Guidance Notes On pw3 PPR Egp

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Standard e-TD e-PG3

Guidance Notes on the Use of


The Standard Tender Document (e-PW3)
These guidance notes have been prepared by the CPTU to assist a Procuring Entity in the
preparation of e-Tender Document, using the Standard e-Tender Document (STD), for the
procurement of Works and Physical services . The STD are prepared in consistent with the
Public Procurement Act 2006 and the Public Procurement Rule 2008 (PPR2008), issued to
supplement the Public Procurement Act 2006 and Bangladesh e-Government Procurement (e-
GP) Guidelines.
The use of STD (e-PW3) applies when a Procuring Entity intends to select a Tenderer (a
Contractor) for the Procurement of Works and physical services under Open Tendering Method
(OTM) through e-GP system. The contract award is being determined on the basis of lowest
evaluated responsive Tender and when a pre-qualification process has not taken place.
STD (e-PW3) 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.
The Procuring Entity 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 Procuring Entity and Tenderer
and as such the Procuring Entity should carefully decide what notes need to remain and what
other guidance notes might be required to assist Tenderer in preparing its Tender Submission;
so as to minimise the inept Tendering Process.
STD (e-PW3) 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
Procuring Entity can fairly, transparently and efficiently carry out a Tender evaluation process on
the Tenders submitted by the Tenderers.
The following briefly describes the Sections of STD (e-PW3) and how a Procuring Entity should
use these when preparing a particular e-TD.
Section 1. Instructions to Tenderer (ITT)
This Section provides information on the e-lodgement, opening, and evaluation of
Tenders and on the award of Contract. It specifies the instruction and procedure
that govern the tendering process. This Section also contains e-GP system
functions and the criteria to be used by the PE in order to determine the lowest
evaluated responsive Tender and the qualifications of the Tenderer to perform
the Contract
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 Procuring Entity shall specify in the
TDS only the information that the ITT instruct, be specified in the TDS.
Section 3. General Conditions of Contract (GCC)

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This Section provides the General Conditions of Contract that will apply to the
Contract for which the e-TD 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.
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 Procuring Entity
should include at the time of issuing the e-TD all information that the GCC
indicate, shall be provided in the PCC.
Section 5. Tender and Contract Forms
This Section provides the standard format for the Tender Submission Letter,
(Form e-PW3-1), Tenderer Information Form (e-PW3-2) and Tender Security
(Form e-PW3-5) to be submitted by the Tenderer.
This Section also contains the form of the Notification of Award (Form e-PW3-
6) and the Contract Agreement (Form e-PW3-7) 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 e-PW3-8),
Bank Guarantee for Advance Payment (Form e-PW3-9) and Bank Guarantee
for Refund of Retention Money (Form e-PW3-10), as and if applicable, are to
be completed and furnished by the successful Tenderer, when required.
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 Procuring Entity for each object
of procurement.
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.

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Section 5. e-Tender and e-Contract Forms


Forms e-PW3 -1 to e-PW3 -5 comprises part of the Tender Format and should be completed as
stated in ITT Clauses 24.

Forms e-PW3 -7 to e-PW3 -11 comprises part of the Contract as stated in GCC Clause 6.

Section 6. 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 Project
Manager and valued at the rates or prices quoted in the priced Bill of Quantities, where
applicable, and otherwise at such prices as the Project Manager 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
Procuring Entity of the realism of rates quoted by the Tenderers, the Daywork Schedule should
normally comprise the following:

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(a) a list of the various classes of labour, materials, and construction plant for which
basic Daywork 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 e-TD, it shall include nominal quantities
against the items most likely to be used and the unit prices quoted by the Tenderer shall remain
invariable whatever the quantities ordered .
A sample format of the Schedule has been suggested.

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.

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.

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.

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Standard e-TD e-PG3

Section 7. General Specifications (GS)

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 Project Manager 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.

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Section 8. 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

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.

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