Bangladesh Telecommunications Company Limited

TENDER DOCUMENT

FOR

SUPPLY, INSTALLATION, TESTING, COMMISSIONING AND PROCUREMENT OF NECESSARY OTN(Optical Transmission Node) EQUIPMENT FOR 4 TIER DATA CENTER at Hightech Park (Kaliakoir) ON TURN-KEY BASIS.(PART-B, EQUIPMENT PART)

Director (Procurement)Bangladesh Telecommunications Company Limited (BTCL)Telephone Revenue Bhaban, Sher-e-Bangla Nagar, Dhaka-1207

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Table of Contents

Section 1. Instructions to Tenderers....................................................................6A. General..........................................................................................................................6

1. Scope of Tender..........................................................................................................62. Interpretation...............................................................................................................63. Source of Funds..........................................................................................................64. Corrupt, Fraudulent, Collusive, Coercive (or Obstructive in case ofDevelopment

Partner)Practices........................................................................................................75. Eligible Tenderers.......................................................................................................86. Eligible Goods and Related Services........................................................................97. Site Visit..................................................................................................................... 10

B. Tender Document.......................................................................................................108. Tender Document: General......................................................................................109. Clarification of Tender Documents..........................................................................1010. Pre-Tender Meeting...................................................................................................1011. Addendum to Tender Documents............................................................................11

C. Qualification Criteria..................................................................................................1112. General Criteria.........................................................................................................1113. Litigation History.......................................................................................................1214. Experience Criteria....................................................................................................1215. Financial Criteria.......................................................................................................1216. Subcontractor(s).......................................................................................................12

D. Tender Preparation....................................................................................................1317. Only One Tender.......................................................................................................1318. Cost of Tendering......................................................................................................1319. Issuance and Sale of Tender Document..................................................................1320. Language of Tender..................................................................................................1321. Contents of Tender...................................................................................................1322. Tender Submission Letter and Price Schedule......................................................1423. Alternatives................................................................................................................1424. Tender Prices and Discounts...................................................................................1425. Tender Currency........................................................................................................1626. Documents Establishing the Eligibility of the Tenderer........................................1627. Documents Establishing the Eligibility and Conformity of the Goods and Related

services..................................................................................................................... 1628. Documents Establishing the Tenderer’s Qualifications........................................1629. Validity Period of Tender.........................................................................................1730. Extension of Tender Validity and Tender Security.................................................1731. Tender Security.........................................................................................................1732. Form of Tender security...........................................................................................1833. Authenticity of Tender Security...............................................................................1834. Return of Tender Security........................................................................................1835. Forfeiture of Tender Security...................................................................................1836. Format and Signing of Tender.................................................................................19

E. Tender Submission....................................................................................................1937. Sealing, Marking and Submission of Tender..........................................................1938. Deadline for Submission of Tenders.......................................................................1939. Late Tender................................................................................................................2040. Modification, Substitution or Withdrawal of Tenders...........................................2041. Tender Modification..................................................................................................2042. Tender Substitution..................................................................................................2043. Withdrawal of Tender................................................................................................20

F. Tender Opening and Evaluation...............................................................................20

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44. Tender Opening.........................................................................................................2045. Evaluation of Tenders...............................................................................................2146. Evaluation process...................................................................................................2247. Preliminary Examination...........................................................................................2248. Technical Examinations and Responsiveness.......................................................2249. Clarification on Tender.............................................................................................2350. Restrictions on the Disclosure of Information........................................................2451. Correction of Arithmetical Errors............................................................................2452. Financial Evaluation..................................................................................................2453. Assessing the Price of unpriced Items.................................................................2654. Price Comparison......................................................................................................2655. Negotiation................................................................................................................. 2656. Post-qualification......................................................................................................2657. Procuring Entity’s Right to Accept any or to Reject Any or All Tenders..............2758. Rejection of All Tenders...........................................................................................2759. Informing Reasons for Rejection.............................................................................27

G. Contract Award...........................................................................................................2760. Award Criteria............................................................................................................2761. Procuring Entity’s Right to Vary Quantities............................................................2862. Notification of Award................................................................................................2863. Performance Security...............................................................................................2864. Form and Time Limit for Furnishing of Performance Security..............................2965. Validity of Performance Security.............................................................................2966. Authenticity of Performance Security.....................................................................2967. Contract Signing.......................................................................................................2968. Publication of Notification of Award of Contract....................................................2969. Debriefing of Tenderers............................................................................................3070. Adjudicator................................................................................................................3071. Right to Complain.....................................................................................................30

Section 2. Tender Data Sheet............................................................................31A. General........................................................................................................................31B. Tender Document.......................................................................................................32C. Qualification Criteria..................................................................................................32D. Preparation of Tender................................................................................................32E. Submission of Tender................................................................................................34F. Opening and Evaluation of Tenders.........................................................................34G. Award of Contract......................................................................................................35

Section 3. General Conditions of Contract.........................................................361. Definitions.................................................................................................................. 362. Interpretation.............................................................................................................373. Communications and Notices..................................................................................384. Governing Law..........................................................................................................385. Governing Language................................................................................................386. Corrupt, Fraudulent, Collusive, Coercive................................................................38( and Obstructive in case of Development Partner) Practices.....................................387. Documents Forming the Contract and Priority of Documents..............................398. Scope of Supply........................................................................................................409. Assignment................................................................................................................4010. Eligibility.................................................................................................................... 4011. Gratuities / Agency Fees..........................................................................................4012. Confidential Details...................................................................................................4013. Trademark,Patent and Intellectual Property Rights...............................................4114. Copyright................................................................................................................... 4115. Sub contracting.........................................................................................................41

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16. Supplier’s Responsibilities.......................................................................................4117. Procuring Entity’s Responsibilities.........................................................................4118. Issue change order, Repeat Orders or Order for Additional Delivery..................4119. Repeat Orders or Order for Additional Delivery.....................................................4220. Packing and Documents...........................................................................................4221. Delivery and Documents..........................................................................................4222. Acceptance................................................................................................................4223. Contract Price............................................................................................................4224. Transportation...........................................................................................................4325. Terms of Payment.....................................................................................................4326. Insurance................................................................................................................... 4327. Taxes and Duties.......................................................................................................4328. Performance Security...............................................................................................4329. Specifications and Standards..................................................................................4430. Inspections and Tests...............................................................................................4431. Warranty..................................................................................................................... 4532. Extension of Delivery and Completion Schedule..................................................4633. Liquidated Damages.................................................................................................4634. Limitation of Liability................................................................................................4735. Adjustment for Changes in Legislation...................................................................4736. Force Majeure............................................................................................................4737. Notice of Force Majeure............................................................................................4738. Duty to Minimise Delay.............................................................................................4839. Consequences of Force Majeure.............................................................................4840. Termination................................................................................................................4841. Amendment to Contract...........................................................................................4942. Settlement of Disputes.............................................................................................49

Section 4.Particular Conditions of Contract...........................................................51Section 5.Tender and Contract Forms....................................................................56Tender Submission Letter(Form PG3 – 1)....................................................................58Tenderer Information Sheet (Form PG3-2)....................................................................61Price Schedule for Goods (Form PG3-4A)....................................................................65Price Schedule for Related Services (Form PG3-4B)1.................................................66Specifications Submission and Compliance Sheet (Form PG3-5).............................67Manufacturer’s Authorisation Letter (Form PG3 - 6)...................................................68Bank Guarantee for Tender Security (Form PG3 – 7)..................................................69Notification of Award (Form PG3 - 9)............................................................................71Contract Agreement (Form PG3 -10).............................................................................72Bank Guarantee for Performance Security (Form PG3 – 11)......................................73Section 6. Schedule of Requirements......................................................................74

SCOPE OF WORKS..........................................................................................................75

Section 7.Technical Spécifications..........................................................................85Section: 8 Criteria and Process of Evaluation..............................................................98

Section 9.Particular Specifications.......................................................................104Section 10. Network Diagram...............................................................................128ANNEX-1.1......................................................................................................................128ANNEX-A........................................................................................................................131

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ANNEX-B........................................................................................................................133ANNEX-D........................................................................................................................134ANNEX-E.1.....................................................................................................................135ANNEX-E.2.....................................................................................................................136ANNEX-F.........................................................................................................................137ANNEX-I..........................................................................................................................139

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Section 1. Instructions to Tenderers

A. General

1. Scope of Tender 1.1 The Procuring Entity, as indicated in the Tender Data Sheet (TDS)issues this Tender Document for the supply of Goods and related services incidental thereto, as specified in the TDS and as detailed in Section 6: Schedule of Requirements. The name of the Tender and the number and identification of its constituent lot(s) are stated in the TDS.

1.2 The successful Tenderer shall be required to complete the delivery of the Goods and related services as specified in the General Conditions of Contract.

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) “Person” means and includes an individual, body of individuals,

sole proprietorship, partnership, company, association or cooperative society thatwishes to participate in Procurement proceedings;

(e) “Tenderer” means a Person who submits a Tender;(f) "Tender Document ", means the Document provided by the

Procuring Entity to a Tenderer as a basis for preparation of its Tender;

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

3. Source of Funds 3.1 The Procuring Entity has been allocated public funds from the source as indicated in the TDS and intends to apply a portion of the funds to eligible payments under the contract for which this Tender Document is issued.

3.2 For the purpose of this provision, “public funds” means any funds allocated to the Procuring Entity under Government budget, or loan, grants and credits placed at the disposal of the Procuring Entity through the Government by the DevelopmentPartners or foreign states or organizations.

3.3 Payments by the Development Partner, if so indicated in the TDS, will be made only at the request of the Government and upon approval by the Development Partner in accordance with the applicable Loan/Credit/Grant Agreement, and will be subject in all respects to the terms and conditions of that Agreement.

4. Corrupt, Fraudulent, Collusive,

(a) The Government and the Development Partner, if applicablerequires that the Procuring Entity as well as the Tenderersand Suppliers (including their manufacturers, sub-

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Coercive (or Obstructive in case ofDevelopment Partner)Practices

contractors, agents, personnel, consultants, and service providers)shall observe the highest standard of ethics during implementation of procurement proceedings and the execution of Contracts under public funds.

(b) For the purposes of ITT Sub Clause 4.3, the terms set forth below as follows:

(c) “corrupt practice” means offering, giving or promising to give, receiving, or soliciting either directly or indirectly, to any officer or employee of the Procuring Entity 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 the Procuring Entity in connection with a Procurement proceeding or Contract execution;

(d) “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;

(e) “collusive practice” means a scheme or arrangement between two (2) or more Persons, with or without the knowledge of the Procuring Entity, that is designed to arbitrarily reduce the number of Tenders submitted or fix Tender prices at artificial, non-competitive levels, thereby denying the Procuring Entity the benefits of competitive price arising from genuine and open competition;

(f) “coercive practice” means harming or threatening to harm, directly or indirectly, Persons or their property to influence a decision to be taken in the Procurement proceeding or the execution of a Contract, and this will include creating obstructions in the normal submission process used for Tenders.

(g) “Obstructive practice” (applicable in case of Development Partner) means deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and /or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation.

(h) Should any corrupt, fraudulent, collusive, coercive (or obstructive in case of Development Partner) practice of any kind is determined by the Procuring Entity or the Development Partner, if applicable, this will be dealt in accordance with the provisions of the Public Procurement Act and Rules and Guidelines of the DevelopmentPartners as stated in the ITT sub-clause 3.3.In case of obstructive practice, this will be dealt in accordance with DevelopmentPartners Guidelines.

(i) If corrupt, fraudulent, collusive, coercive (or obstructive in case of Development Partner)practices of any kind is determined by the Procuring Entity against any Tenderer or Supplier(including its manufacturers, sub-contractors, agents, personnel, consultants, and service providers) in competing for, or in executing, a contract under

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public fund;:

i. Procuring Entity and/or the Development Partner shall exclude the concerned Tenderer from further participation in the concerned procurement proceedings;

ii. Procuring Entity and/or the Development Partner shallreject any recommendation for award that had been proposed for that concerned Tenderer;

iii. Procuring Entity and/or the Development Partner shalldeclare, at its discretion, the concerned Tenderer to be ineligible to participate in further Procurement proceedings, either indefinitely or for a specific period of time;

iv. Development Partner shall sanction the concerned Tenderer or individual, at any time, in accordance with prevailing Development Partner’ sanctions procedures, including by publicly declaring such Tenderer or individual ineligible, either indefinitely or for a stated period of time: (i) to be awarded a Development Partner-financed contract; and (ii) to be a nominated sub-contractor, consultant, manufacturer or Supplier, or service provider of an otherwise eligible firm being awarded a Development Partner-financed contract:and

v. Development Partner shall cancel the portion of the loan allocated to a contract if it determines at any time that representatives of the Procuring Entity or of a beneficiary of the loan engaged in corrupt, fraudulent, collusive, coercive or obstructivepractices during the procurement or the execution of that Development Partner financed contract, without the Procuring Entity having taken timely and appropriate action satisfactory to the Development Partner to remedy the situation

4.1 Tenderer shall be aware of the provisions on corruption, fraudulence, collusion, coercion (andobstruction, in case of Development Partner) of the Public Procurement Act, 2006, the Public Procurement Rules, 2008 and others as stated in GCC Clause 6.

4.2 In further pursuance of this policy, Tenderers, Suppliers and their manufacturers, sub-contractors, agents, personnel, consultants, service providers shall permit the Government and the Development Partner to inspect any accounts and records and other documents relating to the Tender submission and contract performance, and to have them audited by auditors appointed by the Government and/or the Development Partnerduring the procurement or the execution of that Development Partner financed contract.

5. Eligible Tenderers

5.1 This Invitation for Tenders is open to eligible Tenderers from all countries, except for any specified in the TDS.

5.2 Tenderers shall have the legal capacity to enter into the Contract.

5.3 Tenderers may be a physical or juridical individual or body of individuals, or company invited to take part in public procurement or seeking to be so invited or submitting a Tender in response to an Invitation for Tenders.

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5.4 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.

5.5 Tenderers should not be associated, or have been associated in the past, directly or indirectly, with a consultant or any of its affiliates which have been engaged by the Procuring Entity to provide consulting services for the preparation of the specificationsand other documents to be used for the procurement of the Goods to be supplied under this Invitation for Tenders.

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, coercivepractices as stated under ITT Sub Clause 4.4 (or obstructive practice, in case of Development Partner) in relation to the Development Partner’s Guidelines in projects financed by Development Partner.

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 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.

5.9 Government-owned enterprise in Bangladeshmay also participate in the Tender if it is legally and financially autonomous, it operates under commercial law, and it is not a dependent agency of the Procuring Entity.

5.10 Tenderers shall provide such evidence of their continued eligibility satisfactory to the Procuring Entity, as the Procuring Entity will reasonably request.

5.11 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.

For purposes of this clause, “origin” means the country where the goods have been mined, grown, cultivated, produced, manufactured or processed; or through manufacturing, processing, or assembling, another commercially recognized new product results that differs substantially in its basic characteristics from its components.

6.3 The origin of Goods and related services is distinct from the nationality of

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the Tenderer.

7. Site Visit 7.1 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

8.2 The Procuring Entity is not responsible for the completeness of the Tender Document and their addenda, if these were not purchased directly from the Procuring Entity, or through its agent as specified in the TDS

8.3 Tenderersare expected to examine all instructions, forms, terms, and specifications in the Tender Document as well as in addendum to Tender, if any.

9. Clarification of Tender Documents

9.1 A prospective Tenderer requiring any clarification of the Tender Document shall contact the Procuring Entity in writing at the Procuring Entity’s address and within time as specifiedin the TDS

9.2 The Procuring Entity is not obliged to answer any clarification received after that date requested under ITT SubClause 9.1.

9.3 The Procuring Entity 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 Procuring Entity 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 Procuring Entity 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 Procuring Entity 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.

10.2 Tenderersare requested to submit any questions in writing so as to reach the Procuring Entity not later than one day prior to the date of the meeting.

10.3 Minutes of the pre-Tender meeting, including the text of the questions raised and the responses given, together with any responses prepared after the meeting, will be transmitted within five (5)working days after holding the meeting to all those who purchased the Tender document and to even those who did not attend the meeting. Any revision to the Tender Document listed in ITTSubClause 8.1 that may become necessary as a

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result of the pre-Tender meeting will be made by the Procuring Entity exclusivelythrough the issue of an Addendum pursuant to ITT Sub Clause 11 and not through the minutes of the pre-Tender meeting.

10.4 Non-attendance at the pre-Tender meeting will not be a cause for disqualification of a Tenderer.

11. Addendum to Tender Documents

11.1 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, 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 SubClause 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.

11.3 The Procuring Entity shall also ensure posting of the relevant addenda with the reference number and date on their websites including notice boards. where the Procuring Entity had originally posted the IFTs

11.4 To give a prospective Tenderer reasonable time in which to take an amendment into account in preparing its Tender, the Procuring Entity may, at its discretion, extend the deadline for the submission of Tenders,pursuant to ITT Clause 37.2.

11.5 If an Addendum is issued when time remaining is less than one-thirdof the time allowed for the preparation of Tenders, the Procuring Entity shall extend the deadline by an appropriate number of days for the submission of Tenders, depending upon the nature of the Procurement requirement and the addendum. The minimum time for such extension shall not be less thanthree days.

C. Qualification Criteria

12. General Criteria 12.1 Tenderers shall possess the necessary professional and technical qualifications and competence, financial resources, equipment and other physical facilities, managerial capability, specific experience, reputation, and the personnel, to perform the contract, which entails setting pass/fail criteria, which if not met by the Tenderers, will result in consideration of its Tender as non-responsive.

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

12.3 To qualify for multiple number of contracts/lots in a package made up of this and other individual contracts/lots for which Tenders are invited in the Invitation for Tenders, the Tenderer shall demonstrate having resources sufficient to meet the aggregate of the qualifying criteria for the individual contracts. The requirement of general experience as stated under ITT Sub Clause 14.1(a) and specific experience, unless otherwise of different nature, as stated under ITT Sub Clause 14.1(b) shall not be separately applicable for each

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individual lot.

13. Litigation History

13.1 Litigation history shall comply with the requirement as stated under ITT Sub Clause 15.1(b).

14. Experience Criteria

14.1 Tenderers shall have the following minimum level of supply experience to qualify for supplying the Goods and related Services under the contract:(a) A minimum number of years of general experience in the

supply of Goods and related services as specified in the TDS; (b) specific experienceof satisfactory completion of supply of

Goods similar to the proposed goods in at least a number of contract(s)and, each with a minimum value, over the period, as specified 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 to qualify for the supply of goods under the contract:

(a) availability of minimum liquid assets i.e. working capital or credit line(s) from any scheduled Bank of Bangladesh, net of other contractual commitments, of the amount as specified in the TDS

(b) satisfactory resolution of all claims under litigation cases and shall not have serious negative impact on the financial capacity of the Tenderers. All pending litigation shall be treated as resolved against the Tenderers.

16. Subcontractor(s) 16.1 Tenderers may intend to subcontract an activity or portion of the Goods, in which case such elements and the proposed Subcontractor shall be clearly identified.

16.2 The Procuring Entity may require Tenderers to provide more information about their subcontracting arrangements. If any Subcontractor is found ineligible or unsuitable to carry out the subcontracted tasks, the Procuring Entity may request the Tenderers to propose an acceptable substitute.

16.3 A Subcontractor may participate in more than one Tender, but only in that capacity.

D. Tender Preparation

18. Only One Tender

17.1 If a Tender for Goods is invited for one or more items on an ‘item-by-item’ basis, in such case the offer for each item shall correspond to full quantity under that particular item and each such item shall constitute a Tender. A Tenderer who submits or participates in more than one (1) Tender for each item will cause all the Tenders with that Tenderer’s participation to be rejected.

17.2 If a Tender for Goods is invited for a single lot/package, the single lot/package shall constitute a Tender. Tenderers shall submit only one (1)

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Tender for the lot/package. Tenderer who submits more than one (1) Tender in the lot/packagewill cause all the Tenders of that particular Tenderer to be rejected.

17.3 If a Tender for Goods is invited for a number of lots on a”lot-by-lot” basis, each such lot shall constitute a Tender.Tenderers shall submit only one (1) Tender for each lot. Tenderer who submits more than one (1) Tender in one (1) lot of the package will cause all the Tenders of that particular Tenderer to be rejected.

19. Cost of Tendering

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

20. Issuance and Sale of Tender Document

19.1 The Procuring Entity shall make Tender Documents available immediately to the potential Tenderers, requesting and willing to purchase at the corresponding price by the date the advertisement has been published in the newspaper.

19.2 There shall not be any pre-conditions whatsoever, for sale of Tender Document and the sale of such Document shall be permitted up to the day prior to the day of deadline for the submission of Tender.

21. Language of Tender

20.1 Tenders shall be written in the English language. Correspondences and documents relating to the Tender may be written in English or Bangla. Supporting documents and printed literature furnished by the Tenderer that are part of the Tender may be in another language, provided they are accompanied by an accurate translation of the relevant passages in the English or Bangla 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.

22. Contents of Tender

21.1 The Tender prepared by the Tenderer shall comprise the following:

(a) the Tender Submission Letter (Form PG3-1), as stated under with ITT Sub Clause 22.1;

(b) the Tenderer Information as stated under ITT Clauses 5,26 and 27(Form PG3-2);

(c) the priced Schedule for each lot (Form PG3-4A and PG3-4B)as stated under ITT Clauses 22, 24and 25;

(d) the Tender Security as stated under ITT Clause 31, 32 and 33;

(e) the completed Specifications Submission and Compliance Sheet (Form PG3-5)as stated under ITT clause 27.2;

(f) the alternatives, if permissible, as stated under with ITT Clause 23;

(g) the written confirmation authorising the signatory of the Tender to commit the Tenderer, as stated underITT SubClause 36.3;

(h) the Valid Trade License;

(i) documentary evidence of Tax Identification Number (TIN) and

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Value Added Tax (VAT) as a proof of taxation obligations as stated under ITT Sub Clause 5.4;

(j) documentary evidence as stated under ITT Clause 26, 27and 28; establishing the Tenderer’s eligibility, eligibility and conformity of the Goods and related services and, the minimum qualifications of the Tenderers required to be met for due performance of the Goods and related services under the Contract;

(k) documents establishing legal and financial autonomy and compliance with commercial law, as stated under ITT Sub Clause 5.9 in case of government owned entity; and

(l) any other document as specified in the TDS.

23. Tender Submission Letter and Price Schedule

22.1 Tenderers shall submit the Tender Submission Letter (Form PG3-1), 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 rejected as being incomplete.

22.2 Tenderers shall submit the priced Schedule using the form(s) furnished in Section 5: Price Schedule.

22.3 If in preparing its Tender, the Tenderer has made errors in the unit rate or the total price, and wishes to correct such errors prior to submission of its Tender, it may do so, but shall ensure that each correction is initialled by the authorised person of the Tenderer

24. Alternatives 23.1 Unless otherwise stated in the TDS, Technical alternatives shall not be considered.

23.2 Only the technical alternatives, if any, of the lowest evaluated Tenderer conforming to the basic technical requirements will be considered by the Procuring Entity.

25. Tender Prices and Discounts

24.1 The prices and discounts quoted by the Tenderer in the Tender Submission Letter (Form PG3-1) and in the Price Schedule (Form PG3-4A and PG3-4B) shall conform to the requirements specified below.

24.2 Tenderers shall fill in unit rates for the items of the Goodsboth in figures and in words as described in the Price Schedule.

24.3 Tenders are being invited either for one or more items on an ‘item-by-item” basis or for a single lot or for a number of lots on ”lot-by-lot’ basis, as specified in the TDS.

24.4 All items or lots in Section 6: Schedule of Requirements must be listed and priced separately on the Price Schedule following the Form PG3-4A and PG3-4B.

24.5 Tenders being invited either for one or more items on an “item-by-item’ basis or for a single lot/package or for number of lots on “lot-by-lot” basis as stated under ITT Sub Clause 24.3, price quoted for an item shall correspond to full quantity under that particular item; otherwise the Tenders shall be considered non-responsive.

