Section1 - Instructions To Tenderers
Section1 - Instructions To Tenderers
Section1 - Instructions To Tenderers
A. General
1. Scope of Tender 1.1 The Procuring Entity named in the Tender Data Sheet (TDS) (hereinafter referred
to as the “PE”) wishes to issues these e-Tender Document (hereinafter referred to as
the “e-TD”) for the procurement of Works and physical services as specified in the
TDS and as detailed in section 6: Bill of Quantities. The name of the Tender and the
number
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 e-TD:
(a) “communication” means communication through e-GP System;
(b) “e-GP” means procurement by a PE using the electronic government procurement
system developed by the Government of Bangladesh;
(c) “day” means calendar days unless otherwise specified as working days;
(d) “date and time” means the date and time of e-GP System
(www.eprocure.gov.bd) hosted in CPTU, IMED, Dhaka, Bangladesh;
(e) "e-TD ", means the Document provided by a PE to a Tenderer as a basis for
preparation of its e-Tender through the e-GP System;
(f) “Person” means and includes an individual, body of individuals, sole proprietorship,
partnership, company, association or cooperative society registered with e-GP
system and wishes to participate in e-Procurement proceedings;
(g) "e-Tender", depending on the context, means a Tender submitted through e-GP
System by a Tenderer for execution of Works and physical services to a PE in
response to an Invitation for e-Tender;
(h) “Tenderer” means a Person who submits an e-Tender;
2.2 if the context so requires, singular means plural and vice versa;
3. Corrupt, Fraudulent, Collusive, 3.1 The Government and the Development Partner, if applicablerequires that the
Coercive (or Obstructive in case of Procuring Entity as well as the Tenderersand Contracts (includingsub-contractors,
Development Partner) Practices agents, personnel, consultants, and service providers)shall observe the highest
standard of ethics during implementation of procurement proceedings and the
execution of Contracts under public funds.
3.2 For the purposes of ITT Sub Clause 3.3, the terms set forth below as follows:
a. “corrupt practice” means offering, giving or promising to give, receiving, or soliciting
either directly or indirectly, to any officer or employee of the Procuring Entity or other
public or private authority or individual, a gratuity in any form; employment or any other
thing or service of value as an inducement with respect to an act or decision or
method followed by the Procuring Entity in connection with a Procurement proceeding
or Contract execution;
b. “fraudulent practice” means the misrepresentation or omission of facts in order to
influence a decision to be taken in a Procurement proceeding or Contract execution;
c. “collusive practice” means a scheme or arrangement between two (2) or more
Persons, with or without the knowledge of the Procuring Entity, that is designed to
arbitrarily reduce the number of Tenders submitted or fix Tender prices at artificial,
non-competitive levels, thereby denying the Procuring Entity the benefits of
competitive price arising from genuine and open competition;
d. “coercive practice” means harming or threatening to harm, directly or indirectly,
Persons or their property to influence a decision to be taken in the Procurement
proceeding or the execution of a Contract, and this will include creating obstructions in
the normal submission process used for Tenders.
e. “Obstructive practice” (applicable in case of Development Partner) means
deliberately destroying, falsifying, altering or concealing of evidence material to the
investigation or making false statements to investigators in order to materially impede
an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice;
and /or threatening, harassing or intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from pursuing the investigation.
3.3 Should any corrupt, fraudulent, collusive, coercive (or obstructive in case of
Development Partner) practice of any kind is determined by the Procuring Entity or
the Development Partner, if applicable, this will be dealt in accordance with the
provisions of the Public Procurement Act and Rules and Guidelines of the
Development Partners. In case of obstructive practice, this will be dealt in accordance
with Development Partners Guidelines.
3.6 In further pursuance of this policy, Tenderers, Contractors and their sub-
contractors, agents, personnel, consultants, service providers shall permit the
Government and the Development Partner to inspect any accounts and records and
other documents relating to the Tender submission and contract performance, and to
have them audited by auditors appointed by the Government and/or the Development
Partner during the procurement or the execution of that Development Partner financed
contract.
4. Eligible Tenderers 4.1 Tenderer must be registered in the e-GP system under appropriate user category
of procurement process in order to have appropriate access point and to get working
dashboard with authorized functions in e-GP System.
