2019 10 15 17 21 59 PG4, Updated October 2019

PE can use this Standard Tender Document
(STD) for their Tender preparation. During

preparation of Tender, if any problem/
confusions 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]
GOVERNMENT OF THE PEOPLE’S REPUBLIC OF

BANGLADESH
Standard Tender Document (STD)

For Procurement of Goods (International)
Open Tendering Method
(For any value)
Central Procurement Technical Unit

Implementation Monitoring and Evaluation Division
Ministry of Planning
October, 2019 PG4

Standard Tender Document PG4
Guidance Notes on the Use of

The Standard Tender Document
These guidance notes have been prepared by the CPTU to assist a Procuring Entity
(Purchaser) in the preparation, using the Standard Tender Document (STD), for the
procurement of Goods and Related Services. The Purchaser should also refer to the Public
Procurement Act 2006 and the Public Procurement Rule 2008 (PPR2008), issued to
supplement the ACT, available on CPTU’s website www.cptu.gov.bd/. All concerned are
advised to refer to the aforementioned Act and Rules, in particular Section 33 and Rule 83
respectively, while participating in any Tendering process.
The use of STD (PG4) applies when a Procuring Entity wishes to select a Tenderer (a
Supplier) for the supply of Goods and Related Services under Open Tendering Method
(OTM) in international competition for which the Contract award is being determined on the
basis of the lowest evaluated responsive Tender.
STD (PG4) is based upon internationally acceptable model formats, which have been
adapted to suit the particular needs of procurement for Bangladesh. STD (PG4) has 8
Sections, of which Section 1 (Instructions to Tenderers) and Section 3 (General Conditions
of Contract) shall not be altered or modified under any circumstances. The Invitation for
Tenders (IFT) is provided in the Tender Document for information only.
The way in which a Purchaser addresses its specific needs is 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 Schedule of
Requirements, the Technical Specifications and/or the Drawings.
Guidance notes in brackets and italics are provided for both the Purchaser and the Tenderer
and the Purchaser 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 an inept Tendering process.
STD (PG4), provides all the information that a Tenderer needs in order to prepare and
submit a Tender. This should provide a sound basis on which a Purchaser can fairly,
transparently and accurately carry out a Tender evaluation process on the Tenders
submitted by the Tenderers.
The following briefly describes the Sections of the STD (PG4) and how a Purchaser 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 Instructions to Tenderer (ITT) specify the instruction and procedure that
govern the tendering process. This Section also contains the criteria to be
used by the Purchaser in order to determine the lowest evaluated responsive
Tender and the qualifications of the Tenderer to perform the Contract. The
Instructions to tenderer are not a Contract document and, therefore , are not a
part of the Contract.
The text of the clauses in this Section shall not be modified.
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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 Purchaser shall specify in the TDS only the information that the ITT
instruct, be specified in the TDS.
To facilitate the preparation of the TDS, its clause numbers are numbered
with the same numbers of 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 identify 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.
The GCC is a Contract document and, therefore, is a part of the Contract.
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 Purchaser 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 form for the Tender Submission Letter
(Form PG4-1), Tenderer information sheet (PG4-2), Price Schedule
(Form PG4-3A, 3B, 3C & PG4-3D ), Specifications Submission and
compliance sheet (Form PG4-4), Manufacturer’s Authorisation Letter
(Form PG4-5), Bank Guarantee for Tender Security (Form PG4-6) and
Bank’s Letter of Commitment for Line of Credit (PG4-6A) to be submitted by
the Tenderer.
This Section also contains the form of the Notification of Award (Form PG4-
7) and Contract Agreement (Form PG4-8), 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 of Bank Guarantee for Performance Security (Form PG4-9) and
Bank Guarantee for Advance Payment Security (Form PG4-10) if
applicable, are to be submitted by the successful Tenderer.
ii
Section 6. Schedule of Requirements
This Section provides the List of Goods and Delivery Schedule and List of
Related Services and Completion Schedule and must be carefully prepared
by a Purchaser for each object of procurement.
The purpose of the Schedule of Requirements is to provide information to
enable the tenderer to prepare the their tenders accurately, in particular, the
Price Schedule, for which the Price Schedule (Form PG4-3A, 3B, 3C & PG4-
3D ) is provided.
The Schedule of Requirements, together with the Price schedule, should

serve as a basis in the event of quantity variation at the time of award of
contract as stated under ITT Clause 61.
Section 7. Technical Specifications
This Section provides the detailed Technical Specifications that describe the
Goods and Related Services to be procured.
Section 8. Drawings
This Section contains any Drawings that supplement the Technical

Specifications for the Goods and Related Services to be procured.
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[ enter here the name and address of the Purchaser]
TENDER DOCUMENT
FOR THE PROCUREMENT OF GOODS (International)
[enter here the nature of the goods and related services to be

procured]
Invitation for Tender No:

Issued on:
Tender Package No:
iv
Table of Contents
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....................................................................................................... 3
6. Eligible Goods and Related Services........................................................................4
7. Site Visit....................................................................................................................... 4
B. Tender Document.........................................................................................................5
8. Tender Document: General........................................................................................5
9. Clarification of Tender Documents............................................................................5
10. Pre-Tender Meeting..................................................................................................... 5
11. Addendum to Tender Documents..............................................................................6
C. Qualification Criteria....................................................................................................6
12. General Criteria........................................................................................................... 6
13. Litigation History......................................................................................................... 7
14. Experience Criteria...................................................................................................... 7
15. Financial Criteria......................................................................................................... 7
16. Appointment of Subcontractor........................................................................................7
D. Tender Preparation......................................................................................................8
17. Only One Tender......................................................................................................... 8
18. Cost of Tendering........................................................................................................ 8
19. Issuance and Sale of Tender Document...................................................................8
20. Language of Tender.................................................................................................... 8
21. Contents of Tender..................................................................................................... 9
22. Alternatives................................................................................................................ 10
23. Tender Prices, Discounts.............................................................................................. 10
24. Tender Currency........................................................................................................ 13
25. Documents Establishing the Conformity of the Goods and Related services.....13
26. Documents Establishing Qualifications of the Tenderer.......................................13
27. Validity Period of Tender......................................................................................... 14
28. Extension of Tender Validity and Tender Security.................................................14
29. Tender Security......................................................................................................... 14
30. Form of Tender security.........................................................................................14
31. Authenticity of Tender Security...............................................................................15
32. Return of Tender Security........................................................................................15
33. Forfeiture of Tender Security........................................................................................ 15
34. Format and Signing of Tender.................................................................................16
E. Tender Submission....................................................................................................16
35. Sealing, Marking and Submission of Tender..........................................................16
36. Deadline for Submission of tenders........................................................................17
37. Late tender................................................................................................................. 17
38. Modification, Substitution or Withdrawal of Tenders...........................................17
39. Tender Modification.................................................................................................. 17
40. Tender Substitution.................................................................................................. 18
41. Withdrawal of Tender................................................................................................ 18
F. Tender Opening and Evaluation...............................................................................18
42. Tender Opening......................................................................................................... 18
702269551.docx v
43. Evaluation of Tenders............................................................................................... 20
44. Evaluation process................................................................................................... 20
45. Preliminary Examination........................................................................................... 20
46. Technical Examinations & Responsiveness..............................................................21
47. Clarification on Tender............................................................................................. 22
48. Restrictions on the Disclosure of Information Relating to the Procurement
Process...................................................................................................................... 22
49. Correction of Arithmetical Errors............................................................................23
50. Conversion to Single Currency................................................................................23
51. Domestic Preference................................................................................................. 23
52. Financial Evaluation.................................................................................................. 24
53. Assessing the Price of Unpriced Items..................................................................25
54. Evaluation of Domestic Preference.........................................................................25
55. Price Comparison...................................................................................................... 26
56. Negotiation................................................................................................................. 26
57. Post-qualification...................................................................................................... 26
58. Rejection of All Tenders........................................................................................... 27
59. Informing Reasons for Rejection.............................................................................27
G. Contract Award...........................................................................................................27
60. Award Criteria............................................................................................................ 27
61. Purchaser’s Right to Vary Quantities......................................................................28
62. Notification of Award................................................................................................ 28
63. Performance Security............................................................................................... 28
64. Form and Time Limit for furnishing of Performance security...............................29
65. Validity of Performance Security.............................................................................29
66. Authenticity of performance Security.....................................................................29
67. Contract Signing....................................................................................................... 29
68. Publication of Notification of Award of Contract....................................................29
69. Debriefing of Tenderers............................................................................................30
70. Right to Complain..................................................................................................... 30
Section 2. Tender Data Sheet..............................................................................31
A. General........................................................................................................................31
B. Tender Document.......................................................................................................31
C. Qualification Criteria..................................................................................................32
D. Preparation of Tender................................................................................................33
E. Submission of Tender................................................................................................35
F. Opening and Evaluation of Tenders.........................................................................35
G. Award of Contract......................................................................................................36
Section 3. General Conditions of Contract........................................................37
1. Definitions.................................................................................................................. 37
2. Contract Documents................................................................................................. 38
3. Corrupt, Fraudulent, Collusive or Coercive Practices...........................................38
4. Interpretation............................................................................................................. 39
5. Documents Forming the Contract in order of precedence....................................40
6. Eligibility.................................................................................................................... 40
7. Governing Language................................................................................................ 40
8. Governing Law.......................................................................................................... 40
9. No fees/Gratuities...................................................................................................... 40
10. Use of Contract Documents & Information.............................................................41
11. Communications & Notices.......................................................................................... 41
12. Trademark, Patent and Intellectual Property Rights..............................................41
13. Copyright................................................................................................................... 41
14. Assignment................................................................................................................ 41
15. Sub contracting......................................................................................................... 41
vi
16. Supplier’s Responsibilities........................................................................................... 42

17. Purchaser’s Responsibilities........................................................................................42
18. Scope of Supply........................................................................................................ 42
19. Amendment to Order................................................................................................ 42
20. Instances When Amendment to Order May be Issued...........................................43
21. Adjustments in Contract Price and/or Delivery Schedule in Amendment to Order
.................................................................................................................................... 43
22. Packing and Documents...........................................................................................43
23. Delivery and Documents..........................................................................................44
24. Acceptance................................................................................................................ 44
25. Contract Price............................................................................................................ 44
26. Transportation............................................................................................................. 45
27. Terms of Payment..................................................................................................... 45
28. Insurance................................................................................................................... 45
29. Taxes and Duties....................................................................................................... 45
30. Performance Security............................................................................................... 46
31. Specifications and Standards..................................................................................46
32. Inspections and Tests............................................................................................... 46
33. Warranty..................................................................................................................... 47
34. Delays in Delivery and Extensions of Time.............................................................48
35. Liquidated Damages................................................................................................. 48
36. Limitation of Liability................................................................................................ 49
37. Change in Laws and Regulations............................................................................49
38. Definition of Force Majeure......................................................................................49
39. Notice of Force Majeure............................................................................................ 50
40. Duty to Minimise Delay............................................................................................. 50
41. Consequences of Force Majeure...................................................................................50
42. Termination for Default............................................................................................. 50
43. Termination for insolvency.......................................................................................51
44. Termination for Convenience...................................................................................51
45. Procedures for Termination of Contracts...............................................................52
46. Contract Amendment................................................................................................ 53
47. Settlement of Disputes............................................................................................. 53
Section 4. Particular Conditions of Contract.....................................................55
Section 5. Tender and Contract Forms..............................................................61
Tender Submission Letter (Form PG4 – 1)...................................................................62
Tenderer Information Sheet (Form PG4-2)....................................................................65
Price Schedule for Goods (Form PG4-3A)....................................................................67
Price Schedule for Goods (Form PG4-3B)....................................................................68
Price Schedule for Goods (Form PG4-3C)....................................................................69
Price and Completion Schedule - Related Services (Form PG4-3D)..........................70
Specifications Submission and Compliance Sheet (Form PG4-4).............................71
Manufacturer’s Authorisation Letter (Form PG4 - 5)...................................................72
Bank Guarantee for Tender Security (Form PG4 – 6)..................................................73
Bank’s Letter of Commitment for Line of Credit (PG4-6A)..........................................74
Notification of Award (Form PG4 - 7)............................................................................75
Contract Agreement (Form PG4 - 8)..............................................................................76
Bank Guarantee for Performance Security (Form PG4 – 9)........................................77
Bank Guarantee for Advance Payment (Form PG4 – 10)............................................78
702269551.docx vii
Section 6. Schedule of Requirements................................................................79
Section 7. Technical Specifications...................................................................81
Section 8. Drawings.............................................................................................82
viii
Section 1. Instructions to Tenderers

A. General
1. Scope of 1.1 The Purchaser named in the Tender Data Sheet (TDS) (hereinafter
Tender referred to as the “Purchaser”) wishes to issues these Tender
Documents for the supply of Goods, and Related Services incidental
thereto, as specified in the TDS and as detailed in Section 6:
Schedule of Requirements.
1.2 The name of the Tender and the number and identification of its
constituent lot(s) are stated in the TDS.
1.3 The successful Tenderer will be required to complete the delivery of

the goods and related services (when applicable) as specified in the
GCC Clause 18.
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;
and
(c) “day” means calendar days unless otherwise specified as working
days;
(d) “Person” means and includes an individual, body of individuals,
sole proprietorship, partnership, company, association or
cooperative society that wishes to participate in Procurement
proceedings;
(e) “Tenderer” means a Person who submits a Tender;
(f) "Tender Document ", means the Document provided by a
Purchaser to a Tenderer as a basis for preparation of its Tender;
(g) "Tender ", depending on the context, means a Tender submitted by
a Tenderer for delivery of Goods and Related Services to a
Purchaser in response to an Invitation for Tender ;
3. Source of 3.1 The Purchaser has been allocated public funds from the source as
Funds indicated in the TDS and intends to apply a portion of the funds to
eligible payments under the contract for which this Tender Document
is issued.
3.2 For the purpose of this provision, “public funds” means any funds
allocated to a Purchaser under Government budget, or loan, grants
and credits placed at the disposal of a Purchaser through the
Government by the development partners or foreign states or
organizations.
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 in accordance with the applicable
Loan/Credit/Grant Agreement, and will be subject in all respects to the
terms and conditions of that Agreement.
702269551.docx 1
4. Corrupt, 4.1 The Government requires that Procuring Entities, as well as Tenderers
Fraudulent, shall observe the highest standard of ethics during implementation of
Collusive or procurement proceedings and the execution of Contracts under public
Coercive funds.
Practices 4.2 The Government requires that Procuring Entities, as well as Tenderers
and Suppliers 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 (Act 24 of 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 or any other agents or
intermediaries working on its behalf engages in any practice as
detailed in ITT Sub Clause 4.3.
4.3 For the purposes of ITT Sub-clause 4.2 the terms set forth as bellows:
(a) corrupt practice means offering, giving or promising to give,
receiving, or soliciting, either directly or indirectly, to any officer or
employee of a Purchaser 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 Purchaser 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
Purchaser, that is designed to arbitrarily reduce the number of
Tenders submitted or fix Tender prices at artificial, non competitive
levels, thereby denying a Purchaser 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 a Procurement proceeding or the execution
of a Contract, and this will include creating obstructions in the
normal submission process used for Tenders.
(e) “obstructive practice” (applicable in case of Development
Partner) means deliberately destroying, falsifying, altering or
concealing of evidence material to the investigation or making false
statements to investigators in order to materially impede an
investigation into allegations of a corrupt, fraudulent, coercive or
collusive practice; and /or threatening, harassing or intimidating
any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation.
4.4 Should any corrupt, fraudulent, collusive or coercive practice of any kind
come to the knowledge of the Purchaser, 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 exclusion and
2
the reasons thereof, shall be recorded in the record of the

procurement proceedings and promptly communicated to the
Tenderer concerned. Any communications between the Tenderer and
the Purchaser related to matters of alleged fraud or corruption shall be
in writing.
4.5 If corrupt, fraudulent, collusive or coercive practices of any kind
determined by the Purchaser against any Tenderer alleged to have
carried out such practices, the Purchaser 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.
4.6 The Tenderer 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 and others as stated in GCC Clause 3.
5. Eligible 5.1 This Invitation for Tenders is open to eligible Tenderers from all
Tenderers countries, except for any specified in the TDS. A Tenderer will be
eligible if it is a citizen, or is constituted, registered and operates in
conformity with the provisions of the laws of that country.
5.2 A Tenderer may be a physical or juridical individual or body of

individuals, or company, association invited to take part in public
procurement or seeking to be so invited or submitting a Tender in
response to an Invitation for Tenders.
5.3 Government-owned enterprises in Bangladesh shall be eligible only if

they can establish that they (i) are legally and financially autonomous,
(ii) operate under commercial law, and (iii) are not a dependent
agency of the Purchaser.
5.4 Tenderers shall have the legal capacity to enter into the Contract. A
Tenderer that is under a declaration of ineligibility by the Government
of Bangladesh in accordance with applicable laws at the date of the
deadline for Tender submission or thereafter shall be disqualified.
5.5 Tenderers and all parties constituting the Tenderer shall not have a
conflict of interest pursuant to Rule 55 of the Public Procurement
Rules, 2008.
5.6 Tenderers in its own name or its other names or also in the case of its
Persons in different names, shall not be under a declaration of
ineligibility for corrupt, fraudulent, collusive, coercive practices as
stated under ITT Sub Clause 4.3 (or obstructive practice, in case of
Development Partner) in relation to the Development Partner’s
Regulation/Guidelines in projects financed by Development Partner.
5.7 Tenderers are not restrained or barred from participating in public

Procurement on grounds of execution of defective supply in the past
702269551.docx 3
under any Contract.
5.8 Tenderers are not under a declaration of ineligibility by an international

financing agency such as World Bank, Asian Development Bank or
any other international agency.
5.9 Tenderers shall not be insolvent, be in receivership, be bankrupt, be in

the process of bankruptcy, be not temporarily barred from undertaking
business and it shall not be the subject of legal proceedings for any of
the foregoing.
5.10 Tenderers shall have fulfilled its obligations to pay taxes and social
security contributions under the provisions of laws and regulations of
the country of its origin. In the case of foreign Tenderers, a certificate
of competent authority in that country of which the Tenderer is citizen
shall be provided.
5.11 Tenderers shall provide such evidence of their continued eligibility

satisfactory to the Purchaser, as the Purchaser will reasonably
request.
5.12 These requirements for eligibility will extend, as applicable, to Sub-

contractor proposed by the Tenderer.
6. Eligible Goods 6.1 All goods and related services to be supplied under the contract are
and Related eligible, unless their origin is from a country specified in the TDS.
Services
6.2 For purposes of this Clause, the term “goods” includes commodities, raw
material, machinery, equipment, and industrial plants; and “related
services” includes services such as insurance, transportation, installation,
and commissioning, training, and initial maintenance.
6.3 For purposes of this clause, “origin” means the country where the goods
have been mined, grown, cultivated, produced, manufactured or
processed; or through manufacture, processing, or assembly, another
commercially recognized article results that differs substantially in its
basic characteristics from its components.
6.4 The origin of goods and services is distinct from the nationality of the
Tenderer. The nationality of the firm that produces, assembles,
distributes, or sells the goods shall not determine their origin.
7. Site Visit 7.1 For goods contracts requiring installation/ commissioning/ networking or
similar services at site, the Tenderer, at the Tenderer’s own
responsibility and risk, is encouraged to visit and examine the Site and
obtain all information that may be necessary for preparing the Tender
and entering into a contract for the supply of goods and related
services.
7.2 The Tenderer should ensure that the Purchaser is informed of the visit in
adequate time to allow it to make appropriate arrangements.
7.3 The costs of visiting the Site shall be at the Tenderer’s own expense.
4
B. Tender Document
8. Tender 8.1 The Sections comprising the Tender Document are listed below and
Document: should be read in conjunction with any addendum issued under ITT
General 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 Schedule of Requirements
 Section 7 Technical Specifications
 Section 8 Drawings
8.2 The Purchaser shall reject any Tender if the Tender Document was not
purchased directly from the Purchaser, or through its agent as stated
in the TDS.
8.3 The Tenderer is expected to examine all instructions, forms, terms, and
specifications in the Tender Document as well as addendum to Tender
Documents.
9. Clarification of 9.1 A prospective Tenderer requiring any clarification of the Tender Document
Tender shall contact the Purchaser in writing at the Purchasers address
Documents indicated in the TDS before two-third of time allowed for preparation and
submission of Tender elapses.
9.2 A Purchaser is not obliged to answer any clarification received after that
date requested under ITT Sub-Clause 9.1.
9.3 The Purchaser 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 Purchaser shall forward copies of its response to all those who have
purchased the Tender Document, including a description of the enquiry
but without identifying its source.
9.5 Should the Purchaser deem it necessary to amend the Tender

