PW2a FINAL DRAFT

This is the Preliminary working Draft.
PE can use this draft for their Tender DRAFT

preparation .During preparation of
Tender, if any problem/ confusion
arise, PE’s are requested to contact
with CPTU for further clarifications.
GOVERNMENT OF THE PEOPLE’S REPUBLIC OF

BANGLADESH
Standard Tender Document (National)

For Procurement of Works
[Open Tendering Method]
(For values up to BDT 2 Crore.)
Central Procurement Technical Unit

Implementation Monitoring and Evaluation Division
Ministry of Planning
December 2012 PW2a

Guidance Notes on the Use of
The Standard Tender Document
These guidance notes have been prepared by the CPTU to assist a Procuring Entity in the
preparation, using this Standard Tender Document (STD), for the procurement of Works and physical
services having estimated cost up to BDT 2 Crore. The Procuring Entity should also refer to the
Public Procurement Act 2006 (Act No 24 of 2006) and the Public Procurement Rules, 2008, issued to
supplement the Act available on CPTU’s website: http://www.cptu.gov.bd/ including amendments
thereto. All concerned are advised to refer to the aforementioned Act and Rules while participating in
any Tendering process
The use of STD PW2a applies when the Procuring Entity intends to select a Tenderer (a Contractor)
for the Procurement of Works and physical services under Open Tendering Method (OTM) ), while the
contract award is being determined on the basis of lowest evaluated responsive Tender.
STD PW2a is intended as a model for admeasurements contracts (unit prices in a Bill of Quantities)
and the main text refers to admeasurements Contracts.
Guidance notes in brackets and italics are provided for both the Procuring Entity and the Tenderer
and as such the Procuring Entity should carefully decide what notes need to remain and what other
guidance notes might be required to assist the Tenderer in preparing its Tender Submission; so as to
minimise the inept Tendering Process.
STD PW2a has 9 Sections, of which Section 1: Instruction to Tenderer and Section 3: General
Conditions of Contract must not be altered or modified under any circumstances.
The following briefly describes the Sections of STD PW2a and how the Procuring Entity should use
these when preparing a particular Tender Document.
Section 1. Instructions to Tenderers (ITT)

The Instruction to Tenderer (ITT) specifies the instructions and procedures that
govern the tendering process. This Section also contains the criteria to be used by
the Procuring Entity to determine the lowest evaluated Tender and the qualifications
of the Tenderer to perform the Contract. The Instructions to Tenderer (ITT) are
therefore not a part of the Contract.
Section 2. Tender Data Sheet (TDS)

This Section provides the information that is specific to each object of procurement
and that supplements the information or requirements included in Section 1:
Instructions to Tenderers. The Procuring Entity shall specify in the TDS only the
information that the ITT instruct, be specified in the TDS. To facilitate the preparation
of the TDS, its Clause Numbers are numbered with the same numbers of the
corresponding ITT Clauses.
Section 3. General Conditions of Contract (GCC)

This Section provides the General Conditions of Contract that will apply to the
Contract for which the Tender Document is issued. The GCC clearly identifies the
provisions that may normally need to be specified for a particular tendering process
and need to be addressed through the PCC.
Section 4. Particular Conditions of Contract (PCC)

This Section provides clauses specific to the particular Contract that modify or
supplement Section 3: General Conditions of Contract. The Procuring Entity should
include at the time of issuing the Tender Document all possible information that the
GCC indicate,in the PCC. To facilitate the preparation of the PCC, its Clause
Numbers are numbered with the same numbers of the corresponding GCC Clauses.
PW2a-FINAL-010113 i
Section 5. Tender and Contract Forms
Tender Forms
This Section provides Form the standard format for the Tender Submission Letter,
(PW2a-1), Tenderer Information (Form PW2a-2) and Bank’s Commitment for
Line of Credit (Form PW2a-3).These forms along with required documents
mentioned in the ITT will constitute the Tender, to be submitted by the Tenderers.
Contract Forms
This Section contains the form of the Notification of Award (Form PW2a-4) and the
Contract Agreement (Form PW2a-5).
Section 6. Bill of Quantities

This Section provides the items and estimated quantities of Works to be performed
and must be carefully prepared by the Procuring Entity for each object of
procurement.
Section 7. General Specifications

This Section provides the General Specifications that describe the Works and
physical services to be procured.
Section 8. Particular Specifications

This Section provides further details as to precise requirements not included in the
General Specifications, or which modify or clarify the General Specifications for the
particular Works and physical services to be procured.
Section 9. Drawings
This Section contains any Drawings that supplement the General and Particular
Specifications for the Works and physical services to be procured.
Sample Contract Amendment, Completion Certificate and Invitation for Tender attached at
the back of this Document are for information only
PW2a-FINAL-010113 ii
[enter here the name and address of the Procuring Entity]
T E N D E R D O C U M E N T (NATIONAL)
FOR THE PROCUREMENT OF WORKS
[enter here the nature of the works and physical services to be procured]
Invitation for Tender No:

Issued on:
Tender Package No:
Tender Lot No:
PW2a-FINAL-010113 iii iii

Table of Contents
Section 1. Instructions to Tenderers............................................................................1

A. General..........................................................................................................................1
1. Scope of Tender............................................................................................................. 1
2. Interpretation.................................................................................................................. 1
3. Corrupt, Fraudulent, Collusive or Coercive Practices................................................1
4. Eligible Tenderers.......................................................................................................... 2
B. Tender Document.......................................................................................................3
5. Tender Document........................................................................................................... 3
6. Clarification of Tender Document.................................................................................3
7. Addendum to Tender Document...................................................................................3
C. Qualification Criteria..................................................................................................3
8. General Criteria.............................................................................................................. 3
9. Experience Criteria........................................................................................................ 4
10. Financial Criteria............................................................................................................ 4
11. Personnel Capacity........................................................................................................ 4
12. Equipment Capacity....................................................................................................... 5
13. Joint Venture(JV)........................................................................................................... 5
14. Subcontractor(s)............................................................................................................ 5
D. Tender Preparation.....................................................................................................5
15. Only one Tender............................................................................................................. 5
16. Cost of Tendering.......................................................................................................... 5
17. Issuance and Sale of Tender Document......................................................................5
18. Language of Tender....................................................................................................... 5
19. Contents of Tender........................................................................................................ 5
20. Tender Submission Letter and Bill of Quantities........................................................6
21. Tender Prices................................................................................................................. 6
22. Tender Currency............................................................................................................ 6
23. Documents Establishing the Eligibility and Qualification of the Tenderer..............7
24. Validity Period of Tender.............................................................................................. 7
25. Extension of Tender Validity and Tender Security..................................................8
26. Tender Security.............................................................................................................. 8
27. Form of Tender Security................................................................................................ 8
28. Authenticity of Tender Security....................................................................................8
29. Return of Tender Security............................................................................................. 8
30. Forfeiture of Tender Security........................................................................................9
31. Format and Signing of Tender......................................................................................9
E. Tender Submission....................................................................................................9
32. Sealing, & Marking of Tender.......................................................................................9
33. Deadline for Submission of Tender.............................................................................9
34. Late Tender................................................................................................................... 10
35. Modification, Substitution or Withdrawal of Tender.................................................10
36. Tender Modification..................................................................................................... 10
37. Tender Substitution..................................................................................................... 10
38. Tender Withdrawal....................................................................................................... 10
F. Tender Opening & Evaluation.....................................................................................10
39. Tender Opening............................................................................................................ 10
40. Evaluation Process...................................................................................................... 11
41. Preliminary Examination............................................................................................. 12
42. Technical Examination & Responsiveness...............................................................12
43. Clarification on Tender................................................................................................ 12
PW2a-FINAL-010113 iv
44. Correction of Arithmetical Errors...............................................................................13
45. Financial Evaluation.................................................................................................... 13
46. Price Comparison........................................................................................................ 13
47. Negotiations................................................................................................................. 14
48. Post-qualification......................................................................................................... 14
49. Procuring Entity’s Right to Accept any or to Reject Any or All Tenders................14
50. Rejection of All Tenders.............................................................................................. 14
51. Informing Reasons for Rejection................................................................................15
G. Contract Award.........................................................................................................15
52. Award Criteria.............................................................................................................. 15
53. Notification of Award................................................................................................... 15
54. Performance Security.................................................................................................. 15
55. Contract Signing.......................................................................................................... 15
56. Publication of Notification of Award of Contract......................................................16
57. Debriefing of Tenderers............................................................................................... 16
58. Right to Complain........................................................................................................ 16
Section 2. Tender Data Sheet.................................................................................17
A. General........................................................................................................................17
B. Tender Document.......................................................................................................17
C. Qualification Criteria..................................................................................................17
D. Tender Preparation.....................................................................................................19
E. Tender Submission....................................................................................................19
F. Tender Opening and Evaluation................................................................................20
G. Contract Award……………………………………..………………………………………17
Section 3. General Conditions Of Contract..........................................................21

A. General.......................................................................................................................21
1. Definitions.................................................................................................................... 21
2. Communications & Notices........................................................................................ 24
3. Governing Law............................................................................................................. 24
4. Governing Language................................................................................................... 24
5. Documents Forming the Contract and Priority of Documents.................................24
6. Scope of Works............................................................................................................ 25
7. Assignment.................................................................................................................. 25
8. Eligibility....................................................................................................................... 25
9. Gratuities / Agency Fees........................................................................................... 25
10. Possession of the Site................................................................................................. 25
11. Procuring Entity’s Responsibilities............................................................................25
12. Contractor’s Responsibilities.....................................................................................25
13. Taxes and Duties.......................................................................................................... 25
14. Contractor’s Personnel............................................................................................... 25
15. Subcontracting............................................................................................................. 25
16. Instructions.................................................................................................................. 26
17. Corrupt, Fraudulent, Collusive or Coercive Practices..............................................26
B. Time Control............................................................................................................26
18. Start Date...................................................................................................................... 26
19. Intended Completion Date........................................................................................... 26
20. Completion of Works................................................................................................... 26
21. Programme of Works................................................................................................... 26
22. Pro-rata Progress......................................................................................................... 26
23. Extension of the Intended Completion Date..............................................................26
PW2a-FINAL-010113 vv
C. Quality Control..........................................................................................................27
24. Execution of Works...................................................................................................... 27
25. Identifying Defects....................................................................................................... 27
26. Testing.......................................................................................................................... 27
27. Rejection of Works....................................................................................................... 27
28. Remedial Work............................................................................................................. 27
29. Correction of Defects................................................................................................... 28
30. Uncorrected Defects.................................................................................................... 28
D. Cost Control..............................................................................................................28
31. Contract Price.............................................................................................................. 28
32. Bill of Quantities (BOQ)............................................................................................... 28
33. Changes in the Quantities and Unit Rate..................................................................28
34. Issue of Variation or Extra Work Order......................................................................29
35. Costing of Variation Orders or Extra Work Orders...................................................29
36. Payment Certificates.................................................................................................... 30
37. Payments to the Contractor........................................................................................ 30
38. Compensation Events................................................................................................. 31
39. Retention Money.......................................................................................................... 32
40. Liquidated Damages.................................................................................................... 32
E. Completion of Contract...........................................................................................33
41. Completion................................................................................................................... 33
42. Taking Over.................................................................................................................. 33
43. Amendment to Contract.............................................................................................. 33
44. Final Account............................................................................................................... 33
45. Release from Performance.......................................................................................... 33
F. Termination..............................................................................................................33
46. Termination.................................................................................................................. 33
47. Payment upon Termination......................................................................................... 34
48. Property........................................................................................................................ 34
G. Disputes and Settlement.........................................................................................34
49. Settlement of Disputes................................................................................................ 34
Section 4. Particular Conditions of Contract.......................................................36
Section 5. Tender & Contract Forms....................................................................39
Section 6. Bill of Quantities...................................................................................46
Section 7. General Specifications (GS)................................................................48
Section 8. Particular Specifications.....................................................................49
Section 9. Drawings...............................................................................................50
PW2a-FINAL-010113 vi
Section 1. Instructions to Tenderers
A. General
1. Scope of Tender 1.1 The Procuring Entity, as indicated in the Tender Data Sheet
(TDS) issues this Tender Document for the procurement of
Works and physical services incidental thereto as specified
in the TDS and as detailed in Section 6: Bill of
Quantities. The name of the Tender and the number and
identification of its constituent lot(s) are stated in the TDS.
1.2 The successful Tenderer shall be required to execute the
Works and physical services as specified in the General
Conditions of Contract.
2. Interpretation
2.1 Throughout this Tender Document:
(a) the term “in writing” means communication written
by hand or machine duly signed and includes
properly authenticated messages by facsimile or
electronic mail;
(b) if the context so requires, singular means plural and
vice versa;
(c) “day” means calendar days unless otherwise
specified as working days;
(d) “Person” means and includes an individual, body of
individuals, sole proprietorship, partnership,
company, association or cooperative society that
wishes to participate in Procurement proceedings;
(e) “Tenderer” means a Person who submits a Tender;
(f) “Tender Document” means the Document provided
by a Procuring Entity to a Tenderer as a basis for
preparation of the Tender; and
(g) “Tender” depending on the context, means a Tender
submitted by a Tenderer for execution of Works and
physical services to a Procuring Entity in response
to an Invitation for Tender.
3. Corrupt, 3.1 The Government requires that the Procuring Entity as well
Fraudulent, Collusive as the Tenderers or shall, during the Procurement
or Coercive Practices 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 the
Rule 127.
PW2a-FINAL-010113 11
3.2 If corrupt, fraudulent, collusive or coercive practices of any
kind determined by the Procuring Entity against any
Tenderer or Contractor in competing for, or in executing, a
contract under public fund, the Procuring Entity 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. Eligible Tenderers 4.1 This Invitation for Tenders is open to all potential
Tenderers.
4.2 Tenderers shall have the legal capacity to enter into the
Contract under the Applicable Law.
4.3 Tenderers shall be enrolled in the relevant professional or
trade organisations registered in Bangladesh.
4.4 Tenderers may be a physical or juridical individual or
body of individuals, or company invited to take part in
public procurement or seeking to be so invited or
submitting a Tender in response to an Invitation for
Tenders.
4.5 Tenderers shall have fulfilled its obligations to pay taxes
under the provisions of laws and regulations of
Bangladesh.
4.6 Tenderers and all parties constituting the Tenderer shall
not have a conflict of interest.
4.7 Tenderer in its own name or its other names or also in the
case of its Persons in different names, shall not be under
a declaration of ineligibility for corrupt, fraudulent,
collusive or coercive practices as stated under ITT Clause
3.2.
4.8 Tenderers are not restrained or barred from participating
in Public Procurement on grounds of poor performance in
the past under any Contract.
4.9 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.
4.10 Government-owned enterprise in Bangladesh may also
participate in the Tender if it is legally and financially
autonomous, it operates under commercial law, and it is
not a dependent agency of the Procuring Entity.
4.11 Tenderers shall provide such evidence of their continued
eligibility satisfactory to the Procuring Entity, as the
Procuring Entity will reasonably request.
PW2a-FINAL-010113 2
B. Tender Document
5. Tender Document 5.1 The Sections comprising the Tender Document are listed
below, and should be read in conjunction with any
Addendum issued under ITT Clause 11.
 Section 1 Instructions to Tenderers (ITT)