4.2 Invitation for Tenders is open to all potential Tenderers.
4.3 Tenderer shall have the legal capacity to enter into the Contract.
4.4 Tenderers and all parties constituting the Tenderer shall not have a conflict of
interest.
4.5 Tenderer in its own name or its other names or also in the case of its Persons in
different names, shall not be under a declaration of ineligibility for corrupt, fraudulent,
collusive or coercive practices as stated under ITT Clause 3.4 (or obstructive
practice, in case of Development Partner) in relation to the Development Partner’s
Guidelines in projects financed by Development Partner.
4.6 Tenderers shall not be insolvent, be in receivership, be bankrupt, be in the process
of bankruptcy, be not temporarily barred from undertaking business and it shall not be
the subject of legal proceedings for any of the foregoing.
4.7 Tenderer shall have fulfilled its obligations to pay taxes under the provisions of
laws and regulations of Bangladesh.
5. Disclaimer 5.1 Use of the e-GP System shall only be used for lawful purposes that do not
infringe the rights of or restrict or inhibit the use of the system by any third party. Such
restriction or inhibition includes, but is not limited to, conduct which is intended to
mislead, or is defamatory, or which may harass, cause distress or inconvenience to
any person and the transmission of obscene or offensive content or interruption of the
normal flow of content within the e-GP System.
B. Tender Document
6. Clarification of Tender Document 6.1 Clarification request must be posted through e-GP dashboard. Clarification
posted by fax / post / e-mail will not be entertained.
6.2 A prospective Tenderer requiring any clarification of the e-TD shall be allowed to
post clarification as stated under ITT Sub Clause 6.1 till the date and time as
specified in the TDS.
7. Addendum to Tender Document 7.1 At any time prior to the deadline for submission of Tenders, the PE on its own
initiative or in response to a clarification request posted on e-GP System from a
Tenderer, having purchased the e-TD may revise the e-TD by issuing an addendum.
7.2 The addendum corresponding to the e-Tender shall be posted in the e-GP System
and shall become an integral part of the e-TD. Afterwards amendment notification
through e-mail shall be sent to Tenderer who have purchased e-TD.
7.3 If an addendum is issued when time remaining is less than one-third of the time
allowed for the preparation of e-Tenders, PE shall extend the deadline by an
appropriate number of days for the submission of e-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) working days.
C. Qualification Criteria
8. General 8.1 Tenderer to be qualified by meeting predefined, precise minimum requirements,
which entails setting pass/fail criteria, which if not met by the Tenderer, shall be
considered as non-responsive.
8.2 To qualify for multiple number of contracts/lots in a package made up of this and
other individual contracts/lots for which tenders are invited in the Invitation for Tenders,
Tenderer shall demonstrate having resources sufficient to meet the aggregate of the
qualifying criteria for the individual contracts. The requirement of experience, unless
otherwise of different nature, under ITT Clause 9 shall not be separately applicable
for each individual lot
9. Experience Criteria 9.1 Tenderer shall have the construction experience of satisfactory completion of
similar works of a minimum value under a single or multiple numbers of contracts over
a period, as specified in the TDS.
10. Financial Criteria 10.1 Tenderer shall have the following minimum level of financial capacity to qualify for
the performance of the Works under the Contract.
(a) the average annual construction turnover as specified in the TDS during the
period specified in the TDS
(b) Availability of minimum liquid assets i.e. working capital or credit line(s) from
any Scheduled Bank, net of other contractual commitments of the amount as specified
in the TDS
E. e-Tender Submission
26. e-Lodgment 26.1 Tenderer shall submit the e-Tender through e-GP system and must be received
in completeness prior to the deadline for submission. Tenderer acknowledges the
receipt of the tender through the e-GP system.
26.2 The e-Tender lodged through e-GP system by the Tenderer is deemed for all
purposes to be the true and legal version, duly authorized and duly executed by the
Tenderer and intended to have binding legal effect. e-Signature / Digital Signature will
identify and authenticate the Tenderer.
