Home Message Box APP Tender Workflow Evaluation Debarment CMS Tenderer Database Other Activities

My Account Help

Wednesday, 23 Aug, 2023 17:39:46 BST Last Login : Wednesday, 23 Aug, 2023 12:19:04 Welcome, Dr. Engr. A.K.M Jahangir Alam, PEng. | Logout

View All Notifications

View PCC Go Back to Tender/Proposal Document

Tender/Proposal Detail

Tender/Proposal ID : 98753 Invitation Reference No. : CE/T-045/16-17

Closing Date and Time : 15-May-2017 15:00 Opening Date and Time : 15-May-2017 15:00

Procuring Entity : Engineering Office

Brief : Twelve Storied New Chattri Hall, BUET.

Tender/Proposal Status : Contract Awarded View Notice

Instructions for completing the Particular Conditions of Contract are provided in italics in parenthesis for the relevant GCC Clauses.

GCC Amendments of, and Supplements to, Clauses in the General Conditions of Contract
Clause

A. General

GCC 1. Definitions
Clause

(j) Contractor means the Person under contract with the PE for the execution of Works under the Rules and the Act as stated in the PCC.

The Contractor is :
...................................
....................................
....................................
...................................
(y) Intended Completion Date is the date calculated from the Commencement Date as specified in the PCC, on which it is intended that the Contractor shall complete the Works and
Physical services as specified in the Contract and may be revised only by the Project Manager by issuing an extension of time or an acceleration order.

The PE is : M. M Abdul Alim, Chief Engineer, Engineering Office, BUET.

(bb) Original Contract Price is the Contract Price stated in the PE’s Notification of Award (Form e-PW3-7) and further clearly determined in the PCC.

The original Contract price is : ...........................

(ff) PE means a PE having administrative and financial powers to undertake procurement of Works and Physical services using public funds and is as named in the PCC who employs the
Contractor to carry out the Works.
(fff) Development Partner means the financier (partial or full) of this contract, as named in the PCC.

The PE is : M. M Abdul Alim, Chief Engineer, Engineering Office, BUET.

The Development Partner is : N/A.

(gg) Project Manager is the person named in the PCC or any other competent person appointed by the PE and notified to the Contractor who is responsible for supervising the execution
and completion of the Works and Physical services and administering the Contract.

The Project Manager is : PE.

(kk) Site means the places where the Permanent Works are to be executed including storage and working areas and to which Plant and Materials are to be delivered, and any other places
as may be specified in the PCC as forming part of the Site.

The Site is located at BUET Campus and is defined in drawings No : By E/C.

(nn) Start Date is the date defined in the PCC and it is the last date when the Contractor shall commence execution of the Works under the Contract.

The Start Date shall be : 07 (Seven) days of Signing the Contract.

(rr) Works means all works associated with the construction, reconstruction, site preparation, demolition, repair, maintenance or renovation of railways, roads, highways, or a building, an
infrastructure or structure or an installation or any construction work relating to excavation, installation of equipment and materials, decoration, as well as physical services ancillary to works
as detailed in the PCC, if the value of those services does not exceed that of the Works themselves.

The Works consist of : As Mentioned in Schedule.

GCC 2. Interpretation
Clause

2.5 Sectional completion

If sectional completion is specified in the PCC, references in the GCC to the Works, the Completion Date, and the Intended Completion Date apply to any section of the Works (other than
references to the Completion Date and Intended Completion Date for the whole of the Works).

The Sectional Completion Dates are : N/A.

GCC 3.Communications and Notices

Clause

3.1 Communications between Parties such as notice, request or consent required or permitted to be given or made by one party to the other pursuant to the Contract shall be in writing to
the addresses specified in the PCC.

The PE’s address for the purpose of communications under this contract is :
Contact person : M. M Abdul Alim
Address : Chief Engineer, Engineering Office, BUET.
Tel : +88 02 9665619, 55167100 ext- 7467
 Fax:
e-mail address : ce@engg.buet.ac.bd.

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

GCC 6.Documents Forming the Contract and Priority of Documents

Clause

j. any other document listed in the PCC forming part of the Contract.

Other documents forming part of the Contract are ; Schedule of Key Personnel.

GCC 9. Eligibility
Clause

9.1 The Contractor and its Subcontractor(s) shall have the nationality of a country other than that specified in the PCC.

A Contractor or a Subcontractor that is a national of, or registered in, the following countries are not eligible : Israel

9.2 All materials, equipment, plant, and supplies used by the Contractor in both permanent and temporary works and services supplied under the Contract shall have their origin in the
countries except any specified in the PCC.

