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Name of STD : e-PG3

Procurement Type : Goods
Section : Instructions to Tenderer

A. General
1. Scope of Tender 1.1 The Procuring Entity named in the Tender Data Sheet (TDS)
(hereinafter referred to as the “PE”) wishes to issues these e- Tender
Document (hereinafter referred to as the “e-TD”) for the supply of
Goods, and related services incidental there to, as specified in the
TDS. 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 complete the
delivery of the Goods and related services as specified in theGeneral
Conditions of Contract.
2. Interpretation 2.1 Throughout this e-TD
(a) “communication” means communication through e-GP System;

(b) “e-GP” means procurement by a PE using the electronic

government procurement system developed by the Government of
Bangladesh.
(c) “day” means calendar days unless otherwise specified as working
days;
(d) “date and time” means the date and time of e-GP System
(www.eprocure.gov.bd) hosted in CPTU, IMED, Dhaka, Bangladesh;
(e) "e-TD ", means the Document provided by a PE to a Tenderer as
a basis for preparation of its e-Tender through the e-GP System;
(f) “Person” means and includes an individual, body of individuals, sole
proprietorship, partnership, company, association or cooperative
society registered with e-GP system and wishes to participate in e-
Procurement proceedings;
(g) "e-Tender", depending on the context, means a Tender submitted
through e-GP System by a Tenderer for delivery of Goods and
related services to a PE in response to an Invitation for e-Tender;
(h) “Tenderer” means a Person who submits an e-Tender; and
(i) if the context so requires, singular means plural and vice versa.
3. Source of Funds 3.1 The PE has been allocated public funds from the source as
indicated in the TDS and intends to apply a portion of the funds to
eligible payments under the contract for which this e-TD is issued.
3.2 For the purpose of this provision, “public funds” means any funds
allocated to a PE under Government budget, or loan, grants and
credits placed at the disposal of a PE through the Government by the
development partners or foreign states or organizations.
3.3 Payments by the development partner, if so indicated in the TDS,
will be made only at the request of the Government and upon
approval by the development partner in accordance with the
applicable Loan/Credit/Grant Agreement, and will be subject in all
respects to the terms and conditions of that Agreement.
4. Corrupt, Fraudulent, Collusive, 4.1 The Government and the Development Partner require that PE’s,
Coercive (or Obstructive in case of as well as Tenderers and Suppliers (including their manufacturers,
Development Partner) Practices sub-contractors, agents, personnel, consultants, and service
providers) shall observe the highest standard of ethics during
implementation of procurement proceedings and the execution of
Contracts under public fund.
4.2 For the purposes of ITT Sub-clause 4.3 the terms set forth
below:

(a) corrupt practice means offering, giving or promising to give,

receiving, or soliciting, either directly or indirectly, to any officer or
employee of a PE 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 PE 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 PE, that is
designed to arbitrarily reduce the number of Tenders submitted or fix
Tender prices at artificial, non competitive levels, thereby denying a
PE 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 a Procurement proceeding or the execution of a Contract;

(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 Procurement Guidelines of the
Development Partners as stated in the ITT sub-clause 3.3. In case of
obstructive practice, this will be dealt in accordance with Development
Partners Procurement Guidelines.
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 Supplier (including its
manufacturers, 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 Supplier, 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
6.

