01.Tender Document

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Section 1

SSSAF GROUP OF CO. LimitedDhanmondi, Dhaka.

TENDER DOCUMENT (NATIONAL)

FOR THE PROCUREMENT OF WORKS

Construction of Residential Building for the Workers and Labourers

Invitation for Tender No: 545556575859Issued on: 18th April, 2013.Tender Package No: abrm-ce09-987654Table of Contents

1Section 1. Instructions to Tenderers

1A. General

11.Scope of Tender

12.Corrupt, Fraudulent, Collusive or Coercive Practices

13.Eligible Tenderers

2B. Tender Document

24.Clarification of Tender Document

25.Addendum to Tender Document

2C. Qualification Criteria

26.General

27.Experience Criteria

28.Financial Criteria

29.Subcontractor(s)

3D. Tender Preparation

310.Only one Tender

311.Language of Tender

312.Contents of Tender

313.Tender Prices

314.Tender Currency

415.Documents Establishing the Tenderers Qualification

416.Validity Period of Tender

417.Tender Security

418.Form of Tender Security

419.Forfeiture of Tender Security

5E. Tender Submission

520.Sealing & Marking of Tender

521.Deadline for Submission of Tender

522.Modification, Substitution or Withdrawal of Tender

523.Tender Modification

524.Tender Substitution

525.Withdrawal of Tender

5F. Tender Opening & Evaluation

526.Tender Opening

527.Evaluation of Tenders

628.Preliminary Examination

629.Technical Examination & Responsiveness

630.Clarification on Tender

731.Correction of Arithmetical Errors

732.Financial Evaluation

733.Price Comparison

734.Negotiations

735.Post-qualification

7G. Contract Award

736.Notification of Award

737.Performance Security

838.Validity of Performance Security

839.Authenticity of Performance Security

840.Contract Signing

841.Right to Complain

9Section 2. Tender Data Sheet

9A. General

9B. Tender Document

9C. Qualification Criteria

10D. Tender Preparation

10E. Tender Submission

10F. Tender Opening and Evaluation

10G. Contract Award

11Section 3. General Conditions Of Contract

11A. General

111.Definitions

132.Corrupt, Fraudulent, Collusive or Coercive Practices

143.Documents Forming the Contract and Priority of Documents

144.Eligibility

145.Possession of the Site

146.Procuring Entitys Responsibilities

147.Contractors Responsibilities

148.Taxes and Duties

159.Contractors Personnel

15B. Time Control

1510.Start Date

1511.Intended Completion Date

1512.Programme of Works

1513.Extension of the intended completion time

15C. Quality Control

1514.Execution of Works

1515.Identifying Defects

1516.Testing

1617.Rejection of Works

1618.Remedial Work

1719.Correction of Defects

17D. Cost Control

1720.Contract Price

1721.Bill of Quantities (BOQ)

1722.Changes in the Quantities and Unit Rate or Price

1823.Variations

1824.Costing of Variation Orders

1925.Payment Certificates

1926.Payments to the Contractor

1927.Compensation Events

2028.Retention Money

2029.Liquidated Damages

2030.Performance Security

21E. Completion of Contract

2131.Completion

2132.Completion Certificate and Taking Over

2133.Amendment to Contract

2134.Final Account

2135.Release from Performance

22F. Termination and Settlement of Disputes

2236.Termination

2237.Payment upon Termination

2238.Property

23G. Disputes and Arbitration

2339.Settlement of Disputes

24Section 4. Particular Conditions of Contract

26Section 5. Tender & Contract Forms

34Section 6. Bill of Quantities

38Section 7. General Specifications

39Section 8. Particular Specifications

40Section 9. Drawings

Section 1. Instructions to TenderersA. General

1. Scope of Tender1.1 The Procuring Entity, as indicated in the Tender Data Sheet (TDS) issues this Tender Document for the procurement of Works and associated Services incidental thereto as specified in the TDS and as detailed in Section 6: Bill of Quantities. The name of the Tender and the number and identification of its constituent lot(s) are stated in the TDS.