 Section 2 Tender Data Sheet (TDS)
 Section 3 General Conditions of Contract (GCC)
 Section 4 Particular Conditions of Contract (PCC)
 Section 5 Tender and Contract Forms
 Section 6 Bill of Quantities (BOQ)
 Section 7 General Specifications
 Section 8 Particular Specifications
 Section 9 Drawings.
6. Clarification of 6.1 A prospective Tenderer requiring any clarification of the
Tender Document Tender Document shall contact the Procuring Entity in
writing at the Procuring Entity’s address and, within time
as specified in the TDS.
7. Addendum to 7.1 At any time prior to the deadline for submission of Tenders,
Tender Document the Procuring Entity on its own initiative or in response to a
clarification request in writing from a Tenderer, may revise
the Tender Document by issuing an Addendum.
7.2 The Addendum issued under ITT Sub Clause 7.1 shall
become an integral part of the Tender Document and shall
have a date and an issue number and must be circulated by
fax, mail or e-mail, to Tenderers who have purchased the
Tender Documents, within five (5) working days of issuance
of such Addendum, to enable Tenderers to take appropriate
action.
7.3 If an Addendum is issued when time remaining is less than
one-third of the time allowed for the preparation of Tenders,
the Procuring Entity at its discretion shall extend the
deadline by an appropriate number of days for the
submission of Tenders, depending upon the nature of the
Procurement requirement and the addendum. In any case,
the minimum time for such extension shall not be less than
three (3) working days.
C. Qualification Criteria
8. General Criteria 8.1 Tenderers shall possess the necessary professional and
technical qualifications and competence, financial
resources, equipment and other physical facilities,
managerial capability, specific experience, reputation,
and the personnel, to perform the contract, which entails
setting pass/fail criteria, which if not met by the
Tenderers, will result in consideration of its Tender as non-
responsive.
8.2 In addition to meeting the eligibility criteria, as stated
under ITT Clause 4, Tenderers must satisfy the other
criteria stated in ITT Clauses 9 to 12 inclusive .
8.3 To qualify for multiple number of contracts/lots in a package
made up of this and other individual contracts/lots for which
Tenders are invited in the Invitation for Tenders, the
Tenderers shall demonstrate having resources sufficient to
meet the aggregate of the qualifying criteria for the
individual contracts. The requirement of general
experience as stated under ITT Sub Clause 9.1(a), and
specific experience unless otherwise of different nature, as
stated under ITT Sub Clause 9.1(b) shall not be separately
applicable for each individual lot
9. Experience 9.1 Tenderers shall have the following minimum level of

Criteria construction experience to qualify for the performance of
the Works under the Contract:
(a) a minimum number of years of general experience
in the construction of works as specified in the
TDS; and
(b) specific experience in construction works of a
nature, complexity and methods/construction
technology similar to the proposed Works, in at
least a number of contract(s) and, each with a
minimum value over the period, as specified in the
TDS.
10. Financial Criteria 10.1 Tenderer shall have the following minimum level of financial
capacity to qualify for the performance of the Works under
the Contract.
(a)the average annual construction turnover as specified
in the TDS during the period specified in the TDS;
(b)availability of minimum liquid assets i.e. working
capital or credit line(s) from any scheduled Bank of
Bangladesh, net of other contractual commitments,
of the amount as specified in the TDS.
11. Personnel 11.1 Tenderers shall have the minimum level of personnel
Capacity capacity to qualify for the performance of the Works under
the Contract consisting of key personnel with qualifications
and experience as specified in the TDS.
12. Equipment 12.1 Tenderness’ shall own suitable equipment and other physical facilities
Capacity access through contractual arrangement to hire or lease such equipmen
the desired period, where necessary or have assured access through
other such method, of the essential equipment, in full working order, as
TDS.
13. Joint Venture(JV) 13.1 No Joint Venture (JV) shall be permissible under this Invitation for Tende
Tenders submitted in the form of JV shall be considered non-responsive
14. Subcontractor(s) 13.1 The successful Tenderer shall under no circumstances

assign the Works or any part of it to the Subcontractor(s).
PW2a-FINAL-010113 4
D. Tender Preparation
15. Only one Tender 15.1 Tenderers shall submit only one (1) Tender for each lot.
Tenderer who submits or participates in more than one (1)
Tender in one (1) lot of a package or in one (1) package
with one (1) lot will cause all the Tenders of that particular
Tenderer to be rejected.
16. Cost of Tendering 16.1 Tenderers shall bear all costs associated with the
preparation and submission of its Tender, and the Procuring
Entity shall not be responsible or liable for those costs,
regardless of the conduct or outcome of the Tendering
process.
17. Issuance and Sale 17.1 The Procuring Entity shall
of Tender Document make Tender Documents available immediately to the
potential Tenderers, requesting and willing to purchase at
the corresponding price by the date the advertisement has
been published in the newspaper.
18. Language of 18.1 Tenders shall be written in the English language.
Tender Correspondences and documents relating to the Tender
may be written in English or Bangla.
19. Contents of 19.1 The Tender prepared by the Tenderer shall comprise the
Tender following:
(a) Tender Submission Letter (Form PW2a-1) as stated
under ITT Sub Clause 20.1;
(b) Tenderer Information (Form PW2a-2) as furnished in
Section 5: Tender Forms;
(c) the priced Bill of Quantities for each lot as stated
under ITT Sub Clause 20,21 and 22;
(d) the Tender Security as stated under ITT Clauses
26,27 and 28;
(e) the written confirmation authorizing the signatory of
the Tender to commit the Tenderer, as stated under
ITT Sub Clause 31.2;
(f) the Valid Trade License;
(g) documentary evidence of Tax Identification Number
(TIN) and VAT as a proof of fulfilment of taxation
obligations as stated under ITT Sub Clause 4.5;
(h) documentary evidence as stated under ITT Clause 23
establishing the Tenderer’s eligibility and minimum
qualifications required to be met for due
performance of the Works and physical services
under the Contract;
(i) document establishing legal and financial autonomy
and compliance with commercial law, as stated under
ITT Sub Clause 4.10 in case of government owned
entity; and
(j) any other document as specified in the TDS.
20.1 Tenderers shall submit the Tender Submission Letter
20. Tender
(Form PW2a-1), which shall be completed without any
Submission Letter
alterations to its format, filling in all blank spaces with the
and Bill of Quantities
information requested, failing which the Tender may be
rejected as being incomplete.
20.2 Tenderers shall submit the priced BOQ using the form(s)
furnished in Section 6: Bill of Quantities.
20.3 If in preparing its Tender, the Tenderer has made errors in
the unit rate or the total price, and wishes to correct such
errors prior to submission of its Tender, it may do so, but
shall ensure that each correction is initialled by the
authorised person of the Tenderer.
21. Tender Prices 21.1 Tenderers shall fill in unit rates or prices for all items of the
Works both in figures and in words as described in the
BOQ. The price to be quoted in the Tender Submission
Letter shall be the total price of the Tender.
21.2 The items quantified in the BOQ for which no unit rates or
prices have been quoted by the Tenderer will not be paid
for, by the Procuring Entity when executed and shall be
deemed covered by the amounts of other rates or prices in
the BOQ and, it shall not be a reason to change the Tender
price.
21.3 All applicable taxes, custom duties, VAT and other levies
payable by the Contractor under the Contract shall be
included in the unit prices and the total Tender price
submitted by the Tenderer.
21.4 The price of a Contract shall be fixed in which case the unit
prices may not be modified in response to changes in
economic or commercial conditions.
22. Tender Currency 22.1 Tenderers shall quote all prices in the Tender Submission
Letter and in the BOQ in Bangladesh Taka (BDT) currency.
23. Documents 23.1 Tenderers shall complete and submit the documentary
Establishing the evidence, as applicable to satisfy the following:
Eligibility and
Qualification of the (a) complete the eligibility declarations in the Tender
Tenderer Submission Letter (Form PW2a-1);
(b) complete the Tenderer Information (Form PW2a-2);
(c) general experience in construction works as stated
under ITT Sub Clause 9.1(a), substantiated by the
year of registration/constitution/licensing in its country
of origin;
(d) specific experience in construction works under public
sector of similar nature and size as stated ITT Sub
Clause 9.1(b), substantiated by Completion Certificate
(s) issued by the relevant Procuring Entity(s);
(e) average annual construction turnover i.e total
certified payments received for contracts in progress
or completed under public sector for a period as stated
under ITT Sub Clause 10.1(a), substantiated by
PW2a-FINAL-010113 6
Statement(s) of Receipts, from any scheduled Bank
of Bangladesh, issued not earlier than twenty eight
(28) days prior to the day of the original deadline for
submission of Tenders;
(f) adequacy of minimum liquid assets i.e working capital

