Updated on

September 2022

GOVERNMENT OF THE PEOPLE’S REPUBLIC

OF BANGLADESH

Standard Tender Document (National)

For Procurement of Works
[Open Tendering Method]

(For any value above BDT 3 Crore)

(Without Pre-Qualification)

Bangladesh Public Procurement Authority

Implementation Monitoring and Evaluation
Division
Ministry of Planning

September 2022 PW3

 Guidance Notes on the Use of
The Standard Tender Document
These guidance notes have been prepared by the BPPA 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 above 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 BPPA’s website: www.bppa.gov.bd including amendments thereto. All concerned are
advised to refer to the aforementioned Act and Rules while participating in any Tendering process. CPTU
has been replaced by BPPA as per Act 32, 2023.
The use of STD (PW3) 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 and when a pre-
qualification process has not taken place.
STD (PW3) is intended as a model for admeasurements contracts (unit prices or unit rates in a Bill of
Quantities) and the main text refers to admeasurements Contracts.
STD (PW3) is based upon internationally acceptable model formats, which have been adapted to suit the
particular needs of procurement within Bangladesh.
The Procuring Entity addresses its specific needs through the information provided in the Tender Data
Sheet (TDS) and the Particular Conditions of Contract (PCC) as well as in the detailed requirements
of the procurement in the Bill of Quantities, General and Particular Specifications and/or the Drawings.
Guidance notes in brackets and italics are provided for both the Procuring Entity and 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 (PW3) when properly completed will provide all the information that a Tenderer needs in order to
prepare and submit a Tender. This should provide a sound basis on which the Procuring Entity can fairly,
transparently and efficiently carry out a Tender evaluation process on the Tenders submitted by the
Tenderers.
STD (PW3) 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 (PW3) and how a Procuring Entity should use these
when preparing a particular Tender Document.
Section 1. Instructions to Tenderers (ITT)
This Section provides relevant information to help Tenderers prepare their Tenders.
Information is also provided on the submission, opening, and evaluation of Tenders and
on the award of Contract. The Instruction to Tenderer (ITT) specifies the instructions and
procedures that govern the Tendering process. This Section also contains the criteria to
be used by the Procuring Entity to determine the lowest evaluated Tender and the
qualifications of the Tenderer to perform the Contract. The Instructions to Tenderers
(ITT) are therefore not a part of the Contract. The text of the Clauses in this Section
shall not be modified.
Section 2. Tender Data Sheet (TDS)
This Section provides the information that is specific to each object of procurement and
that supplements the information or requirements included in Section 1: Instructions to
Tenderers. The Procuring Entity shall specify in the TDS only the information that the
ITT instructs to be specified in the TDS. To facilitate the preparation of the TDS, its
Clause Numbers are numbered with the same numbers of the corresponding ITT
Clauses.
Section 3. General Conditions of Contract (GCC)
This Section provides the General Conditions of Contract that will apply to the Contract
for which the Tender Document is issued. The GCC clearly identifies the provisions that
may normally need to be specified for a particular Tendering process and need to be

PW3 i
 addressed through the PCC. The text of the clauses in this Section shall not be
modified.
Section 4. Particular Conditions of Contract (PCC)
This Section provides clauses specific to the particular Contract that modify or
supplement Section 3: General Conditions of Contract. The Procuring Entity should
include at the time of issuing the Tender Documents 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.
Section 5. Tender and Contract Forms
This Section provides the standard format for the Tender Submission Letter, (Form PW3-1),
Tenderer Information (Form PW3-2), JV Partner Information (Form PW3-
3),Subcontractor Information (Form PW3-4), Personnel Information (Form PW3-
5),Tender Security (Form PW3-6) and Bank’s Letter of Commitment for Line of Credit (PW3-
7) to be submitted by the Tenderer.
This Section also contains the form of the Notification of Award (Form PW3-8) and
the Contract Agreement (Form PW3-9) which, when completed, incorporates any
corrections or modifications to the accepted Tender relating to amendments
permitted by the Instructions to Tenderers, the General Conditions of Contract (GCC)
and the Particular Conditions of Contract (PCC).The forms for Bank Guarantee for
Performance Security (Form PW3-10),Bank Guarantee for Advance Payment (Form
PW3-11)andBank Guarantee for Refund of Retention Money (Form PW3-12), as andif
applicable, are to be completed and furnished by the successful Tenderer, when
required.
Section 6. Bill of Quantities
This Section provides the items and estimated quantities of Works to be performed and
must be carefully prepared by the Procuring Entity for each object of procurement.
Section 7. General Specifications
This Section provides the General Specifications that describe the Works and
Associated Services to be procured.
Section 8. Particular Specifications
This Section provides further details as to precise requirements not included in the
General Specifications, or which modify or clarify the General Specifications for the
particular Works and physical Services to be procured.
Section 9. Drawings
This Section contains any Drawings that supplement the General and Particular
Specifications for the Works and Associated Services to be procured.

Sample Notice for Commencement of Works, Contract Amendment, Completion Certificate,

Tenderer’s Past Performance Processing form, Tenderer’s Past Performance Evaluation form
and Invitation for Tender attached at the back of this Document are for information only

PW3 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 OFWORKS

[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:

PW3 iii
 Table of Contents

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

A. General............................................................................................................1
1. Scope of Tender............................................................................................................. 1
2. Interpretation.................................................................................................................. 1
3. Source of Funds............................................................................................................. 1
4. Corrupt, Fraudulent, Collusive, Coercive (or Obstructive in case of Development Partner)
Practices.................................................................................................................... 2
5. Eligible Tenderers........................................................................................................... 4
6. Eligible Materials, Equipment and Associated Services.................................................5
7. Site Visit......................................................................................................................... 5
B. Tender Document...........................................................................................5
8. Tender Document: General............................................................................................5
9. Clarification of Tender Document...................................................................................5
10. Pre-Tender Meeting..................................................................................................... 6
11. Addendum to Tender Document...................................................................................6
C. Qualification Criteria.............................................................................................7
12. General Criteria............................................................................................................ 7
13. Litigation History........................................................................................................... 7
14. Experience Criteria....................................................................................................... 7
15. Financial Criteria........................................................................................................... 8
16. Personnel Capacity...................................................................................................... 8
17. Equipment Capacity..................................................................................................... 8
18. Joint Venture (JV)......................................................................................................... 8
19. Subcontractor(s)........................................................................................................... 9
D. Tender Preparation........................................................................................9
20. Only one Tender........................................................................................................... 9
21. Cost of Tendering......................................................................................................... 9
22. Issuance and Sale of Tender Document....................................................................10
23. Language of Tender................................................................................................... 10
24. Contents of Tender..................................................................................................... 10
25. Tender Submission Letter and Bill of Quantities.........................................................11
26. Alternatives................................................................................................................. 11
27. Tender Prices, Discounts and Price Adjustment.........................................................11
28. Tender Currency......................................................................................................... 12
29. Documents Establishing Eligibility of the Tenderer.....................................................12
30. Documents Establishing the Eligibility and Conformity of Materials, Equipment and
Services................................................................................................................... 13
31. Documents Establishing Technical Proposal..............................................................13
32. Documents Establishing the Tenderer’s Qualification................................................13
33. Validity Period of Tender............................................................................................ 14
34. Extension of Tender Validity and Tender Security..................................................14
35. Tender Security.......................................................................................................... 14
36. Form of Tender Security............................................................................................. 15
37. Authenticity of Tender Security...................................................................................15
38. Return of Tender Security.......................................................................................... 15
39. Forfeiture of Tender Security......................................................................................15
40. Format and Signing of Tender....................................................................................16
E. Tender Submission......................................................................................16
41. Sealing, Marking and Submission of Tender..........................................................16
42. Deadline for Submission of Tender............................................................................17
43. Late Tender................................................................................................................ 17
44. Modification, Substitution or Withdrawal of Tender.....................................................17
45. Tender Modification.................................................................................................... 17
46. Tender Substitution.................................................................................................... 17

PW3 iv
 47. Tender Withdrawal..................................................................................................... 18
F. Tender Opening and Evaluation.................................................................18
48. Tender Opening.......................................................................................................... 18
49. Evaluation of Tenders................................................................................................. 19
50. Evaluation Process..................................................................................................... 19
51. Preliminary Examination............................................................................................. 21
52. Technical Responsiveness and Technical Evaluation................................................21
53. Clarification on Tender............................................................................................... 22
54. Restrictions on Disclosure of Information...................................................................22
55. Correction of Arithmetical Errors.................................................................................23
56. Financial Evaluation................................................................................................... 23
57. Price Comparison....................................................................................................... 24
58. Negotiations................................................................................................................ 25
59. Post-qualification........................................................................................................ 25
60. Procuring Entity’s Right to Accept any or to Reject Any or All Tenders......................25
61. Rejection of All Tenders............................................................................................. 26
62. Informing Reasons for Rejection................................................................................26
G. Contract Award.............................................................................................26
63. Award Criteria............................................................................................................. 26
64. Notification of Award................................................................................................... 27
65. Performance Security................................................................................................. 27
66. Form and Time Limit for Furnishing of Performance Security...................................27
67. Validity of Performance Security.................................................................................28
68. Authenticity of Performance Security..........................................................................28
69. Contract Signing...................................................................................................... 28
70. Publication of Notification of Award of Contract..........................................................28
71. Debriefing of Tenderers.............................................................................................. 28
72. Adjudicator................................................................................................................. 28
73. Right to Complain....................................................................................................... 28
Section 2. Tender Data Sheet........................................................................29
A. General..........................................................................................................29
B. Tender Document.........................................................................................30
C. Qualification Criteria....................................................................................30
D. Tender Preparation......................................................................................33
E. Tender Submission......................................................................................34
F. Tender Opening and Evaluation.................................................................35
G. Contract Award.............................................................................................35
Section 3. General Conditions of Contract...................................................37
A. General..........................................................................................................37
1. Definitions.................................................................................................................37
2. Interpretation.............................................................................................................40
3. Communications & Notices..........................................................................................41
4. Governing Law..........................................................................................................41
5. Governing Language................................................................................................41
6. Documents Forming the Contract and Priority of Documents.............................41
7. Scope of Works.........................................................................................................42
8. Assignment...............................................................................................................42
9. Eligibility....................................................................................................................42
10. Gratuities / Agency fees.........................................................................................42
11. Confidential Details..................................................................................................42
12. Joint Venture (JV).....................................................................................................42
13. Possession of the Site.............................................................................................43
14. Access to the Site.....................................................................................................43
15. Procuring Entity’s Responsibilities........................................................................43
16. Approval of the Contractor’s Temporary Works...................................................43
17. Contractor’s Responsibilities..................................................................................44

PW3 v
 18. Taxes and Duties......................................................................................................44
19. Contractor’s Personnel............................................................................................44
20. Subcontracting.........................................................................................................44
21. Other Contractors.....................................................................................................44
22. Project Manager’s Decisions...................................................................................44
23. Delegation................................................................................................................. 44
24. Instructions...............................................................................................................45
25. Queries About the Contract Conditions.................................................................45
26. Safety, Security and Protection of the Environment.............................................45
27. Working Hours..........................................................................................................45
28. Welfare of Labourers................................................................................................45
29. Child Labour..............................................................................................................45
30. Discoveries................................................................................................................45
31. Procuring Entity’s and Contractor’s Risks............................................................46
32. Procuring Entity’s Risks..........................................................................................46
33. Contractor’s Risks....................................................................................................46
34. Copyright...................................................................................................................46
35. Limitation of Liability................................................................................................47
36. Insurance................................................................................................................... 47
37. Management and Progress Meetings.....................................................................47
B. Time Control.................................................................................................50
39. Commencement of Works............................................................................................50
40. Completion of Works................................................................................................50
41. Programme of Works...............................................................................................50
42. Pro Rata Progress....................................................................................................50
43. Early Warning............................................................................................................51
44. Extension of Intended Completion Date.................................................................51
45. Delays Caused by Authorities.................................................................................52
46. Acceleration..............................................................................................................52
47. Delays Ordered by the Project Manager.................................................................52
48. Suspension of Work.................................................................................................52
49. Consequences of Suspension................................................................................52
C. Quality Control.............................................................................................53
50. Execution of Works..................................................................................................53
51. Examination of Works before covering up.............................................................53
52. Identifying Defects....................................................................................................53
53. Testing.......................................................................................................................53
54. Rejection of Works...................................................................................................53
55. Remedial Work..........................................................................................................53
56. Correction of Defects...............................................................................................54
57. Uncorrected Defects.................................................................................................54
D. Cost Control..................................................................................................54
58. Contract Price...........................................................................................................54
59. Bill of Quantities.......................................................................................................54
60. Changes in the Quantities and Unit Rate...............................................................54
61. Issue Variation or Extra Work Order.......................................................................54
62. Costing of Variations or Extra Orders....................................................................55
63. Cash Flow Forecasts................................................................................................56
64. Payment Certificates................................................................................................56
65. Payments to the Contractor.....................................................................................56
66. Delayed Payment......................................................................................................57
67. Compensation Events..............................................................................................57
68. Adjustments for Changes in Legislation................................................................58
69. Price Adjustment......................................................................................................58
70. Retention Money.......................................................................................................59
71. Liquidated Damages.................................................................................................59
72. Bonus......................................................................................................................... 59
73. Advance Payment.....................................................................................................59
74. Performance Security...............................................................................................60
75. Provisional Sums......................................................................................................61
76. Dayworks................................................................................................................... 61
77. Cost of Repairs to Loss or Damages......................................................................61
78. Completion................................................................................................................61
79. Taking Over...............................................................................................................61
80. Amendment to Contract...........................................................................................61

PW3 vi
 81. Final Account............................................................................................................62
82. As-built Drawings and Manuals..............................................................................62
83. Force Majeure...........................................................................................................62
84. Notice of Force Majeure...........................................................................................62
85. Consequences of Force Majeure............................................................................63
86. Release from Performance......................................................................................63
87. Termination...............................................................................................................63
88. Payment upon Termination.....................................................................................65
89. Property.....................................................................................................................66
90. Frustration.................................................................................................................66
91. Contractor’s Claims..................................................................................................66
92. Settlement of Disputes.............................................................................................67

Section 4. Particular Conditions of Contract...............................................69

Section 5. Tender and Contract Forms............................................................77
Tender Submission Letter (Form PW3-1)..............................................................................78
Tenderer Information (Form PW3-2)....................................................................................81
JV Partner Information (Form PW3-3).................................................................................84
Personnel Information (Form PW3-5)...................................................................................89
Letter of Commitment for Bank’s Undertaking for Line of Credit (Form PW3-7).................93
Notification of Award (Form PW3-8)....................................................................................94
Contract Agreement (Form PW3-9)......................................................................................95
Bank Guarantee for Performance Security (Form PW3-10)...................................................96
Bank Guarantee for Advance Payment (Form PW3-11)........................................................97
Bank Guarantee forRetention Money Security (Form PW3-12)......................................98

Section 6. Bill of Quantities............................................................................100

Section 7. General Specifications...................................................................107
Section 8. Particular Specifications................................................................108
Section 9. Drawings.......................................................................................109

PW3 vii
 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” meansa 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. Source of Funds 3.1 The Procuring Entity has been allocated public funds as
indicated in the TDS and intends to apply a portion of the funds
to eligible payments under the Contract for which this Tender
Document is issued.
3.2 For the purpose of this provision, “public funds” means any
monetary resources appropriated to the Procuring Entity under
Government budget, or loan, grants and credits placed at the
disposal of the Procuring Entity through the Government by the
development partners or foreign states or organisations.
3.3 Payments by the development partner, if so indicated in the
TDS, will be made only at the request of the Government and
upon approval by the development partner or foreign state or
Organisation in accordance with the applicable Loan / Credit /
Grant Agreement, and will be subject in all respects to the
terms and conditions of that Agreement.

PW3PW3839521884.docx 1
 4. Corrupt, Fraudulent, 4.1 The Government and the Development Partner, if
Collusive, Coercive (or applicablerequires that the Procuring Entity as well as the
Obstructive in case of Tenderers and Contracts (including , sub-contractors,
Development Partner) agents, personnel, consultants, and service providers)shall
Practices observe the highest standard of ethics during
implementation of procurement proceedings and the
execution of Contracts under public funds.
4.2 For the purposes of ITT Sub Clause 4.3, the terms set forth
below as follows:
(a) “corrupt practice” means offering, giving or
promising to give, receiving, or soliciting either
directly or indirectly, to any officer or employee of the
Procuring Entity or other public or private authority or
individual, a gratuity in any form; employment or any
other thing or service of value as an inducement with
respect to an act or decision or method followed by the
Procuring Entity in connection with a Procurement
proceeding or Contract execution;
(b) “fraudulent practice” means the misrepresentation or
omission of facts in order to influence a decision to be
taken in a Procurement proceeding or Contract
execution;
(c) “collusive practice” means a scheme or arrangement
between two (2) or more Persons, with or without the
knowledge of the Procuring Entity, that is designed to
arbitrarily reduce the number of Tenders submitted or
fix Tender prices at artificial, non-competitive levels,
thereby denying the Procuring Entity the benefits of
competitive price arising from genuine and open
competition;
(d) “coercive practice” means harming or threatening to
harm, directly or indirectly, Persons or their property
to influence a decision to be taken in the
Procurement proceeding or the execution of a
Contract, and this will include creating obstructions in
the normal submission process used for Tenders.
(e) “Obstructive practice” (applicable in case of
Development Partner) means deliberately
destroying, falsifying, altering or concealing of
evidence material to the investigation or making false
statements to investigators in order to materially
impede an investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; and /or
threatening, harassing or intimidating any party to
prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the
investigation.
4.3 Should any corrupt, fraudulent, collusive, coercive (or
obstructive in case of Development Partner) practice of any
kind is determined by the Procuring Entity or the
Development Partner, if applicable, this will be dealt in
accordance with the provisions of the Public Procurement
Act and Rules and Guidelines of the Development Partners

PW3PW3839521884.docx 2
 4.4 If corrupt, fraudulent, collusive, coercive (or obstructive in
case of Development Partner) practices of any kind is
determined by the Procuring Entity against any Tenderer
or Contracts (including sub-contractors, agents, personnel,
consultants, and service providers) in competing for, or in
executing, a contract under public fund:
(a) Procuring Entity and/or the Development Partner
shall exclude the concerned Tenderer from further
participation in the concerned procurement
proceedings;
(b) Procuring Entity and/or the Development Partner
shall reject any recommendation for award that had
been proposed for that concerned Tenderer;
(c) Procuring Entity and/or the Development Partner
shall 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;
(d) Development Partner shall sanction the concerned
Tenderer or individual, at any time, in accordance
with prevailing Development Partner’ sanctions
procedures, including by publicly declaring such
Tenderer or individual ineligible, either indefinitely or
for a stated period of time: (i) to be awarded a
Development Partner-financed contract; and (ii) to be
a nominated sub-contractor, consultant,
manufacturer or Contractor, or service provider of an
otherwise eligible firm being awarded a Development
Partner-financed contract; and
(e) Development Partner shall cancel the portion of the
loan allocated to a contract if it determines at any
time that representatives of the Procuring Entity or of
a beneficiary of the loan engaged in corrupt,
fraudulent, collusive, coercive or obstructive
practices during the procurement or the execution of
that Development Partner financed contract, without
the Procuring Entity having taken timely and
appropriate action satisfactory to the Development
Partner to remedy the situation.
4.5 Tenderer shall be aware of the provisions on corruption,
fraudulence, collusion, coercion (and obstruction, in case
of Development Partner) of the Public Procurement Act,
2006, the Public Procurement Rules, 2008 and others as
stated in GCC Clause 38.
4.6 In further pursuance of this policy, Tenderers, Contractors
and their sub-contractors, agents, personnel, consultants,
service providers shall permit the Government and the
Development Partner to inspect any accounts and records
and other documents relating to the Tender submission and
contract performance, and to have them audited by auditors
appointed by the Government and/or the Development
Partner during the procurement or the execution of that

PW3PW3839521884.docx 3
 Development Partner financed contract.
5. Eligible Tenderers 5.1 This Invitation for Tenders is open to all potential
Tenderers from all countries, except for any specified in
the TDS.
5.2 Tenderers shall have the legal capacity to enter into the
Contract under the Applicable law.
5.3 Tenderers shall be enrolled in the relevant professional or
trade organisations registered in Bangladesh.
5.4 Tenderers may be a physical or juridical individual or
body of individuals, or company, association or any
combination of them in the form of a Joint Venture(JV)
invited to take part in public procurement or seeking to be
so invited or submitting a Tender in response to an
Invitation for Tenders.
5.5 Tenderers shall have fulfilled its obligations to pay taxes
and social security contributions under the provisions of
laws and regulations of the country of its origin.
5.6 Tenderers should not be associated, or have been
associated in the past, directly or indirectly, with a
consultant or any of its affiliates which have been
engaged by the Procuring Entity to provide consulting
services for the preparation of the design, specifications,
and other documents to be used for the procurement of
the works to be performed under this Invitation for
Tenders.
5.7 Tenderers in its own name or its other names or also in
the case of its Persons in different names shall not be
under a declaration of ineligibility for corrupt, fraudulent,
collusive or coercive practices as stated under ITT Sub
Clause 4.4 (or obstructive practice, in case of
Development Partner) in relation to the Development
Partner’s Guidelines in projects financed by Development
Partner.
5.8 Tenderers are not restrained or barred from participating
in Public Procurement on grounds of poor performance in
the past under any Contract.
5.9 Tenderers shall not be insolvent, be in receivership, be
bankrupt, be in the process of bankruptcy, be not
temporarily barred from undertaking business and it shall
not be the subject of legal proceedings for any of the
foregoing.
5.10 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.
5.11 Tenderers shall provide such evidence of their continued
eligibility satisfactory to the Procuring Entity, as the
Procuring Entity will reasonably request.
5.12 These above requirements for eligibility will extend, as
applicable, to each JV partner and Subcontractor
proposed by the Tenderers.

PW3PW3839521884.docx 4
 5.13 Tenderers shall have the up-to-date valid license(s),
issued by the corresponding competent authority, as
specified in the TDS.
6. Eligible Materials, 6.1 All materials, equipment and associated services to be
Equipment and supplied under the Contract are from eligible sources,
Associated Services unless their origin is from a country specified in the TDS.
6.2 For the purposes of this Clause, “origin” means the place
where the Materials and Equipment are mined, grown,
cultivated, produced or manufactured or processed, or
through manufacturing, processing, or assembling, another
commercially recognized new product results that differs
substantially in its basic characteristics from its components
or the place from which the associated services are
supplied.
6.3 The origin of materials and equipment and associated
services is distinct from the nationality of the Tenderer.
7. Site Visit 7.1 Tenderers are advised to visit and examine the Site of
Works and its surroundings and obtain for itself on its own
responsibility all information that may be necessary for
preparing the Tender and entering into a contract for
construction of the Works. The costs of visiting the Site
shall be at Tenderer’s own expense.

