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Tender For Valves
Oct 09, 2018

Section 1.     Instructions to Tenderers

A.  General

1.      Scope of Tender

1.1          Titas Gas Transmission   & Distribution Co. Ltd.    (hereinafter referred to as the “Purchaser”) wishes to issues these   Tender Documents  for the supply of   Goods as specified in the TDS and as detailed in Section 6: Schedule of   Requirements.


1.2           The name of the Tender   and the number and identification of its constituent lot(s) are stated in the   TDS.


1.3           The successful Tenderer   will be required to complete the delivery of the goods as specified in the   GCC Clause 18.


1.4    A Single Stage Two Envelope tendering   procedure will be followed for the Invitation for Tender (IFT) under which   the tenderer shall submit simultaneously two separate sealed Envelopes, one   containing the Technical Proposal the other containing Financial Proposal. All together in   a single sealed envelope.

2.      Interpretation

2.1           Throughout this Tender   Document

                     (a)             the term “in writing”   means communication written by hand or machine duly signed and includes   properly authenticated messages by facsimile or electronic mail;

                    (b)             if the context so   requires, singular means plural and vice versa; and

                     (c)             “day” means calendar days   unless otherwise specified as working days;

                    (d)             "Tender Document   ", means the Document provided by a Purchaser to a Tenderer  as a basis for preparation of its Tender;

                     (e)             "Tender ",   depending on the context, means a Tender submitted by a Tenderer for delivery   of Goods and  Related Services to a   Purchaser in response to an Invitation for Tender ;

3.      Source of Funds

3.1  The   purchase will be financed under company’s own Cash Foreign       Exchange.

4.      Corrupt, Fraudulent, Collusive or Coercive Practices

4.1           The Government requires that Procuring Entities,   as well as Tenderers shall observe the highest standard of ethics during   implementation of procurement proceedings and the execution of Contracts   under public funds.

4.2           The Government requires that Procuring Entities,   as well as Tenderers and Suppliers shall, during the Procurement proceedings   and the execution of Contracts under public funds, ensure 

(a)       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 ITT Sub Clause 4.3.

4.3           For the purposes of ITT   Sub-clause 4.2 the terms set forth as bellows:

(a)    corrupt practice means offering, giving or promising to give,   receiving, or soliciting, either directly or indirectly, to any officer or   employee of a Purchaser 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   Purchaser 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 Purchaser, that is   designed to arbitrarily reduce the number of Tenders submitted or fix Tender   pricesat artificial, non-competitive levels, thereby denying a Purchaser the   benefits of competitive price arising from genuine and open competition; or

(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, and this   will include creating obstructions in the normal submission process used for   Tenders.

4.4           Should any corrupt,   fraudulent, collusive or coercive practice of any kind come to the knowledge   of the Purchaser, it will, in the first place, allow the Tenderer to provide   an explanation and shall, take actions only when a satisfactory explanation   is not received. Such exclusion and the reasons thereof, shall be recorded in   the record of the procurement proceedings and promptly communicated to the   Tenderer concerned. Any communications between the Tenderer and the Purchaser   related to matters of alleged fraud or corruption shall be in writing.

4.5           If corrupt, fraudulent,   collusive or coercive practices of any kind determined by the Purchaser   against any Tenderer alleged to have carried out such practices, the   Purchaser 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.

4.6           The Tenderer shall be   aware of the provisions on corruption, fraudulence, collusion and   coercion  and others as stated in GCC   Clause 3. 

5.      Eligible Tenderers

5.1           This Invitation for   Tenders is open to eligible Tenderers from all countries, except for any   specified in the TDS. A Tenderer will be eligible if it is a citizen, or is   constituted, registered and operates in conformity with the provisions of the   laws of that country.

5.2           A 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 Tender in response to an Invitation for Tenders.

5.3           Government-owned enterprises inBangladeshshall 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 Purchaser.

5.4          Tenderers shall have the legal capacity to   enter into the Contract. A  Tenderer   that is under a declaration of ineligibility by the Government of Bangladesh   in accordance with applicable laws at the date of the deadline for Tender   submission or thereafter shall be disqualified. 

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

5.6          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 or   coercive practices as stated under ITT Sub Clause 4.3.