substantiated by Audit Reports mentioned in (j) below
or credit line(s), substantiated by any scheduled Bank
of Bangladesh in the format as specified (Form
PW2a-3),without alteration, issued not earlier than
twenty eight (28) days prior to the day of the original
deadline for submission of Tenders for this Contract
as stated under ITT Sub Clause 10.1(b);
(g) key personnel along with their qualification and
experience proposed for the Contract as stated under
ITT Clause 11.1;;
(h) major items of construction equipment proposed to
carry out the Contract as stated under ITT Clause
12.1, substantiated by statement(s) in its letter-head
pad declaring source of its availability;
(i) authority (s) to seek references from the Tenderer’s
Bankers or any other sources in its letter-head pad;
(j) reports on the financial standing of the Tenderer,
such as profit and loss statements and audited
balance sheet for the past years as specified in the
TDS, substantiated by Audit Reports.
24. Validity Period of 24.1 Tenders shall remain valid for the period specified in the
Tender TDS after the date of Tender submission deadline
prescribed by the Procuring Entity. A Tender valid for a
period shorter than that specified shall be considered as
non-responsive.
25. Extension of 25.1 In exceptional circumstances, prior to the expiration of the
Tender Validity and Tender Validity period, the Procuring Entity may solicit all
Tender Security the Tenderers’ consent to an extension of the period of
validity of their Tenders; provided that those Tenderers have
passed the preliminary examination as stated under ITT
Sub Clause 41.2.
25.2 The request and the responses shall be made in writing.
Validity of the Tender Security provided under ITT Clause
27.2 shall also be suitably extended for twenty eight (28)
days beyond the new date for the expiry of the Tender
Validity. If a Tenderer does not respond or refuses the
request it shall not forfeit its Tender Security, but its Tender
shall no longer be considered in the evaluation proceedings.
A Tenderer agreeing to the request will not be required or
permitted to modify its Tender.
26. Tender Security 26.1 Tenderer shall furnish as part of its Tender, in favour of the
Procuring Entity or as otherwise directed on account of the
Tenderer, a Tender Security in original form (not copy) and
in the amount, as specified in the TDS.
26.2 In case of substitution of the Tender as stated under ITT
Sub Clause 37.1 a new Tender Security shall be required in
the substituted Tender.
27. Form of Tender 27.1 The Tender Security shall be at the Tenderer’s option, be
Security either in the form of a Bank Draft or Pay Order.
27.2 The Tender Security shall remain valid for at least twenty
eight (28) days beyond the expiry date of the Tender
Validity.
28.1 The authenticity of the Tender Security submitted by a
28. Authenticity of
Tenderer may be examined and verified by the Procuring
Tender Security
Entity at its discretion in writing from the Bank issuing the
security.
28.2 If a Tender Security is found to be not authentic, the
Procuring Entity may proceed to take measures against
that Tenderer as stated under ITT Sub Clause 3.2.
28.3 A Tender not accompanied by a valid Tender Security
shall be considered as non-responsive.
29. Return of Tender 29.1 No Tender Security shall be returned to the Tenderers
Security before contract signing.
29.2 Unsuccessful Tenderer’s Tender Security will be
discharged or released as soon as possible but within 28
days after the expiry of the Tender Validity period as
stated under ITT Clause 24.
29.3 The Tender Security of the successful Tenderer shall not
be returned and in lieu, shall be subsumed under
Retention Money during Contract implementation, if
awarded the Contract.
30. Forfeiture of 30.1 The Tender security may be forfeited if a Tenderer:

Tender Security (a) withdraws its Tender after opening of Tenders but
within the validity of the Tender as stated under ITT
Clause 24 and 25; or
(b) refuses to accept a Notification of Award, as stated
under ITT Sub Clause 53.3 ; or
(c) refuses to sign the Contract, as stated under ITT Sub
Clause 55.2.
(d) does not accept the correction of the Tender price
following the correction of arithmetic errors, as stated
under ITT Clause 44.
31. Format and 31.1 Tenderers shall prepare one (1) original of the documents
Signing of Tender comprising the Tender as described in ITT Clause 19 and
clearly mark it “ORIGINAL.” In addition, the Tenderers
shall prepare the number of copies of the Tender, as
specified in the TDS and clearly mark each of them
“COPY.” In the event of any discrepancy between the
original and the copies, the ORIGINAL shall prevail.
PW2a-FINAL-010113 8
31.2 The original and each copy of the Tender shall be typed
or written in indelible ink and shall be signed by the
Person duly authorized to sign on behalf of the Tenderer.
This Tender specific authorization shall be attached to the
Tender Submission Letter (Form PW2a-1). The name
and position held by each Person(s) signing the
authorization must be typed or printed below the
signature. All pages of the original and of each copy of
the Tender, except for un-amended printed literature,
shall be numbered sequentially and signed by the person
signing the Tender.
31.3 Any interlineations, erasures, or overwriting will be valid
only if they are signed or initialled by the Person signing
the Tender.
E. Tender Submission
32. Sealing, & Marking 32.1 Tenderers shall enclose the original in one (1) envelope
of Tender and all the copies of the Tender, in another envelope,
duly marking the envelopes as “ORIGINAL (O)” and
“COPY”. These sealed envelopes will then be enclosed
and sealed in one (1) single outer envelope with all the
relevant particulars of the Tender on the envelopes.
33. Deadline for 33.1 Tenders shall be delivered by hand or by mail, including
Submission of courier services at the address(s) as specified in the TDS
Tender and not later than the date and time specified in the TDS.
33.2 The Procuring Entity may, at its discretion, extend the

deadline for submission of Tender as stated under ITT Sub
Clause 33.1, in which case all rights and obligations of the
Procuring Entity and Tenderers previously subject to the
deadline will thereafter be subject to the new deadline as
extended.
33.3 If submission of Tenders is allowed in more than one

location, the date and time, for submission of Tenders for
both the primary and the secondary place(s), shall be the
“same and not different” as specified in the TDS.
33.4 The Procuring Entity shall ensure that the Tenders received
at the secondary place(s) are hand-delivered at the primary
place as stated under ITT Sub Clause 33.1, within THREE
(3) HOURS after the deadline for submission of Tenders at
the secondary place (s), in case of MULTIPLE DROPPING
as stated under ITT Sub Clause 42.3, as specified in the
TDS.
34. Late Tender 34.1 Any Tender received by the Procuring Entity after the
deadline for submission of Tenders as stated under ITT
Sub Clause 33.1 shall be declared LATE and returned
unopened to the Tenderer.
35. Modification, 35.1 Tenderers may modify, substitute or withdraw its Tender
Substitution or after it has been submitted by sending a written notice duly
Withdrawal of Tender signed by the authorized signatory and properly sealed,
and shall include a copy of the authorization; provided that
such written notice including the affidavit is received by the
Procuring Entity prior to the deadline for submission of
Tenders as stated under ITT Clause 33
36. Tender 36.1 Tenderers shall not be allowed to retrieve its original
Modification Tender, but shall be allowed to submit corresponding
modification to its original Tender marked as
“MODIFICATION (M)”.
37. Tender 37.1 Tenderers shall not be allowed to retrieve its original
Substitution Tender, but shall be allowed to submit another Tender
marked as “SUBSTITUTION (S)”.
38. Tender Withdrawal 38.1 Tenderers shall be allowed to withdraw its Tender by a
Letter of Withdrawal marked as “WITHDRAWAL(W)”.
F. Tender Opening & Evaluation

39. Tender Opening 39.1 Tenders shall be opened immediately after the deadline for
submission of Tenders at the primary place as specified in
the TDS but not later than ONE HOUR after expiry of the
submission deadline at the same primary place, unless
otherwise stated under ITT Sub Clause 39.2.
39.2 If submission of Tenders is allowed in more than one location

as stated under ITT Sub Clause 33.3 and 33.4, Tenders shall
be opened, immediately after receipt of Tenders from all the
secondary place(s), at the primary place at the date and time
as stated under ITT Sub Clause 39.1.
39.3 Tenderers’ representatives shall be duly authorised by the

Tenderer. Tenderers or their authorised representatives will
be allowed to attend and witness the opening of Tenders,
and will sign a register evidencing their attendance.
39.4 The authenticity of withdrawal or substitution of, or

modifications to original Tender, if any made by a Tenderer
in specified manner, shall be examined and verified by the
Tender Opening Committee (TOC) based on documents
submitted as stated under ITT Sub Clause 35.1.
39.5 Ensuring that only the correct (M), (S), and (O) envelopes
are opened, details of each Tender will be dealt with as
follows:
(a) the Chairperson of the TOC will read aloud each

Tender and record in the Tender Opening Sheet
(TOS):
(i) the name and address of the Tenderer;

(ii) state if it is a withdrawn, modified, substituted or
original Tender;
(iii) the Tender price;
(iv) the presence or absence of any requisite Tender
Security; and
(v) such other details as the Procuring Entity, at its
discretion, may consider appropriate.
(b) all pages of the original version of the Tender, except
for un-amended printed literature, will be initialled by
members of the TOC.
39.6 Upon completion of Tender opening, all members of the

TOC and the Tenderers or Tenderer’s duly authorised
representatives attending the Tender opening shall sign by
name, address, designation, the TOS, copies of which shall
be issued to the Head of the Procuring Entity or an officer
authorised by him or her and also to the members of the
TOC and any authorised Consultants and, to the Tenderers
immediately.
39.7 No Tender will be rejected at the Tender opening stage

except the LATE Tenders as stated in the ITT Clause 34.
40. Evaluation 40.1 Tender Evaluation Committee (TEC) may consider a

Process Tender as responsive in the Evaluation, only if it is
submitted in compliance with the mandatory requirements
set out in the Tender Document. The evaluation process
should begin immediately after Tender opening following
four steps:
(a) Preliminary Examination;
(b) Technical Examinations and Responsiveness;
(c) Financial evaluation and price comparison;
(d) Post-qualification of the Tender.
41. Preliminary 41.1 TEC shall examine the Tenders to confirm that all
Examination documentation requested in ITT Clause 19 has been
provided, to determine the completeness of each document
submitted.
41.2 TEC shall confirm that the following documents and
information have been provided in the Tender. If any of
these documents or information is missing, the Tender shall
be rejected.
(a) Tender Submission Letter;
(b) Priced Bill of Quantities;
(c) Written confirmation of authorization to commit the
Tenderer; and
(d) Valid Tender Security.
42. Technical 42.1 If a Tender is not responsive to the mandatory

Examination & requirements set out in the Tender Document, shall not
Responsiveness subsequently be made responsive by the Tenderer by
correction of the material deviation, reservation, or
omission.
PW2a-FINAL-010113 1111
42.2 There shall be no requirement as to the minimum number
of responsive Tenders.
42.3 There shall be no automatic exclusion of Tenders which
are above or below the official estimate.
42.4 TEC shall examine the adequacy and authenticity of the
documentary evidence as stated under ITT Clause 23.
42.5 TEC shall further examine the terms and conditions
specified in Section 7: General Specifications and Section
8: Particular Specifications.
42.6 If after the examination, TEC determines that the Tender
has complied the terms and conditions and the technical
aspects, set out in ITT Sub Clause 42.4 & 42.5, it shall be
considered responsive.
43. Clarification on 43.1 TEC may ask Tenderers for clarifications of their
Tender Tenders, including breakdowns of unit rates, in order to
assist the examination and evaluation of the Tenders.
43.2 Any request for clarifications by the TEC shall not be

directed towards making an apparently non-responsive
Tender responsive and reciprocally the response from
the concerned Tenderer shall not be articulated towards
any addition, alteration or modification to its Tender.
43.3 If a Tenderer does not provide clarifications of its Tender by