B. Tender Document
8. Tender Document: 8.1 The Sections comprising the Tender Document are listed
General 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

8.2 The Procuring Entity is not responsible for the completeness

of the Tender Document and their addenda, if these were
not purchased directly from the Procuring Entity, or through
its agent as specified in the TDS.
8.3 Tenderers are expected to examine all instructions, forms,
terms, and specifications in the Tender Document as well
as in addendum to Tender, if any.
9. Clarification of Tender 9.1 A prospective Tenderer requiring any clarification of the
Document Tender Document shall contact the Procuring Entity in
writing at the Procuring Entity’s address and within time
as specified in the TDS.

PW3PW3839521884.docx 5
 9.2 The Procuring Entity is not obliged to answer any
clarification request received after that date as stated
under ITT Sub Clause 9.1.
9.3 The Procuring Entity shall respond in writing within five (5)
working days of receipt of any such request for
clarification received under ITT Sub Clause 9.1.
9.4 The Procuring Entity shall forward copies of its response to
all those who have purchased the Tender Document,
including a description of the enquiry but without identifying
its source.
9.5 Should the Procuring Entity deem it necessary to revise the
Tender Document as a result of a clarification, it will do so
following the procedure under ITT Clause 11.
10. Pre-Tender Meeting 10.1 To clarify issues and to answer questions on any matter
arising in the Tender Document, the Procuring Entity may, if
stated in the TDS, hold a pre-Tender Meeting at the place,
date and time as specified in the TDS. All potential
Tenderers are encouraged and invited to attend the
meeting, if it is held.
10.2 Tenderers are requested to submit any questions in writing
so as to reach the Procuring Entity not later than one day
prior to the date of the meeting.
10.3 Minutes of the pre-Tender meeting, including the text of the
questions raised and the responses given, together with any
responses prepared after the meeting, will be transmitted
within five (5) working days after holding the meeting to all
those who purchased the Tender document and to even
those who did not attend the meeting. Any revision to the
Tender Document listed in ITT Sub Clause 8.1 that may
become necessary as a result of the pre-Tender meeting
will be made by the Procuring Entity exclusively through the
issue of an Addendum pursuant to ITT Sub Clause 11 and
not through the minutes of the pre-Tender meeting.
10.4 Non-attendance at the Pre-Tender meeting will not be a
cause for disqualification of a Tenderer.

11. Addendum to Tender 11.1 At any time prior to the deadline for submission of Tenders, the
Document Procuring Entity, on its own initiative or in response to an
inquiry in writing from a Tenderer, having purchased the
Tender Document, or as a result of a pre-Tender meeting
may revise the Tender Document by issuing an Addendum.

11.2 The Addendum issued under ITT Sub Clause 11.1 shall
become an integral part of the Tender Document and shall
have a date and an issue number and must be circulated by
fax, mail or e-mail, to Tenderers who have purchased the
Tender Documents, within five (5) working days of issuance
of such Addendum, to enable Tenderers to take appropriate
action
11.3 The Procuring Entity shall also ensure posting of the

PW3PW3839521884.docx 6
 relevant addenda with the reference number and date on
their websites including notice boards, where the Procuring
Entity had originally posted the IFTs.
11.4 To give a prospective Tenderer reasonable time in which to
take an addendum into account in preparing its Tender, the
Procuring Entity may, at its discretion, extend the deadline
for the submission of Tenders, pursuant to ITT Sub Clause
42.2.
11.5 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
12. General Criteria 12.1 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.
12.2 In addition to meeting the eligibility criteria, as stated in
ITT Clause 5, Tenderers must satisfy the other criteria
stated in ITT Clauses 13 to 18 inclusive
12.3 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 14.1(a) and specific experience, unless
otherwise of different nature, as stated under ITT Sub
Clause 15.1(b) shall not be separately applicable for each
individual lot.
13. Litigation History 13.1 Litigation history shall comply with the requirement as
stated under ITT Sub Clause15.1(c).
14. Experience Criteria 14.1 Tenderers shall have the following minimum level of
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 Prime Contractor or
Subcontractor or Management Contractor as

PW3PW3839521884.docx 7
 specified in the TDS; and
(b) specific experience as a Prime Contractor or
Subcontractor or Management Contractor 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.
15. Financial Criteria 15.1 Tenderers 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 facilities from any scheduled Bank
of Bangladesh, net of other contractual
commitments, of the amount as specified in the
TDS;
(c) satisfactory resolution of all claims under litigation
cases and shall not have serious negative impact
on the financial capacity of the Tenderers. All
pending litigation shall be treated as resolved
against the Tenderers; and
(d) The Minimum Tender Capacity as specified in the
TDS.
16. Personnel Capacity 16.1 Tenderers shall have the following minimum level of
personnel capacity to qualify for the performance of the
Works under the Contract consisting of a Construction
Project Manager, Engineers, and other key staff with
qualifications and experience as specified in the TDS.
17. Equipment Capacity 17.1 Tenderers shall own suitable equipment and other
physical facilities or have proven access through
contractual arrangement to hire or lease such equipment
or facilities for the desired period, where necessary or
have assured access through lease, hire, or other such
method, of the essential equipment, in full working order,
as specified in the TDS.
18. Joint Venture (JV) 18.1 Tenderers may participate in the procurement proceedings
forming a Joint Venture(JV) by an agreement, executed
case by case on a non-judicial stamp of value as specified
in the TDS or alternately with the intent to enter into such an
agreement supported by a Letter of Intent along with the
proposed agreement duly signed by all legally authorised
partners of the intended JV and authenticated by a Notary
Public, with the declaration that the partners will execute the
JV agreement in the event the Tenderer is successful.
18.2 The figures for each of the partners of a JV shall be added
together to determine the Tenderer’s compliance with the
minimum qualifying criteria; however, for a JV under ITT

PW3PW3839521884.docx 8
 Sub Clause 18.1, with number of partners as specified in the
TDS to qualify, Leading partner and other partners must
meet the criteria as specified in the TDS. Failure to comply
with these requirements will result in non-responsiveness of
the JV Tender.
18.3 Each partner of the JV shall be jointly and severally liable for
the execution of the Contract, all liabilities and ethical and
legal obligations in accordance with the Contract terms.
18.4 JV shall nominate the Leading Partner as
REPRESENTATIVE being entrusted with the Contract
administration and management at Site who shall have the
authority to conduct all business for and on behalf of any
and all the partners of the JV during the Tendering process
and, in the event the JV is awarded the Contract, during
contract execution including the receipt of payments for and
on behalf of the JV.
19. Subcontractor(s) 19.1 Tenderers may intend to subcontract an activity or part of
the Works, in which case such elements and the proposed
Subcontractor shall be clearly identified.
19.2 The Procuring Entity may require Tenderers to provide
more information about their subcontracting arrangements.
If any Subcontractor is found ineligible or unsuitable to carry
out the subcontracted tasks, the Procuring Entity may
request the Tenderers to propose an acceptable substitute.
19.3 A Subcontractor may participate in more than one Tender,
but only in that capacity.
19.4 The Procuring Entity may also select in advance Nominated
Subcontractor(s) to execute certain specific components of
the Works and if so, those will be specified in the TDS.
19.5 The successful Tenderer shall under no circumstances
assign the Works or any part of it to a Subcontractor.

D. Tender Preparation
20. Only one Tender 20.1 Tenderers shall submit only one (1) Tender for each lot,
either individually or as a JV. 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.
21. Cost of Tendering 21.1 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.

PW3PW3839521884.docx 9
 22. Issuance and Sale of 22.1 The Procuring Entity shall make Tender Documents
Tender Document 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.
22.2 There shall not be any pre-conditions whatsoever, for sale
of Tender Documents and the sale of such Document
shall be permitted up to the day prior to the day of
deadline for the submission of Tender.
23. Language of Tender 23.1 Tenders shall be written in the English language.
Correspondences and documents relating to the Tender
may be written in English or Bangla. Supporting
documents and printed literature furnished by the
Tenderers that are part of the Tender may be in another
language, provided they are accompanied by an accurate
translation of the relevant passages in the English or
Bangla language, in which case, for purposes of
interpretation of the Tender, such translation shall govern.
23.2 Tenderers shall bear all costs of translation to the
governing language and all risks of the accuracy of such
translation.
24. Contents of Tender 24.1 The Tender prepared by the Tenderers will comprise the
following:
(a) the Tender Submission Letter(Form PW3-1), as stated
under ITT Sub Clause 25.1;
(b) the Tenderer Information as stated under ITT Clauses
5,29 and 32 (Form PW3-2);
(c) the priced BOQ for each lot in accordance with ITT
Clauses 25,27and 28;
(d) the Tender Security as stated under ITT Clauses 35,
36 and 37.
(e) the alternatives, if permissible, as stated under ITT
Clause 26;
(f) the written confirmation authorizing the signatory of the
Tender to commit the Tenderer, as stated under ITT
Sub Clause 40.3;
(g) the Valid Trade license ;
(h) documentary evidence of Tax Identification Number (TIN)
and Value Added Tax (VAT) as a proof of taxation
obligations as stated under ITT Sub Clause 5.5;
(i) the Technical Proposal describing work plan &
method, personnel, equipment and schedules as
stated under ITT Clause 31;
(j) documentary evidence as stated under ITT Clause 29
and 32 establishing the Tenderer’s eligibility and
the minimum qualifications of the Tenderers
required to be met for due performance of the
Works and physical services under the Contract;

PW3PW3839521884.docx 10
 (k) document establishing legal and financial autonomy
and compliance with commercial law, as stated
under ITT Sub Clause5.10 in case of government
owned entity;
(l) tenderer’s past performance information in (Form
PW3-5a) & documentary evidence for past
performance evaluation and rating matrix as stated
under ITT Sub Clause 50.2;
(m)tenderer’s capacity information in (Form PW3-5B) &
documentary evidence for tenderers capacity; and
(n) any other document as specified in the TDS.
25. Tender Submission 25.1 Tenderers shall submit the Tender Submission Letter
Letter and Bill of (Form PW3-1), which shall be completed without any
Quantities alterations to its format, filling in all blank spaces with the
information requested, failing which the Tender may be
rejected as being incomplete.
25.2 Tenderers shall submit the priced BOQ using the form(s)
furnished in Section 6: Bill of Quantities.
25.3 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.
26. Alternatives 26.1 Unless otherwise specified in the TDS, alternative
technical solutions shall not be considered.
26.2 When specified in ITT clause 26.1, Tenderers are
permitted to submit alternative technical solutions for
specified parts of the Works, and such parts will be
identified in the TDS.
26.3 Only the technical alternatives, if any, of the lowest
evaluated Tenderer conforming to the basic technical
requirements will be considered by the Procuring Entity.

27. Tender Prices, 27.1 The prices and discounts quoted by the Tenderers in the
Discounts and Price Tender Submission Letter (Form PW3-1) and in the BOQ
Adjustment shall conform to the requirements specified below.
27.2 Tenderers shall fill in unit rates for all items of the Works
both in figures and in words as described in the BOQ,
excluding any discount offered.
27.3 The items quantified in the BOQ for which no unit rates
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 in the BOQ and, it
shall not be a reason to change the Tender price.
27.4 The price to be quoted in the Tender Submission Letter,
as stated under ITT Sub Clause 25.1, shall be the total
price of the Tender, excluding any discounts offered.
27.5 Tenderers shall quote any unconditional discounts in the

PW3PW3839521884.docx 11
 Tender Submission Letter as stated under ITT Sub
Clause 25.1.
27.6 Tenderers wishing to offer any unconditional discount to
any package or lot as applicable shall mention discount in
percentage (%) in the Tender Submission Letter. Discount
shall be equally applicable on all the items of BOQ and
shall be applied after arithmetic correction of the tender.
27.7 All applicable taxes, custom duties, VAT and other levies
payable by the Contractor under the Contract, or for any
other causes, as of the date twenty-eight (28) days prior to
the deadline for submission of Tenders, shall be included
in the unit rates and the total Tender price submitted by
the Tenderers.
27.8 Unless otherwise specified in the TDS and provided in the
Contract, the price of a Contract shall be fixed in which
case the unit rates may not be modified in response to
changes in economic or commercial conditions.
27.9 If so stated under ITT Sub Clause 27.9, Tenders are being
invited with a provision for price adjustments. The unit
rates quoted by the Tenderers are subject to adjustment
during the performance of the Contract in accordance with
the provisions of General Condition of Contract (GCC)
Clause 69 and, in such case the Procuring Entity shall
provide the indexes and weightings or coefficients in
Appendix to the Tender (Table 1.1 and Table 1.2) for
the price adjustment formulae as specified in the
Particular Conditions of Contract (PCC).
28. Tender Currency 28.1 Tenderers shall quote all prices in the Tender Submission
Letter and in the BOQ in Bangladesh Taka (BDT)
currency.
29. Documents 29.1 Tenderers, if applying as a sole Tenderer, shall submit
Establishing Eligibility of documentary evidence to establish its eligibility as stated
the Tenderer under ITT Clause 5 and, in particular, it shall:
(a) complete the eligibility declarations in the Tender
Submission Letter (Form PW3-1);
(b) complete the Tenderer Information (Form PW3-2);
(c) complete Subcontractor Information (Form PW3-4),
if it intends to engage any Subcontractor(s).
29.2 Tenderers, if applying as a partner of an existing or
intended JV shall submit documentary evidence to
establish its eligibility as stated under ITT Clause 5 and, in
particular, in addition to as stated under ITT Sub Clause
29.1, it shall:
(a) provide for each JV partner, completed JV Partner
Information (Form PW3-3);
(b) provide the JV agreement or Letter of Intent along
with the proposed agreement of the intended JV as
stated under ITT Sub Clause 18.1

PW3PW3839521884.docx 12
 30. Documents 30.1 Tenderers shall submit documentary evidence to estab-
Establishing the Eligibility lish the origin of all Materials, Equipment and services
and Conformity of to be supplied under the Contract as stated under ITT
Materials, Equipment and Clause 6.
Services

30.2 To establish the conformity of the Materials, Equipment

and services to be supplied under the Contract, the
Tenderers shall furnish, as part of its Tender, the
documentary evidence (which may be in the form of
literature, specifications and brochures, drawings or data)
that these conform to the technical specifications and
standards specified in Section 7, General Specifications
and Section 8, Particular Specifications.
31. Documents 31.1 Tenderers shall furnish a Technical Proposal including a
Establishing Technical statement of work methods, equipment, personnel, sched-
Proposal ule and any other information as stipulated in TDS, in suffi-
cient detail to demonstrate the adequacy of the Tenderer’s
proposal to meet the work requirements and the comple-
tion time.
32. Documents 32.1 Tenderers shall complete and submit the Tenderer In-
Establishing the formation (Form PW3-2/PW3-3) and shall include docu-
Tenderer’s Qualification mentary evidence, as applicable to satisfy the following:
(a) general experience, of the entity(s) participating in
the Tender, in construction works as stated under
ITT Sub Clause 14.1(a), substantiated by the year of
registration/constitution/licensing in its country of
origin;
(b) specific experience, of the entity(s) participating in
the Tender, in construction works under public
sector of similar nature and size as stated under ITT
Sub Clause 14.1(b), substantiated by Completion
Certificate (s) issued by the relevant Procuring
Entity(s);
(c) 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 15.1(a), substantiated
by 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;
(d) adequacy of minimum liquid assets i.e. working
capital substantiated by Audit Reports mentioned in
(i) below or credit line(s) substantiated by any
scheduled Bank of Bangladesh in the format as
specified (Form PW3-7), 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 15.1(b);
(e) information regarding claims under litigation,
current or during the last years as specified in the

PW3PW3839521884.docx 13
 TDS, in which the Tenderer is involved, the parties
concerned, and value of claim as stated under ITT
Sub Clause 15.1(c), substantiated by statement(s) of
the entity(s) participating in the Tender in its letter-
head pad;
(f) technical and administrative personnel along with
their qualification and experience proposed for the
Contract as stated under ITT Clause 16;
(g) major items of construction equipment proposed to
carry out the Contract as stated under ITT Clause
17, substantiated by statement(s) of the entity(s)
participating in the Tender in its letter-head pad
declaring source of its availability;
(h) authority(s), to seek references from the Tenderer’s
Bankers or any other sources, of the entity(s)
participating in the Tender in its letter-head pad;
(i) 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, of the entity(s) participating in the Tender,
substantiated by Audit Reports.
33. Validity Period of 33.1 Tenders shall remain valid for the period as specified in
Tender the TDS after the date of Tender submission deadline. A
Tender valid for a period shorter than that specified will be
considered, non- responsive.
34. Extension of Tender 34.1 In exceptional circumstances, prior to the expiration of the
Validity and Tender Tender Validity period, the Procuring Entity may solicit all
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 51.3.
34.2 The request for extension of Tender Validity period shall
state the new date of the validity of the Tender.
34.2 The request and the responses shall be made in writing.
Validity of the Tender Security provided under ITT Clause
35 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.
35. Tender Security 35.1 Tenderers 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.
35.2 If the Tender is a Joint Venture, the Tenderer shall furnish
as part of its Tender, in favour of the Procuring Entity or as
otherwise directed on account of the title of the existing or
intended JV or any of the partners of that JV or in the

PW3PW3839521884.docx 14
 names of all future partners as named in the Letter of
Intent of the JV, a Tender Security in original form and in
the amount as stated under ITT Sub Clause 35.1.
35.3 In case of substitution of the Tender as stated under ITT
Clause 46 a new Tender Security shall be required in the
substituted Tender.
36. Form of Tender 36.1 The Tender Security shall:
Security (a) at the Tenderer’s option, be either;
i. in the form of a Bank Draft or Pay Order, or
ii. in the form of an irrevocable unconditional Bank
Guarantee issued by any scheduled Bank of
Bangladesh, in the format (Form PW3-
6),without any alteration, furnished in Section 5:
Tender and Contract Forms;
(b) be payable promptly upon written demand by the
Procuring Entity in the case of the conditions as
stated under ITT Sub Clause 39.1 being invoked;
and
(c) remain valid for at least twenty-eight (28) days
beyond the expiry date of the Tender Validity in
order to make a claim in due course against a
Tenderer in the circumstances as stated under ITT
Sub Clause 39.1.

37. Authenticity of Tender 37.1 The authenticity of the Tender Security submitted by a
Security Tenderer may be examined and verified by the Procuring
Entity at its discretion in writing from the Bank issuing the
security.
37.2 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 4.4.
37.3 A Tender not accompanied by a valid Tender Security will
be considered non-responsive.

38. Return of Tender 38.1 No Tender Security shall be returned to the Tenderers
Security before contract signing.
38.2 Unsuccessful Tenderer’s Tender Security will be
discharged or returned as soon as possible but within
twenty-eight (28) days after the expiry of the Tender
Validity period as stated under ITT Sub Clauses 33.1.
38.3 The Tender Security of the successful Tenderer will be
discharged upon the Tenderer’s furnishing of the
performance security and signing of the Contract
Agreement.

39. Forfeiture of Tender 39.1 The Tender Security may be forfeited, if a Tenderer:
Security
(a) withdraws its Tender after opening of Tenders but
within the validity of the Tender as stated under ITT
Clause 33 and 34; or
(b) refuses to accept a Notification of Award as stated

PW3PW3839521884.docx 15
 under ITT Sub Clause 64.3; or
(c) fails to furnish Performance Security as stated
under ITT Sub Clause 65.1 and 65.2; or
(d) refuses to sign the Contract as stated under ITT
Sub Clause 70.2; or
(e) does not accept the correction of the Tender price
following the correction of the arithmetic errors as
stated under ITT Clause 55.
40. Format and Signing of 40.1 Tenderers shall prepare one (1) original of the documents
Tender comprising the Tender as described in ITT Clause 24 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.
40.2 Alternatives, if permitted as stated under ITT Clause 26,
shall be clearly marked “Alternative”.
40.3 The original and each copy of the Tender shall be typed or
written in indelible ink and shall be signed by the Person
duly authorized to sign on behalf of the Tenderer. This
Tender specific authorization shall be attached to the
Tender Submission Letter (Form PW3-1). 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.
40.4 Any interlineations, erasures, or overwriting will be valid
only if they are signed or initialled by the Person(s)
signing the Tender.

E. Tender Submission
41. Sealing, Marking and 41.1 Tenderers shall enclose the original in one (1) envelope
Submission of Tender and all the copies of the Tender, including the alternatives,
if permitted under ITT Clause 26, in another envelope,
duly marking the envelopes as “ORIGINAL (O)”
“ALTERNATIVE (A)” (if permitted) and “COPY.” These
sealed envelopes will then be enclosed and sealed in one
(1) single outer envelope.
41.2 The inner and outer envelopes shall:
(a) be addressed to the Procuring Entity at the address
as stated under ITT Sub Clause 42.1;
(b) bear the name of the Tender and the Tender Number
as stated under ITT Sub Clause 1.1;
(c) bear the name and address of the Tenderer;
(d) bear a statement “DO NOT OPEN BEFORE
----------------------” the time and date for Tender

PW3PW3839521884.docx 16
 opening as stated under ITT Sub Clause 48.1;
(e) bear any additional identification marks as specified
in the TDS.
41.3 Tenderers are solely and entirely responsible for pre-
disclosure of Tender information if the envelope(s) are not
properly sealed and marked.
41.4 Tenders shall be delivered by hand or by mail, including
courier services at the address(s) as stated under ITT
Sub Clause 42.1.
41.5 The Procuring Entity will, on request, provide the Tenderer
with acknowledgement of receipt showing the date and
time when it’s Tender was received.
42. Deadline for 42.1 Tenders shall be delivered to the Procuring Entity at the
Submission of Tender address specified in the TDS and not later than the date
and time specified in the TDS.
42.2 The Procuring Entity may, at its discretion, extend the
deadline for submission of Tender as stated under ITT
Sub Clause 42.1, 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.
42.3 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.
42.4 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 42.1,
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.
43. Late Tender 43.1 Any Tender received by the Procuring Entity after the
deadline for submission of Tenders as stated under ITT
Sub Clause 42.1shall be declared LATE and returned
unopened to the Tenderer.
44. Modification, 44.1 Tenderers may modify, substitute or withdraw its Tender
Substitution or after it has been submitted by sending a written notice
Withdrawal of Tender duly 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 42.
45. Tender Modification 45.1 Tenderers shall not be allowed to retrieve its original
Tender, but shall be allowed to submit corresponding
modification to its original Tender marked as
“MODIFICATION (M)”.
46. Tender Substitution 46.1 Tenderers shall not be allowed to retrieve its original
Tender, but shall be allowed to submit another Tender

PW3PW3839521884.docx 17
 marked as “SUBSTITUTION (S)”.
47. Tender Withdrawal 47.1 Tenderers shall be allowed to withdraw its Tender by a
Letter of Withdrawal marked as “WITHDRAWAL(W)”.