2. Corrupt, Fraudulent, Collusive or Coercive Practices2.1 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) strict compliance with the provisions of Section 64 of the Public Procurement Act 2006 (Act 24 of 2006);

(b) abiding by the code of ethics as mentioned in the Rule127 of the Public Procurement Rules, 2008;

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

2.2 If corrupt, fraudulent, collusive or coercive practices of any kind determined by the Procuring Entity against any Tenderer alleged to have carried out such practices, the Procuring Entity shall -

(a) exclude the concerned Tenderer from further participation in the particular Procurement proceeding; or

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

or (c) declare, at its discretion, the concerned Tenderer to be ineligible to participate in further Procurement proceedings, either indefinitely or for a specific period of time.

3. Eligible Tenderers3.1 If so specified in TDS, only Enlisted Tenderers of the categories specified in the TDS are eligible to participate in the Tender under Limited Tendering Method.

3.2 In case of Open Tendering Method, invitation for Tenders is open to all potential Tenderers.

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

3.4 Tenderers and all parties constituting the Tenderer shall not have a conflict of interest pursuant to Rule 55 of the Public Procurement Rules, 2008.

3.5 The Tenderer in its own name or its other names or also in the case of its Persons in different names, shall not be under a declaration of ineligibility for corrupt, fraudulent, collusive or coercive practices as stated under ITT Clause 2 .

3.6 The Tenderer is solvent, e.g. the Tenderer is financially capable to perform the contract for the proposed Procurement.

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

B. Tender Document

4. Clarification of Tender Document 4.1 A prospective Tenderer requiring any clarification of the Tender Document shall contact the Procuring Entity in writing at the Procuring Entitys address indicated in the TDS before two-third of time allowed for preparation and submission of Tender elapses.

5. Addendum to Tender Document5.1 At any time prior to the deadline for submission of Tenders, the Procuring Entity on its own initiative or in response to a clarification request in writing from a Tenderer, may revise the Tender Document by issuing an addendum pursuant to Rule 95 of the Public Procurement Rules, 2008.

C. Qualification Criteria

6. General 6.1 Tenderer to be qualified by meeting predefined, precise minimum requirements, which entails setting pass/fail criteria, which if not met by the Tenderer, will be considered as non-responsive.

6.2 To qualify for a multiple number of lots in a package for which Tenders are invited in the invitationfor Tenders, the Tenderers shall demonstrate having resource and experience sufficient to meet the aggregate of the qualifying criteria for individual lots.

7. Experience Criteria 7.1 The Tenderer shall have the construction experience of satisfactory completion of similar works of a minimum value under a single or multiple numbers of contracts over a period, as specified in the TDS.

8. Financial Criteria 8.1 The Tenderer shall have the following minimum level of financial capacity to qualify for the performance of the Works under the Contract.

(a) the average annual construction turnover as specified in the TDS during the period specified in the TDS(b) availability of minimum liquid assets or working capital or credit facilities from a Bank, as specified in the TDS.

9. Subcontractor(s)9.1 The successful Tenderer shall under no circumstances assign the Works or any part of it to the Subcontractor(s).

D. Tender Preparation

10. Only one Tender10.1 The Tenderer who submits or participates in more than one (1) Tender in one (1) lot will cause all the Tenders of that particular Tenderer to be rejected

11. Language of Tender11.1 The Tender shall be written in the English language. Correspondences and documents relating to the Tender may be written in English or Bangla.

12. Contents of Tender12.1 The Tender prepared by the Tenderer shall comprise the following:

(a) Tender Submission Letter (Form PW2-1), which shall be completed without any alterations to its format, filling in all blank spaces with the information requested, failing which the Tender may be considered as non-responsive as being incomplete;

(b) Tenderer Information (Form PW2-2);(c) The priced Bill of Quantities using the form(

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