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Goods Procurement Process for

National Competitive Tendering (NCT)


STD–PG3
Threshold: Above 25 lac

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Sections

Section 1: Instructions to Tenderers (ITT)


Section 2: Tender Data Sheet (TDS)
Section 3: General Conditions of Contract (GCC)
Section 4: Particular Conditions of Contract (PCC)
Section 5: Tender and Contract Forms
Section 6: Schedule of Requirements
Section 7: Technical Specifications
Section 8: Drawings

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Section 1: Instructions to Tenderers

ITT-Sub-Sections

A: General
B: Tender Document
C: Qualification Criteria
D:Tender Preparation
E: Tender Submission
F: Tender Opening and Evaluation
G:Contract Award

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Interpretation

ITT- 2.1
 Day Calendar days unless
otherwise specified

 Standard Tender
STD provided by CPTU
Document (STD)

Document provided by a
 Tender Document Procuring Entity to a
Tenderer

 Tender Submitted by a Tenderer

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Corrupt, Fraudulent, Collusive
or Coercive Practices

ITT- 4

Compliance : The Provisions of Section 64 of the


ACT

Abiding : Code of ethics ( Rule-127)


Not engages : Corrupt, Fraudulent, Collusive or
Coercive Practices

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Corrupt, Fraudulent, Collusive
or Coercive Practices

Corrupt, Fraudulent, Collusive or Coercive practice of any kind


come to the knowledge of the Procuring Entity

PE shall call for Explanation found


a written unsatisfactory ?
explanation

HOPE may
appoint a PE Present a Report to the
committee HOPE

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Corrupt, Fraudulent, Collusive
or Coercive Practices

Rule- 127

Review and make


Recommendation Appropriate Decision by HOPE
to HOPE

Issue a Letter If debar ? Rule- 127(4)

Copy to the CPTU for inclusion in the Website, list of debarred persons

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Eligible Tenderers

ITT- 5
 Legal capacity to enter into the Contract
 No Conflict of interest pursuant to Rule 55
 Not ineligible for F C C C
 Not restrained (barred) on grounds defective supply
 Not be insolvent, be in receivership, be bankrupt
 Fulfilled its obligations to pay taxes
 Continued eligibility satisfactory to PE
 Eligibility requirements extend to Sub-Contractor
 Government-owned enterprises being legally and financially
autonomous, operating under commercial law, not being a
dependent agency of the PE

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Eligible Goods

ITT- 6

 Goods & Related Services to be Supplied from


Eligible Country
 Country of Origin considered for Eligibility
 “Origin” means the country where the Goods
have been mined, grown, produced…
 Origin distinct from the nationality of the Tender

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Clarification of TD

ITT- 9

 To be decided by the PE, however, preferably before Two-Third of


time elapses
 Procuring Entity is not obliged, if not within time
 Respond in writing within five (5) working days Rule- 95(2)
 Forward copies of its response
 Clarification may lead to amend the Tender Document
 Procedure for issuing addendum to be followed

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Pre-Tender Meeting

ITT- 10

 Minutes of the pre-Tender meeting


 Must Include clarification and answers
 Transmitted within one week after meeting R-94
 All those who purchased the TD
 Even those who were not in meeting
 Amendment through addendum not minutes
 Attending the meeting is not mandatory

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Addendum

ITT- 11 Why addendum ?


.…… Own initiatives
……. Response to a clarification
…….. Result of Pre-Tender Meeting

 Circulated within 5 working days R-95


 Acknowledge within 3 working days R-95
 Extension of deadline is optional if addendum within time
 Extension of deadline is mandatory if 2/3rd time has
elapsed
 Not less than 3 days when PE extend the date R-95

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Qualification of Tenderer

Rule- 48

 Documentary evidence:
 Professional & ethical standards
 Able to implement the contracts
 Setting Qualification criteria for wide
Participation