5.7           Tenderers are not   restrained or barred from participating in public Procurement on grounds of   execution of defective supply in the past under any Contract.

5.8           Tenderers are not under a   declaration of ineligibility by an international financing agency such as   World Bank, Asian Development Bank or any other international agency.

5.9           Tenderers 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      Tenderers 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       Tenderers shall   provide such evidence of their continued eligibility satisfactory to the Purchaser, as the Purchaser 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 Services

6.1           All goods and related   services to be supplied under the contract 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           For goods contracts   requiring installation/ commissioning/ networking or similar services at   site, the Tenderer, at the Tenderer’s own responsibility and risk, is   encouraged to visit and examine the Site and obtain all information that may   be necessary for preparing the Tender and entering into a contract for the   supply of goods and related services.

7.2           The Tenderer should   ensure that the Purchaser is informed of the visit in adequate time to allow   it to make appropriate arrangements.

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

B.  Tender Document

8.      Tender Document: General

8.1          The Sections comprising   the Tender Document are listed below and should be read in conjunction with   any addendum issued under ITT Clause 11.

·                 Section 1   Instructions to Tenderers (ITT)

·                 Section 2   Tender Data Sheet (TDS)

·                 Section 3   General Conditions of Contract (GCC)

·                 Section 4   Particular Conditions of Contract (PCC)

·                 Section 5   Tender and Contract Forms

·                 Section 6   Schedule of Requirements

·                 Section 7   Technical Specifications

·                 Section 8   Drawings (if any)

8.2         The Purchaser shall   reject any Tender if the Tender Document was not purchased directly from   thePurchaser, or through its agent as stated in the TDS.

8.3          The Tenderer is expected   to examine all instructions, forms, terms, and specifications in the Tender   Document as well as addendum to Tender Documents.

9.      Clarification of Tender Documents

9.1          A prospective Tenderer   requiring any clarification of the Tender Document shall contact the   Purchaser in writing at the Purchasers address indicated in the TDS before two-third of time allowed for   preparation and submission of Tender elapses.

9.2           A Purchaser is not   obliged to answer any clarification received after that date requested under   ITT Sub-Clause 9.1.

9.3           The Purchaser shall   respond in writing within five (5) working days of receipt of any such   request for clarification received under ITT Sub-Clause 9.1


9.4           The Purchaser shall   forward copies of its response to all those who have purchased the Tender   Document, including a description of the enquiry but without identifying its   source.

9.5           Should the Purchaser deem   it necessary to amend the Tender Document as a result of a clarification, it   shall do so following the procedure under ITT   Clause 11.

10. Pre-Tender Meeting

10.1    To clarify issues and to answer questions on any matter arising in the   Tender Document, the Purchaser may, if stated in the TDS, hold a Pre-Tender   Meeting at the place, date and time as specified in the TDS. All Potential   Tenderers are encouraged to attend the meeting, if it is held.

11. Addendum to Tender Documents

11.1     At any time prior to the deadline for submission of Tenders, the   Purchaser on its own initiative or in response to a clarification request in   writing from a Tenderer, having purchased the Tender Document or as a result   of a Pre-Tender meeting, may revise the Tender Document by issuing an   addendum

11.2     The addendum   issued under ITT Sub-Clause 11.1 shall become an integral part of the Tender   Document and shall have a date and an issue number and shall be circulated by   fax, mail or e-mail, to Tenderers who have purchased the Tender Documents   within five (5) working days of issuance of such addendum, to enable   Tenderers to take appropriate action.


C.  Qualification Criteria

12. General Criteria

12.1       The   Purchaser 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 Tender.


12.2       In   addition to meeting the eligibility criteria, as stated in ITT Clause 5, the Tenderer must satisfy the other   criteria stated in ITT Clauses   13 to 15 inclusive.

12.3       To qualify for a multiple   number of lots in a package for which tenders are invited in the Invitation   for Tenders, The Tenderer   shall demonstrate having resources and experience sufficient to meet the   aggregate of the qualifying criteria for the individual lot. The requirement   of overall experience and specific experience under ITT Sub-Clause 14.1 (a)   and 14.1 (b) shall not be separately applicable for individual lot.

13. Litigation History

13.1       The   maximum number of arbitration awards against the Tenderer over a period shall   be as specified  in the TDS.