Materials, Equipments Plants and supplies shall not have their origin in the following countries : Israel.

GCC 13. Possession of the Site

Clause

13.1 The PE shall give possession of the Site or part(s) of the Site, to the Contractor on the date(s) stated in the PCC. If possession of a part of the Site is not given by the date stated in
the PCC, the PE will be deemed to have delayed the start of the relevant activities, and this will be a Compensation Event as stated under GCC Sub Clause 69.1(a).

Possession of the Site or part(s) of the Site, to the Contractor shall be given on the following date(s) ; 05 (Five) Days of Signing the Contract.

GCC 19. Contractor?s Personnel

Clause

19.1 The Contractor shall employ the key personnel named in the Schedule of Key Personnel, as referred to in the PCC, to carry out the functions stated in the Schedule or other personnel
approved by the Project Manager.

Following Key Personnel to carry out the functions stated in the Schedule shall be employed by the Contractor ; Schedule of Key Personnel.
[insert name(s)]

GCC 21. Nominated Subcontractor

Clause

21.1 Nominated Subcontractor named in the Contract shall be entitled to execute the specific components of the Works stated in the PCC.

Nominated Subcontractor(s) named below ; None.

GCC 23. Project Manager?s Decisions

Clause

23.1 Except where otherwise specifically stated in the PCC, the Project Manager will decide Contractual matters between the PE and the Contractor in its role as representative of the PE.

The Contractual matters between the PE and the Contractor shall be decided by : N/A.

GCC 37. Insurance

Clause

37.1 The Contractor shall provide, in the joint names of the PE and the Contractor, insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts and
deductibles specified in the PCC for the following events which are due to the Contractor’s risks:
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant, Materials, and Equipment) in connection with the Contract; and
(d) personal injury or death.

The minimum insurance cover shall be:

(a) The maximum deductible for insurance of the Works and of Plant and Materials is Tk 15% of contract price.
[the Contractor shall provide this amount at the time of Contract signing].

(b) The minimum cover for insurance of the Works and of Plant and Materials in respect of the Contractor’s faulty design is Tk 110% of contract price.

[the amount could be 110% of the value of the works, plant and materials that may be lost in a worst case scenario].

(c) The maximum deductible for insurance of Equipment is Tk N/A.

[the Contractor shall provide this amount at the time of Contract signing].

(d) The minimum cover for loss or damage to Equipment is Tk 110% of the replacement value of the equipment.

[the amount could be 110% of the replacement value of the equipment]

(e) The maximum deductible for insurance of other property is Tk N/A.

[the Contractor shall state this amount at the time of Contract signing].

(f) The minimum cover for insurance of other property is Tk 10% of contract price.

[it is the responsibility of the Contractor to obtain adequate insurance cover for such risks – recommended value 10% of contract price].
 (g) The minimum cover for personal injury or death insurance:
(i) for the Contractor’s employees is as per the law and common practice in Bangladesh.

(ii) and for third parties is as per the law and common practice in Bangladesh.

B. Time Control

GCC 40. Commencement of Works

Clause

40.1 Except otherwise specified in the PCC , the Commencement Date shall be the date at which the following precedent conditions have all been fulfilled and the Project Manager’s
instruction recording the agreement of both Parties on such fulfilment and instructing to commence the Works is received by the Contractor:

(a) signing of the Contract Agreement by both parties upon approval of the by relevant authorities;
(b) possession of the Site given to the Contractor as required for the commencement of the Works; and
(c) receipt by the Contractor of the Advance Payment under GCC Clause 75 provided that the corresponding Bank Guarantee has been delivered by the Contractor, if any.

Commencement Date of Works shall be as follows ; Within 07 (Seven) days of signing the Contract.

GCC 42. Programme of Works

Clause

42.1 Within the time stated in the PCC, the Contractor shall submit to the Project Manager for approval a Programme of Works showing the general methods, arrangements, order, and
timing for all the activities in the Works. The programme may be in the form of an Implementation Schedule prepared in any software or other form acceptable to the Project Manager.

The Contractor shall submit a Programme for the Works within 07 (seven) days of signing the Contract.
[usually fifteen (15) days]

42.2 The Contractor shall submit to the Project Manager for approval of an updated Programme at intervals no longer than the period stated in the PCC. An update of the Programme shall
be a Programme showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining work, including any changes to the sequence
of the activities.

The period between Programme updates is : 15 (Fifteen) days.