Document as a result of a clarification, it shall do so following the
procedure under ITT Clause 11.
10. Pre-Tender 10.1 To clarify issues and to answer questions on any matter arising in the
Meeting Tender Document, the Purchaser may, if stated in the TDS, hold a Pre-
Tender Meeting at the place, date and time as specified in the TDS. All
Potential Tenderers are encouraged 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 one week (7 days) after
holding the meeting to all those who purchased the Tender Document
and even those who did not attend the meeting.
702269551.docx 5
10.3 Any amendment to the Tender Document listed in ITT Sub-Clause 8.1
that may become necessary as a result of the pre-Tender meeting shall
be made by the Purchaser exclusively through the issue of an
Addendum as stated under ITT Sub-Clause 11 and not through the
minutes of the pre-Tender meeting.
10.4 Non-attendance at the pre-Tender meeting will not be a cause for

disqualification of a Tenderer.
11. Addendum to 11.1 At any time prior to the deadline for submission of Tenders, the
Tender Purchaser on its own initiative or in response to a clarification request in
Documents writing from a Tenderer, having purchased the Tender Document or as a
result of a Pre-Tender meeting, may revise the Tender Document by
issuing an addendum pursuant to Rule 95 of the Public Procurement
Rules, 2008.
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 shall be circulated by fax, mail or e-mail, to
Tenderers who have purchased the Tender Documents within five (5)
working days of issuance of such addendum, to enable Tenderers to
take appropriate action.
11.3 The Tenderer shall acknowledge receipt of an addendum.
11.4 Tenderers who have purchased the Tender Documents but have not
received any addendum issued under ITT Sub-clause 11.1 shall inform
the Purchaser of the fact by fax, mail or e-mail before two-third of the
time allowed for the submission of Tenders has elapsed.
11.5 Procuring Entities shall also ensure posting of relevant addenda with
the reference number and date on their website.
11.6 To give a prospective Tenderer reasonable time in which to take an

amendment into account in preparing its Tender, the Purchaser may,
at its discretion, extend the deadline for the submission of Tenders,
pursuant to Rule 95(6) of the Public Procurement Rule, 2008 and
under ITT Clause 36.
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 Purchaser 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 seven (7) days.
C. Qualification Criteria
12. General 12.1 The Purchaser requires the Tenderer to be qualified by meeting
Criteria predefined, precise minimum requirements, which entails setting
pass/fail criteria, which if not met by the Tenderer, will result in
rejection of its Tender.
12.2 In addition to meeting the eligibility criteria, as stated in ITT Clause 5,

the Tenderer must satisfy the other criteria stated in ITT Clauses 13 to
6
15 inclusive.
12.3 To qualify for a multiple number of lots in a package for which tenders
are invited in the Invitation for Tenders, The Tenderer shall
demonstrate having resources and experience sufficient to meet the
aggregate of the qualifying criteria for the individual lot. The
requirement of overall experience and specific experience under ITT
Sub-Clause 14.1 (a) and 14.1 (b) shall not be separately applicable for
individual lot.
13. Litigation 13.1 The maximum number of arbitration awards against the Tenderer over
History a period shall be as specified in the TDS.
14. Experience 14.1 Tenderers shall have the following minimum level of supply experience
Criteria to qualify for supplying the Goods and Related Services under the
contract:
(a) A minimum number of years of overall experience in the supply
of goods and related services as specified in the TDS;
(b) Specific experience of satisfactory completion of supply of
Goods similar to the proposed goods in at least a number of
contract(s) and, each with a minimum value, over the period, as
specified in TDS; and
(c) A minimum supply and/or production capacity of Goods as

specified in the TDS.
15. Financial 15.1 Tenderers shall have the following minimum level of financial capacity
Criteria of qualify for the supply of goods under the contract:
(a) Availability of minimum liquid assets or working capital or credit

facilities from a Bank, as specified in the TDS.
16. Appointment of 16.1 Tenderer, pursuant to Rule 53 of the PPR2008, is allowed to sub-
Subcontractor contract a portion of the Supply.
16.2 The Tenderer shall specify in its Tender all portion of the Goods that
will be Subcontracted, if any, including the entity(ies) to whom each
portion will be subcontracted to, subject to the maximum allowable limit
for subcontracting of Goods specified in the TDS.
16.3 All subcontracting arrangement must be disclosed at the time of

Tendering, and subcontractors must be identified in the Tender
submitted by Tenderer.
16.4 A Subcontractor may participate in more than one Tender, but only in
that capacity.
16.5 Subcontractors must comply with the provision of ITT Clause 5. For
this purpose contractor shall complete the Subcontractor’s information
in Form PG4-2A for submission with tender.
16.6 If the Purchaser determines that a subcontractor is ineligible, the

subcontracting of such portion of the Goods assigned to the ineligible
702269551.docx 7
subcontractor shall be disallowed.
D. Tender Preparation
17. Only One 17.1 If a Tender for Goods is invited on ‘lot-by-lot’ basis, each lot shall
Tender constitute a Tender. A Tenderer shall submit only one (1) Tender for
each lot, A Tenderer who submits or participates in more than one (1)
Tender for each lot will cause all the Tenders with that Tenderer’s
participation to be rejected.
18. Cost of 18.1 Tenderers shall bear all costs associated with the preparation and
Tendering submission of its Tender, and the Purchaser shall not be responsible
or liable for those costs, regardless of the conduct or outcome of the
Tendering process.
19. Issuance and 19.1 A Purchaser, pursuant to Rule 94 of the Public Procurement Rules,2008
Sale of Tender shall make Tender Documents available immediately to the potential
Document Tenderers, requesting and willing to purchase at the corresponding
price if the advertisement has been published in the newspaper pursuant
to Rule 90 of the Public Procurement Rules,2008.
19.2 Full contact details with mailing address, telephone and facsimile
numbers and electronic mail address, as applicable, of those to whom
Tender Documents have been issued shall be recorded with a
reference number by the Purchaser or its agent.
19.3 There shall not be any pre-conditions whatsoever, for sale of Tender
Document and the sale of such Document shall be permitted up to the
day prior to the day of deadline for the submission of Tender.
20. Language of 20.1 Tenders shall be written in English language. Supporting documents and
Tender printed literature furnished by the Tenderer may be in another language
provided they are accompanied by an accurate translation of the relevant
passages into the English language, in which case, for purposes of
interpretation of the Tender, such translation shall govern.
20.2 Tenderers shall bear all costs of translation to the governing language
and all risks of the accuracy of such translation.
21. Contents of 21.1 The Tender prepared by the Tenderer shall comprise the following:
Tender
(a) Tender Submission Letter (Form PG4-1) as furnished in Section
5: Tender and Contract Forms;
(b) Tenderer information sheet (Form PG4-2) and Subcontractor
Information (Form PG4-2A) as furnished in Section 5: Tender
and Contract Forms;
(c) The completed Price Schedule for Goods and Related Services
(Form PG4-3A, 3B, 3C and PG4-3D) as furnished in Section 5:
Tender and Contract Forms as stated under ITT Clauses 23 and
24;
(d) Tender Security as stated under ITT Clause 29,30 and 31;
(e) The completed Specifications Submission and Compliance
Sheet (Form PG4-4) as furnished in Section 5: Tender and
Contract Forms as stated under ITT clause 25.2;
8
(f) Alternatives, if permitted, as stated under with ITT Clause 22;

(g) Written confirmation authorising the signatory of the Tender to
commit the Tenderer, as stated under ITT Sub-Clause 34.3;
(h) The completed eligibility declarations, to establish its eligibility as
stated under ITT Clause 5, in the Tender Submission Sheet (Form
PG4-1), as furnished in section 5: Tender and Contract Forms;
(i) An affidavit confirming the legal capacity stating that there are no
existing orders of any judicial court that prevents either the
Tenderer or employees of a Tenderer entering into or signing a
Contract with the Purchaser as stated under ITT clause 5;
(j) An affidavit confirming that the Tenderer is not insolvent, in
receivership or not bankrupt or not in the process of bankruptcy,
not temporarily barred from undertaking their business for
financial reasons and shall not be the subject of legal
proceedings for any of the foregoing as stated under ITT Clause
5;
(k) A certificate issued by the competent authority stating that the
Tenderer is a Tax payer having valid Tax identification Number
(TIN) and VAT registration number or in lieu any other document
acceptable to the Purchaser demonstrating that the Tenderer is
a genuine Tax payer and has a VAT registration number as a
proof of fulfillment of taxation obligations as stated under ITT
Clause 5. In the case of foreign Tenderers, a certificate of
competent authority in that country of which the Tenderer is
citizen shall be provided ;
(l) Documentary evidence demonstrating that they are enrolled in
the relevant professional or trade organizations registered in
Bangladesh or in case of foreign tenderer in their country of
origin or a certificate concerning their competency issued by a
professional institution in accordance with the law of the country
of their origin, as stated under ITT Clause 5;
(m) The country of origin declarations, to establish the eligibility of
the Goods and Related Services as stated under ITT Clause 6,
in the Price Schedule for Goods and Related Services (Form
PG4-3B, 3C and PG4-3D) as, applicable, furnished in Section 5:
Tender and Contract Forms;
(n) Documentary evidence as stated under ITT Clauses 25, that the
Goods and Related Services conform to the Tender Documents;
(o) Documentary evidence as stated under ITT Clause 26 that the
Tenderer’s qualifications conform to the Tender Documents;
(p) Documents establishing legal and financial autonomy and
compliance with commercial law, as stated under ITT Sub-clause
5.3 in case of government owned entity; and
(q) Any other document as specified in the TDS.
21.2 The Tenderer shall submit the Tender Submission Letter (Form PG4-1)
as furnished in Section 5: Tender and Contract Forms. This form must be
completed without any alterations to its format, and no substitutes shall
702269551.docx 9
be accepted. All blank spaces shall be filled in with the information
requested.
21.3 The Tenderer shall submit the completed Price Schedule for Goods and
Related Services (Form PG4-3A, 3B, 3C and PG4-3D), according to their
origin as appropriate as furnished in section 5: Tender and Contract
Forms.
22. Alternatives 22.1 Unless otherwise stated in the TDS, alternatives shall not be considered.
23. Tender Prices, 23.1 The prices and discounts quoted by the Tenderer in the Tender
Discounts Submission Letter (Form PG4-1) and in the Price Schedule (Form
PG4-3A, 3B, 3C and PG4-3D) shall conform to the requirements
specified below.
23.2 All lots or items as listed in Section 6: Schedule of Requirements must

be listed and priced separately on the Price Schedule following the
Form PG4-3A, 3B, 3C and PG4-3D as applicable.
23.3 Tenders are being invited either for a single lot or for a number of lots
on ‘lot-by-lot’ basis, as specified in the TDS.
23.4 Each lot shall constitute a Tender, If Tenders for Goods are invited on
‘lot-by-lot’ basis.
23.5 Tenders being invited for a single lot or for a number of lots on ‘lot-by-
lot’ basis, price quoted shall correspond to 100% of the items
specified for each lot and to 100% of the quantities specified for each
item of that particular lot and shall correspond to 100% of the total
offered lot value, unless otherwise stated in the TDS
23.6 A Lot Tender not offering minimum number of items of those being
priced based on percentage of the total number of items, and, the
corresponding minimum value based on percentage of the total lot
value, as specified in the ITT Sub-Clause 23.5 shall also be
considered non-responsive.
23.7 Subject to ITT Sub-Clause 23.5, a Lot tender not offering a particular
item which represents more than fifty percent (50%) of the estimated
lot value identified by the Purchaser and specified in the TDS, even if
it complies with the requirement of minimum number of items based
on percentage of the total number of items as stated under ITT Sub
Clause 23.5, shall be considered non-responsive.
23.8 The price to be quoted in Tender Submission Letter (Form PG4-1)

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
23.9 a) Tenderers shall quote any unconditional discount in the Tender

Submission Letter as stated under ITT Sub Clause 23.9 (b);
b) Tenderers wishing to offer any unconditional discount shall be
equally applicable on all the items of price schedule after arithmetical
correction.
10
23.10 Prices shall be quoted as specified in each Price Schedule (Form

PG4-3A, 3B, 3C and PG4-3D) as applicable. The dis-aggregation of
price components is required solely for the purpose of facilitating the
comparison of tenders by the Purchaser. This shall not in any way
limit the Purchaser’s right to contract on any of the terms offered. In
quoting prices, the Tenderer shall be free to use transportation
through carriers registered in any eligible Countries. Similarly, the
Tenderer may obtain insurance services from any eligible country.
Prices shall be entered in the following manner:
23.11 For Goods, manufactured within Bangladesh, the prices in the Price
schedule (Form PG4-3A) shall be entered separately in the following
manner:
(a) the price of the Goods quoted EXW (ex works, ex factory, ex
warehouse, ex showroom, or off-the-shelf, as applicable),
including all customs duties and import vat and other taxes
already paid or payable on the components and raw material
used in the manufacture or assembly of the Goods;
(b) VAT payable on account of supplier, if the contract is awarded ;
and
(c) the price for inland transportation, insurance, and other local costs
for the delivery of the Goods to their final destination (Project Site)
specified in the TDS.
23.12 For Goods, manufactured outside Bangladesh, to be imported, the prices

in the Price schedule (Form PG4-3B) shall be entered separately in the
following manner:
(a) the price of the Goods, quoted CIP (named place of destination,
in the Bangladesh ) or CIF (named port of destination, in
Bangladesh) as specified in the TDS;
(b) VAT payable on account of supplier, if the contract is awarded;

and
(c) the price for inland transportation, insurance, and other local costs
for the delivery of the Goods to their final destination (Project Site)
specified in the TDS;
(d) in addition to the CIP/CIF prices specified in 23.12(a) above, the

price of the Goods to be imported may be quoted in other
INCOTERM and shall be governed by the rules prescribed in the
current edition of INCOTERM published by the International
Chamber of Commerce, Paris, if so specified in the TDS;
23.13 For Goods, manufactured outside Bangladesh, already imported, the

prices in the Price schedule (Form PG4-3C) shall be entered separately
in the following manner:
(a) the price of the Goods, including the original import value of the
Goods; plus any mark-up ; plus any other related local cost, and
custom duties, import VAT and other import taxes already paid on
the Goods already imported.
702269551.docx 11
(b) the custom duties, import VAT and other import taxes already
paid (need to be supported with documentary evidence) on the
Goods already imported;
(c) the price of the Goods, obtained as the difference between (a)
and (b) above;
(d) VAT payable on account of supplier, if the contract is awarded;

and
(e) the price for inland transportation, insurance, and other local
costs for the delivery of the Goods to their final destination
(Project Site) specified in the TDS.
[For previously imported Goods, the quoted price shall be distinguishable from the
original import value of these Goods declared to customs and shall include any
rebate or mark-up of the local agent or representative and all local costs except
import duties and taxes, which have been paid. For clarity the tenderers are asked
to quote the price including import duties, and additionally to provide the import
duties and the price net of import duties which is the difference of those values.]
23.14 for Related Services, other than inland transportation and other services
required to convey the Goods to their final destination, whenever such
Related Services are specified in the Schedule of Requirements, the
prices in the price schedule (Form PG4-3D) shall be entered in the
following manner :
(a) the price of each item comprising the Related Services (inclusive
of any applicable taxes).
24. Tender 24.1 For expenditures that will be incurred in Bangladesh, the Tenderer
Currency shall quote the prices in Bangladeshi Taka (BDT).
24.2 Suppliers offering Goods manufactured or assembled in Bangladesh,

are permitted to submit their Tender in a combination of local and
foreign currencies.
24.3 For expenditures that will be incurred outside Bangladesh, the

Tenderer may quote the prices in USD or GBP or EUR or JPY as
specified in TDS.
25. Documents 25.1 To establish the conformity of the Goods and Related Services to the
Establishing the Tender Documents, the Tenderer shall furnish as part of its Tender the
Conformity of documentary evidence that the Goods and Related services conform to
the Goods and the technical specifications and standards in Section 7, Technical
Related Specifications.
services
25.2 Documentary evidence of conformity of the Goods and services to the
Tender Documents may be in the form of literature, drawings, and data,
and shall consist of:
(a) a detailed description of the essential technical and performance
characteristics of the Goods;
(b) if so required in TDS, tenderer shall also furnish a list giving full
particulars, including available sources and current prices of spare
parts, special tools, etc., necessary for the proper and continuing
functioning of the Goods during the period specified in the TDS,
12
following commencement of the use of the Goods by the

Purchaser ; and
(c)an item-by-item commentary on the Purchaser’s Technical
Specifications demonstrating substantial responsiveness of the
Goods and Related services to those specifications, or a
statement of deviations and exceptions to the provisions of
Section 7. Technical Specifications.
26. Documents 26.1 The documentary evidence of the Tenderer’s qualifications to perform the
Establishing contract if its Tender is accepted shall establish to the Purchaser’s
Qualifications satisfaction:
of the Tenderer
(a) that the Tenderer meets each of the qualification criterion specified
in Sub-Section C, Qualification Criteria of the ITT;
(b) that, if required in the TDS, a Tenderer that does not manufacture
or produce the Goods it offers to supply shall submit the
Manufacturer’s Authorization Letter (Form PG4-5) furnished in
Section 5: Tender and Contract Forms, to demonstrate that it has
been duly authorized by the manufacturer or producer of the
Goods to supply the Goods to Bangladesh.; and
(c) that, if required in the TDS, in case of a Tenderer not doing
business within Bangladesh, the Tenderer is or will be (if
awarded the contract) represented by an Agent in the country
equipped and able to carry out the Supplier’s maintenance.
(d) adequacy of minimum liquid assets i.e. working capital
substantiated by Audit Reports or Bank Statement or credit line(s)
substantiated in the format as specified (Form PG4-6A), without
alteration as stated under ITT Sub Clause 15.1(a);
27. Validity Period 27.1 Tender validities shall be determined on the basis of the complexity of
of Tender the Tender and the time needed for its examination, evaluation, approval
of the Tender and issuance of the Notification of Award pursuant to Rule
19 and 20 of the Public Procurement Rules,2008.
27.2 Tenders shall remain valid for the period specified in the TDS after the
date of Tender submission deadline prescribed by the Purchaser, as
stated under ITT Clause 36. A Tender valid for a period shorter than that
specified will be rejected by the Purchaser as non- responsive.
28. Extension of 28.1 In justified exceptional circumstances, prior to the expiration of the Tender
Tender Validity validity period, the Purchaser following Rule 21 of the Public
and Tender Procurement Rules, 2008 may solicit, not later than ten (10) days
Security before the expiry date of the Tender validity, compulsorily all the
Tenderers’ consent to an extension of the period of validity of their
Tenders.
28.2 The request for extension of Tender validity period shall state the new
date of the validity of the Tender.
28.3 The request from the Purchaser and the responses from the Tenderers
will be made in writing.
28.4 Tenderers consenting in writing to the request made by the Purchaser

under ITT Sub-Clause 28.1 shall also correspondingly extend the validity
702269551.docx 13
of its Tender Security for twenty-eight (28) days beyond the new date for
the expiry of Tender validity.
28.5 Tenderers consenting in writing to the request under ITT Sub-Clause 28.1
shall not be required or permitted to modify its Tender in any
circumstances.
28.6 If the Tenderers are not consenting in writing to the request made by the
Purchaser under ITT Sub-Clause 28.1, its Tender will not be considered
for subsequent evaluation.
29. Tender Security 29.1 The Tender Security and its amount shall be determined sufficient to
discourage the submission of frivolous and irresponsible tenders
pursuant to Rule 22 of the Public Procurement Rule,2008 and shall be
expressed as a rounded fixed amount and, shall not be stated as a
precise percentage of the estimated total Contract value.
29.2 The Tenderer shall furnish as part of its Tender, in favour of the
Purchaser or as otherwise directed on account of the Tenderer as
specified in TDS.
29.3 Amount of the Tender security may be determined on the basis of

different percentages for each lot, but the amount in fixed and currency
as specified in TDS, if so indicated that the Tenders are invited on lot-by-
lot basis under ITT Sub Clause 23.3
30. Form of 30.1 The Tender Security shall be in the form of an irrevocable bank
Tender security guarantee issued by an internationally reputable bank and shall require
to be endorsed by its any correspondent bank located in Bangladesh, to
make it enforceable, in the format (Form PG4-6) furnished in Section 5:
Tender and Contract Forms;
30.2 be payable promptly upon written demand by the Purchaser in the case
of the conditions listed in ITT Clause 33 being invoked; and
30.3 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 detailed under ITT Clause 33 and
pursuant to Rule 25 of the Public Procurement Rules,2008.
31. Authenticity of 31.1 The authenticity of the Tender security submitted by a Tenderer shall be
Tender Security examined and verified by the Purchaser in writing from the Bank issuing
the security, prior to finalization of the Evaluation Report pursuant to Rule
24 of the Public Procurement Rule, 2008.
31.2 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 Purchaser shall proceed to take punitive measures against that
Tenderer as stated under ITT Sub-Clause 4.6, pursuant to Rule 127 of
the Public Procurement Rules, 2008 and in accordance with Section
64(5) of the Public Procurement Act, 2006.
31.3 Tender not accompanied by a valid Tender Security as stated under Sub-
Clause 29, 30 and 31, shall be considered as non-responsive.
32. Return of 32.1 No Tender security shall be returned by the Tender Opening Committee
Tender Security
14
(TOC) during and after the opening of the Tenders pursuant to Rule 26 of
the Public Procurement Rules 2008.
32.2 No Tender security shall be returned to the Tenderers before contract