26.3 Tender submitted online will be stored in encrypted form in the e-Tender box.
26.4 Authorization letter from the firm / company shall be attached with Tender
Submission Letter (Form e-PW2-1) to lodge the Tender.
26.5 Lodged Tender containing files those are corrupt or containing virus or are
unreadable for any reason, will not be considered.
27. Deadline for lodgement of e- 27.1 e-Tenders shall be lodged to the e-GP System no later than the date and time
Tender specified in the TDS.
27.2 Lodgement of large electronic file may take time and as such sufficient time must
be allowed to fully transmit all the files prior to the closing time.
27.3 PE may at its discretion on justifiably acceptable grounds duly recorded, extend
the deadline for submission of Tender as stated under ITT Sub Clause 36.1, in which
case all rights and obligations of the PE and Tenderers previously subject to the
deadline will thereafter be subject to the new deadline as extended.
27.4 e-Tenders lodged shall not be allowed to be withdrawn after the deadline for
submission.
28. e-Tender Substitution / 28.1 Tenderer shall be allowed to substitute / modify / withdraw its lodged tender
Modification / Withdrawal before tender submission deadline.
F. e- Tender Opening & e-Evaluation
29. e-Tender Opening 29.1 e-Tender opening process will be done by decrypt tender functionality as tenders
will be stored in time stamped electronic tender box with encryption.
29.2 Tender Opening Committee (TOC) shall open the tender within one hour after
tender submission deadline.
29.3 Tender Opening Reports (TORs) will be generated by the e-GP system. TOR
will be available after tender opening in the dashboard of the Tenderer. The official
cost estimate will be shown in TOR after Tender opening.
30. e-Evaluation Process 30.1 e-GP System will automatically generate the Tender Evaluation Reports (TERs)
to assist the TEC. TEC should review the TERs, confirms the compliance and
complete the TERs based on the criteria mentioned in e-TD
30.4 In case of tie for the evaluated price, the tenderer shall be selected based on the
“Past Performance Evaluation and rating matrix for different aspects” to be used in
assessing the Tenderer’s quality as stated below:
Past Performance Evaluation and rating matrix for different aspects
Aspect Aspect Point Score Remarks
No.
1 Total Number 140 Score 1 =(Number of Tenderers shall upload a
of Works Completed Contracts list of Successfully
Contract of the Completed Contracts (in
successfully Tenderer)*140/(Highest e-PW3-5 (A) ) during the
completed Number of Completed last 5 years under only
within only Contracts among the PE's organization
PE's Tenderers) supported by Completion
organization Certificates. A Contract
during last 5 not supported by
years Completion Certificate
shall not be taken into
evaluation.
TEC shall determine the
Total Number and Total
Value of Contracts from
the List as provided by
the Tenderers for which
the Contract Value of
each Contract is upto
+75% of the Official Cost
Estimate of the proposed
Work.
2 Total Value of 100 Score 2 =(Value of Tenderers shall upload a
Works Completed Contracts list of Successfully
Contract of the Completed Contracts (in
successfully Tenderer)*100/(Highest Form e-PW3-5 (A) )
completed Value of Completed during the last 5 years
within only Contracts among the under only PE's
PE's Tenderers) organization supported by
organization Completion Certificates.
during last 5 A Contract not supported
years by Completion Certificate
shall not be taken into
evaluation.
TEC shall determine the
Total Number and Total
Value of Contracts from
the List as provided by
the Tenderers for which
the Contract Value of
each Contract is upto
+75% of the Official Cost
Estimate of the proposed
Work.
3 Total Value of 60 Score 3 =(Value of Tenderers shall upload a
On-going On-Going Contracts list
works and and Current of On-going Contracts
Current Commitment(s) of the and Current
Commitment Tenderer)*60/(Highest Commitments (in Form-e-
(s) under all Value of On-Going PW3-5 (B)) under all
PEs Contracts and Current PEs organization
Organization Commitment(s) among supported by Contract
as shown in the Tenderers) Agreement / Notice to
Tender Proceed A Contract not
Capacity supported by Contract
Formula Agreement / Notice to
Proceed shall not be
taken into consideration.
Total Points 300 Total Score =Score
1+Score 2+Score 3
Notes:
1. If the total score of all the Tenderers become 0.00 (zero), the Tender shall be
rejected for Re-Tendering.