F. Tender Opening and Evaluation

48. Tender Opening 48.1 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 48.2.
48.2 If submission of Tenders is allowed in more than one
location as stated under ITT Sub Clause 42.3 and 42.4,
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
48.1.
48.3 Persons not associated with the Tender may not be
allowed to attend the public opening of Tenders.
48.4 Tenderers’ representatives shall be duly authorised by the
Tenderer. Tenderers or their authorised representatives
will be allowed to attend and witness the opening of
Tenders, and will sign a register evidencing their
attendance.
48.5 The authenticity of withdrawal or substitution of, or
modifications to original Tender, if any made by a
Tenderer in specified manner, shall be examined and
verified by the Tender Opening Committee (TOC) based
on documents submitted as stated under ITT Sub Clause
44.1.
48.6 Ensuring that only the correct (M), (S), (A), (O) envelopes
are opened, details of each Tender will be dealt with as
follows:
(a) the Chairperson of the 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 official cost estimate;
(v) any discounts;
(vi) any alternatives;
(vii) the presence or absence of any requisite

PW3PW3839521884.docx 18
 Tender Security; and
(viii)such other details as the Procuring Entity, at its
discretion, may consider appropriate
(b) only discounts and alternatives read aloud at the
Tender opening will be considered in evaluation.
(c) all pages of the original version of the Tender,
except for un-amended printed literature, will be
initialled by members of the TOC.
48.7 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.
48.8 The omission of a Tenderer’s signature on the record shall
not invalidate the contents and effect of the record under
ITT Sub Clause 48.6.
48.9 No Tender will be rejected at the Tender opening stage
except the LATE Tenders as stated in the ITT Clause 43.
49. Evaluation of Tenders 49.1 Tenders shall be examined and evaluated only on the
basis of the criteria specified in the Tender Document.
49.2 Tender Evaluation Committee (TEC) shall examine,
evaluate and compare Tenders that are responsive to the
requirements of Tender Documents in order to identify the
successful Tenderer.
49.3 Tenderers having quoted the tender price more than 10
(Ten) percent above or below the official cost estimate, the
tender will be rejected.
50. Evaluation Process 50.1 TEC may consider a 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 examination and responsiveness
(c) Financial evaluation and price comparison
(d) Post-qualification of the Tender.
50.2 In case of tie for the evaluated price, the tenderer shall be
selected based on the “Past Performance Evaluation and
rating matrix for different aspects” to be used in
assessing the Tenderer’s quality as stated below:

Past Performance Evaluation Matrix

Aspect Aspect Point Score Note
No.

PW3PW3839521884.docx 19
 1 Total Number of 140 A Tenderers shall submit a list
Works Contract Score 1= ×140 of Successfully Completed
B
successfully Contracts (in Form-PW3-
completed within 5.1) during the last 5 years
A= Number of Completed
only PE's under the Procuring Entity’s
Contracts of the Tenderer
organization during organization inviting tender,
B= Highest Number of
last 5 years supported by Completion
Completed Contracts among the
Certificates. A Contract not
Tenderers
supported by Completion
2 Total Value of 100
Certificate shall not be taken
Works Contract C into evaluation.
successfully Score 2= ×100
D TEC shall determine the
completed within
C= Value of Completed Total Number and Total
only PE's
Contracts of the Tenderer Value of Contracts from the
organization during
D= Highest Value of Completed List as provided by the
last 5 years
Contracts among the Tenderers Tenderers for which the
Contract Value of each
Contract is up to +75% of
the Official Cost Estimate of
the proposed Work.
3 Total Value of On- 60 Tenderers shall submit a list
going works and E of On-going Contracts and
Current Score 3= × 60 Current Commitments (in
F
Commitment under Form-PW3-5.1) under any
E= Value of On-Going Works
all PEs Organization government organization
and Current Commitments of the
as shown in Tender supported by Contract
Tenderer
Capacity Formula Agreement / Notice to
Proceed
F= Highest Value of On-Going
A Contract not supported by
Works and Current
Contract Agreement /
Commitments among the
Notice to Proceed shall not
Tenderers
be taken into consideration.
Total Point 300 Total Score =Score 1+Score 2+Score
3

50.3 In case of the Tenderer is a JV, the business share of the JV Partners of this Tender shall
be applied in determining the JV Total Contract Numbers and Values.
50.4 If the total score of all the Tenderers become 0.00 (zero), the Tender shall be rejected
for Re-Tendering.
50.5 In very rare case of highest equal Total Scores, Winner shall be selected according to
Score 1, if Score 1 is same then Winner shall be selected according to Score 2. Otherwise
Tender shall be rejected for Re-Tendering.
51. Preliminary 51.2 TEC shall examine the Tenders to confirm that all
Examination documentation as stated under ITT Clause 24 has been
provided, to determine the completeness of each
document submitted.
51.3 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 considered rejected.
(a) Tender Submission Letter;
(b) Priced Bill of Quantities;
(c) Written confirmation authorizing the signatory of the
Tender to commit the Tenderer; and

PW3PW3839521884.docx 20
 (d) Valid Tender Security.
52. Technical 52.1 TEC’s determination of a Tender’s responsiveness is to be
Responsiveness and based on the contents of the Tender itself without
Technical Evaluation recourse to extrinsic evidence.
52.2 A responsive Tender is one that conforms in all respects
to the requirements of the Tender Document without
material deviation, reservation, or omission. A material
deviation, reservation, or omission is one that:
(a) affects in any substantial way the scope, quality, or
performance of the Works and physical services
specified in the Contract; or
(b) limits in any substantial way, or is inconsistent with
the Tender Documents, the Procuring Entity’s
rights or the Tenderer’s obligations under the
Contract; or
(c) if rectified would unfairly affect the competitive
position of other Tenderers presenting responsive
Tenders.
During the evaluation of Tenders, the following definitions
shall apply:
“Deviation” is a departure from the requirements specified in the
Tender Document;
“Reservation” is the setting of limiting conditions or withholding from
complete acceptance of the requirements specified in the Tender
Document; and
“Omission” is the failure to submit part or all of the information or
documentation required in the Tender Document.
52.3 If a Tender is not responsive to the mandatory
requirements set out in the Tender Document, shall not
subsequently be made responsive by the Tenderer by
correction of the material deviation, reservation, or
omission.
52.4 There shall be no requirement as to the minimum number
of responsive Tenders.
52.5 There shall be no automatic exclusion of Tenders which
are above or below the official estimate except ITT sub-
Clause 49.3.
52.6 TEC shall evaluate the aspects of the Tender submitted
as stated under ITT Clauses 29, 30,31 and 32 and, to
confirm that all requirements specified in Section 7:
General Specifications and Section 8: Particular
Specifications of the Tender Document have been met
without any material deviation, reservation or omission.
52.7 Provided that a Tender is responsive, TEC may request
that the Tenderer submit the necessary information or
documentation, within a reasonable period of time, to
rectify nonmaterial nonconformities or omissions in the
Tender related to documentation requirements. Such
omission shall not be related to any aspect of the rates of
the Tender reflected in the Priced BOQ or any mandatory
criteria. Failure of the Tenderer to comply with the request
may result in the consideration of its Tender as non-

PW3PW3839521884.docx 21
 responsive.
52.8 TEC may regard a Tender as responsive even if it
contains;
(a) minor or insignificant deviations which do not
meaningfully alter or depart from the technical
specifications, characteristics and commercial terms
and, conditions or other mandatory requirements set
out in the Tender Document; or
(b) errors or oversights, that if corrected, would not alter
the key aspects of the Tender.
53. Clarification on Tender 53.1 TEC may ask Tenderers for clarification of their Tenders,
including breakdowns of unit rates, in order to facilitate the
examination and evaluation of Tenders. The request for
clarification by the TEC and the response from the
Tenderer shall be in writing, and Tender clarifications
which may lead to a change in the substance of the
Tender or in any of the key elements of the Tender as
stated under ITT Sub Clause 52.2, will neither be sought
nor be permitted.
53.2 Changes in the Tender price shall also not be sought or
permitted, except to confirm the correction of arithmetical
errors discovered by the TEC in the evaluation of the
Tenders, as stated under ITT Sub Clause 55.1.

53.3 Any request for clarifications by the TEC shall not be

directed towards making an apparently non-responsive
Tender responsive and reciprocally the response from
the concerned Tenderer shall not be articulated towards
any addition, alteration or modification to its Tender.
53.4 If a Tenderer does not provide clarifications of its Tender
by the date and time, its Tender shall not be considered
in the evaluation
54. Restrictions on 54.1 Following the opening of Tenders until issuance of
Disclosure of Information Notification of Award no Tenderer shall, unless
requested to provide clarification to its Tender or unless
necessary for submission of a complaint, communicate
with the concerned Procuring Entity
54.2 Tenderers shall not seek to influence in anyway, the
examination and evaluation of the Tenders
54.3 Any effort by a Tenderer to influence the Procuring Entity
in its decision concerning the evaluation of Tenders,
Contract awards may result in the non-responsiveness
of its Tender as well as further action in accordance with
Section 64 (5) of the Public Procurement Act, 2006.
54.4 All clarification requests shall remind Tenderers of the
need for confidentiality and that any breach of
confidentiality on the part of the Tenderer may result in
their Tender being non-responsive.
55. Correction of 55.1 Provided that the Tender is responsive, the TEC shall
Arithmetical Errors correct arithmetical errors on the following basis:

PW3PW3839521884.docx 22
 (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.
55.2 TEC shall correct the arithmetic errors and shall promptly
notify the concerned Tenderer(s).If the Tenderer does not
accept the correction of arithmetic errors, its Tender shall
be rejected.

56. Financial Evaluation 56.1 TEC will evaluate each Tender that has been determined,
up to this stage of the evaluation, to be responsive to the
requirements set out in the Tender Document.
56.2 To evaluate a Tender, the TEC will consider the following:
(a) the Tender price, excluding Provisional Sums and
the provision, if any, for contingencies in the
priced BOQ, but including Daywork items ;
(b) adjustments for correction of arithmetical errors,
as stated under ITT Sub Clause 55.1;
(c) adjustments in order to take into consideration the
unconditional discounts as stated under ITT Sub
Clause 27.5 and 27.6, if any..
56.3 Variations, deviations, alternatives and other factors which
are in excess of the requirements of the Tender Document
or otherwise result in unsolicited benefits for the Procuring
Entity will not be taken into account in Tender evaluation.
56.4 The estimated effect of any price adjustment provisions
under GCC Clause 71, applied over the period of
execution of the Contract, will not be taken into account in
Tender evaluation.
56.5 If so indicated in the ITT Sub Clause 1.1 the Procuring
Entity may award one or multiple lots to one Tenderer
following the methodology specified in ITT Sub Clause
56.6.
56.6 To determine the lowest-evaluated lot/package the TEC
will take into account:
(a) the lowest-evaluated Tender for each lot;

PW3PW3839521884.docx 23
 (b) the resources sufficient to meet the qualifying
criteria for the individual lot or aggregate of the
qualifying criteria for the multiple lots;
(c) the price reduction on account of discount per
lot/package as offered by the Tenderer in its
Tender; and
(d) the Contract-award sequence that provides the
optimum economic combination on the basis of
least overall cost of the total Contract package
taking into account any limitations due to
constraints in Works or execution capacity
determined in accordance with the tender capacity
as stated in ITT Sub Clause 15.1 (d) and post-
qualification criteria as stated under ITT Clause 59.
56.7 TEC may recommend to increase the amount of the
Performance Security above the amounts as stated under
ITT Sub Clause 65.1 but not exceeding twenty-five (25)
percent of the Contract Price, if in the opinion of TEC, it is
found that the Tender is significantly below the updated
official estimated cost or unbalanced as a result of front
loading.
57. Price Comparison 57.1 TEC shall compare all responsive Tenders to determine
the lowest-evaluated Tender, as stated under ITT Clause
56.
57.2 In the extremely unlikely event that there is a tie for the
lowest evaluated price, the Tenderer with the superior past
performance as stated in ITT sub-clause 50.2 shall be
selected.
57.3 In the event that there is a tie for the lowest price and none
of the Tenderers has the record of past performance with
the Procuring Entity as stated under ITT Sub Clause 57.2,
then the Tenderer shall be selected, subject to firm
confirmation through the Post-qualification process, after
consideration as to whether the Tenderer has
demonstrated in its Tender superior past performance with
the other Procuring Entities or a more efficient work
programme and work methodology.
57.4 The successful Tenderer as stated under ITT Sub Clause
57.1, 57.2 and 57.3 shall not be selected through lottery
under any circumstances.
58. Negotiations 58.1 No negotiations shall be held during the Tender
evaluation or award, with the lowest or any other
Tenderer.
58.2 The Procuring Entity through the TEC may, however,
negotiate with the lowest evaluated Tenderer with the
objective to reduce the Contract Price by reducing the
scope of works or a reallocation of risks and
responsibilities, only when it is found that the lowest
evaluated Tender is significantly higher than the official
estimated cost; the reasons for such higher price being
duly investigated.
58.3 If the Procuring Entity decides to negotiate for reducing

PW3PW3839521884.docx 24
 the scope of the requirements under ITT Sub Clause
58.2, it will be required to guarantee that the lowest
Tenderer remains the lowest Tenderer even after the
scope of work has been revised and shall further be
ensured that the objective of the Procurement will not
be seriously affected through this reduction.
58.4 In the event that the Procuring Entity decides because
of a high Tender price to reduce the scope of the
requirements to meet the available budget, the
Tenderer is not obliged to accept the award and shall
not be penalised in any way for un-accepting the
proposed award.
59. Post-qualification 59.1 The determination on Post-qualification shall be based
upon an examination of the documentary evidence of the
Tenderer’s qualifications submitted by the Tenderer,
pursuant to ITT Clause 32, clarifications as stated under
ITT Clause 53 and the qualification criteria indicated in ITT
Clauses 12 to 17. Factors not included therein shall not be
used in the evaluation of the Tenderer’s qualification.
59.2 An affirmative determination shall be a prerequisite for
award of the Contract to the Tenderer. A negative
determination shall result in non-responsiveness of the
Tenderer’s Tender, in which event the Procuring Entity
shall proceed to the next lowest evaluated Tender to make
a similar determination of that Tenderer’s capabilities to
perform the Contract satisfactorily, if awarded.
59.3 TEC may verify information contained in the Tender by
visiting the premises of the Tenderer as a part of the post
qualification process, if practical and appropriate.
60. Procuring Entity’s 60.1 The Procuring Entity reserves the right to accept any
Right to Accept any or to Tender or to reject any or all the Tenders any time prior to
Reject Any or All Tenders contract award and , to annul the Procurement proceedings with
prior approval of the Head of the Procuring Entity, any time prior
to the deadline for submission of Tenders following specified
procedures, without thereby incurring any liability to Tenderers, or
any obligations to inform the Tenderers of the grounds for the
Procuring Entity’s action.
61. Rejection of All 61.1 The Procuring Entity may, in the circumstances as
Tenders stated under ITT Sub Clause61.2 reject all Tenders
following recommendations from the TEC only after the
approval of such recommendations by the Head of the
Procuring Entity.
61.2 All Tenders can be rejected, if -
(a) the price of the lowest evaluated Tender
exceeds the official estimated cost, provided the
estimate is realistic, subject to ITT Sub Clause
58.2 ; or
(b) there is evidence of lack of effective competition;
such as non-participation by a number of potential
Tenderers; or

PW3PW3839521884.docx 25
 (c) the Tenderers are unable to propose completion
of the contract within the stipulated time in its
Tender, though the stipulated time is reasonable
and realistic; or
(d) all Tenders are non-responsive; or
(e) evidence of professional misconduct, affecting
seriously the Procurement process, is established
pursuant to Rule 127 of the Public Procurement
Rules, 2008
61.3 Notwithstanding anything contained in ITT Sub-Clause
61.2 Tenders may not be rejected if the lowest
evaluated price is in conformity with the market price.
62. Informing Reasons for 62.1 Notice of the rejection will be given promptly within seven
Rejection (7) working days of decision taken by the Procuring Entity
to all 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
63. Award Criteria 63.1 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 59.
63.2 Tenderer will not be required, as a condition for award,
to undertake responsibilities not stipulated in the Tender
Documents, to change its price, or otherwise to modify
its Tender.
64. Notification of Award 64.1 Prior to the expiry of the Tender Validity period and
within 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.

64.2 The NOA, attaching the contract as per the sample

(Form PW3-8) 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 amount of the Performance Security and its
format;
(d) the date and time within which the Performance
Security shall be furnished; and
(e) the date and time within which the Contract shall
be signed.

PW3PW3839521884.docx 26
 64.3 The NOA shall be accepted by the successful Tenderer
within seven (7) working days from the date of its
issuance.
64.4 Until a formal contract is signed, the NOA will constitute
a Contract, which shall become binding upon the
furnishing of a Performance Security and the signing of
the Contract by both parties.
65. Performance Security 1.1 Performance Security shall be provided by the
successful Tenderer in BDT currency, of the amount
as specified in the TDS.
1.2 The Procuring Entity shall increase the amount of the
Performance Security on the recommendation of TEC
above the amounts as stated under ITT Sub Clause
56.7.
1.3 The proceeds of the Performance Security shall be
payable to the Procuring Entity unconditionally upon
first written demand as compensation for Contractor’s
failure to complete its obligations under the Contract.
1.4 In the event a Government owned enterprise as stated
under ITT Sub Clause 5.10 is the successful Tenderer,
Performance Security, as stated under ITT Sub Clause
65.1, shall not be required and, in lieu, there shall be
Retention Money as specified in the TDS.

66.Form and Time Limit 66.1 Performance Security, as stated under ITT Clause 65,
for Furnishing of may be in the form of a Bank Draft, Pay Order or an
Performance Security irrevocable unconditional Bank Guarantee in the format
(Form PW3-10), without any alteration, issued by any
scheduled Bank of Bangladesh acceptable to the
Procuring Entity.

66.2 Within fourteen (14) days from the date of acceptance

of the NOA but not later than the date specified therein,
the successful Tenderer shall furnish the Performance
Security for the due performance of the Contract in the
amount as stated under ITT Sub Clauses 65.1 or 65.2.

67.Validity of 67.1 Performance Security shall be required to be valid until

Performance Security a date twenty-eight (28) days beyond the Intended
Completion Date as specified in Tender Document.
68. Authenticity of 68.1 The Procuring Entity shall verify the authenticity of the
Performance Security Performance Security submitted by the successful
Tenderer by sending a written request to the branch of
the Bank issuing the Pay Order, Bank Draft or
irrevocable unconditional Bank Guarantee in specified
format.
69. Contract Signing 69.1 At the same time as the Procuring Entity issues the
NOA, the Procuring Entity will send the draft Contract
Agreement and all documents forming the Contract to

PW3PW3839521884.docx 27
 the successful Tenderer.
69.2 Within twenty–eight (28) days of the issuance of the NOA,
the successful Tenderer and the Procuring Entity shall
sign the contract. In the event the successful Tenderer is a
JV, all partners of that JV must sign.
69.3 Failure of the successful Tenderer to submit the
Performance Security, as stated under ITT Sub Clause 65.1,
or to sign the Contract, as stated under ITT Sub Clause69.2,
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.
70. Publication of 70.1The NOA for Contract shall be notified by the Procuring
Notification of Award of Entity to the Bangladesh Public Procurement Authority
Contract 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.
71. Debriefing of 71.1 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.
71.2 In the case of debriefing, confidentiality of the evaluation
process shall be maintained.
72. Adjudicator 72.1 The Procuring Entity proposes the person named in the
TDS to be appointed as Adjudicator under the Contract,
at an hourly fee and for those reimbursable expenses as
specified in the TDS.
73. Right to Complain 73.1 Tenderer has the right to complain in accordance with
the Public Procurement Act 2006 and the Public
Procurement Rules, 2008.
73.2

PW3PW3839521884.docx 28
 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 [state 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]

ITT3.1 The source of public funds is

[state source, GoB or other source of funds].

ITT3.3 The name of the Development Partner is

[state name of Development Partner]

ITT5.1 Tenderers from the following countries are not eligible

[state the name of countries]

ITT 5.13 Tenderers shall have the following up to date valid License

[state “none” if not applicable or state ABC/BC/C Category Electrical Supervisory License from
Bangladesh Electrical Licensing Board or Category 1.1/1.2/ 1.3/1.4/1.5 License of Gas Companies or
any other, as applicable]

ITT6.1 Materials, Equipment and associated services from the following countries are not eligible:

[state the name of countries]

PW3PW3 29
 B. Tender Document
ITT8.2 The following are authorised agents/offices of the Procuring Entity for the purpose of
issuing the Tender Document:
Agent’s/office Name:
Address:
Telephone No.:
Fax No.:
e-mail address:
[If not applicable, please specify “None”. If there is more than one (1) Agent/office, then list all
Agent’s/office names and contact details]

ITT9.1 For clarification of Tender Document purposes only, the Procuring Entity’s address is:
Attention:
Address:
Telephone:
Fax No.:
e-mail address:
and contact the Procuring Entity within [state date]
ITT10.1 A Pre-Tender meeting shall not be held
or
A Pre- Tender meeting shall be held at
Address:

Time & Date:

[delete not appropriate]

C. Qualification Criteria
ITT The minimum number of years of general experience of the Tenderer in the construction
14.1(a) works as Prime Contractor or Subcontractor or Management Contractor shall be [state
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 The minimum specific experience as a Prime Contractor or Subcontractor or
14.1(b) Management Contractor in construction works of at least [state number] contract(s) of
[state the nature, complexity and methods/construction technology ]successfully
completed within the last[state number] years, each with a value of at least Tk. [state
amount].

[the minimum number of contracts will depend upon the size and type of construction work, and the
Procuring Entity should make its own judgement based upon its experience in the sector and
construction industry. For example, for large works, 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]

PW3PW3 30
 [for Tenders where the package contains more than one (1) lot, this qualification requirements,
only when applicable, shall be mentioned separately for each lot in the package]

PW3PW3 31
ITT The required average annual construction turnover shall be greater than Tk [insert
15.1(a) amount] over the last [state number] years or best [state number] years in the last [state
number] years.
[ the required average annual construction turnover is recommended to be equal to the estimated
annual cash flow for the Contract; however the multiplier may vary from 1.0 to 1.5 the larger the Contract
size the lesser the multiplier should be. 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 Cr.
Contract period: 18 months
Estimated Annual Cash Flow: Tk 16 cr
Required average annual construction turnover: Tk 24 cr, using a multiplier of 1.5.
[for Tenders where the package contains more than one (1) lot, this qualification
requirements shall be mentioned separately for each lot in the package]
ITT The minimum amount of liquid assets i.e working capital or credit line(s) of the Tenderers
15.1(b) shall be Tk [state 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 Cr.
Contract period: 18 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 4 Cr., 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 mentioned separately for each lot in the package]

ITT The minimum capacity shall be:[70%-80% of the official estimated cost]
15.1(d).
The following formulae shall be used to calculate the Tender Capacity
Assessed Tender Capacity = (A*N*1.5-B)

Where
A=Maximum value of Works performed in any one year during last five years
N= Completion time of the proposed work in years
B= Value of Existing commitments and works to be completed during the next N
Years

For Tenders where the package contains more than one (1) Lot, this qualification

PW3PW3 32
 requirement shall be mentioned separately for each lot in the package
Note 1: In case the value of N is less than 12 (twelve) months the value of N shall be
considered as 01 (one)
Note 2: In case of JV tender capacity requirement for leading partner shall be minimum
40% and for other partners shall be minimum 25%.