the date and time, its Tender shall not be considered in the
evaluation.
44. Correction of 44.1 Provided that the Tender is responsive, the TEC shall
Arithmetical Errors correct arithmetical errors on the following basis:
(a) if there is a discrepancy between the unit price and
the line item total price that is obtained by
multiplying the unit price and quantity, the unit price
will prevail and the line item total price shall be
corrected, unless in the opinion of the TEC there is
an obvious misplacement of the decimal point in
the unit price, in which case the total price as
quoted will govern and the unit price will be
corrected; and
(b) if there is an error in a total corresponding to the
addition or subtraction of subtotals, the subtotals
shall prevail and the total shall be corrected; and
(c) if there is a discrepancy between words and figures,
the amount in words shall prevail, unless the
amount expressed in words is related to an
arithmetic error, in which case the amount in
figures shall prevail subject to (a) and (b) above.
44.2 TEC shall correct the arithmetic errors and shall promptly
notify the concerned Tenderer(s) If the Tenderer that does
not accept the correction of arithmetic errors, its Tender
shall be considered non-responsive.
45. Financial 45.1 TEC shall evaluate each Tender that has been determined,
Evaluation up to this stage of the evaluation, to be responsive to the
requirements set out in the Tender Document.
45.2 To evaluate a Tender, the TEC shall consider the Tender
price after adjustments for correction of arithmetical errors,
as stated under ITT Sub Clause 44.1.
45.3 Variations, deviations and other factors which are in excess
of the requirements of the Tender Document or otherwise
result in unsolicited benefits for the Procuring Entity will not
be taken into account in the Tender evaluation.
45.4 To determine the lowest-evaluated lot(s), the TEC will take
into account:
(a) the lowest-evaluated Tender for each lot;
(b) the resources sufficient to meet the qualifying
criteria for the individual lot or aggregate of the
qualifying criteria for the multiple lots.
46. Price Comparison 46.1 TEC will compare all responsive Tenders to determine the
lowest-evaluated Tender, in accordance with ITT Clause
45.
46.2 In the extremely unlikely event that there is a tie for the
lowest evaluated price, the Tenderer with the superior past
performance of works with the Procuring Entity and, if
necessary with the other Procuring Entities, shall be
selected, whereby factors such as quality of Works
executed, complaints history and performance indicators
could be taken into consideration.
46.3 The successful Tenderer as stated under ITT Sub Clauses
46.1 shall not be selected through lottery under any
circumstances.
47. Negotiations 47.1 No negotiations shall be held during the Tender evaluation
or award with the lowest or any other Tenderer.
48. Post-qualification 48.1 The determination on Post-Qualification shall be based
upon an examination of the documentary evidence of the
Tenderer’s eligibility and qualifications submitted by the
Tenderer, pursuant to ITT Clause 23, clarifications in
accordance with ITT Clause 43 and the qualification criteria
indicated in ITT Clause 8, 9,10,11 and 12. Factors not
included therein shall not be used in the evaluation of the
Tenderer’s qualification.
48.2 In the event that the Tenderer with lowest evaluated
Tender price fails the Post-qualification, the TEC shall
make a similar determination for the Tenderer with the next
lowest evaluated Tender price and so on from the
remaining responsive Tenders, if the evaluated cost of the
Tender is acceptable to the TEC.
49. Procuring Entity’s 49.1 The Procuring Entity reserves the right to accept any
Right to Accept any Tender or to reject any or all theTenders any time prior to
PW2a-FINAL-010113 1313
or to Reject Any or contract award and, to annul the Procurement proceedings
All Tenders with prior approval of the Head of the Procuring Entity, any
time prior to the deadline for submission of Tenders
following specified procedures, without thereby incurring
any liability to Tenderers, or any obligations to inform the
Tenderers of the grounds for the Procuring Entity’s action.
50. Rejection of All 50.1 The Procuring Entity may, in the circumstances as stated
Tenders under ITT Sub Clause 50.2 reject all Tenders following
recommendations from the TEC only after the approval of
such recommendations by the Head of the Procuring
Entity.
50.2 All Tenders can be rejected, if -
(a) the price of the lowest evaluated Tender significantly

exceeds the official estimated cost, 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) all Tenders are non-responsive; or
(d) evidence of professional misconduct, affecting
seriously the Procurement process, is established
pursuant to Rule 127 of the Public Procurement
Rules, 2008.
51. Informing 51.1 Notice of the rejection will be given promptly within seven (7)
Reasons for working days of decision taken by the Procuring Entity to all
Rejection Tenderers and, the Procuring Entity will, upon receipt of a
written request, communicate to any Tenderer the reason(s)
for its rejection but is not required to justify those reason(s).
G. Contract Award
52. Award Criteria 52.1 The Procuring Entity shall award the Contract to the
Tenderer whose Tender is responsive to all the
requirements of the Tender Document and that has
been determined to be the lowest evaluated Tender,
provided further that the Tenderer is determined to be
Post-qualified in accordance with ITT Clouse 48.
53. Notification of 53.1 Prior to the expiry of the Tender Validity period and within
Award one (1) week of receipt of the approval of the award by the
Approving Authority, the Procuring Entity shall issue the
Notification of Award (NOA) to the successful Tenderer.
53.2 The NOA, attaching the contract as per the sample (Form
PW2a-3) to be signed, shall state :
(a) the acceptance of the Tender by the Procuring
Entity;
(b) the price at which the contract is awarded;
(c) the date and time within which the Contract shall be
signed.
53.3 The NOA shall be accepted by the successful Tenderer

within seven (7) working days from the date of its issuance.
53.4 Until a formal contract is signed, the NOA will constitute a
Contract, which shall become binding upon the signing of
the Contract by both parties.
54. Performance 54.1 No Performance Security shall be required for the
Security purpose of Contract signing and, in lieu, the Tender
Security as stated under ITT Sub Clause 29.3, shall be
subsumed under Retention Money as specified in the
TDS..
55. Contract Signing 55.1 Within twenty-eight (28) days of the issuance of the NOA,
the successful Tenderer and the Procuring Entity shall
sign the contract.
55.2 Failure of the successful Tenderer to sign the Contract,
as stated under ITT Sub Clause 55.1, shall constitute
sufficient grounds for the annulment of the award and
forfeiture of the Tender Security. In that event the
Procuring Entity may award the Contract to the next
lowest evaluated responsive Tenderer, who is determined
by the TEC to be qualified to perform the Contract
satisfactorily.
56. Publication of 56.1 The NOA for contracts of BDT one crore and above shall be
Notification of Award notified by the Procuring Entity to the Central Procurement
of Contract Technical Unit (CPTU) within seven (7) days of its issuance
for publication in their website and that notice shall be kept
posted for not less than a month.
56.2 The NOA for contracts below BDT one crore shall be
published by the Procuring Entity on its Notice Board and
where applicable, on website of the Procuring Entity and,
that notice shall be kept posted for not less than a month.
57. Debriefing of 57.1 Debriefing of Tenderers by the Procuring Entity shall
Tenderers outline the relative status and weakness only of his or her
Tender requesting to be informed of the grounds for not
accepting the Tender submitted by him or her, without
disclosing information about any other Tenderer.
58. Right to Complain 58.1 Tenderer has the right to complain in accordance with the
PW2a-FINAL-010113 1515
Public Procurement Act 2006 and the Public Procurement
Rules, 2008.
Section 2. Tender Data Sheet
Instructions for completing Tender Data Sheet are provided in italics in parenthesis for the relevant ITT clauses
ITT Amendments of, and Supplements to, Clauses in the Instructions to Tenderers
Clause
A. General
ITT 1.1 The Procuring Entity is [insert name of Procuring Entity]
The Name of the Tender is:

Tender Ref:
Lot No(s):
[if there is more than one(1) lot, individual lots are to be identified in conformity with Section 6: Bill of
Quantities]
B. Tender Document
ITT 6.1 For clarification of Tender Document purposes only, the Procuring Entity’s address
is:
Attention:
Address:
Telephone:
Fax No.:
e-mail address:
and contact Procuring Entity within [insert date]
C. Qualification Criteria
ITT 9.1(a) The minimum number of years of general experience of the Tenderer in the
construction works shall be [insert number] years.
[a minimum of three (3) years would be deemed reasonable; years counting backward from the date
of publication of IFT in the newspaper]
ITT 9.1(b) The minimum specific experience in construction works of at least [insert number]
contract(s) of [state the nature, complexity and methods/construction technology ]
successfully completed within the last [insert number] years, each with a value of at
least Tk. [insert amount].
[the minimum number of contracts will depend on the Procuring Entity’s own judgement based upon
its experience in the sector and construction industry. For example, it could be one (1) contract of
similar nature during the last three (3) years or five (5) years or ten (10) years (whichever
appropriate); years counting backward from the date of publication of IFT in the newspaper]
[the minimum value of the similar works is recommended to be between 50 and 75 percent of the
estimated cost of the proposed work]
[for Tenders where the package contains more than one (1) lot, this qualification requirements, shall be
mentioned separately for each lot in the package]
PW2a-FINAL-010113 1717
ITT The required average annual construction turnover shall be greater than Tk [insert
10.1(a) amount] over the last [insert number] years.
[ the required average annual construction turn over is recommended to be equal to the
estimated annual cash flow for the Contract; however the multiplier may vary from 0.30 to
1.00. The period may be best three (3) years in the last five (5) years or best five (5) years
in the last ten (10) years (as appropriate) ; years counting backward from the date of
publication of IFT in the newspaper]
Example:
Estimated Contract Value: Tk 24 lac
Contract period: 12 months
Estimated Annual Cash Flow: Tk 24 lac
Required average annual construction turn over: Tk 12 lac, using a multiplier of 0.5.
[for Tenders where the package contains more than one (1) lot, this qualification requirements shall be
ITT The minimum amount of liquid assets i.e. working capital or credit line(s) of the
10.1(b) Tenderer shall be Tk [insert amount]
[usually the required liquid asset is the equivalent of 2-6 months payment flow at the average
construction rate (straight line distribution), accessible or available after taking into account the
financial requirements of existing commitments. The actual period will depend on the speed with
which the Procuring Entity will pay the Contractor’s monthly certificate, allowing time to prepare an
invoice, for the Project Manager’s time to certify it, and at least one month contingency for preparing
the cheque and making actual payment.
Example:
Contract Value: Tk 24 lac
Contract period: 12 months
Assuming work time: 1 month
Invoice period: 0.5 month
Certification Time: 0.5 month
Contingency Time: 1 month
Therefore, the minimum required liquid asset will be Tk. 6 lac, i.e. 3 months cash flow based on the above
assumptions.]
[for Tenders where the package contains more than one (1) lot, this qualification requirements shall be
ITT 11.1 The following key personnel shall have the qualifications and experience mentioned
against each:
Total Works Experience in similar
No Position Experience (Years) works (Years)
[ for Tenders where the package contains more than one (1) lot, this qualification requirement may be
necessary for each lot in the package, subject to the nature of the control required over each package]
ITT 12.1 Tenderers shall own or have proven access to hire or lease of the major construction
equipments, in full working order as follows :
Equipment Type and Minimum Number Required

No
Characteristics
[for Tenders where the package contains more than one (1) lot, this qualification requirement may be
necessary for each lot in the package, subject to the nature of the control required over each package]
D. Tender Preparation
ITT 19.1(j) Tenderer shall submit with its Tender, the following additional documents:
ITT 23.1(j) The required reports on the financial standing, such as profit and loss statements
and audited balance sheet shall be for the past [insert number] years.
[years should be consistent with the years of general experience required]
ITT 24.1 The Tender Validity period shall be [insert number] days.
[normally 60 to 90 days deemed reasonable]
ITT 26.1 The amount of the Tender Security shall be [ insert amount ] in favour of [insert
the name of the beneficiary.
[not exceeding three(3) percent of the official estimated cost but as a fixed amount, in case of a
package with no lot, or number of lots on “lot-by-by basis” Tender]
[for more than one lot in a package, the Tender Security for each lot may be determined on different
percentage basis and , should be mentioned separately]
E. Tender Submission
PW2a-FINAL-010113 1919
ITT 33.1 For Tender submission purposes ,the Procuring Entity’s address is:
Attention:[state full name with designation of person]
Address: [state detail address including floor and room number]
The deadline for submission of Tenders is :
Time & Date:
ITT 33.3 For Tender submission purposes only, the Procuring Entity’s address is:
[in case of multiple dropping state below the addresses of the PRIMARY PLACE and SECONDARY PLACES
with Time and Date]
Attention: :[ state full name with designation of the person]
Address (PRIMARY PLACE ):
[state detail address including floor and room number]
The deadline for the submission of Tenders is:
Time & Date:
Attention: :[ state full name with designation of the person]
Address (SECONDARY PLACES ):

[state detail address including floor and room number]
The deadline for the submission of Tenders is:
Time & Date:
[ the deadline for submission of Tenders at the Secondary Place(s) shall be, the same as and not different from
that, specified for Primary Place]
ITT 33.4 The deadline for hand-delivering of the Tenders at the PRIMARY PLACE is:
Time & Date:
[must be within three(3) hours after the deadline for submission of Tenders at the SECONDARY PLACES]
F. Tender Opening and Evaluation
ITT 39.1 The Tender opening shall take place at (state below always the Primary Place):
Address: [insert detail address including floor and room number]
Time & Date
G. Contract Award
ITT 54.1 The Retention Money, in lieu of the Performance Security, shall be deducted @
ten (10) percent from the successful Tenderer’s payable invoices during Contract
implementation, if awarded the Contract.
Section 3. General Conditions Of Contract
A. General
1. Definitions 1.1 In the Conditions of Contract, which include Particular
Conditions and these General Conditions, the following
words and expressions shall have the meaning hereby
assigned to them. Boldface type is used to identify the
defined terms:
(a) Act means The Public Procurement Act, 2006