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24.6 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. Tenders being invited for a number of lots on “lot-by-lot” basis, the lot not quoting at least eighty (80) percent of the total number of items under that lot and, not representing at least sixty five (65) percent of the equivalent lot value shall be considered non-responsive.

24.7 A Lot Tender not offering minimum number of items of those being priced based on percentage of the total number of items as specified in the ITT Sub-Clause 24.6 and the corresponding minimum value based on percentage of the total lot value as specified in the ITT Sub-Clause 24.6 shall also be considered non-responsive

24.8 Subject to ITT Sub-Clause 24.6, a Lot tender not offering a particular item which represents more than fifty percent (50%) of the estimated lot value identified by the Procuring Entity and specified in the TDS, even if it complies with the requirement of minimum number of items based on percentage of the total number of items as stated under ITT Sub Clause 24.6, shall be considered non-responsive.

24.9 The price to be quoted in Tender Submission Letter (Form PG3-1) shall be the total price of the Tender, excluding any discounts offered.

24.10Tenderers shall quote any unconditional discounts and the methodology for application of that discount in the Tender Submission Letter as stated under ITT Sub Clause 24.12

24.11 Tenderers wishing to offer any unconditional discount for the award of more than one lot shall specify the discount applicable to each lot, or alternatively, to any combination of lots within the package in their Tender. Discounts will be submitted as stated under ITT Sub Clause 24.11, provided the Tenders for all lots are submitted and opened together.

24.12 All applicable taxes, custom duties, VAT and other levies payable by the Contractor under the Contract, or for any other causes, as of the date twenty-eight (28) days prior to the deadline for submission of Tenders, shall be included in the unit rates and the total Tender price submitted by the Tenderers.

24.13 The price of a Contract shall be fixed in which case the unit prices may not be modified in response to changes in economic or commercial conditions.

27. Tender Currency 25.1 Tenderers shall quote all prices in the Tender Submission Letter and in the Price schedule in Bangladesh Taka (BDT) currency.

28. Documents Establishing the Eligibility of the Tenderer

26.1 Tenderers, if applying as a sole Tenderer, shall submit documentary evidence to establish its eligibility as stated under ITT Clause 5 and, in particular, it shall:(a) complete the eligibility declarations in the Tender Submission

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Letter (Form PG3-1); (b) complete the Tenderer Information (Form PG3-2);(c) complete Subcontractor Information (Form PG3-3), if it intends

to engage any Subcontractor(s).

29. Documents Establishing the Eligibility and Conformity of the Goods and Related services

27.1 Tenderers shall complete the country of origin declarations in the Price Schedule Formsand, submit documentary evidence to establish the origin of all Goods and related services to be supplied under the Contract as stated under ITT Clause 6.

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

27.3 Documentary evidence of conformity of the Goods and related services 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) an “item-by-item” commentary on the Procuring Entity’s Technical

Specifications demonstrating substantial responsiveness of the Goods and related services to those specifications.

30. Documents Establishing the Tenderer’s Qualifications

28.1 Tenderers shall complete and submit the Tenderer Information (Form PG3-2) and shall include documentary evidence, as applicable to satisfy the following:

(a) general experience in the supply of Goods and related services as stated under ITT Sub Clause 14.1(a), substantiated by the year of Tenderer’s registration/constitution/licensing in its country of origin;

(b) specific experience of satisfactory completion of supply of Goods and related services under public or private sectorof similar nature and size as stated under ITT Sub Clause 14.1(b), substantiated by Completion Certificate (s) issued ,or duly certified, by the relevant Procuring Entity(s);

(c) a minimum supply and/or production capacity of Goods and related services as stated under ITT Sub Clause 14.1(c), substantiated by the relevant documents or updated brochures of the supplier and/or manufacturer;

(d) adequacy of minimum liquid assets i.e working capital substantiated by Audit Reports or bank statement or credit line(s) substantiated by any scheduled Bank of Bangladesh in the format as specified (Form PG3-8), without alterationas stated under ITT Sub Clause 15.1(a);

(e) information regarding claims under litigation, current or during the last years as specified in the TDS, in which the Tenderer is involved, the parties concerned, and value of claim as stated under ITT Sub Clause 15.1(b), substantiated by statementin its letter-head pad;

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(f) if required in the TDS, a Tenderer that does not manufacture or produce the Goods shall submit the Manufacturer’s Authorization Letter (Form PG3-6);

(g) authority to seek references from the Tenderer’s Bankers or any other sources in its letter-head pad; and

(h) reports on the financial standing of the Tenderers, such as profit and loss statements and audited balance sheet for the past years as specified in the TDS, substantiated by Audit Reports.

31. Validity Period of Tender

29.1 Tenders shall remain valid for the period specified in the TDS after the date of Tender submission deadline prescribed by the Procuring Entity. A Tender valid for a period shorter than that specified will be considered non- responsive.

32. Extension of Tender Validity and Tender Security

30.1 In exceptional circumstances, prior to the expiration of the Tender Validity period, the Procuring Entity may solicit all the Tenderers’ consent to an extension of the period of validity of their Tenders; provided that those Tenderers have passed the preliminary examination as stated under ITT Sub Clause 47.2.

30.2 The request for extension of Tender Validity period shall state the new date of the validity of the Tender.

30.3 The request and the responses shall be made in writing. Validity of the Tender Security provided under ITT Clause 31 shall also be suitably extended for twenty-eight (28) days beyond the new date for the expiry of the Tender Validity. If a Tenderer does not respond or refuses the request it shall not forfeit its Tender Security, but its Tender shall no longer be considered in the evaluation proceedings. A Tenderer agreeing to the request will not be required or permitted to modify its Tender.

33. Tender Security 31.1 Tenderers shall furnish as part of its Tender, in favour of the Procuring Entity or as otherwise directed on account of the Tenderer, a Tender Security in original form (not copy) and in the amount, as specified in the TDS.

31.2 One Tender Security, in a separate envelope, at the percentage as specified in TDS, of the total value of the items quoted by the Tenderer, shall be submitted, if so indicated that the Tenders for one or more items are invited on an ”item-by-item”basis.

31.3 In case of substitution of theTender as stated under ITT Clause 42a new Tender Security shall be required in the substituted Tender.

34. Form of Tender security

32.1 The Tender Security shall:(a) at the Tenderer’s option, be either;

i. in the form of a Bank Draft or Pay Order, orii. in the form of an irrevocable unconditional Bank Guarantee

issued by any scheduled Bank of Bangladesh, in the format (Form PG3-7), without any alteration, furnished in Section 5: Tender and Contract Forms;

(b) be payable promptly upon written demand by the Procuring Entity

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in the case of the conditions, as stated under ITT Clause 35.1being invoked; and

(c) 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 as stated under ITT Clause 35.1.

35. Authenticity of Tender Security

33.1 The authenticity of the Tender Security submitted by a Tenderer may be examined and verified by the Procuring Entity at its discretion in writing from the Bank issuing the security.

33.2 If a Tender Security is found to be not authentic, the Procuring Entity may proceed to take measures against that Tenderer as stated under ITT Sub Clause 4.4.

33.3 A Tender not accompanied by a valid Tender Security willbe considered non-responsive.

36. Return of Tender Security

34.1 NoTender Security shall be returned to the Tenderers before contract signing.

34.2 Unsuccessful Tenderer’s Tender Security will be discharged or returned as soon as possible but within twenty-eight (28) days after the expiry of the Tender Validity period as stated under ITT SubClause 29.1

34.3 The Tender Security of the successful Tenderer will be discharged upon the Tenderer’s furnishing of the performance security and signing of the Agreement.

37. Forfeiture of Tender Security

35.1 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 Sub Clause 29 and 30; or

(b) refuses to accept a Notification of Award, as stated under ITT Sub Clause 61.3; or

(c) fails to furnish performance security, as stated under ITT Sub Clause 62.1; or

(d) refuses to sign the Contract,as stated under ITT Sub Clause 67.2; or

(e) does not accept the correction of the Tender price following the correction of arithmetic errors, as stated under ITT Sub Clause 51.

38. Format and Signing of Tender

36.1 Tenderers 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.

36.2 Alternatives, if permitted under ITT Clause 23, shall be clearly marked “Alternative”.

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36.3 The original and each copy of the Tender shall be typed or written in indelible ink and shall be signed by the Person duly authorized to sign on behalf of the Tenderer. This Tender specific authorization shall be attached to the Tender Submission Letter (Form PG3-1). The name and position held by each Person(s) signing the authorization must be typed or printed below the signature. All pages of the original and of each copy of the Tender, except for un-amended printed literature, shall be numbered sequentially and signed by the person signing the Tender.

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

E. Tender Submission

39. Sealing, Marking and Submission of Tender

37.1 Tenderer shall enclose the original in one (1) envelope and all the copies of the Tender, including the alternative, if permitted under ITT Clause 23 in another envelope, duly marking the envelopes as “ORIGINAL (O)” “ALTERNATIVE (A)” (if permitted) and “COPY.” These sealed envelopes will then be enclosed and sealed in one (1) single outer envelope.

37.2 The inner and outer envelopes shall:

(a) be addressed to the Procuring Entity as stated under ITT SubClause 38.1;

(b) bear the name of the Tender and the Tender Number as stated under ITT Sub Clause 1.1;

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

(d) bear a statement “DO NOT OPEN BEFORE…” the time and date for Tender opening, as stated under ITT Sub Clause 44.1

(e) bear any additional identification marks as specified in the TDS37.3 Tenderersare solely and entirely responsible for pre-disclosure of Tender

information if the envelope(s) are not properly sealed and marked.

37.4 Tenders shall be delivered by hand or by mail, including courier services to location as designated in the ITT SubClause 38.1.

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

40. Deadline for Submission of Tenders

38.1 Tenders shall be delivered to the Procuring Entity at the address specified in the TDS and not later than the date and time specified in the TDS.

38.2 The Procuring Entity may, at its discretion, extend the deadline for submission of Tender as stated under ITT Sub Clause 37.1, in which case all rights and obligations of the Procuring Entity and Tenderers previously subject to the deadline will thereafter be subject to the new deadline as extended.

38.3 If submission of Tenders is allowed in more than one location, the date and time, for submission of Tenders for both the primary and the secondary place(s), shall be the “same and not different” as specified in the TDS.

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38.4 The Procuring Entity shall ensure that the Tenders received at the secondary place(s) are hand-delivered at the primary place as stated under ITT Sub Clause38.1, within THREE (3) HOURS after the deadline for submission of Tenders at the secondary place (s), in case of MULTIPLE DROPPING as stated under ITT Sub Clause 38.3, as specified in the TDS.

41. Late Tender 39.1 Any Tender received by the Procuring Entity after the deadline for submission of Tenders as stated under ITT SubClause 38.1, shall be declared LATE and returned unopened to the Tenderer.

42. Modification, Substitution or Withdrawal of Tenders

40.1 Tenderers 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; provided that such written notice including the affidavit is received by the Procuring Entity prior to the deadline for submission of Tenders as stated under ITT SubClause 38.1.

43. Tender Modification

41.1 Tenderers shall not be allowed to retrieve its original Tender but shall be allowed to submit corresponding modification to its original Tender marked as “MODIFICATION”.

44. Tender Substitution

42.1 Tenderers shall not be allowed to retrieve its original Tender but shall be allowed to submit another Tender marked as “SUBSTITUTION”.

45. Withdrawal of Tender

43.1 Tenderers shall be allowed to withdraw its Tender by a Letter of Withdrawal marked as “WITHDRAWAL”.

F. Tender Opening and Evaluation

46. Tender Opening 44.1 Tenders shall be opened immediately after the deadline for submission of Tenders at the primary place as specified in the TDS but not later than ONE HOUR after expiry of the submission deadline at the same primary place unless otherwise stated under ITT Sub Clause 44.2.

44.2 If submission of Tendersis allowed in more than one location as stated under ITT Sub Clause 38.3 and 38.4,Tenders shall be opened, immediately after receipt of Tenders from all the secondary place(s), at the primary place.

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

44.4 Tenderers’ representatives shall be duly authorized 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.

44.5 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 (TOC) based on documents submitted under ITT Sub Clause 40.1.

44.6 Ensuring that only the correct (M), (S), (A),(O) envelopes are opened,

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details of each Tender will be dealt with as follows:

(a) the Chairperson of the TOC will read aloud each Tender and record in the Tender Opening Sheet (TOS);

(i) the name and address of the Tenderer;

(ii) state if it is a withdrawn, modified, substituted, or original Tender;

(iii) the Tender price;

(iv) any discounts;

(v) any alternatives;

(vi) the presence or absence of any requisite Tender Security; and

(vii) such other details as the Procuring Entity, at its discretion, may consider appropriate;

(b) only discounts and alternative read aloudat the Tender opening willbe considered in evaluation;

(c) all pages of the original version of the Tender, except for un-amended printed literature, will be initialled by members of the TOC.

44.7 Upon completion of Tender opening, all members of the TOC and the Tenderers or Tenderer’s duly authorised representatives attending the Tender opening shall sign by name, address, designation, the TOS, copies of which shall be issued to the Head of the Procuring Entity 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

44.8 The omission of a Tenderer’s signature on the record shall not invalidate the contents and effect of the record under ITT Sub-Clause 44.7.

44.9 No Tender willbe rejected at the Tender opening stage except the LATE Tenders as stated in the ITT Clause 39.

48. Evaluation of Tenders

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

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

49. Evaluation process

46.1 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 four steps:

(a)Preliminary Examination;

(b)Technical Examinations and Responsiveness;

(c)Financial evaluation and price comparison;

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(d)Post-qualification of the lowest evaluated responsive Tenders.

50. Preliminary Examination

47.1 TEC shall examine the Tenders to confirm that all documentation as stated under ITT Clause 21 has been provided, to determine the completeness of each document submitted

47.2 TEC shall confirm that the following documents and information have been provided in the tender. If any of these documents or information is missing, the offer shall be rejected;

(a) Tender Submission Letter;

(b) Priced Schedule;(c) Written confirmation authorizing the signatory of the Tender to

commit the Tenderer; and(d) Valid Tender Security.

51. Technical Examinations and Responsiveness

48.1 TEC’s determination of a Tender’s responsiveness is to be based on the contents of the Tender itself without recourse to extrinsic evidence.

48.2 A responsive Tender is one that conforms in all respects to the requirements of the Tender Document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that:

(a) affects in any substantial way the scope, quality, or performance of the Goods and related services specified in the Contract; or

(b) limits in any substantial way, or is inconsistent with the Tender Documents, the Procuring Entity’s rights or the Tenderer’s obligations under the Contract; or

(c) if rectified would unfairly affect the competitive position of other Tenderers presenting responsive tenders.

During the evaluation of Tenders, the following definitions shall apply:

“Deviation” is a departure from the requirements specified in the Tender Document;

“Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Tender Document; and

“Omission” is the failure to submit part or all of the information or documentation required in the Tender Document.

48.3 If a Tender is not responsive to the mandatory requirements set out in the Tender Document, shall not subsequently be made responsive by the Tenderer by correction of the material deviation, reservation, or omission.

48.4 There shall be no requirement as to the minimum number of responsive tenders.

48.5 There shall be no automatic exclusion of Tenders which are above or below the official estimate.

48.6 TEC will examine the adequacy and authenticity of the documentary evidence which may follow the order below:

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(a) verification of the completeness of the country of origin declaration in the Price Schedule for Goods and related services (Form PG3-4A and 4B) to determine the eligibility of the Goods and related services.

(b) verification and examination of the documentary evidence and completed Specification Submission Sheet (Form PG3-5) to determine the conformity of the Goods and related services .

(c) verification and examination of the documentary evidence that the Tenderer’s qualifications conform to the Tender Document and the Tenderer meets each of the qualification criterion specified in SubSection C, Qualification Criteria.

48.7 Provided that a Tender is responsive, TEC may request that the Tenderer submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the Tender related to documentation requirements. Such omission shall not be related to any aspect of the rates of the Tender reflected in the completed Price Schedule or any mandatory criteria. Failure of the Tenderer to comply with the request may result in the consideration of its Tender as non-responsive.

48.8 The TEC may regard a Tender as responsive even if it contains;

(a) minor or insignificant deviations which do not meaningfully alter or depart from the technical specifications, characteristics and commercial terms and, conditions or other mandatory requirements set out in the Tender Document; or

(b) errors or oversights, that if corrected, would not alter the key aspects of the Tender.

52. Clarification on Tender

49.1 TEC may ask Tenderers for clarification of their Tenders, in order to facilitate the examination and evaluation of Tenders. The request for clarification by the TEC and the response from the Tenderer shallbe in writing, and Tender clarifications which may lead to a change in the substance of the Tender or in any of the key elements of the Tender as stated under ITT Sub Clause 49.2, will neither be sought nor be permitted.

49.2 Change in the Tender price shall not be sought or permitted, except to confirm correction of arithmetical errors discovered by the Procuring Entity in the evaluation of the Tender, as sated under ITT Clause 51.

49.3 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.

49.4 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.

53. Restrictions on the Disclosure of

50.1 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,

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Information communicate with the concerned Procuring Entity.

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

50.3 Any effort by a Tenderer to influence a Procuring Entity in its decision concerning the evaluation of Tenders, Contract awards may result in the rejection of its Tender as well as further action in accordance with Section 64 (5) of the Public Procurement Act 2006.

50.4 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 non-responsive.

54. Correction of Arithmetical Errors

51.1 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; and

(c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above.

51.2 TEC shall correct the arithmetic errors and shall promptly notify the concerned Tenderer(s), if the Tenderer does not accept the correction of arithmetic errors, its Tender shall be rejected.

55. Financial Evaluation

52.1 TEC will evaluate each Tender that has been determined, up to this stage of the evaluation, to be responsive to the requirements set out in the Tender Document.

52.2 To evaluate a Tender, TEC will consider the following:

(a) Tender price for Item(s) or Lot

(b) adjustment for correction of arithmetical errors as stated under ITT SubClause 51.2;

(c) adjustment for application of the methodology for determining the equivalent lot value, as stated under ITT Sub Clause 23.8, if any;

(d) adjustment for application of the economic factors, as stated under ITT SubClause 52.6, if any;

(e) adjustmentin order to take into consideration the unconditional discounts and methodology for application of the discount offered for being awarded more than one lot, as stated under ITT SubClauses 24.11 and 24.12, if any.

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52.3 Variations, deviations, alternatives and other factors which are in excess of the requirements of the Tender Document or otherwise result in unsolicited benefits for the Procuring Entity will not be taken into account in Tender evaluation

52.4 If so indicated in the ITT Sub Clause 24.3 the TEC may award one or multiple lots to one Tenderer following the methodology specified in ITT Sub Clause 52.5

52.5 To determine the lowest-evaluated lot or combination of lots, the TEC will take into account:

(a) the lowest-evaluated Tender for each item(s) or lot, as applicable .

(b) the resources sufficient to meet the qualifying criteria for the individual lot or aggregate of the qualifying criteria for the multiple lots; and

(c) the price reduction on account of discount per lot or combination of lots and the methodology for application of the discount as offered by the Tenderer in its Tender.

52.6 The Procuring Entity’s evaluation of a Tender may require the consideration of other factors, in addition to the Tender price quoted as stated under ITT Clause 24. 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:

(a) adjustment for deviations in the Delivery and Completion Schedule;

(b) cost of major replacement components, mandatory spare parts and service.

52.7 If the winning lot is missing some item(s), as stated under ITT Sub Clause 23.8, comprising twenty(20) percent or less number of items in the lot, the Procuring Entity may procure those missing item(s) from theother responsive Tenderer(s)quoting the lowest price for the missing item(s).

52.8 TEC may recommend to increase the amount of the Performance Security above the amounts as stated under ITT Sub Clause 62.1 but not exceeding twenty-five (25) percent of the Contract Price, if in the opinion of theTEC, it is found that the Tender is significantly below the updated official estimated cost.

56. Assessing the Price of unpriced Items

53.1 If it is so permitted under ITT Clause 24, any Tenderer offered only eighty percent (80%) the items of a lot as stated under ITT Sub-Clause 24.7, the TEC shall calculate the total lot value by adding up the average prices offered by other responsive Tenderers for the missing items to establish the winning lot Tender.

53.2 If the winning lot is missing some items as stated under ITT Sub Clause 53.1, comprising less than twenty percent (20%), the Procuring Entity may procure the missing items from the Tenderer offering the least cost for those remaining items.

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57. Price Comparison

54.1 TEC shall compare all responsive Tenders to determine the lowest-evaluated Tender, as stated under ITT Clause 52.

54.2 In the extremely unlikely event that there is a tie for the lowest evaluated price, the Tenderer with the superior past performance with the Procuring Entity shall be selected, whereby factors such as delivery period, quality of Goods delivered, complaints history and performance indicators could be taken into consideration.

54.3 In the event that there is a tie for the lowest price and none of the Tenderers has the record of past performance with the Procuring Entity, then the Tenderer shall be selected, subject to firm confirmation through the Post-qualification process described in ITT Clause 55, after consideration as to whether the quality of Goods that is considered more advantageous by the end-users.

54.4 The successful Tenderer as stated under ITT Sub Clauses 53.1, 53.2 and 53.3 shall not be selected through lottery under any circumstances.

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

59. Post-qualification

56.1 The determination on Post-qualification shall be based upon an examination of the documentary evidence of the Tenderer’s eligibility and qualifications submitted by the Tenderer as stated under ITT Clause 26 and 28, clarifications as stated under ITT Clause 49 and the qualification criteria as stated under ITT Clause 12,13,14 and 15. Factors not included therein shall not be used in the evaluation of the Tenderer’s qualification.

56.2 An affirmative determination shall be a prerequisite for award of the Contract to the Tenderer. A negative determination shall result in rejection of the Tenderer’s tender, in which event the TEC shall proceed to the next lowest evaluated tender to make a similar determination of that Tenderer’s capabilities to perform the Contract satisfactorily, if awarded.

56.3 TEC may verify information contained in the Tender by visiting the premises of the Tenderer as a part of the post qualification process, if practical and appropriate.

60. Procuring Entity’s Right to Accept any or to Reject Any or All Tenders

57.1 The Procuring Entity reserves the right to accept any Tender or to reject any or all the Tenders any time prior to contract award and, to annul the Procurement proceedings with prior approval of the Head of the Procuring Entity, any time prior to the deadline for submission of Tenders following specified procedures, without thereby incurring any liability to Tenderers, or any obligations to inform the Tenderers of the grounds for the Procuring Entity’s action.

61. Rejection of All Tenders

58.1 The Procuring Entity may, in the circumstances as stated under ITT SubClause 57.2, reject all Tenders following recommendations from the TEC only after the approval of such recommendations by the Head of the Procuring Entity.

58.2 All Tenders can be rejected, if -(a) the price of the lowest evaluated Tender exceeds the official

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estimated cost, 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 pursuant to Rule 127 of the Public Procurement Rules, 2008.

58.3 Notwithstanding anything contained in ITT SubClause 57.2 Tenders may not be rejected if the lowest evaluated price is in conformity with the market price.

62. Informing Reasons for Rejection

59.1 Notice of the rejection will be given promptly within seven (7) working days of decision taken by the Procuring Entity to all Tenderers and, the Procuring Entity 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

63. Award Criteria 60.1 The Procuring Entity shall award the Contract to the Tenderer whose Tender isresponsive to the Tender Document and that has been determined to be the lowest evaluated Tender, provided further that the Tenderer is determined to be Post-qualified as stated under ITT Clause 55.

60.2 Tenderers will not be required, as a condition for award, to undertake responsibilities not stipulated in the Tender documents, to change its price, or otherwise to modify its Tender.

64. Procuring Entity’s Right to Vary Quantities

61.1 The Procuring Entity, within the amount approved, reserves the right at the time of Contract Award to increase or decrease the quantityper item of Goods and related Services originally specified in Section 6: Schedule of Requirements, provided this does not exceed the percentage specified in the TDS, and without any change in the unit prices or other terms and conditions of the Tender and the Tender Document.

65. Notification of Award

62.1 Prior to the expiry of the Tender Validity period and within one (1) week of receipt of the approval of the award by the Approving Authority, the Procuring Entity shall issue the Notification of Award (NOA) to the successful Tenderer(s).