4.6 In further pursuance of this policy, Tenderers, Suppliers and their

manufacturers, 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 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 Tenderer must be registered in the e-GP system under
appropriate user category of procurement process in order to have
appropriate access and to get working dashboard with authorized
functions in the e-GP System.
5.3 Tenderer may be a physical or juridical individual or body of
individuals, or company, association invited to take part in public
procurement or seeking to be so invited or submitting a e-Tender in
response to an Invitation for e-Tenders.
5.4 Government-owned enterprises in Bangladesh shall be eligible
only if they can establish that they (i) are legally and financially
autonomous, (ii) operate under commercial law, and (iii) are not a
dependent agency of the PE.
5.5 Tenderer shall have the legal capacity to enter into the Contract
5.6 Tenderer and all parties constituting the Tenderer shall not have a
conflict of interest
 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, 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
Procurement Guidelines in projects financed by Development Partner.
5.8 Tenderer are not restrained or barred from participating in public
Procurement on grounds of execution of defective supply in the past
under any Contract.
5.9 Tenderer 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 Tenderer 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.
5.11 Tenderer shall provide such evidence of their continued eligibility
satisfactory to the PE, as the PE will reasonably request.
5.12 These requirements for eligibility will extend, as applicable, to
Sub-contractor proposed by the Tenderer.
6. Eligible Goods and related 6.1 All goods and related services to be supplied under the contract
services are eligible, unless their origin is from a country specified in the TDS.
6.2 For purposes of this Clause, the term “goods” includes
commodities, raw material, machinery, equipment, and industrial
plants; and “related services” includes services such as insurance,
transportation, installation, and commissioning, training, and initial
maintenance.
6.3 For purposes of this clause, “origin” means the country where the
goods have been mined, grown, cultivated, produced, manufactured
or processed; or through manufacture, processing, or assembly,
another commercially recognized article results that differs
substantially in its basic characteristics from its components.
6.4 The origin of goods and services is distinct from the nationality of
the Tenderer. The nationality of the firm that produces, assembles,
distributes, or sells the goods shall not determine their origin.
7. Site Visit 7.1 The costs of visiting the Site shall be at the Tenderer’s own
expense.
8. Disclaimer 8.1 Use of the e-GP System shall only be used for lawful purposes
that do not infringe the rights of or restrict or inhibit the use of the
system by any third party. Such restriction or inhibition includes, but is
not limited to, conduct which is intended to mislead, or is defamatory,
or which may harass, cause distress or inconvenience to any person
and the transmission of obscene or offensive content or interruption of
the normal flow of content within the e-GP System.
B. e-Tender Document
9. e-Tender Document: General 9.1 The Sections comprising the e-TD are listed below and should be
read in conjunction with any addendum issued under ITT Clause 12.

• 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 e-Tender and e-Contract Forms

• Section 6 Drawings

9.2 The Tenderer is expected to examine all instructions, forms,

terms, and specifications in the e-TD as well as addendum to e-TD, if
any.
10.Clarification of e-TD 10.1 Clarification request must be posted through e-GP dashboard.
Clarification posted by fax / post / e-mail will not be entertained