(Act 24 of 2006).
(b) Approving Authority means the authority which,

in accordance with the Delegation of Financial
Powers, approves the award of contract.
(c) Bill of Quantities (BOQ) means the priced and

completed Bill of Quantities forming part of the
Contract defined in GCC Clause 22.
(d) Compensation Events are those defined in GCC

Clause 67.
(e) Completion Date is the actual date of completion

of the Works and physical services certified by the
Project Manager, in accordance with GCC Clause
31 & 32.
(f) Contract Agreement means the Agreement

entered into between the Procuring Entity and the
Contractor, together with the Contract Documents
referred to therein, including all attachments,
appendices, and all documents incorporated by
PW2a-FINAL-010113 2121
reference therein to execute, complete, and
maintain the Works.
(g) Contract Documents means the documents

listed in GCC Clause 6, including any
amendments thereto.
(h) Contractor means the Person under contract with

the Procuring Entity for the execution of Works
under the Rules and the Act as stated in the PCC.
(i) Contract Price means the price payable to the

Contractor as specified in the Contract
Agreement, subject to such additions and
adjustments thereto or deductions therefrom, for
the execution, completion and maintenance of the
Works in accordance with the provisions of the
Contract.
(j) Contractor’s Tender is the completed Tender

Document including the priced BOQ and the
Schedules submitted by the Contractor to the
Procuring Entity.
(k) Cost means all expenditures reasonably incurred

or to be incurred by the Contractor, whether on or
off the Site, including overhead, profit, taxes,
duties, fees and such other similar levies.
(l) Day means calendar day unless otherwise

specified as working days.
(m) Defect is any part of the work not completed in

accordance with the Contract.
(n) Defects Correction Certificate is the certificate

issued by the Project Manager upon correction of
defects by the Contractor.
(o) Drawings include calculations and other

information provided in Section 9 or as approved
by the Project Manager for the execution and
completion of the Contract.
(p) Equipment is the Contractor’s apparatus,

machinery, vehicles and other things required for
the execution and completion of the Works and
remedying any defects excluding Temporary
Works and the Procuring Entity’s Equipment (if
any ), Plant, Materials and any other things to
form or forming part of the Permanent Works.
(q) GCC means the General Conditions of Contract.
(r) Government means the Government of the
People’s Republic of Bangladesh.
(s) "Head of the Procuring Entity" means the

Secretary of a Ministry or a Division, the Head of a
Government Department or Directorate; or the
Chief Executive, or as applicable, Divisional
Commissioner, Deputy Commissioner, Zilla
Judge; or by whatever designation called, of a
local Government agency, an autonomous or
semi-autonomous body or a corporation, or a
corporate body established under the Companies
Act.
(t) Materials means things of all kinds other than

Plant intended to form or forming part of the
Permanent Works, including the supply-only
materials, if any, to be supplied by the Contractor
under the Contract.
(u) Month means calendar month.
(v) Original Contract Price is the Contract Price

stated in the Procuring Entity’s Notification of
Award and further clearly determined in the
Contract.
(w) Permanent works means the permanent works to

be executed by the Contractor under the Contract.
(x) PCC means the Particular Conditions of Contract.
(y) Plant means the apparatus, machinery and other

equipment intended to form or forming part of the
Permanent Works, including vehicles purchased
for the Procuring Entity and relating to the
construction of the Works and physical services.
(z) Procuring Entity means a Procuring Entity

having administrative and financial powers to
undertake procurement of Works and physical
services using public funds and is as named in
the PCC who employs the Contractor to carry out
the Works.
(aa) Project Manager is the person named in the PCC

or any other competent person appointed by the
Procuring Entity and notified to the Contractor
who is responsible for supervising the execution
and completion of the Works and physical
services and administering the Contract.
(bb) Schedules means the document(s) entitled

schedules, completed by the Contractor and
submitted with the Tender Submission Letter, as
included in the Contract. Such document may
PW2a-FINAL-010113 2323
include the data, lists and schedules of rates
and/or prices.
(cc) Site means the places where the Permanent

Works are to be executed including storage and
working areas and to which Plant and Materials
are to be delivered, and any other places as may
be specified in the PCC as forming part of the
Site.
(dd) Specification means the Specification of the

Works included in the Contract and any
modifications or additions to the specifications
made or approved by the Project Manager in
accordance with the Contract.
(ee) Start Date is the last date by which the Contractor

shall commence execution of the Works under the
Contract.
(ff) Temporary Works means all temporary works of

every kind other than Contractor’s Equipment
required on the Site for the execution and
completion of the Permanent Works and
remedying of any defects.
(gg) Variation means any change to the Works directly

procured from the original Contractor to cover
increases or decreases in quantities, including the
introduction of new work items that are either due
to change of plans, design or alignment to suit
actual field conditions, within the general scope
and physical boundaries of the contract.
(hh) Works means all works associated with the

construction, reconstruction, site preparation,
demolition, repair, maintenance or renovation of
railways, roads, highways, or a building, an
infrastructure or structure or an installation or any
construction work relating to excavation,
installation of equipment and materials,
decoration, as well as physical services ancillary
to works as detailed in the PCC, if the value of
those services does not exceed that of the Works
themselves.
(ii) Writing means communication written by hand or

machine duly signed and includes properly
authenticated messages by facsimile or electronic
mail.
2. Communications & 2.1 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. A notice shall be effective
when delivered or on the notice’s effective date, whichever
is later.
3. Governing Law 3.1 The Contract shall be governed by and interpreted in

accordance with the laws of the People’s Republic of
Bangladesh.
4. Governing Language 4.1 The Contract shall be written in English. All

correspondences and documents relating to the Contract
may be written in English or Bangla.
5. Documents Forming 5.1 The following documents forming the Contract shall be
the Contract and interpreted in the following order of priority:
Priority of Documents
(a) signed Contract Agreement (Form PW2a-5);
(b) Notification of Award (PW2a-4);
(c) the completed Tender ;
(d) the Particular Conditions of Contract;
(e) the General Conditions of Contract;
(f) the Technical Specifications;
(g) the General Specifications;
(h) the Drawings;
(i) the priced Bill of Quantities and the Schedules ; and
(j) any other document listed in the PCC forming part of
the Contract.
6. Scope of Works 6.1 The Works to be executed, completed and maintained shall
be as specified in the BOQ, the General and Particular
Specifications and Drawings.
7. Assignment 7.1 Neither the Contractor nor the Procuring Entity shall assign,
in whole or in part, its obligations under the Contract.
8. Eligibility 8.1 The Contractor or its Sub Contractor shall be a

Bangladsehi national.
9. Gratuities / Agency 9.1 No fees, gratuities, rebates, gifts, commissions or other

Fees payments, other than those shown in the Tender or in the
Contract, have been given or received in connection with
the procurement process or in the Contract execution.
10. Possession of the 10.1 The Procuring Entity shall give possession of the Site to the
Site Contractor on the date specified in the PCC. If possession
of the Site is not given by the date specified, the Procuring
Entity will be deemed to have delayed the start of the
relevant activities, and this will be a Compensation Event
as stated under GCC Sub Clause 38.1(a).
11. Procuring Entity’s 11.1 The Procuring Entity shall pay the Contractor, in
Responsibilities consideration of the satisfactory progress of execution and
completion of the Works and physical services, and the
PW2a-FINAL-010113 2525
remedying of defects therein, the Contract price or such
other sum as may become payable under the provisions of
the Contract at the times and in the manner prescribed by
the Contract Agreement.
12. Contractor’s 12.1 The Contractor shall execute and complete the Works and
Responsibilities remedy any defects therein in conformity in all respects
with the provisions of the Contract Agreement.
13. Taxes and Duties 13.1 The Contractor shall be entirely responsible for all
applicable taxes, custom duties, VATand other levies
imposed or incurred inside and outside Bangladesh.
14. Contractor’s 14.1 The Contractor shall employ the key personnel
Personnel named in the Schedule of Key Personnel, as referred to in
the PCC, to carry out the functions stated in the Schedule
or other personnel approved by the Project Manager.
14.2 If the Project Manager asks the Contractor to

remove a particular person who is a member of the
Contractor’s staff or work force from the Site, he or she
shall state the reasons, and the Contractor shall ensure
that the person leaves the Site within three (3) days and
has no further connection with the work in the Contract.
15. Subcontracting 15.1 Subcontracting the whole of the Works by the

Contractor shall not be permissible. The Contractor shall be
responsible for the acts or defaults of any Subcontractor,
his or her agents or employees, as if they were the acts or
defaults of the Contractor.
16. Instructions 16.1 The Contractor shall carry out all instructions of
the Project Manager that comply with the applicable law.
17. Corrupt, Fraudulent, 17.1 The Government requires that Procuring Entity,
Collusive or Coercive as well as the Contractor shall observe the highest
Practices standard of ethics during implementation of procurement
proceedings and the execution of Contracts under public
funds
17.2 If corrupt, fraudulent, collusive or coercive

practices of any kind determined by the Procuring Entity
against the Contractor alleged to have carried out such
practices, the Procuring Entity shall -
(a) exclude the concerned Tenderer from further
participation in the particular Procurement
proceeding; or
(b) 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.
B. Time Control
18. Start Date 18.1 Start Date is the date defined in the PCC and it is the last
date by which the Contractor shall start execution of the
Works under the Contract.
19. Intended Completion Date 19.1 Intended Completion Date is the date calculated from the
Start Date as specified in the PCC, on which it is intended
that the Contractor shall complete the Works and physical
services as specified in the Contract and may be revised
only by the Project Manager by issuing an extension of
time.
20. Completion of Works 20.1 The Contractor shall carry out the Works in accordance
with the Programme of Works submitted by the Contractor
and as updated with the approval of the Project Manager
as stated under GCC Clause 21 to complete them in all
respects by the Intended Completion Date.
21. Programme of Works 21.1 Within the time stated in the PCC, the Contractor shall
submit to the Project Manager, for approval a Programme
showing the general methods, arrangements, order, and
timing for all the activities in the Works.
21.2 The Contractor shall submit to the Project Manager for

approval of an updated programme as required by the
Project Manager.
22. Pro-rata Progress 22.1 The Contractor shall maintain Pro-rata progress of the
Works. Progress to be achieved shall be pursuant to GCC
Clause 21 and shall be determined in terms of the value of
the works done.
23. Extension of the Intended 23.1 The Contractor shall be entitled to an extension of the
Completion Date Intended Completion Date, if and to the extent that
completion of the Works or any part thereof is or will be
delayed by Compensation Events or a Variation Order.
23.2 If the Contractor considers itself to be entitled to an
extension of the execution period as stated under GCC
Sub Clause 23.1, the Contractor shall give notice, not later
than twenty eight (28) days after the Contractor became
aware or should have become aware of the event or
circumstance, to the Project Manager.
23.3 The Project Manager may extend the Intended Completion
Date by twenty (20) percent of the original Contract time as
stated under GCC Sub Clause 19.1.
23.4 In the case an extension of the Intended Completion Date

required more than twenty (20) percent of the original
Contract time, approval of the Head of the Procuring Entity
or an officer authorised by him/her for the same shall be
PW2a-FINAL-010113 2727
required to be obtained.
C. Quality Control
24. Execution of Works 24.1 The Contractor shall construct, install and carry out the
Works and physical services in accordance with the
Specifications and Drawings as scheduled in GCC Clause 5.
25. Identifying Defects 25.1 The Project Manager shall check the works executed by
the Contractor and notify the Contractor of any Defects
found. Such checking shall not relieve the Contractor from
his or her obligations. The Project Manager may also
instruct the Contractor to search for a Defect and to
uncover and test any work that the Project Manager
considers may have a Defect.
26. Testing 26.1 The Contractor shall carry out routine Tests of materials
and works based on the progress of works to ensure the
quality of completed works in accordance with standard
methods determined by the Project Manager.
26.2 If the Project Manager instructs the Contractor to carry out