signing, except to those who are found non-responsive.
32.3 Tender securities of the non-responsive Tenders shall be returned

immediately after the Evaluation Report has been approved by the
Purchaser.
32.4 Tender securities of the responsive Tenderers shall be returned only after
the lowest evaluated responsive Tenderer has submitted the
performance security and signed the contract , that being even before
the expiration of the validity period specified in Clause 27.
32.5 Tender Securities of the Tenderers not consenting within the specified date in
writing to the request made by the Purchaser under ITT Sub-Clause 28.1 in
regard to extension of its Tender validity shall be discharged or returned
forthwith.
33. Forfeiture of 33.1 The Tender security pursuant to Rule 25 of the Public Procurement
Tender Security Rules,2008 may be forfeited if a Tenderer:
(a) withdraws its Tender after opening of Tenders but within the
validity of the Tender as stated under ITT Clauses 27,and 28,
pursuant to Rule 19 of the Public Procurement Rules 2008; or
(b) refuses to accept a Notification of Award as stated under ITT Sub-
Clause 62.3, pursuant to Rule 102 of the Public Procurement
Rules 2008; or
(c) fails to furnish performance security as stated under ITT Sub-
Clause 63.2, pursuant to Rule 102 of the Public Procurement
Rules 2008; or
(d) refuses to sign the Contract as stated under ITT Sub-Clause 67.2
pursuant to Rule 102 of the Public Procurement Rules 2008; or
(e) does not accept the correction of the Tender price following the
correction of arithmetic errors as stated under ITT Clause 49,
pursuant to Rule 98(11) of the Public Procurement Rules 2008
34. Format and 34.1 The Tenderer shall prepare one (1) original of the documents comprising the
Signing of Tender as described in ITT Clause 21 and clearly mark it “ORIGINAL”. In
Tender 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.
34.2 Alternatives, if permitted under ITT Clause 22, shall be clearly marked
“Alternative”.
34.3 The original and each copy of the Tender shall be typed or written in indelible
ink and shall be signed by a person duly authorised to sign on behalf of the
Tenderer. This authorisation shall consist of a written authorisation and shall
be attached to the Tender Submission Letter (Form PG4-1).
34.4 The name and position held by each person signing the authorisation must
702269551.docx 15
be typed or printed below the signature.
34.5 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.
34.6 Any interlineations, erasures, or overwriting shall be valid only if they are
signed or initialled by the person(s) signing the Tender.
34.7 Person(s) signing the Tender shall describe his or her name, address,
position.
E. Tender Submission
35. Sealing, 35.1 The Tenderer shall enclose the original in one (1) envelope and all the
Marking and copies of the Tender, including the alternative , if permitted under ITT Clause
Submission of 22 in another envelope, duly marking the envelopes as “ORIGINAL”
Tender “ALTERNATIVE” (if permitted) and “COPY.” These sealed envelopes will
then be enclosed and sealed in one (1) single outer envelope.
35.2 Tenders shall be properly marked by Tenderers in order not be confused

with other types of correspondence which may also be hand-delivered or
posted by mail or courier service. The inner and outer envelopes shall:
(a) bear the name and address of the Tenderer ;
(b) be addressed to the Purchaser as stated under ITT Sub-Clause 36.1;
(c) bear the specific identification of this tendering process indicated in
ITT Sub-Clause1.2 and any additional identification marks as
specified in the TDS; and
(d) bear a statement “DO NOT OPEN BEFORE…” the time and date
for Tender opening, as stated under ITT Sub- Clause 42.2
35.3 The Tenderer is solely and entirely responsible for pre-disclosure of

Tender information if the envelope(s) are not properly sealed and
marked.
35.4 Tenders shall be delivered by hand or by mail, including courier services
to location as designated in the ITT Sub-Clause 36.1.
35.5 Tenders shall be submitted on the basis of this Tender Document issued
by the Purchaser.
35.6 The Purchaser will, on request, provide the Tenderer with a receipt
showing the date and time when it’s Tender was received.
35.7 When so specified in the TDS, tenderers shall have the option of submitting
their tenders electronically.
35.8 Tenderers submitting tenders electronically shall follow the electronic tender
submission procedures specified in the TDS.
36. Deadline for 36.1 Tenders shall be delivered to the Purchaser at the address specified in the
Submission of TDS and no later than the date and time specified in the TDS.
tenders
16
36.2 The Purchaser 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 Purchaser
and Tenderers previously subject to the deadline will thereafter be subject to
the new deadline as extended.
37. Late tender 37.1 Any Tender received by the Purchaser after the deadline for submission of
Tenders as stated under ITT Sub-Clause 36.1, shall be declared LATE,
rejected, returned unopened to the Tenderer.
38. Modification, 38.1 A Tenderer may modify, substitute or withdraw its Tender after it has been
Substitution or submitted by sending a written notice duly signed by the authorised
Withdrawal of signatory properly sealed, and shall include a copy of the authorisation (the
Tenders power of attorney), confirmed by an affidavit duly authenticated as stated
under ITT Clause 34.3, provided that such written notice including the
affidavit is received by the Purchaser prior to the deadline for submission of
Tenders as stated under ITT Sub-Clause 36.1.
39. Tender 39.1 The Tenderer shall not be allowed to retrieve its original Tender, but shall
Modification be allowed to submit corresponding modification to its original Tender
marked as “MODIFICATION”.
40. Tender 40.1 The Tenderer shall not be allowed to retrieve its original Tender, but shall
Substitution be allowed to submit another Tender marked as “SUBSTITUTION”.
41. Withdrawal of 41.1 The Tenderer shall be allowed to withdraw its Tender by a Letter of
Tender Withdrawal marked as “WITHDRAWAL”.
F. Tender Opening and Evaluation

42. Tender Opening 42.1 Tenders shall be opened pursuant to Rule 97 following steps in Part D of
Schedule IV of The Public Procurement Rule, 2008.
42.2 Tenders shall be opened in public immediately after the deadline for
submission of Tenders at the place, date and time as specified in the TDS
but no later than ONE HOUR after expiry of the submission deadline.
Tender opening shall not be delayed on the plea of absence of Tenderers or
his or her representatives.
42.3 Any specific electronic Tender opening procedures required if electronic

tendering is permitted under ITT Sub-Clause 35.7, shall be as specified in
the TDS.
42.4 Persons not associated with the Tender may not be allowed to attend the
public opening of Tenders.
42.5 The Tenderers’ representatives shall be duly authorized 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.
42.6 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 based on documents
submitted under ITT Sub Clause 38.1.
42.7 Tenders will be opened in the following manner:
702269551.docx 17
(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 Purchaser at a later time
immediately after preliminary examination by the Tender
Evaluation Committee (TEC) as stated under ITT Sub-Clause
45.1. 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 “substitutes” or “modified” 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 Purchaser
at a later time immediately after preliminary examination by the
Tender Evaluation Committee (TEC) as stated under ITT Sub-
Clause 45.1 . 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.
42.8 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)
(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 Purchaser, at its discretion, may
consider appropriate.
(b) only discounts and alternative read aloud at the Tender opening
will be considered in evaluation;
(c) all pages of the original version of the Tender, except for un-
18
amended printed literature, will be initialled by members of the

Tender Opening Committee.
42.9 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 Purchaser 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.
42.10 The omission of a Tenderer’s signature on the record shall not invalidate
the contents and effect of the record under ITT Sub-Clause 42.8.
42.11 No Tender will be rejected at the Tender opening stage except the LATE
Tenders. .
42.12 A copy of the record shall be distributed to all Tenderers who submitted
tenders in time, and posted online when electronic tendering is permitted.
43. Evaluation of 43.1 Purchaser’s Tender Evaluation Committee (TEC) shall examine, evaluate
Tenders and compare Tenders that are responsive to the mandatory requirements
of Tender Documents in order to identify the successful Tenderer.
43.2 Tenders shall be examined and evaluated only on the basis of the criteria
specified in the Tender Document.
44. Evaluation 44.1 The TEC may consider a Tender as responsive in the Evaluation, only if it
process is submitted in compliance with the mandatory requirements set out in the
Tender Document. The evaluation process should begin immediately
after tender opening following four steps:
(a) Preliminary Examination;
(b) Technical Examinations and Responsiveness;
(c) Financial evaluation and price comparison;
(d) Post-qualification of the lowest evaluated responsive Tenders.
45. Preliminary 45.1 Compliance, adequacy and authenticity of the documentary evidences for
Examination meeting the qualification criterion specified in the corresponding section of
the Tender document shall have to be preliminarily examined and verified.
45.2 The TEC shall firstly examine the Tenders to confirm that all documentation
requested in ITT Clause 21 has been provided. Examination of the
compliance, adequacy and authenticity of the documentary evidence may
follow the order below:
(a) verification of the completeness of the eligibility declaration in the
Tender Submission Letter (Form PG4-1), to determine the eligibility
of the tenderer as stated under ITT Sub-Clause 21(h). Any
alterations to its format, filling in all blank spaces with the
information requested, failing which the tender may lead to
rejection of the Tender;
(b) verification of that the Tenderer is enrolled in the relevant
professional or trade organisations as stated under ITT Clause
21(l);
702269551.docx 19
(c) verification of the eligibility in terms of legal capacity and fulfilment of
taxation obligation by the tenderer in accordance as stated under ITT
Sub-Clause 21(i) and 21(k);
(d) verification of eligibility that the tenderer is not insolvent, in
receivership, bankrupt, not in the process of bankruptcy, not
temporarily barred as stated under ITT Sub-Clause 21(j);
(e) verification of eligibility of Tenderer’s country of origin as stated under
ITT Sub-Clause 21(b);
(f) verification of the written authorization confirming the signatory of the
Tenderer to commit the Tender has been attached with Tender
Submission Letter (Form PG4-1) as stated under ITT Sub-Clause
21(g); in order to check the authenticity of Tender and Tenderer
itself ;
(g) verification of the Tender Security as stated under ITT Sub-Clause
21(d); and
(h) Verification of that the written notice for ‘WITHDRAWL’ and
‘SUBSTITUTION of’ or MODIFICATION to, the corresponding Tender
is proper and authentic, if the tender is “WITHDRAWN”,
“SUBSTITUTION” or “MODIFICATION”, as stated under ITT Sub-
Clause 38.1
45.3 The TEC shall confirm that the above documents and information have been
provided in the Tender and the completeness of the documents and
compliance of instructions given in corresponding ITT Clauses shall be
verified, failing which the tender shall be considered as non-responsive.
46. Technical 46.1 Only those Tenders surviving preliminary examination need to be examined
Examinations & in this phase.
Responsiveness
46.2 Secondly, the TEC will examine the adequacy and authenticity of the
documentary evidence which may follow the order below:
(a) verification of the completeness of the country of origin declaration in
the Price Schedule for Goods and Related Services (Form PG4-
3B, 3C and PG4-3D) as furnished in Section 5: Tender and
Contract Forms to determine the eligibility of the Goods and Related
Services as stated under ITT Sub Clause 21(m).
(b) verification and examination of the documentary evidence and
completed Specification Submission Sheet (Form PG4-4) as
furnished in Section 5: Tender and Contract Forms to establish the
conformity of the Goods and Related Services to the Tender
Documents as stated under ITT Sub Clause 21(e) and 21(n).
(c) verification and examination of the documentary evidence that the
Tenderer’s qualifications conform to the Tender Documents and
the Tenderer meets each of the qualification criterion specified in
Sub-Section C, Qualification Criteria as stated under ITT Sub
Clause 21(o).
(d) verification and examination of the documentary evidence that
Tenderer has met all the requirements in regards to scope of
Supply as stated under Section 6, Schedule of Requirements,
without any material deviation or reservation.
46.3 TEC may consider a Tender as responsive in the evaluation, only if comply
with the mandatory requirements as stated under Clause 46.2.
20
46.4 The TEC’s determination of a Tender’s responsiveness is to be based on the

documentary evidence as requested in Clause 46.2 without recourse to
extrinsic evidence.
46.5 Information contained in a Tender, that was not requested in the Tender
Document shall not be considered in evaluation of the Tender.
46.6 If a Tender is not responsive to the mandatory requirements set out in the
Tender Document it shall be rejected by the TEC and shall not subsequently
be made responsive by the Tenderer by correction of the material deviation,
reservation.
46.7 A material deviation or reservation is one-

(a) which affects in any substantial way the scope, quality, or
performance of the Goods and Related Services and Tenderer’s
qualifications mentioned in the Tender Document.
(b) which limits in any substantial way, inconsistent with the Tender
Documents, the Purchaser ’s rights or the Tenderer’s obligations
under the Contract; or
(c) whose rectification would anyway affect unfairly the competitive position
of other Tenderers presenting responsive Tenders.
46.8 During the evaluation of Tender, the following definitions apply:
(a) “Deviation” is a departure from the requirements specified in the
Tender Document;
(b) “Reservation” is the setting of limiting conditions or withholding
from complete acceptance of the requirements specified in the
Tender Document;
46.9 A 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 requirements set out in
the Tender Document;
(b) errors or oversights, which if corrected, would not alter the key
aspects of the Tender.
47. Clarification on 47.1 The TEC may ask Tenderers for clarifications of their Tenders, including
Tender breakdowns of unit rates, in order to assist the examination and
evaluation of the Tenders, provided that, Tender clarifications which may
lead to a change in the substance of the Tender or in any of the key
elements of the Tender as stated under ITT Sub-Clause 46.7, shall
neither be sought nor permitted by the TEC.
47.2 Change in the tender price shall not be sought or permitted, except to
confirm correction of arithmetical errors discovered by the Purchaser in
the evaluation of the Tender, as sated under ITT Clause 49.
47.3 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.
47.4 If a Tenderer does not provide clarifications of its Tender by the date and
702269551.docx 21
time set in the TEC’s written request for clarification, its Tender shall not
be considered in the evaluation.
47.5 Requests for clarification shall be in writing and shall be signed only by
the Chairperson of the TEC.
48. Restrictions on 48.1 Following the opening of Tenders until issuance of Notification of Award
the Disclosure no Tenderer shall, unless requested to provide clarification to its Tender
of Information or unless necessary for submission of a complaint, communicate with the
Relating to the concerned Purchaser pursuant to Rule 31 of the Public Procurement
Procurement Rule,2008.
Process
48.2 Tenderers shall not seek to influence in anyway, the examination and
evaluation of the Tenders.
48.3 Any effort by a Tenderer to influence a Purchaser in its decision

concerning the evaluation of Tenders, Contract awards may result in the
rejection of its Tender as well as further action in accordance with Section
64 (5) of the Public Procurement Act 2006.
48.4 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.
48.5 Information relating to the examination, evaluation, comparison, and post

qualification of the tender or contract award, shall not be disclosed to
tenderers or any other persons not officially concerned with such
process.
49. Correction of 49.1 The TEC shall correct any arithmetic errors that are discovered during the
Arithmetical examination of Tenders, and shall promptly notify the concerned
Errors Tenderer(s) of any such correction(s) pursuant to Rule 98(11) of the
Public Procurement Rule, 2008.
49.2 Provided that the Tender is responsive, TEC shall correct arithmetical
errors on the following basis:
(a) If there is a discrepancy between the unit price and the line item total
that is obtained by multiplying the unit price by the quantity, the unit
price shall prevail and the line item total 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;
(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.
49.3 Any Tenderer that does not accept the correction of the Tender amount
following correction of arithmetic errors as determined by the application
of ITT Sub-Clause 49.2 shall be considered as non-responsive.
50. Conversion to 50.1 For evaluation and comparison purpose, TEC shall convert all Tender prices
Single Currency expressed in the amounts in various currencies into an amount in
Bangladeshi BDT currency, using the selling exchange rates established
by the Bangladesh Bank, on the date of Tender opening.
51. Domestic
Preference
22
otherwise specified in the TDS
51.2 If domestic preference shall be a tender-evaluation factor, the Purchaser

will grant a margin of fifteen percent (15%) domestic preference to Goods
manufactured in Bangladesh during the evaluation of its Tender while
comparing the same with those of other Tenderers under the classification
set out in ITT Sub-Clause 51.3. The evaluation will be carried out in
accordance with the provisions set out in ITT Clause 54.
51.3 Tenders will be classified in one of two groups, as follows:

(a) Group A: Tender offering goods manufactured in Bangladesh, for
which:
(i) labour, raw materials, and components from within the
Bangladesh account for more than thirty (30) percent of the
EXW price; and
(ii) the production facility in which they will be manufactured or
assembled has been engaged in manufacturing or
assembling such goods at least since the date of tender
submission.
(b) Group B: Tenders offering Goods manufactured outside Bangladesh
that have been already imported or that will be imported.
51.4 To facilitate this classification by the Tenderer, the Tenderer shall complete
whichever Form of the Price Schedule furnished in the Tender Document is
appropriate.
51.5 Completion of an inappropriate Form of the Price Schedule by the Tenderer

shall not result in rejection of its tender, but merely in the Purchaser’s
reclassification of the tenderer into its appropriate tender group.
52. Financial 52.1 Thirdly the TEC, pursuant to Rule 98 of the Public Procurement Rules, 2008
Evaluation shall evaluate each Tender that has been determined, up to this stage of the
evaluation, to be responsive to the mandatory requirements in the Tender
Document.
52.2 To evaluate a Tender in this stage , the Purchaser shall consider the
following:
(a) Verification and examination of the Price Schedule for Goods and
Related Services (Form PG4-3A, 3B, 3C and PG4-3D) as
furnished by the Tenderer and checking the compliance with the
instructions provided under ITT Clause 23;
(b) Evaluation will be done for Items or lot by lot as stated under ITT
Clause 23 and the Total Tender Price as quoted in accordance
with Clause 23 ;
(c) Adjustment for correction of arithmetical errors as stated under ITT
Sub-Clause 49.2;
(d) Adjustment for price modification offered as stated under ITT
Clause 38;
(e) Adjustment due to discount as stated under ITT Sub-Clauses
23.8 , 23.9 and 52.3;
(f) Adjustment due to the application of economic factors of
702269551.docx 23
evaluation as stated under ITT Sub-Clause 52.5 if any;
(g) Adjustment due to the assessment of the price of unpriced items
as stated under ITT Clause 53 if any;
(h) Adjustment due to the application of a margin of preference
(domestic preference), in accordance with ITT Clause 54 if
applicable
52.3 If Tenders are invited for a single lot or for a number of lots as stated under
ITT Sub-clauses 23.3, TEC shall evaluate only lots that that have included at
least the percentage of items per lot as stated under ITT Sub-Clause 23.5
and 23.6. The TEC shall evaluate and compare the Tenders taking into
account:
(a) Lowest evaluated tender for each lot ;
(b) The price discount/reduction per lot;
(c) Least cost combination for the Purchaser, considering discounts and
the methodology for its application as stated under ITT Sub-clauses
23.8 and 23.9 offered by the Tenderer in its Tender.
52.4 Only those spare parts and tools which are specified as a item in the List of
Goods and Related Services in Section 6, Schedule of Requirement or
adjustment as stated under ITT Sub-clause 52.5, shall be taken into account
in the Tender evaluation. Supplier-recommended spare parts for a specified
operating requirement as stated under ITT Sub-clause 25.2(b) shall not be
considered in Tender evaluation.
52.5 The Purchaser’s evaluation of a tender may require the consideration of