10.2 A prospective Tenderer requiring any clarification of the e--TD
shall be allowed to post clarification as stated sub clause 10.1 till the
date and time as specified in the TDS, but not later than the date of
pre-tender meeting as stated under ITT clause 11, if held
10.3 The PE shall respond within five (5) working days of receipt of
any such request for clarification received under ITT Sub-Clause 10.2
10.4 The clarification posted by PE will be shared through e-GP
System its response to all those who have purchased the e-TD,
including a description of the enquiry but without identifying its source
10.5 Should the PE deem it necessary to amend the e-TD as a result
of a clarification, it shall do so following the procedure under ITT
Clause 12
11.Pre-Tender Meeting 11.1 To clarify issues and to answer questions on any matter arising
in the e-TD, the PE may, if stated in the TDS, hold a Pre-Tender
Meeting
11.2 Pre-Tender Meeting will be held online on the date and time as
specified in the TDS. Clarifications to the queries of the Tenderer will
be made online, and also responses will be shared through dashboard
of the Tenderer, who have purchased the e-TD
11.3 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 uploaded on e-GP
System within 5 working days
11.4 Any amendment to the e-TD listed in ITT Sub-Clause 9.1 that
may become necessary as a result of the pre-Tender meeting shall
be made by the PE exclusively through the issue of an Amendment as
stated under ITT Sub-Clause 12..1 and not through the minutes of the
pre-Tender meeting
11.5 Non-participation at the pre-Tender meeting will not be a cause
for disqualification of a Tenderer
12.Addendum to e-E-TD 12.1 At any time prior to the deadline for submission of e-Tender, the
PE on its own initiative or in response to a clarification request posted
on e-GP System from a Tenderer, having purchased the e-TD or as a
result of a Pre-Tender meeting, may revise the e-TD by issuing an
addendum
12.2 The addendum corresponding the e-Tender shall be posted in
the e-GP System and shall become an integral part of the e-TD.
Afterwards amendment notification through e-mail shall be sent to the
Tenderer who have purchased e--TD
12.3 To give a prospective Tenderer reasonable time in which to take
an amendment into account in preparing its Tender, the PE may, at its
 discretion, extend the deadline for the submission of e-Tenders
12.4 If an addendum is issued when time remaining is less than one-
third of the time allowed for the preparation of e-Tenders, PE shall
extend the deadline by an appropriate number of days for the
submission of e-Tenders, depending upon the nature of the
Procurement requirement and the addendum. The minimum time for
such extension shall not be less than three (3) working days
C. Qualification Criteria
13. General Criteria 13.1 The PE requires the Tenderer to be qualified by meeting
predefined, precise minimum requirements, which entails setting
pass/fail criteria, which if not met by the Tenderer, will result in
rejection of its e-Tender
13.2 In addition to meeting the eligibility criteria, as stated in ITT
Clause 5, the Tenderer must satisfy the other criteria stated in ITT
Clauses 14 to 16 inclusive
13.3 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 Tenderer shall
demonstrate having resources sufficient to meet the aggregate of the
qualifying criteria for the individual contracts. The requirement of
general experience under ITT Clause 15.1 (a) and specific
experience, unless otherwise of different nature, under ITT Clause
15.1(b) shall not be separately applicable for each individual lot
14. Litigation History 14.1 Litigation history shall comply with the requirement as specified
in ITT 16.1(b)
15.Experience Criteria 15.1 Tenderer shall have the following minimum level of supply
experience to qualify for supplying the Goods and related services
under the contract:

(a) A minimum number of years of General experience in the supply

of goods and related services as specified in the TDS; and
(b) Specific experience of satisfactory completion of supply of Goods
similar to the proposed goods in at least a number of contract(s) and,
each with a minimum value, over the period, as specified in TDS; and
(c) A minimum supply and/or production capacity of Goods as
specified in the TDS.

16. Financial Criteria 16.1 Tenderer shall have the following minimum level of financial
capacity to qualify for the supply of goods under the contract
(a) Availability of minimum liquid assets i.e. working capital or credit
line(s) from any Scheduled Bank, net of other contractual
commitments of the amount as specified in the TDS.
(b) Satisfactory resolution of all claims, arbitrations or other litigation
cases and shall not have serious negative impact on the financial
capacity of the Tenderer’

17. Appointment of Subcontractor 17.1 Tenderer shall specify in its e-Tender the portion of the Goods
that will be subcontracted, if any, including the entity(ies) to whom
each portion will be subcontracted to, subject to the maximum
allowable limit for subcontracting of Goods specified in the TDS.
17.2 All subcontracting arrangement must be disclosed at the time of
e-Tendering, and subcontractors must be identified in the e-Tender
submitted by Tenderer.
 17.3 A subcontractor may participate in more than one e-Tender, but
only in that capacity.
17.4 Subcontractors must comply with the provision of ITT Clause 5.
17.5 If the PE determines that a subcontractor is ineligible, the
subcontracting of such portion of the Goods assigned to the ineligible
subcontractor shall be disallowed.
D. Tender Preparation
18. Only One e-Tender 18.1 If an e-Tender for Goods is invited on ‘lot-by-lot’ basis, each lot
shall constitute a separate contract.
18.2 If an e-Tender for Goods is invited for one or more items on an
‘item-by-item’ basis, single item or assemble of more items shall
constitute a separate contract.
19. Cost of Tendering 19.1 Tenderer shall bear all costs associated with the preparation and
submission of its Tender, and the PE shall not be responsible or liable
for those costs, regardless of the conduct or outcome of the e-
Tendering process
20. Sale of e-TD 20.1 e-TD can be accessed or downloaded in e-GP system by the
Tenderer after paying the document fees, up to the day prior to the
deadline for the submission of e-Tender through e-GP member bank’s
network and updated the payment transaction by the bank in e-GP
system.
21. Language of e-Tender 21.1 The e-Tender shall be in English language. Communications and
documents relating to the e-Tender shall be in the English language.
Supporting documents and printed literature furnished by the Tenderer
may be in another language provided they are accompanied by an
accurate translation of the relevant passages into the English or
Bangla language, in which case, for purposes of interpretation of the
Tender, such translation shall govern.
21.2 The Tenderer shall bear all costs of translation to the governing
language and all risks of the accuracy of such translation.
22. Contents of e-Tender 22.1 The e-Tender prepared by the Tenderer shall comprise the
following:
(a) e-Tender Submission Letter (Form e-PG3-1) as furnished in
Section 5: e-Tender Forms;
(b) Tenderer information sheet (Form e-PG3-2) as furnished in
Section 5: e-Tender Forms;
(c) The completed Price and Delivery Schedule for Goods and
related services (Form e-PG3-3A and 3B) as furnished in Section 5:
e-Tender Forms as stated under ITT Clauses 23 and 24;
(d) Tender Security as stated under ITT Clause 29,30 and 31;
(e) The completed Technical specification and compliance of Goods
and related services (Form e-PG3-4) as furnished in Section 5: e-
Tender Forms as stated under ITT clause 25.2;
(f) Written confirmation authorising the signatory of the Tenderer
including National ID to submit the e-Tender, as stated under ITT
Sub-clause 35.4;
(g) Valid Trade license to be mapped from e-GP Common document
library of the Tenderer;
(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 5.9 to be mapped from e-GP Common
 document library of the Tenderer;
(i) The country of origin declarations, to establish the eligibility of the
Goods and related services as stated under ITT Clause 6, in the
Price and Delivery Schedule for Goods and related services (Form e-
PG3-3A and 3B) as furnished in Section 5: e-Tender Forms;
(j) Documentary evidence as stated under ITT Clauses 25, that the
Goods and related services conform to the e-TD;
(k) Documentary evidences as stated under ITT Clause 26 that the
Tenderer’s qualifications conform to the e-TD;
(l) Documents establishing legal and financial autonomy and
compliance with commercial law, as stated under ITT Sub-clause 5.4
in case of government owned entity; and
(m) Any other document as specified in the TDS.
23. Tender Prices 23.1 The unit prices shall be quoted by the Tenderer in the Price and
Delivery Schedule for Goods and related Services (Form e-PG3-3A
and 3B). The Total price will be generated automatically by the e-GP
system and computation will be done from these price schedules.
23.2 Tenders are being invited either for one or more items on an
‘item-by-item’ basis or a single lot or for a number of lots on ‘lot-by-lot’
basis, as specified in the TDS.
23.3 Tenders being invited for a single lot or for a number of lots on
‘lot-by-lot’ basis, price quoted shall correspond to 100% of the items
specified for each lot and to 100% of the quantities specified for each
item of that particular lot and shall correspond to 100% of the total
offered lot value,
23.4 If an e-Tender for Goods is invited for one or more items on an
‘item-by-item’ basis, in such case the offer for each item shall
correspond to full quantity under that particular item.
23.5 All applicable taxes, custom duties, VAT and other levies payable
by the Tenderer under the Contract, or for any other causes, as of
the date twenty-eight (28) days prior to the deadline for submission of
e-Tenders, shall be included in the unit prices
23.6 The price of a Contract shall be fixed in which case the unit
prices may not be modified in response to changes in economic or
commercial conditions.
23.7 The Goods covered by this Tendering process shall require to
be delivered in accordance with the Delivery and Completion
Schedule specified in the Price and Delivery schedule for Goods and
related Service (e-PG3 – 3A and 3B). No credit will be given for
earlier completion.
24. Tender Currency 24.1 All prices shall be quoted in Bangladesh Taka (BDT).
25. Documents Establishing the 25.1 To establish the conformity of the Goods and related services to
Conformity of the Goods and the e-TD, the Tenderer shall furnish as part of its e-Tender the
related services documentary evidence that the Goods and related services conform
to the technical specifications and standards in (Form e-PG-4).
25.2 Documentary evidence of conformity of the Goods and related
services to the e-TD may be in the form of literature, drawings, and
data, and shall consist of:

(a) a detailed description of the essential technical and performance

characteristics of the Goods and related services;
 (b) if so required in TDS, Tenderer shall also furnish a list giving full
particulars, including available sources and current prices of spare
parts, special tools, etc., necessary for the proper and continuing
functioning of the Goods during the period specified in the TDS,
following commencement of the use of the Goods by the PE; and
(c) an “item-by-item” commentary on the PE’s Technical
Specifications demonstrating substantial responsiveness of the
Goods and related services to those specifications, or a statement of
deviations and exceptions to the provisions of Technical Specifications
in (Form e-PG3-4).
26. Documents Establishing 26.1 The documentary evidence of the Tenderer’s qualifications to
Qualifications of the Tenderer perform the contract if its Tender is accepted shall establish to the
PE’s satisfaction:

(a) that the Tenderer meets each of the qualification criterion

specified in Sub-section C; Qualification Criteria of the ITT;

(b) that, if required in the TDS, a Tenderer that does not manufacture
or produce the Goods it offers to supply shall submit the
Manufacturer’s Authorization Letter (Form e-PG3-5) furnished in
Section 5: Tender and Contract Forms, to demonstrate that it has
been duly authorized by the manufacturer or producer of the Goods
to supply the Goods to Bangladesh.; and
(c) that, if required in the TDS, in case of a Tenderer not doing
business within Bangladesh, the Tenderer is or will be (if awarded the
contract) represented by an Agent in the country equipped and able to
carry out the Supplier’s maintenance.
27. Validity Period of Tender 27.1 Tenders shall remain valid for the period specified in the TDS
after the date of Tender submission deadline as stated under ITT
Clause 36.
28. Extension of e-Tender Validity 28.1 In exceptional circumstances, prior to the expiration of the e-
and e-Tender Security Tender validity period, the PE may solicit, not later than ten (10) days
before the expiry date of the e-Tender validity, compulsorily all the
Tenderers’ consent to an extension of the period of validity of their
Tenders.
28.2 The request for extension of e-Tender validity period shall state
the new date of the validity of the e-Tender.
28.3 The request from the PE and the responses from the Tenderers
will be made through e-GP System.
28.4 Tenderer consenting to the request made by the PE under ITT
Sub-Clause 28.1 shall also correspondingly extend the validity of its
e-Tender Security for twenty-eight (28) days beyond the new date for
the expiry of e-Tender validity. Extension of validity of Tender security
will be done by the bank registered with e-GP System upon such
request to the Bank from the Tenderer.
28.5 Tenderer consenting to the request under ITT Sub- Clause 28.1
shall not be required or permitted to modify its Tender in any
circumstances.
28.6 If Tenderer are not consenting to the request made by the PE
under ITT Sub-Clause 28.1, its Tender will not be considered for
subsequent evaluation.
29. e-Tender Security 29.1 e-Tender security will be prepared by the bank registered with e-
GP system in favour of the PE upon such request from the Tenderer.
e-Tender security shall be kept in custody of the bank and transaction
 information will be updated in the e-GP system.
29.2 Amount of the e-Tender security may be determined on the basis
of different percentages for each lot, but the amount in fixed as
specified in TDS, if so indicated that the e-Tenders are invited on lot-
by-lot basis under ITT Sub clause 23.2,
29.3 One e-Tender security, at the percentage as specified in TDS,
of the total value of the items offered by the Tenderer, may be
submitted, if so indicated that the Tenders for one or more items are
invited on an ‘item-by-item basis’.,
30. Form of Tender security 30.1 The Tender Security as stated under ITT sub clause 29.1 shall:

(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 bank guarantee in the format (Form e-
PG3-6) furnished in Section 5: Tender and Contract Forms;
(b) be payable promptly upon demand by the PE in the case of the
conditions listed in ITT Clause 33 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 detailed under ITT Clause
33.

31. Valid Tender Security 31.1 e-Tender not accompanied/equipped by a valid e-Tender
Security as stated under Sub-clauses 29, 30 shall be considered as
non-responsive.
32. Return of e-Tender Security 32.1 No Tender Security shall be returned to the Tenderers before
contract signing
32.2 Unsuccessful Tenderer’s e-Tender security will be discharged or
released as soon as possible but within 28 days of the end of the e-
Tender validity period specified in ITT Sub-clause 27.1.
32.3 e-Tender securities of the Tenderers not consenting to the
request under ITT Sub-clause 28.1 in regard to extension of its e-
Tender validity shall be discharged or released forthwith.
32.4 The bank will release the e-Tender security only upon a request
from the PE.
33. Forfeiture of Tender Security 33.1 The Tender security may be forfeited if a Tenderer:

(a) refuses to accept a Notification of Award as stated under ITT

Sub-clause 54..3 ; or
(b) fails to furnish performance security as stated under ITT Sub-
clause 55.1; or
(c) refuses to sign the Contract as stated under ITT Sub-clause 58.2
; or

33.2 In case e-Tender security is required to be forfeited, PE will

instruct the concerned registered bank/branch with the e-GP system
and bank/branch in turn will debit the amount and credit it in favour of
the PE’s bank account.
34. Online Tender Preparation 34.1 Prior to submission of a e-Tender, the Tenderer must ensure that
all electronic records and files making up the Tender are completely
virus free and also ensure integrity, completeness and authenticity of
the tender.
E. Tender Submission
35. e-Lodgment (e-submission) 35.1 Tenderer shall submit the e-Tender through e-GP system and
must be received in completeness prior to the deadline for
submission. The Tenderer acknowledge the receipt of the tender
through the e-GP system
35.2 The e-Tender lodged through e-GP system by the Tenderer is
deemed for all purposes to be the true and legal version, duly
authorized and duly executed by the Tenderer and intended to have
binding legal effect. e-Signature / Digital Signature will identify and
authenticate the Tenderer