14.   Experience   Criteria

14.1     Tenderers shall have the following minimum   level of supply experience to qualify for supplying the Goods under the   contract:

                      (a)                A minimum number of years   of overall experience in the supply of goods as specified in the TDS; and

                      (b)                Specific experience of   satisfactory completion of supply of similar goods of minimum value stated in   the TDS under maximum number of    contracts stated in TDS within the period stated in TDS; and

                      (c)                A minimum supply and/or   production capacity of Goods as specified in the TDS.

15.   Financial   Criteria

15.1     Tenderers shall have the following minimum level of financial capacity   of qualify for the supply of goods under the contract:

                      (a)               Availability of minimum   liquid assets or working capital or credit facilities from a Bank, as   specified in the TDS.

16.   Appointment of Subcontractor

16.1     Tenderer is not allowed to sub-contract any portion of the Supply.

D.  Tender Preparation

17. Only One Tender

17.1      If a Tender for Goods is   invited on ‘lot-by-lot’ basis, each lot shall constitute a Tender. A Tenderer   shall submit only one (1) Tender for each lot,   A Tenderer who submits or participates in   more than one (1) Tender for each lot will cause all the Tenders with that   Tenderer’s participation to be rejected.

18. Cost of Tendering

18.1      Tenderers shall bear all   costs associated with the preparation and submission of its Tender, and the   Purchaser shall not be responsible or liable for those costs, regardless of   the conduct or outcome of the Tendering process.

19. Issuance and Sale of Tender Document

19.1     Tender   Documents will be available to the potential Tenderers, requesting and   willing to purchase at the corresponding price as mentioned in the   advertisement that has been published in the newspaper.

19.2     Full contact   details with mailing address, telephone and facsimile numbers and electronic   mail address, as applicable, of those to whom Tender Documents have been   issued shall be recorded with a reference number  by the Purchaser or its agent.

20. Language of Tender

20.1    Tenders shall be written in 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 language, in which case, for purposes of interpretation   of the Tender, such translation shall govern.

20.2     Tenderers shall bear all costs of translation to the governing   language and all risks of the accuracy of such translation.

21.   Contents of   Tender

21.1 The tender   submitted by the tenderers shall comprise of two separate envelopes submitted   simultaneously, one containing only "Technical Proposal" and   the other "Price Proposal".

The Technical   Proposal shall be submitted in Triplicate   (one original & two copies) comprising of the following documents:

 a)Tenderer information sheet (FORM-A) as furnished in   Section 5.

b)   Authorisation for signing the Tender.

c)   Tender Form For Technical Proposal   (FORM-B) and Schedule of   Requirements duly filled in and signed.

d)    Tender   Security (FORM-E), pursuant to ITT Clause-29, 30 and 31.

e)    Product   Catalogue(s) pursuant to ITT Clause-25.2(d).

f)   Manufacturer's Authorisation   Certificate(s) (FORM-D), pursuant to ITT Clause-25.2(e).

g)        The completed Specifications Submission and Compliance   Sheet (FORM-C) as furnished in   Section 5 as stated under ITT clause 25.2;

h)   Letter   of Authorisation to Local Agent, if any, pursuant to ITT Clause-25.2(g).

i)    Other documents to be furnished by Local   Agent (if any), pursuant to ITT Clause-25.2(h).

j)    Original Money Receipt as evidence of   purchase of Tender Document. 

       [ If   a local agent wishes to submit tenders from more than one principal, in that   case separate documents are to be purchased for each principal and copy of   separate money receipts shall be furnished with the tender. ]

k)   Tender Document duly sealed and   signed.

l)    Any   other material and/or document required to be completed and submitted by the   Tenderers in accordance with the Instructions to Tenderers and Technical   Specifications.


The Price   Proposal shall be submitted in Triplicate   (one original & two copies) comprising of the following documents:

a)   Tender   form for Price Proposal (FORM-F)   duly filled in and signed.

b)   Price Schedule (FORM-G) duly filled in and signed.

22. Alternatives

22.1     Unless otherwise stated in the TDS, alternatives shall not be   considered.

23.   Tender Prices, Discounts

23.1       The prices and discounts   quoted by the Tenderer in the Price Schedule shall conform to the   requirements specified below. 

