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Valves Project Submission
Oct 11, 2018


E.  Tender Submission

1.    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.

2.    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.

3.    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.

4.    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.

5.    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”.

6.    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”.

7.    Withdrawal of Tender

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


F.  Tender Opening and Evaluation

8.    Tender Opening

42.1     Tenders shall   be opened by Tender Opening Committee.


42.2     Tenders for Technical Proposal shall be opened in public immediately   after the deadline for submission of Tenders at the place, date and time as   specified in the TDS but no later than THREE HOUR after expiry of the   submission deadline. Tender opening shall not be delayed on the plea of   absence of Tenderers or his or her representatives.


42.3     Any specific electronic Tender opening procedures required if   electronic tendering is permitted under ITT Sub-Clause 35.7, shall be as   specified in the TDS.


42.4     Persons not   associated with the Tender may not be allowed to attend the public opening of   Tenders.


42.5     The Tenderers’   representatives shall be duly authorised by the Tenderer. Tenderers or their authorised representatives will be allowed to   attend and witness the opening of Tenders, and will sign a register   evidencing their attendance.


42.6     The authenticity of withdrawal or substitution of, or modifications to   original Tender, if any made by a Tenderer in specified manner, shall be   examined and verified by the Tender Opening Committee based on documents   submitted under ITT Sub Clause 38.1.



42.7  The Price Proposal will remain unopened and   will be held in the custody of the purchaser until the time of opening of the   Price Proposal of the Substantially Responsive Technical Proposals only. The   time, date and location of the opening of Price Proposal of the substantially   technically responsive Tenderer(s) will be advised in writing  by fax by the purchaser.

42.8        Upon completion of Tender   opening, all members of the Tender Opening Committee and the Tenderers or   Tenderer’s duly authorised representatives attending the Tender opening shall   sign by name, address, designation and their national Identification   Numbers  the Tender Opening Sheet,   copies of which shall be issued to the Head of the Purchaser or an officer   authorised by him or her and also to the members of the Tender Opening   Committee and any authorised Consultants and, to the Tenderers immediately.

42.9      The   omission of a Tenderer’s signature on the record shall not invalidate the   contents and effect of the record under ITT Sub-Clause 42.8.

9.    Evaluation of Tenders

43.1     Purchaser’s   Tender Evaluation Committee (TEC) shall examine, evaluate and compare Tenders   that are responsive to the mandatory requirements of Tender Documents in   order to identify the successful Tenderer.

43.2    Tenders shall   be examined and evaluated only on the basis of the criteria specified in the   Tender Document. 

10. Evaluation process

44.1    The 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 Tender Document.   The evaluation process should begin immediately after tender opening following  the steps:

                       (a)               Preliminary    Examination of Technical Proposal;

                      (b)               Technical Examinations and  Responsiveness;

                       (c)               Financial evaluation (Tenders determined as substantially Technically responsive);

11. Preliminary Examination

45.1     Compliance, adequacy and authenticity of the documentary evidences for   meeting the qualification criterion specified in the corresponding section of   the Tender document shall have to be preliminarily examined and verified.

45.2     The TEC shall confirm that the documents and information have been   provided in the Tender and the completeness of the documents shall be   verified, failing which the tender shall be considered as non-responsive.

12. Technical Examinations &Responsiveness

46.1      Only those Tenders   surviving preliminary examination need to be examined in this phase.

46.2     Secondly, the 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 Technical Proposal.

                      (b)               verification and   examination of the documentary evidence and completed Technical Specification   Submission Sheet including Product Catalogue, Data sheet and Drawing as   furnished in the Technical   Proposal.

                      (c)               verification and   examination of the documentary evidence that the Tenderer’s qualifications   conform to the Tender Documents and the Tenderer meets each of the Technical   Requirements.

                      (d)               verification and   examination of the documentary evidence that Tenderer has met all the   requirements in regards to scope of Supply as stated under Section 6,   Schedule of Requirements, without any material deviation or reservation.

46.3     TEC may consider a Tender as substantially responsive in the   evaluation, only if comply with the mandatory requirements as stated under   Clause 46.2.

46.4     Information contained in a Tender, that was not requested in the   Tender Document shall not be considered in evaluation of the Tender.

13. Clarification on Tender

47.1     The TEC may ask Tenderers for   clarifications of their Tenders,in order to assist the examination and   evaluation of the Technical Proposal.

47.2     Change in the   tender price shall not be sought or permitted, except to confirm correction   of arithmetical errors discovered by the Purchaser in the evaluation of the   Tender, as sated under ITT Clause 49.

47.3     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.

47.4     If a Tenderer does not provide clarifications of its Tender by the date   and time set in the TEC’s written request for clarification, its Tender shall not be considered in the evaluation.

47.5     Requests for clarification   shall be in writing and shall be signed by the Authorized Representative of   the Purchaser.

14. Restrictions on the Disclosure of Information   Relating to the Procurement Process

48.1     Following the   opening of Tenders until   issuance of Notification of Award no Tenderer shall, unless requested to   provide clarification to its Tender or unless necessary for submission of a   complaint, communicate with the concerned.

