8 CHAPTER 8: TENDER DOCUMENT

TENDER NOTICE

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 TENDER SCHEDULE

8.2.1 Section-01

General

Scope of Tender The Procuring Entity, as indicated in the Tender Data Sheet
(TDS) issues this Tender Document for the procurement of
Works and associated 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.
The successful Tenderer shall be required to execute the

works and
Interpretation physical
Contract services as specified in the General Conditions of
Throughout this Tender Document:

the term “in writing” means communication written by hand

or
machine duly signed and includes properly authenticated
messages
by facsimile or electronic mail;

if the context so requires, singular means plural and vice

versa;

“day” means calendar days unless otherwise specified as

working
days;
“Person” means and includes an individual, body of

individuals, sole
proprietorship, partnership, company, association or
cooperative
society that wishes to participate in Procurement
Source of Funds
proceedings; “Tenderer” means a Person who submits a

Tender; “Tender Document” means the Document provided

by a Procuring
Entity
and to a Tenderer as a basis for preparation of the Tender;
“Tender” depending on the context, means Page
a Tender
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submitted by a
Tenderer for execution of Works and Physical Services to a
For the purpose of this provision, “private funds” means any
monetary resources appropriated to Procuring Entities under
Own budget, or loan, grants and credits placed at the
disposal of Procuring Entities.
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.

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Corrupt, Fraudulent, The Government requires that Procuring Entities, as well as
Collusive or Coercive Tenderers and Contractors shall observe the highest
Practices standard of ethics during implementation of procurement
proceedings and the execution of Contracts under public
funds.

For the purposes of ITT Sub Clause 4.3, the terms set forth below
as follows:
“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;

“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;

“collusive practice” means a scheme or arrangement between

two (2) or more Persons, with or without the knowledge of the
Procuring Entity,
arbitrarily reducethat
the is designed to
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; or

“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.

“obstructive practice” 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

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matters relevant to the investigation or from pursuing the
investigation.

Should any corrupt, fraudulent, collusive, coercive or

obstructive
practice of any kind come to the knowledge of the Procuring
Entity,
it will, in the first place, allow the Tenderer to provide an

explanation
and
not shall, take actions only when a satisfactory explanation is
received. Such exclusion and the reasons thereof, shall be

recorded
in the record of the procurement proceedings and promptly
communicated to the Tenderer concerned. Any

communications
between
matters ofthe Tenderer and the Procuring Entity related to
alleged corrupt, fraudulent, collusive, coercive, or obstructive
practices shall be in writing.
If corrupt, fraudulent, collusive, coercive or obstructive

practices of
any kind is determined by the Procuring Entity against any
Tenderer
or Contractor in competing for, or in executing, a contract

under
public fund, the Procuring Entity shall :
exclude the concerned Tenderer from further participation in

the
concerned procurement proceedings;
reject any recommendation for award that had been

proposed for that

concerned Tenderer; and
declare, at its discretion, the concerned Tenderer to be

ineligible to
participate
indefinitely orin further Procurement proceedings, either
for a specific period of time. The Tenderer shall be aware of

the provisions on corruption, Page | 105

fraudulence, collusion, coercion and obstruction as stated in
GCC
Clause 39 and 89.1(b)(vii)
Eligible Tenderers This Invitation for Tenders is open to all potential Tenderers
from all countries, except for any specified in the TDS.
A Tenderer 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, Consortium or Association (JVCA)
invited
invited to take part in public procurement or seeking to be so
or submitting a Tender in response to an Invitation for

Tenders. A 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.
The Tenderer shall have the legal capacity to enter into the

Contract.

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.
The Tenderer in its own name or its other names or also in the

case
of its Persons in different names, shall not be under a
declaration of
ineligibility for corrupt, fraudulent, collusive, coercive, or

obstructive
practices as stated under ITT Sub Clause 4.4.
The Tenderer with a poor performance, consistent history of
litigation
to or arbitration awards against it shall not be eligible
Tender. The Tenderer shall not be insolvent, be in

receivership, be bankrupt, Page | 106

be in
from the process of bankruptcy, be not temporarily barred
undertaking business and it shall not be the subject of legal
proceedings for any of the foregoing.
 These requirements for eligibility will extend, as applicable, to each
JVCA partner and Subcontractor proposed by the Tenderer.

Eligible Materials, All materials, equipment and associated services to be supplied under
Equipment and the Contract are from eligible sources, unless their origin is from a
Associated Services country specified in the TDS.

For the purposes of this Clause, “origin” means the place where the
Materials and Equipments are mined, grown, cultivated, produced or
manufactured or processed, or through manufacturing, processing,
or assembly, 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.

The origin of materials and equipment and associated services is

distinct from the nationality of the Tenderer.
Site Visit The Tenderer is 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 Tenderer and any of its personnel or agents will be granted
permission by the Procuring Entity to enter into its premises and
lands for the purpose of such visit, but only upon the express
condition that the Tenderer, its personnel, and agents will release and
indemnify the Procuring Entity and its personnel and agents from
and against all liability in respect thereof, and will be responsible for
death or personal injury, loss of or damage to property, and any other
loss, damage, costs, and expenses incurred as a result of the
inspection.

