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Name of STD : e-PG2

Procurement Type : Goods
Section : Instructions to Tenderers (ITT)

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.
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. Corrupt, Fraudulent, 3.1 The Government requires that Procuring Entities, as well as Tenderers
Collusive or Coercive Practices and Suppliers shall, during the Procurement proceedings and the execution
of Contracts under public funds, ensure-

(a) strict compliance with the provisions of Section 64 of the Public

Procurement Act 2006 (Act 24 of 2006);

(b) abiding by the code of ethics as mentioned in the Rule127 of the

Public Procurement Rules, 2008;

(c) that neither it’s any officer nor any staff or any other agents or
intermediaries working on its behalf engages in any practice as detailed in
the Rule 127.

3.2 If corrupt, fraudulent, collusive or coercive practices of any kind

 determined by the Procuring Entity against any Tenderer alleged to have
carried out such practices, the Procuring Entity shall -

(a) exclude the concerned Tenderer from further participation in the

particular Procurement proceeding; or

(b) reject any recommendation for award that had been proposed for that
concerned Tenderer or;

(c) declare, at its discretion, the concerned Tenderer to be ineligible to

participate in further Procurement proceedings, either indefinitely or for a
specific period of time.
4. Eligible Tenderers 4.1 If so specified in TDS, only Enlisted Tenderers of the categories
specified in the TDS are eligible to participate in the Tender under Limited
Tendering Method (LTM).
4.2 In case of Open Tendering Method, invitation for Tenders is open to all
potential Tenderers.

4.3 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

4.4 The Tenderer shall have the legal capacity to enter into the Contract.

4.5 Tenderers and all parties constituting the Tenderer shall not have a
conflict of interest.

4.6 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 or coercive practices as stated
under ITT Clause 3.

4.7 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.

4.8 The Tenderer shall have fulfilled its obligations to pay taxes under the
provisions of laws and regulations of Bangladesh

4.9 Tenderer shall provide such evidence of their continued eligibility

satisfactory to the PE, as the PE will reasonably request.
5. Disclaimer 5.1 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. Tender Document
6. Clarification of e-TD 6.1 Clarification request must be posted through e-GP dashboard.
Clarification posted by fax / post / e-mail will not be entertained
6.2 A prospective Tenderer requiring any clarification of the e-TD shall be
allowed to post clarification as stated under ITT Sub Clause 6.1 till the
date and time as specified in the TDS.
7. Addendum to e-TD 7.1 At any time prior to the deadline for submission of Tenders, 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 may revise the e-TD
by issuing an addendum.

7.2 The addendum corresponding to 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 Tenderer who have
purchased e-TD.
C. Qualification Criteria
8. Technical Criteria 8.1 Technical Specifications and compliance of Goods and related services
(Form e-PG2-3) details the minimum specification of the goods required.
The goods offered must meet this specification, but no credit will be given
for higher specification.
9. Financial Criteria 9.1 Availability of minimum liquid assets net of other contractual
commitments of the amount as specified in the TDS.
D. Tender Preparation
10. Contents of Tender 10.1 The Tender prepared by the Tenderer shall comprise the following:

(a) e-Tender Submission Letter (Form e-PG2-1) as furnished in Section 5:

e-Tender Forms;

(b) completed Price and Delivery Schedule for Goods and related services
(Form e-PG2-2A and 2B) as furnished in Section 5: e-Tender Forms;

(c) Tender Security as stated under ITT Clause 15 & 16 ;

(d) completed Technical specification and compliance of Goods and

related services (Form e-PG2-3) as furnished in Section 5: e-Tender
Forms;

(e) written confirmation authorizing the signatory of the Tenderer including

National ID to submit the e-Tender and shall be uploaded and mapped in
the tender along with e-Tender Submission Letter (Form e-PG2-1);

(f) a certificate, that the Tenderer is a Tax payer having valid Tax
Identification Number (TIN) and VAT registration number as a proof of
fulfilment of taxation obligations to be mapped from e-GP Common
document library of the Tenderer;

(g) valid Trade license to be mapped from e-GP Common document

library of the Tenderer; and

(h) any other document as specified in the TDS.

11. Tender Prices 11.1 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. 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.
11.2 The unit prices shall be quoted by the Tenderer in the Price and
Delivery Schedule for Goods and related Services (Form e-PG2-2A and
2B). The Total price will be generated automatically by the e-GP system
and computation will be done from these price schedules

11.3 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,

11.4 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

11.5 All applicable taxes, custom duties, VAT and other levies payable by
the Contractor under the Contract shall be included in the unit prices.
12. Tender Currency 12.1 All prices shall be quoted in Bangladesh Taka (BDT).
13. Documents Establishing the 13.1 To establish the conformity of the Goods and Related Services to the
Conformity of the Goods and Tender Documents, the Tenderer shall furnish as part of its Tender the
Qualifications of the Tenderer documentary evidence that the Goods and Related services conform to the
technical specifications and standards.

13.2 Documentary evidence of adequacy of minimum liquid assets from

bank as stated under ITT Sub Clause 9.1
14. Validity Period of e-Tender 14.1 Tenders shall remain valid for the period specified in the TDS after the
date of Tender submission deadline prescribed by the Procuring Entity.
15. e-Tender Security 15.1 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.
15.2 If so specified in the TDS, amount of the Tender Security may be
determined on the basis of different percentages for each lot, but the
amount in fixed as specified in TDS.
15.3 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’.
16. Form of e-Tender security 16.1 e-Tender Security shall be at the Tenderer’s option, be either in the
form of a bank draft or pay order.

16.2 e-Tender Security may be in the form of an irrevocable bank

guarantee in the format (Form e-PG2-4) furnished in Section 5: Tender
Forms.