62.2 The NOA, attaching the contract as per the sample (Form PG3-9) to be signed, shall state:

(a) the acceptance of the Tender by the Procuring Entity;

(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 furnished; and

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(e) the date and time within which the contract shall be signed.

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

62.4 In the event, the Tenderswere invited for one (1) or more items onan “item-by-item” basis, contract(s) will comprise the corresponding item(s)awarded to the successful Tenderer(s) and,Contract(s) will be signed per each of the successful Tenderer(s),covering the corresponding item(s).

62.5 In the event, the Tenders were invited for a single lot , contract will comprise the corresponding items in the lot awarded to the successful Tenderer and, Contract will be signed with the successful Tenderer of the lot, covering the item(s).

62.6 In the event, the Tenders were invited for a number of lots on a “lot-by-lot” basis, contracts will comprise the corresponding items in a lot awarded to the successful Tenderer(s) and, Contract(s) will be signed per each of the successful Tenderer(s) per lot, covering the corresponding item(s).

62.7 Until a formal contract is signed, the NOA shall constitute a Contract, which shall become binding upon the furnishing of a Performance Security and the signing of the Contract by both parties.

66. Performance Security

63.1 Performance Security shall be provided by the successful Tenderer in BDT currency, of the amount as specified in the TDS.

63.2 The proceeds of the Performance Security shall be payable to the Procuring Entity unconditionally upon first written demand as compensation for Supplier’s failure to complete its obligations under the Contract.

63.3 In the event a Government owned enterprise as stated under ITT Sub Clause 5.10 is the successful Tenderer, there shall be Security Depositas specified in the TDS, in lieu of the Performance Security, as stated under ITT Sub Clause 62.1.

67. Form and Time Limit for Furnishing of Performance Security

64.1 The Performance Security shall be in the form of a Bank Draft, Pay Order or an irrevocable unconditional Bank Guarantee in the format (Form PG3-11), without any alteration, issuedby any scheduled Bank of Bangladesh acceptable to the Procuring Entity.

64.2 Within fourteen (14) days from the date of receipt of the NOA but not later than the date specified therein, the successful Tenderer shall furnish the Performance Security for the due performance of the Contract in the amount specified under ITT Sub Clause 62.1.

68. Validity of Performance Security

65.1 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.

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69. Authenticity of Performance Security

66.1 The Procuring Entity 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 the Pay Order, Bank Draft or irrevocable unconditional Bank Guarantee in specified format.

70. Contract Signing 67.1 At the same time as the Procuring Entity issues the NOA, the Procuring Entity shall send the draft Contract Agreement and all documents forming the Contract to the successful Tenderer(s).

67.2 Within twenty-eight (28) days of the issuance of NOA, the successful Tenderer(s) and the Procuring Entity shall sign the contract.

67.3 Failure of the successful Tenderer(s) to furnish the Performance Security, as stated under ITT SubClause 62.1, or sign the Contract, as stated under ITT SubClause 66.2, shall constitute sufficient grounds for the annulment of the award and forfeiture of the Tender Security. In that event the Procuring Entity may award the Contract to the next lowest evaluated responsive Tenderer(s), whois determined by the TEC to be qualified to perform the Contract satisfactorily.

71. Publication of Notification of Award of Contract

68.1 The NOA for Contract of Taka one crore and above shall be notified by the Procuring Entity to the Central Procurement Technical Unit within 7(seven) days of its issuancefor publication in their website, and that notice shall be kept posted for not less than a month.

68.2 The NOA for Contract below Taka one crore, shall be published by the Procuring Entity on its Notice Board and where applicable on the website of the Procuring Entity and that notice shall be kept posted for not less than a month.

72. Debriefing of Tenderers

69.1 Debriefing of Tenderers by the Procuring Entity shall outline the relative status and weakness only of his or her Tender requesting to be informed of the grounds for not accepting the Tender submitted by him or her, without disclosing information about any other Tenderer.

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

73. Adjudicator 70.1 The Procuring Entityproposes the person named in the TDS to be appointed as Adjudicator under the Contract, at an hourly fee and for those reimbursable expenses as specified in the TDS.

74. Right to Complain 71.1 Tenderer has the right to complain in accordance with the Public Procurement Act 2006 and the Public Procurement Rules, 2008.

6.4

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Section 2. Tender Data Sheet

Instructions for completing the Tender Data Sheet are provided, as needed, in the notes in italics and under lined mentioned for the relevant ITT clauses.

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

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A. General

ITT 1.1 The Procuring Entity is:Managing Director, Bangladesh Telecommunications Company Limited ( BTCL), Dhaka.Represented by:DIRECTOR (PROCUREMENT)Bangladesh Telecommunications Company Limited (BTCL)Telephone Revenue Bhaban, Sher-e-Bangla Nagar, Dhaka-1207The Name of the Tender is: SUPPLY, INSTALLATION, TESTING, COMMISSIONING AND PROCUREMENT OF NECESSARY OTN(Optical Transmission Node) EQUIPMENT FOR 4 TIER DATA CENTER at Hightech Park (Kalikoir) ON TURN-KEY BASIS.(Part B, EQUIPMENT PART)

Brief Description of the Works:.BTCL shall install DWDM equipment at Agargaon BCC, Moghbazar BTCL and Kaliakoir 4TNDC. The client level port initially shall have 20x1G, 4X10G and 1X40G at Moghbazar BTCL & Agargaon BCC and 40x1G, 8X10G and 2x40G at Kaliakoir 4TNDC. 100G (1 Lamda) each, backbone facilities will be established between Agargaon BCC – Kaliakoir 4TNDC and Moghbazar BTCL- Kaliakoir 4TNDC. They shall have main and redundant facilities at client level also. The link shall have two channels of 100G capacity initially of DWDM network and expandable up to 40 channels under the purview of this MoU.

Tender Ref: as specified in the IFT.

Lot No(s): PART-B (Equipment Part)

ITT 1.2 N/A

ITT 3.1 The source of public funds is: GoB through BCCITT 3.3

The name of the Development Partner is: None.

ITT 5.1 Tenderers from the following countries are not eligible: Israel.ITT 6.1 Materials, Equipment and associated services from the following countries are not

eligible: Israel.

B. Tender Document

ITT 8.2The following are authorised agents of the Procuring Entity for the purpose of issuing the Tender Document: None.

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ITT 9.1 For clarification of Tender Document purposes only, the Procuring Entity’s address is:DIRECTOR (PROCUREMENT)Bangladesh Telecommunications Company Limited (BTCL)Telephone Revenue Bhaban, Sher-e-Bangla Nagar, Dhaka-1207Telephone: 02-58150500 Fax No: 02 - 58150511e-mail address: dirprcmt@btcl.com.bdand contact Procuring Entity within: One third time remaining for tender submission.(date specified in IFT)

ITT 10.1A Pre- Tender meeting shall be held atAddress, Time & Date: As specified in the IFT.

C. Qualification Criteria

ITT 14.1(a) The minimum of years of general experience of the Tenderer in the supply of Goods and related services as Supplier shall be 5 (Five) years.

ITT 14.1(b) The minimum specific experience as Supplier in supply of similar Goods of at least 1 (One) contract(s) successfully completed within the last 5 (Five)years, each with a value of at least BDT 2(Two) core.

ITT 14.1(c) The minimum supply and/or production capacity of Goods is/ are:

Five times of equipments as we desired to procure per year.

ITT 15.1(a) The minimum amount of liquid assets i.e working capital or credit line(s) of the Tenderer shall be BDT 2(Two) core.

D. Preparation of Tender

ITT21.1(l) The Tenderer shall submit with its Tender the following additional documents:1. Documentary evidence to substantiate the year of registration/constitution/

licensing of the Bidder in its country of origin to fulfil the requirements of Clause ITT-14.1(a).

2. Experience Certificate(s) to fulfill the requirements of Clause ITT-14.1(b) and ITT-32.1(b). Such Certificate(s) shall be issued by the relevant procuring entityand must contain details of the Contracts such as the Project Name, brief description of the work, completion period with date, contract value, contact person(s)’ Name, Telephone number, Fax number etc.

3. A list of Manpower including CV (Form PW3-5) of the personnel as specified at Clause ITT-16.1.

4. Documentary evidence to prove Equipment Capacity as mentioned in Clause ITT-17.1: the Bidder shall submit a separate list of the equipment it owns with the Model nosand Serial nosand another separate listof the equipment it intends to lease or hirewith the Model nosand Serial nos along with the relevant lease/hire agreement.

5. Quotation for on Demand Maintenance Assistance in Form-D.

6. All other documents mentioned in the tender notice.N.B : if any bidder fails to submit item no-1 to 6 then the bidder will be treated

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as Non-Responsive.

ITT23.1 Alternatives will not be permitted.

ITT24.3 Tenders are being invited for a single lot.

ITT 24.6 Price quoted for each lot shall correspond at least to [insert figure %] of the items spe-cified for each lot and correspond at least to [insert figure %] of the total lot value.[Note: The figures shall be at least eighty percent (80%) of the total number of items required under that lot in the Schedule of Requirement, and representing at least sixty five percent (65%) of the estimated lot value to establish the winning lot Tender, simu-lated by incorporating the price of the missing items following procedures as stated under ITT Sub Clause 53.1]

ITT 24.8 The price for the necssary particular item must be quoted by the Tenderers[Section 6:Schedule of Requiremenst][state only when a particular item represents more than fifty (50) percent of the estim-ated lot value; if single particular item does not represent more than fifty (50) per-cent of the estimated lot value then state ‘none’]The following particular item repres-ents more than fifty percent (50%) of the estimated lot value is: [State the identifica-tion and name of the item as stated in section 6,Schedule of requirement], if single particular item does not represent fifty (50) percent of the estimated lot value than [state ‘none’]

ITT 28.1(e) The required information regarding claims under litigation shall be current or during the last 5 (Five)years.

ITT 28.1(f) Manufacturer’s Authorization is required for all the items listed in Section 6: Schedule of Requirements.

ITT 28.1(h) The required reports on the financial standing, such as profit and loss statements and audited balance sheet shall be for the past fiveyears.

ITT 29.1 The Tender Validity period shall be 90 (Ninety) days.

ITT 31.1 The amount of the Tender Security shall be 6 (Six) lacs in favour of

Director (Procurement),BTCL Address: Sher-e-Bangla Nagar Telephone Exchange Annex. Bldg. Sher-e-Bangla Nagar, Dhaka.

ITT36.1 In addition to the original of the Tender, 2(Two) copies shall be submitted.

E. Submission of Tender

ITT 37.2 The inner and outer envelopes shall bear the following additional identification marks: “Do not open before the date & time as of the Invitation for Tender or as of subsequent corrigendum (if any).”

ITT 38.1 For Tender submission purposes,the Procuring Entity’s address is:

Managing Director

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Bangladesh Telecommunications Company Limited Represented by: Director (Procurement) Address: Sher-e-Bangla Nagar Telephone Exchange Annex. Bldg. Sher-e-Bangla Nagar, Dhaka. Telephone: 02 58150500 Fax No: 02 58150511 e-mail address: ddlclpct@btcl.net.bd

The deadline for submission of Tenders is :

Time & Date:As specified in the IFT

ITT 38.3 For Tender submission purposes only, the Procuring Entity’s address is:Managing Director Bangladesh Telecommunications Company Limited Represented by: Director (Procurement) Address: Sher-e-Bangla Nagar Telephone Exchange Annex. Bldg. Sher-e-Bangla Nagar, Dhaka. Telephone: 02 58150500 Fax No: 02 58150511 e-mail address: ddlclpct@btcl.net.bd Time & Date: As specified in the IFT

F. Opening and Evaluation of Tenders

ITT44.1 The Tender opening shall take place at :

Director (Procurement) Address: Sher-e-Bangla Nagar Telephone Exchange Annex. Bldg. Sher-e-Bangla Nagar, Dhaka. Telephone: 02 58150500 Fax No: 02 58150511

e-mail address: ddlclpct@btcl.net.bd

Time & Date: :As specified in the IFT.

ITT 52.6 The applicable economic factors, for the purposes of evaluation of Tenders shall be:

(a) Adjustment for Deviations in the Delivery and Completion Schedule

“The Goods covered by this Tendering process are required to be delivered in accordance with, and completed within, the Delivery andCompletion Schedule specified in Section 6, Schedule of Requirements. No credit will be given for earlier completion.Tender offering late contract performance schedules within acceptable period will be accepted but the Tenders shall beadjusted in the evaluation by adding to the Tender Price at the rate of 0.1% ofthe Tender Price for each day of delay. Tender offering delivery schedules beyond 3 months of the date specified in Section 6, Schedule of Requirement, shall be rejected.”

(b) Cost of major replacement components, mandatory spare parts, and service

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List of high-usage and high-value items of components and spare partsof usage in the initial period five years of operation. The total cost of these items and quantities will be computed from spare parts unit prices submitted by the Tenderer and added to the Tender price, for evaluation purposes only.

G. Award of Contract

ITT60.1 The maximum percentage by which quantities per item may be increased is 20%.at the time of Contract Award.

The maximum percentage by which quantities per item may be decreased is 20%.at the time of Contract Award.

ITT62.1 The amount of Performance Security shall be ten (10) percent of the Contract Price.

ITT 62.3 The Security Deposit shall be deducted @ ten (10) percent from the the successful Tenderer’s payable invoices during Contract implementation, if awarded the Contract.

ITT 69.1 The Adjudicator proposed by the Procuring Entity is: To be proposed later by MD, BTCL

The hourly fee shall be: To be proposed later by MD, BTCL

And the reimbursable expenses shall be limited to: To be proposed later by MD, BTCLThe biographical data of the Adjudicator is:

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Section 3. General Conditions of Contract

1. Definitions 1.1 In the Conditions of Contract, which include Particular Conditions and these General Conditions, the following words and expressions shall have the meaning hereby assigned to them. Boldface type is used to identify the defined term:

(a) Adjudicator is the expert appointed jointly by the Procuring Entity and the Contractor to resolve disputes in the first instance, as provided for in GCC Sub Clause 42.2.

(b) Completion Schedule means the fulfilment of the Related Services by the Supplier in accordance with the terms and conditions set forth in the Contract;

(c) ContractAgreement means the Agreement entered into between the Procuring Entity and the Supplier, together with the Contract Documents referred to therein, including all attachments, appendices, and all documents incorporated by reference therein;

(d) Contract Documents means the documents listed in the Contract Agreement, including any amendments thereto;

(e) Contract Pricemeans the price stated in the Notification of Award and thereafter as adjusted in accordance with the provisions of the Contract;

(f) Cost means all expenditures reasonably incurred or to be incurred by the Contractor, whether on or off the point of delivery, including overhead,taxes, duties, fees and such other similar levies including corresponding incidental charges and premiums for banking and insurances, as applicable.

(g) Daymeans calendar days unless otherwise specified as working days;

(h) Delivery means the transfer of ownership of the Goods from the Supplier to the Procuring Entity in accordance with the terms and conditions set forth in the Contract;

(i) Force Majeure means an event or situation beyond the control of the Supplier that is not foreseeable, is unavoidable, and its origins not due to negligence or lack of care on the part of the Contractor; such events may include, but not be limited to, acts of the Government in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes or more as included in GCC Clause 36;

(j) GCC mean the General Conditions of Contract;(k) Goodsmeans raw materials, products and equipment and objects in

solid, liquid or gaseous form, electricity, and related Services if the value of such Services does not exceed that of the Goods themselves;

(l) Government means the Government of the People’s Republic of Bangladesh;

(m) Head of the Procuring Entity means the Secretary of a Ministry or a Division, the Head of a Government Department or Directorate; or the Chief Executive; or as applicable, Divisional Commissioner,

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Deputy Commissioner, Zilla Judge;or by whatever designation called, of a local Government agency, an autonomous or semi-autonomous body or a corporation, or a corporate body established under the Companies Act;

(n) Procuring Entity means a Entity having administrative and financial powers to undertake Procurement of Goods, Works or Services using public funds, as specified in the PCC;

(o) Related Servicesmeans Services linked to the supply of Goods contracts;

(p) PCC means the Particular Conditions of Contract;

(q) Subcontractormeans any natural person, private or government entity, or a combination of the above, to whom any part of the Goods to be supplied or execution of any part of the Related Services is subcontracted by the Supplier;

(r) Suppliermeans a Person under contract with a Procuring Entity for the supply of Goods and related services under the Act;

(s) Site means the point(s) of delivery named in the PCC

(t)Writing means communication written by hand or machine duly signed and includes properly authenticated messages by facsimile or electronic mail.

2. Interpretation 2.1 In interpreting the GCC, singular also means plural, male also means female or neuter, and the other way around. Headings in the GCC shall not be deemed part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract. Words have their normal meaning under the English language unless specifically defined.

2.2 Entire Agreement( The Contract constitutes the entire agreement between the Procuring Entity and

the Supplier and supersedes all communications, negotiations and agreements (whether written or oral) of parties with respect thereto made prior to the date of Contract Agreement; except those stated under GCC Sub Clause 7.1(i).

2.3 Amendment( No amendment or other variation of the Contract shall be valid unless it is in

writing, is dated, expressly refers to the Contract, and is signed by a duly authorised representative of each party thereto.

2.4 Non-waiver(a) Subject to GCC Sub Clause 2.4(b), no relaxation, forbearance, delay,

or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect, or restrict the rights of that party under the Contract, neither shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract.

(b) Any waiver of a party’s rights, powers, or remedies under the Contract must be in writing, dated, and signed by an authorised representative of the party granting such waiver, and must specify the right and the extent to which it is being waived.

2.5 Severability

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Iany provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract.

3. Communications and Notices

3.1 Communications between Parties (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.

3.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

3.3 A Party may change its address for notice hereunder by giving the other Party notice of such change to the address.

4.1 The Contract shall be governed by and interpreted in accordance with the laws of the People’s Republic of Bangladesh.

5. Governing Language

5.1 The Contract shall be written in English language. Correspondence and documents relating to the Contract exchanged by the Supplier and the Procuring Entity may be written in English or Bangla language. Supporting documents and printed literature that are part of the Contract may be in another language provided they are accompanied by an accurate translation of the relevant passages in English language, in which case, for purposes of interpretation of the Contract, this translation shall govern.

5.2 The Supplier shall bear all costs of translation to the governing language and all risks of the accuracy of such translation.

6. Corrupt, Fraudulent, Collusive, Coercive( and Obstructive in case of Development Partner) Practices

6.1 The Government and the Development Partner requires that the Procuring Entity as well as the Supplier (including their manufacturers, sub-contractors, agents, personnel, consultants and service providers), shall observe the highest standard of ethics during the implementation of procurement proceedings and the execution of contracts under public funds.

6.2 For the purpose of GCC Sub Clause 6.2 the terms set forth below as follows–

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

(d) coercive practice means harming or threatening to harm, directly or

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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

(e) “Obstructive practice” (applicable in case of Development Partner) means deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive orcollusive practice; and /or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation.

6.3 Should any corrupt, fraudulent, collusive, coercive practice( or obstructive practice in case of Development Partner ) of any kind, in competing for or in executing the Contract, is determined by the Procuring Entity, then the Procuring Entity may, upon giving 14 days’ notice to the Supplier, terminate the Supplier’s employment under the Contract and the provisions of Clause 40 shall apply as if such expulsion had been made under sub-clause 40.1 (Termination for Default).

6.4 If corrupt, fraudulent, collusive or coercive(or obstructive in case of Development Partners) practices of any kind determined by the Procuring Entity or the Development Partneragainst the Supplier alleged to have carried out such practices, the Procuring Entity and/or the Development Partner shall;

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

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

6.5 The Supplier shall be aware of the provisions on corruption, fraudulence, collusion, coercion and of the Public Procurement Act, 2006, the Public Procurement Rules, 2008 and in case of Development Partner financed contract, the Procurement Guidelines of the Development Partner.

6.6 The Supplier (including its manufacturers, sub-contractors, agents, personnel, consultants and service providers) shall permit the Government and/or the Development Partner to inspect the Supplier’s accounts and records and other documents relating to the submission of e-Tender and contract performance, and to have them audited by auditors appointed by the Government and/or the Development Partner, if so required.

7. Documents Forming the Contract and Priority of Documents

7.1 The following documents forming the Contract shall be in the following order of precedence, namely :

(a) The signed Contract Agreement;

(b) The Notification of Award;

(c) The Completed Tender;

(d) Particular Conditions of Contract;

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(e) General Conditions of Contract;

(f) Technical Specifications;

(g) Drawings;

(h) Priced Schedule and Schedule of Requirements and ;

(i) Other Documentsincluding correspondences listed in the PCC forming part of the Contract.

8. Scope of Supply

8.1 Subject to the PCC, the Goods and related services to be supplied shall be as specified in Section 6: Schedule of Requirements.

8.2 Unless otherwise stipulated in the Contract, the Scope of Supply shall include all such items not specifically mentioned in the Contract but that can be reasonably inferred from the Contract as being required for attaining delivery and completion of the Goods and related services as if such items were expressly mentioned in the Contract Agreement.

9. Assignment 9.1 The Supplier shall not assign his rights or obligations under the Contract, in whole or in part, except with the Procuring Entity’s prior written consent.

10.Eligibility 10.1 The Supplier and its Subcontractor(s) shall have the nationality of a country other than that specified in the PCC.

10.2 All Goods and related services to be supplied under the Contract shall have their origin in the countries except any specified in the PCC.

11.Gratuities / Agency Fees

11.1 No fees, gratuities, rebates, gifts, commissions or other payments, other than those shown in the Tender or the contract, shall be given or received in connection with the procurement process or in the contract execution.

12. Confidential Details

12.1 The Supplier shall not, except for purposes of performing the obligations in this Contract, without the Procuring Entity’s prior written consent, disclose this Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the Procuring Entity. Any such disclosure shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance.

12.2 Any document, other than this Contract itself, enumerated in GCC Clause 12.1 shall remain the property of the Procuring Entity and shall be returned (all copies) to the Procuring Entity on completion of the Supplier’s performance under this Contract if so required by the Procuring Entity.

13. Trademark,Patent and Intellectual Property Rights

13.1 The Procuring Entity should not be liable for any infringement of intellectual property rights arising from use of the goods procured. In case there are third-party claims of such infringement of patent, trademark, or industrial design rights, the supplier must indemnify and hold the Procuring Entity free and harmless against such claims and shall not be in contravention of Trademark Act, 2009 and Patent and Design Act, 1911.

14. Copyright 14.1 The copyright in all drawings, documents, and other materials containing data

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and information furnished to the Procuring Entity by the Supplier herein shall remain vested in the Supplier, or, if they are furnished to the Procuring Entity directly or through the Supplier by any third party, including suppliers of materials, the copyright in such materials shall remain vested in such third party.

15. Sub contracting

15.1 Any subcontracting arrangements made during contract implementation and not disclosed at the time of the Tendering shall not be allowed.

15.2 Subcontracting of any portion of the Goods shall not relieve the Supplier from any liability or obligations that may arise from its performance.

15.3 Supplier shall retain full responsibility for the contract and can not pass any contractual obligations to the Subcontractor and under no circumstances assignment of the contract to the Subcontractor be allowed.

15.4 Subcontractors shall comply with the provisions of GCC Clause 6 and 10.

16. Supplier’s Responsibilities

16.1 The Supplier shall supply all the Goods and related services specified in the Scope of Supplyas stated under GCC Clause 8 and the Delivery and Completion schedule,as stated under GCC Clauses 21 and 23in conformity with the provisions of the Contract Agreement.

17. Procuring Entity’s Responsibilities

17.1 Whenever the performance of the obligations in this Contract requires that the Supplier obtain permits, approvals and other license from local public authorities, the Procuring Entity may, if so needed by the Supplier, make its best effort to assist the Supplier in complying with such requirements in a timely and expeditious manner. However, the supplier shall bear the costs of such permits and/or licenses.

17.2 The Procuring Entity shall pay the Supplier, in consideration of the provision of Goods and related services, the Contract Price under the provisions of the Contract at the times and manner prescribed in the Contract Agreement.