23.2       All lots or items as   listed in Section 6: Schedule of Requirements must be listed and priced   separately on the Price Schedule.

23.3       Tenders are being invited   either for a single lot or for a number of lots on ‘lot-by-lot’ basis, as   specified in the TDS.

23.4       Each lot shall constitute   a Tender, If Tenders for Goods are invited on ‘lot-by-lot’ basis.

23.5      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, unless otherwise stated in   the TDS

23.6       A Lot Tender not offering   minimum number of items of those being priced based on percentage of the   total number of items, and,  the   corresponding minimum value based on percentage of the total lot value, as   specified in the ITT Sub-Clause 23.5 shall also be considered non-responsive.  

23.7  a)        Prices shall be quoted on CFR Chittagong by Sea freight basis or  CFR Dhaka by Air freight basis as indicated   in the 'Price Schedule' and strictly in accordance with the Format and   instructions contained therein.

b)       Ocean   Freight/Airfreight Charges shall be paid at actual subject to maximum amount   as quoted by the Tenderer under this head.

c)        Commission payable to the local agent,   if any, should be specifically declared by     the Principal Tenderer.

d)       Prices quoted by the tenderer shall   remain fixed and valid until completion of the Contract performance and will   not be subject to variation on any account.

24. Tender Currency

24.1   Tender prices may be quoted either in U.S.Dollars,   EURO, Sterling Pounds or in any other freely convertible currency.

25. Documents   Establishing the Conformity of the Goods

25.1      To establish the   conformity of the Goods  to the Tender   Documents, the Tenderer shall furnish as part of its Tender the documentary   evidence that the Goods  conform to the   technical specifications and standards in Section 7.

25.2       Documentary evidence of   conformity of the Goods to the Tender Documents 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;

(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 Purchaser ; and

(c)            an item-by-item   commentary on the Purchaser’s Technical Specifications demonstrating   substantial responsiveness of the Goods to those specifications, or a   statement of deviations and exceptions to the provisions of Section 7.   Technical Specifications.

(d)     Product Catalogue:

Printed original   copy of the relevant product catalogue(s) in English language evidencing that   the offered goods are already in the standard product range of the   manufacturer should be furnished with the tender.  Detailed technical specifications and descriptions   and where applicable, Type/Model/Size of the offered items must be available   in the catalogue. Moreover, the   official website address of the manufacturer should be mentioned in their   product catalogue to verify the authenticity of the submitted original   printed catalogue”. Any document or drawing appearing to be made only   to suit this particular tender requirements will not be considered as   substitute of technical catalogue.  In   case the tenderer is not able to submit the original printed copy of the   catalogue with the tender for reasons beyond the control of the tenderer, fax   copy or photocopy of the same may be submitted at the time of tender   submission.  However, original printed   copy of the catalogue must be furnished within 7 days after the tender opening, otherwise the tender will be   treated as non-responsive.

(e)    Manufacturer's Authorisation:

In case the   Tenderer themselves are not the manufacturer of the offered goods, they must   furnish a certificate from the manufacturer to the effect that the Tenderer   has been duly authorised by the goods' manufacturer or producer to supply the   goods to the Purchaser's country.  Such   certificate should be furnished with the tender in Original Letter Head Pad   containing complete mailing address (Postal address, Phone No., Fax No.,   E-mail etc.) of the manufacturer duly signed by an authorised person.  In case the tenderer is not able to submit   the original copy or even a faxed/photocopy of the certificate with the Tender   for reasons beyond the control of the Tenderer, it must be furnished within 7 days after the Tender opening,   otherwise the Tender will be treated as non-responsive.

(f)    A certificate to be furnished with the   tender to the effect that the price quoted are the normal export price and   that the materials quoted are new and conform to the required specifications.

(g)     Letter of Authorisation to Local   Agent:

A Letter of   Authorisation to Local Agent, if any, to be issued by the Principal clearly   showing the commission payable to the agent in percentage on FOB value. Local   agent's commission will be paid in local currency at the exchange rate   prevailing on the day of Tender opening (Technical) after receipt of the   goods in Purchaser's Store.

(h)     Other Documents (to be furnished by   Local Agent):

Local Agents   shall also furnish their Trade Licence No., G.I.R. / T.I.N. No., Photocopy of   Indentor's Registration Certificate, Bangladesh Bank Permission, Membership   Certificate of Bangladesh Indenting Agents Association and VAT Certificate.