42.3 If the Contractor does not submit an updated Programme of Works at the intervals as stated under GCC Sub Clause 42.2 , the Project Manager may withhold an amount as stated in
the PCC from the next payment certificate and continue to withhold this amount until the next due payment after the date on which the overdue Programme of Works has been submitted.

The amount to be withheld for late submission of an updated Programme is : 01% of contract price.

C. Quality Control

GCC 57. Correction of Defects

Clause

57.1 The Project Manager shall give notice to the Contractor, with a copy to the PE and others concerned, of any Defects before the end of the Defects Liability Period, which begins at
Completion Date, and is defined in the PCC. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

The Defects Liability Period is : 12 (Twelve) months.

D. Cost Control

GCC 66. Payments to the Contractor

Clause

66.3 Payments due to the Contractor in each certificate shall be made into the Bank Account in any scheduled Bank of Bangladesh of the title of the Contract specified in the PCC,
nominated by the Contractor in the currency specified in the Contract.

The particulars of the Bank Account nominated are as follows :

Title of the Account : ..................................[insert title to whom the Contract awarded]
Name of the Bank : ....................................[insert name with code, if any]
Name of the Branch : .................................[insert branch name with code ,if any]
Account Number : .....................................[insert number]
Address : .................................................[insert location with district]
Tel :
Fax :
e-mail address :
[information furnished by the Contractor shall be substantiated by the concerned Bank and authenticated by the PE]

GCC 69. Compensation Events

Clause

(m) Other Compensation Events described in the Contract or determined by the Project Manager in the PCC shall apply.

The following additional events shall also be the Compensation Events : None.

GCC 71. Price Adjustment

Clause

71.1 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the PCC. If so provided, the amounts as certified in each payment certificate, before deducting for
Advance Payment, shall be adjusted by applying the respective price adjustment factor to the payment amount. The formula indicated below applies:

P= A B (Im/Io)
where:

P is the adjustment factor

A and B are Coefficients specified in the PCC, representing the nonadjustable and adjustable portions, respectively, of the Contract; and
Im is the Index during the month the work has been executed and Io is the Index prevailing twenty eight (28) days prior to the deadline for submission of Tender.
The Indexes to be used is as published by the Bangladesh Bureau of Statistics (BBS) on a monthly basis. In case not available, then other countries or authorities of the sources mentioned
in Appendix to the Tender may be used.

The Contract is not subject to price adjustment : N/A.

GCC 72. Retention Money
Clause

72.1 The PE may retain from each progressive payment due to the Contractor at the percentage specified in the PCC until completion of the whole of the Works under the Contract.

The proportion of payments to be retained is 10 (Ten) percent.

GCC 73. Liquidated Damages

Clause

73.1 The Contractor shall pay liquidated damages to the PE at the rate per day stated in the PCC for each day that the Completion Date is later than the Intended Completion Date. The
total amount of liquidated damages shall not exceed the amount defined in the PCC. The PE may deduct liquidated damages from payments due to the Contractor. Payment of liquidated
damages shall not affect the Contractor’s liabilities.

The amount of Liquidated Damages or in other words Delay Damages for the uncompleted Works or any part thereof is 0.10 percent of its Contract price per day of delay.

GCC 74. Bonus

Clause

74.1 The Contractor shall be paid a Bonus calculated at the rate per calendar day if stated in the PCC for each day (less any days for which the Contractor is paid for acceleration) that the
Completion of the whole of the Works is earlier than the Intended Completion Date. The Project Manager shall require certifying that the Works are complete, although they may not have
fallen due to being complete as per approved updated Programme of Works.

The Bonus for the whole of the Works is [insert percentage] percent of the final Contract price per day. : N/A.
The maximum amount of Bonus for the whole of the Works is [insert percentage] percent of the final Contract price. : N/A.

GCC 75. Advance Payment

Clause

75.1 If so specified in the PCC, the PE shall make advance payment to the Contractor of the amounts and by the dates stated in the PCC against provision by the Contractor of an
Unconditional Bank Guarantee in a form and by a bank acceptable to the PE in an amount equal to the advance payment. The Guarantee shall remain effective until the advance payment
has been repaid, but the amount of the Guarantee shall be progressively reduced by the amounts repaid by the Contractor. Interest will not be charged on the advance payment.

The Advance Payment shall be Tk [insert amount] and shall be paid to the Contractor not later than [insert date]. : N/A.