PW3PW3 33
ITT 16.1 A Construction Project Manager, Engineer, and other key staff shall have the following
qualifications and experience:

Total Works Experience Experience in similar

No Position (Years) works (Years)

[qualification of an alternative Construction Project Manager may also be requested]

[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 17.1 Tenderers shall own or have proven access to hire or lease of the major construction
equipment, 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]

The value of non-judicial stamp for execution of the Joint Venture Agreement shall be Tk
ITT 18.1
300 only

ITT 18.2 Maximum number of partners in the JV shall be [insert number or insert “not limited”]

The minimum qualification requirements of Leading Partner, other Partner(s) and

requirements by summation of a JV shall be as follows :
TDS Clauses Requirements Requirements for Requirements for other
References by summation Leading Partner Partner(s)

ITT-14.1(a) Summation Same as stated in Same as for

not applicable TDS Leading Partner
ITT-14.1(b) 100%
(summation At least one Contract Minimum requirement not
of different applicable
contracts)
ITT-15.1(a) 100% 40% 25%
ITT-15.1(b) 100% 40% 25%
ITT-16.1(a) Minimum requirement Minimum requirement not
100%
not applicable applicable
ITT-17.1 Minimum requirement Minimum requirement not
100%
not applicable applicable
[it is suggested that the Procuring Entity adheres to the above proportion of minimum
qualifying requirements to meet the specific procurement needs. Percent share of
business of the JV partners shall not be taken into account in determining the
qualification of a JV]

PW3PW3 34
ITT 19.4 The Nominated Subcontractor(s) named [ insert name(s)] shall execute the following
specific components of the proposed Works:
[state the components of the proposed works ; if not applicable state ‘none’]

D. Tender Preparation
ITT 24.1 (m) Tenderers shall submit with its Tender the following additional documents: [state list
of documents, if any]

[in case of purchase of capital equipment by the Contractor as part of the overall Contract,
a Performance Statement of the capital equipment in Bangladesh may be necessary and
may be requested. if no other documents are required then specify “none”]
ITT 26.1 Alternatives will not be permitted.
OR
Alternatives will be permitted.

[delete not appropriate]

ITT 26.2 Alternative technical solutions for any parts of works will not be permitted.
Or
Alternative technical solutions for following parts of works will be permitted. [identify
such parts]
[delete not appropriate]

ITT 27.9 The prices quoted by the Tenderers shall be fixed for the duration of the Contract.
OR
The prices quoted by the Tenderers shall be adjustable.
[delete not appropriate]
[Price adjustment clauses are usually permitted for Contracts, execution of which will take more than
eighteen (18) months from Start Date to Completion Date. The Procuring Entity must consider each
Contract on its individual merit; approval of HOPE required for Contracts of less than eighteen (18)
months .If prices shall be adjustable, the base value of the Indexes including sources and, its corresponding
weightings or coefficients for adjustment should be specified in the Appendix to Tender: Table 1.1 and 1.2 and in
the Contract]

ITT 31.1 The required Technical Proposal shall include the following additional information:
[state any other information that may be required]

ITT 32.1(e) The required information regarding claims under litigation shall be current or during
the last [insert number] years.

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

ITT 32.1 (i) 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 33.1 The Tender Validity period shall be [state days] days.
[normally 60 to 120 days; shorter or longer period may be authorized by HOPE or Authorized officer
to suit the requirements of particular Procurement activity].

ITT 35.1 The amount of the Tender Security shall be Tk. [ state amount ]

PW3PW3 35
 in favour of [state 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 one 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]

PW3PW3 36
 In addition to the original of the Tender, [state number]copy/copies shall be submitted.

ITT 40.1
[usually only one copy is needed, may be asked for more only if they are essential]

E. Tender Submission
ITT The inner and outer envelopes shall bear the following additional identification marks :
41.2(e) [state the name and/or number that must appear on the Tender envelope to identify
this specific Tendering process]
ITT 42.1 For Tender submission purposes only, 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 42.3 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 42.4 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 48.1 The Tender opening shall take place at (state always the Primary Place):
Address: [state detail address including floor and room number]

PW3PW3 37
 Time & Date:

G. Contract Award
ITT 65.1 The amount of Performance Security shall be [state percentage] percent of the Contract
Price.

[usually ten(10) percent of the Contract Price but should not be less than 5%. if Performance Security
is kept less than ten(10) percent then the proportion of Retention Money shall be equal to the
percentage-shortfall of ten (10) percent of Performance Security; Maximum twenty-five (25) percent of
the total Contract Price in case the Tender price is significantly below the updated official estimated cost
or unbalanced as a result of front loading only on recommendations of TEC ]

ITT 65.4 The Retention Money shall be deducted @ ten (10) percent from the successful
Tenderer’s payable invoices during Contract implementation, if awarded the
Contract.

ITT 72.1 The Adjudicator proposed by the Procuring Entity is [insert name and address]. The hourly
fee shall be Tk [state amount] and the reimbursable expenses shall be limited to [state
nature of reimbursable expenses, and limitations in value, if any]
The biographical data of the Adjudicator is:

[provide relevant information, such as education, experience, age, nationality, and present position;
attach additional pages as necessary]

PW3PW3 38
 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) Adjudicator is the expert appointed jointly by the Procuring
Entity and the Contractor to resolve disputes in the first
instance, as provided for in GCC Sub Clause 92.2.
(c) Approving Authority meansthe authority which, in
accordance with the Delegation of Financial Powers, approves
the award of contract.
(d) Bill of Quantities (BOQ) means the priced and completed Bill
of Quantities forming part of the Contract defined in GCC
Clause 59.
(e) Compensation Events are those defined in GCC Clause 67.
(f) Competent Authority means the authority that gives decision
on specific issues as per delegation of administrative and/or
financial powers.
(g) Completion Certificate means the Certificate issued by the
Project Manager as evidence that the Contractor has
executed the Works and physical services in all respects as
per design, drawing, specifications and Conditions of Contract.
(h) Completion Date is the actual date of completion of the
Works and physical services certified by the Project Manager,
in accordance with GCC Clause 78.
(i) 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
reference therein to execute, complete, and maintain the
Works.
(j) Contract Documents means the documents listed in GCC
Clause 6, including any amendments thereto.
(k) 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.
(l) 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.
(m) Contractor’s Tender is the completed Tender Document
including the priced BOQ and the Schedules submitted by the

PW3PW3 39
 Contractor to the Procuring Entity.
(n) Cost means all expenditures reasonably incurred or to be
incurred by the Contractor, whether on or off the Site,
including overhead, taxes, duties, fees and such other similar
levies including corresponding incidental charges and
premiums for banking and insurances, as applicable.
(o) Day means calendar day unless otherwise specified as
working days.
(p) Dayworks means work carried out following the instructions of
the Procuring Entity or the authorised Project Manager and is
paid for on the basis of time spent by the Contractor’s workers
and equipment at the rates specified in the Schedules, in
addition to payments for associated Materials and Plant.
(q) Defect is any part of the Works not completed in accordance
with the Contract.
(r) Defects Correction Certificate is the certificate issued by the
Project Manager upon correction of defects by the Contractor.
(s) 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.
(t) 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.
(u) Force Majeure means an event or situation beyond the
control of the Contractor that is not foreseeable, is
unavoidable, and its origins not due to negligence or lack of
care on the part of the Contractor; such events may include,
but not be limited to, acts of the Government in its sovereign
capacity, wars or revolutions, fires, floods, epidemics,
quarantine restrictions, and freight embargoes or more as
included in GCC Clause 83;
(v) GCC means the General Conditions of Contract.
(w) Government means the Government of the People’s Republic
of Bangladesh.
(x) Goods mean the Contractor’s Equipment, Materials, Plant and
Temporary Works, or any of them as appropriate.
(y) "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;
(z) Intended Completion Date is the date calculated from the
Commencement Date as specified in the PCC, on which it is
intended that the Contractor shall complete the Works and
physical services as specified in the Contract and may be

PW3PW3 40
 revised only by the Project Manager by issuing an extension
of time or an acceleration order.
(aa) 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.
(bb) Month means calendar month.
(cc) Original Contract Price is the Contract Price stated in the
Procuring Entity’s Notification of Award (Form PW3-7) and
further clearly determined in the PCC.
(dd) Permanent works means the permanent works to be
executed by the Contractor under the Contract.
(ee) PCC means the Particular Conditions of Contract.
(ff) 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.
(gg) 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.
(hh) 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.
(ii) Provisional Sums means amounts of money specified by the
Procuring Entity in the BOQ which shall be used, at its
discretion for meeting other essential expenditures under the
Contract pursuant to GCC Sub Clause 75.
(jj) Retention Money means the accumulated retention moneys
which the Procuring Entity retains under GCC Clause 70.
(kk) Schedules means the document(s) entitled schedules,
completed by the Contractor and submitted with the Tender
Submission Letter, as included in the Contract. Such
document may include the data, lists and schedules of rates
and/or prices.
(ll) 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.
(mm) Site Investigation Reports are those that were included in
the Tender Document and are factual and interpretative
reports about the surface and subsurface conditions at the
Site.
(nn) 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.
(oo) Start Date is the date defined in the PCC and it is the last

PW3PW3 41
 date when the Contractor shall commence execution of the
Works under the Contract.
(pp) Subcontractor means a person or corporate body, who has a
contract with the Contractor to carry out a part of the work in
the Contract, which includes work on the Site.
(qq) 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.
(rr) 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 (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.
(ss) 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.
(tt) Writing means communication written by hand or machine
duly signed and includes properly authenticated messages by
facsimile or electronic mail.
2. Interpretation 2.1 In interpreting the GCC, singular also means plural, male also
means female or neuter, and the other way around. Headings in
the GCC shall not be deemed part thereof or be taken into
consideration in the interpretation or construction of the Contract.
Words have their normal meaning under the language of the
Contract unless specifically defined.
2.2 Entire Agreement
The Contract constitutes the entire agreement between the
Procuring Entity and the Contractor and supersedes all
communications, negotiations and agreements (whether written or
verbal) of parties with respect thereto made prior to the date of
Contract Agreement; except those stated under GCC Sub Clause
6.1(j).
2.3 Non waiver
(a) Subject to GCC Sub Clause 2.3(b), no relaxation,
forbearance, delay, or indulgence by either party in enforcing
any of the terms and conditions of the Contract or the granting
of time by either party to the other shall prejudice, affect, or
restrict the rights of that party under the Contract, neither shall
any waiver by either party of any breach of Contract operate
as waiver of any subsequent or continuing breach of Contract.
(b) Any waiver of a party’s rights, powers, or remedies under the
Contract must be in writing, dated, and signed by an
authorized representative of the party granting such waiver,

PW3PW3 42
 and must specify the right and the extent to which it is being
waived.
2.4 Severability
If any provision or condition of the Contract is prohibited or
rendered invalid or unenforceable, such prohibition, invalidity or
unenforceability shall not affect the validity or enforceability of any
other provisions and conditions of the Contract.
2.5 Sectional completion
If sectional completion is specified in the PCC, references in the
GCC to the Works, the Completion Date, and the Intended
Completion Date apply to any section of the Works (other than
references to the Completion Date and Intended Completion Date
for the whole of the Works).

3. Communications 3.1 Communications between Parties (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.
3.2 A notice shall be effective when delivered or on the notice’s
effective date, whichever is later.
3.3 A Party may change its address for notice hereunder by giving the
other Party notice of such change to the address.
4.1 The Contract shall be governed by and interpreted in accordance
with the laws of the People’s Republic of Bangladesh.

5. Governing 5.1 The Contract shall be written in English. All correspondences and
Language documents relating to the Contract may be written in English or
Bangla. Supporting documents and printed literature that are part of
the Contract may be in another language, provided they are
accompanied by an accurate translation of the relevant passages in
English, in which case, for purposes of interpretation of the
Contract, such translation shall govern.
5.2 The Contractor shall bear all costs of translation to the governing
language and all risks of the accuracy of such translation.

6. Documents 6.1 The following documents forming the Contract shall be interpreted
Forming the in the following order of priority:
Contract and (a) the signed Contract Agreement (Form PW3-9);
Priority of
(b) the Notification of Award (PW3-8);
Documents
(c) the completed Tender and the Appendix to the Tender;
(d) the Particular Conditions of Contract;
(e) the General Conditions of Contract;
(f) the Technical Specifications;
(g) the General Specifications;
(h) the Drawings;
(i) the priced BOQ and the Schedules; and
(j) any other document listed in the PCC forming part of the

PW3PW3 43
 Contract.

7. Scope of Works 7.1 The Works to be executed, completed and maintained shall be as
specified in the BOQ, the General and Particular Specifications and
Drawings.
7.2 Unless otherwise stipulated in the Contract, the Works shall include all
such items not specifically mentioned in the Contract but that can be
reasonably inferred from the Contract as being required for completion
of the Works as if such items were expressly mentioned in the
Contract.

8. Assignment 8.1 Neither the Contractor nor the Procuring Entity shall assign, in
whole or in part, its obligations under the Contract.

9. Eligibility 9.1 The Contractor and its Subcontractor(s) shall have the nationality of
a country other than that specified in the PCC.
9.2 All materials, equipment, plant, and supplies used by the Contractor
in both permanent and temporary works and services supplied
under the Contract shall have their origin in the countries except
any specified in the PCC.

10. Gratuities / 10.1 No fees, gratuities, rebates, gifts, commissions or other payments,
Agency fees 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.

11. Confidential 11.1 The Contractor’s and the Procuring Entity’s personnel shall disclose
Details all such confidential and other information as may be reasonably
required in order to verify the Contractor’s compliance with the
Contract and allow its proper implementation.
11.2 Each of them shall treat the details of the Contract as private and
confidential, except to the extent necessary to carry out their
respective obligations under the Contract or to comply with
applicable Laws. Each of them shall not publish or disclose any
particulars of the Works prepared by the other Party without the
previous agreement of the other Party. However, the Contractor
shall be permitted to disclose any publicly available information, or
information otherwise required to establish his qualifications to
compete for other projects.

12. Joint Venture 12.1 If the Contractor is a JV ,

(JV) (a) each partner of the JV shall be jointly and severally liable for
all liabilities and ethical or legal obligations to the Procuring
Entity for performance of the Contract;
(b) the JV partners shall nominate the Leading Partner as
REPRESENTATIVE being entrusted with the Contract
administration and management at Site who shall have the
authority to conduct all business including the receipt of
payments for and on behalf of all partners of the JV;
(c) If there is a dispute that results in legal action being taken in
court then action will be taken against all partners of the JV, if
they are available and, if only one partner is available, then
that partner alone shall answer on behalf of all partners and, if
the complaint lodged is proven, the penalty shall be applicable

PW3PW3 44
 on that partner alone as whatever penalty all the partners
would have received; provided that if the other partners of the
JV subsequently become available before the legal action has
been completed, the Procuring Entity shall have the right to
take action against those other partners of that JV as well.
(d) the composition or constitution and legal status of the JV shall
not be altered without the prior approval of the Procuring
Entity;
(e) alteration of partners, except the Leading partner, shall only
be allowed if any of them is found to be incompetent or has
any serious difficulties which may impact the overall
implementation of the Works, whereby the incoming partner
shall require to posses qualifications higher than that of the
outgoing partner;
(f) "if any of the partners of JV has been debarred from
participating in any procurement activity due to corrupt,
fraudulent, collusive or coercive practices and while in case,
the Leading partner is found incompetent or has been
debarred due to the same reasons stated herein the Contract
shall be terminated pursuant to GCC Sub Clause 87.1(b)."
13. Possession of 13.1 The Procuring Entity shall give possession of the Site or part(s) of
the Site the Site, to the Contractor on the date(s) stated in the PCC. If
possession of a part of the Site is not given by the date stated in the
PCC, the 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 67.1(a).

14. Access to the 14.1 The Contractor shall allow the Project Manager and any person
Site authorised by the Project Manager access to the Site and to any
place where work in connection with the Contract is being carried
out or is intended to be carried out.

15. Procuring 15.1 The Procuring Entity shall pay the Contractor, in consideration of
Entity’s the satisfactory progress of execution and completion of the Works
Responsibilities and physical services, and the remedying of defects therein, the
Contract Price or such other sum as may become payable under
the provisions of the Contract at the times and in the manner
prescribed by the Contract Agreement.
15.2 The Procuring Entity shall make its best effort to guide and assist
the Contractor in obtaining, if required, any permit, licence, and
approvals from local public authorities for the purpose of execution
of the Works and physical services under the Contract.
16. Approval of the 16.1 The Contractor shall submit Specifications and Drawings showing
Contractor’s the proposed Temporary Works to the Project Manager, who is to
Temporary approve them, if they comply with the Specifications and
Works Drawings.
16.2 The Contractor shall be responsible for design of Temporary
Works.
16.3 The Project Manager’s approval shall not alter the Contractor’s
responsibility for design of the Temporary Works.
16.4 The Contractor shall obtain approval of third parties to the design

PW3PW3 45
 of the Temporary Works, where required.
17. Contractor’s 17.1 The Contractor shall execute and complete the Works and remedy
Responsibilities any defects therein in conformity in all respects with the provisions
of the Contract Agreement.
18. Taxes and Duties 18.1 The Contractor shall be entirely responsible for all applicable
taxes, custom duties, VAT, and other levies imposed or incurred
inside and outside Bangladesh.
19. Contractor’s 19.1 The Contractor shall employ the key personnel named in the
Personnel Schedule of Key Personnel, as referred to in the PCC, to carry out
the functions stated in the Schedule or other personnel approved
by the Project Manager.
19.2 The Project Manager will approve any proposed replacement of
key personnel only if their relevant qualifications and abilities are
equal to or higher than those of the personnel named in the
Schedule.
19.3 If the 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.
20. Subcontracting 20.1 Subcontracting the whole of the Works by the Contractor shall not
be permissible. The Contractor shall be responsible for the acts or
defaults of any Subcontractor, his or her agents or employees, as
if they were the acts or defaults of the Contractor.
20.2 The prior consent, in writing, of the Project Manager shall however
be obtained for other proposed Subcontractor(s).
20.3 Nominated Subcontractor named in the Contract shall be entitled
to execute the specific components of the Works stated in the
PCC.
20.4 Subcontractors shall comply with the provisions of GCC Clause 38.
21. Other 21.1 The Contractor shall cooperate and share the Site with other
Contractors Contractors, public authorities, utilities, the Project Manager and
the Procuring Entity between the dates given in the Schedule of
other Contractors. The Contractor shall also provide facilities and
services for them as described in the Schedule. The Procuring
Entity may modify the Schedule of other Contractors, and shall
notify the Contractor of any such modification.

22. Project 22.1 Except where otherwise specifically stated in the PCC, the Project
Manager’s Manager will decide Contractual matters between the Procuring
Decisions Entity and the Contractor in its role as representative of the
Procuring Entity.

23. Delegation 23.1 The Project Manager may delegate any of his duties and
responsibilities to his representative except to the Adjudicator,
after notifying the Contractor, and may cancel any delegation,
without retroactivity, after notifying the Contractor.
23.2 Any communications to the Contractor in accordance with such
delegation shall have the same effect as if it was given by the
Project Manager.

PW3PW3 46
24. Instructions 24.1 The Contractor shall carry out all instructions of the Project
Manager that comply with the applicable law.

25. Queries About 25.1 The Project Manager, on behalf of the Procuring Entity, will clarify
the Contract queries on the Conditions of Contract.
Conditions

26. Safety, Security 26.1 The Contractor shall throughout the execution and completion of
and Protection of the Works and the remedying of any defects therein:
the Environment (a) take all reasonable steps to safeguard the health and safety of
all workers working on the Site and other persons entitled to
be on it, and to keep the Site in an orderly state;
(b) provide and maintain at the Contractor’s own cost all lights,
guards, fencing, warning signs and watching for the
protection of the Works or for the safety on-site; and
(c) take all reasonable steps to protect the environment on and off
the Site and to avoid damage or nuisance to persons or to
property of the public or others resulting from pollution, noise
or other causes arising as a consequence of the Contractors
methods of operation.

27. Working Hours 27.1 The Contractor shall not perform any work on the Site on the
weekly holidays, or during the night or outside the normal working
hours, or on any religious or public holiday, without the prior
written approval of the Project Manager.
28. Welfare of 28.1 The Contractor shall comply with all the relevant labour Laws
Labourers applicable to the Contractor’s personnel relating to their
employment, health, safety, welfare, immigration and shall allow
them all their legal rights.
28.2 The Contractor, in particular, shall provide proper accommodation
to his or her labourers and arrange proper water supply,
conservancy and sanitation arrangements at the site for all
necessary hygienic requirements and for the prevention of
epidemics in accordance with relevant regulations, rules and
orders of the government.
28.3 The Contractor, further in particular, shall pay reasonable wages
to his or her labourers, and pay them in time. In the event of
delay in payment the Procuring Entity may effect payments to the
labourers and recover the cost from the Contractor.
29. Child Labour 29.1 The Contractor shall not employ any child to perform any work
that is economically exploitative, or is likely to be hazardous to, or
to interfere with, the child's education, or to be harmful to the
child's health or physical, mental, spiritual, moral, or social
development in compliance with the applicable labor laws and
other relevant treaties ratified by the government.
30. Discoveries 30.1 Anything of historical or other interest or of significant value
unexpectedly discovered on the Site shall be the property of the
Procuring Entity. The Contractor shall notify the Project Manager
of such discoveries and carry out the Project Manager’s
instructions for dealing with them.

PW3PW3 47
31. Procuring 31.1 The Procuring Entity carries the risks that the Contract states are
Entity’s and Procuring Entity’s risks and the Contractor carries the risks that
Contractor’s the Contract states are Contractor’s risks.
Risks

32. Procuring 32.1 From the Start Date until the Defects Correction Certificate has
Entity’s Risks been issued, the following are Procuring Entity’s risks:
(a) the risk of personal injury, death, or loss of or damage to
property (excluding the Works, Plant, Materials, and
Equipment), which are due to
i. use or occupation of the Site by the Works or for the
purpose of the Works, which is the unavoidable result
of the Works or
ii. negligence, breach of statutory duty, or interference
with any legal right by the Procuring Entity or by any
person employed by or Contracted to him except the
Contractor.
(b) the risk of damage to the Works, Plant, Materials, and
Equipment to the extent that it is due to a fault of the
Procuring Entity or in the Procuring Entity’s design, or due
to war or radioactive contamination directly affecting the
country where the Works are to be executed.
32.2 From the Completion Date until the Defects Correction
Certificate has been issued, the risk of loss of or damage to the
Works, Plant, and Materials is Procuring Entity’s risk, except loss
or damage due to:
(a) a Defect which existed on the Completion Date;
(b) an event occurring before the Completion Date, which was
not itself Procuring Entity’s risk; or
(c) the activities of the Contractor on the Site after the
Completion Date.
33. Contractor’s 33.1 From the Start Date until the Defects Correction Certificate has
Risks been issued the risks of personal injury, death, and loss of or
damage to property including without limitation, the Works,
Plant, Materials, and Equipment, which are not Procuring
Entity’s risks are Contractor’s risks.
34. Copyright 34.1 The copyright in all drawings, documents, and other materials
containing data and information furnished to the Procuring Entity
by the Contractor herein shall remain vested in the Contractor,
or, if they are furnished to the Procuring Entity directly or through
the Contractor by any third party, including Suppliers of
materials, the copyright in such materials shall remain vested in
such third party.
34.2 The Contractor shall not, except for the purposes of performing
the obligations under the Contract, without the written permission
of the Procuring Entity disclose or make use of any specification,
plan, design and drawing, pattern, sample or information
furnished by or on behalf of the Procuring Entity.