35.3 Tender submitted online will be stored in encrypted format in the

e-Tender box
35.4 Authorization letter from the firm / company shall be attached
with Tender Submission Letter (Form e-PG3-1) to lodge the e-Tender
36. Deadline for lodgment (e- 36.1 e-Tenders shall be lodged to the e-GP system not later than the
submission) of e-Tender date and time specified in the TDS.
36.2 Lodgement of large electronic file may take time and as such
sufficient time must be allowed to fully transmit all the files prior to the
deadline for submission.
36.3 PE may at its discretion on justifiably acceptable grounds duly
recorded, extend the deadline for submission of Tender as stated
under ITT Sub Clause 36.1, in which case all rights and obligations of
the PE and Tenderers previously subject to the deadline will
thereafter be subject to the new deadline as extended.
36.4 e-Tenders lodged shall not be allowed to be withdrawn after the
deadline for submission.
37. e-Tender 37.1 The Tenderer shall be allowed to substitute / modify / withdraw
Substitution/Modification/Withdrawal its lodged tender before the deadline for submission.
F. e-Tender Opening and e-Evaluation
38. e-Tender Opening 38.1 e-Tender opening process will be done by decrypt tender
functionality as tenders will be stored in time stamped electronic
tender box with encryption.
38.2 Tender Opening Committee (TOC) shall open the tender within
one (1) hour after tender submission deadline.
38.3 Tender Opening Reports (TORs) will be generated by the e-GP
system. TOR will be available after tender opening.
39. Evaluation of e-Tenders 39.1 e-Tenders shall be examined and evaluated only on the basis of
the criteria specified in the e-TD
39.2 Tender Evaluation Committee (TEC) shall examine, evaluate and
compare Tenders that are responsive to the mandatory requirements
of e-TD in order to identify the successful Tenderer.
40. Evaluation process 40.1 e-GP System will automatically generate the Tender Evaluation
Reports (TERs) to assist the TEC. TEC should review the TERs,
confirms the compliance and complete the TERs based on the criteria
mentioned in e-TD
40.2 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 e-TD. The evaluation process should begin immediately
after tender opening following four steps:

(a) Preliminary Examination;

(b) Technical Examinations and Responsiveness;
 (c) Financial evaluation and price comparison;
(d) Post-qualification of the Tender.

41. Preliminary Examination 41.1 TEC shall examine the e-Tenders to confirm that all
documentation requested in ITT Clause 22 has been provided, to
determine the completeness of each document submitted
41.2 TEC shall confirm that the following documents and information
have been provided in the tender. If any of these documents or
information is missing, the Tender shall be rejected.

(a) Tender Submission Letter;

(b) Price Schedule;
(c) Written confirmation of authorization to submit the Tender; and
(d) Tender Security.

42. Technical Examinations and 42.1 If a Tender is not responsive to the mandatory requirements set
Responsiveness out in the e-TD by the TEC and shall not subsequently be made
responsive by the Tenderer by correction of the material deviation,
reservation or omission.
42.2 A responsive tender is one that conforms in all respects to the
requirements of the e-TD 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 Goods and related services and Tender’s qualification
mentioned in the e-TD; or
(b) limits in any substantial way, or is inconsistent with the e-TD, the
PE’s rights or the Tenderer’s obligations under the Contract; or
(c) if rectified would unfairly affect the competitive position of other
Tenderers presenting substantially responsive tenders.

42.3 There shall be no requirement as to the minimum number of

responsive tenders.
42.4 There shall be no automatic exclusion of tenders which are
above or below the official estimate.
42.5 TEC will examine the adequacy and authenticity of the
documentary evidence which may follow the order below:

(a) verification of the completeness of the country of origin declaration

in the Price Schedule for Goods and related services (Form e-PG3-
3A and 3B) to determine the eligibility of the Goods and related
services.
(b) verification and examination of the documentary evidence and
completed Specification Submission Sheet (Form e-PG3-4) to
establish the conformity of the Goods and related services .
(c) verification and examination of the documentary evidence that the
Tenderer’s qualifications conform to the e-TD and the Tenderer meets
each of the qualification criterion specified in Sub-Section C,
Qualification Criteria.

42.6 Provided that a tender is responsive, TEC may request that the
Tenderer submit the necessary information or documentation through
e-GP System 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 Price Schedule.
Failure of the Tenderer to comply with the request may result in the
rejection of its tender.
42.7 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 e-TD; or
(b) errors or oversights, that if corrected, would not alter the key
aspects of the Tender.