other factors, in addition to the Tender Price quoted as stated under ITT
Clause 23. The effect of the factors selected, if any, shall be expressed in
monetary terms to facilitate comparison of tenders. The factors,
methodologies and criteria to be used shall be as specified in TDS. The
applicable economic factors, for the purposes of evaluation of Tenders shall
be:
(a) Adjustment for Deviations in the Delivery and Completion Schedule
(b) Cost of major replacement components, mandatory spare parts, and
service
52.6 Variations, deviations, and alternatives and other factors which are in
excess of the requirements of the Tender Document or otherwise result
in unsolicited benefits for the Purchaser will not be taken into account in
Tender evaluation.
53. Assessing the 53.1 If it is so permitted under ITT Clause 23 , any Tenderer offered only eighty
Price of percent (80%) or minimum percent of the items of a lot as stated under ITT
Unpriced Items Sub-Clause 23.5, the TEC shall calculate the total lot value by adding up the
average prices offered by other responsive Tenderers for the missing items
to the lot value to establish the winning lot Tender. If the Tenderer offered
less than the specified, the Tender shall be evaluated as sated under ITT
Clause 23.
53.2 If the winning lot is missing some items as stated under ITT Sub Clause
53.1, comprising less than twenty percent (20%), the Purchaser may procure
the missing items from the Tenderer offering the least cost for those
remaining items.
24
54. Evaluation of 54.1 If the Tender document so specifies, the Tenderer will grant a margin
Domestic preference to goods manufactured in Bangladesh as stated in ITT Caluse 51
Preference for the purpose of Tender comparison, in accordance with the procedure
outlined below:
54.2 The Purchaser will first review the tenders to confirm the appropriateness of,
and to modify as necessary, the tenderer group classification to which
Tenderers assigned their tenders in preparing their Tender Forms and Price
Schedules.
54.3 All evaluated tenders in each group will then be compared to determine the
lowest evaluated tender of each group. Such lowest evaluated tenders shall
be compared with each other and if as a result of this comparison a tenderer
from Group A and the Tenders offering Goods manufactured in Bangladesh
is the lowest, it shall be selected for the award.
54.4 If, as a result of the preceding comparison, the lowest evaluated tender is
from Group B,
(a) all Group B tenders will then be further compared with the lowest
evaluated tender from Group A, after adding to the evaluated tender
price of goods offered in the tender for Group B, for the purpose of
further comparison only an amount equal to fifteen (15) percent of
the CIF/CIP (named place of destination or named port of
destination) tender price.
(b) The lowest-evaluated tender determined from this last comparison
shall be selected for the award.
55. Price 55.1 The TEC shall compare all responsive Tenders to determine the lowest-
Comparison evaluated Tender, as stated under ITT Clause 54.
55.2 In the extremely unlikely event that there is a tie for the lowest evaluated
price, the Tenderer with the superior past performance with the Purchaser
shall be selected, whereby factors such as delivery period, quality of Goods
delivered, complaints history and performance indicators could be taken into
consideration.
55.3 In the event that there is a tie for the lowest price and none of the Tenderers
has the record of past performance with the Purchaser, then the Tenderer
shall be selected, subject to firm confirmation through the Post-qualification
process described in ITT Clause 57, after consideration as to whether the
quality of Goods that is considered more advantageous by the end-users.
55.4 The successful Tenderer as stated under ITT Sub Clauses 55.1, 55.2 and
55.3 shall not be selected through lottery under any circumstances.
56. Negotiation 56.1 No negotiations shall be held during the Tender evaluation or award with the
lowest or any other Tenderer pursuant to Rule 99 of the Public Procurement
Rules, 2008.
57. Post- 57.1 After determining the lowest-evaluated responsive tender as sated under ITT
qualification Sub-Clause 55.1, the Purchaser’s TEC pursuant to Rule 100 of the Public
Procurement Rules, 2008, shall carry out the Post-Qualification of the
Tenderer, using only the requirements specified in Sub-Section C,
Qualification Criteria.
702269551.docx 25
57.2 The TEC shall contact the references given by Tenderers about their
previous Supply experiences to verify, if necessary, statements made by
them in their Tender and to obtain the most up-to-date information
concerning the Tenderers.
57.3 The TEC may visit the premises of the Tenderer as a part of the post-
qualification process, if practical and appropriate, to verify information
contained in its Tender.
57.4 The TEC shall determine to its satisfaction whether the Tenderer that is
selected as having submitted the lowest evaluated responsive Tender is
qualified to perform the Contract satisfactorily.
57.5 The objective of any visit under ITT Sub-Clause 57.3 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).
57.6 In the event that the Tenderer with lowest evaluated cost fails the post-
qualification, the TEC shall make a similar determination for the Tenderer
offering the next lowest evaluated cost 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 Purchaser;
(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 Purchaser may take
action pursuant to Rule 33 and may proceed for re-Tendering,
using a revised Tender Document designed to achieve a more
successful result.
58. Rejection of All 58.1 The Purchaser may, in the circumstances as stated under ITT Sub-Clause
Tenders 58.2 and pursuant to Rule 33 of the Public Procurement Rules 2008, reject
all Tenders following recommendations from the Evaluation Committee only
after the approval of such recommendations by the Head of the Purchaser.
58.2 All Tenders can be rejected, if -

(a) the price of the lowest evaluated Tender 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 potential Tenderers; or
(c) the Tenderers are unable to propose completion of the delivery
within the stipulated time in its offer, though the stipulated time is
reasonable and realistic; or
(d) all Tenders are non-responsive; or
(e) evidence of professional misconduct, affecting seriously the
Procurement process, is established pursuant to Rule 127 of the
Public Procurement Rules, 2008.
58.3 Notwithstanding anything contained in ITT Sub-Clause 58.2 Tenders may
not be rejected if the lowest evaluated price is in conformity with the market
price.
58.4 A Purchaser may pursuant to Rule 35 of the Public Procurement Rules,
2008, on justifiable grounds, annul the Procurement proceedings prior to the
26
deadline for the submission of Tenders.

58.5 All Tenders received by the Purchaser shall be returned unopened to the
Tenderers in the event Procurement proceedings are annulled under ITT
Sub-Clause 58.4.
59. Informing 59.1 Notice of the rejection, pursuant to Rule 35 of the Public Procurement Rules,
Reasons for 2008, will be given promptly within seven (7) days of decision taken by the
Rejection Purchaser to all Tenderers and, the Purchaser 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
60. Award Criteria 60.1 The Purchaser shall award the Contract to the Tenderer whose offer is
responsive to 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 as stated under ITT Clause 57.
60.2 A Tenderer shall no be required, as a condition for award of contract, to

undertake obligations not stipulated in the Tender Document, to change its
price, or otherwise to modify its Tender.
61. Purchaser’s 61.1 The Purchaser reserves the right at the time of Contract Award to increase
Right to Vary or decrease the quantity, per item, of Goods and Related Services originally
Quantities specified in Section 6: Schedule of Requirements, provided this does not
exceed the percentages indicated in the TDS, and without any change in the
unit prices or other terms and conditions of the Tender and the Tender
Document.
62. Notification of 62.1 Prior to the expiry of the Tender validity period and within seven (7) working
Award days of receipt of the approval of the award by the Approving Authority, the
Purchaser pursuant to Rule 102 of the Public procurement Rules, 2008,
shall issue the Notification of Award (NOA) to the successful Tenderer
62.2 The Notification of Award, attaching the contract as per the sample (Form
PG4-7) to be signed, shall state:
(a) the acceptance of the Tender by the Purchaser;
(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.
62.3 The Notification of Award shall be accepted in writing by the successful

Tenderer within seven (7) working days from the date of issuance of NOA.
62.4 Until a formal contract is signed, the Notification of Award shall constitute
a Contract, which shall become binding upon the furnishing of a
Performance Security and the signing of the Contract by both parties.
62.5 The Notification of Award establishes a Contract between the Purchaser

and the successful Tenderer and the existence of a Contract is confirmed
through the signature of the Contract Document that includes all
702269551.docx 27
agreements between the Purchaser and the successful Tenderer.
63. Performance 63.1 The Performance Security shall be determined sufficient to protect the
Security performance of the Contract pursuant to Rule 27 of the Public Procurement
Rules, 2008.
63.2 Performance Security shall be furnished by the successful Tenderer in

the amount specified in the TDS and denominated in the currencies in
which the Contract Price is payable pursuant to Rule 102 (8) of the Public
Procurement Rules, 2008.
63.3 The proceeds of the Performance Security shall be payable to the

Purchaser unconditionally upon first written demand as compensation for
any loss resulting from the Supplier’s failure to complete its obligations
under the Contract.
64. Form and Time 64.1 The Performance Security shall be in the form of irrevocable Bank
Limit for Guarantee in the format (Form PG4-9) as stated under ITT Clause 63,
furnishing of shall be issued by an internationally reputable bank and it shall
Performance have correspondent bank located in Bangladesh, to make it
security enforceable pursuant to Rule 27(4) of the Public Procurement Rules,
2008..
64.2 Within twenty-eight (28) days from issue of the Notification of Award, the
successful Tenderer shall furnish the Performance Security for the due
performance of the Contract in the amount specified under ITT Sub
Clause 63.2.
65. Validity of 65.1 The Performance Security shall be required to be valid until a date
Performance twenty-eight (28) days beyond the date of completion of the Supplier’s
Security performance obligations under the Contract, including any warranty
obligations.
65.2 If under any circumstances date of completion of the Supplier’s

performance obligations under the Contract, including any warranty
obligations is to be extended, the Performance Security shall
correspondingly be extended for the extended period.
66. Authenticity of 66.1 The Purchaser shall verify the authenticity of the Performance Security
performance submitted by the successful Tenderer by sending a written request to the
Security branch of the bank issuing irrevocable Bank Guarantee in specified
format.
66.2 If the Performance Security submitted under ITT Sub Clause 63.2 is not
found to be authentic, the Purchaser 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.
67. Contract 67.1 At the same time as the Purchaser issues the Notification of Award, the
Signing Purchaser shall send the draft Contract Agreement and all documents
forming the Contract pursuant to Rule 102 of the Public Procurement Rule,
2008, to the successful Tenderer.
67.2 Within twenty-eight (28) days of the issuance of Notification of Award, the
successful Tenderer and the Purchaser shall sign the contract provided
that the Performance Security submitted by the Tenderer is found to be
28
genuine.
67.3 If the successful Tenderer fails to provide the required Performance

Security, as stated under ITT Clause 63 or to sign the Contract , as
stated under ITT Sub-Clause 67.2, Purchaser shall proceed to award
the Contract to the next lowest evaluated Tenderer, and so on, by order
of ranking pursuant to Rule 102 of the Public Procurement Rules,2008.
68. Publication of 68.1 Notification of Awards for Contracts of BDT 10(ten) million and above
Notification of shall be notified by the Purchaser to the Central Procurement
Award of Technical Unit within 7(seven) days of issuance of the NOA for
Contract publication in their website, and that notice shall be kept posted for
not less than a month pursuant to Rule 37 of the Public Procurement
Rules, 2008.
68.2 Notification of Award for Contracts below BDT 10(ten) million, shall
be published by the Purchaser on its Notice Board and where
applicable on the website of the Purchaser and that notice shall be
kept posted for not less than a month pursuant to Rule 37 of the
Public Procurement Rules, 2008..
69. Debriefing of 69.1 Debriefing of Tenderers by Purchaser shall outline the relative status
Tenderers 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
pursuant to Rule 37 of the Public Procurement Rule, 2008, without
disclosing information about any other Tenderer.
69.2 In the case of debriefing confidentiality of the evaluation process shall

be maintained.
70. Right to 70.1 Any Tenderer has the right to complain if it has suffered or likely to suffer
Complain loss or damage due to a failure of a duty imposed on the Purchaser to fulfil
its obligations in accordance with Section 29 of the Public Procurement Act
2006 and pursuant to Part 12 of Chapter Three of the Public Procurement
Rules, 2008.
70.2 Circumstances in which a formal complaint may be lodged in sequence by a

potential Tenderer against a Purchaser 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 .
70.3 The potential 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.
70.4 In the first instance, the potential Tenderer shall submit his or her complaint
to the Purchaser who issued the Tender Document.
70.5 The place and address for the first stage in the submission of complaints to
the Administrative Authority is provided in the TDS.
70.6 The Tenderer may appeal to a Review Panel only if the Tenderer has
exhausted all his or her options of complaints to the administrative authority
as stated under ITT Sub-Clause 70.2.
702269551.docx 29
30
Section 2. Tender Data Sheet

Instructions for completing the Tender Data Sheet are provided, as needed, in the notes in
italics and under lined mentioned for the relevant ITT clauses.
Amendments of, and Supplements to, Clauses in the Instruction to

ITT Clause
Tenderers
A. General
ITT 1.1 The Purchaser is :[state name of Purchaser]
[Note: the Purchaser means a Purchaser having administrative and financial powers
to undertake Procurement of Goods, Works or Services using public funds.]
The Name and identification number of Tender are :[ state name and
identification number]
ITT 1.2 The number, identification and name of lots comprising the Tender are:
[state number, list the lots and related Goods with identification]
[Note: if there is more than one lot, individual lots are to be identified in conformity
with Section 6: Schedule of Requirements].
ITT 3.1 The source of public fund 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 5.1 Tenderers from the following countries are not eligible: [state the name of
countries]
[Not: state “Nil” or state any countries with which GoB does not trade]
ITT 6.1 Goods and Related Services from the following counties are not eligible:
[state the name of countries]
[Note: state “Nil” or state any countries with which GoB does not trade]
B. Tender Document
ITT 8.2 The following are the offices of the Purchaser or authorised agents for the
purpose of providing the Tender Document: [state name of the offices] or
[Agents] if any.
[if there is more than one Agent, then list all the Agent’s names and contact details. If there
are no Agents, then state “None” here].`
702269551.docx 31
ITT 9.1 For clarification of Tender purposes only, the Purchaser’s address is:
Attention:[state name with designation]
Address: [state detail address including room number]
Telephone:
Facsimile number:
Electronic mail address:
ITT 10.1 A Pre- Tender meeting shall not be held.

OR
The Pre- Tender meeting shall be held at
Address:
Time & Date:

[Not: delete as appropriate]
C. Qualification Criteria
ITT 13.1 The maximum [state number] number of arbitration against the Tenderer over
a period [state duration]
[a maximum of three (3) arbitration awards against a Tenderer over a period of the last five (5)
years would be deemed reasonable].
ITT 14.1(a) The Tenderer shall have a minimum of [state number] years of overall
experience in the supply of goods and related services.
[Note: The minimum level of experience required should be such to ensure the Purchaser that,
the Contract will be properly executed]
ITT 14.1(b) The minimum specific experience as Supplier in supply of similar Goods of at
least [state number] contract(s) successfully completed within the last [state
number] years, each with a value of at least BDT [state amount].
[the minimum number of contracts will depend upon the size and type of supply of goods,
and the Procuring Entity should make its own judgement based upon its experience in the
supply sector. For example, for large supply, it could be two (2) contract of similar nature
during the last three (3) years or five (5) (whichever appropriate); years counting backward
from the date of publication of IFT in the newspaper]
[the minimum value is recommended to be between 80 and 100 percent of the estimated
cost of the proposed supply]
[for Tenders where the package contains more than one (1) lot, this qualification requirements,
shall be mentioned separately for each lot in the package]
32
ITT 14.1(c) The minimum supply and/or production capacity of Goods is/ are:
[state supply and/or production capacity per year]
[Note: it is usual to state about 1.5 to 2 times the estimated quantity of the goods to be
procured or state “None” if considered not applicable]
ITT 15.1(a) The minimum amount of liquid asset or working capital or credit facility is
BDT [state value]
[Note: usually the required liquid asset is equivalent to 1 to 1.5 times the estimated cost of this
particular procurement.]
ITT 16.2 The maximum of percentage[ state percentage ] of Goods allowed to be

subcontracted
[Note: Maximum percentage is recommended 15% to 20% of the Contract Value]
D. Preparation of Tender
ITT 21.1(q) The Tenderer shall submit with its Tender the following additional
documents:
[state list of documents, if any]
ITT 22.1 Alternatives [state “shall be “or “shall not be “] permitted.

[Note: “A tenderer may submit alternatives only with a tender for the base case. The
Purchaser shall only consider the alternatives offered by the Tenderer whose tender
for the base case was determined to be the lowest responsive evaluated tender.”
“Offer of alternatives shall be permitted only for alternative technical specification

complying with base technical specification parameter and schedule of requirement
specified in the tender documents.” ]
ITT 23.3 Tenders are being invited for [state single lot]
Or
Tenders are being invited for a [state number of lots on “lot-by-lot” basis]
ITT 23.5 Price quoted for each lot shall correspond at least to [insert figure %] of the
items specified for each lot and correspond at least to [insert figure %] of the
total lot value.
[Note: The figures shall be at least eighty percent (80%) of the total number of items
required under that lot in the Schedule of Requirement, and representing at least
sixty five percent (65%) of the estimated lot value to establish the winning lot
Tender, simulated by incorporating the price of the missing items following proced-
ures as stated under ITT Sub Clause 51.1]
ITT 23.7 The following particular item represents more than fifty percent (50%) of the es-
timated lot value is: [State the identification and name of the item as stated in
section 6,Schedule of requirement], if single particular item does not represent
fifty (50) percent of the estimated lot value than [state ‘none’]
ITT 23.11(c)
“Final destination (Project Site)”: [insert name of location where the Goods are
702269551.docx 33
ITT 23.12 (c) to be actually used or delivered]
ITT 23.13 (e)
ITT 23.12 (a) Place of Destination: [ insert named place of destination as per INCOTERM
used ]
ITT 23.12 (d) In addition to the CIF/CIP price specified in ITT 23.12(a), the price of the Goods
manufactured outside Bangladesh shall be quoted: [insert appropriate IN-
COTERM, other than CIF/CIP]
[Note: The Purchaser may also use other INCOTERMs, if deemed necessary, In
such case Form PG4-3B, will require to be customized by the Purchaser]
ITT 24.3 Name of the foreign currency: [ insert currency]

Note: Either USD or GBP or EUR or JPY
ITT 25.2(b) Spare parts are: [state “required” or “not required”]

Period of time the Goods are expected to be functioning (for the purpose of
spare parts): [State duration ]
[Note: Such spare parts as the Purchaser may elect to purchase from the
supplier ,provided that this election shall not relieve the supplier of any warranty
obligations under the contract; Such spare parts that the Purchaser may be able to
purchase from other supplier/manufacturers but are compatible with the goods procured ]
ITT 26.1(b) Manufacturer’s authorization is: [State “required” or “not required”]
A Manufacturer’s Authorisation Letter is required for [State all the items

listed in Section 6: Schedule of Requirements.]
OR
A Manufacturer’s Authorisation Letter is only required for [the following items
listed in Section 6: Schedule of Requirements.]
[delete as appropriate]
ITT 26.1(C) After sales service is: [state “required” or “ not required”]
ITT 27.2 The Tender validity period shall be [sate days] days.
[Note: normally 60 to 120 days; shorter or longer period may be authorized by
HOPE or authorized officer to suit the requirements of particular Procurement activ-
ity].
ITT 29.2 In favour of [state the name of the beneficiary]
ITT 29.3 The amount of the Tender Security shall be [ state amount in BDT ] or
equivalent [ state amount in US Dollar ]
[note: Tender security shall be in Bangladesh BDT and in equivalent US Dollar, Not
exceeding three percent (3%) of the official estimated cost but as a fixed amount]
ITT 34.1 In addition to the original of the Tender, [state number] copies shall be
submitted.
[Note: Usually only two copies are needed, ask for more only if they are essential].
34
E. Submission of Tender
ITT 35.2(c) The inner and outer envelopes shall bear the following additional
identification marks : [ insert the name and/or number that must appear on
the Tender envelope to identify this specific Tendering process]
ITT 35.7 Tenderer [state “shall” or “shall not” ] have the option of submitting their
tender electronically.
ITT 35.8 If bidders shall have the option of submitting their bids electronically, the
electronic bidding submission procedures shall be: [state a description of
the electronic tendering submission procedures]
ITT 36.1 For Tender submission purposes ,the Purchaser’s address is:
Attention:[state full name with designation of person]
Address: [state detail address including floor and room number]
[Note: important to avoid delays or misplacement of tenders]
The deadline for submission of Tenders is [state time, and identify a.m or
p.m, i.e 10.30 a.m]
on [state date i,e. 15 june,2008 ].
F. Opening and Evaluation of Tenders

ITT 42.2 The Tender opening shall take place at (always the primary place):
[state time, and identify a.m or p.m, i.e 10.30 a.m]
on [state date i,e. 15 june,2008 ].
ITT 42.3 If electronic tender submission is permitted as sated under ITT sub-clause
34.8, the specific tender opening procedures shall be: [state description of
the procedures]
ITT 51.1 Domestic preference [insert “shall” or “shall not”] be a tender evaluation
factor
ITT 52.5 The applicable economic factors, for the purposes of evaluation of Tenders
shall be:
(a) Adjustment for Deviations in the Delivery and Completion
Schedule
“The Goods covered by this Tendering process are required to be
delivered in accordance with, and completed within, the Delivery and
Completion Schedule specified in Section 6, Schedule of
Requirements. No credit will be given for earlier completion. Tender
offering late contract performance schedules within acceptable period
will be accepted but the tenders shall be Adjusted in the evaluation by
adding to the Tender Price at the rate of [specify percentage] of the
Tender Price for each day of delay. Tender offering delivery schedules
beyond [specify time Limit] of the date specified in Section 6,
Schedule of Requirement, shall be rejected.”
702269551.docx 35
[If no sate not applicable]
(b) Cost of major replacement components, mandatory spare parts,
and service
The Procuring will draw up a list of high-usage and high-value items of
components and spare parts [specify (spare parts, tools, major
assemblies, estimated quantities] of usage in the initial period
[specify period] of operation. The total cost of these items and
quantities will be computed from spare parts unit prices submitted by
the Tenderer and added to the tender price, for evaluation purposes
only.
[If no sate not applicable]
G. Award of Contract
ITT 61.1 The maximum percentage by which quantities per item may be increased is
[state percentage].
The maximum percentage by which quantities per item may be decreased is
[state percentage].
[in both instances the maximum percentage is between 15 and 20 %].
ITT 63.2 The amount of Performance Security shall be [state percentage] percent of
the Contract Price.
[Ten percent (10%) of the Contract price for Goods and related Services]
ITT 70.5 The name and address of the office where complaints to the Purchaser are
to be submitted is:
Attention:[state full name with designation of person]
36
Section 3. General Conditions of Contract