48.2    Tenderers   shall not seek to influence in anyway, the examination and evaluation of the Tenders.

48.3    Any effort by   a Tenderer to influence a Purchaser in its decision concerning the evaluation   of Tenders, Contract   awards may result in the rejection of its Tender as well as further action .

48.4    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.

48.5    Information   relating to the examination, evaluation, comparison, and post qualification   of the tender or contract award, shall not be disclosed to tenderers or any   other persons not officially concerned with such process.  

15. Correction of Arithmetical Errors

49.1     The TEC shall   correct any arithmetic errors that are discovered during the examination of   Tenders, and shall promptly notify the concerned Tenderer(s) of any such   correction(s). 

49.2      Provided that the Tender   is responsive, TEC shall correct arithmetical errors on the following basis:

                    (a)             If there is a discrepancy   between the unit price and the line item total that is obtained by   multiplying the unit price by the quantity, the unit price shall prevail and   the line item total shall be corrected, unless in the opinion of the TEC  there is an obvious misplacement of the   decimal point in the unit price, in which case the total price as quoted   willgovern and the unit price will be corrected;

                    (b)              If there is an error in a   total corresponding to the addition or subtraction of subtotals, the   subtotals shall prevail and the total shall be corrected.

49.3      Any Tenderer that does   not accept the correction of the Tender amount following correction of   arithmetic errors as determined by the application of ITT   Sub-Clause 49.2 shall be considered as non-responsive.

16. Conversion to Single Currency

50.1     For evaluation and comparison purpose, TEC shall convert all Tender   prices expressed in the amounts in various currencies into an amount in   Bangladeshi Taka currency, using the selling   exchange rates (B.C) established by the Sonali Bank, on the date of   opening of Technical Proposal.

17. Domestic Preference

51.1      Domestic preference shall be a factor in   tender evaluation, unless otherwise specified in the TDS

18. Financial Evaluation

52.1       The TEC shall evaluate each Tender that has been determined, up to   this stage of the evaluation, to be responsive to the mandatory requirements   in the Tender Document.

52.2     The Purchaser’s evaluation of a tender may require the consideration   of other factors, in addition to the Tender Price quoted as stated under ITT   Clause 23.  The effect of the factors   selected, if any, shall be expressed in monetary terms to facilitate   comparison of tenders. The factors, methodologies and criteria to be used   shall be as specified in TDS. The applicable economic factors, for the   purposes of evaluation of Tenders shall be adjustment for Deviations in   the  Delivery and Completion  Schedule

19. Evaluation of Domestic Preference

53.1      If the Tender document so specifies, the Tenderer will grant a margin   preference to goods manufactured inBangladeshas stated in ITT   Caluse 51 for the purpose of Tender comparison.

20. Price Comparison

54.1      The TEC shall compare all responsive Tenders to determine the   lowest-evaluated Tender.


54.2    The successful Tenderer shall not be selected through lottery under   any circumstances.

21. Negotiation

55.1     No negotiations shall be held during the Tender evaluation or award   with the lowest or any other Tenderer.

22. Rejection of All Tenders

56.1   The Purchaser may, in the circumstances as   stated under ITT Sub-Clause 56.2 reject all Tenders following recommendations   from the Evaluation Committee only after the approval of such recommendations   by the Head of the Purchaser.

56.2                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    offer, 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..

56.3   Notwithstanding anything contained in ITT   Sub-Clause 56.2 Tenders may not be rejected if the lowest evaluated price is   in conformity with the market price.

56.4   A Purchaser may on justifiable grounds,   annul the Procurement proceedings prior to the deadline for the submission of   Tenders.

56.5  AllTenders received by the Purchaser shall be   returned unopened to the Tenderers in the event Procurement proceedings are   annulled under ITT Sub-Clause 56.4.

23. Informing Reasons for Rejection

57.1        Notice of the rejection will be   given promptly within seven (7) days of decision taken by the Purchaser to   all Tenderers and, the Purchaser will, upon receipt of a written request,   communicate to any Tenderer the reason(s) for its rejection but is not required   to justify those reason(s).


G. Contract Award

24. Award Criteria

58.1      The Purchaser shall award the Contract to the Tenderer whose offer   is  responsive to the Tender Document   and that has been determined to be the lowest evaluated Tender.

58.2   A Tenderer shall no be   required, as a condition for award of contract, to undertake obligations not   stipulated in the Tender Document, to change its price, or otherwise to   modify its Tender.

25. Purchaser’s Right to Vary Quantities

59.1                The Purchaser 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 Section 6:   Schedule of Requirements, 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 Tender Document.


26. Notification of Award (NOA)

60.1        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 Purchaser shall issue the Notification of Award to the   successful Tenderer.


60.2                   The Notification of Award,  shall state:

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

                     (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;


60.3        The Notification of Award   shall be accepted in writing by the successful Tenderer within seven (7)   working days from the date of issuance of NOA.


60.4      Until   a formal contract/Purchase Order is issued, the Notification of Award shall   constitute a Contract, which shall become binding upon the furnishing of a   Performance Security.