26. Documents Establishing Qualifications of the Tenderer

26.1     The documentary evidence of the Tenderer’s qualifications to perform   the contract if its Tender is accepted shall establish to the Purchaser’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  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 prescribed   by the Purchaser, as stated under ITT Clause 36. A Tender valid for a period   shorter than that specified will be rejected by the Purchaser as non-   responsive.

28. Extension of   Tender Validity and Tender Security

28.1     In justified exceptional circumstances, or   at the request from the prospective tenderers prior to the expiration of the   Tender validity period, the Purchaser may    extend of the Tender validity.

29. Tender Security

29.1     The Tender Security and its amount shall be determined sufficient to   discourage the submission of frivolous and irresponsible tenders and shall be   expressed as a rounded fixed amount and, shall not be stated as a precise   percentage of the estimated total Contract value.

29.2      The Tenderer shall   furnish as part of its Tender, in favour of the Purchaser or as otherwise   directed on account of the Tenderer as specified in TDS.

29.3    Amount of the Tender security may be determined on the basis of   different percentages for each lot, but the amount in fixed and currency as   specified in TDS, if so indicated that the Tenders are invited on lot-by-lot   basis under ITT Sub Clause 23.3

30. Form  of    Tender security

30.1        The Tender Security shall   be-

a)      in the form of an irrevocable bank guarantee  issued by an internationally reputable bank   and shall require to be endorsed by its any correspondent bank located in   Bangladesh (scheduled bank), to make it enforceable,   in the format  furnished in Section 5:   Tender and Contract Forms ; or,

(b)  in the form a Bank Draft/Pay Order issued   in favour of the Purchaser from any scheduled bank located in the Purchaser's   country.

30.2        be payable promptly upon   written demand by the Purchaser in the case of the conditions listed in ITT   Clause 33 being invoked; and

30.3        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. Authenticity of   Tender Security

31.1    The authenticity of the Tender security   submitted by a Tenderer shall be examined and verified by the Purchaser in   writing from the Bank issuing the security, prior to finalization of the   Evaluation Report

31.2    If a Tender Security is found to be not authentic, the Tender which it   covers shall not be considered for subsequent evaluation and in such case the   Purchaser shall proceed to take punitive measures against that Tenderer as   stated under ITT Sub-Clause 4.6.

31.3    Tender not accompanied by a valid Tender Security as stated under   Sub-Clause 29, 30 and 31, shall be considered as non-responsive.

32. Return of Tender   Security

32.1       No Tender security shall be returned by the   Tender Opening Committee during and after the opening of the Tenders

32.2       No Tender security shall be returned to the   Tenderers before contract signing, except to those who are found   non-responsive.

32.3       Tender securities of the non-responsive Tenders   shall be returned immediately after the Evaluation Report has been approved   by the Purchaser.

32.4       Tender securities of the responsive Tenderers   shall be returned only after the lowest evaluated responsive Tenderer has submitted the performance   security and signed the contract, that being even before the expiration of   the validity period specified in    Clause 27.

32.5     Tender Securities of the Tenderers not   consenting within the specified date in writing to the request made by the   Purchaser under ITT Sub-Clause 28.1 in regard to extension of its Tender validity   shall be discharged or returned forthwith.


33.   Forfeiture of Tender Security

33.1     The Tender   security  may be  forfeited if a Tenderer:

(a)    withdraws its   Tender after opening of Tenders but within the validity of the Tender as   stated under ITT Clauses 27,and 28; or

(b)   refuses to   accept a Notification of Award as stated under ITT Sub-Clause 60.3; or

(c)    fails to   furnish performance security as stated under ITT Sub-Clause 61.2; or

(d)   refuses to   sign the Contract/Purchase Order as stated under ITT Sub-Clause 65.2; or

(e)    does not   accept the correction of the Tender price following the correction of   arithmetic errors as stated under ITT    Clause 49

34. Format and   Signing of Tender

34.1      The Tenderer shall   prepare one (1) original of the documents comprising the Tender as described   in ITT Clause 21 and clearly   mark it “ORIGINAL”. In addition, the Tenderer shall prepare the number of   copies of the Tender, as specified in the TDS and clearly mark each of them   “COPY”. In the event of any discrepancy between the original and the copies,   the original shall prevail.