The Tenderer should ensure that the Procuring Entity is informed of

the visit in adequate time to allow it to make appropriate
arrangements.

The costs of visiting the Site shall be at the Tenderer’s own expense.

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B. Tender Document

Tender Document: The Sections comprising the Tender Document are listed below, and
General 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

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 stated in
the TDS.
The Tenderer is expected to examine all instructions, forms, terms,
and specifications in the Tender Document as well as in addendum
to Tender, if any.

Clarification of Tender A prospective Tenderer requiring any clarification of the Tender

Document Document shall contact the Procuring Entity in writing at the
Procuring Entity’s address and within time as indicated in the TDS.

A Procuring Entity is not obliged to answer any clarification request

received after that date as stated under ITT Sub Clause 9.1.
The Procuring Entity shall respond in writing within five (5)
working
received days of receipt of any such request for clarification
under ITT Sub Clause 9.1. 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.

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 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 and ITT Sub
Clause 42.2.
Pre-Tender Meeting
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
to TDS. All potential Tenderers are encouraged and invited
attend the meeting, if it is held. The Tenderer is requested to

submit any questions in writing so as

to
thereach
date the Procuring Entity no later than one day prior to
of the meeting. 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
listed inthe meeting. Any revision to the Tender document
Addendum to Tender AtITT
anySub-Clause
time prior to
8.1the
thatdeadline for submission
may become necessaryofas
Tenders,
a resultthe
of
Document Procuring Entity, on its own initiative or in response to an
inquiry
the in
writing from
pre-Tender a Tenderer,
meeting having
will be made purchased
by the Procuringthe Tender
Entity
exclusively
Document, through the issue of an Addendum pursuant to
or
ITTasSub
a result of a Pre-Tender meeting may revise the Tender
Document
Clause by issuing an Addendum. The Addendum issued
meeting.11 and not through the minutes of the Pre-Tender
under ITT Sub Clause
Non-attendance 11.1
at the shall become
Pre-Tender an will not be a
meeting
integral
and an part of the Tender Document and shall have a date
cause for
issue number and must be circulated by fax, mail or e-mail,
disqualification of a Tenderer.
to
Tenderers
within threewho have purchased the Tender Documents,
(3) working days of issuance of such Addendum, to enable
Tenderers to take appropriate action.
The Tenderers will acknowledge receipt of an Addendum
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within
three (3) working days.
 Procuring Entities shall also ensure posting of the relevant
addenda with the reference number and date on their
websites including notice boards, where the Procuring
Entities had originally posted the IFTs.
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.
If an addendum is issued when time remaining is less than

one-third
of the time allowed for the preparation of Tenders, a
Procuring
Entity at its discretion shall extend the deadline by an

appropriate
number
upon theof days for the submission of Tenders, depending
nature of the Procurement requirement and the addendum.
C. Qualification Criteria
In any
General Criteria The Tenderer shall possess the necessary professional and technical
case,
than the minimum time for such extension shall not be less
qualifications and competence, financial resources, equipment and
three (3) working days.
other physical facilities, managerial capability, specific experience,
reputation, and the personnel, to perform the contract.

To qualify for multiple number of contracts/lots in a package

made
up of this
tenders are and other individual contracts/lots for which
invited in the Invitation for Tenders, the Tenderer shall
Litigation History
demonstrate
having resources and experience sufficient to meet the
aggregate of
Experience Criteria the qualifying criteria for the individual contracts. Litigation

history shall comply with the requirement as specified in

ITT 15.1(c).
The Tenderer shall have the following minimum level of
construction experience to qualify for the performance of the
Works
under the Contract: Page | 110
 a minimum number of years of general experience in the
construction of works as Prime Contractor or Subcontractor
or Management Contractor as specified in the TDS; and
Specific experience as a Prime Contractor or Subcontractor

or
Management Contractor in construction works of a nature,
complexity and methods/construction technology similar to

Financial Criteria the

proposed Works in at least a number of contract(s) and of a
minimum value over the period, as specified in the TDS. The

Tenderer shall have the following minimum level of financial

capacity
the to qualify for the performance of the Works under
Contract. the average annual construction turnover as

specified in the TDS

during the period specified in the TDS;
availability of minimum liquid assets or working capital or

credit
facilities, as specified in the TDS; and
satisfactory resolution of all claims, arbitrations or other
Personnel Capacity The Tenderer shall have the following minimum level of
litigation
personnel
cases and shall not have serious negative impact on the
financial
capacity
the to qualify for the performance of the Works under
capacity of the Tenderer.
Contract: a Construction Project Engineer, Engineers, and

other key staff with

qualifications and experience as specified in the TDS;
Equipment Capacity The Tenderer 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.
Joint Venture, The Tenderer may participate in the procurement proceedings
Consortium or forming a Joint Venture, Consortium or Associations (JVCA) by an
Association (JVCA) agreement, executed case by case on a non judicial stamp of value
as stated in TDS or alternately with the intent to enter into such an
agreement supported by a Letter of Intent along with the proposed

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