similar projects are useful in this respect. Most specifications
are normally written specially by the Procuring Entity or Engineer to suit the Contract Works in hand.
There is no standard set of Specifications for universal application in all sectors, but there are established
principles and practices, which are reflected in these documents.
There are considerable advantages in standardizing General Specifications for repetitive Works in
recognized public sectors, such as highways, ports, railways, urban housing, flood control, drainage and
irrigation, and water supply, where similar conditions prevail. The General Specifications should cover
all classes of workmanship, materials, and equipment commonly used in construction, although not
necessarily to be used in a particular Works Contract. Deletions or addenda should then adapt the
General Specifications to the particular Works. Such General Specifications are those issued by the
specialised ministries/professional bodies in Bangladesh and/or those of the International Standards
Organisation (ISO)
Care must be taken in drafting specifications to ensure that they are not restrictive. In the specification
of standards for goods, materials, and workmanship, recognized national standards should be used as
much as possible. Where other particular standards are used the specifications should state that goods,
materials, and workmanship that meet other authoritative standards, and which ensure substantially
equal or higher quality than the standards mentioned, will also be acceptable.
Provision as such be kept that wherever reference is made in the Contract to specific standards and
codes to be met by the goods and materials to be furnished, and work performed or tested, the provisions
of the latest current edition or revision of the relevant standards and codes in effect shall apply, unless
otherwise expressly stated in the Contract.
THESE NOTES FOR PREPARING SPECIFICATIONS ARE INTENDED ONLY AS INFORMATION FOR
THE PROCURING ENTITY OR THE PERSON DRAFTING THE TENDER DOCUMENT AND SHOULD
NOT BE INCLUDED IN THE FINAL TENDER DOCUMENT.
Document1 113
Section 8. Particular Specifications
Notes on Particular Specifications
If an item of the Works is not covered in the General Specifications or if any specification clause
requires that further details as to precise requirements for the particular Works are to be given or
needs to be modified or clarified then these should be reflected in the Particular Specifications.
Where the Particular Specification clause replaces or clarifies an existing clause of the General
Specification then the same clause numbering system need to be followed.

Section 9. Drawings
Notes on Drawings
Insert here a list of Drawings. The actual Drawings, including site plans, should be attached to
this section or annexed in a separate folder. The Drawings shall be dated, numbered and show
the revision number.
Document1 115
FORMAT
Invitation for Tenders (IFT)
The Invitation for Tenders (IFT) is a copy of the standard format as appears on the website and used
for published advertisement that provides relevant and essential information to help Tenderers to
decide whether or not to participate in the particular Tender. This is provided in the Tender Document
for information only. This should not be included in the TENDER DOCUMENT.

Invitation for Tenders
[for use when there is a SINGLE lot in a package
This is the website format and as used for published advertisement.
It is included in this document for information only]
GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH
1 Ministry/Division < select > V
2 Agency < select > V
3 Procuring Entity Name < type in name >
4 Procuring Entity Code Not used at present
5 Procuring Entity District < select > V
6 Invitation for < select > V < select > V < select > V
7 Invitation Ref No < type in name >
8 Date < select > V
KEY INFORMATION
9 Procurement Method < select > V < select > V
FUNDING INFORMATION
10 Budget and Source of Funds < select > V
11 Development Partners (if applicable) < type in name >
PARTICULAR INFORMATION
12 Project / Programme Code (if applicable) < use MOF code >
13 Project / Programme Name (if applicable) < use MOF name >
14 Tender Package No. < type in name >
15 Tender Package Name < type in name >
Date
16 Tender Publication Date < select > V
17 Tender Last Selling Date < select > V
(must be the date prior to the day of Tender
Closing Date)
Date Time
18 Tender Closing Date and Time < select > V < select > V
19 Tender Opening Date and Time < select > V < select > V
(within one hour of Tender Closing at primary place)
20 Name & Address of the office(s) Address
- Selling Tender Document (Principal) < type in name >
- Selling Tender Document (Others) < type in name >
- Downloading Tender Document
(This is optional. If permitted by the Procuring Entity;
mention the web address where the electronic version
of TD will be available. Specify the detail procedures
for payment of the cost of TD by the Tenderers.)
NO CONDITIONS APPLY FOR SALE , PURCHASE OR DISTRIBUTION OF TENDER DOCUMENTS
- Receiving Tender Document < type in name >
- Opening Tender Document < type in name >
21 Place / Date / Time of Place Date Time
Pre-Tender Meeting (Optional) < select > < select > < select >
V V
INFORMATION FOR TENDERER
22 Eligibility of Tenderer < type in name >
23 Brief Description of Works < type in name >
24 Brief Description of Physical Services < type in name >
25 Price of Tender Document < type in price >
Lot No Identification of Lot Location Tender Security Amount Completion Time in Weeks
/ Months
26 1 < type in name > < type in name > <type in> <type in>
EMPLOYER DETAILS
30 Name of Official Inviting Tender < type in name >
31 Designation of Official Inviting Tender < type in name >
32 Address of Official Inviting Tender < type in name >
33 Contact details of Official Inviting Tender < Tel. No.> <Fax No.> <e-mail>
34 The Procuring Entity reserves the right to reject all the Tenders or annul the Tender proceedings
<select> : these fields are “pop-up” fields and the Employer will only have to select the correct name, address or
date in order to complete the form.
<type in name> : these fields are to be completed by typing in the relevant data.
Document1 117
Invitation for Tenders
[for use when there are MULTIPLE lots in a package
This is the website format and as used for published advertisement.
It is included in this document for information only]
GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH
1 Ministry/Division < select > V
2 Agency < select > V
3 Procuring Entity Name < type in name >
4 Procuring Entity Code Not used at present
5 Procuring Entity District < select > V
6 Invitation for < select > V < select > V < select > V
7 Invitation Ref No < type in name >
8 Date < select > V
KEY INFORMATION
9 Procurement Method < select > V < select > V
FUNDING INFORMATION
10 Budget and Source of Funds < select > V
11 Development Partners (if applicable) < type in name >
PARTICULAR INFORMATION
12 Project / Programme Code (if applicable) < use MOF code >
13 Project / Programme Name (if applicable) < use MOF name >
14 Tender Package No. < type in name >
15 Tender Package Name < type in name >
Date
16 Tender Publication Date < select > V
17 Tender Last Selling Date < select > V
(must be the date prior to the day of Tender
Closing Date)
Date Time
18 Tender Closing Date and Time < select > V < select > V
19 Tender Opening Date and Time < select > V < select > V
(within one hour of Tender Closing at primary
place)
20 Name & Address of the office(s) Address
- Selling Tender Document (Principal) < type in name >
- Selling Tender Document (Others) < type in name >
- Downloading Tender Document
(This is optional. If permitted by the Procuring Entity;
mention the web address where the electronic
version of TD will be available. Specify the detail
procedures for payment of the cost of TD by the
Tenderers.)
NO CONDITIONS APPLY FOR SALE , PURCHASE OR DISTRIBUTION OF TENDER DOCUMENTS
- Receiving Tender Document < type in name >
- Opening Tender Document < type in name >
21 Place / Date / Time of < type in name >
Pre-Tender Meeting (Optional) Date Time
< select > V < select > V
INFORMATION FOR TENDERER
22 Eligibility of Tenderer < type in name >
23 Brief Description of Works < type in name >
24 Brief Description of Physical Services < type in name >
25 Price of Tender Document < type in price >
Lot No Identification of Lot Location Tender Security Amount Completion Time in
Weeks / Months
30 Name of Official Inviting Tender < type in name >