60.5        The Notification of Award establishes a Contract   between the Purchaser and the successful Tenderer and the existence of a   Contract is confirmed through the signature of the Contract Document/Purchase   Order that includes all agreements between the Purchaser and the successful Tenderer.

27. Performance Security

61.1      The Performance Security shall be determined sufficient to protect the   performance of the Contract.


61.2   Performance Security shall be furnished by   the successful Tenderer in the amount specified   in the TDS and denominated in   the currencies in which the Contract Price is payable.


61.3      The proceeds   of the Performance Security shall be payable to the Purchaser unconditionally   upon first written demand as compensation for any loss resulting from the   Supplier’s failure to complete its obligations under the Contract.

28. Furnishing of Performance security

62.1      The Performance Security shall be in the form of irrevocable Bank Guarantee in the format as stated   under ITT Clause 61, shall be issued by an internationally reputable bank and it shall have correspondent   bank located in Bangladesh (Schedule Bank), to make it enforceable.

62.2        Within twenty-eight (28)   days from issue of the NOA, the successful Tenderer shall furnish the   Performance Security for the due performance of the Contract in the amount   specified under ITT Sub Clause 61.2.

29. Validity of Performance Security

63.1    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.

63.2    If under any circumstances date of completion of the Supplier’s   performance obligations under the Contract, including any warranty   obligations is to be extended, the Performance Security shall correspondingly   be extended for the extended period.

30. Authenticity of performance Security

64.1      The Purchaser shall verify the authenticity of the Performance   Security submitted by the successful Tenderer by sending a written request to   the branch of the bank issuing irrevocable Bank Guarantee in specified format.

64.2    If the Performance Security submitted under ITT Sub Clause 61.2 is not   found to be authentic, the Purchaser shall proceed to take measures against   the Tenderer.

31. Contract Signing

65.1      At the same time as the Purchaser issues the Notification of Award,   the Purchaser shall issue the formal Purchase Order/Contract and all   documents forming the Contract to the successful Tenderer.


65.2        Within twenty-eight (28)   days of the issuance of Notification of Award, the successful Tenderer   and the Purchaser shall sign the contract/Purchase Order provided that the   Performance Security submitted by the Tenderer is found to be   genuine.

65.3      In the case of   debriefing confidentiality of the evaluation process shall be  maintained.

Section   2. Tender Data Sheet

ITT Clause

Amendments   of, and Supplements to, Clauses in the Instruction to Tenderers

A.     Genaral

ITT 1.1

The Purchaser is :Titas Gas Transmission & Distribution Co. Ltd.

105, KaziNazrul Islam Avenue

Kawran Bazar C/A,   Dhaka-1215, Bangladesh.

ITT   1.2

The   name of the Tender: Procurement of Ball   Valve.

IFT   NO: PD.2312/398-MECD/BV

ITT   5.1

Tenderers   from the following countries are not eligible:

Any countrywith which GoB does not trade.Tenderers of Bangladesh   except manufacturers.

ITT 6.1

Goods   and Related Services from the following countries are not eligible:

Any   countrywith which GoB does not trade.

B.   Tender Document

ITT 8.2

The   Tender Document will be available from the following offices:

i)      Accounts Department, Titas Gas Transmission & Distribution Co Ltd,  

105, KaziNazrul Islam     Avenue, Kawran Bazar C/A, Dhaka-1215,Bangladesh.  

ii)   Accounts Department,   Petrobangla, PetroCenter, 3, Kawran Bazar C/A,

Dhaka-1215,   Bangladesh.

iii)  Accounts Department, BAPEX,   BapexBhaban (3rd Floor),

4, Kawran Bazar   C/A, Dhaka-1215, Bangladesh.

ITT 9.1

For   clarification of Tender purposes only, the Purchaser’s address is:

Attention: Deputy General Manager (Purchase).

Address:   Titas Gas Bhaban, (12th Floor), 105, KaziNazrul   Islam Avenue, Kawran Bazar C/A, Dhaka-1215.Bangladesh.

Telephone: +88028119380

Facsimile number: +88 02 9120513

Electronic mail address:

ITT 10.1

A   Pre- Tender meeting shall not be held.

C.   Qualification Criteria

ITT 13.1


ITT 14.1

As specified in “Technical Specifications”.

ITT 15.1


D.   Preparation of Tender

ITT 22.1

Alternatives shall not be permitted.

ITT 23.3

Tenders are being invited   forsingle lot.

ITT 23.5

Price shall be quoted for all the items of the   schedule. Partial offer is not acceptable.

ITT   25.2(b)

Spare parts are: As specified in the “Schedule   of Requirements”.

ITT 26.1(b)

Manufacturer’s authorization is: Required.

ITT   26.1(C)

After sales service is: As specified in the   “Technical Specifications”.

ITT 27.1

The Tender validity   period shall be 90 days.

ITT 29.2

In favour of Titas Gas Transmission & Distribution Co. Ltd.

ITT 29.3

The amount of the Tender Security shall be as   stated in the Tender Notice.

ITT 34.1

In addition to the original of the Tender, 2   copies shall be submitted.

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