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35. Limitation of 35.1 Except in cases of criminal negligence or wilful misconduct:
Liability (a) the Contractor shall not be liable to the Procuring Entity,
whether in Contract, tort, or otherwise, for any indirect or
consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs, provided that
this exclusion shall not apply to any obligation of the
Contractor to pay liquidated damages to the Procuring
Entity; and
(b) the aggregate liability of the Contractor to the Procuring
Entity, whether under the Contract, in tort or otherwise,
shall not exceed the total Contract Price, provided that this
limitation shall not apply to the cost of repairing or
replacing defective Works, or to any obligation of the
Contractor to indemnify the Procuring Entity with respect
to patent infringement.
36. Insurance 36.1 The Contractor shall provide, in the joint names of the Procuring
Entity and the Contractor, insurance cover from the Start Date to
the end of the Defects Liability Period, in the amounts specified in
the PCC for the following events which are due to the
Contractor’s risks:
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant,
Materials, and Equipment) in connection with the
Contract; and
(d) personal injury or death.
36.2 The Contractor shall deliver policies and certificates of insurance
to the Project Manager, for the Project Manager’s approval,
before the Start Date. All such insurances shall provide for
compensation to be payable in the types and proportions
required to rectify the loss or damage incurred.
36.3 If the Contractor does not provide any of the policies and
certificates required, the Procuring Entity may effect the
insurance which the Contractor should have provided and
recover the premiums the Procuring Entity has paid from
payments otherwise due to the Contractor or, if no payment is
due, the payment of the premiums shall be a debt due.
36.4 Alterations to the terms of insurance shall not be made without
the approval of the Project Manager.
36.5 Both parties shall comply with conditions of the insurance
policies.
37. Management and 37.1 Either the Project Manager or the Contractor may require the
Progress other to attend a management and progress meeting. The
Meetings business of such meeting shall be to review the progress and
plans for remaining work and to deal with matters raised in
accordance with the early warning procedure.

37.2 The Project Manager shall record the business of the meetings

PW3PW3 49
 and provide copies of the record to those attending the meeting
and to the Procuring Entity. The responsibility of the parties for
actions to be taken shall be decided by the Project Manager
either at the management and progress meeting or after the
meeting, and stated in writing to all concerned.
38. Corrupt,
Fraudulent, 38.1 The Government and the Development Partner requires that the
Collusive, Procuring Entity as well as the Contractor (including sub-
Coercive( and contractors, agents, personnel, consultants and service
Obstructive in providers), shall observe the highest standard of ethics during
case of the implementation of procurement proceedings and the
Development execution of contracts under public funds.
Partner)
Practices 38.2 The Contractor (including sub-contractors, agents, personnel,
consultants and service providers) shall permit the Government
and/or the Development Partner to inspect the Contractor’s
accounts and records and other documents relating to the
submission of Tender and contract performance, and to have
them audited by auditors appointed by the Government and/or
the Development Partner, if so required.

38.3 For the purposes of GCC Sub Clause 38.4, the terms set forth
below as follows:
(a) “corrupt practice” means offering, giving or promising to
give, receiving, or soliciting either directly or indirectly, to
any officer or employee of a Procuring Entity or other public
or private authority or individual, a gratuity in any form;
employment or any other thing or service of value as an
inducement with respect to an act or decision or method
followed by a Procuring Entity in connection with a
Procurement proceeding or Contract execution;
(b) “fraudulent practice” means the misrepresentation or omission
of facts in order to influence a decision to be taken in a
Procurement proceeding or Contract execution;

PW3PW3 50
 (c) “collusive practice” means a scheme or arrangement between
two (2) or more Persons, with or without the knowledge of the
Procuring Entity, that is designed to arbitrarily reduce the
number of Tenders submitted or fix Tender prices at artificial,
non-competitive levels, thereby denying a Procuring Entity
the benefits of competitive price arising from genuine and
open competition;
(d) “coercive practice” means harming or threatening to harm,
directly or indirectly, Persons or their property to influence a
decision to be taken in the Procurement proceeding or the
execution of the Contract, and this will include creating
obstructions in the normal submission process used for
Tenders; or
(e) “Obstructive practice” (applicable in case of Development
Partner) means deliberately destroying, falsifying, altering
or concealing of evidence material to the investigation or
making false statements to investigators in order to
materially impede an investigation into allegations of a
corrupt, fraudulent, coercive or collusive practice; and /or
threatening, harassing or intimidating any party to prevent it
from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation.
38.4 Should any corrupt, fraudulent, collusive, coercive practice ( or
obstructive practice in case of Development Partner ) of any
kind, in competing for or in executing the Contract, is determined
by the Procuring Entity, then the Procuring Entity may, upon
giving 28 days’ notice to the Contractor, terminate the
Contractor’s employment under the Contract and the provisions
of Clause 87 shall apply as if such expulsion had been made
under sub-clause 87.1 (Termination for Default).
38.5 If corrupt, fraudulent, collusive or coercive (or obstructive in case
of Development Partners) practices of any kind determined by
the Procuring Entity or the Development Partner against the
Contractor alleged to have carried out such practices, the
Procuring Entity and/or the Development Partner shall:
(a) exclude the Contractor from further participation in the
particular Procurement proceeding; or
(b) declare, at its discretion, the Contractor to be ineligible to
participate in further Procurement proceedings, either
indefinitely or for a specific period of time; or
(c) PE can debar the Contractor for a period of 1 (one) to 2
(two) years for the procurement of all procuring entities due
to fundamental breach of contract.
38.6 The Contractor shall be aware of the provisions on corruption,
fraudulence, collusion and coercion in Section 64 of the Public
Procurement Act, 2006 and Rule 127 of the Public Procurement
Rules, 2008 and in case of Development Partner financed
contract, the Procurement Guidelines of the Development
Partner.

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 B. Time Control
39. Commencement of 39.1 Except otherwise specified in the PCC , the Commencement
Works Date shall be the date at which the following precedent
conditions have all been fulfilled and the Project Manager’s
instruction recording the agreement of both Parties on such
fulfilment and instructing to commence the Works is received by
the Contractor:
(a) signing of the Contract Agreement by both parties upon
approval of the by relevant authorities;
(b) possession of the Site given to the Contractor as required for
the commencement of the Works; and
(c) receipt by the Contractor of the Advance Payment under
GCC Clause 73 provided that the corresponding Bank
Guarantee has been delivered by the Contractor, if any.
39.2 The Contractor shall commence the execution of the Works as
soon as is reasonably practicable by the Start Date as specified
in the GCC Sub Clause 1.1(oo) after the Commencement Date,
and shall then proceed with the Works with due expedition and
without delay.
40. Completion of 40.1 The Contractor shall carry out the Works in accordance with the
Works Programme of Works submitted by the Contractor and as
updated with the approval of the Project Manager as stated
under GCC Clause 41 to complete them in all respects by the
Intended Completion Date, as specified in the PCC.

41. Programme of 41.1 Within the time stated in the PCC, the Contractor shall submit to
Works the Project Manager for approval a Programme of Works
showing the general methods, arrangements, order, and timing
for all the activities in the Works. The programme may be in the
form of an Implementation Schedule prepared in any software or
other form acceptable to the Project Manager.
41.2 The Contractor shall submit to the Project Manager for approval
of an updated Programme at intervals no longer than the period
stated in the PCC. An update of the Programme shall be a
Programme showing the actual progress achieved on each
activity and the effect of the progress achieved on the timing of
the remaining work, including any changes to the sequence of
the activities.
41.3 If the Contractor does not submit an updated Programme of
Works at the intervals as stated under GCC Sub Clause 41.2,
the Project Manager may withhold an amount as stated in the
PCC from the next payment certificate and continue to withhold
this amount until the next due payment after the date on which
the overdue Programme of Works has been submitted.
41.4 The Project Manager’s approval of the Programme of Works
shall not alter the Contractor’s obligations. The Contractor may
revise the Programme and submit it to the Project Manager again
at any time for approval. A revised Programme shall show the
effect of Variations and Compensation Events.
42. Pro Rata 42.1 The Contractor shall maintain Pro Rata progress of the Works.

PW3PW3 52
 Progress Progress to be achieved shall be pursuant to GCC Clause 41
and shall be determined in terms of the value of the works done.
43. Early Warning 43.1 If at any time during performance of the Contract, the Contractor
or its Subcontractors should encounter events, circumstances,
conditions that may adversely affect the quality of the work,
increase the original Contract Price or delay the execution of the
Works, the Contractor shall promptly notify the Project Manager
in writing of the delay, its likely duration, and its cause. As soon
as practicable after receipt of the Contractor’s notice, the Project
Manager shall evaluate the situation, and the Contractor shall
cooperate with the Project Manager in making and considering
proposals for how the effect of such an event or circumstance
can be avoided or reduced.
43.2 The Project Manager may require the Contractor to provide an
estimate of the expected effect of the future event or
circumstance on the original Contract Price and Completion
Date. The Contractor shall provide the estimate and the Project
Manager shall further proceed as soon as reasonably possible.
44. Extension of 44.1 The Contractor shall be entitled to an extension of the Intended
Intended Completion Date, if and to the extent that completion of the
Completion Date Works or any part thereof is or will be delayed by
Compensation Events or a Variation or Extra Work Order.
44.2 If the Contractor considers itself to be entitled to an extension of
the execution period as stated under GCC Sub Clause 44.1, 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.
44.3 The Project Manager shall decide whether and by how much to
extend the Intended Completion Date within twenty-one (21) days
of the Contractor asking the Project Manager for a decision upon
the effect of a Compensation Event or Variation and submitting full
supporting information. If the Contractor has failed to give early
warning of a delay or has failed to cooperate in dealing with a
delay, the delay by this failure shall not be considered in
assessing the extension of Intended Completion Date.
44.4 The Project Manager may extend the Intended Completion Date
by twenty (20) percent of the original Contract time as stated
under GCC Sub Clause 44.1, if a Compensation Event occurs or
Variation Order or extra work Order issued.which does not make it
possible to complete the execution of works without incurring
additional cost.
44.5 In the case an extension of the Intended Completion Date
required under GCC Sub Clause 44.3 is or will be more than
twenty (20) percent of the original Contract time, approval of the
Head of the Procuring Entity or an officer authorized by him or
her for the same shall be required to be obtained.
44.6 Except in case of Force Majeure, as provided under GCC Clause
83, a delay by the Contractor in the execution Works shall render
the Contractor liable to the imposition of Liquidated Damages
pursuant to GCC Clause 71, unless an extension of the Intended

PW3PW3 53
 Completion Date is agreed upon, pursuant to GCC Clause 44.3.

45. Delays Caused 45.1 If the following conditions apply, namely:

by Authorities (a) the Contractor has diligently followed the procedures laid
down by the relevant legally constituted public authorities,
(b) these public authorities delay or disrupt the Contractor’s
work, and
(c) the delay or disruption was unforeseeable;
then this delay or disruption will be considered as a cause of
delay under GCC Sub Clause 44.1.
45.2 The Project Manager shall notify the Contractor accordingly
keeping the Procuring Entity posted.

46. Acceleration 46.1 When the Procuring Entity wants the Contractor to finish the
Works before the Intended Completion Date, the Project
Manager will obtain priced proposals for achieving the necessary
acceleration from the Contractor. If the Procuring Entity accepts
these proposals, the Intended Completion Date will be advanced
accordingly and confirmed by both the Procuring Entity and the
Contractor.
46.2 If the Procuring Entity accepts the Contractor’s priced proposals
for acceleration, they will be incorporated in the Contract Price
and treated as a Variation under GCC Clause 61.

47. Delays Ordered 47.1 The Project Manager may instruct the Contractor to delay the
by the Project start or progress of any activity within the Works.
Manager
48. Suspension of 48.1 The Project Manager may at any time instruct the Contractor to
Work suspend progress of part or all of the Works. During such
suspension, the Contractor shall protect, store and secure such
part or the Works against any deterioration, loss or damage.

49. Consequences of 49.1 If the Contractor suffers delay and/or incurs Cost from complying
Suspension with the Project Manager’s instructions under GCC Clause 48
and/or from resuming the work, the Contractor shall give notice
to the Project Manager and shall be entitled subject to GCC
Clause 91 to:
(a) an extension of time for any such delay, if Completion is or
will be delayed and
(b) payment of any such cost, which shall be included in the
Contract Price.
49.2 After receiving this notice, the Project Manager shall proceed to
agree or determine these matters.
49.3 The Contractor shall not be entitled to any extension of time for,
or to any payment of the cost incurred in, making good the
consequences of the Contractor’s faulty design, workmanship or
materials, or of the Contractor’s failure to protect, store or secure
in accordance with GCC Clause 48.

PW3PW3 54
 C. Quality Control
50. Execution of 50.1 The Contractor shall construct, install and carry out the Works
Works and physical services in accordance with the Specifications and
Drawings as scheduled in GCC Clause6.
51. Examination of 51.1 All works under the Contract shall at all times be open to
Works before examination, inspection, measurements, testing and supervision
covering up of the Project Manager, and the Contractor shall ensure presence
of its representatives at such actions provided proper advance
notice is given by the Project Manager.
51.2 No part of the Works shall be covered up or put out of sight
without the approval of the Project Manager. The Contractor shall
give notice in writing to the Project Manager whenever any such
part of the Works is ready for examination and, the Project
Manager shall attend to such examination without unreasonable
delay.

52. Identifying 52.1 The Project Manager shall check the works executed by the
Defects 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.

53. Testing 53.1 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 67.

54. Rejection of 54.1 If, as a result of an examination, inspection, measurement or

Works testing, of Works it is found to be defective or otherwise not in
accordance with the Contract, the 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.

55. Remedial Work 55.1 Notwithstanding any test or certification, the Project Manager
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.

55.2 The Contractor shall comply with the instruction issued under
GCC Sub Clause 55.1 within a reasonable time, which shall be
specified in the instruction, or immediately if urgency is specified
under GCC Sub Clause 55.1(c).

PW3PW3 55
 55.3 If the Contractor fails to comply with the instruction issued under
GCC Sub Clause 55.2, 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.

56. Correction of 56.1 The Project Manager shall give notice to the Contractor, with a
Defects 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.

56.2 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.

57. Uncorrected 57.1 If the Contractor has not corrected a Defect within the time
Defects 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

58. Contract Price 58.1 The Contract Price shall be as specified in the Contract
Agreement subject to any additions and adjustments thereto, or
deductions therefrom, as may be made pursuant to Contract.
59. Bill of Quantities 59.1 The Bill of Quantities (BOQ) shall contain priced items for the
construction, installation, testing, and commissioning work to be
done by the Contractor.
59.2 The BOQ is used to calculate the Contract Price. The Contractor
is paid for the quantity of the work done at the rate in the BOQ for
each item.
59.3 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.
60. Changes in the 60.1 If the final quantity of the work done for any particular item in the
Quantities and BOQ increases by more than twenty-five (25) percent and, such
Unit Rate 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.
60.2 If requested by the Project Manager, the Contractor shall provide
the Project Manager with a detailed cost breakdown of any rate in
the BOQ.

61. Issue Variation 61.1 The Project Manager may issue a Variation Order to the
or Extra Work Contractor to cover increase or decrease in quantities, including

PW3PW3 56
 Order 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.
61.2 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.
61.3 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 62, 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. Any Amend to the contract that happens within the
approved BOQ items and doesn’t change the contract price shall
be approved by the HOPE or delegated officer.
61.4 The Head of the Procuring Entity may, in exceptions to the GCC
Sub Clause 61.3 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.
61.5 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 61.1 and61.2, in particular for field level
actual measurements under this contract (admeasurements), not
necessarily however, shall constitute a Variation.
61.6 All Variations and Extra work orders under the Contract shall be
included in the updated Programme of Works produced by the
Contractor.
62. Costing of 62.1 The Contractor shall provide the Project Manager with a
Variations or quotation for carrying out the Variation when requested to do so
Extra Orders 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.
62.2 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

PW3PW3 57
 Sub Clause 60.1, 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.
62.3 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.

62.4 The Contractor shall not be entitled to additional payment for

costs that could have been avoided by giving early warning under
GCC Sub Clause 43.1.
62.5 The time for processing of a Variation and an Extra Work Order
from its preparation to approval shall not exceed thirty (30)
working days.

63. Cash Flow 63.1 When the Programme of Works is updated under GCC Sub
Forecasts Clause 41.2, the Contractor shall provide the Project Manager
with an updated cash flow forecast.
64. Payment 64.1 The basis for payment certificates shall be BOQ used to
Certificates determine the Contract Price.
64.2 The Contractor shall submit to the Project Manager monthly
statements of the estimated value of the works executed less the
cumulative amount certified previously.
64.3 The Project Manager shall check the Contractor’s monthly
statement and certify the amount to be paid to the Contractor.
64.4 The value of work executed shall be determined by the Project
Manager.
64.5 The value of work executed may also include the valuation of
Variations or Extra Work Orders, Certified Dayworks and
Compensation Events.
64.6 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.
65. Payments to the 65.1 Payments shall be adjusted for deductions for advance payments
Contractor and retention. The Procuring Entity shall pay the Contractor the
amounts certified by the Project Manager within twenty-eight (28)
days of the date of each certificate after due adjustments for
deductions for advance payments, retention and any other
additions or deductions which may have become due under the

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 Contract or otherwise, including those under GCC Clause 91.
65.2 Payments for Works under Variation Orders or Extra Work
Orders satisfactorily accomplished pursuant to GCC Sub Clause
61 may be made only after approval of the same by the
Approving Authority or next higher, as appropriate.
65.3 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.

66. Delayed Payment 66.1 If the Procuring Entity makes a late payment, the Contractor shall
be paid interest on the late payment in the next payment at the
rate as specified in the PCC. Interest shall be calculated from the
date by which the payment should have been made up to the
date when the late payment is made.
66.2 If an amount certified is increased in a subsequent certificate as
a result of an award by the Adjudicator or an Arbitrator, the
Contractor shall be paid interest upon the delayed payment as
set out in this clause. Interest shall be calculated from the date
upon which the increased amount would have been certified in
the absence of dispute.

67. Compensation 67.1 The following shall be Compensation Events:

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
stated in the GCC Sub Clause 13.1;

(b) The Procuring Entity modifies the Schedule of other

Contractors in a way that affects the works of the
Contractor under the Contract;
(c) The Project Manager orders a delay or does not issue
Drawings, Specifications, or instructions required for
execution of the Works on time;
(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;
(e) The Project Manager unreasonably does not approve a
subcontract to be let, if applicable;
(f) Ground conditions are substantially more adverse than could
reasonably have been assumed before issuance of the
Notification of Award from the information issued to
Tenderers (including the Site Investigation Reports), from
information available publicly and from a visual inspection
of the Site; 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;
(g) The advance payment is delayed;
(h) The effects on the Contractor of any of the Procuring Entity’s
Risks;
(i) The Project Manager unreasonably delays issuing a

PW3PW3 59
 Completion Certificate;
(j) A situation of Force Majeure has occurred, as defined in
GCC Clause 83; and
(k) Other Compensation Events described in the Contract or
determined by the Project Manager in the PCC shall apply.
67.2 If a Compensation Event would cause additional cost or would
prevent the work being completed before the Intended
Completion Date, the Contract Price shall be increased and/or
the Intended Completion Date shall be extended. The Project
Manager shall decide whether and by how much the Contract
Price shall be increased and whether and by how much the
Intended Completion Date shall be extended, only on justifiably
acceptable grounds duly recorded.

67.3 As soon as the Contractor has provided information

demonstrating the effect of each Compensation Event upon the
Contractor’s forecast cost, the Project Manager shall assess it,
and the Contract Price shall be adjusted accordingly. If the
Contractor’s forecast is deemed unreasonable, the Project
Manager shall adjust the Contract Price based on the Project
Manager’s own forecast. The Project Manager will assume that
the Contractor will react competently and promptly to the event.
67.4 The Contractor shall not be entitled to compensation to the
extent that the Procuring Entity’s interests are adversely affected
by the Contractor not having given early warning or not having
cooperated with the Project Manager.
68. Adjustments for 68.1 Unless otherwise specified in the Contract, if between the date
Changes in twenty-eight (28) days before the submission of Tenders for the
Legislation Contract and the date of the last Completion Certificate, any
law, regulation, ordinance, order or bylaw having the force of law
is enacted, promulgated, abrogated, or changed in Bangladesh
(which shall be deemed to include any change in interpretation
or application by the competent authorities) that subsequently
affects the Completion Date and/or the Contract Price, then such
Completion Date and/or Contract Price shall be correspondingly
increased or decreased, to the extent that the Contractor has
thereby been affected in the performance of any of its obligations
under the Contract.
68.2 The Project Manager shall adjust the Contract Price on the basis
of the change in the amount of taxes, duties, and other levies
payable by the Contractor, provided such changes have not
already been accounted for in the price adjustment as defined in
GCC Clause 69 and/or reflected in the Contract Price.
69. Price Adjustment 69.1 Prices shall be adjusted for fluctuations in the cost of inputs only
if provided for in the PCC. If so provided, the amounts as
certified in each payment certificate, before deducting for
Advance Payment, shall be adjusted by applying the respective
price adjustment factor to the payment amount. The formulae
indicated below applies:
P= A + B (Im/Io)
where:

PW3PW3 60
 P is the adjustment factor
A and B are Coefficients specified in the PCC, representing
the nonadjustable and adjustable portions, respectively, of
the Contract; and
Im is the Index during the month the work has been ex-
ecuted and
Io is the Index prevailing twenty-eight (28) days prior to the
deadline for submission of Tender.
The Indexes to be used is as published by the Bangladesh
Bureau of Statistics (BBS) on a monthly basis. In case not
available, then other countries or authorities of the sources
mentioned in Appendix to the Tender may be used.
70. Retention Money 70.1 The Procuring Entity may retain from each progressive payment
due to the Contractor at the percentage specified in the PCC
until completion of the whole of the Works under the Contract.
70.2 On completion of the whole of the Works, the first half of the total
amount retained under GCC Sub Clause 70.1 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..
70.3 On completion of the whole of the Works, the Contractor may
substitute an irrevocable unconditional Bank Guarantee from any
scheduled Bank of Bangladesh, in the format as specified (Form
PW3-12), without any alteration, acceptable to the Procuring
Entity for the second half of the retention money as stated under
GCC Sub Clause 70.2.
71. Liquidated 71.1 Except as provided under GCC Sub Clause 83, if the Contractor
Damages 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 or Delay
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.
71.2 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.
72. Bonus 72.1 The Contractor shall be paid a Bonus calculated at the percent-
rate per day if stated in the PCC for each day (less any days for
which the Contractor is paid for acceleration) that the Completion
of the whole of the Works is earlier than the Intended Completion
Date. The Project Manager shall require certifying that the
Works are complete, although they may not have fallen due to
being complete as per approved updated Programme of Works.