34.2      Alternatives, if   permitted under ITT Clause 22, shall be clearly marked “Alternative”.

34.3     The original and each copy of the Tender shall be typed or written in   indelible ink and shall be signed by a person duly authorised to sign on   behalf of the Tenderer. This authorisation shall consist of a written   authorisation and shall be attached to the Technical Proposal. 

34.4     The name and position held by each person signing the authorisation   must be typed or printed below the signature.

34.5     All pages of the original and of each copy of the Tender, except for   un-amended printed literature, shall be numbered sequentially and signed or   initialled by the person signing the Tender.

34.6     Any interlineations, erasures, or overwriting shall be valid only if   they are signed or initialled by the person(s) signing the Tender.

34.7     Person(s) signing the Tender shall describe his or her name, address,   position.


E.  Tender Submission

35. Sealing, Marking and Submission of Tender

35.1   The tenderer shall seal the original and   each copy of the Technical Proposal,    the original and each copy of the Price Proposal in separate   envelopes, duly marking them "Original-Technical   Proposal, Original-Price Proposal","Copy No. 1 -Technical Proposal,   Copy No.1 - Price Proposal" etc.   as appropriate. All together in a single sealed envelope.

35.2        Tenders shall be properly marked by Tenderers in   order not be confused with other types of correspondence which may also be   hand-delivered or posted by mail or courier service. The inner and outer   envelopes shall:

                      (a)              bear the name and address of the Tenderer ;

                      (b)              be addressed to the Purchaser as stated under ITT   Sub-Clause 36.1;

                      (c)             bear the specific identification of this   tendering process indicated in ITT Sub-Clause1.2 and any additional   identification marks as specified in the TDS; and

                     (d)             bear a statement “DO NOT OPEN BEFORE…” the   time    and date for Tender opening, as   stated under ITT Sub- Clause 42.2


35.3        The Tenderer is solely and entirely responsible   for pre-disclosure of Tender information if the envelope(s) are not properly   sealed and marked.


35.4      Tenders shall be delivered by hand or by mail, including courier   services to location as designated in the ITT Sub-Clause 36.1.


35.5      Tenders shall be submitted on the basis of this Tender Document issued   by the Purchaser.


35.6      The Purchaser will, on request, provide the Tenderer with a receipt   showing the date and time when it’s Tender was received.


35.7        When so specified in the TDS, tenderers shall   have the option of submitting their tenders electronically.


35.8        Tenderers submitting tenders electronically shall   follow the electronic tender submission procedures specified in the TDS.

36. Deadline for   Submission of tenders

36.1      Tenders shall be   delivered to the Purchaser at the address specified in the TDS and no later   than the date and time specified in the TDS.

36.2      The Purchaser 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 Purchaser and Tenderers   previously subject to the deadline will   thereafter be subject to the new deadline as extended.

37. Late tender

37.1      Any Tender received by   the Purchaser after the deadline for submission of Tenders as stated under   ITT Sub-Clause 36.1, shall be declared LATE, rejected, returned unopened to   the Tenderer.

38. Modification,   Substitution or  Withdrawal of Tenders

38.1     A Tenderer may modify, substitute or withdraw its Tender after it has   been submitted by sending a written notice duly signed by the authorised   signatory properly sealed, and shall include a copy of the authorisation (the   power of attorney), confirmed by an affidavit duly authenticated as stated   under ITT Clause 34.3, provided   that such written notice including the affidavit is received by the Purchaser   prior to the deadline for submission of Tenders as stated under ITT   Sub-Clause 36.1.

39. Tender   Modification

39.1       The Tenderer shall not be   allowed to retrieve its original Tender, but shall be allowed to submit   corresponding modification to its original Tender marked as “MODIFICATION”.

40. Tender   Substitution

40.1      The Tenderer shall not be   allowed to retrieve its original Tender, but shall be allowed to submit   another Tender marked as “SUBSTITUTION”.

41. Withdrawal of   Tender

41.1       The Tenderer shall be   allowed to withdraw its Tender by a Letter of Withdrawal marked as   “WITHDRAWAL”.

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