a test not specified in the Specification to check whether
any work has a Defect and the test shows that it does, the
Contractor shall pay for the test and any samples. If there is
no Defect, the test shall be a Compensation Event
pursuant to GCC Sub Clause 38.1(d).
27. Rejection of Works 27.1 If, as a result of an examination, inspection, measurement
or testing, of Works it is found to be defective or otherwise
not in accordance with the Contract, the Project Manager
may reject the Works by giving notice to the Contractor,
with reasons. The Contractor shall then promptly make
good the defect and ensure that the rejected Works
subsequently complies with the Contract.
28. Remedial Work 28.1 Notwithstanding any test, the Project Manager by visual
inspection or field tests may instruct the Contractor to:
(a) remove from the Site and replace any Plant or
Materials which is not in accordance with the
Contract,
(b) remove and re-execute any other work which is not
in accordance with the Contract, and
(c) execute any work which is urgently required for the
safety of the Works, whether because of an
accident, unforeseeable event or otherwise.
28.2 If the Contractor fails to comply with the instruction issued
under GCC Sub Clause 28.1, the Procuring Entity shall be
entitled to employ and pay other persons to carry out the
work. Except to the extent that the Contractor would have
been entitled to payment for the work, the Contractor shall
be liable to pay all such costs arising from this failure.
29. Correction of Defects 29.1 The Project Manager shall give notice to the Contractor,
with a copy to the Procuring Entity and others concerned,
of any Defects before the end of the Defects Liability
Period, which begins at Completion Date, and is defined in
the PCC. The Defects Liability Period shall be extended for
as long as Defects remain to be corrected.
29.2 Every time notice of a Defect is given, the Contractor shall
correct the notified Defect within the length of time specified
by the Project Manager’s notice.
30. Uncorrected Defects 30.1 If the Contractor has not corrected a Defect within the time
specified in the Project Manager’s notice, the Project
Manager shall assess the cost of having the Defect
corrected by it, and the Contractor shall remain liable to pay
the expenditures incurred on account of correction of such
Defect.
D. Cost Control
31. Contract Price 31.1 The Contract Price shall be as specified in the Contract
Agreement subject to any additions and adjustments
thereto, or deductions there from, as may be made
pursuant to Contract.
32. Bill of Quantities (BOQ) 32.1 The Bill of Quantities shall contain priced items for the
construction, installation, testing, and commissioning work
to be done by the Contractor.
32.2 The Bill of Quantities is used to calculate the Contract

Price. The Contractor is paid for the quantity of the work
done in the Bill of Quantities for each item.
32.3 Items of works quantified in the BOQ for which no rates

have been quoted shall be deemed covered by the
amounts at rates of other items in the Contract and, shall
under no circumstances be paid for, by the Procuring
Entity.
33. Changes in the Quantities 33.1 If the final quantity of the work done for any particular item
and Unit Rate increases from the quantity in the BOQ by more than
twenty-five (25) percent,, and, such increase in quantity of
that particular item alone concurrently causes the original
Contract Price to exceed by more than one (1) percent , the
Project Manager shall adjust the unit rate of the item to
allow for the change.
PW2a-FINAL-010113 2929
34. Issue of Variation or Extra 34.1 The Project Manager may issue a Variation
Work Order Order to the Contractor to cover increase or decrease
in quantities, including the introduction of new work
items (non-Tendered items) that are either due to
change of plans, design or alignment to suit actual field
conditions, within the general scope and physical
boundaries of the contract.
34.2 The Project Manager may issue an Extra
Work Order to cover the introduction of such new
works necessary for the completion, improvement or
protection of the original works which were not
included in the original contract, on the grounds where
there are subsurface or latent physical conditions at
the site differing materially from those indicated in the
contract, or where there are duly unknown physical
conditions at the site of an unusual nature differing
materially from those usually encountered and
generally recognized as inherent in the work or
character provided for in the Contract.
34.3 The Project Manager deems it necessary
that a Variation or Extra Work Order should be issued,
he or she shall prepare the proposed order, the
necessary plans , his or her computations as to the
quantities of the additional Works involved per item
indicating the specific locations where such Works are
needed, the date of his or her inspections and
investigations thereon, and the log book thereof, and a
detailed estimate of the unit cost of such items of work
as stated under GCC Clause 35, together with his or
her justifications for the need of such Variation or
Extra Work Order, and shall submit the same to the
Approving Authority.
34.4 The Head of the Procuring Entity may, in
exceptions to the GCC Sub Clause 34.3 and subject to
the availability of funds, in the event of extreme
emergency and when time is of the essence, authorize
the immediate start of work under any Variation or
Extra Work Order; provided that the cumulative
increase in the value of Works not yet duly approved
exceeded ten (10) percent of the adjusted original
Contract Price.
34.5 Increase or decrease in the quantities of
any item of work included in the BOQ for the reasons
other than those stated under GCC Sub Clause 34.1
and 34.2, in particular for field level actual
measurements under this contract (admeasurements),
not necessarily however, shall constitute a Variation.
34.6 All Variations and Extra Work Orders under
the Contract shall be included in the updated
Programme of Works produced by the Contractor.
35. Costing of Variation 35.1 The Contractor shall provide the Project
Orders or Extra Work Manager with a quotation for carrying out the Variation
Orders when requested to do so by the Project Manager. The
Project Manager shall assess the quotation, which shall
be given within seven (7) working days of the request or
within any longer period stated by the Project Manager
and before the Variation is ordered.
35.2 If the item of work in the Variation

corresponds to an item of work in the BOQ and if, in the
opinion of the Project Manager, the increased quantity
and cost of the works of that particular item does not
concurrently cause to exceed the limit stated in GCC Sub
Clause 33.1, the same unit rate in the BOQ shall be used
to calculate the cost of the Variation. If the item of work in
the Variation does not correspond to an item in the BOQ,
the unit rates for the new items of works shall be
determined based on (i) the direct unit costs used in the
original Contract for other items (e.g. unit cost of cement,
steel bar, labour rate, equipment rental, etc) as indicated
in the Contractor’s price breakdown of the cost estimate,
if available or (ii) fixed prices acceptable to both, the
Procuring Entity and the Contractor, based on market
prices. The direct cost of the new work items based on (i)
or (ii) stated herein shall then be combined with the mark-
up factor (i.e. profit, overhead and VAT) used by the
Contractor in its Tender to determine the unit rate of the
new items of work.
35.3 If the Contractor’s quotation is found to be

unreasonable, the Project Manager may order the
Variation and make a change to the Contract Price,
which shall be based on the Project Manager’s own
forecast of the effects of the Variation on the Contractor’s
costs..
36. Payment Certificates 36.1 The basis for payment certificates shall be
BOQ used to determine the Contract price.
36.2 The Contractor shall submit to the Project

Manager monthly statements of the estimated value of
the works executed less the cumulative amount certified
previously.
36.3 The Project Manager shall check the

Contractor’s monthly statement and certify the amount to
be paid to the Contractor.
36.4 The value of work executed shall be

determined by the Project Manager and, may also
include the valuation of Variations or Extra Work Orders
and Compensation Events.
PW2a-FINAL-010113 3131
36.5 The Project Manager may exclude any item
certified in a previous certificate or reduce the proportion
of any item previously certified in any certificate in the
light of later information.
37. Payments to the 37.1 The Procuring Entity shall pay the Contractor, the amounts
Contractor certified by the Project Manager within twenty eight (28)
days of the date of each certificate after due adjustments.
37.2 Payments for Works under Variation Orders or

Extra Work Orders satisfactorily accomplished, pursuant to
GCC Clause 34, may be made only after approval of the
same by the Approving Authority or next higher, as
appropriate.
37.3 Payments due to the Contractor in each

certificate shall be made into the Bank Account, in any
scheduled Bank of Bangladesh, of the legal title of the
Contract specified in the PCC, nominated by the Contractor
in the currency specified in the Contract.
38. Compensation Events 38.1 The following shall be Compensation Events:

(a) The Procuring Entity does not give access to or
possession of the Site or part of the Site by the
Site Possession Date as stated under GCC Sub
Clause 10.1;
(b) Ground conditions are substantially more adverse
than could reasonably have been assumed
before issuance of the Notification of Award;
(c) Other Contractors, public authorities, utilities, or
the Procuring Entity do not work within the dates
and other constraints stated in the Contract, and
they cause delay or extra cost to the Contractor;
(d) The Project Manager instructs the Contractor to
uncover or to carry out additional tests upon
work, which is then found to have no Defects as
stated under GCC sub Clause 26.2 ;
(e) Other Compensation Events described in the
Contract or determined by the Project Manager in
the PCC shall apply;
38.2 If a Compensation Event would cause
additional cost or would prevent the work being completed
before the Intended Completion Date, the Contract Price
shall be increased and/or the Intended Completion Date
shall be extended.
39. Retention Money 39.1 The Procuring Entity shall retain Retention Money from the
progressive payments due to the Contractor at the
percentage specified in the PCC until completion of the
whole of the Works under the Contract in the manner as
stated under GCC Sub Clause 39.2.
39.2 The Tender Security submitted along with the
Tender shall first be subsumed under Retention Money
and, then the balance that falls short of the amount derived
at the percentage as specified in the GCC Sub Clause 39.1
shall be deducted from the Contractor’s progressive
invoices.
39.3 On completion of the whole of the Works, the
first half of the total amount retained under GCC Sub
Clause 39.1 and 39.2, shall be returned to the Contractor
and the remaining second half after the Defects Liability
Period has passed and the Project Manager has certified in
the form of Defects Corrections Certificate.
39.4 Procuring Entity may claim against the
Retention Money if any of the following events occurs for
fourteen (14) days or more.
(a) The Contractor is in breach of the Contract and the
Procuring Entity has duly notified him or her ; and
(b) The Contractor has not paid an amount due to the
Procuring Entity and the Procuring Entity has duly
notified him or her.
39.5 In the event, as stated under GCC Sub Clause 29.4, the
Contractor is liable to pay compensation under the Contract
amounting to the full value of the Retention Money or more,
the Procuring Entity may call the full amount of the
Retention Money.
39.6 The Procuring Entity shall not make any claim under the
security, except for amounts to which the Procuring Entity
is entitled under this Contract.
40. Liquidated Damages 40.1 If the Contractor fails to complete the Works and physical
services within the Intended Completion Date or extended
Intended Completion Date, the Procuring Entity shall, as
Liquidated Damages, deduct from the Contract Price, a
sum at the percent-rate per day of delay as specified in the
PCC, of the contract value of the uncompleted works or
part thereof completed after the Intended Completion Date
or extended Intended Completion Date, as applicable. The
total amount of Liquidated Damages shall not exceed the
amount specified in the PCC. The Procuring Entity may
deduct Liquidated Damages from payments due to the
Contractor. Payment of Liquidated damages shall not affect
the Contractor’s liabilities.
40.2 If the Intended Completion Date is extended after Liquidated

Damages have been paid, the Project Manager shall
correct any overpayment of liquidated damages by the
Contractor by adjusting the next payment certificate.
E. Completion of Contract
41. Completion 41.1 The Contractor shall apply by notice to the Project Manager
for issuing a Completion Certificate of the Works, and the
PW2a-FINAL-010113 3333
Project Manager shall do so upon deciding that the work is
completed.
42. Taking Over 42.1 Procuring Entity shall Take-Over the Site and the Works
within seven (7) days of the Project Manager issuing a
Completion Certificate under GCC Sub Clause 41.1
43. Amendment to Contract 43.1 The amendment to Contract shall generally include
extension of time to the Intended Completion Date, increase
or decrease in original Contract price and any other changes
acceptable under the conditions of the Contract.
43.2 The Procuring Entity shall amend the Contract incorporating

the changes approved, in accordance with the Delegation of
Financial Power or Sub-delegation thereof and ,introduced
to the original terms and conditions of the Contract.
44. Final Account 44.1 The Contractor shall submit with a detailed account of the
total amount that the Contractor considers payable under
the Contract to the Project Manager before the end of the
Defects Liability Period.
44.2 The Project Manager shall certify the Final Payment within
thirty (30) days of receiving the Contractor’s account if the
payable amount claimed by the Contractor is correct and
the corresponding works are completed.
44.3 If it is not, the Project Manager shall issue within thirty (30)
days a Defects Liability Schedule that states the scope of
the corrections or additions that are necessary.
45. Release from Performance 45.1 If any event or circumstance outside the control of the
Parties arises which makes it impossible or unlawful for
either or both parties to fulfil its or their contractual
obligations, then upon notice by either party to the other
party of such event or circumstance, the parties shall be
discharged from further performance, without prejudice to
the rights of either party in respect of any previous breach
of the Contract.
F. Termination
46. Termination 46.1 Termination for Default
(a) The Procuring Entity, without prejudice to any other
remedy for breach of Contract, by giving twenty
eight (28) days written notice of default to the
Contractor, may terminate the Contract in whole or
in part if the Contractor causes a fundamental
breach of Contract.
(b) Fundamental breaches of the Contract shall
include, but shall not be limited to, the following:
(i) the Contractor stops work for twenty-eight
(28)days when no stoppage of work is shown
on the current Programme and the stoppage
has not been authorized by the Project
Manager;
(ii) the Project Manager gives Notice that failure to
correct a particular Defect is a fundamental
breach of Contract and the Contractor fails to
correct it within a reasonable period of time
determined by the Project Manager;
(iii)the Contractor has delayed the completion of
the Works by the number of days for which the
maximum amount of Liquidated Damages can
be paid, as specified in GCC Sub Clause 40.1;
(iv) the Contractor has subcontracted the whole of
the Works or has assigned the Contract
without the required agreement and without
the approval of the Project Manager;
(v) the Contractor, in the judgment of the Procuring
Entity has engaged in corrupt or fraudulent
practices as defined in GCC Clause 17, in
competing for or in executing the Contract.
46.2 The expiration of the Intended Completion Date under