PW3PW3 61
73. Advance 73.1 The Procuring Entity shall make advance payment, if so
Payment specified in the PCC, to the Contractor in the amounts and by
the dates specified in the PCC against an irrevocable
unconditional Bank Guarantee issued by any scheduled Bank of
Bangladesh in the format as specified (Form PW3-11), without
alteration, and acceptable to the Procuring Entity of an amount
equal to the advance payment. The Guarantee shall remain
effective until the advance payment has been amortized, but the
amount of the Guarantee shall be progressively reduced by the
amounts amortized by the Contractor. Interest will not be
charged on the advance payment.
73.2 The Contractor shall use the advance payment only to pay for
Equipment, Plant, Materials, and mobilization expenses required
specifically for execution of the Contract. The Contractor shall
demonstrate that advance payment has been used for such
specific purposes by supplying copies of invoices or other
documents to the Project Manager.
73.3 The advance payment shall be amortized by deducting at
proportionate rate from payments otherwise due to the
Contractor, following the schedule of completed percentages of
the Works as specified in the PCC. No account shall be taken of
the advance payment or its amortization in assessing valuations
of work done, Variations, price adjustments, Compensation
Events, Bonuses, or Liquidated Damages.
73.4 If the amortization of advance payment has not been completed
by twenty-eight (28) days prior to the expiry date of the
Guarantee stated under GCC Sub Clause 73.1, the Contractor
shall correspondingly extend the validity of the Guarantee for a
period so long the advance payment is fully amortized. The Bank
Guarantee for advance payment shall be released when the
same has been fully amortized.
74. Performance 74.1 The Procuring Entity shall notify the Contractor of any claim
Security made against the Bank issuing the Performance Security.
74.2 The Procuring Entity may claim against the security if any of the
following events occurs for fourteen (14) days or more.
(a) The Contractor is in breach of the Contract and the
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.
74.3 In the event as stated under GCC Sub Clause 74.2, the
Contractor is liable to pay compensation under the Contract
amounting to the full value of the security or more, the Procuring
Entity may call the full amount of the security.
74.4 The Performance Security furnished at the time of signing of the
Contract Agreement shall be substituted, after the issuance of
certificate of Completion of works by the Project Manager, by a
new Security covering fifty (50) percent amount of the
Performance Security to cover the Defects Liability Period.
74.5 If there is no reason to call the security, the security shall be
discharged by the Procuring Entity and returned to the

PW3PW3 62
 Contractor after the Defects Liability period has passed and the
Project Manager has certified in the form of Defects Corrections
Certificates and the Procuring Entity shall not make any claim
under the security, except for amounts to which the Procuring
Entity is entitled under this Contract. In the event this Contract is
significantly below the updated official estimated cost or
unbalanced as a result of front loading, the Procuring Entity shall
call the full amount of the security in the circumstances stated
under GCC Sub Clause 74.3.
75. Provisional 75.1 Provisional Sums shall only be used, in whole or in part, in
Sums accordance with the Project Manager’s instructions.

75.2 Plants, Materials or Services to be purchased by the Contractor

under the provisions of GCC Sub Clause 75.1 from Nominated
Subcontractor(s) or for meeting the other expenditures under
the Contract, and for which there shall be included in the
Contract price, the actual amounts paid or due to be paid by the
Contractor, and a sum for profit, overhead and VAT, as
applicable, calculated as a percentage of these actual amounts
by applying the relevant percentage rate as specified in the
PCC.
76. Dayworks 76.1 If applicable, the Dayworks rates in the Contractor’s Tender
shall be used for small additional amounts of work only when
the Project Manager has given written instructions in advance
for additional work to be paid for in that way.
76.2 All works to be paid for as Dayworks shall be recorded by the
Contractor on forms approved by the Project Manager. Each
completed form shall be certified and signed by the Project
Manager within seven (7) days of the works being done.
76.3 The Contractor shall be paid for Dayworks subject to obtaining
signed Dayworks forms.

77. Cost of Repairs 77.1 Loss or damage to the Works or Materials to be incorporated in
to Loss or the Works between the Start Date and the end of the Defects
Damages Liability Period shall be remedied by the Contractor at the
Contractor’s own cost, if the loss or damage arises from the
Contractor’s acts or omissions.

E. Completion of the Contract

78. Completion 78.1 The Contractor shall apply by notice to the Project Manager for
issuing a Completion Certificate of the Works, and the Project
Manager shall do so upon deciding that the work is completed.

79. Taking Over 79.1 The Procuring Entity shall take over the Site and the Works
within seven (7) days of the Project Manager’s issuing a
certificate of Completion.

80. Amendment to 80.1 The amendment to Contract shall generally include extension of
Contract time to the Intended Completion Date, increase or decrease in
original Contract Price and any other changes acceptable under
the conditions of the Contract.

PW3PW3 63
 80.2 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

81. Final Account 81.1 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.
81.2 The Project Manager shall certify the Final Payment within fifty
six (56) days of receiving the Contractor’s account if the
payable amount claimed by the Contractor is correct and the
corresponding works are completed.
81.3 If it is not, the Project Manager shall issue within fifty six (56)
days a Defects Liability Schedule that states the scope of the
corrections or additions that are necessary.
81.4 If the Final Account of Works submitted under GCC Sub
Clause 81.1 is unsatisfactory even after it has been
resubmitted, the Project Manager shall decide on the amount
payable to the Contractor and issue a payment certificate.

82. As-built 82.1 If “As Built” Drawings and/or operating and maintenance
Drawings and manuals are required, the Contractor shall supply them by the
Manuals dates stated in the PCC.
82.2 If the Contractor does not supply the Drawings and/or Manuals
by the dates specified in GCC Sub Clause 82.1, or they do not
receive the Project Manager’s approval, the Project Manager
shall withhold a nominal amount specified in the PCC from
payments due to the Contractor.
83. Force Majeure 83.1 Force Majeure may include, but is not limited to, exceptional
events or circumstances of the kind stated below;
(a) war, hostilities (whether war be declared or not), invasion,
act of foreign enemies;
(b) rebellion, terrorism, sabotage by persons other than the
Contractor’s personnel, revolution, insurrection, military
or usurped power, or civil war ;
(c) riot, commotion, disorder, strike or lockout by persons
other than the Contractor’s personnel ;
(d) munitions of war, explosive materials, ionising radiation or
contamination by radio-activity, except as may be
attributable to the Contractor’s use of such munitions,
explosives, radiation or radio-activity ; and
(e) natural catastrophes such as fires, floods, epidemics,
quarantine restrictions, freight embargoes, cyclone,
hurricane, typhoon, tsunami, storm surge, earthquake,
hill slides, landslides, and volcanic activities.
83.2 The Head of Procuring Entity decides the existence of a Force
Majeure that will be the basis of the issuance of order for
suspension of Works as stated under GCC Sub Clause 48.1.

PW3PW3 64
84. Notice of Force 84.1 If a Party is or will be prevented from performing its substantial
Majeure obligations under the Contract by Force Majeure, then it shall
give notice, within fourteen (14) days after the party became
aware, to the other Party of the event or circumstances
constituting the Force Majeure and shall specify the obligations,
the performance of which is or will be prevented.
84.2 Notwithstanding any other provision of this Clause, Force
Majeure shall not apply to obligations of either Party to make
payments to the other Party under the Contract.

85. Consequences of 85.1 The Contractor shall not be liable for forfeiture of its security,
Force Majeure liquidated damages, or termination for default if and to the
extent that it’s delay in performance or other failure to perform
its obligations under the Contract is the result of an event of
Force Majeure.
85.2 If the Contractor is prevented from performing its substantial
obligations under the Contract by Force Majeure of which
notice has been given under GCC Sub Clause 84, and suffers
delay and/or incurs cost by reason of such Force Majeure, the
Contractor shall be entitled subject to GCC Sub Clause 91 to:
(a) an extension of time for any such delay, if completion is or
will be delayed, under GCC Clause 44, and
(b) if the event or circumstance is of the kind described sub-
paragraphs (a) to (e) of GCC Sub Clause 83.1 occurs in
the country, payment of any such cost, including the costs
of rectifying or replacing the Works and physical services
damaged or destructed by Force Majeure, to the extent
they are not indemnified through the insurance policy
referred to in GCC Clause 36.
85.3 After receiving notice under GCC Sub Clause 84.1, the Project
Manager shall proceed to determine these matters under the
provisions of the Contract.
86. Release from 86.1 Notwithstanding any other provision of this Clause, if any event
Performance or circumstance outside the control of the parties (including, but
not limited to, Force Majeure) arises which makes it impossible
or unlawful for either or both Parties to fulfil its or their
contractual obligations or which, under the law governing the
Contract, entitles the Parties to be released from further
performance of the Contract, then upon notice by either Party to
the other party of such event or circumstance:
(a) the Parties shall be discharged from further performance,
without prejudice to the rights of either Party in respect of
any previous breach of the Contract, and
(b) the sum payable by the Procuring Entity to the Contractor
shall be the same as would have been payable under
GCC Sub Clause 88.3 if the Contract had been terminated
under GCC Sub Clause 87.3.

F. Termination and Settlement of Disputes

PW3PW3 65
87. Termination 87.1 Termination for Default
(a) The Procuring Entity or the Contractor, without prejudice
to any other remedy for breach of Contract, by giving
twenty-eight (28) days written notice of default to the
other party, may terminate the Contract in whole or in part
if the other party causes a fundamental breach of
Contract. 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 instructs the Contractor to
delay the progress of the Works, and the instruction
is not withdrawn within eighty four ( 84) days;
(iii) 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;
(iv) the Contractor does not maintain a Security, which
is required;
(v) 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 71;
(vi) 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;
(vii) the Contractor, in the judgment of the Procuring
Entity has engaged in corrupt or fraudulent
practices, as defined in GCC Sub Clause 38, in
competing for or in executing the Contract.
(viii) A payment certified by the Project Manager is not
paid by the Procuring Entity to the Contractor within
eighty-four (84) days of the date of the Project
Manager’s certificate.
87.2 Termination for Insolvency
The Procuring Entity and the Contractor may at any time
terminate the Contract by giving twenty-eight (28) days written
notice to the other party if either of the party becomes
bankrupt or otherwise insolvent. In such event, termination
will be without compensation to any party, provided that such
termination will not prejudice or affect any right of action or
remedy that has accrued or will accrue thereafter to the other
party.

PW3PW3 66
 87.3 Termination for Convenience
(a) The Procuring Entity, by giving twenty-eight (28) days
written notice sent to the Contractor, may terminate the
Contract, in whole or in part, at any time for its
convenience. The notice of termination shall specify that
termination is for the Procuring Entity’s convenience, the
extent to which performance of the Contractor under the
Contract is terminated, and the date upon which such
termination becomes effective.
(b) The Procuring Entity shall not terminate the contract
under GCC Sub Clause 87.3 (a) in order to execute the
Works itself or to arrange for the Works to be executed
by another contractor or to avoid a termination of the
Contract by the Contractor as stated under GCC Sub
Clause 87.1(a).
87.4 In the event the Procuring Entity terminates the Contract in whole
or in part, the Procuring Entity shall accept the portion of the
Works that are complete and ready for handing over after the
Contractor’s receipt of notice of termination of the Contract. For
the remaining portion of the Works, the Procuring Entity may elect:
(a) to have any portion completed by the Contractor at the
Contract terms and prices; and /or
(b) to cancel the remainder and pay to the Contractor an
agreed amount for partially completed Works and for
materials and parts previously procured by the
Contractor, or

(c) except in the case of termination for convenience as

stated under GCC Sub Clause 87.3, engage another
Contractor to complete the Works, and in that case the
Contractor shall be liable to the Procuring Entity for any
cost that may be incurred in excess of the sum that
would have been paid to the Contractor, if the work
would have been executed and completed by him or her.

87.5 If the Contract is terminated, the Contractor shall stop work

immediately, make the Site safe and secure, and leave the Site
as soon as is reasonably possible.
87.6 The expiration of the Intended Completion Date under GCC
Clause 44 and, the initiation of settlement of disputes like
amicable or adjudication and arbitration under GCC Clause 92
shall not be deemed a termination of the Contract under GCC
Clause 87.
88. Payment upon 88.1 If the Contract is terminated because of a fundamental breach
Termination of Contract under GCC Sub Clause 87.1 by the Contractor,
the Project Manager shall issue a certificate for the value of
the Works done and Plant and Materials ordered less
advance payments received up to the date of the issue of the
certificate and, 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

PW3PW3 67
 Entity exceeds any payment due to the Contractor, the
difference shall be a debt payable to the Procuring Entity.
88.2 If the Contract is terminated for the Procuring Entity’s
convenience or because of a fundamental breach of Contract
by the Procuring Entity, the Project Manager shall issue a
payment certificate for the value of the work done, Materials
ordered, the reasonable cost of removal of Equipment,
repatriation of the Contractor’s foreign personnel employed
solely on the Works and recruited specifically for the Works,
and the Contractor’s costs of protecting and securing the
Works, and less advance payments received up to the date of
the certificate.
88.3 If the Contract is terminated for reasons of Force Majeure, the
Project Manager shall determine the value of the work done
and issue a Payment Certificate which shall include:
(a) the amounts payable for any work carried out for which
unit rates or prices are stated in the Contract;
(b) the cost of Plant and Materials ordered for the Works
which have been delivered to the Contractor, or of which
the Contractor is liable to accept delivery: this Plant and
Materials shall become the property of (and be at the risk
of) the Procuring Entity when paid for by the Procuring
Entity, and the Contractor shall place the same at the
Procuring Entity’s disposal;
(c) other costs or liabilities which in the circumstances were
reasonably and necessarily incurred by the Contractor in
the expectation of completing the Works;
(d) the cost of removal of Temporary Works and Contractor’s
Equipment from the Site; and
(e) the cost of repatriation of the Contractor’s staff and labour
employed wholly in connection with the Works at the
date of termination.
89. Property 89.1 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 stated under GCC Sub Clause 87.1.

90. Frustration 90.1 If the Contract is frustrated by the occurrence of a situation of

Force Majeure as defined in GCC Sub Clause 83, the Project
Manager shall certify that the Contract has been frustrated.
The Contractor shall make the Site safe and stop work as
quickly as possible after receiving this certificate and shall be
paid for all works carried out before receiving it and for any
work carried out afterwards to which a commitment was
made.

G. Claims, Disputes and Arbitration

91. Contractor’s 91.1 If the Contractor considers himself to be entitled to any

PW3PW3 68
 Claims extension of the Completion Time and/or any additional
payment, under any Clause of these Conditions or otherwise in
connection with the Contract, the Contractor shall give notice to
the Procuring Entity, describing the event or circumstance
giving rise to the claim. The notice shall be given as soon as
practicable, and not later than twenty-eight (28) days after the
Contractor became aware, or should have become aware, of
the event or circumstance.

91.2 If the Contractor fails to give notice of a claim within such

period of twenty-eight (28) days, the Intended Completion Date
shall not be extended, the Contractor shall not be entitled to
additional payment, and the Procuring Entity shall be
discharged from all liability in connection with the claim.

91.3 Within forty two (42) days after the Contractor became aware
or should have become aware of the event or circumstance
giving rise to the claim, or within such other period as may be
proposed by the Contractor and approved by the Project
Manager, the Contractor shall send to the Project Manager a
fully detailed claim which includes full supporting particulars of
the basis of the claim and of the extension of time and/or
additional payment claimed, for settlement.

92. Settlement of 92.1 Amicable settlement

Disputes
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.

92.2 Adjudication
(a) If the Contractor believes that a decision taken by the
Project Manager was either outside the authority given to
the Project Manager by the Contract or that the decision
was wrongly taken, the decision shall be referred to the
Adjudicator within fourteen (14) days of notification of the
Project Manager’s decision in writing.
(b) The Adjudicator named in the PCC is jointly appointed
by the parties. In case of disagreement between the
parties, the Appointing Authority designated in the PCC
shall appoint the Adjudicator within fourteen (14) days of
receipt of a request from either party.
(c) The Adjudicator shall give its decision in writing to both
parties within twenty-eight (28) days of a dispute being
referred to it.

(d) The Contractor shall make all payments (fees and

reimbursable expenses) to the Adjudicator, and the
Procuring Entity shall reimburse half of these fees
through the regular progress payments.
(e) Should the Adjudicator resign or die, or should the
Procuring Entity and the Contractor agree that the

PW3PW3 69
 Adjudicator is not functioning in accordance with the
provisions of the Contract; a new Adjudicator will be
jointly appointed by the Procuring Entity and the
Contractor. In case of disagreement between the
Procuring Entity and the Contractor the Adjudicator shall
be designated by the Appointing Authority within
fourteen (14) days of receipt of a request from either
party as stated under GCC Sub Clause 92.2 (b)

92.3 Arbitration
(a) If the parties are unable to reach a settlement as per GCC
Clauses 92.1 and 92.2 within twenty-eight (28) days of
the first written correspondence on the matter of
disagreement, then either party may give notice to the
other party of its intention to commence arbitration in
accordance with GCC Sub Clause 94.3(b).
(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.

PW3PW3 70
 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

GCC Clause
of Contract

GCC 1.1(j) The Contractor is

[Name, address, and name of authorized representative]

GCC 1.1(ff) The Procuring Entity is

[Name, address, and name of authorized representative]

GCC 1.1(gg) The Project Manager is

[Name, address, and name of authorized representative]

GCC 1.1 (bb) The original Contract Price is [insert the amount in the NOA]

GCC 1.1(y) The Intended Completion Date for the whole of the Works shall be [insert date]

[to be calculated from the Commencement Date]

GCC 1.1(kk) The Site is located at [location]and is defined in drawings No:

[insert numbers]

GCC 1.1(nn) The Start Date shall be [insert date ]

[it is the last date when the Contractor shall start execution of the Works under the Contract
reasonably immediately after the Commencement Date; refer to GCC Clause 40]

GCC 1.1(rr) The Works consist of

[state brief summary, including relationship to other Contracts under the Project]

GCC 2.5 The Sectional Completion Dates are:

[state part of the works and the corresponding dates, if applicable]

GCC 3.1 The Procuring Entity’s address for the purpose of communications under this
contract is :
Contact person:
Address:
Tel:
Fax:
e-mail address:

The Contractor’s address for the purpose of communications under this contract
is :
Contact person:

PW3PW3 71
 Address:
Tel:
Fax:
e-mail address:

GCC 6.1 (j) Other documents forming part of the Contract are;

[list other documents viz. Schedule of other contractors, Schedule of Key Personnel, Site
Investigation Reports, relevant correspondences prior to signing of the Contract agreement
etc.]

GCC 9.1 The Contractor or the Subcontractor that is a national of, or registered in, the
following countries are not eligible:

[state countries, if applicable]

GCC 9.2 Materials, Equipment Plants and supplies shall not have their origin in the
following countries:

[state countries, if applicable]

GCC 13.1 Possession of the Site or part(s) of the Site, to the Contractor shall be given on
the following date(s);

[state date or dates of possession of site]

GCC 19.1 Following Key Personnel to carry out the functions stated in the Schedule shall
be employed by the Contractor;

[insert name(s)]

GCC 20.3 Nominated Subcontractor(s) named below;

____[insert name(s)]___________________________________________
shall be entitled to execute the following specific components of the Works
[state none ,if not applicable]

GCC 22.1 The Contractual matters between the Procuring Entity and the Contractor shall
be decided by

[state only if other than the Project Manager]

GCC 36.1 The insurance cover shall be:

(a) The minimum cover for the Works and of Plant and Materials is Tk [state
amount].
[the Procuring Entity shall state the amount at the time of preparing PCC. Amount could
be 110% of the value of the works, plant and materials]

PW3PW3 72
 (b) The maximum deductible for insurance of the Works and of Plant and
Materials is [state amount].
[the Contractor shall state this amount at the time of Contract signing. Amount could be
5 to 10 %t of the sum insured]

(c) The minimum cover for loss or damage to Equipment is Tk [state amount].
[the Procuring Entity shall state the amount at the time of preparing PCC. Amount could
be 110% of the replacement value of the equipment]

(d) The maximum deductible for insurance of Equipment is [state amount].

[the Contractor shall state this amount at the time of Contract signing. Amount
could be 5 to 10 %t of the sum insured].

(e) The minimum cover for other property is [state amount].

[the Procuring Entity shall state the amount at the time of preparing PCC. Amount could
be 10% of the Contract Price]

(f) The maximum deductible for insurance of other property is [state amount].
[the Contractor shall state this amount at the time of Contract signing. Amount could be
5 to 10% of sum insured]

(g) The minimum cover for personal injury or death:

(i) for the Contractor’s employees is as per the law and common practice in
Bangladesh.
(ii) and for third parties is as per the law and common practice in
Bangladesh.

Commencement Date shall be [ insert date]

GCC 39.1

The Intended Completion Date of the Works shall be [insert date]

GCC 40.1

GCC 41.1 The Contractor shall submit a Programme for the Works within [insert days] days
of signing the Contract.

[usually fifteen (15) days]

GCC 41.2 The period between Programme updates is [state interval]

[usually bi-monthly or quarterly depending on the nature of the Works]

GCC 41.3 The amount to be withheld for late submission of an updated Programme is [state
amount].

GCC 56.1 The Defects Liability Period is [state months]

[usually Defect Liability Period is twelve (12) months to cover at least one complete monsoon
season].

PW3PW3 73
GCC 65.3 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 66.1 The rate of interest shall be the prevailing rate of interest for commercial
borrowing established in the country.
Or
[state ‘None’]
[delete not appropriate]

GCC 67.1(m) The following additional events shall also be the Compensation Events:
[list events or state none ]

GCC 69.1 The Contract is not subject to price adjustment.

OR

The Contract is subject to price adjustment, the formulae and weightings or

coefficients of indexes for adjustment are:

[Price Adjustment Formulae to be applicable if stated under ITT Sub Clause 27.9 and ITT Sub
Clause 27.10 shall be specified here]
Example:
P= A + a (Lm/Lo)+ b (BIm/BIo)+ c (CEm/CEo)+ d (RSm/RSo)+ e (STm/STo)+ f (BRm/BRo)+g
(MIm/MIo) + h (FUm/FUo)+ etc
where;
L= Labor, BI=Bitumen, CE=Cement, RS=Reinforcing Steel, ST=Stone, BR=Bricks,
MI=Miscellaneous, FU= Fuel ]
Weighting or Coefficient A equals between 0.10 and 0.15 and, B (a+b+c+d+e+f+g+h+etc) equals
between 0.90 and 0.85.