1. Definitions 1.1 The following words and expressions shall have the meaning hereby
assigned to them. Boldface type is used to identify the defined term:
(a) Completion Schedule means the fulfilment of the Related
Services by the Supplier in accordance with the terms and
conditions set forth in the Contract;
(b) Contract Agreement means the Agreement entered into
between the Purchaser and the Supplier, together with the
Contract Documents referred to therein, including all
attachments, appendices, and all documents incorporated by
reference therein;
(c) Contract Documents means the documents listed in the
Contract Agreement, including any amendments thereto;
(d) Contract Price means the price stated in the Notification of
Award and thereafter as adjusted in accordance with the
provisions of the Contract; ;
(e) Day means calendar days unless otherwise specified as
working days;
(f) Delivery means the transfer of ownership of the Goods from
the Supplier to the Purchaser in accordance with the terms
and conditions set forth in the Contract;
(g) GCC mean the General Conditions of Contract;
(h) Goods means raw materials, products and equipment and
objects in solid, liquid or gaseous form, electricity, and
related Services if the value of such Services does not
exceed that of the Goods themselves ;
(i) Government means the Government of the People’s Republic
of Bangladesh;
(j) Procuring Entity/Purchaser means a Entity having
administrative and financial powers to undertake
Procurement of Goods, Works or Services using public
funds, as specified in the PCC;
(k) Related Services means Services linked to the supply of
Goods contracts.;
(l) PCC means the Particular Conditions of Contract;
(m) Subcontractor means any natural person, private or
government entity, or a combination of the above, to whom
any part of the Goods to be supplied or execution of any
part of the Related Services is subcontracted by the
Supplier;
(n) Supplier means a Person under contract with a Purchaser
for the supply of Goods and related Services under the
Act;
(o) Site means the point(s) of delivery named in the PCC
(p) Writing means communication written by hand or machine
duly signed and includes properly authenticated messages
by facsimile or electronic mail.
702269551.docx 37
(q) Verified Report means the report submitted by the Purchaser
to the Head of the Purchaser setting forth its findings as to
the existence of grounds or causes for termination and
explicitly stating its recommendation for the issuance of a
Notice to Terminate.
2. Contract 2.1 Subject to the order of precedence set forth in the GCC Sub-Clause
Documents 5.1, all documents forming the Contract (and all parts thereof) are
intended to be correlative, complementary, and mutually explanatory.
The Contract Agreement shall be read as a whole.
3. Corrupt, 3.1 The Government requires that Purchaser, as well as Suppliers, shall
Fraudulent, observe the highest standard of ethics during the implementation of
Collusive or procurement proceedings and the execution of contracts under public
Coercive funds.
Practices
3.2 The Government requires that Procuring Entities, as well as
Suppliers shall, during the execution of Contracts under public
funds, ensure-
(a) strict compliance with the provisions of Section 64 of the
Public Procurement Act 2006 (Act 24 of 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
practice as detailed in GCC Sub -Clause 3.3
3.3 For the purpose of GCC Sub-clause 3.2 the terms –
(a) corrupt practice means offering, giving or promising to
give, receiving, or soliciting, either directly or indirectly, to
any officer or employee of a Purchaser 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 Purchaser 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 Purchaser, that is designed to arbitrarily
reduce the number of Tenders submitted or fix Tender
prices at artificial, noncompetitive levels, thereby denying
a Purchaser 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 a Procurement
proceeding or the execution of a Contract, and this will
include creating obstructions in the normal submission
process used for Tenders.
38
3.4 Should any corrupt, fraudulent, collusive or coercive practice of any

kind come to the knowledge of the Purchaser, it will, in the first place,
allow the Supplier to provide an explanation and shall, take actions
only when a satisfactory explanation is not received. Such exclusion
and the reasons thereof, shall be recorded in the record of the
procurement proceedings and promptly communicated to the Supplier
concerned. Any communications between the Supplier and the
Purchaser related to matters of alleged fraud or corruption shall be in
writing.
3.5 If corrupt, fraudulent, collusive or coercive practices of any kind

determined by the Purchaser against the Supplier alleged to have
carried out such practices, the Purchaser shall proceed under GCC
Clause 42.4
3.6 The Supplier shall permit the Purchaser to inspect the Supplier’s
accounts and records and other documents relating to the submission
of the Tender and Contract performance.
4. Interpretation 4.1 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 construction thereof or of the Contract. Words have
their normal meaning under the English language unless specifically
defined.
4.2 Entire Agreement

(a) The Contract constitutes the entire agreement between the
Purchaser and the Supplier and supersedes all
communications, negotiations and agreements (whether written
or oral) of parties with respect thereto made prior to the date of
Contract Agreement; except those stated under GCC Sub
Clause 5.1(i) .
4.3 Amendment
(a) No amendment or other variation of the Contract shall be valid
unless it is in writing, is dated, expressly refers to the Contract,
and is signed by a duly authorised representative of each party
thereto.
4.4 Non-waiver
(a) Subject to GCC Sub-Clause 4.4(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
authorised representative of the party granting such waiver,
and must specify the right and the extent to which it is being
waived.
702269551.docx 39
4.5 Severability
(a) 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.
5. Documents 5.1 The following documents forming the Contract shall be in the
Forming the following order of precedence, namely :
Contract in order
(a) the signed Contract Agreement;
of precedence
(b) the Notification of Award;
(c) The Tender and the appendices to the Tender;
(d) Particular Conditions of Contract;
(e) General Conditions of Contract;
(f) Technical Specifications;
(g) Drawings;
(h) Priced Schedule and schedule of requirements and ;
(i) Other Documents including correspondences listed in the
PCC forming part of the Contract.
6. Eligibility 6.1 The Supplier and its Subcontractors shall have the nationality of an
eligible country. A Supplier or Subcontractor shall be deemed to have
the nationality of a country if it is a citizen or constituted, incorporated,
or registered, and operates in conformity with the provisions of the laws
of that country.
6.2 All Goods and Related Services to be supplied under the Contract
shall have their origin in Eligible Countries.
6.3 For the purpose of the GCC Clause 6.2, origin means the country
where the goods have been grown, mined, cultivated, produced,
manufactured, or processed; or through manufacture, processing, or
assembly, another commercially recognized article results that differs
substantially in its basic characteristics from its components.
7. Governing 7.1 The Contract shall be written in English language. Correspondence and
Language documents relating to the Contract exchanged by the Supplier and the
Purchaser shall 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 language, in which case, for purposes
of interpretation of the Contract, this translation shall govern.
7.2 The Supplier shall bear all costs of translation to the governing
language and all risks of the accuracy of such translation.
8. Governing Law 8.1 The Contract shall be governed by and interpreted in accordance with
the laws of the People’s Republic of Bangladesh.
9. No 9.1 No fees, gratuities, rebates, gifts, commissions or other payments,

fees/Gratuities other than those shown in the Tender or the contract, shall be given
or received in connection with the procurement process or in the
40
contract execution.
10. Use of Contract 10.1 The Supplier shall not, except for purposes of performing the
Documents & obligations in this Contract, without the Purchaser’s prior written
Information consent, disclose this Contract, or any provision thereof, or any
specification, plan, drawing, pattern, sample, or information furnished
by or on behalf of the Purchaser. Any such disclosure shall be made in
confidence and shall extend only as far as may be necessary for
purposes of such performance.
10.2 Any document, other than this Contract itself, enumerated in GCC
Clause 10.1 shall remain the property of the Purchaser and shall be
returned (all copies) to the Purchaser on completion of the Supplier’s
performance under this Contract if so required by the Purchaser.
11. Communications 11.1 Communications between Parties (notice, request or consent

& Notices 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.
11.2 A notice shall be effective when delivered or on the notice’s effective

date, whichever is later.
11.3 A Party may change its address for notice hereunder by giving the
other Party notice of such change to the address.
12. Trademark, 12.1 The Purchaser should not be liable for any infringement of intellectual
Patent and property rights arising from use of the goods procured. In case there
Intellectual are third-party claims of such infringement of patent, trademark, or
Property Rights industrial design rights, the supplier must indemnify and hold the
Purchaser free and harmless against such claims and shall not be in
contravention of The Trademark Act, 2009 and The Patents and
Designs Act, 1911.
13. Copyright 13.1 The copyright in all drawings, documents, and other materials
containing data and information furnished to the Purchaser by the
Supplier herein shall remain vested in the Supplier, or, if they are
furnished to the Purchaser directly or through the Supplier by any third
party, including suppliers of materials, the copyright in such materials
shall remain vested in such third party.
14. Assignment 14.1 The Supplier shall not assign his rights or obligations under the
Contract, in whole or in part, except with the Purchaser’s prior written
consent.
15. Sub contracting 15.1 Any subcontracting arrangements made during contract
implementation and not disclosed at the time of the Tendering shall not
be allowed.
15.2 Subcontracting of any portion of the Goods shall not relieve the Tenderer
from any liability or obligations that may arise from its performance.
15.3 Supplier shall retain full responsibility for the contract and can not pass any
contractual obligations to the subcontractor and under no circumstances
assignment of the contract to the subcontractor be allowed.
702269551.docx 41
15.4 Subcontractors shall comply with the provisions of GCC Clause 3 and 6.
16. Supplier’s 16.1 The Supplier shall supply all the Goods and Related Services specified
Responsibilities in the Scope of Supply as stated under GCC Clause 18 and the
Delivery and Completion schedule, as stated under GCC Clauses 23
and 24 in conformity with the provisions of the Contract Agreement.
17. Purchaser’s 17.1 Whenever the performance of the obligations in this Contract requires
Responsibilities that the Supplier obtain permits, approvals and other license from local
public authorities, the Purchaser may, if so needed by the Supplier,
make its best effort to assist the Supplier in complying with such
requirements in a timely and expeditious manner . However, the
supplier shall bear the costs of such permits and/or licenses. On the
other hand, the Purchaser shall pay all costs involved in the
performance of its responsibilities, in accordance with the contract.
17.2 The Purchaser shall pay the Supplier, in consideration of the provision
of Goods and Related Services, the Contract Price under the
provisions of the Contract at the times and manner prescribed in the
Contract Agreement.
18. Scope of Supply 18.1 Subject to the PCC, the Goods and Related Services to be supplied
shall be as specified in Section 6: Schedule of Requirements.
18.2 Unless otherwise stipulated in the Contract, the Scope of Supply shall
include all such items not specifically mentioned in the Contract but
that can be reasonably inferred from the Contract as being required for
attaining Delivery and Completion of the Goods and Related Services
as if such items were expressly mentioned in the Contract.
19. Amendment to 19.1 The Purchaser may make an amendment to Order for necessary
Order adjustment within the general scope of the contract in any one or more
of the following aspects in order to fully meet the requirement of the
Contract:
(a) Drawing, design or specifications of the goods, provided that:
i. The goods to be furnished are to be specifically
manufactured for the government in accordance therewith;
ii. The change is an improvement of the goods and
advantageous to the Government;
iii. It is done at no extra cost; and
iv. It is not prejudicial to the losing Tenderers in the sense
that such change/s could not have been foreseen during
the conduct of the tendering and would have significantly
affected the other tenderer’s tender;
(b) The place of delivery;
(c) The place of performance of the services;
(d) Additional items needed and necessary for the protection of the
goods procured, which were not included in the original contract.
19.2 Such amendment may or may not result to an increase or a decrease
of the contract price, and/or an extension or reduction of the delivery
period. However, the amendment should not have the result of
changing the subject matter of the contract or the specifications of the
goods or services, in any material aspect and to such an extent that, if
introduced during the Tendering stage, may have had a significant
42
effect on other Tenderer’s tender, because this situation would actually

require another tendering activity.
20. Instances When 20.1 The Purchaser may issue amendments order at any time during
Amendment to contract implementation, through a notice as stated under GCC Clause
Order May be 11, provided that such adjustment is required to fully meet the
Issued requirements of the contract. Any of the following circumstances may
serve as basis for such amendment/s:
(a) Emergency cases, fortuitous events or unforeseen
contingencies arising during contract implementation, and
such contingencies have an impact on the procurement at
hand, such as:
i. Changes in the conditions affecting the contract, e.g., a
change in the place of delivery;
ii. Time is of the essence in the implementation of the
contract, and any changes require immediate
implementation; and
iii. Additional requirements have been identified as
necessary for the protection of the goods procured, such
as changes in the packaging of the goods, or
additional items have become necessary to ensure that
the goods are sufficiently protected from the elements;
(b) When the contract does not reflect the real intention of the
parties due to mistake or accident, and the amendment is
necessary to reflect the party’s intention; and
(c) Other analogous circumstances that could affect the conditions
of the procurement at hand
21. Adjustments in 21.1 If an amendment to order increases or decreases the cost of ,or the
Contract Price time required for executing any part of the delivery under the original
and/or Delivery contract, an equitable adjustment in contract price and/or delivery
Schedule in schedule should be mutually agreed upon between parties concerned,
Amendment to and the contract should be modified as stated under GCC Clause 46
Order
21.2 If the amendment to order consists of additional items, the price
adjustment shall be based on the unit price in the original contract for
items of goods similar to those in the original contract. If the contract
does not contain any rate applicable to the additional items, then
suitable prices shall be mutually agreed upon between the parties,
based on prevailing market prices.
21.3 It is required, however, that any increase in contract price must not
exceed ten percent (10%) of the original contract price.
22. Packing and 22.1 The Supplier shall provide such packing of the goods as is required to
Documents prevent their damage or deterioration during transit to their final
destination, as indicated in the Contract and in accordance with
existing industry standards. The packing shall be sufficient to
withstand, without limitation, rough handling and exposure to extreme
temperatures, salt and precipitation, and open storage. Packing case
size and weights shall take into consideration, where appropriate, the
remoteness of the goods’ final destination and the absence of heavy
handling facilities at all points in transit.
702269551.docx 43
22.2 The packing, marking, and documentation within and outside the
packages shall comply strictly with such special requirements as shall
be expressly provided for in the Contract as stated under GCC Clause
22.1, including additional requirements, if any, specified in the PCC,
and in any subsequent instructions ordered by the Purchaser.
22.3 The outer packaging must contain a “Packing List” which must reflect
the actual contents of the package.
23. Delivery and 23.1 Subject to GCC Sub-Clause 19, the Delivery of the Goods and
Documents completion of the Related Services shall be in accordance with the
Delivery and Completion Schedule specified in the Section 6: Schedule
of Requirements.
23.2 The details of shipping and other documents to be furnished by the

Supplier shall be specified in the PCC, and shall be received by the
Purchaser at least one week before arrival of the Goods and, if not
received the Supplier shall be responsible for consequent expenses.
24. Acceptance 24.1 Acceptance by the Purchaser shall be completed not later than
fourteen (14) days from receipt of the goods at final destination in the
form of an Acceptance Certificate, unless any defects in the supply,
any damage during transportation or any failure to meet the required
performance criteria of the supply are identified and reported to the
Supplier as stated under GCC Clause 31 and GCC Clause 32. In such
cases the Acceptance Certificate will be issued only for those parts of
the contract supplies which are accepted. The Acceptance Certificate
for the remaining supplies will only be issued after the Supplier has
remedied the defects and/or any non-conformity under GCC Clause 31
and GCC Clause 32.
24.2 The appropriate Technical Inspection and Acceptance Committee of

the Purchaser must commence the inspection and acceptance process
within two (2) days from delivery of the goods, and shall complete the
same as soon as practicable.
25. Contract Price 25.1 The Contract Price shall be specified in the PCC.
25.2 During evaluation, tender has excluded and not taken into account:
(a) In the case of Goods manufactured in Bangladesh, VAT
payable on account of Supplier, which will be payable on the
goods if a contract is awarded to the Tenderer;
(b) in the case of Goods manufactured outside the Bangladesh,

already imported or to be imported, customs duties, import
VAT and other import taxes levied on the imported Good,
VAT, which will be payable on the Goods if the contract is
awarded to the Tenderer.
25.3 The Contract price will include all the costs paid or payable as stated
under GCC Clause 25.2.
25.4 Prices charged by the Supplier for the Goods delivered and the
Related Services performed under the Contract shall not vary from the
44
price as stated under GCC Sub-Clause 25.1, with the exception of any
change in price resulting from a Change Order issued under GCC
Clause 19.
26. Transportation 26.1 The Supplier is required under the Contract to transport the Goods
to a specified place of destination as specified in Section 6:
Schedule of Requirements, defined as the Site, transport to such
place of destination, including insurance, other incidental costs, and
temporary storage, if any. These costs shall be included in the
Contract Price.
26.2 If not in accordance GCC Clause 26.1, responsibility for

transportation of the Goods shall be as specified in the INCOTERM
indicated in the Price Schedule or any other trade terms specify the
responsibilities of the Purchaser and Supplier as specified in PCC.
27. Terms of 27.1 The Contract Price, including any Advance Payments, if applicable,
Payment shall be paid in the manner as specified in the PCC.
27.2 The Supplier’s request for payment shall be made to the Purchaser in
writing, accompanied by an invoice describing, as appropriate, the
Goods delivered and Related Services performed, and accompanied
by the documents as stated under GCC Clause 23 and 24 and upon
fulfilment of any other obligations stipulated in the Contract.
27.3 Payments shall be made promptly by the Purchaser, but in no case
later than the days indicated in the PCC after submission of an invoice
or request for payment by the Supplier, and after the Purchaser has
accepted it.
27.4 The currencies in which payments shall be made to the Supplier under
this Contract shall be those in which the tender price is expressed.
27.5 In the event that the Purchaser fails to pay the Supplier any payment by
its respective due date or within the period set forth in the PCC, the
Purchaser shall pay to the Supplier interest on the amount of such
delayed payment at the rate shown in the PCC, for the period of delay
until payment has been made in full, whether before or after judgment
or arbitrage award.
28. Insurance 28.1 The Goods supplied under this Contract shall be fully insured by the
Supplier in a freely convertible currency against loss or damage
incidental to manufacture or acquisition, transportation, storage, and
delivery. The Goods remain at the risk and title of the Supplier until
their final acceptance by the Purchaser.
28.2 If not in accordance GCC Clause 28.1, the insurance coverage shall be
as specified in the INCOTERM indicated in the Price Schedule or any
other insurance provisions as specified in PCC.
29. Taxes and 29.1 For Goods Manufactured within Bangladesh, the Supplier shall be
Duties entirely responsible for all taxes, duties, VAT, license fees, and other
such levies imposed or incurred until delivery of the contracted goods
to the Purchaser.
29.2 For Goods manufactured outside Bangladesh, the Supplier shall be
entirely responsible for all taxes, duties and other such levies imposed
outside Bangladesh.
29.3 If any tax exemptions, reductions, allowances or privileges may be
702269551.docx 45
available to the Supplier in Bangladesh, the Purchaser shall use its
best efforts to enable the Supplier to benefit from any such tax savings
to the maximum allowable extent.
30. Performance 30.1 The proceeds of the Performance Security shall be payable to the
Security Purchaser as compensation for any loss resulting from the Supplier’s
failure to complete its obligations under the Contract.
30.2 The Performance Security shall be discharged by the Purchaser and
returned to the Supplier not later than Thirty (30) days following the
date of Completion of the Supplier’s performance obligations under the
Contract and the issuance of certification to that effect by the
Purchaser, including any warranty obligations as stated under GCC
Clause 33, provided that there are no claims field against the supplier.
31. Specifications 31.1 The Goods and Related Services supplied under this Contract shall
and Standards conform to the technical specifications and standards mentioned in
Section 7, Technical Specification and in Section 8, Drawings, if any.
31.2 If there is no applicable standard, the goods must conform to the

authoritative standards appropriate to the good’s country of origin.
Such standards must be the latest issued by the concerned institution.
31.3 Subject to the GCC Clause 19, the Supplier shall be entitled to disclaim
responsibility for any design, data, drawing, specification or other
document, or any modification thereof provided or designed by or on
behalf of the Purchaser, by giving a notice of such disclaimer to the
Purchaser.
31.4 Wherever references are made in the Contract to codes and standards
in accordance with which it shall be executed, the edition or the revised
version of such codes and standards shall be those specified in the
Technical Specification. During Contract execution, any changes in any
such codes and standards shall be applied only after approval by the
Purchaser and shall be treated under GCC Clause 19.
32. Inspections and 32.1 The Purchaser shall have the right to test the Goods to confirm their
Tests conformity to the Contract specifications. The PCC and Technical
specifications shall specify what tests the Purchaser requires and
where they are to be conducted. The supplier shall at its own expense
and at no cost to the Purchaser, carry out all such tests of the Goods
and related services as are specified in the Contract.
32.2 The Supplier shall provide the Purchaser with a report of the results of
any such test.
32.3 The Purchaser may engage external agents for the purpose of
conducting inspection or pre-shipment inspection of Goods, provided
that the Purchaser shall bear all of its costs and expenses.
32.4 The Purchaser or its designated representative as specified shall be

entitled to attend the tests and/or inspections under GCC Clause 32.1,
provided that the Purchaser shall bear all of its own costs and
expenses incurred in connection with such attendance.
32.5 Whenever the Supplier is ready to carry out any such test and
inspection, it shall give a reasonable advance notice, including the
place and time, to the Purchaser. The Supplier shall obtain from any
relevant third party or manufacturer any necessary permission or
46
consent to enable the Purchaser or its designated representative to

attend the test and/or inspection.
32.6 The Purchaser may require the Supplier to carry out any test and/or
inspection not required by the Contract, but deemed necessary to
verify that the characteristics and performance of the Goods comply
with the technical specifications, codes and standards under the
Contract, provided that the Supplier’s reasonable costs and expenses
incurred in the carrying out of such test and/or inspection shall be
added to the Contract Price. Further, if such test and/or inspection
impede the progress of manufacturing and/or the Supplier’s
performance of its other obligations under the Contract, due allowance
will be made in respect of the Delivery Dates and Completion Dates
and the other obligations so affected.
32.7 The Purchaser may reject any Goods or any part thereof that fail to
pass any test and/or inspection or do not conform to the specifications.
The Supplier shall either rectify or replace such rejected Goods or parts
thereof or make alterations necessary to meet the specifications at no
cost to the Purchaser, and shall repeat the test and/or inspection, at no
cost to the Purchaser, upon giving a notice under GCC Sub-Clause
32.5.
32.8 The Supplier agrees that neither the execution of a test and/or
inspection of the Goods or any part thereof, nor the attendance by the
Purchaser or its representative, nor the issue of any report as stated
under GCC Sub-Clause 32.2, shall relieve the Supplier from any
warranties or other obligations under the Contract.
33. Warranty 33.1 The Supplier warrants that all the Goods supplied under the Contract
are new, unused, and of the most recent or current models, and that
they incorporate all recent improvements in design and materials,
except when the design and/or material required by the Purchaser
provides otherwise under GCC Clause 19.
33.2 The Supplier further warrants that the all Goods supplied under this
Contract shall have no defect, arising from design, materials, or
workmanship or from any act or omission of the Supplier that may
develop under normal use of the supplied Goods in the conditions
prevailing in Bangladesh.
33.3 In order to assure that manufacturing defects shall be corrected by the