GCC 77. Provisional Sums

Clause

77.2 Plants, Materials or Services to be purchased by the Contractor under the provisions of GCC Sub Clause 77.1 from Nominated Subcontractor(s) or for meeting the other expenditures
under the Contract, and for which there shall be included in the Contract price, the actual amounts paid or due to be paid by the Contractor, and a sum for VAT, profit and overhead charges,
as applicable, calculated as a percentage of these actual amounts by applying the relevant percentage rate stated in the PCC.

The percentage for adjustment of Provisional Sums is : None.

E. Completion of the Contract

GCC 84. As-built Drawings and Manuals

Clause

84.1 If “As Built” Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in the PCC.

The date by which “as-built” drawings are required is : 15 (fifteen) days after completion of works.

The date by which operating and maintenance manuals are required is : N/A.

84.2 If the Contractor does not supply the Drawings and/or Manuals by the dates specified in GCC Sub Clause 84.1, or they do not receive the Project Manager’s approval, the Project
Manager shall withhold a nominal amount specified in the PCC from payments due to the Contractor.

The amount to be withheld for failing to produce “as-built” drawings and/or operating and maintenance manuals by the date required is Tk 01% of security deposit.

F. Termination and Settlement of Disputes

GCC 90. Payment upon Termination

Clause

90.1 If the Contract is terminated because of a fundamental breach of Contract under GCC Sub Clause 89.1 by the Contractor, the Project Manager shall issue a certificate for the value of
the Works done and Plant and Materials ordered less advance payments received up to the date of the issue of the certificate and less the amount from percentage to apply to the contract
value of the works not completed, as indicated in the PCC. If the total amount due to the PE exceeds any payment due to the Contractor, the difference shall be a debt payable to the PE.

The percentage to apply to the contract value of the works not completed, representing the PE’s additional cost for completing the uncompleted Works, is 20 (Twenty) percent.

G. Claims, Disputes and Arbitration

GCC 94. Settlement of Disputes

Clause

94.2 Adjudication

(a) If the Contractor believes that a decision taken by the Project Manager was either outside the authority given to the Project Manager by the Contract or that the decision was wrongly
taken, the decision shall be referred to the Adjudicator within fourteen (14) days of notification of the Project Manager’s decision in writing.

(b) The Adjudicator named in the PCC is jointly appointed by the parties. In case of disagreement between the parties, the Appointing Authority designated in the PCC shall appoint the
Adjudicator within fourteen (14) days of receipt of a request from either party.

(c) The Adjudicator shall give its decision in writing to both parties within twenty-eight (28) days of a dispute being referred to it.

(d) The Contractor shall make all payments (fees and reimbursable expenses) to the Adjudicator, and the PE shall reimburse half of these fees through the regular progress payments.

(e) Should the Adjudicator resign or die, or should the PE and the Contractor agree that the Adjudicator is not functioning in accordance with the provisions of the Contract; a new
Adjudicator will be jointly appointed by the PE and the Contractor. In case of disagreement between the PE and the Contractor the Adjudicator shall be designated by the Appointing
Authority within fourteen (14) days of receipt of a request from either party as stated under GCC Sub Clause 94.2 (b)

The Adjudicator jointly appointed by the parties is : N/A.

Name:
Address:
Tel No:
Fax No:
e-mail address:

In case of disagreement between the parties, the Appointing Authority for the Adjudicator is the President of the Institution of Project Managers, Bangladesh.

94.3 Arbitration
 (a) If the parties are unable to reach a settlement as per GCC Clauses 94.1 and 94.2 within twenty-eight (28) days of the first written correspondence on the matter of disagreement, then
either party may give notice to the other party of its intention to commence arbitration in accordance with GCC Sub Clause 94.3(b).

(b) The arbitration shall be conducted in accordance with the Arbitration Act (Act No 1 of 2001) of Bangladesh as at present in force and in the place shown in the PCC.

The arbitration shall be conducted in the place mentioned below ;

BUET, Dhaka.

Home | About e-GP | Contact Us | RSS Feed | Terms and Conditions | Service Level | Disclaimer and Privacy Policy | New Features
Best viewed in 1024 x 768 and above resolution. Browsers Tested & Certified by CPTU: Internet Explorer 8.x, 9.x, 10.x, 11.x and Mozila Firefox 13x, 14x, 29.x, 52.x, 53.x, 62.x, 70.x,
71.x, 72.x, 77.x, 86.x, 113.x and Google Chrome 79.x

Copyright © 2011 Central Procurement Technical Unit (CPTU). All Rights Reserved.
IMED, Ministry of Planning, Government of the People's Republic of Bangladesh