GCC Sub Clause 19.1 and, the initiation of settlement of
disputes like amicable and arbitration under GCC Clause
49 shall not be deemed a termination of the Contract
under GCC Clause 46.
47. Payment upon 47.1 If the Contract is terminated because of a fundamental

Termination breach of Contract under GCC Sub Clause 46.1 by the
Contractor, the Project Manager shall issue a certificate
for the value of the Works done less payments made up
to the date of the issuance of the certificate and, further
less the amount from percentage to apply to the contract
value of the works not completed, as indicated in the
PCC. If the total amount due to the Procuring Entity
exceeds any payment due to the Contractor, the
difference shall be a debt payable to the Procuring Entity.
48. Property 48.1 All Materials on the Site, Plant, Equipment, Temporary
Works, and Works shall be deemed to be the property of
the Procuring Entity if the Contract is terminated because
of the Contractor’s default.
G. Disputes and Settlement
49. Settlement of Disputes 49.1 Amicable settlement
PW2a-FINAL-010113 3535
The Procuring Entity and the Contractor shall use their
best efforts to settle amicably all possible disputes
arising out of or in connection with this Contract or its
interpretation.
49.2 Arbitration
(a) If the parties are unable to reach a settlement as per
GCC Clause 49.1 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.
(b) The arbitration shall be conducted in accordance
with the Arbitration Act (Act No 1 of 2001) of
Bangladesh as at present in force and in the
place shown in the PCC.
Section 4. Particular Conditions of Contract
Instructions for completing the Particular Conditions of Contract are provided in italics in
parenthesis for the relevant GCC Clauses.
Amendments of, and Supplements to, Clauses in the General Conditions of

GCC Clause
Contract
GCC 1.1(h) The Contractor is

[Name and address]
GCC 1.1(z) The Procuring Entity is

[Name and address]
GCC 1.1(aa) The Project Manager is

[Name and address]
GCC 1.1(cc) The Site is located at [location] and is defined in drawings No:
[insert numbers]
GCC 1.1(hh) The Works consist of

[insert brief summary]
GCC 5.1 (j) Other documents forming part of the Contract are
[list other documents viz. Schedule of Equipment, Site Investigation Reports, relevant
correspondences prior to signing of the Contract agreement etc.]
GCC 10.1 Possession of the Site to the Contractor shall be given on the following date
[insert date of possession of site]
GCC 14.1 The following Key Personnel to carry out the functions stated in the Schedule shall
be employed by the Contractor:
Position
No Name of Key Personnel
GCC 18.1 The Start Date shall be [insert date ]

[it is the last by which the Contractor shall commence execution of the Works under the
Contract]
PW2a-FINAL-010113 3737
GCC 19.1 The Intended Completion Date for the whole of the Works shall be [insert date]
[to be calculated from the Start Date]
GCC 21.1 The Contractor shall submit a Programme for the Works within [insert days] days of
signing the Contract.
[usually ten (10) days or may be less]
GCC 29.1 The Defects Liability Period is [state months]

[usually Defect Liability Period is twelve (12) months to cover at least one complete monsoon
season]
GCC 37.3 The particulars of the Bank Account nominated are as follows :
Title of the Account : [insert title to whom the Contract awarded]
Name of the Bank : [insert name with code, if any]
Name of the Branch : [insert branch name with code ,if any]
Account Number : [insert number]
Address : [insert location with district]
Tel :
Fax :
e-mail address :
[information furnished by the Contractor shall be substantiated by the concerned Bank and
authenticated by the Procuring Entity]
GCC 38.1(e) The following additional events shall also be the Compensation Events:
[list events or state ‘none’ ]
GCC 39.1 The Retention Money @ ten (10) percent shall be deducted from the progressive
payments.
GCC 40.1 The amount of Liquidated Damages is [insert between 0.05 and 0.10] of ONE (1)
percent of the contract value of the uncompleted works or any part thereof
completed after expiry of the Intended Completion Date or extended Intended
Completion Date, as applicable, per day of delay.
[Guide to application of GCC Sub Clause 40.1 above

[ Liquidated damages is equivalent to an amount to be determined in accordance with
the following formulae
T = V x Px n
Where;
T = Total amount of Liquidated Damages
V= Contract Value of Uncompleted Works , completed after the expiry of the Intended
Completion Date or extended Intended Completion Date, as applicable
P = Percent-rate at which the Liquidated Damages shall be imposed per day of delay
n = No of days delayed for completion of uncompleted works or part thereof after the
expiry of the Intended Completion Date or extended Intended Completion Date, as
applicable.]
The maximum amount of Liquidated Damages for the uncompleted Works or any
part thereof is [insert ≤ ten (10)] percent of the final Contract Price of the whole of the
Works.
GCC 47.1 The percentage to apply to the contract value of the works not completed,
representing the Procuring Entity’s additional cost for completing the uncompleted
Works, is [insert between 10 and 20] percent.
[ usually depending on the nature of the Works]
GCC 49.2(b) The arbitration shall be conducted in the place mentioned below;
[state name of place with location and district ]
PW2a-FINAL-010113 3939
Section 5. Tender & Contract Forms
Form Title
Tender Forms
PW2a-1 Tender Submission Letter
PW2a-2 Tenderer’s Information
PW2a-3 Bank’s Commitment for Line of Credit (when this option is choosen)
Contract Forms
PW2a-4 Notification of Award
PW2a-5 Contract Agreement
Forms PW2a-1 and PW2a-3 comprises part of the Tender Format and should be
completed as stated in ITT Clauses.19.
Forms PW2a-4 to PW2a-5 comprises part of the Contract as stated in GCC Clause
5.
Tender Submission Letter (Form PW2a-1)
[This letter should be completed and signed by the Authorised Signatory
preferably on the Letter-Head Pad of the Tenderer]
To: Date :
[Name and address of Procuring Entity]
Invitation for Tender No: Tender Package No: Lot No:
In accordance with ITT Clauses 13, the following prices apply to our Tender:
The Tender Price is: Taka [state amount in figures]
(ITT Clause 21) and Taka[state amount in words]
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 24.1) 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 [pay order/ bank draft] in the
amount stated in the Tender Data Sheet (ITT Sub Clause 26.1) and valid for a
period of twenty eight (28) days beyond the Tender Validity date;
(c) we have examined and have no reservations to the Tender Document, issued
by you on [insert date]; including Addendum to Tender Document No(s) [state
numbers] , issued in accordance with the Instructions to Tenderers (ITT Clause
7). [insert the number and issuing date of each addendum; or delete this
sentence if no Addendum has been issued];
(d) we are not a Government owned entity as defined in ITT Sub Clause 4.10;
or
we are a Government owned entity, and we meet the requirements of ITT Sub
Clause 4.10;
(e) We, declare that we are eligible to participate in this Tender and meet the
eligibility criteria specified in the Tender Document (ITT Clause 4);
(f) furthermore, we are aware of ITT Clause 3.2 concerning such practices and
pledge not to indulge in such practices in competing for or in executing the
Contract;
(g) we are not participating as Tenderers in more than one Tender in this Tendering
process. We understand that your written Notification of Award shall constitute
the acceptance of our Tender and shall become a binding Contract between us,
until a formal Contract is prepared and executed;
Signature: [insert signature of authorised representative of
the Tenderer]
Name: [insert full name of signatory with National ID
Number]
In the capacity of: [insert capacity of signatory]
Duly authorised to sign the Tender for and on behalf of the Tenderer
[ ITT Sub Clause 31.2

Attachment 1: Written confirmation authorising the above signatory (ies) to commit the
Tenderer
PW2a-KARIM-SR-Reviewed-01212Final- 010113 41
Tenderer Information (Form PW2a-2)
[This Form should be completed only by the Tenderer, preferably on its Letter-Head Pad]
Invitation for Tender No: Tender Package No: Lot No:
1. Eligibility Information of the Tenderer [ITT –Clauses 4 & 23]

1.1 Tenderer’s legal title
1.2 Tenderer’s registered address
1.3 Tenderer’s year of registration

1.4 Tenderer’s Value Added Tax
(VAT) Registration Number
1.5 Tenderer’s Tax Identification
Number(TIN)
1.6 Tenderer to attach photocopies
of original documents mentioned All relevant documents stated under ITT Clause 4 & 23
aside
2. Qualification Information of the Tenderer
2.1 General Experience in Construction Works of Tenderer [insert years of experience]; [ITT Sub
Clause 9.1(a)]
2.2 Specific Experience in Construction Works of Tenderer [ITT Sub Clause 9.1(b)]
Completed Contracts of similar nature, complexity and methods/construction technology
Contract No [ insert reference no] of [ insert year]
Name of Contract [insert name]
Award date [insert date]

Completion date [insert date]
Total Contract Value [insert amount]
Procuring Entity’s Name [insert details]
&
Address
2.3 Average Annual Construction Turnover [ITT Sub Clause 10.1(a)]

[ total certified payments received for contracts in progress or completed under public sector
for a period as stated under ITT Sub Clause 10.1(a)]
Year Amount Taka
2.4 Liquid Assets available to meet the construction cash flow [ITT Sub Clause 10.1(b)]
No Source of Financing Amount Available
In order to confirm the above statements the Tenderer shall submit, as applicable, the documents
mentioned in ITT Sub Clause 23.1(f).
2.5 Contact Details [ITT Sub Clause 23.1 (j)
Name, address, and other contact details of Tenderer’s Bankers and other Procuring Entity(s)
that may provide references, if contacted by this Procuring Entity
2.6 Qualifications and Experience of Key Personnel Proposed for Contract administration and
management [ITT Sub Clause 23.1(g)]
Name Position Years of Experience
2.7 Construction Equipments Proposed to Carry out the Contract [ITT Sub Clause 23.1(h)]
Owned, leased or to be
Item of Equipment Condition purchased
(new, good, average, poor) (state owner, lessor or
seller)
[Tenderer to list details of each item of construction equipment, as applicable]
PW2a-KARIM-SR-Reviewed-01212Final- 010113 43
Letter of Commitment for Bank’s Undertaking for Line of Credit

(Form PW2a-3)
[This is the format for the Credit Line to be issued by any scheduled Bank of Bangladesh in accordance with ITT
Clause 23.1 (f)]
Invitation for Tender 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 execution of the Works of
[description of works] under the above Invitation for Tenders (hereinafter called “the IFT”).
Furthermore, we understand that, according to your conditions, the 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 execution of the Works viz. [ insert name of the
works], for an amount not less than BDT [in figure] ( in words) for the sole purpose of the execution of
the above Contract. This Revolving Line of Credit will be maintained by us until issuance of
“Taking-Over Certificate” by the Procuring Entity.
In witness whereof, authorised representative of the Bank has hereunto signed and sealed this
Letter of Commitment.
Signature Signature
KARIM-CPTU-PW2a-FINAL-010113 44
Notification of Award (Form PW2a-4)
Contract No: Date:

To:
[Name of Contractor]
This is to notify you that your Tender dated [insert date] for the execution of the Works for
[name of project/Contract] for the Contract Price of 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 Procuring Entity].
You are thus requested to take following actions:
i. accept in writing the Notification of Award within seven (7) working days of its
issuance in accordance with ITT Sub Clause 53.3.
ii. sign the Contract within twenty-eight (28) days of issuance of this Notification
of Award but not later than (specify date), in accordance with ITT Sub Clause
55.1.
You may proceed with the execution of the Works only upon completion of the above tasks.
You may also please note that this Notification of Award shall constitute the formation of this
Contract which shall become binding upon you.
We attach the draft Contract and all other documents for your perusal and signature.
Signed
Duly authorised to sign for and on behalf of

[name of Procuring Entity]
Date:
Contract Agreement (Form PW2a-5)
THIS AGREEMENT made the (day) day of between [name and address of Procuring Entity]
(hereinafter called “the Procuring Entity”) of the one part and [name and address of
Contractor] (hereinafter called “the Contractor”) of the other part:
WHEREAS the Procuring Entity invited Tenders for certain works, viz, [brief description of
works] and has accepted a Tender by the Contractor for the execution of those works in the
sum of Taka [Contract price in figures and in words] (hereinafter called “the Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

hereinafter mentioned, the Contractor hereby covenants with the Procuring Entity to
execute and complete the works and to remedy any defects therein in conformity in all
respects with the provisions of the Contract.
4. The Procuring Entity hereby covenants to pay the Contractor in consideration of the
execution and completion of the works and the remedying of defects therein, the Contract
Price or such other sum as may become payable under the provisions of the Contract at
the times and in the manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of Bangladesh on the day, month and year first written above.
For the Procuring Entity The Contractor
Signature
Name
National ID No.
Title
In the presence of
Name
Address
Section 6. Bill of Quantities
Guidance Notes on the Bill of Quantities

Objectives
The objectives of the Bill of Quantities (BOQ) are;
(a) to provide sufficient information on the quantities of Works to be performed to enable

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

All unit rates and prices quoted by the Tenderers against each basic item or activity shall include
the Tenderer’s profit, overheads, VAT and all other charges including corresponding incidental
service charges for banking and, thus forth the total Tender Price quoted by the Tenderers.
The method of measurements of completed works for payment shall be based on metric system
unless otherwise unavoidable.
A sample format has been suggested.
THIS GUIDANCE NOTES FOR PREPARING A BILL OF QUANTITIES ARE INTENDED ONLY
AS INFORMATION FOR THE PROCURING ENTITY OR THE PERSON DRAFTING THE
TENDER DOCUMENT. THIS SHOULD NOT BE INCLUDED IN THE FINAL DOCUMENT
Bill of Quantities
Name of Works:___________________________________________________________
IFT No.____________ Package No.______________Lot No._________
Unit Rate Amount
Item Code Description
Item no. Unit Quantity In
(if any) of Item In words In figures In words
figures
1 2 3 4 5 6 7=6 8=5x6 9=8
to be filled in by the Procuring Entity to be quoted and filled in by the Tenderer
100 General Items
101 04-548-08 Excavate m3 35 Tk.55.15 Taka Fifty Tk.1,930.25 Taka One
[example] [example] topsoil to [example] [example] Five and [example] Thousand
maximum...... [example] Paisa Nine
[example] ample Fifteen Hundred
Only Thirty and
[example] Paisa
Twenty Five
Only
[example]
102
& so on
Sub-total of 100 for General Items
200 Preliminary Items

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

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

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

501
& so on
Sub-total of 500 for Misc. Items
GRAND TOTAL
This Bill of Quantities contains [insert number] corrections duly initialled and signed by the authorised person of the Tenderer
______________________________________________________________________________________________________________
Note
1. It is suggested that the Tenderer uses these sheets of the BOQ in order to avoid any manipulation, distortion and
inadvertent mistakes or omissions in course of preparing the Tender by the Tenderer
2. All unit rates and prices quoted by the Tenderers against each basic item or activity shall include the Tenderer’s profit,
overheads, VAT and all other charges including corresponding incidental service charges for banking and thus forth the
total Tender Price quoted by the Tenderers.
3. Follow the Guidance notes under Section 6 in filling this Schedule
Section 7. General Specifications (GS)
THESE NOTES FOR PREPARING SPECIFICATIONS ARE INTENDED ONLY AS

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

INFORMATION FOR THE PROCURING ENTITY OR THE PERSON DRAFTING THE TENDER
DOCUMENT AND SHOULD NOT BE INCLUDED IN THE FINAL TENDER DOCUMENT.
PROCURING ENTITY WILL ADD PARTICULAR SPECIFICATIONS IN THIS SECTION
Notes on Particular Specifications

If an item of the Works is not covered in the General Specifications or if any specification clause
requires that further details as to precise requirements for the particular Works are to be given or
needs to be modified or clarified then these should be reflected in the Particular Specifications.
Where the Particular Specification clause replaces or clarifies an existing clause of the General
Specification then the same clause numbering system need to be followed.
Section 9. Drawings
Notes on Drawings
Insert here a list of Drawings. The actual Drawings, including site plans, should be attached
to this section or annexed in a separate folder. The Drawings shall be dated, numbered and
show the revision number.
FORMAT
LOGO
[Insert Full Contact Details of the Procuring Entity]
Commencement of Works
Office Memo No: Date:
To:
[Name of Contractor]
[Address)
Contract Reference:
Pursuant to GCC Sub Clause 19 of the above mentioned Contract Agreement, this is to notify
you that the following precedent conditions have been duly fulfilled:
(i) the Contract Agreement has been signed;

(ii) the possession of the Site has been given; and
You are therefore requested to:
1. Commence execution of the Works, in accordance with GCC Clause 18, within
(specify date);
2. Submit Programme of Works, in accordance with GCC Sub Clause 21, within
(specify date)
Signed
Duly authorised to sign for and on behalf of

[name of Procuring Entity]
Date:
FORMAT
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
Contractor’s legal title] for the contract named [insert name of the Works and physical 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 Contractor have signed this Amendment.
[Contractor’s Authorized Signatory] [Procuring Entity’s Authorized Signatory]
Signature Signature
Title Date Title Date
FORMAT
LOGO
[Insert Full Contact Details of Issuing Authority]
Office Memo no: _________ Date: _________
COMPLETION CERTIFICATE
01 Procuring Entity Details

(a) Division :
(b) Circle/Directorate :
(c) Zone/Region :
(d) Others (specify) :
02 Name of Works :
03 Contract No :
04 Contractor’s Legal Title :
05 Contractor’s Contact Details :
06 Contractor’s Trade :
License/Enlistment/Registration Details
07 Reference to NOA with Date :
08 Original Contract Price as in NOA :
09 Final Contract Price as Executed :
10 Original Contract Period
(a) Date of Commencement :
(b) Date of Completion :
11 Actual Implementation Period
(a) Date of Actual Commencement :
(b) Date of Actual Completion :
12 Days/Months Contract Period Extended :
13 Amount of LD for Delayed Completion :
14 Physical Progress in Percent :
(in terms of value)
15 Financial Progress in Amount :
(in terms of payment)
16 Special Note (if any) :
Details of Works Executed
No Major Components of Works Total Value (in Lac Taka)
Certified that the Works under the Contract has been executed 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 Project Manager/Engineer-in Charge/Other
(specify). All defects in workmanship and materials reported during construction have been duly corrected.
__________________________________________________
Name and Signature of the Issuing Authority with Designation
FORMAT
Invitation for Tenders (IFT)
The Invitation for Tenders (IFT) is a copy of the standard format as appears on the website and used
for published advertisement that provides relevant and essential information to help Tenderers to decide
whether or not to participate in the particular Tender. This is provided in the Tender Document for
information only. This should not be included in the FINAL DOCUMENT.
Invitation for Tenders

[This is the website format and as used for published advertisement.
It is included in this document for information only]
GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH
1 Ministry/Division < select > V
2 Agency < select > V
3 Procuring Entity Name < type in name >
4 Procuring Entity Code Not used at present
5 Procuring Entity District < select > V
6 Invitation for < select > V < select > V < select > V
7 Invitation Ref No < type in name >
8 Date < select > V
KEY INFORMATION
9 Procurement Method < select > V < select > V
FUNDING INFORMATION
10 Budget and Source of Funds < select > V
11 Development Partners (if applicable) < type in name >
PARTICULAR INFORMATION
12 Project / Programme Code (if applicable) < use MOF code >
13 Project/ Programme Name (if applicable) < use MOF name >
14 Tender Package No. < type in name >
15 Tender Package Name < type in name >
Date
16 Tender Publication Date < select > V
17 Tender Last Selling Date < select > V
[up to the day prior to the day of Deadline for
Submission]
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 (Principal) < type in name >
- Selling Tender Document (Others) < type in name >
NO CONDITIONS APPLY FOR SALE , PURCHASE OR DISTRIBUTION OF TENDER DOCUMENTS
- Receiving Tender Document < type in name >
- Opening Tender Document < type in name >
INFORMATION FOR TENDERER
21 Brief Eligibility and Qualification of < type in name >
Tenderer
22 Brief Description of Works < type in name >
23 Brief Description of Physical Services < type in name >
24 Price of Tender Document (Tk) < type in price >
Lot No Identification of Lot Location Tender Security Completion Time in
Amount (Tk) Weeks / Months
25 1 < type in name > < type in name > <type in> <type in>
PROCURING ENTITY DETAILS
26 Name of Official Inviting Tender < type in name >
27 Designation of Official Inviting Tender < type in name >
28 Address of Official Inviting Tender < type in name >
29 Contact details of Official Inviting Tender < Tel. No.> <Fax No.> <e-mail>
30 The Procuring Entity reserves the right to reject all the Tenders or annul the Tender proceedings
<select> : these fields are “pop-up” fields and the procuring entity 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.

PW2a FINAL DRAFT

Uploaded by

Copyright:

Available Formats

PW2a FINAL DRAFT

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

PW2a FINAL DRAFT

Uploaded by

Copyright:

Available Formats

This is the Preliminary working Draft.

PE can use this draft for their Tender DRAFT

GOVERNMENT OF THE PEOPLE’S REPUBLIC OF

Standard Tender Document (National)

[Open Tendering Method]

(For values up to BDT 2 Crore.)

Central Procurement Technical Unit

December 2012 PW2a

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 6. Bill of Quantities

Section 7. General Specifications

Section 8. Particular Specifications

Invitation for Tender No:

PW2a-FINAL-010113 iii iii

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

Section 3. General Conditions Of Contract..........................................................21

 Section 1 Instructions to Tenderers (ITT)

9. Experience 9.1 Tenderers shall have the following minimum level of

14. Subcontractor(s) 13.1 The successful Tenderer shall under no circumstances

(f) adequacy of minimum liquid assets i.e working capital

30. Forfeiture of 30.1 The Tender security may be forfeited if a Tenderer:

33.2 The Procuring Entity may, at its discretion, extend the

33.3 If submission of Tenders is allowed in more than one

F. Tender Opening & Evaluation

39.2 If submission of Tenders is allowed in more than one location

39.3 Tenderers’ representatives shall be duly authorised by the

39.4 The authenticity of withdrawal or substitution of, or

(a) the Chairperson of the TOC will read aloud each

(i) the name and address of the Tenderer;

39.6 Upon completion of Tender opening, all members of the

39.7 No Tender will be rejected at the Tender opening stage

40. Evaluation 40.1 Tender Evaluation Committee (TEC) may consider a

42. Technical 42.1 If a Tender is not responsive to the mandatory

43.2 Any request for clarifications by the TEC shall not be

43.3 If a Tenderer does not provide clarifications of its Tender by

50.2 All Tenders can be rejected, if -

(a) the price of the lowest evaluated Tender significantly

53.3 The NOA shall be accepted by the successful Tenderer

The Name of the Tender is:

Equipment Type and Minimum Number Required

[years should be consistent with the years of general experience required]

Attention: :[ state full name with designation of the person]

Address (SECONDARY PLACES ):

F. Tender Opening and Evaluation

(a) Act means The Public Procurement Act, 2006

(b) Approving Authority means the authority which,

(c) Bill of Quantities (BOQ) means the priced and

(d) Compensation Events are those defined in GCC

(e) Completion Date is the actual date of completion

(f) Contract Agreement means the Agreement

(g) Contract Documents means the documents

(h) Contractor means the Person under contract with

(i) Contract Price means the price payable to the

(j) Contractor’s Tender is the completed Tender

(k) Cost means all expenditures reasonably incurred

(l) Day means calendar day unless otherwise