16.3 e-Tender Security shall remain valid for at least twenty eight (28)
days beyond the expiry date of the Tender Validity.

16.4 Tender not accompanied by a valid e-Tender Security shall be

considered as non-responsive.
17. Return of e-Tender 17.1 No Tender Security shall be returned to the Tenderers before
Security contract signing

17.2 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 as stated under ITT Clause 14.

17.3 The bank will release the e-Tender security only upon a request from
the PE.
18. Forfeiture of e-Tender 18.1 The Tender Security may be forfeited if a Tenderer:
Security
(a) refuses to accept a Notification of Award ;
 (b) fails to furnish Performance Security; or

(c) refuses to sign the Contract .

18.2 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.
19. Online Tender Preparation 19.1 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.

19.2 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. e-Tender Submission
20. e-Lodgment 20.1 Tenderer shall submit the e-Tender through e-GP system and must be
received in completeness prior to the deadline for submission. Tenderer
acknowledges the receipt of the tender through the e-GP system.
20.2 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.
20.3 Tender submitted online will be stored in encrypted form in the e-
Tender box.
20.4 Authorization letter from the firm / company shall be attached with
Tender Submission Letter (Form e-PG2-1) to lodge the Tender.
20.5 Lodged Tender containing files those are corrupt or containing virus or
are unreadable for any reason, will not be considered.
21. Deadline for lodgment of e- 21.1 e-Tenders shall be lodged to the e-GP System no later than the date
Tender and time specified in the TDS.
21.2 Lodgment of large electronic file may take time and as such sufficient
time must be allowed to fully transmit all the files prior to the closing time.
21.3 e-Tenders lodged shall not be allowed to be withdrawn after the
deadline for submission.
22. e-Tender Substitution / 22.1 Tenderer shall be allowed to substitute / modify / withdraw its lodged
Modification / Withdrawal tender before tender submission deadline.
F. e- Tender Opening & e-Evaluation
23. e-Tender Opening 23.1 e-Tender opening process will be done by decrypt tender functionality
as tenders will be stored in time stamped electronic tender box with
encryption.

23.2 Tender Opening Committee (TOC) shall open the tender within one
(1) hour after tender submission deadline.

23.3 Tender Opening Reports (TORs) will be generated by the e-GP

system. TOR will be available after tender opening in the dashboard of the
Tenderer.

24. e-Evaluation Process 24.1 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
 24.2 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.

25. Preliminary Examination 25.1 PE shall examine the Tenders to confirm that all documentation
requested in ITT Clause 10 has been provided, to determine the
completeness of each document submitted.

25.2 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, if any.

26. Technical Examinations & 26.1 If a Tender is not responsive to the mandatory requirements set out in
Responsiveness the e-TD, shall not subsequently be made responsive by the Tenderer by
correction of the material deviation, reservation, or omission.

26.2 TEC will examine the adequacy and authenticity of the documentary
evidence as stated under ITT Clause 13 which may follow the order
below:

(a) verification and examination of the documentary evidence and

completed Technical specification and compliance of Goods and related
services (Form e-PG2-3) to establish the conformity of the Goods and
Related Services to the Tender Documents.

(b) verification and examination of the documentary evidence of the liquid

asset.

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

responsive tenders

26.4 There shall be no automatic exclusion of tenders which are above or

below the official estimate
27. Clarification on e-Tender 27.1 TEC may ask Tenderers for clarifications of their Tenders through e-
GP System, in order to facilitate the examination and evaluation of the
Tenders

27.2 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.
 27.3 If a Tenderer does not provide clarifications of its Tender by the date
and time, its Tender shall not be considered in the evaluation

27.4 Requests for clarification shall be through e-GP system and shall be
sent only by the Chairperson of the TEC.
28. Financial Evaluation 28.1 TEC shall evaluate each Tender that has been determined, up to this
stage of the evaluation, to be responsive to the requirements set out in the
e-TD.

28.2 The TEC shall evaluate and compare the Tenders taking into
account:

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

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

28.3 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 e-Tender evaluation.
29. Price Comparison 29.1 The TEC will compare all responsive Tenders to determine the
lowest-evaluated Tender, in accordance with ITT Clause 28.

29.2 The successful Tenderer as stated under ITT Sub Clauses 29.1 shall
not be selected through lottery under any circumstances.
30. Negotiation 30.1 No negotiations shall be held during the Tender evaluation or award
with the lowest or any other Tenderer.
31. Post-qualification 31.1 After determining the lowest-evaluated responsive tender as sated
under ITT Sub-Clause 29.1, the TEC shall carry out the Post-Qualification
of the Tenderer.
32. e- Notification of Award 32.1 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.

32.2 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.
33. Performance Security 33.1 The amount of Performance Security shall be 10% (Ten) of the
Contract Price

33.2 Within seven (7) working days of issuance of the NOA, the successful
Tenderer shall furnish the Performance Security

33.3 The Performance Security shall be in the form of a Bank draft, pay
order or an irrevocable Bank Guarantee in the format (Form PG2-7) issued
by any bank registered with the e-GP System.

33.4 Performance security as stated under ITT Sub Clause 33.1 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.

33.5 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.
34. Validity of Performance 34.1 The Performance Security shall be required to be valid until a date
Security twenty eight (28) days beyond the date of completion of the Supplier’s
performance obligations under the Contract, including any warranty
obligations.
35. Contract Signing 35.1 Within fourteen (14) working days of issuance of the NOA, the
successful Tenderer and the PE shall sign the contract.
36. Right to Complain 36.1 Tenderer has the right to complain in accordance with the Public
Procurement Act 2006 and the Public Procurement Rules, 2008.