18. Issue change order, Repeat Orders or Order for Additional Delivery

18.1 The Procuring Entity may at any time order the Supplier through notice in accordance with GCC Clause 3, to make changes within the general scope of the Contract in any one or more of the following:

(a)drawings, designs, or specifications, where goods to be delivered under the Contract are to be specifically manufactured for the Procuring Entity;

(b) the method of packing;

(c) the place(s) of delivery of goods and related services; and

(d) the related services to be provided by the Supplier.

18.2 The Procuring Entity may, in exceptional circumstances, issue Repeat Order or additional delivery where the items already been procured through competitive method of an additional quantity within warranty period provided that prices are still the most advantageous to the Procuring Entity after price verification.

18.3 The Supplier shall, under no circumstances, proceed to commence the delivery of Goods and related services under GCC Sub Clause 18.1 and 18.2 unless it has been approved by the Approving Authority orauthority next higher, as appropriate.

21.Repeat Orders or Order for

19.1 If any change under GCC Sub Clause 18.1causes an increase or decrease in the cost of, or the time required for, the Supplier’s performance of any provisions

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Additional Delivery

under the Contract, an equitable adjustment shall be made in the Contract Price or in the Delivery and Completion Schedule, or both, as applicable.

22. Packing and Documents

20.1 The Supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract and in accordance with existing industry standards. The packing shall be sufficient to withstand, without limitation, rough handling and exposure to extreme temperatures, salt and precipitation, and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit.

20.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract as stated under GCC Sub Clause 20.1, including additional requirements, if any, specified in the PCC, and in any subsequent instructions ordered by the Procuring Entity.

20.3 The outer packaging must contain a “Packing List” which must reflect the actual contents of the package.

23. Delivery and Documents

21.1 Subject to GCC Clause 18, the delivery of the Goods and completion of the related services shall be in accordance with the Delivery and Completion Schedule specified in the Section 6: Schedule of Requirements. The documents to be furnished by the Supplier shall be specified in the PCC.

24. Acceptance 22.1 Acceptance by the Procuring Entity shall be processed not later than fourteen (14) working days from receipt of the goods at final destination in the form of an Acceptance Certificate, unless any defects in the supply, any damage during transportation or any failure to meet the required performance criteria of the supply are identified and reported to the Supplier as stated under GCC Clause 29 and 30. In such cases the Acceptance Certificate will be issued only for those parts of the contract supplies which are accepted. The Acceptance Certificate for the remaining supplies will only be issued after the Supplier has remedied the defects and/or any non-conformity under GCC Clause 29 and GCC Clause 30.

22.2 Technical Inspection and Acceptance Committee (TIAC), if considered appropriate and constituted by the Procuring Entity shall commence the inspection and acceptance process within twenty-four(24) hours from delivery of the goods, and complete the same as soon as practicable.

25. Contract Price 23.1 The Contract Price shall be as specified in the PCC subject to any additions and adjustments thereto or deductions therefrom, as may be made pursuant to the Contract.

23.2 Prices charged by the Supplier for the Goods delivered and the related services performed under the Contract shall not vary from the price as stated under GCC SubClause 23.1, with the exception of any change in price resulting from a Variation Order or Repeat Order or Order for Additional Delivery issued under GCC Clause 18.

26. Transportation

24.1 The Supplier is required under the Contract to transport the Goods to a specified place of destination as specified in Section 6: Schedule of Requirements, defined as the Site, transport to such place of destination, including insurance, other incidental costs, and temporary storage, if any.

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27. Terms of Payment

25.1 The Contract Price, including any Advance Payments, if applicable, shall be paid in the manner as specified in the PCC.

25.2 The Supplier’s request for payment shall be made to the Procuring Entity in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and related services performed, and accompanied by the documents as stated under GCC Clause 21 and 22 and upon fulfilment of any other obligations stipulated in the Contract Agreement.

25.3 Payments shall be made promptly by the Procuring Entity, but in no case later than the days indicated in the PCC after submission of an invoice or request for payment by the Supplier, and after the Procuring Entity has accepted it.

25.4 Payments due to the Supplier under this Contract shall be made in Bangladeshi Taka (BDT) Currency.

25.5 In the event that the Procuring Entity fails to pay the Supplier any payment by its respective due date or within the period as stated under GCC Sub Clause 25.3, the Procuring Entity shall pay to the Supplier interest on the amount of such delayed payment at the rate specified in the PCC, for the period of delay until payment has been made in full.

28. Insurance 26.1 The Goodssupplied under this Contract shall be fully insured by the Supplier against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery until their acceptance by the Procuring Entity.

29. Taxes and Duties

27.1 The Supplier shall be entirely responsible for all applicable taxes, custom duties, VAT and other levies imposed or incurred inside or outside Bangladesh.

30. Performance Security

28.1 The Procuring Entity shall notify the Supplier of any claim made against the Bank issuing the Performance Security.

28.2 The Procuring Entity may claim against the security if any of the following events occurs for fourteen (14) days or more.

(a) The Supplier is in breach of the Contract and the Procuring Entity has duly notified him or her ; and

(b) The Supplier has not paid an amount due to the Procuring Entity and the Procuring Entity has duly notified him or her.

28.3 In the event as stated under GCC Sub Clause 28.2, the Supplier is liable to pay compensation under the Contract amounting to the full value of the Performance Security or more, the Procuring Entity may call the full amount of the security.

28.4 If there is no reason to call the security, the security shall be discharged by the Procuring Entity and returned to the Supplier not later than twenty-eight (28) days following the date of Completion of the Supplier’s performance obligations under the Contract andthe issuance of the Acceptance Certificateby the Procuring Entity, including any warranty obligations as stated under GCC Clause 31 and, the Procuring Entity shall not make any claim under the security, except for amounts to which the Procuring Entity is entitled under this Contract..

28.5 The security shall only be released after the expiry of the Warranty Period pursuant to GCC Clause 31, provided that the Goods supplied are free from patent and latent defects and all the conditions imposed under the contract have

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been fully met.

(a) A patent defect, which is one that is apparent to the buyer on normal observation. It is an apparent or obvious defect.

i. For example, a ball pen that does not write is patently defective.

(b) A latent defect, which is one that is not apparent to the buyer by reasonable observation. A latent defect is “hidden” or one that is not immediately determinable.

ii. For example, a ball pen that writes 0.75 km instead of the expected 1.5 km, has a latent defect.

28.6 If the Supplier, having been notified, fails to remedy the defect(s) within the period as stated under GCC Sub Clause 31.7, the Procuring Entity may proceed to call upon the security without prejudice to any other rights which the Procuring Entity may have against the Supplier under the Contract and under the applicable law.

31. Specifications and Standards

29.1 The Goods and related services supplied under this Contract shall conform to the technical specifications and standards mentioned in Section 7, Technical Specification and in Section 8, Drawings, if any.

29.2 If there is no applicable standard, the Goods must conform to the authoritative standards appropriate to the Good’s country of origin. Such standards must be the latest issued by the concerned institution.

29.3 Subject to the GCC Clause 18, the Supplier shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designed by or on behalf of the Procuring Entity, by giving a notice of such disclaimer to the Procuring Entity.

29.4 Wherever references are made in the Contract to codes and standards in accordance with which it shall be executed, the edition or the revised version of such codes and standards shall be those specified in the Technical Specification. During Contract execution, any changes in any such codes and standards shall be applied only after approval by the Procuring Entity and shall be treated under GCC Clause 18.

32. Inspections and Tests

30.1 The Procuring Entity shall have the right to test the Goods to confirm their conformity to the Contract specifications. The PCC and Technical specifications shall specify what tests the Procuring Entity requires and where they are to be conducted. The Supplier shall at its own expense and at no cost to the Procuring Entity, carry out all such tests of the Goods and related services as are specified in the Contract.

30.2 The Supplier shall provide the Procuring Entity with a report of the results of any such test.

30.3 The Procuring Entity may engage external agents for the purpose of conducting inspection of Goods, provided that the Procuring Entity shall bear all of its costs and expenses.

30.4 The Procuring Entity or its designated representative as specified shall be entitled to attend the tests and/or inspections under GCC Clause 30.1, provided that the Procuring Entity shall bear all of its own costs and expenses incurred in connection with such attendance.

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30.5 Whenever the Supplier is ready to carry out any such test and inspection, it shall give a reasonable advance notice, including the place and time, to the Procuring Entity. The Supplier shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Procuring Entity or its designated representative to attend the test and/or inspection.

30.6 The Procuring Entity may require the Supplier to carry out any test and/or inspection not required by the Contract, but deemed necessary to verify that the characteristics and performance of the Goods comply with the technical specifications, codes and standards under the Contract, provided that the Supplier’s reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price. Further, if such test and/or inspection impede the progress of manufacturing and/or the Supplier’s performance of its other obligations under the Contract, due allowance will be made in respect of the Delivery and Completion Schedule and the other obligations so affected.

30.7 The Procuring Entity may reject any Goods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications. The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Procuring Entity, and shall repeat the test and/or inspection, at no cost to the Procuring Entity, upon giving a notice under GCC SubClause 30.5.

30.8 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the Procuring Entity or its representative, nor the issue of any report as stated under GCC SubClause 30.2, shall relieve the Supplier from any warranties or other obligations under the Contract.

33. Warranty 31.1 The Supplier warrants that all the Goods supplied under the Contract are new, unused, and of the most recent or current models, and that they incorporate all recent improvements in design and materials, except when the design and/or material required by the Procuring Entity provides otherwise under GCC Clause 18.

31.2 The Supplier further warrants thatall Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship or from any act or omission of the Supplier that may develop under normal use of the supplied Goods in the conditions prevailing in Bangladesh.

31.3 In order to assure that manufacturing defects shall be corrected by the Supplier, manufacturer, or distributor, as the case may be, a warranty shall be required from the Supplier for a minimum period of three (3) months, in the case of supplies, and one (1) year, in the case of equipment, after performance of the contract or such other period as may be specified in the PCC.

31.4 The Warranty Period of the Supplies shall start from the date of completion of delivery in the form of submission by the Supplier and acceptance by the Procuring Entity, of the Delivery Chalan

31.5 The Warranty Periods may vary among the various items and lots. The warranty for Goods delivered earlier will expire earlier than the succeeding deliveries.

31.6 The Procuring Entity shall promptly notify the Supplier in writing of any claims arising under this warranty.

31.7 Upon receipt of such notice, the Supplier shall, within the period specified in

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the PCC, expeditiously repair or replace the defective Goods or parts thereof, at no cost to the Procuring Entity.

34. Extension of Delivery and Completion Schedule

32.1 The Supplier must deliver the Goods or perform the services procured within the period prescribed by the Procuring Entity, as specified in the Contract.

32.2 If at any time during performance of the Contract, the Supplier or its subcontractors should encounter conditions impeding timely delivery of the Goods or completion of Related Services as stated under GCC Clause 21, the Supplier shall promptly notify the Procuring Entity in writing. It must state therein the cause/s and duration of the expected delay. The Procuring Entity shall decide whether and by how much to extend the time. In all cases, the request for extension should be submitted before the lapse of the original delivery date.

32.3 Within twenty-one (21) days of receipt of the Supplier’s notice, the Procuring Entity shall evaluate the situation and may grant time extensions, if based on justifiable grounds, without liquidated damages.

32.4 The Procuring may extend up to twenty percent (20%) of the original contract time, above 20% of the original contract time approval of Head of Procuring Entity (HOPE) or authorized officer shall be required, in which case the extension shall be ratified by the Parties by amendment of the Contract as stated under GCC Clause 41.

32.5 Except in case of Force Majeure, as provided under GCC Clause 36, a delay by the Supplier in the performance of its delivery and completion obligations shall render the Supplier liable to the imposition of Liquidated Damages pursuant to GCC Clause 33, unless an extension of the Delivery and Completion Schedule is agreed upon, pursuant to GCC Clause 32.

38. Liquidated Damages

Except as provided under GCC Sub Clause 37, if the Supplier fails to complete the delivery of Goods and related services within the Delivery and Completion Schedule specified in the contract or as extended, the Procuring Entity shall, as Liquidated Damages or Delay Damages, deduct from the Contract Price, a sum at the percent-rate per day of delay as specified in the PCC, of the contract value of the undelivered Goods and related services or part thereof delivered after the Delivery and Completion Schedule or as extended. The total amount of Liquidated Damages or Delay Damages shall not exceed the amount specified in the PCC. The Procuring Entity may deduct Liquidated damages from payments due to the Supplier. Payment of Liquidated damages shall not affect the Supplier’s liabilities.

39. Limitation of Liability

34.1 Except in cases of criminal negligence or wilful misconduct, (a) the Supplier shall not be liable to the Procuring Entity, whether in

contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the Procuring Entity; and

(b) the aggregate liability of the Supplier to the Procuring Entity, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the supplier to indemnify the ProcuringEntity with

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respect to patent infringement.

40. Adjustment for Changes in Legislation

35.1 Unless otherwise specified in the Contract, if after the Contract, any law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated, abrogated, or changed in Bangladesh (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the Delivery Date and/or the Contract Price, then such Delivery Date and/or Contract Price shall be correspondingly increased or decreased, to the extent that the Supplier has thereby been affected in the performance of any of its obligations under the Contract. Notwithstanding the foregoing, such additional or reduced cost shall not be separately paid or credited if the same has already been accounted for in the adjustment of Contract Price where applicable, under GCC Clause 23.

41. Force Majeure 36.1 Force Majeure may include, but is not limited to, exceptional eventsor circumstances of the kind listed below:

(i) war, hostilities (whether war be declared or not), invasion, act of foreign enemies;

(ii) rebellion, terrorism, sabotage by persons other than the Contractor’s Personnel, revolution, insurrection, military or usurped power, or civil war;

(iii) riot, commotion, disorder, strike or lockout by persons other than the Contractor’s Personnel;

(iv) munitions of war, explosive materials, ionising radiation or contamination by radio-activity, except as may be attributable to the Contractor’s use of such munitions, explosives, radiation or radio-activity, and

(v) natural catastrophes such as cyclone, hurricane, typhoon, tsunami, storm surge,floods, earthquake , landslides, fires, epidemics, quarantine restrictions, or volcanic activity;

(vi) freight embargoes;

(vii) acts of the Government in its sovereign capacity.

36.2 The Head of Procuring Entity decides the existence of a Force Majeure that will be the basis of the issuance of order for suspension of Supplyas stated under GCC Sub Clause 39.2.

42. Notice of Force Majeure

37.1 If a Party is or will be prevented from performing its substantial obligations under the Contract by Force Majeure, then it shall give notice within fourteen (14) days after the party became aware, to the other Party of the event or circumstances constituting the Force Majeure and shall specify the obligations, the performance of which is or will be prevented.

37.2 Notwithstanding any other provision of this Clause, Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the Contract.

43. Duty to Minimise Delay

38.1 Each Party shall at all times use all reasonable endeavours to minimise any delay in the performance of the Contract as a result of Force Majeure.

38.2 A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure.

44. Consequences of Force

39.1 The Supplier shall not be liable for forfeiture of its security, liquidated damages, or termination for default if and to the extent that it’s delay in

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Majeure performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.

39.2 The Procuring Entity may suspend the delivery or contract implementation, wholly or partly, by written order for a certain period of time, as it deems necessary due to Force Majeure as defined in the Contract.

39.3 Delivery shall be made either upon the lifting or the expiration of the suspension order. However, if the Procuring Entity terminates the contract as stated under GCC Clause 40, resumption of delivery cannot be done.

39.4 After receiving notice under GCC Sub Clause 37.1, the Procuring Entity shall proceed to determine these matters under the provisions of the Contract.

45. Termination Termination for Default

40.1 The Procuring Entity, without prejudice to any other remedy for breach of Contract, by giving twenty-eight (28) days written notice of default sent to the Supplier, may terminate the Contract in whole or in part:

i. if the Supplier fails to deliver any or all of the Goods within the period specified in the Contract, or within any extension thereof granted by the Procuring Entity pursuant to GCC Clause 32;or

ii. if the Supplier fails to perform any other obligation under the Contract; or

iii. if the Supplier, in the judgement of the Procuring Entity has engaged in corrupt, fraudulent, collusive and coercive practices(or obstructive practice in case of Development Partner), as defined in GCC Clause 6, in competing for or in executing the Contract; or

iv. if the deductible amount due to Liquidated Damages reaches its maximum as stated under GCC Sub Clause 33

40.2 In the event the Procuring Entity terminates the Contract in whole or in part, as stated under GCC Clause 40.1, the Procuring Entity may procure, upon such terms and in such manner as it deems appropriate, Goods or related services similar to those undelivered or not performed, and the Supplier shall be liable to the Procuring Entity for any additional costs for such similar Goods or related services. However, the Supplier shall continue performance of the Contract to the extent not terminated.

Termination for Insolvency

40.3 The Procuring Entity shall terminate this Contract if the Supplier is declared bankrupt or insolvent as determined with finality by a court of competent jurisdiction. In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Procuring Entity and/or the Supplier.

Termination for Convenience

40.4 The Procuring Entity, by givingtwenty-eight (28) days written notice sent to the Supplier, may terminate this Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that the termination is for the procuring Entity’s convenience, the extent to which performance of the Supplier under the contract is terminated, and the date upon which such

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termination becomes effective.

40.5 The Goods that have been delivered and/or performed or are ready for delivery or performance within twenty-eight(28) days after the Supplier’s receipt of Notice to Terminate shall be accepted by the Procuring Entity at the contract terms and prices. For Goods not yet performed and/or ready for delivery, the Procuring Entity may elect:

(a) to have any portion delivered and/or performed and paid at the contract terms and prices; and/or

(b) to cancel the remainder and pay to the Supplier an agreed amount for partially completed and/or performed goods and for materials and parts previously procured by the Supplier.

40.6 The expiration of the Delivery and Completion Schedule, initiation of amicable settlement of disputes, adjudication and arbitral proceedings under the set terms and conditions shall not be deemed a termination of the contract.

46. Amendment to Contract

41.1 The amendment to Contract shall generally include equitable adjustments in original Contract price, Delivery and Completion Schedule and, any other changes acceptable under the conditions of the Contract.

41.2 The Procuring Entity shall amend the Contract, incorporating the changes approved in accordance with the Delegation of Financial Power or sub-delegation thereof and, introduced to the original terms and conditions of the Contract.

47. Settlement of Disputes

42.1 Amicable Settlement:

(a) The Procuring Entity and the Supplier shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or its interpretation.

42.2 Adjudication

(a) If the Supplier /Procuring Entity believe that amicable settlement of dispute is not possible between the two parties, the dispute shall be referred to the Adjudicator within fourteen (14) days of first written correspondence on the matter of disagreement;

(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 Supplier shall make all payments (fees and reimbursable expenses) to the Adjudicator, and the Procuring Entity shall reimburse half of these fees through the regular progress payments;

(e) Should the Adjudicator resign or die, or should the Procuring Entity and the Supplier agree that the Adjudicator is not functioning in accordance with the provisions of the Contract; a new Adjudicator will be jointly appointed by the Procuring Entity and the Supplier. In case of disagreement between the Procuring Entity and the Supplier the

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Adjudicator shall be designated by the Appointing Authority designated in the PCC at the request of either party, within fourteen (14) daysof receipt of a request from either Party.

42.3 Arbitration

(a) If the Parties are unable to reach a settlement under GCC Clause 42.1 or 42.2 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 SubClause 42.3(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.

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Section 4.Particular Conditions of Contract

Instructions for completing the Particular Conditions of Contractare provided, as needed, in the notes in italics mentioned for the relevant GCC clauses.

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

GCC 1.1(n) The Procuring Entity is Managing Director, BTCL.

GCC 1.1(s) The site(s)/ point(s) of delivery is/are: Agargaon BCC, Moghbazar BTCL and Kaliakoir 4TDC.

GCC 3.1 For notices, the Procuring Entity’s contact details shall be:

Director (Procurement), Address: Bangladesh Telecommunications Company Limited (BTCL)Telephone Revenue Bhaban, Sher-e-Bangla Nagar, Dhaka-1207Telephone: 02-58150500 Fax No: 02 - 58150511e-mail address: dirprcmt@btcl.com.bd

For notices, the Supplier’s contact details shall be:

Attention:

Address:

Telephone:

Facsimile number:

Electronic mail address:

GCC 7.1(i) The following documents shall also be part of the Contract: Relevant correspondences prior to signing the Contract Agreement.Finalized BoQMOU, if any, signed after signing the Contract Agreement

As-Built Drawings.

GCC 8.1 Scope of the tender is “SUPPLY, INSTALLATION, TESTING, COMMISSIONING AND PROCUREMENT OF NECESSARY OTN(Optical Transmission Node) EQUIPMENT FOR 4 TIER DATA CENTER at Hightech Park (Kalikoir), BCC (Agargaon) and Moghbazar (BTCL) ON TURN-KEY BASIS.

GCC 10 The Supplier or the Subcontractor that is a national of, or registered in, the following countries are not eligible:Israel

Goods and related services to be supplied shall not have their origin in the following countries:Israel.

GCC 20.2 The packing, marking and documentation inside and outside the packages shall be:

The outer packing may be clearly marked on at least four slides as follows:

Name and address of Procuring Entity

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Name of the Supplier

Contract Description

Final Destination/Delivery Point

Gross weight

Package number of total number of packages

Brief description of the content

Any special lifting instructions

Any special handling instructions

[The above requirements should be reviewed by the Procuring Entity on a case-by-case basis, with amendments being made as necessary.]

GCC 21.1 The documents to be furnished by the Supplier shall be as follows:

[insert the detail requirements of documents]

The documents to be furnished by the Supplier as follows:

a. Copies of Supplier’s invoice showing goods’ description, quantity, unit price, total amount;

b. Delivery note, railway receipt, or truck receipt;

c. Manufacturer’s/ Supplier’s warranty certificate (if any);

d. Inspection certificate issued by the nominated inspection agency (or Procuring Entity) and/ or the Supplier’s factory inspection report (if any);

e. Certificate of origin, if any.

[The above requirements should be reviewed by the Procuring Entity on a case-by-case basis, with amendments being made as necessary.]

GCC 23.1 The original Contract price is: [insert the amount in the NOA]

GCC 25.1 The method and conditions of payment to be made to the Supplier under this Contract shall be as follows:

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Payment of Equipment PriceAn amount of 30% (Thirty percent) of the invoice amount shall be paid by the bank upon submission by the contractor of relevant shipping invoices, copies of the “Factory Test Certificate” (if any) and other documentations to support the claim.An amount of 10% (Ten percent) of the invoice amount shall be paid by the bank upon submission of an “Arrival of Goods and Materials Certificate” by the contractor to support his claim. Such certificate(s) shall be issued by the Project Director upon arrival of relevant goods and materials on site or in store (as applicable).An amount of 40% (Forty percent) shall be paid by the bank upon submission of a “Provisional Acceptance Certificate (PAC)” by the contractor to support his claim. Such a PAC shall be issued by Director (Development Co-ordination) of BTCL upon completion of relevant contractual liabilities by the contractor.The remaining 20% (Twenty percent) shall be paid by the bank upon submission of a “Final Acceptance Certificate (FAC)” by the bidder to support his claim. Such a FAC shall be issued by Director (Development Co-ordination) of BTCL upon completion of relevant contractual liabilities by the bidder.Payment for Service Pricean amount of 30% (Thirty percent) of the whole contract amount for Installation, Testing & Commissioning and Project Implementation administrative services & Inter-working/Connection services shall be paid by the bank upon submission of a “Certificate of Commencement of Work ” by the contractor to support his claim. Such a commencement certificate shall be issued by the Project Director upon commencement of implementation works by the bidder.

an amount of 60% (Sixty percent) of the concerned contract amount for Installation, Testing & Commissioning and Project Implementation administrative services & Inter-working/Connection services shall be paid by the bank upon submission of a “Provisional Acceptance Certificate (PAC)” by the contractor to support his claim. Such a PAC shall be issued by Director (Development Co-ordination) of BTCL upon completion of relevant contractual liabilities by the bidder.

the remaining 10% (Ten percent) of the concerned contract amount for Installation, Testing & Commissioning and Project Implementation services & Inter-working/Connection services shall be paid by the bank upon submission of a “Final Acceptance Certificate (FAC)” by the contractor to support his claim. Such a FAC shall be issued by Director (Development Co-ordination) of BTCL upon completion of relevant contractual liabilities by the bidder.