31 Designation of Official Inviting Tender < type in name >
32 Address of Official Inviting Tender < type in name >
33 Contact details of Official Inviting Tender < Tel. No. > < Fax No. > < e-mail >
34 The Procuring Entity reserves the right to reject all the Tenders or annul the Tender proceedings
<select> : these fields are “pop-up” fields and the Employer will only have to select the correct name, address or date in order to complete the form.<type
in name> : these fields are to be completed by typing in the relevant data.
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.

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This is the Final working draft.

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GOVERNMENT OF THE PEOPLE’S REPUBLIC OF

Standard Tender Document

(for values above Tk.350 million)

Central Procurement Technical Unit

September 2009 PW5

CPTU-IMED PW5-OTM (International)

CPTU-IMED PW5-OTM (International) i

Section 2. Tender Data Sheet (TDS)

The text of the clauses in this Section shall not be modified.

Section 4. Particular Conditions of Contract (PCC)

CPTU-IMED PW5-OTM (International) ii

CPTU-IMED PW5-OTM (International) iii

Invitation for Tender No:

CPTU-IMED PW5-OTM (International) v

CPTU-IMED PW5-OTM (International) vi

CPTU-IMED PW5-OTM (International) vii

Section 4. Particular Conditions of Contract ................................................75

Section 6. Bill of Quantities..........................................................................106

CPTU-IMED PW5-OTM (International) viii

2. Interpretation 2.1 Throughout this Tender Document:

3.3 Payments by the Development Partner, if so indicated in the TDS,

CPTU-IMED PW5-OTM (International) 2

5.4 Tenderers shall provide such evidence of their continued eligibility

5.5 Tenderers’ requirements for eligibility will extend, as applicable, to

6.Eligible 6.1 All materials, equipment and associated services to be supplied

8.3 Tenderers are expected to examine all instructions, forms, terms,

9.2 The Employer is not obliged to answer any clarification request

CPTU-IMED PW5-OTM (International) 4

11.3 Tenderers shall acknowledge receipt of an Addendum within three (3)

11.6 To give pre-qualified Tenderers a reasonable time in which to take an

11.7 If an Addendum is issued when time remaining is less than one-third

14.3 The Employer may require Tenderers to provide more information

14.4 The Employer may also select in advance Nominated

14.5 The successful Tenderer shall under no circumstances assign the

14.6 Each Specialist Subcontractor shall complete the Specialist

CPTU-IMED PW5-OTM (International) 6

15.3 The national Tenderer qualifying for ‘domestic preference’, as

CPTU-IMED PW5-OTM (International) 8

CPTU-IMED PW5-OTM (International) 10

30.Extension of 30.1 In justified exceptional circumstances, prior to the expiration of the

30.4 Tenderers consenting in writing to the request made by the

30.5 Tenderers consenting in writing to the request as stated under ITT

31.2 Tenderers shall furnish as part of its Tender, in favour of the

CPTU-IMED PW5-OTM (International) 12

33.Authenticity 33.1 The authenticity of the Tender Security submitted by a Tenderer

33.2 If a Tender Security is found to be not authentic, the Tender which it

33.3 A Tender not accompanied by a valid Tender Security as stated

34.Return of 34.1 No Tender Securities shall be returned by the Tender Opening

34.3 Tender Securities of the non-responsive Tenders shall be returned

34.4 Tender Securities of the responsive Tenders shall be returned only

34.5 Tender Securities of the Tenderers not consenting within the

35.Forfeiture of 35.1 Tender Security may be forfeited, if a Tenderer:

CPTU-IMED PW5-OTM (International) 14

37.2 The inner and outer envelopes shall:

37.3 The Tenderer is solely and entirely responsible for pre-disclosure

37.4 Tenders shall be delivered by hand or by mail, including courier

37.5 Tenders shall be submitted on the basis of this Tender Document