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.
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.
37.1 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.
38.1 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.
39.1 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”.
40.1 The Tenderer shall not be allowed to retrieve its original Tender, but shall be allowed to submit another Tender marked as “SUBSTITUTION”.
41.1 The Tenderer shall be allowed to withdraw its Tender by a Letter of Withdrawal marked as “WITHDRAWAL”.
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.
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.
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);
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.
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.
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.
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.
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;
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.
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.
51.1 Domestic preference shall be a factor in tender evaluation, unless otherwise specified in the TDS
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
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.
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.
55.1 No negotiations shall be held during the Tender evaluation or award with the lowest or any other Tenderer.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
Amendments of, and Supplements to, Clauses in the Instruction to Tenderers
The Purchaser is :Titas Gas Transmission & Distribution Co. Ltd.
105, KaziNazrul Islam Avenue
Kawran Bazar C/A, Dhaka-1215, Bangladesh.
The name of the Tender: Procurement of Ball Valve.
IFT NO: PD.2312/398-MECD/BV
Tenderers from the following countries are not eligible:
Any countrywith which GoB does not trade.Tenderers of Bangladesh except manufacturers.
Goods and Related Services from the following countries are not eligible:
Any countrywith which GoB does not trade.
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,
iii) Accounts Department, BAPEX, BapexBhaban (3rd Floor),
4, Kawran Bazar C/A, Dhaka-1215, Bangladesh.
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.
Facsimile number: +88 02 9120513
Electronic mail address: firstname.lastname@example.org
A Pre- Tender meeting shall not be held.
C. Qualification Criteria
As specified in “Technical Specifications”.
Alternatives shall not be permitted.
Tenders are being invited forsingle lot.
Price shall be quoted for all the items of the schedule. Partial offer is not acceptable.
Spare parts are: As specified in the “Schedule of Requirements”.
Manufacturer’s authorization is: Required.
After sales service is: As specified in the “Technical Specifications”.
The Tender validity period shall be 90 days.
In favour of Titas Gas Transmission & Distribution Co. Ltd.
The amount of the Tender Security shall be as stated in the Tender Notice.
In addition to the original of the Tender, 2 copies shall be submitted.