Payment for factory Test 100% (One hundred percent) of the whole contract price for factory test shall be paid by the bank upon submission by the contractor the “Factory Test Certificate” to support his claim. Such Factory Test Certificate shall be signed by BTCL engineer(s) attending the factory test upon successful completion of the Factory Testing at test site of manufacturer’s premises.

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Payment for Maintenance Support Services100% (one hundred percent) of the whole contract price for Maintenance Support services will be paid in four equal payments on half yearly basis and shall be paid by the bank half yearly upon submission by the contractor a “Certificate for Completion of Maintenance Assistance” after end of each half year to support its claim. Such a completion certificate shall be issued by Director (M&O) of BTCL upon completion of the relevant program(s).Payment for Survey, Planning and Network Design Services

100% (One hundred percent) of the whole contract price for Survey, Planning and Network Design Services shall be paid by the bank upon submission by the contractor a “Successful Completion of Survey, Planning and Network Design Services Certificate” to support its claim. Such a certificate shall be issued by the Project Director upon completion of contractor’s contractual obligations for such services.

Payment for PAT & FAT Services

100% (one hundred percent) of the PAT and FAT services of the contract price of concerned sites shall be paid by the bank upon submission by the Contractor a “PAC” and “FAC” respectively to support his claim.Release of FAC payment against Bank Guarantee Payment(s) against FAC shall be released by the bank upon submission of a Bank Guarantee of the same amount by the contractor after issuance of PAC. The bank guarantee shall be returned to the contractor after issuance of FAC.

GCC 25.3 Payments shall be made in no case later than the days 60 after submission of an invoice or request for payment by the Supplier, and after the Procuring Entity has accepted it.

GCC 25.5 The rate of interest shall be 1%.

GCC 30.1 The inspections and tests shall be :Factory Test Goods:

Type of test:

Time or milestone:

Place:

Procedure:

GCC 31.3 The Warranty Period shall be : 1(one) year from the issuance of PAC.

GCC 31.7 The Supplier shall correct any defects covered by the warranty within 90 days of being notified by the Procuring Entity of the occurrence of such defects.

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GCC 33.1 The amount of Liquidated Damages is0.05 % of the contract value of the undelivered Goods or any part thereof delivered after expiry of the Delivery and Completion Schedule or extended Delivery and Completion Schedule, as applicable, per day of delay.

Guide to application of GCC Sub Clause 33.1 above

[ Liquidated damages is equivalent to an amount to be determined in accordance with the following formulae

T = VxPx n

Where;

T = Total amount of Liquidated Damages

V= Contract Value of undelivered Goods or any part thereof, delivered after expiry of the Delivery and Completion Schedule or extended Delivery and Completion Schedule, as applicable

P = Percent-rate at which the Liquidated Damages shall be imposed per day of delay

n = No of days delayed for delivery of the undelivered Goods or any part thereof, after expiry of the Delivery and Completion Schedule or extended Delivery and Completion Schedule, as applicable.

The maximum amount of Liquidated Damages for the undelivered Goods or any part thereof is 10 % percent of the final Contract Price of the whole of the Goods and related services.

GCC 40.1 The Intended Completion Date of the Works shall be 45(forty five) days from contract signing date.

GCC 41.2 The period between Programme updates is: Monthly.

GCC 42.2(b)&(e) The Adjudicator jointly appointed by the Parties is:

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 Engineers, Bangladesh (IEB).

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GCC 42.3(b) Arbitration shall take place in:

Telejogajog Bhaban37/E Eskaton Garden

Dhaka, Bangladesh

Section 5.Tender and Contract Forms

Form Title

Tender Forms

PG3 – 1 Tender Submission Letter

PG3 – 2 Tenderer Information Sheet

PG3 -- 3 Subcontractor Information (if applicable)

PG3 –4A Price Schedule for Goods

PG3 –4B Price Schedule for Related Services

PG3 – 5 Specifications Submission and Compliance Sheet

PG3 – 6 Manufacturer’s Authorisation Letter

PG3 – 7 Bank Guarantee for Tender Security(when this option is chosen)

PG3 -- 8 Bank’s Commitment for Line of Credit (when this option is chosen)

Contract Forms

PG3 – 9 Notification of Award

PG3–109 Contract Agreement

PG3 – 11 Bank Guarantee for Performance Security(when this option is chosen)

Forms PG3-1 to PG3-8 comprises part of the Tender and should be completed as stated in ITT Clause 21.

Forms PG3-9 to PG3-12comprises part of the Contract as stated in GCC Clause7.

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Tender Submission Letter(Form PG3 – 1)

[Thisletter shall be completed and signed by the Authorised Signatorypreferably on the Letter-Head pad of the Tenderer].

To:

[Contact Person]

[Name of Procuring Entity]

[Address of Procuring Entity]

Date:

Invitation for Tender No: IFT No_______________

Tender Package No: Package No___________

Lot No(when applicable) Lot No________________

We, the undersigned, tender to supply in conformity with the Tender Document the following Goods and related services, viz:

In accordance with ITT Clauses 24 and 25, the following price applies to our Tender:

The Tender Price is:(ITT SubClause 24.10 and 25.1)

Tk.__________________________[in figures]Taka________________________[in words]

The advance payment (when applicable) is:[insert the amount based on percentage of the Tender Price](GCC SubClause 25.1)

Tk.__________________________[in figures] Taka________________________ [in words]

and we shall accordingly submit an Advance Payment Guarantee in the format shown in Form PG3 - 11.

In accordance with ITT Clause 23, the following discounts apply to our Tender:

The unconditional discount for being awarded more than one lot in this package is:(ITT SubClause 24.11 and 25.1)

Tk._________________________[in figures]Taka________________________[in words]

The methodology for application of the discount is:[state the methodology](ITT SubClause 24.12 and 25.1)

DeleteBOX, if this Tender is being invited for Single Package or Single Lot

Mandatory Spare parts Price (when Economic Factor applicable) is:(ITT SubClause 52.6)

Tk.[in figures]Taka[in words]

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In signing this letter, and in submitting our Tender, we also confirm that:

a) our Tender shall be valid for the period stated in the Tender Data Sheet (ITT SubClause 29.1) and it shall remain binding upon us and may be accepted at any time before the expiration of that period;

b) a Tender Security is attached in the form of a [Pay Order / Bank Draft / Bank Guarantee] in the amount stated in the Tender Data Sheet (ITT Clause 31) and valid for a period of twenty-eight (28) days beyond the Tender Validity date;

c) if our Tender is accepted, we commit to furnishing a Performance Security in the amount stated in the Tender Data Sheet (ITT SubClause 62.1) in the form stated in Tender Data Sheet (ITT SubClause 63.1) and valid for a period of twenty-eight (28) days beyond the date of completion of our performance obligations;

d) we have examined and have no reservations to the Tender Document, issued by you on [insert date];

including Addendum to Tender Documents No(s) [state numbers] ,issued in accordance with the Instructions to Tenderers (ITT Clause 11). [insert the number and issuing date of each addendum; or delete this sentence if no Addendum have been issued];

e) we, including as applicable, subcontractor for any part of the contract resulting from this Tender process, have nationalities from eligible countries, in accordance with ITT SubClause 5.1;

f) we are submitting this Tender as a sole Tenderer

g) we are not a Government owned entity as defined in ITT SubClause 5.10 orwe are a Government owned entity, and we meet the requirements of ITT SubClause 5.10];

(delete one of the above as appropriate)

h) we, declare that we are not associated, nor have been associated in the past, directly or indirectly, with a consultant or any other entity that has prepared the design, specifications and other documents, in accordance with ITT SubClause 5.6;

i) we, including as applicable Subcontractor have not been declared ineligible by the Government of Bangladesh or the Development Partner, under the laws of Bangladesh or official regulations or by an act of compliance with a decision of the United Nations Security Council on charges of engaging in corrupt, fraudulent, collusive,coercive(or obstructive in case of Development Partner)practices, in accordance with ITT SubClause 5.9;

j) furthermore, we are aware of ITT Sub Clause 4.2 concerning such practices and pledge not to indulge in such practices in competing for or in executing the Contract;

k) we intend to subcontract an activity or part of the Supply, in accordance with ITT SubClause 16.1 to the following Subcontractor(s);

Nature of the Supply or related service Name and address of Subcontractor

59

l) we, confirm that we do not have a record of poor performance, such as abandoning the Supply, not properly completing contracts, inordinate delays, or financial failure as stated in ITT SubClause 5.8, and that we do not have, or have had, any litigation against us, other than that stated in the Tenderer Information Sheet(Form PG3-2);

m) we are not participating as Tenderers in more than one Tender in this Tendering process. We understand that your written Notification of Award shall become a binding Contract between us, until a formal Contract is prepared and executed;

n) we understand that you reserve the right to accept or reject any Tender, to cancel the Tender proceedings, or to reject all Tenders, without incurring any liability to Tenderers, in accordance with ITT Clause 57.1.

Signature: [insert signature of authorised representative of the Tenderer]

Name: [insert full name of signatory with National ID]

In the capacity of: [insert designation of signatory]

Duly authorised to sign the Tender for and on behalf of the Tenderer

[If there is more than one (1) signatory add other boxes and sign accordingly].

Attachment 1: Written confirmation authorising the above signatory(ies) to commit the Tenderer, in accordance with ITT Sub-Clause 36.3;

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Tenderer Information Sheet (Form PG3-2)

[The Tenderer shall fill in this Form in accordance with the instructions indicated below. No alterations to its format shall be permitted and no substitutions shall be accepted]

Invitation for Tender No: [ IFT No] Date [Insert date of Tender Submission]

Tender Package No: [Package No]Lot No. (when applicable) [Lot No ]

1. Eligibility Information of the Tenderer [ITT Clauses 5 & 26]

1.1 Tenderer’s Legal Name:

1.2 Tenderer’s legal address in Country of Registration

1.4 Tenderer’s Year of Registration

1.5 Tenderer’s legal status [complete the relevant box]

Proprietorship

Partnership

Limited Liability Concern

Government-owned Enterprise

Others[please describe, if applicable]

1.6 Tenderer’s Authorised Representative Information

Name

National ID number

Address

Telephone / Fax Numbers

e-mail address

1.7 Litigation [ITT Cause 13]

A. No pending litigation □ [if no pending litigation put Tick Mark in Box]

B. Pending litigation

Year Matter in dispute Value of Pending Claim in Taka

Value of Pending Claim as Percentage of Net Worth

61

1.8 Tenderer to attach photocopies of the original documents mentioned aside

[All documents required under ITT Clauses 5 and 26]

The following two information are applicable for National Tenderers

1.9 Tenderer’s Value Added Tax Registration (VAT) Number

1.10 Tenderer’s Tax Identification Number(TIN)

[The foreign Tenderers, in accordance with ITT Sub Clause 5.1, shall provide evidence by a written declaration to that effect to demonstrate that it meets the criterion]

2. Qualification Information of the Tenderer [ITT Clause 28]

2.1 General Experience in the supply of Goods and related services of Tenderer [State years of experience]

2.2 Specific Experience of satisfactory completion of supply of similar Goods

Contract No

Name of Contract

[ insert reference no] of [ insert year]

[insert name]

Award dateCompletion dateTotal Contract Value

[insert date][insert date][insert amount]

Procuring Entity’s NameAddressTel / Faxe-mail

Brief description with justifications of the similarity compared to the Procuring Entity’s requirements

[state justification in support of its similarity compared to the proposed supply]

2.3 Supply and/or production capacity of Goods are:

Year Quantity Type of Goods

2.4 Liquid assets available

No Source of Financing Amount Available

62

Subcontractor Information (Form PG3-3)

[This Form should be completed by each Subcontractor, preferably on its Letter-Head Pad]

Invitation for Tender No: [ IFT No]

Tender Package No [Package No]

Lot No. (when applicable) [Lot No]

1. Eligibility Information of the Subcontractor [ITTClause5 and 26]

1.1 Nationality of Individual or country of Registration

1.2 Subcontractor’s legal title

1.3 Subcontractor’s registered address

1.4 Subcontractor’s legal status [complete the relevant box]

Proprietorship

Partnership

Limited Liability Concern

Government-owned Enterprise

Other(please describe)

1.5 Subcontractor’s year of registration

1.6 Subcontractor’s authorised representative details

Name

Address

Telephone / Fax numbers

e-mail address

1.7 Subcontractor to attach copies of the following original documents

All documents to the extent relevant to ITTClause 5 and 26 in support of its qualifications

The following two information are applicable for national Subcontractors

1.8 Subcontractor’s Value Added Tax Registration (VAT) Number

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1.9 Subcontractor’s Tax Identification Number(TIN)

[The foreign Subcontractors , in accordance with ITT Sub Clause 5.1, shall provide evidence by a written declaration to that effect to demonstrate that it meets the criterion]

2. Key Activity(ies) for which it is intended to be Subcontracted [ITT Sub Clause 16.1]

2.1 Elements of Activity Brief description of Activity

2.2 List of Similar Contracts in which the proposed Subcontractor had been engaged

Name of Contract and Year of Execution

Value of Contract

Name of Procuring Entity

Contact Person and contact details

Type of Work performed

64

Price Schedule for Goods (Form PG3-4A)

Invitation for Tender No: Date:Tender Package No: Package Description: [enter description as specified in Section 6]Tender Lot No: Lot Description: [enter description as specified in Section 6]

A: PRICE OF GOODS(Including Spare Parts, if any) AND DELIVERY SCHEDULE

1 2 3 3 4 5 6 7 8ItemN .

DescriptionOf Item

Country of Origin

Unit of Measurement

QtyOf unitsRequired

Unit price Total price

(col. 4 5)

Point of Delivery as

per Schedule of

Requirement

Delivery PeriodOffered as per Schedule of

Requirement

(Note1) (Note2)

Note 1:All unit rates and prices quoted by the Tenderers against each basic item or activity shall include the Tenderer’s profit, overheads, VAT and all other charges including corresponding incidental service charges and premiums for banking and insurances, as applicable and,shall be the delivered price in final destination or at point of delivery and, thus forth the total Tender Price quoted by the Tenderers

Note 2: Tenderer will complete these columns as appropriate following the details specified in Section 6: Schedule of Requirements

Signature: [insert signature of authorised representative of the Tenderer]

Name: [insert full name of signatory with National ID]

In the capacity of: [insert designation of signatory]

Duly authorised to sign the Tender for and on behalf of the Tenderer

65

Price Schedule for Related Services (Form PG3-4B)1

Invitation for Tender No: Date:Tender Package No: Package Description: [enter description as specified in Section 6]Tender Lot No: Lot Description: [enter description as specified in Section 6]

B: PRICE OF RELATED SERVICES (Including Incidental services, if any) AND COMPLETION SCHEDULE

1 2 3 3 4 5 6 7 ItemN .

DescriptionOf Item

Country of Origin

Unit of Measureme

nt

QtyOf unitsRequired

Unit price Total price

(col. 4 5)

Point of Completion as per Schedule of

Requirement

Completion ScheduleOffered as per Schedule of Requirement

(Note1) (Note2)

Note 1:All unit rates and prices quoted by the Tenderers against each basic item or activity shall include the Tenderer’s profit, overheads, VAT and all other charges including corresponding incidental service charges and premiums for banking and insurances, as applicable , andshall be the delivered price in final destination or at point of delivery and, thus forth the total Tender Price quoted by the Tenderers.

Note 2: Tenderers will complete these columns as appropriate following the details specified in Section 6: Schedule of Requirements

Signature: [insert signature of authorised representative of

66

the Tenderer]

Name: [insert full name of signatory with National ID]

In the capacity of: [insert designation of signatory]

Duly authorised to sign the Tender for and on behalf of the Tenderer

67

Specifications Submission and Compliance Sheet (Form PG3-5)

Invitation for Tender No: Date:Tender Package No: Package

Description:[enter description as specified in Section 6]

Tender Lot No: Lot Description:

[enter description as specified in Section 6]

ItemNo.

Name of Goods

or Related Service

Country of Origin

Make and Model (when applicable)

Full Technical Specifications and Standards

1 2 3 4 5

FOR GOODS Note 1

FOR RELATED SERVICES

[The Tenderer should complete all the columns as required]

Signature: [insert signature of authorised representative of the Tenderer]

Name: [insert full name of signatory with National ID]

In the capacity of: [insert designation of signatory]

Duly authorised to sign the Tender for and on behalf of the Tenderer

68

Manufacturer’s Authorisation Letter (Form PG3 - 6)

[The Tenderer shall require the Manufacturer to fill in this Form in accordance with the instructions indicated. Thisletter of authorization should be on the letterhead of the Manufacturer and should be signed by a person with the proper authority to sign documents that are binding on the Manufacturer.]

[The Tenderer shall include it in its Tender, if so indicated in the TDS as stated under ITT SubClause27.1 (f)]

Invitation for Tender No: Date:

Tender Package No:

Tender Lot No(when applicable):To:[Name and address of Procuring Entity]

WHEREAS

We [insert complete name of Manufacturer],

who are official manufacturers of[insert type of goods manufactured], having factories at [insert full address of Manufacturer’s factories], do hereby

authorize [insert complete name of Tenderer] to supply the following Goods, manufactured by us [insert name and or brief description of the Goods].

We hereby extend our full guarantee and warranty as stated underGCC Clause 31 of the General Conditions of Contract, with respect to the Goods offered by the above Tenderer.

Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]

Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]Address: [insert full address including Fax and e-mail]Title: [insert title]

Date: [insert date of signing]

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Bank Guarantee for Tender Security (Form PG3 – 7)

[this is the format for the Tender Security to be issued by a scheduled Bank of Bangladeshas stated underITT Clause 31 and 32]

Invitation for Tender No: Date:

Tender Package No:

Tender Lot No:To:[Name and address of Procuring Entity]

TENDER GUARANTEE No:[isert number]We have been informed that [insert name of Tenderer] (hereinafter called “the Tenderer”) intends to submit to you its Tender dated [insert date of Tender] (hereinafter called “the Tender”) for the supply of [description of goods and related services] under the above Invitation for Tenders (hereinafter called “the IFT”).Furthermore, we understand that, according to your conditions, Tenders must be supported by a Bank Guarantee for Tender Security.At the request of the Tenderer, we [insert name of Bank] hereby irrevocably unconditionally undertake to pay you, without cavil or argument, any sum or sums not exceeding in total an amount of Tk [insert amount in figures and in words] upon receipt by us of your first written demand accompanied by a written statement that the Tenderer is in breach of its obligation(s) under the Tender conditions, because the Tenderer:

a. has withdrawn its Tender after opening of Tenders but within the validity of the Tender Security ; or

b. refused to accept the Notification of Award (NOA) within the period as stated under Instructions to Tenderers (ITT) ; or

c. failed to furnish Performance Security within the period as stipulated in the NOA; ord. refused to sign the Contract Agreement by the time specified in the NOA; ore. did not accept the correction of the Tender price following the correction of the arithmetic

errors in accordance with the ITT.This guarantee will expire:

(a) if the Tenderer is the successful Tenderer, upon our receipt of a copies of the contract signed by the Tenderer and the Performance Security issued to you in accordance with the ITT; or

(b) if the Tenderer is not the successful Tenderer,twenty-eight (28) days after the expiration of the Tenderer’s Tender validity period, being [date of expiration of the Tender validity plus twenty-eight(28) days]

Consequently, we must receive at the above-mentioned office any demand for payment under this guarantee on or before that date.

Signature Seal

70

Letter of Commitment for Bank’s Undertaking for Line of Credit (Form PG3-8)

[This is the format for the Credit Line to be issued by any scheduled Bank of Bangladesh in accordance with ITT Clause28.1(d)]

Invitation for Tender No: Date:

Tender Package No:

Lot No (when applicable):To:

[Name and address of the Procuring Entity]

CREDIT COMMITTMENT No: [insert number]

We have been informed that [name of Tenderer] (hereinafter called “the Tenderer”) intends to submit to you its Tender (hereinafter called “the Tender”) for the supply of Goods of [description of Goods and related services] under the above Invitation for Tenders (hereinafter called “the IFT”).

Furthermore, we understand that, according to your conditions, the Tenderer’s Financial Capacity i.e. Liquid Asset must be substantiated by a Letter of Commitment of Bank’s Undertaking for Line of Credit.

At the request of, and arrangement with, the Tenderer, we [name and address of the Bank]do hereby agree and undertake that [name and address of the Tenderer] will be provided by us with a revolving line of credit, in case awarded the Contract, for the delivery of Goods and related services viz. [ insert name of supply], for an amount not less than BDT[in figure] ( in words) for the sole purpose of the supply of Goods and related services under the above Contract.This Revolving Line of Credit will be maintained by us until issuance of “Acceptance Certificate” by the Procuring Entity.

In witness whereof, authorised representative of the Bank has hereunto signed and sealed this Letter of Commitment.

Signature Signature

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Notification of Award (Form PG3 - 9)

Contract No: Date:

To:

[Name of Contractor]

This is to notify you that your Tender dated [insert date] for the supply of Goods and related Services for [name of contract] for the Contract Price of Tk [state amount in figures and in words] as corrected and modified in accordance with the Instructions to Tenderers, has been approved by [name of Procuring Entity].

You are thus requested to take following actions:

i. accept in writing the Notification of Award within seven (7) working days of its issuance pursuant to ITT Sub-Clause 61.3

ii. furnish a Performance Security in the specified format and in the amount of Tk [state amount in figures and words] ,within fourteen (14)days of receipt of this Notification of Award but not later than (specify date), in accordance with ITT Clause 63.2

iii. sign the Contract within twenty-eight (28 )days of issuance of this Notification of Award but not later than (specify date), in accordance with ITT Clause 66.2

You may proceed with the execution of the supply of Goods and related Services only upon completion of the above tasks. You may also please note that this Notification of Award shall constitute the formation of this Contract, which shall become binding upon you.

We attach the draft Contract and all other documents for your perusal and signature.

Signed

Duly authorised to sign for and on behalf of [name of Procuring Entity]

Date:

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Contract Agreement (Form PG3 -10)

THIS AGREEMENT made the [day] day of [month][year] between [name and address of Procuring Entity] (hereinafter called “the Procuring Entity”) of the one part and [name and address of Supplier] (hereinafter called “the Supplier”) of the other part:

WHEREAS the Procuring Entity invited Tenders for certain goods and related services, viz, [brief description of goods and related services] and has accepted a Tender by the Supplier for the supply of those goods and related services in the sum of Taka [Contract Price in figures and in words] (hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:1. In this Agreement words and expressions shall have the same meanings as are respectively

assigned to them in the General Conditions of Contract hereafter referred to.2. The following documents forming the Contract shall be in the following order of precedence,

namely :

(a) the signed Form of Contract Agreement;(b) the Notification of Award(c) The completed Tender (d) Particular Conditions of Contract;(e) General Conditions of Contract;(f) Technical Specifications;(g) Drawings;(h) Price Schedules and Schedule of Requirements and;(i) other document including correspondences listed in the PCC forming part of the

Contract

3. In consideration of the payments to be made by the Procuring Entity to the Supplier as hereinafter mentioned, the Supplier hereby covenants with the Procuring Entity to provide the goods and related services and to remedy any defects therein in conformity in all respects with the provisions of the Contract.

4. The Procuring Entity hereby covenants to pay the Supplier in consideration of the provision of the goods and related services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of Bangladesh on the day, month and year first written above.

For the Procuring Entity: For the Supplier:

Signature

Print Name

Title

In the presence ofName

Address

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Bank Guarantee for Performance Security (Form PG3 – 11)

[this is the format for the Performance Security to be issued by a scheduled Bank of Bangladesh in accordance with ITT SubClause 63.1]

Contract No: Date:

To:

[Name and address of Procuring Entity]

PERFORMANCE GUARANTEE No: [insert number]

We have been informed that [name of supplier] (hereinafter called “the Supplier”) has undertaken, pursuant to Contract No [reference number of Contract] dated [date of Contract] (hereinafter called “the Contract”) for the supply of [description of goods and related services] under the Contract.

Furthermore, we understand that, according to your conditions, Contracts must be supported by a performance guarantee.