[insert figure] non-adjustable component (coefficient A)

[insert figure] adjustable component (coefficient B)
[The sum of A+B shall equal ONE (1). It is usual to have value of A between 0.10 and 0.15
and that of B between 0.90 and 0.85. Breakdown of B shall be provided in Appendix to the
Tender.]
[delete not appropriate. Reference is drawn to ITT Sub Clause 27.9 and ITT sub Clause 27.10]

PW3PW3 74
GCC 70.1 The proportion of payments to be retained is [insert percent] percent.
[state “none’ if not applicable. If applicable then the proportion of Retention Money shall be
equal to the percentage-shortfall of ten (10) percent of Performance Security determined at the
time of signing the Contract.
[If Performance Security has been increased in case of unbalanced Tender as result of front
loading or because of Tender is significantly below the updated official estimated, provision for
Retention Money shall not be applicable]

GCC 71.1 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 71.1 above
[ Liquidated damages is equivalent to an amount to be determined in accordance with
the following formulae
T = VxPx 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.

GCC 71.1 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 72.1 The Bonus for the whole of the Works is [insert between 0.05 and 0.10)]percent of
the final Contract Price per day of early completion.

The maximum amount of Bonus for the whole of the Works is [insert ≤ ten (10)]
percent of the final Contract Price
[if early completion would provide benefits to the Procuring Entity, this clause should remain,
otherwise state “Not Applicable”. The bonus is usually numerically equal to the Liquidated
Damages]

GCC 73.1 The Advance Payment shall be Tk [insert amount] and shall be paid to the
Contractor not later than [insert date].

[An advance payment, if admissible, shall be made for mobilisation, considering the nature of
the works. The recommended maximum advance payment is ten (10) percent of the original
Contract Price against an irrevocable unconditional Bank Guarantee (Form PW3-10) ]

GCC 73.4 Advance Payment shall be amortized at the rate of [ insert percentage] from the
progressive payments of invoices.
[The amortization of the Advance Payment shall commence when the progress payments
have reached twenty (20) percent of the Contract Price and, be completed when the progress
payments have reached eighty (80) percent of the Contract Price]

PW3PW3 75
GCC 75.2 The percentage for adjustment of Provisional Sums is
____% (_________percent)
[state none, if not applicable. Usually covers the profit, overhead and VAT costs]

GCC 82.1 The date by which “as-built” drawings are required is [insert date]
The date by which operating and maintenance manuals are required is [insert
date]

GCC 82.2 The amount to be withheld for failing to produce “as-built” drawings and/or
operating and maintenance manuals by the date required is Tk [insert amount]

[usually a very nominal amount]

GCC 88.1 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 92.2 (b) The Adjudicator jointly appointed by the parties is:
Name:
Address:
Tel No:
Fax No:
e-mail address:

GCC 92.2(b) In case of disagreement between the parties, the Appointing Authority for the
Adjudicator is the President of the Institution of Engineers, Bangladesh (IEB).

GCC 92.3 (b) The arbitration shall be conducted in the place mentioned below;
[state name of place with location and district ]

PW3PW3 76
 Appendix to the Tender

[In Tables below, the Procuring Entity shall indicate the source and base
values with dates of Indexes, unless otherwise instructed to be quoted by the
Tenderers, for the different Cost Components and mention its Weightings or
Coefficients]

Table 1.1: Price Adjustment Data

[ ITT Sub Clause 27.10: To be provided by the Procuring Entity]

Index Descriptions Base Value Sources of Index

Note:

1. The sources of Indexes and its values with dates shall be Bangladesh Bureau of
Statistics (BBS) unless otherwise mentioned by the Procuring Entity.
2. The Base Value of the Indexes shall be those prevailing twenty-eight (28) days
prior to the deadline for submission of the Tenders.

PW3PW3 77
 Table 1.2: Price Adjustment Data
[ GCC Clause 69: To be provided by the Procuring Entity]

Coefficients or Coefficients or Weightings for

Index Weightings for adjustable Cost Components
Item Bill No. if
Description non-adjustable Total
Group applicable
s Cost
Component
a b c d e f g h i j

Note:

The Weightings or Coefficients of the Cost Components shall be mentioned by

the Procuring Entity based on the proportion of components involved in the
work items caused to be impacted by rise and fall in its prices.

Section 5. Tender and Contract Forms

PW3PW3 78
 Form Title

Tender Forms

PW3 – 1 Tender Submission Letter

PW3 – 2 Tenderer Information

PW3 – 3 JV Partner Information (if applicable)

PW3 – 4 Subcontractor Information (if applicable)

PW3 – 5 Personnel Information

PW3-5A Tenderer’s Past Performance Information

PW3-5B Tenderer’s Capacity Information

PW3 – 6 Bank Guarantee for Tender Security (when this option is chosen)

PW3 - 7 Bank’s Letter of Commitment for Line of Credit (when this option is chosen)

Contract Forms

PW3 – 8 Notification of Award

PW3 – 9 Contract Agreement

PW3 – 10 Bank Guarantee for Performance Security (when this option is chosen)

PW3 –11 Bank Guarantee for Advance Payment (if applicable)

PW3 –12 Bank Guarantee for Retention Money Security (when this option is chosen)

Forms PW3-1 to PW3 -7 comprises part of the Tender Format and should be completed
as stated in ITT Clauses 24.

Forms PW3-8 to PW3 -12comprises part of the Contract as stated in GCC Clause 6.

PW3PW3 79
 Tender Submission Letter (Form PW3-1)
[This letter should be completed and signed by the Authorised Signatory
on the Letter-Head Pad of the Tenderer]

To: Date:
[Contact Person]
[Name of the Procuring Entity]
[Address of the Procuring Entity]

Invitation for Tender No: IFT No. __________________________

Tender Package No: Package No. _____________________

Lot No: (when applicable) Lot No. ___________________________

We, the undersigned, tender to execute in conformity with the Tender Document, the
following Works and physical services, viz:

In accordance with ITT Clause 27and 28, the following price applies to our Tender:

The Tender price is: Tk._________________________

(ITT Sub Clause 27.4 and 28.1) [in figures]
Taka________________________
[in words]
The advance payment (when applicable) is: Taka________________________
[insert the amount based on percentage of the Tender [in words]
Price] Taka________________________
(GCC Sub Clause 73.1) [in words]
and we shall accordingly submit an Advance Payment Guarantee in the format shown in
Form PW3–10.

In accordance with ITT Sub Clauses 27.6, the following discounts shall apply to our
Tender:
The unconditional discount proposed in this
package/Lot is: In Percentage(%).-----------------

The discount shall be equally applicable on all

the items of BOQ after arithmetical correction.

PW3PW3 80
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 33.1) 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 [state Pay Order, Bank Draft, Bank
Guarantee] in the amount stated in the Tender Data Sheet (ITT Sub Clause 36.1)
and valid for a period of twenty-eight (28) days beyond the Tender Validity date;

(c) if our Tender is accepted, we commit to furnishing a Performance Security within

the time stated under ITT Sub Clause 66.2 in the amount stated in the Tender
Data Sheet (ITT SubClauses65.1) and in the form specified in the Tender Data
Sheet(ITT Sub Clause 66.1) valid for a period of twenty-eight (28) days beyond
the date of issue of the Completion Certificate of the Works;

(d) we have examined and have no reservations to the Tender Document, issued by
you on [insert date];including Addendum to Tender Document No(s) [state
numbers] , issued in accordance with the Instructions to Tenderers (ITT Clause
11). [insert the number and issuing date of each addendum; or delete this
sentence if no Addendum has been issued];

(e) we, including as applicable, any JV partner or Subcontractor for any part of the
contract resulting from this Tender process, have nationalities from eligible
countries, in accordance with ITT Sub Clause 5.1;

(f) we are submitting this Tender as a sole Tenderer in accordance with ITT Sub
Clause 40.3
or
we are submitting this Tender as the partners of a JV, comprising the following
other partners in accordance with ITT Sub Clause 40.3;

Name of Partner Location & District of Partner

1
2
3
4

(g) we are not a Government owned entity as defined in ITT Sub Clause 5.3
or
we are a Government owned entity, and we meet the requirements of ITT Sub
Clause 5.10;

(h) we, including as applicable any JV partner, declare that we are not associated,
nor have been associated in the past, directly or indirectly, with a consultant or
any other entity that has prepared the design, specifications and other documents
in accordance with ITT Sub Clause 5.6;

(i) we, including as applicable any JV partner or Subcontractor for any part of the
contract resulting from this Tender process, have not been declared ineligible by
the Government of Bangladesh on charges of engaging in corrupt, fraudulent,
collusive or coercive practices in accordance with ITT Sub Clause 5.7;

PW3PW3 81
 (j) furthermore, we are aware of ITT Clause 4 concerning such practices and pledge
not to indulge in such practices in competing for or in executing the Contract;

(k) we intend to subcontract an activity or part of the Works, in accordance with ITT
Sub Clause 19.1, to the following Subcontractor(s);

Activity or part of the Works Name of Subcontractor with Location

and District

(l) we, including as applicable any JV partner, confirm that we do not have a record
of poor performance, such as abandoning the works, not properly completing
contracts, inordinate delays, or financial failure as stated in ITT Clause 5.8, and
that we do not have, or have had, any litigation against us, other than that stated
in the Tenderer Information (Form PW3-2);
(m) we are not participating as Tenderer in more than one Tender in this Tendering
process. We understand that your written Notification of Award shall constitute
the acceptance of our Tender and shall become a binding Contract between us,
until a formal Contract is prepared and executed;
(n) we, including as applicable any JV partner, confirm that we do not have a record
of insolvency, receivership, bankrupt or being wound up, our business activities
were not been suspended, and it was not been the subject of legal proceedings
in accordance with ITT Sub Clause 5.9;
(o) we, including as applicable any JV partner, confirm that we have fulfilled our
obligations to pay taxes and social security contributions applicable under the
relevant national laws and regulations of Bangladesh in accordance with ITT Sub
Clause 5.5;
(p) we understand that you reserve the right to reject all the Tenders or annul the
Tender proceedings, without incurring any liability to Tenderer, in accordance
with ITT Clause 60.

Signature: [insert signature of authorised representative

of the Tenderer]
Name: [insert full name of signatory with National ID
Number]
In the capacity of: [insert capacity of signatory]
Duly authorised to sign the Tender for and on behalf of the Tenderer

[If there is more than one (1) signatory, or in the case of a JV, add other boxes and sign
accordingly].
Attachment 1:
[ITT Sub Clause 40.3]
Written confirmation authorising the above signatory(ies) to commit the Tenderer

[and, if applicable]
Attachment 2:
[ITT Sub Clause 29.2(b)]
Copy of the JV Agreement / Letter of Intent to form JV with draft proposed Agreement

PW3PW3 82
 Tenderer Information (Form PW3-2)
[This Form should be completed only by the Tenderer, preferably on its Letter-Head Pad]

Invitation for Tender No: IFT No]

Tender Package No: [ Package No]
Lot No (when applicable) [Lot No)]

1. Eligibility Information of the Tenderer [ITT –Clauses 5& 29]

1.1 Nationality of individual or country
of registration

1.2 Tenderer’s legal title

1.3 Tenderer’s registered address

1.4 Tenderer’s legal status [complete the relevant box]

Proprietorship

Partnership

Limited Liability Concern

Government-owned Enterprise

Others
[please describe, if applicable]
1.5 Tenderer’s year of registration
1.6 Tenderer’s authorised representative details
Name
National ID number
Address
Telephone / Fax numbers
e-mail address
1.7 Litigation [ITT Cause 13]

A. No pending litigation □[if no pending litigation put Tick Mark in Box]

B. Pending litigation
Year Matter in dispute Value of Value of
Pending Claim Pending

PW3PW3 83
 in Taka Claim as
Percentage of
Net Worth

1.8 Tenderer to attach photocopies of

the original documents mentioned
aside [All documents required under ITT Clauses 5 and 29]

The following two information are applicable for National Tenderers

1.9 Tenderer’s Value Added Tax
Registration (VAT) Number
1.10 Tenderer’s Tax Identification
Number(TIN)
[The foreign Tenderers, in accordance with ITT Sub Clause 5.1, shall provide evidence by a written
declaration to that effect to demonstrate that it meets the criterion]
2. Qualification Information of the Tenderer [ITT Clause32]
2.1 General Experience in Construction Works of Tenderer [State years of experience]
2.2 Specific Experience in Construction Works of Tenderer
Completed Contracts of similar nature, complexity and methods/construction technology
Contract No [ insert reference no] of [ insert year]

Name of Contract [insert name]

Role in Contract Prime Contractor Subcontractor Management Contractor

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

Brief description with

justifications of the [state justification in support of its similarity compared to the
similarity compared to the proposed works]
Procuring Entity’s
requirements
2.3 Average annual construction turnover [ITT Sub Clause15.1(a)]
[total certified payments received for contracts in progress or completed under public sector for
a period as stated under ITT Sub Clause 15.1(a), using rate of exchange at the end of the
period reported]
Year Currency Amount
Taka or Equivalent Taka

PW3PW3 84
2.4 Liquid assets available to meet the construction cash flow [ITT Sub Clause 15.1(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 32.1(d)
2.5 Contact Details [ITT Sub Clause 32.1 (h) ]
Name, address, and other contact details of Tenderer Bankers and other Procuring Entity(s)
that may provide references, if contacted by this Procuring Entity

2.6 Qualifications and experience of key technical and administrative personnel proposed for
Contract administration and management [ITT Sub Clause 32.1(f)]
Name Position Years of General Years of Specific
Experience Experience

[Tenderer to complete details of as many personnel as are applicable.Each personnel listed above should
complete the Personnel Information (Form PW3-5)]

2.7 Major Construction Equipment proposed to carry out the Contract [ITT Sub Clause
32.1(g)]
Condition Owned, leased or to be
Item of Equipment (new, good, average, purchased
poor) (state owner, lessor or
seller)

[Tenderer to list details of each item of major construction equipment, as applicable]

PW3PW3 85
 JV Partner Information (Form PW3-3)
[This Form should be completed by each JV partner].

Invitation for Tender No: [ IFT No]

Tender Package No: Package No]
Lot No. (when applicable) [ Lot No)]

1. Eligibility Information of the JV Partner [ITT –Clauses 5 & 29]

1.1 Nationality of individual or country
of registration

1.2 JV Partner’s legal title

1.3 JV Partner’s registered address

1.4 JV Partner’s legal status [complete the relevant box]

Proprietorship

Partnership

Limited Liability Concern

Government-owned Enterprise

Others
[please describe, if applicable]
1.5 JV Partner’s year of registration
1.6 JV Partner’s authorised representative details
Name
National ID number
Address
Telephone / Fax numbers
e-mail address
1.7 Litigation [ITT Cause 13]

A. No pending litigation □[if no pending litigation put Tick Mark in Box]

B. Pending litigation
Year Matter in dispute Value of Value of
Pending Claim Pending
in Taka Claim as

PW3PW3 86
 Percentage of
Net Worth

1.8 JV Partner to attach photocopies of

the original documents mentioned
aside [All documents required under ITT Clauses 5 and 29]

The following two information are applicable for national JV Partners only
1.9 JV Partner’s Value Added Tax
Registration (VAT) Number
1.10 JV Partner’s Tax Identification
Number(TIN)
[The foreign JV Partners, in accordance with ITT Sub Clause 5.1, shall provide evidence by a written
declaration to that effect to demonstrate that it meets the criterion]
2. Key Activity(ies) for which it is intended to be joint ventured, if it can be specified [ITT Sub
Clause 18.2]
Elements of Activity Brief description of Activity

3. Qualification Information of the JV Partners[ITT Clause 32]

3.1 General Experience in Construction Works of JV Partners[State years of experience]
3.2 Specific Experience in Construction Works of JV Partners
Completed Contracts of similar nature, complexity and methods/construction technology
Contract No [ insert reference no] of [ insert year]

Name of Contract [insert name]

Role in Contract Prime Contractor Subcontractor Management Contractor

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

Brief description with

justifications of the [state justification in support of its similarity compared to the
similarity compared to the proposed works]
Procuring Entity’s
requirements
3.3 Average annual construction turnover [ITT Sub Clause15.1(a)]
[[total certified payments received for contracts in progress or completed under public sector
for a period as stated under ITT Sub Clause 15.1(a), using rate of exchange at the end of the
period reported]]

PW3PW3 87
 Year Currency Amount
Taka or Equivalent Taka

3.4 Liquid assets available to meet the construction cash flow [ITT Sub Clause 15.1(b)]
No Source of Financing Amount Available

In order to confirm the above statements the JV Partners shall submit , as applicable, the documents
mentioned in ITT Sub Clause 32.1(d)
3.5 Contact Details [ITT Sub Clause 32.1 (h) ]
Name, address, and other contact details of JV Partner’s Bankers and other Procuring
Entity(s) that may provide references, if contacted by this Procuring Entity

3.6 Qualifications and experience of key technical and administrative personnel proposed for
Contract administration and management [ITT Sub Clause 32.1(f)]
Name Position Years of General Years of Specific
Experience Experience

[JV Partners to complete details of as many personnel as are applicable.Each personnel listed above should
complete the Personnel Information (Form PW3-5)]

3.7 Major Construction Equipment proposed to carry out the Contract [ITT Sub Clause
32.1(g)]
Condition Owned, leased or to be
Item of Equipment (new, good, average, purchased
poor) (state owner, lessor or
seller)

[Tenderer to list details of each item of major construction equipment, as applicable]

PW3PW3 88
 Subcontractor Information (Form PW3-4)
[This Form should be completed by each Subcontractor, preferably on its Letter-Head Pad]

Invitation for Tender No: [IFT No]

Tender Package No [Package No]
Lot No. (when applicable) [Lot No]

1. Eligibility Information of the Subcontractor [ITT –Clauses 5& 29]

1.1 Nationality of Individual or country
of Registration

1.2 Subcontractor’s legal title

1.3 Subcontractor’s registered address

1.4 Subcontractor’s legal status [complete the relevant box]

Proprietorship

Partnership

Limited Liability Concern

Government-owned Enterprise

Other
(please describe)
1.5 Subcontractor’s year of registration
1.6 Subcontractor’s authorised
representative details
Name
Address
Telephone / Fax numbers
e-mail address
1.7 Subcontractor to attach copies of All documents to the extent relevant toITT Clause 5
the following original documents and 29 in support of its qualifications
The following two information are applicable for national Subcontractors
1.8 Subcontractor’s Value Added Tax
Registration (VAT) Number
1.9 Subcontractor’s Tax Identification
Number(TIN)
[The foreign Subcontractors , in accordance with ITT sub Clause 5.1, shall provide evidence by a

PW3PW3 89
written declaration to that effect to demonstrate that it meets the criterion]
2. Key Activity(ies) for which it is intended to be Subcontracted [ITT Sub Clause 19.1]
2.1 Elements of Activity Brief description of Activity

2.2 List of Similar Contracts in which the proposed Subcontractor had been engaged
Name of Contract
and Year of
Execution
Value of Contract
Name of Procuring
Entity
Contact Person and
contact details
Type of Work
performed

PW3PW3 90
 Personnel Information (Form PW3-5)
[This Form should be completed for each person proposed by the Tenderer in Form PW3-2 & PW3-3, where
applicable]

Invitation for Tender No: [IFT No]

Tender Package No [Package No]
Lot No. (when applicable) [Lot No]

A. Proposed Position (tick the relevant box)

 Construction Project Manager  Prime Candidate  Alternative Candidate

 Key Personnel  Prime Candidate  Alternative Candidate

B. Personal Data

Name

Date of Birth

Years overall experience

National ID Number

Years of employment with the Tenderer

Professional Qualifications:
1.

C. Present Employment [to be completed only if not employed by the Tenderer]

Name of Procuring Entity

(working under):

Address of Procuring Entity

(working under):

Present Job Title:

Years with present Procuring Entity:

Tel No: Fax No: e-mail address:

Contact [manager/personnel officer]:

D. Professional Experience

Summarise professional experience over the past twenty years, in reverse chronological order. Indicate
particular technical and managerial experience relevant to the project.

Company / Project / Position / Relevant technical and management

From To
experience.

PW3PW3 91
 Tenderer’s Past Performance Information (Form PW3-5A)
Invitation for Tender No: IFT No]
Tender Package No: [ Package No]
Lot No (when applicable) [Lot No)]
Date of IFT Publication:
Name of the Tenderer:
[Note: If the Tenderer is a JV, each partners of the JV (Lead & Others) have to fill the
form separately]
Name of JV Partner (If the tender is JV):
Business Share of JV Partner:
Role in JV [Lead/other]:

(A) List of Successfully Completed Contract during the last 5 years from IFT Date
under the organization of the Procuring Entity inviting tender:
SL Name of Works Contract Value of works Date of actual
No Contract completion
1
2
3

(B) List of On-Going Works / Current Commitment Under any Organization:

SL Name of On-Going Value of Date of Date of Name of
No Works and Current the work Signing completion Organization
Commitments Contract of contract
1
2
3

PW3PW3 92
 Tenderer’s Capacity Information (Form PW3-5B)
Invitation for Tender No: IFT No]
Tender Package No: [ Package No]
Lot No (when applicable) [Lot No)]
Date of IFT Publication:
Name of the Tenderer:
[Note: If the Tenderer is a JV, each partners of the JV (Lead & Others) have to fill the
form separately]
Name of JV Partner (If the tender is JV):
Business Share of JV Partner:
Role in JV [Lead/other]:

List of certified payment for ongoing or Completed Contract under any

government Organization for the year in which maximum value of work
performed within 5 years from IFT Date.
SL Name of Works contract Value of Date of Date of
No Contract Signing completion of
Contract contract
1
2
3
4

PW3PW3 93
 Bank Guarantee for Tender Security (Form PW3-6)
[This is the format for the Tender Security to be issued by any scheduled Bank of Bangladesh in accordance with
ITT Clause 35 & 36]

Invitation for Tender No: Date:

Tender Package No:

Lot No (when applicable)

To:

[Name and address of the Procuring Entity]

TENDER GUARANTEE No: [insert number]

We have been informed that [name of Tenderer] (hereinafter called “the Tenderer”) intends to
submit to you its Tender dated [date of Tender] (hereinafter called “the Tender”) for the
execution of the Works of [description of works] under the above Invitation for Tenders
(hereinafter called “the IFT”).

Furthermore, we understand that, according to your conditions, the Tender must be supported
by a Bank Guarantee for Tender Security.