43. Clarification on Tender 43.1 The TEC may ask Tenderers for clarifications of their Tenders
through e-GP System, in order to facilitate the examination and
evaluation of the Tenders.
43.2 Any request for clarifications by the TEC shall not be directed
towards making an apparently non-responsive Tender responsive and
reciprocally the response from the concerned Tenderer shall not be
articulated towards any addition, alteration or modification to its
Tender.
43.3 If a Tenderer does not provide clarifications of its Tender by the
date and time, its Tender shall not be considered in the evaluation.
43.4 Requests for clarification shall be through e-GP system and shall
be sent only by the Chairperson of the TEC.
44. Restrictions on the Disclosure 44.1 Following the opening of Tenders until issuance of Notification of
of Information Relating to the Award no Tenderer shall, unless requested to provide clarification to
Procurement Process its Tender or unless necessary for submission of a complaint,
communicate with the concerned PE.
44.2 Tenderers shall not seek to influence in anyway, the examination
and evaluation of the Tenders.
44.3 Any effort by a Tenderer to influence a PE in its decision
concerning the evaluation of Tenders, Contract awards may result in
the rejection of its Tender as well as further action in accordance with
Section 64 (5) of the Public Procurement Act 2006.
44.4 All clarification requests shall remind Tenderers of the need for
confidentiality and that any breach of confidentiality on the part of the
Tenderer may result in their Tender being disqualified.
45. Financial Evaluation 45.1 TEC shall evaluate each Tender that has been determined, up to
this stage of the evaluation, to be responsive to the mandatory
requirements set in the e-TD.
45.2 . The TEC shall evaluate and compare the Tenders taking into
account:

(a) Lowest evaluated tender for each lotif Tender is “lot-by-lot” basis
(b) Lowest evaluated tender for each item if Tender is “item-by-item”
basis

45.3 Variations, deviations, and other factors which are in excess of

the requirements of the e-TD or otherwise result in unsolicited
benefits for the PE will not be taken into account in Tender evaluation.
45.4 If so indicated in the ITT Sub Clause 23.2 the PE may award
one or multiple lots to one Tenderer following the methodology
specified in ITT Sub Clause 45.5.
 45.5 To determine the lowest-evaluated combination of lots, the TEC
will take into account: the resources sufficient to meet the aggregate
of the qualifying criteria for the individual lot;
46. Price Comparison 46.1 The TEC shall compare all responsive Tenders to determine the
lowest-evaluated Tender, as stated under ITT Clause 45.
46.2 In the extremely unlikely event that there is a tie for the lowest
evaluated price, the Tenderer with the superior past performance with
the PE shall be selected, whereby factors such as delivery period,
quality of Goods delivered, complaints history and performance
indicators could be taken into consideration.
46.3 In the event that there is a tie for the lowest price and none of
the Tenderer has the record of past performance with the PE, then
the Tenderer shall be selected, subject to firm confirmation through
the Post-qualification process described in ITT Clause 48, after
consideration as to whether the quality of Goods that is considered
more advantageous by the end-users.
46.4 The successful Tenderer as stated under ITT Sub Clauses 46.1,
46.2 and 46.3 shall not be selected through lottery under any
circumstances.
47. Negotiation 47.1 No negotiations shall be held during the Tender evaluation or
award with the lowest or any other Tenderer.
48. Post-Qualification 48.1 After determining the lowest-evaluated responsive tender as
sated under ITT Sub-Clause 46.1, the PE’s TEC shall carry out the
Post-Qualification of the Tenderer, using only the requirements
specified in Sub-Section C, Qualification Criteria.
48.2 An affirmative determination shall be a prerequisite for award of
the Contract to the Tenderer. A negative determination shall result in
rejection of the tenderer’s tender, in which event the PE shall proceed
to the next lowest evaluated tender to make a similar determination of
that Tenderer’s capabilities to perform satisfactorily
48.3 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.
49. PE’s Right to Accept any or to 49.1 PE reserves the right to accept any tender, to annul the tender
Reject Any or All Tenders proceedings, or to reject any or all tenders at any time prior to
contract award, without thereby incurring any liability to Tenderers, or
any obligations to inform the Tenderers of the grounds for the PE’s
action.
50. Rejection of All e-Tenders 50.1 PE may, in the circumstances as stated under ITT Sub-Clause
50.2 reject all Tenders following recommendations from the Evaluation
Committee only after the approval of such recommendations by the
Head of the PE
50.2 All Tenders can be rejected, if -

(a) the price of the lowest evaluated Tender exceeds the official
estimate, provided the estimate is realistic; or
(b) there is evidence of lack of effective competition; such as non-
participation by a number of potential Tenderers; or
(c) the Tenderers are unable to propose completion of the delivery
within the stipulated time in its 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.