At the request of the Supplier, we [name of bank] hereby irrevocably unconditionally undertake to pay you, without cavil or argument, any sum or sums not exceeding in total an amount of Tk [insert amount in figures and in words] upon receipt by us of your first written demand accompanied by a written statement that the Supplier is in breach of its obligation(s) under the Contract conditions, without you needing to prove or show grounds or reasons for your demand of the sum specified therein.

This guarantee is valid until [date of validity of guarantee], consequently, we must receive at the above-mentioned office any demand for payment under this guarantee on or before that date.

[Signatures of authorized representatives of the bank]

Signature Seal

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Section 6. Schedule of RequirementsInvitation for Tender No: Date Tender Package No: Lo No (when applicable):

This Section provides the List of Goods and Delivery Schedule and List of Related Services and Completion Schedule and must be carefully prepared by a Procuring Entity for each object of procurementThe Procuring Entity may include the delivery of a limited supply of fast-moving and/or hard-to-find spare parts in this Schedule of Requirement. This is to ensure the continued use or operation of the equipment.

A. List of Goods and Delivery Schedule

When completing Form PG3-2 the Tenderer shall quote prices and contract delivery dates for each item against each lot and show each Lot separately, as specified in the List of Goods and Delivery Schedule.)

Item No.

Description of Item UnitofSupply

Quantity of Units

required

Point of Delivery

Date Required (in weeks)

1 2 3 4 5 6

Procuring Entity’s Option for delivery terms is: [note 1]

Lot No 1: [enter description]

[add as many rows and details as there are individual items in the Lot]

Lot No 2: [enter description]

[add as many rows and details as there are individual items in the Lot]

Note 1: Delivery period starts from the date of contract signing

SCOPE OF WORKS

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6.1 Bangladesh Telecommunications Company Limited (BTCL) is going to construct a high capacity optical fiber transmission network covering Dhaka (Moghbazar), BCC (agargaon) and Hightec Park(Kaliakair) in order to provide backhaul connectivity for IV Tier Data centre connectivity of BCC ( Bangladesh Computer Council). The scope of the works under this tender is to deploy high capacity DWDM (ROADM) optical transmission equipment and associated auxiliary equipment at mentioned locations. Supplier have to provide 5 year Maintenance support including Spare parts under this tender after FAT. For 5 years maintenance support including spare parts, bidder should include the cost in this offer.

6.2 For this purpose, following types of DWDM andrelated auxiliary equipment are to be supplied, installed and commissioned.

6.3 The total scope of procurement of equipment is as follows :

Classification Number and Location RemarkReconfigurable Optical Add Drop Multiplexer (ROADM) and Associated Auxiliary DWDM Equipment

3 (Three)Sites: Dhaka (Moghbazar), BCC (Agargaon) and Hightec Park(Kaliakair)

Technical specifications are given in Chapter Seven

NMS for DWDM 1 (one) set in DhakaTechnical specifications are given in Chapter Seven

DC Power system (Rectifier & battery)

3 (Three) set Technical specifications are given in Chapter Seven

Air-Conditioner 3 (Three)Technical specifications are given in Chapter Seven

5 years Maintenance and Spares support All locations

6.3.1 The present requirements of different services of the DWDM equipment at different sites are given in Annex-1.2.

6.3.2 The final requirements of different services of the DWDM equipment at different sites are given in Annex-1.3.

6.4 Unless otherwise described in the Technical Specifications, the scope of provision shall cover survey, designing & drawing, supplying, installing, testing and commissioning of equipment and materials and related facilities (excluding the OFC works) on “Full Turn-Key” basis.

6.5 Detail Technical Specifications are given in Chapter-Four, Five and Six of this document

6.6 Maintenance Spares for buffer stock

6.6.1 The Bidder shall quote the “Maintenance spares” with a detail list for the quoted “Maintenance Spares” to be maintained as a central buffer stock by BTCL which will be sufficient for running the system for 5 (Five) years from the end of guarantee period.

6.6.2 The list must include the following;

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1) At least one unit of each replaceable item for each type network element (Common Module/Interface Module)

2) For EMS/CIT equipment there is no need to quote any spares.3) Number of units may be more depending upon the size of the node and MTBF of the critical

equipment/components.

6.6.3 The quotation for such list (in Form D.2) is mandatory and failure to quote shall be regarded as “non-compliance” and it shall be considered that the bidder proposes to supply any quantity of spares, as fixed up by BTCL during contract negotiation, “free of charge” to BTCL.

6.7 Spare parts and consumables used before end of Guarantee Period

All necessary spare parts and consumables used during installation, testing & commissioning and operation of the equipment, up to the end of Performance Guarantee Period, shall be quoted in D.1 form. Any spares needed beyond this shall be supplied by the Bidder at his own cost.

6.8 Maintenance Support up to the End of Guarantee Period

6.8.1 The Bidder, at his own cost, shall engage at least one Operation and Maintenance (O&M) Engineers and at least one other technical personnel. The Engineers shall be stationed in Dhaka to provide full maintenance support for all equipment and sites covered by this purchase up to the end of the Guarantee Period. This support service shall start from the date of cut-over of the first site covered by this purchase.

6.8.2 The support Engineer shall be fluent in English and shall have enough knowledge of the relevant system to effectively solve all O&M problems; the engineer must also have at least 3(three) years of prior experience of providing such support in other countries. The bidder shall be responsible for all types of expenditure to be borne for the manpower, including all types of transportation.

6.8.3 The maintenance support service shall cover at least (but not limited to) the following services and if the bidder disagree to this format of the services, the bid shall be considered having "Critical deviation".

1) Regular visits to all relevant sites to check and monitor different aspects of the working systems

2) To remain stand-by to respond in the shortest possible time during any call by BTCL

3) Helping BTCL personnel to solve different software and hardware problems related to proper O&M of the equipment

4) Identify and remove different bugs in the system's operational software

5) Helping BTCL personnel to properly maintain relevant databases related to O&M of the system

6) Preparation and submission of reports to BTCL about different aspects of O&M of the system

7) Giving on-the-job training to BTCL personnel about different aspects of O&M

8) Advising BTCL about different aspects of O&M, system dimensioning, expansion, etc.

9) Transfer of technology to BTCL personnel

6.9 Guarantee Period

6.9.1 The bidder’s offer shall include an overall “Guarantee Period” for the whole system covered by this purchase. This period shall deem to have started from “the date of effect” of each PAC of the contract and last for 1(one) calendar year.

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6.9.2 During the period of this Guarantee, the bidder shall offer all material, equipment, services and Maintenance support as described in relevant clauses for Spare Parts and “Maintenance Support up to Guarantee Period”.

Bidders’ refusal to offering of the guarantee specified in this clause shall be treated as “ Change of Substance”.

6.10 Testing

6.10.1 Factory Premises Acceptance Test (FPAT)

Testing at manufacturer’s premises, to be termed as “Factory Premises Acceptance Test (FPAT)”, shall be carried out (on random sampling basis) for all type of MSPP equipment to be supplied under this purchase. The FPAT shall include all tests as per relevant ITU-T and/or other relevant recommendations. The purchaser shall send its’ Representative for first lot of equipment to be shipped by the successful bidder. For the rest of the lots such Factory Test shall have to be carried out by the successful bidder by their qualified engineers and shall include the “Factory Test Certificate” with each lot of the equipment during shipment of the equipment. Detail of the FPAT for first lot of equipment is as follows:

a) For all type of DWDM equipment

i) No. of BTCL engineers (not below the level of Divisional Engineer): 3 (three)ii) No. of working days: 7 (seven)iii) Per diem charge for the BTCL inspectors: US$ 120 (one hundred twenty) per person per calendar

dayiv) Other facilities: Both way air ticket, Comfortable Accommodation including breakfast, local

transportation, medical facility (if required).

6.10.2 Provisional Acceptance Test (PAT)

1) Before acceptance of the installed system/ equipment, BTCL representatives shall carryout, on site, detailed tests of all equipment to ascertain their inter-working ability with relevant equipment of the other manufacturers, working reliability, concurrence to agreed technical and other specifications, inventory checking of installed equipment, etc. Such tests shall be termed as “Provisional Acceptance Test (PAT)”. Prior to the commencement of such tests, the contractor shall submit a proposed procedure for the PAT to the Project Director. The Project Director will send the procedure to the Director (M&O) of BTCL with his (PD’s) recommendations. The Director (M&O) will arrange to get the document approved by BTCL.

2) On completion of installation and self-testing of any system/ equipment, the Bidder shall submit 3(three) copies of self-test results to BTCL and offer that system/ equipment for Provisional Acceptance Test (PAT). BTCL shall start such tests within one month after receipt of the request. The bidder may, upon agreement by both parties, offer PAT for any part or parts of the total system. BTCL may also ask the bidder for the partial PAT.

3) The bidder shall be totally responsible for arrangement of all equipment, consumables, test gears and measuring equipment required for the PAT. All costs for materials and service shall be quoted and failure to quote shall be considered that the bidder proposes to provide this service totally "free of charge" to BTCL.

4) The bidder’s engineer shall be liable to make necessary arrangement to complete any kinds of tests requested by BTCL PAT members during PAT procedure.

5) In addition, the bidder shall have to provide per diem costs to PAT engineers as per the following:

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a) Number of BTCL’s PAT Engineers for all equipment sites covered by this purchase: 5 (five) person

b) Number of days allowed for per diem charge for each person: 10 (Ten) working daysc) Per diem charge to BTCL’s PAT Engineers : Taka 2000 per persond) Other facilities: Transportation to the site and any other facilities related to PAT.

However, the bidder shall note that, if necessary, any or all PAT can continue for more than the above scheduled period; but, in such case, the bidder shall not be liable to pay per diem for those additional days.

6.10.3 Final Acceptance Test (FAT)

1) After completion of the PAT and cut-over of the system, the Engineers of the Bidder will take prompt necessary steps to remove all types of faults and replace all types of faulty equipment at the cost of the supplier. At the end of the “Performance Guarantee Period for the Contract”, the overall performance of all equipment will be reviewed, and this review shall be termed as “Final Acceptance Test (FAT)”.

2) The review shall include (but not limited to) the required working reliability and performance standards of the equipment to meet tender specifications, the bidder’s responsiveness to resolve all shortcomings mentioned in PAT reports and the bidder’s removal of all pending & outstanding faults or shortages encountered during the Performance Guarantee Period for the Contract. When this FAT becomes due, the bidder shall make an official request to BTCL for starting of the FAT and BTCL shall start the FAT within one month after receipt the request from the bidder.

3) The bidder shall be responsible for arrangement of all equipment, consumables, test gears and measuring equipment required (if any) for such review tests. All costs for materials and service (if any) shall be quoted and failure to quote shall be considered that the bidder proposes to provide this service totally "free of charge" to BTCL.

6.11 Training

The Bidder shall provide the training to BTCL Engineering personnel. The curriculum shall be enough to facilitate transfer of technology for planning, designing, expanding and proper operation & maintenance of all the systems covered by this purchase to BTCL engineering personnel. Bidder shall include total price for the Training in his offer. Failure to quote shall be considered that the bidder proposes to provide this service totally "free of charge" to BTCL.

6.11.1 Training at the Manufacturer’s premises

The following generic areas should be included in the training program. Actual content of each item should, however, be customized to match with the architecture and solutions offered by the bidder.

Transmission Network: Introduction to DWDM technology, Operation and Maintenance of the proposed DWDM Optical transmission system including features and technical specifications of the offered DWDM equipment, Proposed network configuration, Practice in the DWDM equipment, the NMS/EMS/CIT practice etc.

Detail of the Factory training for DWDM Equipment and systemis as follows:

a) Number of BTCL Personnel (not below the level of diploma engineer which will occupymaximum of 20% of the total personnel) : 2 (Two)

b) Number of working days : 15 (Fifteen)

c) Per diem charge to BTCL Trainee : US$ 100 (one hundred) per day per person for each calendar dayincluding all holidays in between and travel days.

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d) Other facilities: Both way air ticket (economy class), Accommodation including breakfast, local transportation, and medical facility (if required).

6.11.2 Local Training at Dhaka

The following generic areas should be included in the training program. Actual content of each item should, however, be customized to match with the architecture and solutions offered by the bidder.

Transmission Network: Introduction to DWDM technology, Operation and Maintenance of the proposed DWDM Optical transmission system including features and technical specifications of the offered DWDM equipment, Proposed network configuration, Practice in the DWDM equipment, the NMS/EMS/CIT practice etc.

Detail of the local training for DWDM Equipment and systemis as follows:

a) Number of BTCL Personnel : 6 (Six) in one batchb) Number of working days : 15 (fifteen)c) Per diem charge to BTCL Trainee: BD Taka 1000(one thousand) per day per person for each

working day.

6.12 Role and responsibility of each party

6.12.1 Survey, Network Planning & Design

The successful Bidder shall be responsible to provide all services related to installation survey, planning & design for all equipment/system covered by this purchase. After signing the purchase contract a survey shall be conducted jointly by the contractor and BTCL. The contractor shall be responsible for planning & designing based on the survey data. Before installation of the equipment the contractor shall submit the Installation design and drawing along with survey report to the project office for approval. Installation shall be carried out as per the approved design and drawing. No modification of design is allowed without prior approval of the project office.

6.12.2 Power Supply

For most of the BTCL sites, BTCL will make the -48 Volt DC power source available for providing necessary DC power to the DWDM/OLA equipment to be installed under the project. In such case the successful bidder shall have to take DC power from the DC power source of BTCL and the successful bidder shall provide necessary DC power cable, DC circuit breakers (if required) at BTCL DC source and other accessories necessary for power connection. The bidder may consider an average distance of 30 meter from BTCL’s DC power sources to the proposed places for installation of the DWDM/OLA equipment. However, DC power plants have been considered in the scope of works of the purchase for some BTCL sites and all the PGCB sites. For such sites BTCL shall make the necessary AC power source (400 V/230 V, 3ø/single phase, 50 Hz) available for input to the DC power system to be supplied by the successful bidder in these sites. Technical specifications of the DC power system have been given in the relevant chapter of this document. The bidder is responsible for AC power connection from the AC power source of BTCL or PGCB to the DC power system to be provided by the bidder and for DC power connection from the DC power system to the DWDM/OLA equipment to be provided by the bidder. The bidder shall have to provide necessary circuit breakers/fuses, AC & DC power cables, wirings, cable ways, conduit etc. in this connection. The bidder shall also quote an inverter for providing uninterrupted AC power to the Network Management System (NMS) at Dhaka (Moghbazar). BTCL shall arrange necessary DC power source for the inverter.

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The bidder may consider the average distance between the AC power source of BTCL or PGCB and the place where the proposed DC power system will be installed as 25 meters. For most of the cases the DWDM/OLA equipment, Rectifier, and Battery will be installed in the same room. But for some sites the DWDM/OLA equipment and Rectifier will be installed in the same room but the Battery may be installed in separate room. In such case distance between Rectifier and Battery shall not exceed 20 meter. Bidder shall mention in their bid document the DC power requirement of each type of DWDM and OLA equipment with the proposed configuration as well as with full configuration.

6.12.3 Grounding of the Equipment

BTCL shall make the main station grounding bar available for connection of grounding of the equipment to be provided by the contractor at all the sites The contractor shall have to connect their installed equipment to the main grounding bar using at least 25 mm2 size grounding copper cable (green-yellow). Bidder may consider the average distance between the station main grounding bar and the equipment to be installed by the successful bidder as 20 meter for each site.

6.12.4 Inter-connection between different ODFs

The Bidder shall be responsible for making inter-connection facility (including supply of all required material, optical fiber cables, connectors at both ends of inter-connecting cable and related service) between their installed DWDM/OLA equipment and BTCL’s or PGCB’s existing/new Transmission ODFs at all sites. The bidder shall note that optical connectors at all existing ODFs of BTCL are of FC type or SC type. The Bidder may consider the maximum length of optical patch cord for interconnection purpose as 20 meter. All costs for materials and services in this regard shall be quoted by the bidder in his offer. Failure to quote shall be treated as “non-compliance” and it shall be considered that the bidder proposes to provide this "free of charge" to BTCL.

6.1.5 Balancing, Integration and Configuration of supplied equipment/system and inter-working with the existing system

The Bidder shall be responsible for executing the submitted Balancing, Integration and Configuration Plan (revised plan after BOQ finalization). The bidder shall be responsible to integrate & configure the supplied equipment/system as per finalized network topology at the time of Contract BOQ preparation and ensure integration as well as inter-working with the existing network/system of BTCL.

6.12.6 Environment facilities like furniture, painting, renovation, lighting etc. which are not covered by this tender, shall be done by BTCL, if necessary.

6.13 Installation, Testing and Commissioning Services

1) The Bidder shall be responsible to provide all services related to installation, testing, commissioning and cut-over services for all equipment covered by this purchase. The quality and workmanship of the installation works must be of international standard. Any non-standard installation will be rejected by BTCL during implementation of the project or during PAT of the equipment. PAC of the equipment will not be issued until the non-standard installation, if identified during PAT, is not corrected. The Bidder, in his offer, shall show details of required installation and commissioning services, for each equipment separately, per site, to come to a total price for “Installation and Commissioning Services”.

2) These price breakdowns will be used for calculating revised total price if there is any subsequent change in number of sites and/or amount of equipment.

3) If the bidder fails to give detail breakdown, BTCL shall reserve the right to draw its own conclusions, as and where necessary.

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4) Failure to give detail breakdown shall be treated as “minor deviation”.5) All costs for service shall be quoted and failure to quote shall be considered that the bidder

proposes to provide this service totally "free of charge" to BTCL.

6.14 Documentation

1) The Bidder shall supply at least (but not limited to) the following documents before PAT of each site.

a) Technical Documentation for all equipment of the Site- 1 set of hard copy and 1 set in CD; per site.

b) As-built installation drawings for all equipment: 1 set in CD and 1 set in hard copy; per site.

2) Bidder shall include in his offer prices for these Documentation. Failure to quote shall be treated as “non compliance” and it shall be considered that the bidder proposes to provide this “free of charge" to BTCL.

6.15 Quotation for additional equipment

If the bidder thinks that any additional equipment, not listed in this document, is needed for proper implementation and subsequent O&M of the proposed equipment, he shall quote for such equipment. If any such equipment is not quoted, it shall be deemed that no additional equipment is necessary for proper implementation and subsequent O&M of the proposed system. If during implementation and subsequent O&M up to guarantee period, either the bidder or the purchaser finds that any additional equipment are obligatory for proper implementation and subsequent O&M of the network, the bidder shall be liable to supply such systems or equipment, whatever be the required quantity, “free of charge” to BTCL.

6.16 Quotation for Optional Items

The bidder shall quote for all of the optional items as per Form-G of Book-2. Bidder shall note that such quotation is mandatory but price quoted in Form-G will not be considered for financial evaluation. Failure to quote for the optional items shall be considered as “Critical Deviation”.

6.17 Unit Price for Future Orders

1) The unit prices for all future orders for all equipment and services covered by this purchase shall be equal to or below the prices quoted in the original contracted offer.

2) The Bidder shall quote, with his offer, a detailed ‘Future Order Formula’ separately for equipment and services in Form E and submit in the Financial Documents.

3) The new prices as per quoted future order formula shall become effective only for orders placed after Guarantee Period and up to the life time of all equipment and services as per BOQ under this purchase.

4) All parameters of the quoted formulae must be described clearly.

Any disagreement/deviation/non-quotation will be treated as “Critical Deviation”.

6.18 Possibility of change in Scope of Work and BoQThe Bidder shall note that the tender document has been prepared based on a preliminary survey of the prevailing infrastructure and facilities in BTCL. During BOQ finalization with the successful bidder the proposed network design may be changed depending upon the actual requirement at that time and based on that finalized network design the size, number, location etc. of different equipment may also

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be changed accordingly, even some item(s) may be dropped but total Bill of Quantities (BoQ) prices shall be within the amount in purchase proposal approved by the competent authority.

6.19 Omission of any Mandatory Items in the Contracted BoQ The bidder shall note that, even if any or many work(s), equipment or service(s) mentioned in this document as mandatory, is not mentioned in the contract BoQ for any reason, the bidder shall not be automatically relieved of his responsibility for those items. But if such omission(s) has (have) previously been agreed, in writing, by BTCL’s BoQ team, the bidder shall not be made liable for such omitted items. Such approved omissions, if any, shall have to be put either into the contract document or into any other document which subsequently is declared as part of the contract.

6.20 Prevalence of different clauses, chapters and booksIf, for any item, the contents of a Clause of any Book contradict with the contents of any other Clause of the same or other Book of the Tender Document, the prevalence of the Clause shall be as follows:

1) In case of different Books , Book Two shall supersede Book One;2) In case of same Book , later Chapter shall supersede previous Chapter;3) In case of same Chapter, later Clause shall supersede previous Clause.4) In case of later corrections by BTCL, corrections shall prevail with its due position.

6.21 Deviations from BTCL's requirementsThe bidder shall note that, during submission of the bid, if he does not comply to any or many requirement and/ or specification and/ or terms or conditions set forth in this document or proposes any alternate specification and/ or terms and/ or conditions; such non-compliance and/ or alternate specification and/ or terms and/or conditions shall not be binding upon BTCL until and unless such non-compliance and/or terms and/or conditions have been incorporated in writing in the Purchase Contract.

6.22 The Proposed Network ArchitectureThe proposed architecture of the Network is shown in Annex-J.

6.23 Obligation to follow the Scope of WorksThe Bidder shall note that all the items of Equipment/Materials and Services mention in this chapter are mandatory unless any item is mentioned as optional. Bidder must agree all the mandatory items of the Scope of Works. Any refusal or disagreement by the bidder to any mandatory item of the scope of works shall be treated as “Change of Substance”. The bidder shall also note that BTCL will treat any conditional agreement/compliance as disagreement.

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Optical Fiber Loss per Km is 0.35 dB

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ROADM Site and/or Traffic / λ Add/ Dropping Site New

Proposed Network Diagram for 4 Tier Data Center

Moghbazar

SBN

Mirpur

Agargaon PGCB

Uttara

PGCB OFC

BTCL OFC

KaliakoirPGCB

Savar

Hightech Park

BCC

OFC Need to Lay

ODF

21 km43km

7 km

3 km

2 km35 km

6 km8 km

41 km

32 km

Gulshan

Cantonment

B. List of Related Services and Completion Schedule

Notes on Related Services

The Procuring Entity shall clearly specify the Related services/Incidental services, other than inland transportation and other services required to convey the Goods to their final destination, in this Schedule of requirement. In particular, these services may refer to any of the following but not limited to:

(a) performance or supervision of on-site assembly and/or start-up of the supplied Goods;

(b) furnishing of tools required for assembly and/or maintenance of the supplied Goods;

(c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods;

(d) performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time as specified, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and

(e) training of the Procuring Entity’s personnel, at the Supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods

When completing Form PG3-2 the Tenderer shall quote prices and Completion date for services for each item against each lot

Item No.