Supplier, manufacturer, or distributor, as the case may be, a warranty
shall be required from the Supplier for a minimum period of three (3)
months in the case of supplies, and one (1) year in the case of
equipment, or other such period as may be specified in the PCC, after
the Goods, or any portion thereof as the case may be, have been
delivered to and accepted in the form of an Acceptance Certificate as
indicated in the GCC Clause 24.1 at the final destination indicated in
the PCC
33.4 The warranty periods may vary among the various items and lots. The
warranty for Goods delivered ahead will lapse earlier than the
succeeding deliveries.
33.5 The Purchaser shall promptly notify the Supplier in writing of any claims
arising under this warranty.
702269551.docx 47
33.6 Upon receipt of such notice, the Supplier shall, within the period
specified in the PCC, expeditiously repair or replace the defective
Goods or parts thereof, at no cost to the Purchaser.
33.7 If the Supplier, having been notified, fails to remedy the defect(s) within
the period as stated under GCC Sub Clause 33.6, the Purchaser may
proceed to call upon the Performance security without prejudice to any
other rights which the Purchaser may have against the Supplier under
the Contract and under the applicable law.
33.8 Performance Security under GCC Clause no 30 shall only be released

after the lapse of the warranty period, provided that the goods supplied
are free from patent and latent defects and all the conditions imposed
under the contract have been fully met.
(a) A patent defect, which is one that is apparent to the buyer on
normal observation. It is an apparent or obvious defect.
i. For example, a ball pen that does not write is patently
defective.
(b) A latent defect, which is one that is not apparent to the buyer by
reasonable observation. A latent defect is “hidden” or one that
is not immediately determinable.
i. For example, a ball pen that writes .75 kilometres instead
of the expected 1.5 kilometres, has a latent defect.
34. Delays in 34.1 The Supplier must deliver the Goods or perform the services procured
Delivery and within the period prescribed by the Purchaser, as specified in the
Extensions of Contract.
Time
34.2 If at any time during performance of the Contract, the Supplier or its
subcontractors should encounter conditions impeding timely delivery of
the Goods or completion of Related Services as stated under GCC
Clause 23, the Supplier shall promptly notify the Purchaser in writing. It
must state therein the cause/s and duration of the expected delay. The
Purchaser shall decide whether and by how much to extend the time.
In all cases, the request for extension should be submitted before the
lapse of the original delivery date.
34.3 Within twenty-one (21) days of receipt of the Supplier’s notice, the
Purchaser shall evaluate the situation and may grant time extensions, if
based on justifiable grounds, without liquidated damages.
34.4 The Procuring may extend up to twenty percent (20%) of the original
contract time, above 20% of the original contract time approval of Head
of Purchaser (HOPE) shall be required, in which case the extension
shall be ratified by the Parties by amendment of the Contract as stated
under GCC Clause 46.
34.5 Except in the case of Force Majeure, as provided under GCC Clause
38, a delay by the Supplier in the performance of its Delivery and
Completion obligations shall render the Supplier liable to the imposition
of liquidated damages as stated under GCC Clause 35, unless an
extension of time is agreed upon, under GCC Sub-Clause 34.3.
35. Liquidated 35.1 Subject to GCC Clause 34 and 38, if the , if the Supplier fails to deliver
Damages any or all of the Goods by the Date(s) of delivery and/or perform the
Related Services within the period specified in the Contract as stated
under GCC Clause 23, the Purchaser shall, without prejudice to all its
48
other remedies under the Contract, deduct from the Contract Price, as
liquidated damages, a sum equivalent to the percentage specified in
the PCC of the Contract price of the delayed Goods or unperformed /
Related Services for each week or part thereof of delay until actual
delivery or performance, up to a maximum deduction of the percentage
specified in those PCC. Once the maximum is reached, the Purchaser
may terminate the Contract as stated under GCC Clause 42.
36. Limitation of 36.1 Except in cases of criminal negligence or wilful misconduct, and in
Liability the case of infringement of patent and intellectual property rights, if
applicable, the Supplier shall not be liable to the Purchaser, 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, the aggregate liability of the Supplier to the Purchaser
shall not exceed the total Contract Price, provided that this limitation
shall not apply, to the cost of repairing or replacing defective
equipment or, to any obligation of the Supplier to pay liquidated
damages to the Purchaser.
37. Change in Laws 37.1 Unless otherwise specified in the Contract, if after the Contract, any
and Regulations 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 Delivery
Date and/or the Contract Price, then such Delivery Date and/or
Contract Price shall be correspondingly increased or decreased, to the
extent that the Supplier has thereby been affected in the performance
of any of its obligations under the Contract.
38. Definition of 38.1 In this Clause, “Force Majeure” means an exceptional event or
Force Majeure circumstance:
(a) which is beyond a Party’s control;

(b) which such Party could not reasonably have provided against
before entering into the Contract;
(c) which, having arisen, such Party could not reasonably have
avoided or overcome; and
(d) which is not substantially attributable to the other Party.
38.2 Force Majeure may include, but is not limited to, exceptional events or
circumstances of the kind listed below, so long as conditions (a) to (d)
above are satisfied:
(i) war, hostilities (whether war be declared or not), invasion, act of

foreign enemies;
(ii) rebellion, terrorism, sabotage by persons other than the
Contractor’s Personnel, revolution, insurrection, military or
usurped power, or civil war;
(iii) riot, commotion, disorder, strike or lockout by persons other than
the Contractor’s Personnel;
(iv) 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, and
(v) natural catastrophes such as cyclone, hurricane, typhoon,
702269551.docx 49
tsunami, storm surge, floods, earthquake , landslides, fires,
epidemics, quarantine restrictions, or volcanic activity;
(vi) freight embargoes;
(vii) acts of the Government in its sovereign capacity.
39. Notice of Force 39.1 If a Party is or will be prevented from performing its substantial
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. The notice shall be given within 14 days
after the Party became aware, or should have become aware, of the
relevant event or circumstance constituting Force Majeure.
39.2 The Party shall, having given notice, be excused performance of its
obligations for so long as such Force Majeure prevents it from
performing them.
39.3 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.
40. Duty to Minimise 40.1 Each Party shall at all times use all reasonable endeavours to minimise
Delay any delay in the performance of the Contract as a result of Force
Majeure.
40.2 A Party shall give notice to the other Party when it ceases to be
affected by the Force Majeure.
41. Consequences of 41.1 The Supplier shall not be liable for forfeiture of its Performance
Force Majeure Security, liquidated damages, or termination for default if and to the
extent that it’s delay in performance or other failure to perform its
obligations under the Contract is the result of an event of Force
Majeure.
41.2 The Purchaser may suspend the delivery or contract

implementation, wholly or partly, by written order for a certain period
of time, as it deems necessary due to force majeure as defined in
the contract.
41.3 Delivery made either upon the lifting or the expiration of the
suspension order. However, if the Purchaser terminates the contract
as stated under GCC clause 42, resumption of delivery cannot be
done.
41.4 Head of Purchaser determines the existence of a force majeure that

will be basis of the issuance of suspension of order.
41.5 Adjustments in the delivery or contract schedule and/or contract

price, Including any need to modify contract under GCC Clause 46.
42. Termination for 42.1 The Purchaser shall terminate this Contract for default when any of the
Default following conditions attends its implementation:
(a) Outside of force majeure, the Supplier fails to deliver or perform

any or all of the GOODS within the period(s) specified in the
contract, or within any extension thereof granted by the
50
Purchaser pursuant to a request made by the Supplier prior to

the delay;
(b) As a result of force majeure, the Supplier is unable to deliver or
perform any or all of the GOODS, amounting to at least ten
percent (10%) of the contract price, for a period of not less than
sixty (60) calendar days after receipt of the notice from the
Purchaser stating that the circumstance of force majeure is
deemed to have ceased; or
(c) The Supplier fails to perform any other obligation under the
Contract;
(d) If the Supplier, in the judgment of the Purchaser has
engaged in corrupt, fraudulent, collusive or coercive
practices, as stated under GCC Clause 3, in competing for or
in executing the Contract;
(e) When deductible amount due to liquidated damage reaches
its maximum as stated under GCC Clause 35.
42.2 Termination of a contract for default is without prejudice to other
remedies available to the Purchaser for breach of contract, such as
payment of liquidated and other damages, if there are grounds for
the latter.
42.3 In the event the Purchaser terminates the Contract in whole or in part,
as stated under GCC Clause 42.1, the Purchaser may procure, upon
such terms and in such manner as it deems appropriate, Goods or
Related Services similar to those undelivered or not performed, and the
Supplier shall be liable to the Purchaser for any additional costs for
such similar Goods or Related Services. However, the Supplier shall
continue performance of the Contract to the extent not terminated.
42.4 In the event as stated under GCC Clause 42.1(d),the Purchaser
shall,
(a) terminate the Supplier's employment under the Contract and
cancel the contract, after giving 14 days’ notice to the
Supplier and the provisions of Clause 42 shall apply as if
such expulsion had been made under Sub-Clause 42.1
(b) declare, at its discretion, the concerned Person to be
ineligible to participate in further Procurement proceedings,
either indefinitely or for a specific period of time.
43. Termination for 43.1 The Purchaser shall terminate this Contract if the Supplier is declared
insolvency bankrupt or insolvent as determined with finality by a court of
competent jurisdiction. In this event, termination will be without
compensation to the Supplier, provided that such termination will not
prejudice or affect any right of action or remedy which has accrued or
will accrue thereafter to the Purchaser and/or the Supplier.
44. Termination for 44.1 The Purchaser, by written notice sent to the supplier, may terminate
Convenience this Contract, in whole or in part, at any time for its convenience. The
notice of termination shall specify that the termination is for the
Purchaser’s convenience, the extent to which performance of the
supplier under the contract is terminated, and the date upon which
such termination becomes effective.
44.2 Any of the following circumstances may constitute sufficient grounds to

terminate a contract for conveniences :
702269551.docx 51
(a) If Physical and economic conditions have significantly changed
so as to render the contract no longer economically, financially
or technically feasible, as determined by the Head of Purchaser;
(b) The Head of Purchaser has determined the existences of
conditions that make contract implementation impractical and/or
unnecessary, such as, but not limited to , fortuitous event/s,
change in laws and government policies;
(c) Funding for the contract has been withheld or reduced;
(d) Any circumstances analogous to the foregoing.
44.3 The GOODS that have been delivered and/or performed or are ready
for delivery or performance within thirty (30) calendar days after the
Supplier’s receipt of Notice to Terminate shall be accepted by the
Purchaser at the contract terms and prices. For GOODS not yet
performed and/or ready for delivery, the Purchaser may elect:
(a) to have any portion delivered and/or performed and paid at the
contract terms and prices; and/or
(b) to cancel the remainder and pay to the Supplier an agreed
amount for partially completed and/or performed goods and for
materials and parts previously procured by the Supplier.
45. Procedures for 45.1 The following provisions shall govern the procedures for termination of
Termination of this Contract as stated under GCC Clauses 42,43 and 44:
Contracts
(a) Upon receipt of a written report of acts or causes which may
constitute ground(s) for termination as aforementioned, or
upon its own initiative, the Purchaser shall, within a period of
seven (7) calendar days, verify the existence of such
ground(s) and cause the execution of a Verified Report, with
all relevant evidence attached;
(b) Upon recommendation by the Purchaser, the Head of the
Purchaser shall terminate this Contract only by a written notice
to the Supplier conveying the termination of this Contract. The
notice shall state:
i. that this Contract is being terminated for any of the
ground(s) afore-mentioned, and a statement of the acts
that constitute the ground(s) constituting the same;
ii. the extent of termination, whether in whole or in part;
iii. an instruction to the Supplier to show cause as to why
this Contract should not be terminated; and
iv. special instructions of the Purchaser, if any.
(c) The Notice to Terminate shall be accompanied by a copy of

the Verified Report;
(d) Within a period of seven (7) calendar days from receipt of the
Notice of Termination, the Supplier shall submit to the Head of
the Purchaser a verified position paper stating why this
Contract should not be terminated. If the Supplier fails to
52
show cause after the lapse of the seven (7) day period, either
by inaction or by default, the Head of the Purchaser shall issue
an order terminating this Contract;
(e) The Purchaser may, at any time before receipt of the

Supplier’s verified position paper, withdraw the Notice to
Terminate if it is determined that certain items or works subject
of the notice had been completed, delivered, or performed
before the Supplier’s receipt of the notice;
(f) Within a non-extendible period of ten (10) calendar days from

receipt of the verified position paper, the Head of the
Purchaser shall decide whether or not to terminate this
Contract. It shall serve a written notice to the Supplier of its
decision and, unless otherwise provided, this Contract is
deemed terminated from receipt of the Supplier of the notice of
decision. The termination shall only be based on the
ground(s) stated in the Notice to Terminate; and
(g) The Head of the Purchaser may create a Contract Termination

Review Committee (CTRC) to assist him in the discharge of
this function. All decisions recommended by the CTRC shall
be subject to the approval of the Head of the Purchaser.
46. Contract 46.1 Subject to applicable laws, no variation in or modification of the

Amendment terms of this Contract shall be made except by written amendment
signed by the parties.
46.2 The Purchaser, in accordance with their Delegation of Financial

Powers, as required, may amend the Contract to reflect the changes
introduced to the Original terms and Conditions of the Contract.
47. Settlement of 47.1 Amicable Settlement:

Disputes
(a) The Purchaser and the Supplier shall use their best efforts to
settle amicably all disputes arising out of or in connection with
this Contract or its interpretation.
47.2 Adjudication
(a) If the Supplier /Purchaser believe that amicable settlement of
dispute is not possible between the two parties, the dispute
shall be referred to the Adjudicator within fourteen (14) days
of first written correspondence on the matter of disagreement;
(b) The Adjudicator named in the PCC is jointly appointed by the
parties. In case of disagreement between the parties, the
Appointing Authority designated in the PCC shall appoint the
Adjudicator within fourteen (14) days of receipt of a request
from either party;
(c) The Adjudicator shall give its decision in writing to both
parties within twenty-eight (28) days of a dispute being
referred to it;
(d) The supplier shall make all payments (fees and reimbursable
expenses) to the Adjudicator, and the Purchaser shall
reimburse half of these fees through the regular progress
702269551.docx 53
payments;
(e) Should the Adjudicator resign or die, or should the Purchaser
and the Supplier agree that the Adjudicator is not functioning
in accordance with the provisions of the Contract; a new
Adjudicator will be jointly appointed by the Purchaser and the
Supplier. In case of disagreement between the Purchaser
and the Supplier the Adjudicator shall be designated by the
Appointing Authority designated in the PCC at the request of
either party, within fourteen (14) days of receipt of a request
from either party.
47.3 Arbitration
(a) If the Parties are unable to reach a settlement under GCC
Clause 47.1(a) within twenty-eight (28) days of the first
written correspondence on the matter of disagreement, then
either Party may give notice to the other party of its intention
to commence arbitration in accordance with GCC Sub-Clause
47.3(b);
(b) The arbitration shall be conducted in accordance with the
rules of procedure specified in the PCC.
33.9
54
Section 4. Particular Conditions of Contract

Instructions for completing the Particular Conditions of Contract are provided, as needed, in the notes in
italics mentioned for the relevant GCC clauses.
GCC Clause Amendments of, and Supplements to, Clauses in the General Conditions of
Contract
GCC 1.1(j) The Purchaser is [insert complete name of the Purchaser].
GCC 1.1(o) The site(s)/ point(s) of delivery is/are: [ insert name(s) and detailed information on
the location(s) of the site(s)]
GCC 5.1(i) The following documents shall also be part of the Contract: [insert the name of the
documents]
GCC 11.1 For notices, the Purchaser’s contact details shall be:
Attention:
Address:
Telephone:
Facsimile number:
For notices, the Supplier’s contact details shall be:

Attention:
Address:
Telephone:
Facsimile number:
GCC 18.1 The scope of Supply shall be defined in: [insert “section 6, Schedule of Supply” ]
or
[At the time of awarding the Contract, the Purchaser shall specify any change in the
Scope of Supply with respect to Section 6, Schedule of supply included in the Tender
Document. Such changes may be due, for instance, if the quantities of goods and related
Services are increased or decreased at time of award]
GCC 22.2 The packing, marking and documentation within and outside the packages shall be:
[insert in detail the type of packing required, the markings in the packing and all
documentation required]
The outer packing may be clearly marked on at least four slides as follows:
Name and address of Purchaser
702269551.docx 55
Name of the Supplier
Contract Description
Final Destination/Delivery Point
Gross weight
Package number of total number of packages
Brief description of the content
Any special lifting instructions
Any special handling instructions
[Note: The above requirements should be reviewed by a Purchaser on a case-by-
case basis, with amendments being made as necessary.]
GCC 23.2 Details of shipping and documents to be furnished by the Supplier shall be:
[insert the detail requirements of documents]
[Note1 : For example insert:

“For Goods supplied from abroad as per INCOTERM CIF or CIP :
Upon shipment, the Supplier shall notify the Purchaser and the Insurance Company
by telex or fax the full details of the shipment, including Contract number, description
of Goods, quantity, the vessel, the bill of lading number and date, port of loading,
date of shipment, port of discharge, etc. The Supplier shall send the following
documents to the Purchaser, with a copy to the Insurance Company:
(a) ….copies of the Supplier’s invoice showing the description of the
Goods, quantity, unit price, and total amount;
(b) original and….copies of the negotiable, clean, on-board bill of
lading marked “freight prepaid” and….copies of non-negotiable bill
of lading;
(c) .….copies of the packing list identifying contents of each package;
(d) insurance certificate;
(e) Manufacturer’s or Supplier’s warranty certificate;
(f) inspection certificate, issued by the nominated inspection agency,
and the Supplier’s factory inspection report; and
(g) certificate of origin.
The Purchaser shall receive the above documents at least one week before
arrival of the Goods at the port or place of arrival and, if not received, the
Supplier will be responsible for any consequent expenses.
The Purchaser, shall receive the above documents before the arrival of the
Goods and, if not received, the Supplier will be responsible for any
consequent expenses.]
[Note 2: The above requirements should be reviewed by a Purchaser on a case-by-