50.3 Notwithstanding anything contained in ITT Sub-Clause50.2

Tenders may not be rejected if the lowest evaluated price is in
conformity with the market price.
50.4 PE may, on justifiable grounds, annul the Procurement
proceedings prior to the deadline for the submission of Tenders.
51. Informing Reasons for Rejection 51.1 Notice of the rejection, will be given promptly within seven (7)
working days of decision taken by the PE to all Tenderers and, the
PE will, upon receipt of a request through e-GP System,
communicate to any Tenderer the reason(s) for its rejection but is not
required to justify those reason(s).
G. Contract Award
52. Award Criteria 52.1 PE shall award the Contract to the Tenderer whose Tender is
responsive to the e-TD and that has been determined to be the
lowest evaluated Tender, provided further that the Tenderer is
determined to be Post-Qualified as stated under ITT Clause 48.
52.2 A Tenderer shall not be required, as a condition for award of
contract to undertake obligations not stipulated in the e-TD, to change
its price, or otherwise to modify its Tender.
53. PE’s Right to Vary Quantities 53.1 PE reserves the right at the time of Contract Award to increase
or decrease the quantity, per item, of Goods and related services
originally specified in Price Schedule, provided this does not exceed
the percentages indicated in the TDS, and without any change in the
unit prices or other terms and conditions of the Tender and the e-TD.
54. Notification of Award (NOA) 54.1 Prior to the expiry of the Tender validity period and within seven
(7) working days of receipt of the approval of the award by the
Approving Authority, the PE shall issue the Notification of Award
(NOA) to the successful Tenderer through e-GP System.
54.2 NOA, attaching the contract as per the sample (Form e-PG3-7)
to be signed, shall state:

(a) the acceptance of the Tender by the PE;

(b) the price at which the contract is awarded;
(c) the amount of the Performance Security and its format;
(d) the date and time within which the Performance Security shall be
submitted; and
(e) the date and time within which the contract shall be signed.

54.3 NOA shall be accepted through e-GP System by the successful

Tenderer within seven (7) working days from the date of issuance of
NOA.
54.4 If Tenders were invited for one (1) or more items on an ‘Item-by-
Item basis, contract will comprise the item(s) awarded to the
successful Tenderer and only one (1) Contract will be signed with
each successful Tenderer covering all items awarded to him or her.
54.5 Until a formal contract is signed, the NOA shall constitute a
Contract, which shall become binding upon the furnishing of a
Performance Security and the signing of the Contract by both parties.
55. Performance Security 55.1 Performance Security shall be furnished by the successful
Tenderer in the amount as specified in the TDS.
55.2 Performance security will be issued by the bank registered with
e-GP System on the request of the successful Tenderer. Bank shall
 immediately update the payment transaction information in the e-GP
System.
55.3 Upon instruction from the PE, the performance security will be
credited in the PE’s bank account as compensation for any loss
resulting from the Supplier’s failure to complete its obligations under
the Contract.
56. Form and Time Limit for 56.1 The Performance Security shall be in the form of a Bank draft,
furnishing of Performance security pay order or an irrevocable Bank Guarantee in the format (Form e-
PG3-9) as stated under ITT Clause 55, issued by any bank
registered with the e-GP System.
56.2 Within fourteen (14) days from the date of issuance 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 specified under ITT Sub Clause 55.1
57. Validity of Performance Security 57.1 The Performance Security shall be required to be valid until a
date twenty-eight (28) days beyond the date of completion of the
Supplier’s performance obligations under the Contract, including any
warranty obligations.
58. Contract Signing 58.1 At the same time as the PE issues the NOA, the PE shall send
the draft Contract Agreement and all documents forming the Contract
to the successful Tenderer.
58.2 Within twenty-eight (28) days of the issuance of Notification of
Award, the successful Tenderer and the PE shall sign the contract.
58.3 Failure of the successful Tenderer to submit the Performance
Security, as stated under ITT Sub-Clause 55, or sign the Contract,
as stated under ITT Sub-Clause 58.2, shall constitute sufficient
grounds for the annulment of the award and forfeiture of the Tender
Security. In that event the PE may award the Contract to the next
lowest evaluated Tenderer, whose Tender is responsive and is
determined by the TEC to be qualified to perform the Contract
satisfactorily.
59. Publication of Notification of 59.1 NOA shall be published in the e-GP system.
Award of Contract
60. Debriefing of Tenderers 60.1 The tenderer shall be debriefed through e-GP system by PE
upon request without disclosing information about any other Tenderer.
60.2 In the case of debriefing confidentiality of the evaluation process
shall be maintained.
61. Right to Complain 61.1 Tenderer has the right to complain in accordance with the Public
Procurement Act 2006 and the Public Procurement Rules, 2008.