Mandatory qualification in the Tender Documents

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Qualification Criteria

predefined
ITT- 12
precise minimum
setting pass
/fail criteria

rejection of
The documentary evidence for each of Tender ?
the qualification criterion

If not met will result rejection of Tender

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C. Qualification Criteria

ITT- 13.1

The maximum
Litigation number of
History arbitration awards

The maximum [state number] number of arbitration


against the Tenderer over a period [state duration]

The maximum Two (2 ) arbitration against the Tenderer


over a period Three (3) years
See also 15.1 b

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C. Qualification Criteria

ITT - 14.1 (a)

Number of years of
Experience overall experience in
Criteria (overall) the supply of goods
and related services

The Tenderer shall have a minimum of [state number]


years of overall experience in the supply of goods and
related services.

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C. Qualification Criteria

ITT - 14.1(b)
Experience Criteria
(Specific)
The Tenderer shall have successfully completed minimum
[state number] numbers supply contract of similar goods
and related services within last [state number] years and
each with a minimum [state amount] value over the
period, as specified in TDS
The Tenderer shall have successfully completed minimum
one (1) supply contract of CNG Refuelling Station within
last Three (3) years, minimum value recommended at
least 70% of the estimated cost of the supply

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C. Qualification Criteria

ITT- 14.1(c)
Experience Criteria
(Supply/Production)
Production A minimum supply and/or
production capacity of Goods
Capacity
The minimum supply and/or production capacity of Goods is/ are:
[state supply and/or production capacity per year]
The minimum supply and/or production capacity of CNG
Refuelling Station is 1(one) set per year

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C. Qualification Criteria

ITT- 15.1

Financial Criteria

Availability of minimum liquid assets, net of other


contractual commitments, of the amount as specified in
the TDS

Satisfactory resolution of all claims under litigation cases


and shall not have serious negative impact on the financial
capacity of the tenderer.

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C. Qualification Criteria

ITT 15.1(a)

Financial Criteria

The minimum amount of liquid asset or working capital or


credit facility is Tk. [state value]

Criteria:
70-100% of estimated cost to be fixed as minimum liquid
asset.

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Qualify for a multiple number of lots

ITT- 12.3

resources sufficient to
Lot 1 meet the aggregate of
the qualifying criteria
Lot 2 for the individual lot

experience not
Lot 3 separately applicable
for individual lot.

Applicable for Lot by Lot Tender

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Subcontractor

Appointment of Subcontractor is allowed Rule-53

 Subcontractors shall be identified in Tender


 Subcontracting arrangement, if any, must appear
during Tendering
 May participate more than one Tender
Only as a Subcontractor
 Eligibility requirement extend to Subcontractor

Maximum allowable limit specified in TDS

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Contents of Tender

ITT- 21 Tender Forms to be submitted

 Tender Submission Letter (PG3 – 1)


 Tenderer Information Sheet (PG3-2)
 Price Schedule for Goods (PG3-4A)
 Price Schedule for Related Services (PG3-4B)
 Specifications Submission and Compliance Sheet (PG3-5)
 Tender Security (TS). If Bank Guarantee is chosen as TS, use
Form PG3–7

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Contents of Tender

ITT- 21
 The Valid Trade License
 A certificate as a proof of fulfilment of taxation
obligations
 Documents required for eligibility of Tenderer
 Documents establishing legal and financial autonomy (in
case of Government-owned entity)
 Any other document as specified in the TDS

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To Qualify Goods

ITT- 27
Documentary evidence that
the Goods and Related
services conform to the
technical specifications and
standards

Detailed Item-by-item
Description commentary

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To Qualify Tenderer

ITT- 28
Documentary evidence of the Tenderer’s
Qualifications to perform the Contract

Experience
Litigation

Financial
Criteria

Criteria
General

History
Criteria

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Tender Prices

ITT- 24
Total price to be quoted in Tender submission Letter
as in Price Schedule

Total price of the Tender inclusive of all Taxes,


Customs and VAT (National)