56
For Goods from within the Purchaser’s country as per INCOTERM EXW:
Upon delivery of the Goods to the transporter, the Supplier shall notify the Purchaser
and send the following documents to the Purchaser:
(a) ….copies of the Supplier’s invoice showing the description of the
Goods, quantity, unit price, and total amount;
(b) delivery note, railway receipt, or truck receipt;
(c) Manufacturer’s or Supplier’s warranty certificate;
(d) inspection certificate issued by the nominated inspection agency,
and the Supplier’s factory inspection report; and
(e) certificate of origin.
The Purchaser, shall receive the above documents before the arrival of the Goods
and, if not received, the Supplier will be responsible for any consequent expenses.
[Note: The above requirements should be reviewed by a Purchaser on a case-by-

GCC 25.1 The Contract price is: [insert the contract Price]
GCC 26.2 Responsibility of the Purchaser and Supplier is : [ specify the responsibilities]
GCC 27.1 Sample provision:

The method and conditions of payment to be made to the Supplier under this
Contract shall be as follows:
Payment for Goods supplied from abroad:
Payment of foreign currency portion shall be made in ( )

[currency of the Contract Price] in the following manner:
(a) Advance Payment: [usually ten (10)] percent of the Contract Price shall be
paid within thirty (30) days of signing of the Contract, and upon
submission of claim and a bank guarantee for equivalent amount valid
until the Goods are delivered and in the form provided in the Tender
Document (PG4-10).
[For aid funded procurement Advance Payments may be applicable. However, for
100% GoB funded procurement Advance payments shall not be applicable
unless otherwise specifically decided by Government. The Purchaser should
amend this clause as required for the particular procurement.]
(b) On Shipment: Eighty (80) percent of the Contract Price of the Goods
shipped shall be paid through irrevocable confirmed letter of credit
opened in favour of the Supplier in a bank in its country, upon submission
of documents specified in GCC Clause 23.
702269551.docx 57
(c) On Acceptance: Ten (10) percent of the Contract Price of Goods received
shall be paid within thirty (30) days of receipt of the Goods upon
submission of claim supported by the acceptance certificate issued by the
Purchaser specified in GCC Clause 24.
Payment of local currency portion shall be made in Bangladeshi Taka (BDT)
within thirty
(30) days of presentation of claim supported by a certificate from the
Purchaser declaring that the Goods have been delivered and that all other
contracted Related Services have been performed.
Payment for Goods and Services supplied from within the
Bangladesh:
Payment for Goods and Services supplied from within the Purchaser’s country
shall be made in _____ [currency], as follows:
(d) Advance Payment: [usually ten (10)] percent of the Contract Price shall be
paid within thirty (30) days of signing of the Contract, and upon
submission of claim and a bank guarantee for equivalent amount valid
until the Goods are delivered and in the form provided in the Tender
Document (PG4-10).
[For aid funded procurement Advance Payments may be applicable. However, for
100% GoB funded procurement Advance payments shall not be applicable
unless otherwise specifically decided by Government. The Purchaser should
amend this clause as required for the particular procurement.]
(e) On Delivery and Acceptance: [usually ninety (90%), if advance payment is

applicable, hundred (100%), if advance payment is not applicable ]
percent of the Contract Price of the Goods delivered shall be paid after
submission of documents specified in GCC Clause 23.1 supported by the
Acceptance Certificate issued by the Purchaser as per GCC Clause 24.
GCC 27.3 Payments shall be made in no case later than the days [Indicate the days] after
submission of an invoice or request for payment by the Supplier, and after the
Purchaser has accepted it.
[Note: may be 30, 45, 60 days etc.]
GCC 27.5 The payment-delay period after which the Purchaser shall pay interest to the
supplier shall be [Indicate the days] days after submission of an invoice or request
for payment by the Supplier, and after the Purchaser has accepted it.
[Note: may be 30, 45, 60 days etc.]
The interest rate that shall be applied is [ %] percent
[Note: The interest rate shall normally be 1% above the lending rate of scheduled banks
in Bangladesh]
GCC 28.2 The insurance coverage shall be: [insert specific insurance provisions agreed upon,
including coverage, currency and amount]
58
GCC 32.1 The inspections and tests shall be :[ insert type of test, time, place, procedures for
carrying out the inspections and tests
Goods:
Type of test:
Time or milestone:
Place:
Procedure: ]
[Note: Depending on the type of Goods to be procured, there may be a need to provide
for special inspections and/or tests to be carried out. In particular, this will be the case
when the Goods are designed specifically for the purpose of the Project in question or
where due to the nature of the Goods, there is a need to ensure compliance with certain
technical specifications and requirements at an early stage. If there is a need for such
special inspections and/or tests, the PCC should mention specific testing methods and
the timing or milestones and places where the tests and/or inspections are to be carried
out. ]
GCC 33.3 The period of validity of the Warranty shall be: [insert number] of days.
For purpose of the Warranty, the place(s) of final destination(s) shall be: [insert
name(s) of location(s)]
GCC 33.6 The Supplier shall correct any defects covered by the Warranty within [insert period,
i.e. number of days] of being notified by the Purchaser of the occurrence of such
defects.
GCC 35.1 The applicable rate for liquidated damages for delay shall be : [ insert rate, i.e. 0.5
percent of the Contract Price of the delayed Goods or unperformed Related services
for each week of delay until actual delivery or performance]
The maximum amount of liquidated damages shall be: [ insert maximum amount for
liquidated damages, i.e. Ten (10%) percent of the Contract Price].
GCC 47.2(b) The name of the Adjudicator[insert the name of the Adjudicator]
The name of the appointing authority of the Adjudicator [ insert the name of the
appointing authority]
GCC 47.3(b) The rules of procedure for arbitration proceedings shall be as follows:
[The tender documents should contain one clause to be retained in the event of
a Contract with a foreign Supplier and one clause to be retained in the event of
a Contract with a Supplier who is a national of the Bangladesh. .
“Clause (i) shall be retained in the case of a Contract with a foreign Supplier and
clause (ii) shall be retained in the case of a Contract with a national of the
Purchaser’s country.”]
702269551.docx 59
(i) Contract with foreign Supplier:
[For contracts entered into with foreign suppliers, International

commercial arbitration may have practical advantages over other dispute
settlement methods. The World Bank should not be named as arbitrator,
nor should it be asked to name an arbitrator. Among the rules to govern
the arbitration proceedings, the Purchaser may wish to consider the
United Nations Commission on International Trade Law (UNCITRAL)
Arbitration Rules of 1976, the Rules of Conciliation and Arbitration of the
International Chamber of Commerce (ICC), the Rules of the London
Court of International Arbitration or the Rules of Arbitration Institute of the
Stockholm Chamber of Commerce.]
If the Purchaser chooses the UNCITRAL Arbitration Rules, the

following sample clause should be inserted:
GCC 47.3 (b)—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 UNCITRAL Arbitration
Rules as at present in force.
If the Purchaser chooses the Rules of ICC, the following sample

clause should be inserted:
GCC 47.3 (b)—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 appointed in accordance with said Rules.
If the Purchaser chooses the Rules of Arbitration Institute of

Stockholm Chamber of Commerce, the following sample clause
should be inserted:
GCC 47.3 (b)—Any dispute, controversy or claim arising out of or in

connection with this Contract, or the breach termination or invalidity
thereof, shall be settled by arbitration in accordance with the Rules of the
Arbitration Institute of the Stockholm Chamber of Commerce.
If the Purchaser chooses the Rules of the London Court of

International Arbitration, the following clause should be inserted:
GCC 47.3 (b)—Any dispute arising out of or in connection with this

Contract, including any question regarding its existence, validity or
termination shall be referred to and finally resolved by arbitration under
the Rules of the London Court of International Arbitration, which rules are
deemed to be incorporated by reference to this clause.
(b) Contracts with Supplier national of the Purchaser’s country:
In the case of a dispute between the Purchaser and a Supplier who is a

national of the Bangladesh, the dispute shall be referred to adjudication or
arbitration in accordance with the laws of the Bangladesh i.e. Arbitration Act
( Act No 1 of 2001) of Bangladesh as at present in force.
60
Section 5. Tender and Contract Forms
Form Title
Tender Forms
PG4 – 1 Tender Submission Letter
PG4 – 2 Tenderer Information Sheet
PG4-2A Subcontractor Information
PG4 – 3A,3B & 3C Price Schedule for Goods
PG4 – 3D Price Schedule for Related Services
PG4 – 4 Specifications Submission and Compliance Sheet
PG4 – 5 Manufacturer’s Authorisation Letter
PG4 – 6 Bank Guarantee for Tender Security
PG4 – 6A Bank’s Commitment for Line of Credit (when this option is chosen)
Contract Forms
PG4 – 7 Notification of Award
PG4 – 8 Contract Agreement
PG4 – 9 Bank Guarantee for Performance Security
PG4 – 10 Bank Guarantee for Advance Payment
Forms PG4-1 to PG4-6 comprises part of the Tender and should be completed as stated in
ITT Clause 21.
Forms PG4-7 to PG4-10 comprises part of the Contract as stated in GCC Clause 5.
702269551.docx 61
Tender Submission Letter (Form PG4 – 1)
[This letter shall be completed and signed by the Authorized Signatory
on the Letter-Head pad of the Tenderer]
To: Date:
[Contact Person]
[Name of Purchaser]
[Address of Purchaser]
Invitation for Tender No: [indicate IFT No]
Tender Package No: [indicate Package No]
Lot No: [indicate number of Lots]
We, the undersigned, offer to supply in conformity with the Tender Document the
following Goods and related Services:
In accordance with ITT Clauses 23 and 24, the following prices and discounts apply to
our Tender:
The Tender Price is: a. BDT [state amount in figures]

(ITT Sub-Clause 23.1) [state amount in words]
b. Other Currency(s) [state amount
in figures]
[state amount in words]
as stated in the TDS Sub-Clause 24.3
In Accordance with ITT sub clause 23.9 (a) ___________________

and 23.9 (b) the unconditional discount [Percentage in figures and words]
offered by us is:
(This discount shall be applicable on all the
items of Price Schedule after Arithmetical
Correction)
The advance payment (when applicable) is: ___________________
[insert the percentage of the Contract Price ] [Percentage in figures and words]
(GCC Sub-Clause 27.1)
and we shall accordingly submit an Advance Payment Guarantee in the format shown in
Form PG4-10.
Mandatory Spare Parts Price (When BDT ________________
Economic Factor applicable) is: [in figures]
(ITT Sub-Clause 52.2 (f) & 52.5 (b))
BDT ________________
[in words]
62
and we shall accordingly submit an Advance Payment Guarantee in the

format shown in Form PG4 - 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 27.2) 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 Clause 29) and valid for a period of 28 days beyond the
Tender validity date;
c) if our Tender is accepted, we commit to furnishing a Performance Security in the

amount stated in the Tender Data Sheet (ITT Sub-Clause 63.2) in the form stated in
Tender Data Sheet (ITT Sub-Clause 64.1) and valid for a period of 28 days beyond
the date of completion of our performance obligations;
d) we have examined and have no reservations to the Tender Document, issued by you
on [insert date];
including Addendum to Tender Documents 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 have
been issued];
e) we, including as applicable, subcontractor for any part of the contract resulting from
this Tender process, have nationalities from eligible countries, in accordance with ITT
Sub-Clause 5.1;
f) we are submitting this Tender as a sole Tenderer
g) we are not a Government owned entity as defined in ITT Sub-Clause 5.3

or
we are a Government owned entity, and we meet the requirements of ITT Sub-
Clause 5.3];
(delete one of the above as appropriate)
h) we, 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 Sub-Clause 5.5;
i) we, including as applicable subcontractor, have not been declared ineligible by the
Government of Bangladesh or the Development Partner, under the laws of
Bangladesh or official regulations or by an act of compliance with a decision of the
United Nations Security Council on charges of engaging in corrupt, fraudulent,
collusive, coercive (or obstructive in case of Development Partner) practices, in
accordance with ITT Sub-Clause 5.6;
j) furthermore, we are aware of ITT Sub Clause 4.3 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 Supply, in accordance with ITT

Sub-Clause 16.1 to the following Subcontractor(s);
702269551.docx 63
Nature of the Supply or related Name and address of Subcontractor
service
l) we, confirm that we do not have a record of poor performance, such as abandoning
the Supply, not properly completing contracts, inordinate delays, or financial failure
as stated in ITT Sub-Clause 5.8, and that we do not have, or have had, any litigation
against us, other than that stated in the Tenderer Information Sheet(Form PG4-2);
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 become a
binding Contract between us, until a formal Contract is prepared and executed;
n) we understand that you reserve the right to accept or reject any Tender, to cancel the
Tender proceedings, or to reject all Tenders, without incurring any liability to
Tenderers, in accordance with ITT Clause 58.1.
Signature: [insert signature of authorized representative

of the Tenderer]
Name: [insert full name of signatory with National ID]
In the capacity of: [insert designation of signatory]
Duly authorized to sign the Tender for and on behalf of the Tenderer
[If there is more than one (1) signatory add other boxes and sign accordingly].
Attachment 1: Written confirmation authorizing the above signatory(ies) to commit the Tenderer,
in accordance with ITT Sub-Clause 34.3;
64
Tenderer Information Sheet (Form PG4-2)
[The Tenderer shall fill in this Form in accordance with the instructions indicated below. No
alterations to its format shall be permitted and no substitutions shall be accepted]
Invitation for Tender No: [Indicate IFT No] Date [Insert date of
Tender
Submission]
Tender Package No: [Indicate Package No]
A. Individual Tenderers
1. Eligibility Information of the Tenderer [ITT Clauses 5 & 21]
1.1 Tenderer’s Legal Name:
1.2 Tenderer’s legal address in

Country of Registration
1.4 Tenderer’s Year of Registration
1.5 Tenderer’s Authorised

Representative Information
Name
National ID number
Address
Telephone / Fax Numbers
e-mail address
1.6 Attached are copies of original documents of : [check box(es) of the attached
original documents]
 Articles of Incorporation or Registration of firm named in 1.1, in accordance
with ITT sub-Clause 5.1and 5.2]
 In case of government owned entity, documents establishing legal and
financial autonomy and compliance with commercial law, in accordance
with ITT Sub-Clause 5.3
 An affidavit confirming the legal capacity stating that there are no existing
orders of any judicial court that prevents either the tenderer or employees
of a tenderer entering into or signing a Contract with the Purchaser in
accordance with ITT clause 5
 An affidavit confirming that the tenderer is not insolvent, in receivership or
not bankrupt or not in the process of bankruptcy, not temporarily barred
from undertaking their business for financial reasons and shall not be the
subject of legal proceedings for any of the foregoing in accordance with ITT
Clause 5.
702269551.docx 65
 A certificate issued by the competent authority of Bangladesh stating that
the Tenderer is a Tax payer having valid Tax identification Number (TIN)
and VAT registration number or in lieu any other document acceptable to
the Purchaser demonstrating that the Tenderer is a genuine Tax payer and
has a VAT registration number as a proof of fulfillment of taxation
obligations in accordance with ITT Clause 5 .
 Documentary evidence demonstrating that they are enrolled in the relevant
professional or trade organizations registered in Bangladesh in accordance
with ITT Clause 5.
2. Litigation History: [Number of arbitration awards against the tenderer over the period
in accordance the ITT Clause 13.1] if no [state “None”]
3. Qualification Information of the Tenderer:
3.1 Number of years of overall experience of

the Tenderer in the supply of goods and
related services as stated under ITT Sub-
Clause14.1(a):
3.2 Number of completed supply contracts in

the supply of similar goods and related
services of required value within the period
mentioned in TDS as stated under ITT
Sub-Clause 14.1(b):
 Number of Contracts:
 Value of the Contracts:
 Period of the Contract:
3.3 The supply and/or production capacity of

Goods, if applicable, as stated under ITT
Sub-Clause 14.(c)
3.4 Available liquid assets or working capital or

credit facility in accordance with ITT Clause
15.1(a)
66
Subcontractor Information (Form PG4-2A)
[This Form should be completed by each Subcontractor, preferably on its Letter-Head Pad]
Invitation for Tender No: [ IFT No]

Tender Package No [Package No]
Lot No. (when applicable) [ Lot No]
1. Eligibility Information of the Subcontractor [ITT Clause 5 and 26]

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
Limited Liability Concern
Government-owned Enterprise
Other
(please describe)
1.5 Subcontractor’s year of registration
1.6 Subcontractor’s authorised
representative details
Name
Address
Telephone / Fax numbers
e-mail address
1.7 Subcontractor to attach copies of All documents to the extent relevant to ITT Clause 5
the following original documents and 26 in support of its eligibility
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)
702269551.docx 67
[The foreign Subcontractors , in accordance with ITT Sub Clause 5.1, 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 Sub Clause 16.1]
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 Procuring
Entity
Contact Person and
contact details
Type of Good
supplied or service
provided or Works
performed
68
Price Schedule for Goods (Form PG4-3A)

[ Group A Tenders: Goods Manufactured in Bangladesh ]
Invitation for Tender No: Date:

Tender Package No: Package Description: [enter description as specified in Section 6]
Tender Lot No: Lot Description: [enter description as specified in Section 6]
1 2 3 4 5 6 7 8 9 10
Line Item Description Unit of Quantity Unit price EXW price Inland transportation, Cost of local labour, VAT Payable on Total Price per
No . of Item Measurement EXW per Line Insurance and other raw materials and account of line item
Item local costs for the components from with Supplier if the
delivery of the Goods origin in Bangladesh Contract is (Col. 6+7)
(Col. 4  5) to their final awarded
[FC or [FC or destination FC BDT
BDT.] BDT.] [BDT] [BDT]
[Insert [Insert name [Insert name of [Insert [Insert [Insert total [Insert corresponding [Insert cost of local [Insert Supplier’s [Insert total price
number of of Goods] the Unit] number of EXW unit EXW price price per line item] labour, raw material and VAT if Contract is per line item]
the item] Unit to be price, also per line item] components as a % of awarded ]
supplied] indicate the Col 5]
Currency]
1
Note : Price offered in foreign currency (FC) & Bangladeshi Taka (BDT) Total Price for Lot
Point of Delivery as per Schedule of Requirement: Period of Delivery as per Schedule of Requirement:
Name: [insert full name of signatory] Signature with Date and Seal
In the capacity of: [insert designation of signatory] [ Sign]
Duly authorised to sign the Tender for and on behalf of the Tenderer
702269551.docx 69
Price Schedule for Goods (Form PG4-3B)
[Group B Tenders: Goods Manufactured outside Bangladesh, to be imported]

1 2 3 4 5 6 7 8 9 10
Line Item Description Country of Unit of Quantity Unit price CIF/CIP price Inland transportation, VAT Payable on Total Price per
No . of Item Origin Measurement CIP[insert place per Line Item Insurance and other account of Supplier if line item
of destination] local costs for the the Contract is (Col. 7+ Col. 8)
delivery of the Goods awarded
Or CIF[insert port (Col. 5  6)
to their final destination FC BDT
of destination]
[BDT] [BDT]
[FC] [FC]
[Insert [Insert name [insert [Insert name of [Insert [Insert unit price in [Insert total [Insert corresponding [Insert Supplier’s VAT if [Insert total price
number of of Goods] country of the Unit] number of CIF or CIP, also price per line price per line item] Contract is awarded ] per line item ]
the item] origin of the Unit to be indicate currency ] item]
Good] supplied] (If applicable as per
VAT Act )
1
Note : Price offered in foreign currency (FC) & Bangladeshi Taka (BDT) Total Price for Lot
70
[Note: The Purchaser may also use other INCOTERMs, if deemed necessary, In such case Form PG4-3B, will require to be customized by the Purchaser]
Price Schedule for Goods (Form PG4-3C)

[ Group B Tenders: Goods Manufactured outside Bangladesh, already imported ]

1 2 3 3 4 5 6 7 8 9 10 11
Line Description Country Unit of Quantity Unit price Custom Unit Price per line Price per line Inland VAT Payable Total Price per
Item of Item of Measurement Including Custom Duties, import item net of item net of transportation, on account of line item
No . Origin Duties, import VAT & other Custom Duties, Custom Duties, Insurance and Supplier if the (Col.8+ Col.9)
VAT & other import taxes import VAT & import VAT & other local costs Contract is
import taxes already paid other import taxes other import for the delivery of awarded
already paid per unit already paid taxes already the Goods to their
[BDT] [BDT] paid final destination
[BDT] [BDT] [BDT]
(Col. 5 – Col.6) [BDT]
(Col. 4X Col. 7) [BDT]
[Insert [Insert name [insert [Insert name of [Insert [Insert unit price [Insert [insert unit price [ insert price [Insert [Insert [Insert total
number of Goods] country the Unit] number including CD & all CD,VAT & net of CD,VAT per line item net corresponding Supplier’s VAT price per line
of the of origin of Unit to import taxes] import taxes and import taxes] of CD,VAT and price per line item] if Contract is item ]
item] of the be paid per unit] import taxes] awarded ]
Good] supplied] to be
supported by
documents
702269551.docx 71
Note : Price offered in Bangladeshi Taka (BDT) Total Price for Lot
Price and Completion Schedule - Related Services (Form PG4-3D)