Description of Related Services

Unit ofSupply

Quantity of Units

Required

Point at which

Services are

required

Required Completion

Date for Services

1 2 3 4 5 6

Procuring Entity’s Option for delivery terms is: [note 1]

Lot No 1: [enter description][add as many rows and details as there are individual items in the Lot]

[note 2] [note 2]

Lot No 2: [enter description][add as many rows and details as there are individual items in the Lot]

Note 1:Delivery period starts from the date of contract signing

Note 2: The Procuring Entity must decide whether there is a separate unit of supply and quantity of units, otherwise may specify ONE (1) in both columns or LUMP SUM in Column 4

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Section 7.Technical Spécifications

OTN (Optical Transport Network) Equipment Specification:

REQUIREMENTS FOR TRANSMISSION NETWORK EQUIPMENT AND NETWORK DESIGN7.1 Introduction7.1.1 This chapter describes the technical specifications for Dense Wavelength Division Multiplexing (DWDM) Optical Line System (OLS) operating at discrete wavelengths in the C-band centered around 193.1 THz　frequency as per ITU-T Rec.G.697.1 grid, at 50GHz/100 GHz channel

spacing. The DWDM system shall support transmission comprising of 10Gb/s, 10GE and/or　higher

bandwidth per channel in the C-band based on OADM technology. The 10GE and　10Gbps shall be supported simultaneously on the same system with no changes to the common equipment at the optical layer.The Specifications in this chapter covers the technical requirements of Dense Wave Division Multiplexers (hereinafter termed as “DWDM”) and Optical Line Amplifiers (hereinafter termed as “”) on single mode optical fibers conforming to ITU Rec. G. 652D.The Technical Request for Proposal explores current and future intelligent optical transport technologies and any interaction they may have with the IP/MPLS transport layer. Main focus is the IP/MPLS clients and their growth (most likely up to Nx100G). Due to this traffic scaling the key requirement is to analyze the bandwidth efficiency that can be achieved with OTN based WDM deployments considering the following requirements: a) High capacity transport b) Multiplexing and grooming capabilities c) Optical bypass opportunities (avoiding O-E-O) d) OTN based OAM capabilities e) End to end transparency Any disagreement/deviation will be treated as “Major Deviation”.7.1.2 The DWDM equipment/system shall conform to the following ITU-T and IEEE Recommendations. The latest version of ITU-T and IEEE Recommendations at date of contract signature will also be considered.a) G.661 ‘Definitions and test methods for the relevant generic parameters of optical amplifier devices and subsystems’

b) G.662 ‘Generic characteristics of optical amplifier devices and subsystems’c) G.663 ‘Application related aspects of optical amplifier devices and subsystems’d) G.667 ‘Characteristics of adaptive chromatic dispersion compensators’e) G.671 ‘Transmission characteristics of optical components and subsystems’

f) G.672 ‘Characteristics of multi-degree reconfigurable optical add/drop multiplexers’g) G.681 ‘Functional characteristics of interoffice and long-haul line systems using optical amplifiers, including optical multiplexing’.

h) G.692 ‘Optical interfaces for multichannel systems with optical amplifiers’i) G.693 ‘Optical interfaces for intra-office systems’j) G.697.1 ‘Spectral grids for WDM applications: DWDM frequency grid’k) G696.1 ‘Longitudinally compatible intra-domain DWDM applications’l) G.707 ‘Network node interface for the synchronous digital hierarchy (SDH)’m) G.783 ‘Characteristics of synchronous digital hierarchy (SDH) equipment functional

blocks’

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n) G.798 ‘Characteristics of optical transport network hierarchy equipment functional blocks’o) G.806 ‘Characteristics of transport equipment - Description methodology and generic functionality’p) G.825 ‘The control of jitter and wander within digital networks which are based on the Synchronous Digital Hierarchy (SDH)’q) IEEE 802.3ba ‘Media Access Control Parameters, Physical Layers and Management Parameters for 40 Gb/s and 100 Gb/s Operation’.Any disagreement/deviation of each of the above recommendations will be treated as “Major Deviation” individually.7.1.3 General Features of the DWDM system

The equipment shall implement synchronous multiplexing at ODUk levels and Ethernet synchronous.The devices are consisted of the required DWDM system equipment (OTU, OADM, etc.) and associated with Elements Management System (EMS) and Network Management System (NMS).The equipment shall support the implementation of GMPLS (RFC 3945) and ASON (ITU-T G.8080). The GMPLS/ASON control plan is adopted in ODUk, Och, and ODUk + Och scenarios.The equipment shall support centralized packet switching function to migrating to packet optical transport system.The equipment shall have plan/concrete roadmap of inter-working the IP/MPLS routers. The inter-working should base on ITU-T, IETF, and OIF standards.The DWDM network shall be based on OTN cross-connect solution with minimum 40 channels, the line side shall support 10G/40G (Optional)/100G.

The DWDM equipment OTN shall support cross connect capacity at least 1Tbps for MoghBazar(BTCL), Agargaon (BCC) and Kalikair (HighTech Park) dropping sites with non-blocked full cross-connect capacity. The DWDM equipment must support OTN/Packet in one universal cross-connect/switch fabric card. TheClient/tributary card and line card must be separate and shall be connected through centralized electrical layer cross-connect switch at Packet/ODUk level.

Wavelength Grid and DWDM system capacity shall be as defined in ITU-T recommendation G.697.1 Wavelength Grid at 50 GHz/100 GHz channel spacing.The OSC (optical supervisory channel) channel and service channel must be separated and OSC channel shall not be amplified.The proposed system shall have the modularity and scalability of at least 40ch/100ch system architecture for Point-to-Point, ring and mesh network applications.The supplier's solution shall support WSS/ROADM architectures for wavelength grooming with reference the topology for 50GHz/100 GHz operation. The supplier solution shall support and provide all type and capacity of WSS (ROADM) to Re-Route any optical Channel from any path to any path between all paths connected to that node.Proposed DWDM system shall support Remote NMS Reconfiguration, at least 40ch/100ch reconfiguration with access to all channels and switching between common port and switched ports. The system shall support a modular and flexible architecture, in order to allow scaling the equipment in accordance to the network requirements. It shall be possible to equip the system progressively, in accordance to the number of wavelengths transmitted, in order to allow real “pay as you grow” configurations.

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The system shall be in-service upgradeable from one wavelength up to its maximum wavelength capacity.The system shall support Optical Terminal Multiplexers (OTM), Optical Add and Drop Multiplexers (OADM) sharing the common modules, in order to minimize the number of spares.Fixed Optical Add Drop Multiplexer (FOADM) is not allowed in the network.Any disagreement/deviation will be treated as “Critical Deviation”.

7.1.4 Requirements of Online System Performance Monitoringa) The DWDM equipment system shall have the capability to monitor system performance online without circuit interruption.b) The DWDM equipment system shall support monitoring and estimating OSNR and the optical power in each channel, and operator shall be able to view the related data in EMS. c) The DWDM equipment system, shall support monitoring and estimating performance of each channel, and operator shall be able to view the related data in EMS.Any disagreement/deviation will be treated as “Critical Deviation” individually.7.1.5 Requirements of the OTU

a) Access service: Support 100GbE、STM-64, 10GbE, STM-16 and 1GbE.b) 100GbE overhead processing shall conform to the IEEE802.3ba standard.

c) Optical interface of OTU S/R side shall meet one or more optical interface standard definedin ITU-T G.691, ITU-T G.693, ITU-T G.959.1, and IEEE 802.3ba, 10 × 10 MSA technical specifications.

d) 10xSTM-64 multiply to 100 Gb/s(1) Optical interface for client shall support the transparent transmission of 10 Gb/s. The wavelength from output in the line side shall meet the standard of ITU-T G.697.1.

(2) The monitoring information includes: LOS, LOF, B1 and J0 bytes. (3) Branch route optical interface shall possess the ability to intercommunicate with the optical interface using the same standard from other manufacturers.e) 10x10GbE multiply to 100 Gb/sAchieve the 10GbE performance monitoring, including the sum of sending/receiving the package and the sum of error package.

f) The proposed system shall comply GFP mapping according to ITU-T G.7041 and the bidder shall describe its support to the following Ethernet encapsulation schemes referencing the offered 10G//100G Transponders/Muxponders as applicable. Moreover the bidder shall clarify if the mapping of Ethernet to OTN is according to G.709 and if both GFP-F and GFP-T mapping options are available, emphasizing the benefits of the supported encapsulation scheme.

GbE into ODU0 in timing transparent manner10 GbE into ODU2e in timing transparent manner10GbE to ODU-Flex based on VLAN

g) The bidder shall describe their solution for mapping 10GE LAN PHY/10GE WAN PHY to ODU-2. h) The bidder's solution shall support 10 x STM-64 / 10G POS /10GBE LAN PHY/10GE WAN PHY signals mapped into ODU4.i) The bidder's solution shall support GE / STM-16 / STM-64 / 10GE signals mapped into ODU4 j) The proposed system shall support the clock transparency to Synchronous Ethernet PHY (SyncE) GE interfaces.h) The system shall also support the Ethernet service L2 aggregation of FE/GE/10GE, and then mapped into ODUk(k=0,1,2,flex) to save the bandwidth.

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i) The proposed equipment should support cross connection of 10GE client at one node with a 10Gbps client port at other end. Any disagreement/deviation in any sub-clause of clause 7.1.5 will be treated as “Major Deviation” individually.7.1.6 Requirement of ROADMROADM shall have the following basic fonctions :7.1.6.1 Support to add/drop the wavelength of 100Gb/s and/or 40 Gb/s (Optional) and/or 10Gb/s single Channel rate;7.1.6.2 The operation of drop wave length shall not affect straightway wavelength;7.1.6.3 In case of upstream optical fiber broken, it will not affect the normal work of the down stream business;7.1.6.4 In case that addition of new channels is required in DWDM node, the addition should not influence/stop service, performance and function in existing channels.7.1.6.5 In case that addition of new channels is required in DWDM node from other vendor’s equipment, the addition should not influence/stop service, performance and function in existing channels.7.1.6.6 Optical amplifiers such as booster, line and pre amplifier can be used, if necessary.7.1.6.7 In cases of ring and linear OADM networks, the maximum transporting distance needs to be at least 1000 km in BTCL SMF (Single mode fiber) without regeneration. 7.1.6.8 Input transponder receiver should be able to execute Regeneration, Re-timing and Re-shaping (3R).7.1.6.9 Optical amplifier needs to compensate the loss of optical power according to type of use.Any disagreement/deviation in any sub-clause of clause 7.1.6 will be treated as “Major Deviation” individually.7.1.7 Requirements of Dispersion compensation module (DCM) a) If the project needs to use the DCM, the standard of DCM is in ITU-T G.671, G.692 and other proposals.b) The system supports Dispersion compensating (if the project needs) units based on:-Dispersion Compensating Fiber (DCF).-Zero latency Fiber Bragg Grating (FBG).7.1.8 Requirements of safetya) Laser, optical fiber amplifier have the obvious safety signs to ensure personal safety. The system is certified as a Class 1M laser product with hazard level 1M according to the IEC 60825-1 and IEC 60825-2.b) When the fiber is disconnected, according to the recommendations of the G.664 to support the APR function, and has automatic / manual restart process. 7.1.9 Automatic gain equalization and automatic power control requirementsa) Must have automatic gain equalization and automatic power control functionb) The process of Channel power dynamic control does not affect the other channel which is adjusted and the work of online business service.c) N x 100 Gb/s DWDM system can support the function of line power dynamic adjustment which does not influence the regular working service. d) Increase/decrease the channel without interrupting the business service.e) Automatic equalization function can realize the dynamic adjustment.f) The equipment shall support in-built end-to-end 10G/40G(Optional)/100G OSNR monitoring & report and automatic in-service optimization without interruption of service and the OSNR monitoring precision shall be within +/- 1dB.

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Any disagreement/deviation in any sub-clause of clause 7.1.9 will be treated as “Major Deviation” individually.7.1.10 Protections Switch requirement.Protection switching requirements1) The system must support Optical Line Active/Protection switching using OTN switch and 1+1 Active and protection Line card. Active and Protection Line card must be separate. It should be easily managed by same NMS system as DWDM equipment and other optical card (amplifier card, MUX/DEMUX card etc.).

2) The switch time of Optical Line Active/Protection switching should be no more than 50ms excluding the detection time.

3) The switching priority of Optical Line Active/Protection switching should support functions like Clear Switching, Forced Switching, Automatic Switching, Manual Switching.

4) The system must support ODUk SNC/N and SNC/I protection 5) For the ODUk SNC 1+1 protection, it should be possible to configure a hold-off timer as specified in ITU-T Rec. G.798.

The equipment should implement OCh network restoration mechanisms.The Equipment shall be capable to support ASON/GMPLS feature.The system must comply with the ASON/GMPLS standard recommended by the ITU-T and IETF.The control plane should support automatic discovery of the network topology and network resources.ASON/GMPLS should support the calculation of the source node route.The system shall support the Ethernet protection for L2 Ethernet features.The system shall support ITU-T G.8032 Ethernet Ring Protection Scheme (ERPS).The transmission system shall give alarm or indication to router/switch to stop transmission/packet forwarding on FE/GE/10GbE ports of transmission Ethernet card, if there is link down between transmission media due to fibre cut or some fault.Linear protection bi-directional switching in 1:1/1+1 architecture must be supported.Revertive operation must be provided.Non-revertive operation must be provided.Provisionable "generic hold-off function" must be provided.Lockout of protection, forced switch and manual switch commands shall be supported.The system should have the fault notification function in order to notify the external terminal equipment connecting to downstream system of fault occurred on the Network

Any disagreement/deviation in any sub-clause of clause 7.1.10 will be treated as “Major Deviation” individually.7.1.11 Availability

The MTBF of system should be at least 50 years and system availability shall be higher than 0.99999.Any disagreement/deviation will be treated as “Major Deviation”.

7.1.12 HW ResiliencyThe supplier shall indicate if all the common parts of the chassis are redundant: power supply redundancy, cross-connect card redundancy, switch fabric redundancy and hitless switchover and hitless forwarding.The solution must support insertion, replacement and removal of modules whilst the equipment is powered up without affecting traffic and / or damaging any module.The supplier shall confirm that, for modular chassis architectures, there shall be no limitation as to where line cards can be installed.

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The supplier's solution should offer power supply redundancy, switch fabric redundancy and hitless switchover.Each shelf shall have individual shelf control card. The supplier solution shall provide indications on each individual module to indicate a failure of the module. The equipment shall also have an alarm display showing at least major and minor summary alarms.The traffics in Annex 1.2 and Annex 1.3 have to use ODUk-SNCP using 1+1 OTN CROSS CONNECT CARD along with 2 pieces of line card for Active and Protection path. For Restoration, all OADM sites must be able to Re-Route Optical Channels. Rerouting will be possible from any path to any path among all paths (as shown in Annex-1.1) connected to that node.

Restoration path must be created by the system automatically. The first route shall be the least distance path among all available paths and it will be chosen by the system automatically. The system must be able to create consecutive restoration paths one after another at multiple fibers cut scenario, as long as a single path is available to that node.

Any disagreement/deviation in any sub-clause of clause 7.1.12 will be treated as “Major Deviation” individually.7.1.13 SW Resiliency1) The supplier shall indicate if control and forwarding parts are separated (autonomous) and if a control failure does affect (or not) the forwarding part.2) The supplier shall confirm that SW upgrade and SW patches can be performed without any service interruption and that its solution supports the upgrade of all operating software without any traffic interruption. 3) Regarding in-service configuration backup and restore features, the supplier shall confirm that its solution has the capability to batch download software and firmware and switch in bulk.4) The supplier shall confirm that their solution is capable of autonomous operation, without assistance from the Management System.Any disagreement/deviation will be treated as “Major Deviation”.

Synchronization1) The system must support clock recovery from STM-1/4/16/64 interface2) The system must support clock recovery from GE/10GE interface.3) The system shall support at least two 2MHz interface for external synchronization input and output in conformity with G.703 and G.704 recommendations. 4) The system shall support at least two 2Mbit/s interface for external synchronization input and output in conformity with G.703 and G.704 recommendations5) The system shall support at least two inputs & outputs interface for IEEE 1588V2, please indicate the detail of time synchronization including electrical specification, networking, etc.

Any disagreement/deviation will be treated as “Major Deviation”.7.1.15 Requirement for MPLS-TP

MPLS-TP is a transport profile of MPLS, optimized for the application in transport networks. MPLS-TP standardization will be the result of a joint effort between Internet Engineering Task Force (IETF) and International Telecommunication Union Standardization (ITU-T) and is in progress. MPLS-TP main requirements are described by RFC5654 and available ITU-T recommendations on T-MPLS G.8121, G.8131, G.8112, G.8110.1, G.7712, and G.8151 (Recommendations to be updated for MPLS-TP). 1) MPLS-TP implementations must comply with the transport profile requirements as RFC5654. 2) The equipment should comply with RFC5921.

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3) The equipment shall support MPLS Pseudo-wire as per RFC3985. 4) The equipment shall support Multi Segment Pseudo-wire as per RFC5659.5) The equipment shall support MPLS G-ACH as RFC5586. 6) The equipment shall comply with RFC5860. 7) The equipment shall comply with ITU-T G.8113.1 to provide a single, integrated transport network node OAM. 8) The system shall support data plane operation and provisioning via management plane. Any disagreement/deviation will be treated as “Major Deviation.7.1.16 Optical supervisory channel (OSC)a) Must have separate optical supervisory channel.b) The wavelength of optical supervisory channel is 1510nm ± 10nm.c) The BER performance of optical supervisory channel is not inferior to the 1x10-11.d) The failure and replacement of filters units cannot affect the DCN communication via OSC.e) The failure of an OSC unit must be non-traffic affecting.Any disagreement/deviation will be treated as “Critical Deviation.7.1.17 Environmental RequirementsThe DWDM equipment shall satisfy the following environmental conditionsAmbient temperature: 0°C to 45°C for the DWDM.Relative humidity: Up to 90% at non-condensing for the DWDM.

Any disagreement/deviation will be treated as “Critical Deviation”.7.1.18 Requirement of system reliabilityThe Optical (photonic) part (40/100Ch OCh Mux/Demux (at least), DCM (if needed), WSS, Amplifier, OSC etc.) must be equipped in separate optical sub-rack.OTN Switch part including Line cards, Client cards and OTN Switch Matrix must be in the OTN sub-rack, which is separate from the optical sub-rack.OTN switch matrix card must be 1+1 redundant.All sub-Rack must have 1+1 power card redundancy.All Sub-Rack must have 1+1 controller card,

Any disagreement/deviation will be treated as “Critical Deviation’’.7.1.19 Power RequirementFor the DWDM equipment, the input voltage will be -48 VDC (-60 ~ -42).Any disagreement/deviation will be treated as “Critical Deviation”.

7.1.20 OPTICAL DISTRIBUTION FRAME (ODF)

1. The optical distribution / termination frame shall be rack mounted type and will be installed at 19 inch or standard ETSI rack (the rack also has to be supplied by the bidder) in suitable position in the equipment room. 2. Optical connector (both side female) in the optical distribution / termination frame shall be high grade SC type.3. There shall be easy access and provision for maintenance facility. 4. The capacity of the optical distribution / termination frame shall be at least 48 port at Dhaka (Mogh), 48 ports at Agargaon (BCC) and 48 ports at Kaliakair (High-Tec Park) dropping sites. The offered optical distribution / termination frame must have adequate space and fixing place of optical connector for the mentioned capacity and will be equipped with necessary optical connector and Patch cord (10 Meter) from the beginning. 5. The Bidder shall be responsible for making inter-connection facility (including supply of all required material, optical fiber cables, connectors at both ends of inter-connecting cable and related

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service) between their installed DWDM equipment and for BTCL’s different ODF to ODF connections at different location as per Diagram.Any disagreement/deviation will be treated as “Major Deviation”.7.2 Requirements for Network Design7.2.1 General Requirements7.2.1.1 The total DWDM transmission network is given in Annex-1.1. The fiber connections between the nodes are shown by two different colors. Blue color represents one pair of fiber, which will be provided by BTCL. Red color represent that, the pair will be from other operator i.e PGCB.7.2.1.2 The approximate distance and total dB loss (maximum value) of the fiber are given in Annex 1.1 for the planning and design of the network bidder has to consider 3 dB margin for each adjacent hop.7.2.1.5 The proposed DWDM system should be able to ensure hitless in-service insertion of new channels or removal of channels, with ability to automatically adjust/tune.7.2.1.6 The offered DWDM system (in all ROADM sites) shall support Automatic Power Equalization (APE). The system shall be capable of automatically adjusting power per channel to its optimum value, if and when channels are added or removed without the need for manual adjustment.7.2.1.7 Bidder shall quote using the Forms A, B.1, B.2, B.3, B.4, B.5, C.1.X, C.2, C.3, C.4, C.5, D, E, F, G for Present Service Requirement mentioned in Annex 1.2. The common equipment quoted such as Subrack, , ROADM, Optical Mux/Demux etc. must have the ability to achieve the Service Demand. For present capacity bidder must design and quote as per the following requirements:

The Optical (photonic) part of each site (40 Ch/100Ch OCh Mux/Demux (at least 40 Ch/100Ch), DCM (if needed), WSS, Amplifier, OSC etc.) must be equipped in separate optical (Photonic) sub-rack(s) with required cards/modules for Active, Protection and Restoration. ROADM should use all possible optical fiber link for Protection/Restoration.OTN Switch part of each site including Line cards, Client cards and OTN Switch Matrix must be equipped in the OTN sub-Rack(s) separated from the optical sub-rack (Photonic) as per requirement .OTN Cross-Connection card must be 1+1 redundant.All sub-Rack must have 1+1 power card redundancy.All Sub-Rack must have 1+1 controller card redundancy.

7.2.2 Service requirements and Protection of services

DWDM network for the demands are defined at 10G/10GbE client service rate level. For all types present service requirements protection is required to handle the 1st break (FOC line/equipment failure) in an automatic manner within the maximum 50 ms delay excluding failure detection time. For the 2nd break and/or consecutive break, restoration is required for high priority service requirements in an automated manner as long as a routing path is available.If the up-stream optical fiber is broken, then it will not affect the normal functions of the down-stream network and vice-versa. The active and/or protection traffics shall be switched through cross-connect fabric.Any disagreement/deviation will be treated as “Critical Deviation.7.2.3 Requirements of Network Protection and restoration

a) In order to cope with simultaneous multiple failures both protection and restoration functionalities shall be provided. Protection functionality shall be provided for all types of traffic, normal and high priority (for both present and final service requirements)traffics.

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Restoration functionality shall be provided on the top of protection functionality for all high priority traffic (for both present and final service requirements).b) Protection switch of normal (present and final) priority traffic shall be triggered on optical power monitoring and there shall be provision to set the LOS thresholds.Automatic switching, user-initiated manual and forced switching, as well as lockout shall be supported.Automatic switching for the high priority traffic demands shall be triggered by line faults (LOS, LOF.…), ODU layer faults.Sequential restoration in case of multiple failures is assumed /desirable for high priority traffic.If, after clearing of fault the main or the protection path becomes available, then the restored traffic shall return to the original path automatically. Bidder shall provide detail protection and restoration plans separately for the normal and high priority traffic and for both the present and final service requirements.

Any disagreement/deviation will be treated as “Major Deviation”.7.2.4 Requirements for minimum Optical link Margin between Hops:

The minimum optical link margin between two adjacent nodes shall be at least 3 dB.Any disagreement/deviation will be treated as “Critical Deviation”.7.3 Network Management SystemThe bidder shall offer a management solution for the management of the devices and network proposed. The scope of network management system shall be fully centralized for management of all network elements (NE), offering the possibility to perform network management tasks from single site or several sites.7.3.1 The following Management facilities must be provided:Fault ManagementConfiguration ManagementInventory Management Security Management Alarm & Event Management Performance Management Software upload/download capabilityBackup and Restoration Management of all NEOnline Help and Access to Electronic Documentation.

7.3.2 For the Network domain:NMS shall provide end-to-end visualization of wavelength pathsNMS shall provide end-to-end display of optical power measurementsNMS shall provide for details for end-to-end wavelength channel provisioning and automated wavelength channel restoration.7.3.3Required Features of the centralized Network Management System

1) The NMS shall run on UNIX/LINUX/Windows platform. It should provide web based client interface which enables anywhere management.

2) NMS must support E2E service configuration, monitoring and performance checking.3) NMS must support user-friendly GUI and easy point & click operations.4) NMS should support quicker end-to-end provisioning of multi-service, including

WDM circuit, SDH circuit, Ethernet circuit, and wavelength transport.5) NMS should provide Fault, Configuration, Performance & security features in Single

Window.

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6) NMS must support Ethernet OAM standards such as Y.1731, 7) The NMS shall provide management functionalities and web based management.8) The NMS shall support remote downloading of all types of software and firmware

required by WDM equipment.9) The system shall support up-gradation of the software version preloaded in the

system without loss of traffic or configuration. System shall allow revert back to the previous version of the software without loss of traffic or configuration.