At the request of the Tenderer, we [name of Bank] hereby irrevocably unconditionally undertake
to pay you, without cavil or argument, any sum or sums not exceeding in total an amount of Tk
[insert amount in figures and words] upon receipt by us of your first written demand
accompanied by a written statement that the Tenderer is in breach of its obligation(s) under the
Tender conditions, because the Tenderer:

a. has withdrawn its Tender after opening of Tenders but within the validity of the Tender
Security; or
b. refused to accept the Notification of Award (NOA) within the period as stated under ITT;
or
c. failed to furnish Performance Security within the period stipulated in the NOA; or
d. refused to sign the Contract Agreement by the time specified in the NOA; or
e. did not accept the correction of the Tender price following the correction of the arithmetic
errors as stated under ITT.

This guarantee will expire

(a) if the Tenderer is the successful Tenderer, upon our receipt of a copy of the Contract
Agreement signed by the Tenderer or a copy of the Performance Security issued to
you in accordance with the ITT; or
(b) if the Tenderer is not the successful Tenderer, twenty-eight (28) days after the
expiration of the Tenderer’s Tender Validity period, being [date of expiration of the
Tender Validity plus twenty-eight (28) days ].

Consequently, we must receive at the above-mentioned office any demand for payment under
this guarantee on or before that date.

Signature Signature

PW3PW3 94
Letter of Commitment for Bank’s Undertaking for Line of Credit
(Form PW3-7)
[This is the format for the Credit Line to be issued by any scheduled Bank of Bangladesh in accordance with ITT
Clause 32.1(d)]

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 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

PW3PW3 95
 Notification of Award (Form PW3-8)
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 Clause 64
ii. furnish a Performance Security in the form as specified and in the amount of
Tk [state amount in figures and words] ,within fourteen (14) days of
acceptance of this Notification of Award but not later than (specify date), in
accordance with ITT Clause 65 & 66.
iii. sign the Contract within twenty-eight (28)days of issuance of this Notification
of Award but not later than (specify date), in accordance with ITT Clause
70.

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:

PW3PW3 96
 Contract Agreement (Form PW3-9)
THIS AGREEMENT made the [day] day of [month][year] 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 and the Appendix to the Tender
(d) the Particular Conditions of Contract
(e) the General Conditions of Contract
(f) the Technical Specifications
(g) the General Specifications
(h) the Drawings
(i) the priced BOQ 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 For the Contractor

Signature

Name

National ID No.
Title

In the presence of Name

Address

PW3PW3 97
 Bank Guarantee for Performance Security (Form PW3-10)
[This is the format for the Performance Security to be issued by any scheduled Bank of Bangladesh in
accordance with ITT Clause 65, 66, 67 & 68]

Contract No: [insert reference number] Date: [insert date]

To:

[ insert Name and address of Procuring En-

tity]

PERFORMANCE GUARANTEE No: [insert number]

We have been informed that [name of Contractor] (hereinafter called “the Contractor”) has
undertaken, pursuant to Contract No [insert reference number of Contract] dated [insert date of
Contract] (hereinafter called “the Contract”), the execution of works [description of works] under
the Contract.

Furthermore, we understand that, according to your conditions, the Contract must be supported
by a Bank Guarantee for Performance Security.

At the request of the Contractor, we [name of Bank] hereby irrevocably unconditionally

undertake to pay you, without cavil or argument, any sum or sums not exceeding in total an
amount of Tk [insert amount in figures and in words] upon receipt by us of your first written
demand accompanied by a written statement that the Contractor is in breach of its obligation(s)
under the Contract conditions, without you needing to prove or show grounds or reasons for your
demand of the sum specified therein.

This guarantee is valid until [date of validity of guarantee], consequently, we must receive at the
above-mentioned office any demand for payment under this guarantee on or before that date.

Signature Signature

PW3PW3 98
 Bank Guarantee for Advance Payment (Form PW3-11)
[This is the format for the Advance Payment Guarantee to be issued by any scheduled Bank of Bangladesh in
accordance with GCC Clause 73]

Contract No: [insert reference number] Date: [insert date]

To:

[insert Name and address of the Procuring

Entity]

ADVANCE PAYMENT GUARANTEE No: [insert number]

We have been informed that [name of Contractor] (hereinafter called “the Contractor”) has
undertaken, pursuant to Contract No [insert reference number of Contract] dated [insert date of
Contract] (hereinafter called “the Contract”), the execution of works [description of works] under
the Contract.

Furthermore, we understand that, according to your Conditions of Contract under GCC Clause
75, the Advance Payment on Contract must be supported by a Bank Guarantee.

At the request of the Contractor, we [insert name of Bank] hereby irrevocably unconditionally
undertake to pay you, without cavil or argument, any sum or sums not exceeding in total an
amount of Tk [insert amount in figures and in words] upon receipt by us of your first written
demand accompanied by a written statement that the Contractor is in breach of its obligation(s)
under the Contract conditions, without you needing to prove or show grounds or reasons for your
demand of the sum specified therein.

We further agree that no change, addition or other modification of the terms of the Contract to be
performed, or of any of the Contract documents which may be made between the Procuring
Entity and the Contractor, shall in any way release us from any liability under this guarantee, and
we hereby waive notice of any such change, addition or modification.

This guarantee is valid until [insert date of validity of guarantee], consequently, we must receive
at the above-mentioned office any demand for payment under this guarantee on or before that
date.

Signature Signature

PW3PW3 99
 Bank Guarantee for Retention Money Security(Form PW3-12)
[This is the format for the Retention Money Guarantee to be issued by any scheduled Bank of Bangladesh in
accordance with GCC Clause 70]

Demand Guarantee

[Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary:[insert Name and Address of the Procuring Entity]

Date: [insert date]

RETENTION MONEY GUARANTEE No.: [insert number]

We have been informed that [insert name of Contractor] (hereinafter called "the Contractor") has
entered into Contract Number [insert reference number of the Contract] dated [insert date] with you,
for the execution of [insert name of Contract and brief description of Works] (hereinafter called "the
Contract").

Furthermore, we understand that, according to the conditions of the Contract, when the Taking-Over
Certificate has been issued for the Works and the first half of the Retention Money has been certified
for payment, payment of Tk. [insert the amount of the second half of the Retention Money] which
becomes due after the Defects Liability Period has passed and certified in the form of Defects
Correction Certificate, is to be made against a Retention Money Guarantee.

At the request of the Contractor, we [insert name of Bank] hereby irrevocably unconditionally
undertake to pay you any sum or sums not exceeding in total an amount of Tk. [insert amount in
figures] (Taka [insert amount in words]) upon receipt by us of your first demand in writing
accompanied by a written statement stating that the Contractor is in breach of its obligation under the
Contract because the Contractor failed to properly correct the defects duly notified in respect of the
Works.

It is a condition for any claim and payment under this guarantee to be made that the payment of the
second half of the Retention Money referred to above must have been received by the Contractor on
its account number[insert A/C no] at [name and address of Bank].

This guarantee is valid until [insert the date of validity of Guarantee that being twenty-eight (28)
days beyond the Defects Liability Period]. Consequently, we must receive at the above-
mentioned office any demand for payment under this guarantee on or before that date.

Signature Signature

PW3PW3 100
PW3PW3 101
 Section 6. Bill of Quantities

Guidance Notes on the Bill of Quantities

Objectives

The objectives of the Bill of Quantities (BOQ) are;

(a) to provide sufficient information on the quantities of Works to be performed to

enable Tenders to be prepared efficiently and accurately; and

(b) when a Contract has been entered into, to provide a priced BOQ for use in the
periodic valuation of Works executed.

In order to attain these objectives, the items in the BOQ 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 BOQ. 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 BOQ 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 BOQ, where applicable,
and otherwise at such rates or prices as the Project Manager may fix within the terms and
conditions of the Contract.

The method of measurements of completed works for payment shall be based on metric
system unless otherwise unavoidable.

A sample format has been suggested.

PW3PW3 102
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 and premiums for banking and insurances, as
applicable and, thus forth the total Tender Price quoted by the Tenderers
Daywork Schedule
A Daywork Schedule is commonly used in contracts where the likely incidence of
unforeseen work cannot be covered by definitive descriptions and approximate quantities
in the BOQ. A Daywork Schedule should therefore be included only if the probability of
unforeseen work, outside the items included in the BOQ, is high. To facilitate checking by
the Procuring Entity of the realism of rates quoted by the Tenderers, the Daywork
Schedule should normally comprise the following:
(a) a list of the various classes of labour, materials, and construction plant for
which basic Daywork unit rates or prices are to be quoted by the Tenderer,
together with a statement of the conditions under which the Contractor will be
paid for work executed on a Daywork basis.
(b) quantities for each item of Daywork, to be priced or quoted by each Tenderer
at Daywork rates as Tender.
If a Daywork Schedule is to be included at all in the Tender Document, it shall include
nominal quantities against the items most likely to be used and the unit rates or prices
quoted by the Tenderer shall remain invariable whatever the quantities ordered .
A sample format of the Schedule has been suggested.
Provisional Sums
A general provision for physical contingencies (quantity overruns) or for meeting other
essential expenditures may be made by including a provisional sum in the Summary BOQ.
Similarly, a contingency allowance for possible price increases should be provided as a
provisional sum in the Summary BOQ. The inclusion of such provisional sums often
facilitates budgetary approval by avoiding the need to request periodic supplementary
approvals as the future need arise.
A sample format has been suggested.
Correction of Errors
If in preparing BOQ of its Tender, the Tenderer has made errors in the unit rates or prices
or the total price, and wishes to correct such errors prior to submission of its Tender, it
may do so, but shall ensure that each correction of error is properly initialled by the
authorised person of the Tenderer and that a statement shall be made as to the total
number of such corrections made, at the end of the priced BOQ.
The Procuring Entity shall ensure that the following note is added at the end of each page
of the BOQ.
“This BOQ contains [state number] corrections duly initialled and signed by the authorised
person of the Tenderer”.

THIS GUIDANCE NOTES FOR PREPARING A BILL OF QUANTITIES ARE INTENDED

ONLY AS INFORMATION FOR THE PROCURING ENTITY OR THE PERSON
DRAFTING THE TENDER DOCUMENT. THIS SHOULD NOT BE INCLUDED IN THE
FINAL DOCUMENT

PW3PW3 103
 Bill of Quantities
Name of Works:___________________________________________________________
IFT No.____________ Package No.______________Lot No._________

Item Code Description of Unit Rate Amount

Item no. Unit Quantity
(if any) Item In figures In words In figures In words
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] [example] Five and [example] Thousand Nine
maximu ample Paisa Hundred Thirty
m...... Fifteen and Paisa Twenty
[example Only Five Only
] [example] [example]
102
103
& so on
Sub-total of 100 for General Items

200 Preliminary Items

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

300 Main Items

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

400 Other Items

401
& so on
Sub-total of 400 for Other Items
500 Misc. Items
501

502

& so on
Sub-total of 500 for Misc. Items
GRAND TOTAL

This BOQ 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 and premiums for banking and
insurances, as applicable and thus forth the total Tender Price quoted by the Tenderers.

3. Follow the Guidance notes under Section 6 in filling this Schedule.

PW3PW3 104
 Schedule of Dayworks
Name of Works:___________________________________________________________
IFT No.____________ Package No.______________Lot No._________
N Unit Rate Amount
Item Code Description
Item no. Unit ominal
(if any) of Item In figures In words In words
Quantity
In 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
A. DL 100 LABOUR
DL 101 01-013-02 Labourer Hour 1575

DL 102 Mason Hour 520

DL 103 Carpenter Hour 300

& so on & so on
above are examples only

Sub-total of 100 for DL 100 LABOUR:

B. DM 200 MATERIALS

DM 201 Stone m3
Boulders
DM 202 Cement kg

DM 203 GI Pipe m

& so on

above are examples only

Sub-total of 200 for DM 200 MATERIALS:

C. DE 300 CONTRACTOR’S EQUIPMENTS

DCE 301 Excavator Hour

DCE 302 Tractor Hour

DCE 303 Pay loader Hour

& so on
above are examples only

Sub-total of 300 for DCE 300 CONTRACTOR’S

EQUIPMENT :

GRAND TOTAL OF DAYWORKS (A to C) [ Section 6 ; GCC Sub Clause 76 ]

Note:

1. Nominal quantities in the schedule shall remain invariable and shall also require prior approval of the authority
sanctioning the official estimate.
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 and premiums for banking
and insurances, as applicable and thus forth the total Tender Price quoted by the Tenderers 3. Follow the
Guidance Notes under Section 6 in filling this Schedule.

PW3PW3 105
 Daywork Summary

Name of Works: ___________________________________________________________

IFT No.____________ Package No.______________Lot No._________

Classification of Dayworks Amount

1. Total for Daywork: Labour
2. Total for Daywork: Materials
3. Total for Daywork: Contractor’s Equipment
TOTAL FOR DAYWORKS
In Figures

In Words

__________________________________________________________________________
_

Note:
This Summary refers to Schedule of Dayworks

PW3PW3 106
 Summary of Provisional Sums
Name of Works:___________________________________________________________
IFT No.____________ Package No.______________Lot No._________

Item No Description of Specified Provisional Sums Amount

Provisional Sums for Supply and Installation of BDT 1,25,000.00
Equipment in Pumping Station by [insert the [Subcontracted amount + percentage as in
PCC Clause 75.2]
name of the Nominated Subcontractor(s)]

[example ] [example ]

Provisional Sums for physical contingencies or Tk. 150,000.00

meeting other expenditures [Amount authorized in official estimate
but must be ≤ 1% of Contract Price]
[example ] [example ]

TOTAL FOR PROVISIONAL SUMS

__________________________________________________
_________________________

Note:

1. Provisional Sums for meeting expenditures may not exceed one (1) percent of the estimated Contract Price and
its inclusion in the BOQ shall also require prior approval of the authority sanctioning the official estimate.
2. Follow the Guidance Notes under Section 6 in filling this Schedule.

PW3PW3 107
 Grand Summary

Name of Works:___________________________________________________________
IFT No.____________ Package No.______________Lot No._________

Contract Name: ___________________________ Contract

No.:______________________________

General Summary Reference Amount

1. 100 General Items
2. 200 Preliminary Items
3. 300 Main Items
4. 400 Other Items
5. 500 Misc. Items
6. Dayworks
Subtotal of (1-6):
7. Provisional Sums [GCC Sub Clause 75]
In figures
TOTAL CONTRACT PRICE FOR THE WORKS (1-7)
In words

PW3PW3 108
 Section 7. General Specifications

Notes on Specifications

A set of precise and clear specifications is a prerequisite for Tenderers to respond realistically and
competitively to the requirements of the Procuring Entity without introducing deviations or
conditionalities in their Tenders. In the context of national competitive Tendering, the specifications
must be drafted to permit the widest possible competition and, at the same time, present a clear
statement of the required standards of workmanship, materials, and performance of the works to
be procured. Only if this is done will the objectives of economy, efficiency, and fairness in
procurement be realized, responsiveness of Tenders be ensured, and the subsequent task of
Tender evaluation facilitated. The specifications should require that all goods and materials to be
incorporated in the Works be new, unused, of the most recent or current models, and incorporate
all recent improvements in design and materials, unless provided otherwise in the Contract.

Samples of specifications from previous similar projects are useful in this respect. Most
specifications are normally written specially by the Procuring Entity or Project Manager to suit the
Contract Works in hand. There is no standard set of Specifications for universal application in all
sectors, but there are established principles and practices, which are reflected in these documents.

There are considerable advantages in standardizing General Specifications for repetitive Works in
recognized public sectors, such as highways, ports, railways, urban housing, flood control,
drainage and irrigation, and water supply, where similar conditions prevail. The General
Specifications should cover all classes of workmanship, materials, and equipment commonly used
in construction, although not necessarily to be used in a particular Works Contract. Deletions or
addenda should then adapt the General Specifications to the particular Works. Such General
Specifications are those issued by the specialised ministries/professional bodies in Bangladesh
and/or those of the International Standards Organisation (ISO)

Care must be taken in drafting specifications to ensure that they are not restrictive. In the
specification of standards for goods, materials, and workmanship, recognized national standards
should be used as much as possible. Where other particular standards are used the specifications
should state that goods, materials, and workmanship that meet other authoritative standards, and
which ensure substantially equal or higher quality than the standards mentioned, will also be
acceptable.

Provision as such be kept that wherever reference is made in the Contract to specific standards
and codes to be met by the goods and materials to be furnished, and work performed or tested, the
provisions of the latest current edition or revision of the relevant standards and codes in effect shall
apply, unless otherwise expressly stated in the Contract.

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.

PW3PW3 109
 Section 8. Particular Specifications

Notes on Particular Specifications

If an item of the Works is not covered in the General Specifications or if any specification clause
requires that further details as to precise requirements for the particular Works are to be given or
needs to be modified or clarified then these should be reflected in the Particular Specifications.
Where the Particular Specification clause replaces or clarifies an existing clause of the General
Specification then the same clause numbering system need to be followed.

PW3PW3 110
 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.

PW3PW3 111
 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 39.1 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
(iii) the advance payment has been made(delete if not appropriate).

You are therefore requested to:

1. Commence execution of the Works, in accordance with GCC Sub Clause

1.1(nn), within(specify date);
2. Submit Insurance Policy Documents, in accordance with GCC Sub Clause
36.2, within (specify date)
3. Submit Programme of Works, in accordance with GCC Sub Clause 41.1,
within (specify date)

Signed

Duly authorised to sign for and on behalf of

[name of Procuring Entity]

Date:

PW3PW3 112
 FORMAT
LOGO
[Insert Full Contact Details of the Procuring Entity]

CONTRACT AMENDMENT
Contract No.
Amendment No.
Approval Reference No.

Contract No. [insert number/year] by and between the [insert Procuring Entity’s name] and [insert
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

PW3PW3 113
 FORMAT
LOGO
[Insert Full Contact Details of Issuing Authority]

Office Memo no: _________ Date: _________

COMPLETION CERTIFICATE

0 Procuring Entity Details

1 (a) Division :
(b) Circle/Directorate :
(c) Zone/Region :
(d) Others (specify) :
0 Name of Works :
2
0 Contract No :
3
0 Contractor’s Legal Title :
4
0 Contractor’s Contact Details :
5
0 Contractor’s Trade :
6 License/Enlistment/Registration
Details
0 Reference to NOA with Date :
7
0 Original Contract Price as in NOA :
8
0 Final Contract Price as Executed :
9
1 Original Contract Period
0 (a) Date of Commencement :
(b) Date of Completion :
1 Actual Implementation Period
1 (a) Date of Actual Commencement :
(b) Date of Actual Completion :
1 Days/Months Contract Period :
2 Extended
1 Amount of Bonus for Early :
3 Completion
1 Amount of LD for Delayed :
4 Completion
1 Physical Progress in Percent :
5 (in terms of value)
1 Financial Progress in Amount :
6 (in terms of payment)
1 Special Note (if any) :
7

PW3PW3 114
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
please turn over

Details of Works Completed

Contractor: [insert legal title]
No Major Components of Works Total Value
(in Contract Currency)

Joint Venture
[delete, if not appropriate]
Leading Partner: [insert legal title]
No Components/Activities Value
[reference drawn to JV Partner Information]
(in Contract Currency)

Co-partner: [insert legal title]

No Components/Activities Value
[reference drawn to JV Partner Information]
(in Contract Currency)

Co-partner: [insert legal title]

No Components/Activities Value
[reference drawn to JV Partner Information]
(in Contract Currency)

Note: Figures shown must correspond to Total Value

Sub-contractor
[delete, if not appropriate]
Named Sub-contractor: [insert legal title]
[delete, if not appropriate]
No Components/Activities Value
[reference drawn to Sub-contractor Information]
(in Contract Currency)

Nominated Sub-contractor: [insert legal title]

[delete, if not appropriate]
No Components/Activities Value

PW3PW3 115
 [reference drawn to PCC of Contract Document] (in Contract Currency)

__________________________________________________
Name and Signature of the Issuing Authority with Designation

Tenderer’s Past Performance processing (Form PW3-PPP)

Invitation for Tender No: IFT No]
Tender Package No: [ Package No]
Lot No (when applicable) [Lot No)]
Date of IFT Publication:
Name of the Tenderer:
Name of JV Partners and their business share (If the tender is JV):
Official Cost Estimate of the tender:

(A) List of Successfully Completed Contract during the last 5 years from IFT Date
under the organization of the procuring entity inviting tender and business share
value of the tenderer is less than or equal to 75% of the official cost estimate of
the tender.
SL Name of Works Value of work
No
1
2
3
[In case of tenderer is a JV, the list is the aggregation of the completed contracts of
all JV partners]

(B) List of On-Going works / Current Commitment of the tenderer under any
Organization.
SL Name of On-Going Works Contract and Business Share Value of work
No Current Commitments
1
2
3
[In case of tenderer is a JV, the list is the aggregation of the on-going works/current
commitments of all JV partners]

PW3PW3 116
 Tenderer’s Past Performance Evaluation (Form PW3-PPE)
Invitation for Tender No:
Tender Package No:
Lot No (if applicable):
Date of IFT Publication:
Official Cost Estimate of the tender:

A C
Score 1= ×140 Score 2= ×100 E
B D Score 3= × 60
F
A= Number of Completed C= Value of Completed E= Value of On-Going Contracts
Contracts of the Tenderer Contracts of the Tenderer of the Tenderer
B= Highest Number of D= Highest Value of F= Highest Value of On-
Completed Contracts among Completed Contracts among Going Contracts among the
the Tenderers the Tenderers Tenderers

B=
D=
F=
SL Name of the A Score 1 C Score 2 E Score 3 Total Score=
No Tenderer =140* =100* =60* Score 1+
( A/B) (C/D) (E/F) Score 2+
Score 3
1
2
3

Winner:
Notes:
1. In case of the Tenderer is a JV, the Contract Number and the value shall be
multiplied by the business share of the JV partner and added.
2. If the total score of all the tenderer is zero then the tender shall be recommended
for re-tender.
3. In case of highest equal total score, the winner shall be selected according to
score 1, If score 1 is equal then the winner shall be selected according to score 2.
Otherwise all tenders shall be rejected for retender.

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 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 >
21 Place / Date / Time of < type in name >
Pre-Tender Meeting (Optional) Date Time
< select > V < select > V
INFORMATION FOR TENDERER
22 Brief Eligibility and Qualification of Tenderer < type in name >
23 Brief Description of Works < type in name >
24 Brief Description of Physical Services < type in name >
25 Price of Tender Document (Tk) < type in price >
Lot No Identification of Lot Location Tender Security Completion Time in
Amount (Tk) Weeks/Months
26 1 < type in name > < type in name > <type in> <type in>
27 2 < type in name > < type in name > <type in> <type in>
28 3 < type in name > < type in name > <type in> <type in>
29 4 < type in name > < type in name > <type in> <type in>
30 Name of Official Inviting Tender < type in name >
31 Designation of Official Inviting Tender < type in name >
32 Address of Official Inviting Tender < type in name >
33 Contact details of Official Inviting Tender < Tel. No. > < Fax No. > < e-mail >
34 The Procuring Entity reserves the right to reject all the Tenders or annul the Tender proceedings
<select> : these fields are “pop-up” fields and the 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.
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.

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