1 2 3 4 5 6 7 8 9
Service Description of Services Country of Unit of Quantity Unit price Price per line VAT Payable on Total Price per line
No. (excludes inland transportation Origin Measurement of service item of service account of Supplier if item of service
and other services required in [FC] or the Contract is (Col. 7)
Bangladesh to convey the [BDT] (Col. 5 X Col. 6) awarded
goods to their final destination) [FC] or [BDT] [BDT]
FC BDT
[insert [insert name of Services] [insert [Insert name of [Insert [Insert unit [Insert price per [Insert Supplier’s VAT if [Insert total price per
number ] country of the Unit] number of price] line item of service] Contract is awarded ] line item of service ]
origin of the Unit to be
Service] supplied]
Note Price offered in foreign currency (FC) & Bangladeshi Taka (BDT) Total Price for Lot
72
702269551.docx 73
Specifications Submission and Compliance Sheet (Form PG4-4)

Tender Package No: Package [enter description as
Description: specified in Section 6]
Tender Lot No: Lot [enter description as
Description: specified in Section 6]
Item Name of Goods Country of Make and Model Full Technical

No. Origin (when applicable) Specifications and
or Related Service
Standards
1 2 3 4 5
FOR GOODS Note 1
FOR RELATED
SERVICES
[The Tenderer should complete all the columns as required]
Signature: [insert signature of authorised representative

of the Tenderer]
Name: [insert full name of signatory]
In the capacity of: [insert designation of signatory]
74
Manufacturer’s Authorisation Letter (Form PG4 - 5)

[The Tenderer shall require the Manufacturer to fill in this Form in accordance with the instructions
indicated. This letter of authorization should be on the letterhead of the Manufacturer and should be signed
by a person with the proper authority to sign documents that are binding on the Manufacturer. The Tenderer
shall include it in its tender, if so indicated in the TDS as stated under ITT Sub-Clause26.1(b)]
Tender Package No:
Tender Lot No:

To:
Name and address of Purchaser]
WHEREAS
We [insert complete name of Manufacturer],
who are official manufacturers of [insert type of goods manufactured], having factories at [insert full
address of Manufacturer’s factories], do hereby
authorize [insert complete name of Tenderer] to supply the following Goods, manufactured by us
[insert name and or brief description of the Goods].
We hereby extend our full guarantee and warranty as stated under GCC Clause 33 of the General
Conditions of Contract, with respect to the Goods offered by the above Tenderer.
Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]
Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]

Address: [insert full address including Fax and e-mail]
Title: [insert title]
Date: [insert date of signing]
702269551.docx 75
Bank Guarantee for Tender Security (Form PG4 – 6)
[this is the format for the Tender Security to be issued by a scheduled bank
of Bangladesh as stated under ITT Clauses 29 and 30]
Tender Package No:
Tender Lot No:

To:
[Name and address of Purchaser]
TENDER GUARANTEE No:
We have been informed that [insert name of Tenderer] (hereinafter called “the Tenderer”) intends to
submit to you its Tender dated [insert date of Tender] (hereinafter called “the Tender”) for the
supply of [description of goods and related services] under the above Invitation for Tenders
(hereinafter called “the IFT”).
Furthermore, we understand that, according to your conditions, Tenders must be supported by a

Bank Guarantee for Tender Security .
At the request of the Tenderer, 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 Tk [insert amount
in figures and in 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
Instructions to Tenderers (ITT) ; or
c. failed to furnish Performance Security within the period as 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 in accordance with the ITT; or
This guarantee will expire:
(a) if the Tenderer is the successful Tenderer, upon our receipt of a copies of the contract
signed by the Tenderer and 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.
Signature Seal
76
Letter of Commitment for Bank’s Undertaking for Line of Credit

(Form PG4-6A)
[This is the format for the Credit Line to be issued by any internationally reputable bank in accordance with ITT Clause
26.1(d)]
Memo No.: Date:
Tender Package No:
Lot No (when applicable):

To:
[Name and address of the Procuring Entity]
CREDIT COMMITTMENT No: [insert number]
We have been informed that [name of Tenderer] (hereinafter called “the Tenderer”) intends to submit to
you its Tender (hereinafter called “the Tender”) for the supply of Goods of [description of Goods and related
services] under the above Invitation for Tenders (hereinafter called “the IFT”).
Furthermore, we understand that, according to your conditions, the Tenderer’s Financial Capacity i.e.
Liquid Asset must be substantiated by a Letter of Commitment of Bank’s Undertaking for Line of Credit.
At the request of, and arrangement with, the Tenderer, we [name and address of the Bank] do hereby agree
and undertake that [name and address of the Tenderer] will be provided by us with a revolving line of credit,
in case awarded the Contract, for the delivery of Goods and related services viz. [ insert name of supply], for
an amount not less than [name of currency(s)] [Amount in figure] ( in words) for the sole purpose of the
supply of Goods and related services under the above Contract. This Revolving Line of Credit will be
maintained by us until issuance of “Acceptance Certificate” by the Procuring Entity.
In witness whereof, authorised representatives of the Bank have hereunto signed and sealed this Letter
of Commitment.
Name and Signature Name and Signature
702269551.docx 77
Notification of Award (Form PG4 - 7)
Contract No: Date:
To:
[Name of Contractor]
This is to notify you that your Tender dated [insert date] for the supply of Goods and related
Services for [name of contract] for the Contract Price of Tk [state amount in figures and in
words] as corrected and modified in accordance with the Instructions to Tenderers, has been
approved by [name of Purchaser].
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 62.3
ii. furnish a Performance Security in the specified format and in the amount of Tk
[state amount in figures and words] ,within Twenty-eight (28) days from issue of this
Notification of Award but not later than (specify date), in accordance with ITT Clause
64.2
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 Clause 67.2
You may proceed with the execution of the supply of Goods and related Services 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 Purchaser]
Date:
78
Contract Agreement (Form PG4 - 8)

THIS AGREEMENT made the [day] day of [month] [year] between [name and address of
Purchaser] (hereinafter called “the Purchaser”) of the one part and [name and address of Supplier]
(hereinafter called “the Supplier”) of the other part:
WHEREAS the Purchaser invited Tenders for certain goods and related services, viz, [brief
description of goods and related services] and has accepted a Tender by the Supplier for the supply
of those goods and related services in the sum of BDT [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 following documents forming the Contract shall be in the following order of precedence,
namely :
(a) the signed Form of Contract Agreement;
(b) the Notification of Award
(c) The Tender and the appendices to the Tender
(d) Particular Conditions of Contract;
(e) General Conditions of Contract;
(f) Technical Specifications;
(g) Drawings;
(h) Price Schedules and Schedule of Requirements and;
(i) other document including correspondences listed in the PCC forming part of
the Contract
3. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter

mentioned, the Supplier hereby covenants with the Purchaser to provide the goods and
related services and to remedy any defects therein in conformity in all respects with the
provisions of the Contract.
4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the
goods and related 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.
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 Purchaser: For the Supplier:
Signature
Print Name
Title
In the presence
of Name
Address
702269551.docx 79
Bank Guarantee for Performance Security (Form PG4 – 9)
[This is the format for the Performance Security to be issued by an internationally reputable
bank and it shall have correspondent bank located in Bangladesh, to make it enforceable in
accordance with ITT Sub-Clause 64.1 pursuant to Rule 27(4) of the Public Procurement Rules,
2008.]
Contract No: Date:
To:
PERFORMANCE GUARANTEE No: [insert Performance Guarantee number]
We have been informed that [name of supplier] (hereinafter called “the Supplier”) has
undertaken, pursuant to Contract No [reference number of Contract] dated [date of
Contract] (hereinafter called “the Contract”) for the supply of [description of goods and
related services] under the Contract.
Furthermore, we understand that, according to your conditions, Contracts must be

supported by a performance guarantee.
At the request of the Supplier, 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 Tk [insert
amount in figures and in words] upon receipt by us of your first written demand
accompanied by a written statement that the Supplier 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.
[Signatures of authorized representatives of the bank]
Signature Seal
80
Bank Guarantee for Advance Payment (Form PG4 – 10)
[this is the format for the Advance Payment Security to be issued by an internationally
reputable bank and it shall have correspondent bank located in Bangladesh, to make it
enforceable in accordance with GCC Clause 27.1]
Contract No: Date:
To:
ADVANCE PAYMENT GUARANTEE No:
We have been informed that [name of supplier] (hereinafter called “the Supplier”) has undertaken,
pursuant to Contract No [reference number of Contract] dated [date of Contract] (hereinafter called
“the Contract”) for the supply of [description of goods and related services] under the Contract.
Furthermore, we understand that, according to your Particular Conditions of Contract Clause 26.1,
Advance Payment(s) on Contracts must be supported by a bank guarantee.
At the request of the Supplier, 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 Tk [insert amount in figures
and in words] upon receipt by us of your first written demand accompanied by a written statement
that the Supplier 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 Purchaser and
the Supplier, 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 [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.
[Signatures of authorized representatives of the bank]
Signature Seal
702269551.docx 81
Section 6. Schedule of Requirements
Invitation for Tender No: Date
Tender Package No:
A. List of Goods and Delivery Schedule

When completing Form PG4-3A, 3B & 3C the Tenderer shall quote prices and contract delivery dates
for each lot separately, as specified in the List of Goods and Delivery Schedule.
Item Description of Item Unit of Quantity Point of Delivery Date Required

No. Measurement Delivery (in weeks)
[Final
(Project Site)
Destination
as specified Earliest Latest
in TDS] Delivery Delivery
Date Date
1 2 3 4 5 6 7
Purchaser’s Option for delivery terms is: [insert the number weeks
following the date of
contract signature, or the
date of opening L/C, or the
date of confirmation of the
L/C
Lot No 1: [enter description]
[add as many rows and details as there are individual items in the Lot]

Note: This Section provides the List of Goods and Delivery Schedule and List of Related Services and
Completion Schedule and must be carefully prepared by a Purchaser for each object of procurement
The Purchaser may include the delivery of a limited supply of fast-moving and/or hard-to-find spare parts in
this Schedule of Requirement. This is to ensure the continued use or operation of the equipment.
82
B. List of Related Services and Completion Schedule
When completing Form PG4-3D, the Tenderer shall quote prices and Completion date for services for
each item against each lot
Item Description of Item Unit of Quantity Place where Final Completion

No. Measurement Services shall be Date(s) of Services
performed
1 2 3 4 5 6
[insert required
Completion Date(s)


Notes on Related Services
The Purchaser shall clearly specify the related services/Incidental services, other than inland transportation
and other services required to convey the Goods to their final destination, in this Schedule of requirement. In
particular, these services may refer to any of the following but not limited to:
(a) performance or supervision of on-site assembly and/or start-up of the supplied Goods;
(b) performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time as
specified, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract;
and
(c) training of the Purchaser’s personnel, at the Supplier’s plant and/or on-site, in assembly, start-up, operation,
maintenance, and/or repair of the supplied Goods
702269551.docx 83
Section 7. Technical Specifications
The Goods and Related Services shall comply with following Technical Specifications:
Item Name of Item or Technical Specification and Standards

No Related Service
1 2 3

[add as many rows
[The Purchaser must explain in clear terms the exact
and details as there
Technical Specification and any relevant National or
are individual items
International Standards which have to be followed for the
in the Lot]
manufacture and supply of the goods or related services.
Technical Specifications shall specify what inspection and/or
tests the Purchaser requires and where they are to be
conducted]
Inspection and
1 The following inspections and tests shall be performed:
Tests
[insert list of inspections and tests]
[add as many rows
and details as there
are individual items
in the Lot]
Notes on Technical Specifications
[The Purchaser shall follow the Rule 29 of Public Procurement Rule,2008 while preparing the
Technical Specifications of the Goods ]
[A set of precise and clear specifications is a prerequisite for Tenderes to respond realistically and
competitively to the requirements of the Purchaser. In the context of Competitive Tender, the
specifications must be prepared 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 goods and services to be procured. Only if this is done will the objectives of transparency,
equity, efficiency, fairness and economy in procurement be realized, responsiveness of Tenders be
ensured, and the subsequent task of Tender evaluation and post-qualification facilitated. The
specifications should require that all items, materials and accessories to be included or incorporated
in the goods be new, unused, and of the most recent or current models, and that they include or
incorporate all recent improvements in design and materials ]
84
Section 8. Drawings
Notes on Drawings
[Insert here a list of Drawings, including site plans, which should be attached to this
section or annexed in a separate folder. The Drawings shall be clearly dated,
numbered and show any revision number(s), if appropriate.]
702269551.docx 85
FORMAT
LOGO
[Insert Full Contact Details of the Procuring Entity]
CONTRACT AMENDMENT
Contract No.
Amendment No.
Approval Reference No.
Contract No. [insert number/year] by and between the [insert Procuring Entity’s name] and [insert Supplier’s
legal title] for the contract named [insert name of the Goods and related services] is amended as follows:
1. GCC Clause [insert clause no], is hereby revised as _____
2. GCC Clause [insert clause no], is hereby revised as
_________________________________________________________________
and so on .
The effective date of this Amendment is [insert effective date] or upon execution whichever is later.
ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT SHALL

REMAIN IN FULL FORCE AND EFFECT
THIS AMENDMENT, consisting of [insert number] page(s) and [insert number] attachment(s), is
executed by the persons signing below who warrant that they have the authority to execute this
Amendment under the original Contract.
IN WITNESS WHEREOF, the Procuring Entity and the Supplier have signed this Amendment.
[Supplier’s Authorized Signatory] [Procuring Entity’s Authorized Signatory]
Signature Signature
Title Date Title Date
86
FORMAT
LOGO
[Insert Full Contact Details of Issuing Authority]
Office Memo no: _________ Date: _________

ACCEPTANCE CERTIFICATE
01 Procuring Entity Details

(a) Division :
(b) Circle/Directorate :
(c) Zone/Region :
(d) Others (specify) :
02 Name of Supply :
03 Contract No :
04 Supplier’s Legal Title :
05 Supplier’s Contact Details :
06 Supplier’s Trade :
License/Enlistment/Registration Details
07 Reference to NOA with Date :
08 Original Contract Price as in NOA :
09 Final Contract Price as Delivered :
10 Original Contract Period
(a) Date of Commencement :
(b) Date of Completion :
11 Actual Delivery Period
(a) Date of Actual Commencement :
(b) Date of Actual Completion :
12 Days/Months Delivery Period Extended :
13 Amount of LD for Delayed Delivery :
14 Special Note (if any) :
Certified that the Goods and related services under the Contract has been delivered and
completed in all respects in strict compliance with the provisions of the Contract including
all plans, designs, drawings, specifications and all modifications thereof as per direction
and satisfaction of the Procuring Entity/Engineer-in Charge/Other ( specify). All defects in the
Goods reported during inspection and tests have been duly rectified or replaced.
_________________________________________________
Name and Signature of the Issuing Authority with Designation
please turn over
702269551.docx 87
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 Purchaser Name < type in name >
4 Purchaser Code Not used at present
5 Purchaser 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 < type in name >
applicable)
PARTICULAR INFORMATION
12 Project / Programme Code (if < use MOF code >
applicable)
13 Project / Programme Name (if < use MOF name >
applicable)
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
Date Time
18 Tender Closing Date and Time < select > V < select > V
19 Tender Opening Date and Time < select > V < select > V
20 Name & Address of the office(s) Address
- Selling Tender Document < type in name >
(Principal)
(Others)
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 Goods or Works < type in name >
24 Brief Description of Related Services < type in name >
25 Price of Tender Document (Tk) < type in price >
88
Lot Identification of Lot Location Tender Security Completion

No Amount (Tk) Time in Weeks
/ Months
26 1 < type in name > < type in name <type in> <type in>
>
Purchaser DETAILS
30 Name of Official Inviting Tender < type in name >
31 Designation of Official Inviting < type in name >
Tender
32 Address of Official Inviting Tender < type in name >
33 Contact details of Official Inviting < Tel. No.> <Fax No.> <e-mail>
Tender
34 The Purchaser reserves the right to reject all tenders or annul the Tender proceedings
<select> : these fields are “pop-up” fields and the Purchaser 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.
702269551.docx 89
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 Purchaser Name < type in name >
4 Purchaser Code Not used at present
5 Purchaser 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 < type in name >
applicable)
PARTICULAR INFORMATION
12 Project / Programme Code (if < use MOF code >
applicable)
13 Project / Programme Name (if < use MOF name >
applicable)
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
Date Time
18 Tender Closing Date and Time < select > V < select > V
19 Tender Opening Date and Time < select > V < select > V
20 Name & Address of the office(s) Address
(Principal)
(Others)
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 Goods or Works < type in name >
24 Brief Description of Related Services < type in name >
90
25 Price of Tender Document (Tk) < type in price >

Lot Identification of Lot Location Tender Completion Time
No Security in
Amount (Tk) Weeks / Months
>
>
>
>
30 Name of Official Inviting Tender < type in name >

31 Designation of Official Inviting < type in name >
Tender
32 Address of Official Inviting Tender < type in name >
33 Contact details of Official Inviting < Tel. No. > < Fax No. > < e-mail >
Tender
34 The Purchaser reserves the right to reject all tenders or annul the Tender proceedings
<select> : these fields are “pop-up” fields and the Purchaser 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.
702269551.docx 91

2019 10 15 17 21 59 PG4, Updated October 2019

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2019 10 15 17 21 59 PG4, Updated October 2019

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PE can use this Standard Tender Document

(STD) for their Tender preparation. During

GOVERNMENT OF THE PEOPLE’S REPUBLIC OF

Standard Tender Document (STD)

(For any value)

Central Procurement Technical Unit

October, 2019 PG4

Guidance Notes on the Use of

Section 1. Instructions to Tenderers (ITT)

This Section provides relevant information to help Tenderers prepare their

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

Section 3. General Conditions of Contract (GCC)

Section 5. Tender and Contract Forms

Section 6. Schedule of Requirements

The Schedule of Requirements, together with the Price schedule, should

Section 7. Technical Specifications

This Section contains any Drawings that supplement the Technical

[enter here the nature of the goods and related services to be

Invitation for Tender No:

Section 1. Instructions to Tenderers....................................................................1

16. Supplier’s Responsibilities........................................................................................... 42

Section 1. Instructions to Tenderers

1.3 The successful Tenderer will be required to complete the delivery of

2. Interpretation 2.1 Throughout this Tender Document

3.3 Payments by the development partner, if so indicated in the TDS, will be

the reasons thereof, shall be recorded in the record of the

4.6 The Tenderer shall be aware of the provisions on corruption,

5.2 A Tenderer may be a physical or juridical individual or body of

5.3 Government-owned enterprises in Bangladesh shall be eligible only if

5.7 Tenderers are not restrained or barred from participating in public

5.8 Tenderers are not under a declaration of ineligibility by an international

5.9 Tenderers shall not be insolvent, be in receivership, be bankrupt, be in

5.11 Tenderers shall provide such evidence of their continued eligibility

5.12 These requirements for eligibility will extend, as applicable, to Sub-

9.5 Should the Purchaser deem it necessary to amend the Tender

10.4 Non-attendance at the pre-Tender meeting will not be a cause for

11.3 The Tenderer shall acknowledge receipt of an addendum.

11.6 To give a prospective Tenderer reasonable time in which to take an

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

12.2 In addition to meeting the eligibility criteria, as stated in ITT Clause 5,

(c) A minimum supply and/or production capacity of Goods as

(a) Availability of minimum liquid assets or working capital or credit

16.3 All subcontracting arrangement must be disclosed at the time of

16.6 If the Purchaser determines that a subcontractor is ineligible, the

(f) Alternatives, if permitted, as stated under with ITT Clause 22;

23.2 All lots or items as listed in Section 6: Schedule of Requirements must

23.8 The price to be quoted in Tender Submission Letter (Form PG4-1)

23.9 a) Tenderers shall quote any unconditional discount in the Tender

23.10 Prices shall be quoted as specified in each Price Schedule (Form

23.12 For Goods, manufactured outside Bangladesh, to be imported, the prices

(b) VAT payable on account of supplier, if the contract is awarded;

(d) in addition to the CIP/CIF prices specified in 23.12(a) above, the

23.13 For Goods, manufactured outside Bangladesh, already imported, the

(d) VAT payable on account of supplier, if the contract is awarded;

24.2 Suppliers offering Goods manufactured or assembled in Bangladesh,

24.3 For expenditures that will be incurred outside Bangladesh, the

following commencement of the use of the Goods by the

28.4 Tenderers consenting in writing to the request made by the Purchaser

29.3 Amount of the Tender security may be determined on the basis of