Unconditional discounts in Tender


submission letter

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Tender Prices & Discount

ITT- 24
Rate quoted in Price Schedule Form PG3-4A & 4B without discount

But
Discount inserted in Percentage (%) either in the single or
multiple lot(s) in the Tender submission letter and considered
after arithmetical correction by TEC Amendment
Discount equally applicable for all items of tender Rule 17(2)

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Determination of Tender Validity

ITT- 29
To determine validity Period:
 Complexity of Tender
 Time for evaluation
 Time for approval.
Schedule II [Rule-19(1)]
Between sixty (60) and one hundred twenty
(120)days

shorter or longer periods authorised by HOPE

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Determination of Tender Validity

 NOA within Validity Period


(PE’s obligation)

 Tenders shall remain valid


(Tenderer’s Obligation)

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Determination of Tender Validity

ITT- 29
 Tenders shall remain valid for the
period specified in the TDS Submission
Deadline

 Validity period starts after the date of


Tender submission deadline

21 Days 90 Days
Validity Period

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Extension of T. Validity

ITT -30 Request to tenderer

 Not later than 10 (ten) days before the expiry


 Correspondingly extend the validity of its Tender
Security for twenty-eight (28) days beyond the
new date for the expiry of Tender validity
 No modifications in Tender (consenting)
 Not be considered for subsequent evaluation (not
consenting)

Schedule II Rule-21 (2)

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Extension of Validity of Tender Security

ITT- 30

To extend

 Consenting to extend Tender Validity


 Not agree, no forfeiture of tender security, no
subsequent evaluation
 Extend at least 28 days beyond new date for
expiring of Tender Validity period

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Tender Security

ITT- 31
 Amount to discourage the submission of
frivolous & irresponsible tenders

 In favour of the Procuring Entity or as


otherwise directed on account of the Tenderer
 Remain valid for at least twenty eight (28)
days beyond the expiry date of the Tender
Validity

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Amount of TS

ITT- 31
Fixed amount Not > (3%) for each lot
Estimated value. 500,000 The amount of Tender
security should be set
@ of slightly lower than that
3% derived from the above
percentage so that the
TS: 15,000 tenderer unable to
determine reliably the
actual estimated value of
TS: 14,000 the tender

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Amount of TS (Item by Item basis)

Rule 22.4 Exception

 One Tender security, amounting to minimum 2%


of the total value of the items offered by the
Tenderer

 Tender security in a separate envelope

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Form of Tender Security (National)

ITT- 32

Bank Draft Tenderer’s


Option

TS
Pay Order Bank Guarantee

PE shall keep all the options

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Form of Tender Security (International)

Rule-22

 Only in the form of Bank


Guarantee
 Issued by an internationally
reputable bank
 Endorsed by correspondent
bank located in Bangladesh
 A local tenderer can submit BG issued by a
Scheduled bank of Bangladesh

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Authenticity of Tender Security

ITT- 33 Authenticity

TS
 Verified by the TEC Prior finalization
 Not authentic no subsequent evaluation
 Action in accordance with 64(5) of ACT

Tender with Invalid TS is non-responsive

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Return of Tender Security

ITT- 34 (Rule 26) Return

TS
 No TS returned by the TOC
 No TS before contract signing (except non-
responsive)
 Non-responsive ones except 1st, 2nd and 3rd after
TER approved
 Rest ones after contract signing

Even before the expiration validity period

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Forfeiture of Tender Security

ITT- 35 Forfeiture

 Withdraws his Tender within the validity


 Does not accept arithmetic correction
 Refuses to accept a Notification of Award
 Fails to furnish performance security
 Refuses to sign the Contract

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Tender Submission

ITT- 37
 Tenders shall be delivered by hand or by mail,
including courier services
 On the basis of the Tender Document issued by the PE

 PE provides receipt , on request


 Electronic tender submission procedures (if any)

 PE may, at its discretion on justifiably acceptable grounds, extend the


deadline for submission of Tender

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