2. In very rare case of highest equal Total Scores, Winner shall be selected according
to Score 1, if Score 1 is same then Winner shall be selected according to Score 2.
Otherwise Tender shall be rejected for Re-Tendering.
31. Preliminary Examination 31.1 PE shall examine the Tenders to confirm that all documentation requested in ITT
Clause 14 has been provided, to determine the completeness of each document
submitted.
31.2 PE shall confirm that the following documents and information have been
provided in the tender. If any of these documents or information is missing, the
Tender shall be rejected.
(a) e-Tender Submission Letter;
(b) Priced Bill of Quantities;
(c) Written confirmation of authorization to submit the Tender; and
(d) Tender Security
31.3 Tenderers having quoted the tender price more than 10 (Ten) percent above or
below the official cost estimate, the tender will be rejected.
32. Technical Examination & 32.1 If a Tender is not responsive to the mandatory requirements set out in the e-TD,
Responsiveness shall not subsequently be made responsive by the Tenderer by correction of the
material deviation, reservation, or omission
32.2 There shall be no automatic exclusion of tenders which are above or below the
official estimate
32.3 TEC will examine the adequacy and authenticity of the documentary evidence as
stated under ITT Clause 17.
32.4 The TEC will further examine the terms and conditions specified in Section 7:
General Specifications and Section 8: Particular Specifications.
32.5 If after the examination, TEC determines that the Tender has complied the terms
and conditions and the technical aspects, set out in ITT Sub Clause 32.3 & 32.4, it
shall be considered responsive.
33. Clarification on Tender 33.1 TEC may ask Tenderers for clarifications of their Tenders through e-GP System,
in order to facilitate the examination and evaluation of the Tenders.
33.2 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.
33.3 If a Tenderer does not provide clarifications of its Tender by the date and time,
its Tender shall not be considered in the evaluation
33.4 Requests for clarification shall be through e-GP system and shall be sent only by
the Chairperson of the TEC.
34. Financial Evaluation 34.1 TEC shall evaluate each Tender that has been determined, up to this stage of
the evaluation, to be responsive to the requirements set out in the e-TD.
34.2 To evaluate a Tender, the TEC shall consider the Tender price.
34.3 Variations, deviations and other factors which are in excess of the requirements
of the e-TD or otherwise result in unsolicited benefits for the PE will not be taken into
account in e-Tender evaluation
35. Price Comparison 35.1 The TEC will compare all responsive Tenders to determine the lowest-evaluated
Tender, in accordance with ITT Clause 34.
35.2 The successful Tenderer as stated under ITT Sub Clauses 35.1 shall not be
selected through lottery under any circumstances
35.3 In the extremely unlikely event that there is a tie for the lowest evaluated price,
the Tenderer with the superior past performance of works with the Procuring Entity
and, if necessary with the other Procuring Entities, shall be selected, whereby factors
such as quality of Works executed, complaints history and performance as stated in
ITT sub clause 30.4 shall be selected.
36. Negotiations 36.1 No negotiations shall be held during the Tender evaluation or award with the
lowest or any other.
37. Post-qualification 37.1 The determination on Post-Qualification shall be based upon an examination of
the documentary evidence of the Tenderer’s qualifications submitted by the Tenderer,
pursuant to ITT Clause 17, clarifications in accordance with ITT Clause 33 and the
qualification criteria indicated in ITT Clauses 8 to 10. Factors not included therein shall
not be used in the evaluation of the Tenderer’s qualification.
37.2 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,
if the evaluated cost of the Tender is acceptable to the TEC.
G. e-Contract Award
38. Notification of Award 38.1 Prior to the expiry of the Tender Validity period and within seven (7) working
days of receipt of the approval of the award by the Approving Authority, the PE shall
issue the Notification of Award (NOA) to the successful Tenderer through e-GP
System.
39. Contract Signing 39.1 Within fourteen (14) working days of issuance of the NOA, the successful
Tenderer and the PE shall sign the contract.
40. Right to Complain 40.1 Tenderer has the right to complain in accordance with the Public Procurement
Act 2006 and the Public Procurement Rules, 2008