10)Download failure on the NE shall not affect other applications running on NMS.11)The NMS should have the capability of auto discovery of new NE.12)NMS shall provide the inventory details of all systems in the network up to card and

SFP/XFP level with simple operation.13)NMS shall have report generation capacity such as Number of configured WDM circuits,

SDH circuits, Ethernet paths, used and unused capacity of each Network Element etc.14) NMS shall provide Comprehensive network map (geographic and synoptic) of all the managed elements with a sophisticated alarm and traffic status display, real time alarm and traffic monitoring and giving a full access to all NE technical management features through a user friendly interface.Any disagreement/deviation will be treated as “Major Deviation”.7.3.4 HW RequirementsThe NMS shall consist mainly of one server and Three clients. The server will be situated at Moghbazar(BTGL) and the clients will be at Moghbazar, Agargaon (BCC) and Kaliakair (Hightec Park).The bidder shall define HW requirements for each management entity according to system architecture (for server part and also for client workstations).Required HW resources:CPU (type and number of cores, speed)RAM (Capacity)Disk (Capacity + required partitioning)Number of network interfacesPlatform power consumption, power protectionOther HW requirementsAny disagreement/deviation will be treated as “Major Deviation”.7.3.5 Management limitations and System sizingThe bidder shall define basic limitations and rules for management network planning. Minimum number of NE handling by one NMS shall be 60 (Sixty) Nodes for DWDM Equipment , Minimum number of WS connected to one NEMS and NMS shall be 20 (Twenty), Minimum Five users can login a server and work simultaneously.Minimum 20 (Twenty) Performance measurement can be initiated in the system and data can be recorded simultaneously.Any disagreement/deviation will be treated as “Major Deviation”.

7.3.6 General functionalities of the NMS7.3.6.1 Fault and Alarm Management1) NMS should provide real time surveillance of network faults from the various alarm

captured from the network elements. The reported alarm shall have the actual date and time stamp of origin.

2) Single alarm window for all NEs displaying network active alarms, cleared alarms, severity of alarms.

3) Alarm list, threshold and severity should be customized.

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4) System shall be capable to log performance parameters on 15 min /24 hours basis and made available whenever required through NMS beside current register counters, equipment shall be capable of storing history register counters for the last six months.

5) There should be facility to send SMS/Mail for various alarms. This should be configurable on basis of alarms and SMS/Mail list to be configurable.Any disagreement/deviation will be treated as “Major Deviation”.7.3.6.2 Configuration Management

Following configurations should be possible:a) E2E service provisioningb) Port settings.c) Loopbacks.d) All configurable parameters for the equipment shall be configured using the NMS.e) Should be possible to create, configure, provision and manage the traffic based on

bandwidth and QoS requirements.f) Version management feature to be included.

Any disagreement/deviation will be treated as “Major Deviation”.7.3.6.3 Performance management

System has to be able to collect all standard quality parameters/indicators for WDM/SDH/PDH based part as well as for packed switch part in accordance with related standards. Data shall be available for online and offline data analyzes. System shall provide tools to analyze and report quality parameters/indicators from network on network level (for each network service). It means that system shall provide quality report not only on node/element level but also on network service level.2) For Performance reports, all performance parameters to be monitored on 15 min,

hour, day, month and weekly basis.3) The receiving level monitoring to be provided on real time basis - both in table as

well as graphical view with time stamp.4) The system should be able to monitor service quality parameters regarding

availability on real time basis.5) It should be possible to monitor packet drops in case of Ethernet interface.6) Comprehensive Ethernet performance counters & utilization reports generation must

be supported by NMS.6) Support to MIB access must be available for integration / real time utilization

monitoring by third party systems i.e. MRTG etc.Any disagreement/deviation will be treated as “Major Deviation”.

7.3.6.4 Security ManagementThis functionality shall provide necessary security to the data as well as access to the network. The equipment shall support the access to the system. Low level protection for read only access to faults and performance information. Medium level protection for access to configuration status and features. High level protection for control of access to aforesaid clauses and to change in the configuration and control parameters. All the Log in and Log out attempts shall be logged in the security Log File of the NMS system. The NMS shall be able to back up and restore the data base to and from external storage media or internal storage media.System shall support following authentication and authorization mechanisms for security management on management system level as well as on element level:RADIUS, or TACACS+ or Microsoft authentication protocol

Any disagreement/deviation will be treated as “Major Deviation”.

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7.3.6.5 Inventory ManagementSystem shall support:scheduled automatic inventory data collecting and storinglisting and filtering inventory dataexporting inventory dataThe bidder is requested to describe inventory management in its offered management system.HW inventorySystem shall support collecting and storing installed HW inventory data (e.g. hardware configuration, serial numbers, card positions, etc.). Service inventorySystem shall support collecting and storing information about configured network services in the network.

Any disagreement/deviation will be treated as “Major Deviation”.

7.3.7 Local craft terminal

The bidder is requested to describe how the equipment can be configured & maintained

locally. Bidder shall quote 3 numbers LCT (Notebook PC) ( One Desktop+ 2 Laptop)

terminals along with necessary management software. The LCT shall be able to

connect all network elements on the same network (autonomous system) from locally

connected device.

Minimum Hardware requirements for the LCT are as follows:

Intel Core I7 processor, 4 GB RAM, 500 GB HDD, DVD Read/Write Combo drive, 14” LED monitor for Laptop and 21” LED Monitor for Desktop, WiFi facility etc.

Any disagreement/deviation will be treated as “Major Deviation”.

REQUIREMENTS FOR DC POWER PLANT

7.4 GeneralThree sets of DC power plant (-48 Volt) equipment are required for several BTCL sites and all the PGCB sites included in the scope of works of the tender. The DC power plant will consist of the Rectifier, the Battery and the associated power distribution panels. In some BTCL sites the necessary DC power shall have to be taken from the existing DC PDB to be assigned by BTCL. The Contractor shall make necessary DC wiring from the assigned DC PDB to the DWDM equipment. The bidder shall also quote for an Inverter for feeding uninterruptable power to the NMS of the proposed optical transmission system. Detail specifications of the Rectifier, Battery and Inverter are given below:7.4.1 Rectifier

The offer shall include necessary rectifier (modular type) to provide DC power source to run the system and to charge the back-up batteries. The charging current for the back-up batteries considered at 10 hrs charging rate. The minimum capacity requirement of the rectifier set will be as follows.

For 3 (Three) sites: Present equipped DC output capacity: 150A(for each site)Number of Rectifier modules to be supplied = N+1, where

N= Present equipped DC output capacity ÷ DC output Capacity of each module

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(If N becomes a fraction then the next integer will be considered)The Contractor shall give the details for rectifier dimensioning. The size of the rectifier rack shall be such that there is enough gap (at least 60 cm) between floor and the rectifier modules. Failure to give detail breakdown shall be treated as non-compliance and in such case BTCL shall draw its own conclusion.The Rectifiers shall be electronic switch-mode type with automatic redundancy control and charging control functions. The control panel shall provide visual and audible alarm facilities and required provision for alarm loops for connection to the remote monitoring system. The display in the control panel shall have the facility to show all types of alarm and other necessary data such as input voltage and current of each phase, output voltage and current, battery current etc.There shall be provision for over-voltage, under-voltage, over-current and over temperature protection, low voltage cut-off to save the battery from deep discharge and the rectifier shall be equipped with necessary surge protector. The rectifier shall be provided with circuit-breakers (both in AC & DC side) of adequate capacity and shall allow full istion from the source and the load.The Rectifier Rack (or Frame) shall be provided with AC and DC power distribution panel with necessary circuit-breakers (both in AC & DC side) of adequate capacity and shall allow full istion from the source and the load. If all of the rectifier modules are taken-out of service, provisions shall be there for automatic diversion of the load to the battery.The rectifier rack shall contain one or more DC distribution panel consisting of circuit-breakers of 10A, 16A, 32A and 63A capacity (at least two numbers of each capacity). There shall be provision in the rectifier for connecting at least two sets of Battery. There shall be fuse of adequate capacity for each set of Battery and the fuse should be easily to disconnect (Knife type fuse is preferable). Any deviation of clause 5.2 shall be considered as “Major Deviation”.7.4.2 Technical Specifications of the Rectifier

A/C input voltage : 160 V ~ 260Vii) Frequency : 45 Hz ~ 55 Hziii) Efficiency : 90% or moreiv)Protection : Input Over Voltage, Input Under voltage, Output over voltage, Over load, short circuit, Over Temperature, Surge and transient

Output voltage : -48 Volt nominal (43 ~ 54 or better)Output current/module : Bidder shall mentionStatic voltage regulation: ± 0.5%Ripple and Noise : <300 mV p-p, <2 mV rmsCooling : Forced cooling with internal fanOperating Temperature : 00C ~ 500COperating Humidity : Maximum 95% non-condensing

Any deviation of clause 5.2.1 shall be considered as “Major Deviation”.7.4.3 BatteryThe offer shall include necessary3(three) battery sets for three sites to provide back-up DC power source to run the system during AC mains failure. The minimum capacity requirement of the each battery set will be as follows:Capacity of Battery set at each site: 2X200 AHThe Batteries shall be of -48 Volts, 2 Volt each unit. The Batteries shall be sealed and maintenance free (VRLA) Gel type.

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The minimum guaranteed life-cycle of the batteries must be at least 7 (Seven) years or at least 1200 cycles of discharge at 80% discharge depth.Both of the battery sets shall be connected to the rectifier through Fuses of adequate capacity which will allow complete disconnection of both of the battery sets during any required O&M function.In order to protect the exchange equipment as well as the battery in case of dropping of the DC voltage below a certain level, the rectifier connection to the battery sets must be provided with a device for disconnecting the battery sets as soon as such levels arrive.All of the exposed parts of the terminals in each cell of the battery-sets will be provided with adequate oxidation-proof covers.The charging-current at 10hrs charging rate for the battery sets, as supplied shall be carried-over to calculation for rectifier requirement.The proposed battery shall be capable of operating at non-air conditioned environment i.e 0 0C ~ 400C room temperature and at maximum of 95% humidity (non-condensing).Any deviation of clause 7.4 shall be considered as “Major Deviation”.

7.5 Air Conditioners

7.5.1 Technical Specificationsi. Type : Floor/Wall mounted split typeii. Cooling Capacity : 24,000 BTU/Hriii. Input Power : 230 Volt AC ± 10%, 50 Hz, Single phaseiv. Maximum Power consumption: 2,700 Watt or lessv. Other features : Auto restart after restoration of input AC power

Section: 8 Criteria and Process of Evaluation

8.1 Notwithstanding whatever is stated in other clauses of the tender documents, the criteria for evaluation of substantial responsiveness of the received bids of this tender shall be according to clauses described in this chapter of the tender document. If any bidder refuses to agree to any of the clauses of this chapter, his bid shall automatically be considered as “substantially non responsive”.

8.2 However, relevant clause(s) stated elsewhere in this document shall also be applicable if such clause(s) do(es) not contradict any clause(s) of this chapter.

8.3 Evaluation Process

The process of evaluation shall be in the following order: 6.3.1 Preliminary Examination - determination of Eligibility of the Bids. 6.3.2 Technical Examination and Responsiveness

Financial Evaluation of Technically Responsive Bids6.3.4 Selection of successful Bidder 8.4 Technical and Financial Documents8.4.1 The Bidders “Technical & Financial Documents” shall contain the following documents in each set:

1. User’s Certificates regarding the equipment as described in Clause 10.2.

2. Experience Certificate of the bidder as described in Clause 10.3.

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3. Brochure/ Catalog and Technical documents of the Manufacturer, showing model name and number, specifications and capacities, Hardware description etc., for the equipment which bidder has proposed in Form-F.

4. Summary price and Detail Bill of Quantity (BoQ) of all equipment, goods (up to the most detailed level desired by the bidder) and services as per formats shown in “Form-A”, "Form B"s, “Form C”s and “Form-D”.

5. Basic Functional and Operational Block Diagrams (for both hardware & software) of the MSPP equipment, showing all major systems.

6. Method of expansion of the equipment from its present capacity to final capacity.

7. The Bidder must submit Type-wise Face lay-out view of actual configured MSPP equipment proposed at different sites. These lay-out view drawings shall include all the quoted Racks/Sub-racks/chassis of that specific site, clearly showing all the slots on each equipment (Whether equipped or not). Different Cards (minor items need not be shown) quoted in BOQ shall be shown on these Racks/Sub-racks/chassis on specific slot number where these cards are to be inserted for a configured equipment to satisfy technical requirements.

8. Functional description, in brief, and abbreviated name (if any) of all major hardware for the system (up to the level listed in the BoQs).

9. The “Compliance Schedule” to all the clauses and its sub-clauses of the Tender Document. The schedule shall be prepared as per format shown in Annex-G of this document.

10. The Tender document duly signed (in original) and stamped in every page by an authorized representative of the bidder.

8.4.2 Guidelines for submitting Technical and Financial documents

1. Among the documents listed above, Type-wise Face lay-out of the proposed MSPP equipment system must be provided separately in a separate chapter of the technical document. Other documents listed above shall preferably be provided separately in separate chapters of the technical document. But co-related items may be merged together or included in one single chapter. All the chapters must be marked and numbered clearly and a list of contents must be provided on top of each books/volumes of the documents.

2. If for any bidder, its bid does not contain the documents asked in clauses 8.4.1(1), 8.4.1(2), 8.4.1(4), 1.12.1(7) and 8.4.1(9) for the offered MSPP equipment, BTCL shall declare the bid to be "Substantially Non-Responsive" and shall not continue with further evaluation of that bid.

3. If it does not contain the information asked in clause 8.4.1(8) above, BTCL shall consider the bid having "Major Deviation".

4. If for any bidder, its bid does not contain any of the required documents listed in 8.4.1 (3), 8.4.1(5), 8.4.1(6) or 8.4.1(10) the bid shall earn penalty point’s equivalent to a "Critical Deviation" for each of such absent document.

8.5 Special information for the bidders

8.5.1 The bidder shall note that, during submission of the bid, if he does not comply and/ or disagree to any or many specifications, terms and/ or conditions set forth in this document

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and/ or proposes any alternate specification, terms and/or conditions; such non-compliance and/ or disagreement and/or alternate specification, terms and/or conditions shall not be binding upon BTCL until and unless such non-compliance and/ or disagreement and/or alternate specifications and/or terms and/or conditions have been accepted by BTCL and has been incorporated in writing in the Purchase Contract and/ or any other document which has been declared as part of the contract.

8.5.2 In case of any disagreement of Clause 8.5.1 above by any bidder, BTCL shall consider the bid as "Substantially Non-Responsive" and shall not continue with further evaluation of the bid.

8.6 Preliminary Examination – determination of Eligibility of the Bids1) The TEC will first examine the contents of all “Mandatory Documents” of each Bid

as per Clause 8.5.2) Bidder who will not properly give any of the required documents as mentioned in

“Mandatory Documents”, the TEC of BTCL shall treated that Bid as “not eligible” and will reject the concerned Bid.

3) The Bids of only those Bidders, whose Bids have not been treated as "not eligible" by the TEC of BTCL shall automatically be considered as “Eligible” and shall be considered for further evaluation.

4) Any Bid, declared by TEC of BTCL to be “not eligible”, cannot be declared “Eligible” later on. 8.7 Technical Examination and Responsiveness1) The TEC shall then examine detail Technical and Financial documents as per clause 8.4 to check conformity of the offer with the relevant Technical Specifications of different equipment and systems mentioned in chapters 2, 3, 4 and 5.2) Any Bid found to be “Substantially Non-Responsive”, the TEC will not continue with further evaluation of the Bid.3) During evaluation, TEC shall consider Bidders’ compliances to various clauses and sub-clauses of this tender; but for the interest of BTCL, TEC shall have the authority to conclude its own decision about such compliances.4) The Bidder does not give any statement to its compliance to any of the tender clauses or sub-clauses or drops any clause or sub-clause in the “Schedule of Compliance”, its' compliance to that clause/ sub-clause (as applicable) shall be treated as “not complied” to that particular clause/ sub-clause.5) If the Bidder puts any condition to his compliance to any of the tender clauses and/ or sub-clauses, its' compliance shall be treated as “not complied” to that particular clause and/ or sub-clause.6) TEC shall also consider the contents of various attached documents. If any content of the attached documents contradicts the compliance statement of the Bidder to any of the clauses and/ or sub-clauses, the Bidder shall be treated as “not complied” to that particular clause and/ or sub-clause. In all of such cases, BTCL’s decision shall be final.7) If any equipment/goods of the offered system is already working in BTCL network, for conclusion about compliance to any clause/sub-clause, BTCL's practical field experience shall be given priority over Bidder's statement regarding the relevant capabilities, performance, working reliability in field, operation & maintenance aspects, user’s satisfaction etc. of all those equipment/goods. BTCL shall have the authority to draw its own conclusion regarding this aspect.

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8) If, the Bidder provides any clarifications to its Bid against any query of TEC, the TEC shall consider those clarifications. However, if such clarifications contradict the relevant statements given in his original offer, the offered clarification(s) shall be disregarded. 9) If the compliance of a bidder for a particular clause of the tender document is very close to the requirements of that clause but does not totally met the requirements of the clause, then the members of the evaluation committee may, by applying their judgment, accept such incomplete compliance of the bidder against that particular clause, if it does not materially affect the performance of the equipment and may relieve the bidder from the penalty for non-compliance of that particular clause.8.8 In case of two (2) or more Bidders bid having the same total Evaluated Bid Price, the Successful Bidder shall be selected in the following order;Bidder who achieved the lowest penalty points in the Technical Bid Evaluation. Bidder who achieved the few numbers of serious penalty.

8.9 The following deviations of any offer will be treated as “minor deviation” of the bid:

1. Any deviation which has already been termed as “minor deviation” in this tender document.

2. The non-compliant of any clause/sub clause of this tender document having no weight as minor deviation or major deviation or change of substance or critical deviation shall be considered as minor deviation.

3. Every item of “minor deviation” shall earn a score of 1(one) “penalty point”.

8.10 The following deviations of any offer will be treated as “major deviation” of the bid:

1. Any deviation which has already been termed as “major deviation” in this tender document.

2. If the bid BoQ has any shortage of quantity in any of the required hardware and/or software (for each of such shortquoted quantity) unless otherwise specified in the tender.

3. Any item of “major deviation” shall earn a score of 5(five) “penalty points”.

8.11 The following deviations of any offer will be treated as “critical deviation” of the bid:

1. Any deviation which has already been termed as “critical deviation” in this tender document.

2. If the Bidder made a major changed either the language or format of any of the different forms attached with this document.

3. Any item of “critical deviation” shall earn a score of 25 (twenty five) “penalty points”.

8.12 The following deviations of any offer will be treated as “change of substance” of the bid:

1. Any deviation which has already been termed as “change of substance” in this tender document.

2. If the bidder refuses to provide answers to any requested clarification(s).

3. If any Certificate or any other document attached as part of the bid is found to be false or unauthentic.

4. If the bidder has put any condition in the prices set forth in the BoQ.

5. If, for any Bidder, the bid does not contain all the required prescribed filled up BoQ forms [if any bidder leaves few items (≤20%) of a BoQ form un priced, it will not mean that the bidder did not fill up the concerned BoQ Form, in such case clause 8.15 (7) or/and 8.15 (10)

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or/and 8.15 (13) will be applied].

6. If in the bid BoQ, individual components are not uniquely identified which creates ambiguity about the price and capacity of components (for example, STM-1 interface card of the Media Gateway, Transmission Equipment and Routers and E1 interface card of the Media Gateway, Transmission Equipment and Routers should be described clearly about their port availability in each type of card.)

7. A bid containing any item of “change of substance” shall be treated as “Substantially Non- Responsive”.

8.13 The penalty points earned by each bid will be added to get total penalty points. The bid of any bidder which has earned more than 50 (Fifty) penalty points in Total, shall be treated as “Substantially Non-Responsive”.

8.14 BTCL’s decision to treat any bid as “Substantially Non-Responsive” shall be final.

8.15 A bid, not treated by BTCL as “Substantially Non-Responsive”, shall automatically be considered as “Responsive” and the process for evaluating financially shall begin.

8.16 However, in order to protect the interest of the purchaser, the Tender Evaluation Committee of BTCL shall have the right to give any suitable explanation on any discrepancy or inadvertency detected either in the tender document or in the bid proposal.

If a bidder wishes to raise a compliant regarding the Evaluation or any other decision of BTCL, he can do it referring the contents of his own bid documents. If a bidder raises a compliant referring to any specific content (which is/are not publicly available) of the bid documents of other bidder(s) then it will mean that the bidder has been illegally possessing the bid documents of other bidders. In such case the bid of the complainant bidder will be declared “Substantially Non-Responsive” and the bidder will be Black listed by BTCL for his above mentioned illegal activity.

8.17 Financial Evaluation and Price Comparison

1) The total price quoted by the bidder in the bid i.e., “The Quoted Total Price” shall not be the criteria for selection of the “Successful Bidder”.

2) All of the “Responsive” bids will be further evaluated to calculate the “Evaluated Total Price” of the bid. The process of calculation of the “Evaluated Total Price” shall be in accordance with the clauses described in this chapter.

3) BTCL shall evaluate the contents of all of the Prescribed Forms submitted with the bid.

4) During such evaluation, the unit prices and discount (if any) quoted by the bidder shall be considered as final. Change of unit prices during evaluation stages shall not be allowed.

5) There shall be full conformity between the summary or total prices and their related breakups of unit prices. If any discrepancy is found, the relevant unit price shall be considered as a reference price for evaluation purpose.

6) The bidder shall quote for all items which is necessary for turn-key completion of all scopes of works described in this tender. No subsequent addition of any new item(s) in the BoQ will be allowed with new unit price during BoQ finalization.

7) The Bidder shall quote for all items as per the schedule of requirements (BoQ). For any item listed in the Schedule of Requirements (BoQ), but shown un-priced in the Price

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column of BoQ, it shall be assumed that the price is included in the prices of other items. No bid will be declared as non-responsive for leaving few items of BoQ as un-priced.

8) BTCL shall correct arithmetic errors and errors made during transfer of data from one Form to Other that are identified during the evaluation of tenders. BTCL shall give prompt notice of any such correction to the respective bidder. If bidder does not accept such correction as arithmetic error, it will be considered as change of substance.

9) If the Bidder has quoted the price for any item as “free” or “zero”, it shall be understood that the price would be same (i.e. free or zero) for any subsequent expansion up to the minimum final capacity of the system.

10) If, during evaluation, it is found that the Bidder has not quoted any mandatory item(s), it shall be considered that the Bidder proposes to supply the non-quoted items of required quantities “free of charge” to BTCL. If any bidder refuses to provide any item or part of any item and/or the system offered by the bidder does not support any item or part of it then the bid shall be treated as “Substantially Non-Responsive”.

11) If, during evaluation, it is found that the Bidder has quoted for less quantity of any mandatory item, it shall be considered that the Bidder proposes to supply the shortfall quantity “free of charge” to BTCL. If any bidder refuses to provide the short quoted quantity “free of charge” to BTCL then the bid of that bidder shall be treated as “Substantially Non-Responsive”.

12) The Bidder shall not quote different unit price for same equipment/card/spare/accessory in different forms. If Bidder quote different unit price for same equipment/card /spare/accessory in different forms, the lowest unit price of respective equipment/card/ spare/accessory shall be considered for evaluation considering arithmetic correction. It shall be understood that such lowest price shall remain same for the contract and for any subsequent expansion up to the final capacity of the system.

13) The Bidder shall be responsible for turn-key implementation of the project and during execution of the contract if any shortfall of quantity of any item is detected; it shall be considered that the Contractor will supply required quantities of respective item without any additional charges to BTCL under this purchase and BTCL will not provide any CD VAT or any other duties for such type of goods.

14) In case of any item, other than mandatory has been quoted as additional/optional and if BTCL decided to purchase such item(s), its price shall be considered for evaluation and the unit price shall be taken from the bidder’s own quotation.

15) If the bidder wishes to give any discount in its financial offer, it shall be given after the “Total Price” of the bid, either as a lump sum or as a percentage. If the bid contains any irregular discount, the bid shall be treated as “Change of Substance” and the bid will not be evaluated further. If the bidder has given any regular discount in the bid, such discount shall be treated in percentage of the total bid price and each of the unit prices of the bid shall be re-fixed by reduction with the same percentage [i.e., new unit price = (discounted total price total price before discount) x quoted unit price]. Such re-fixed unit prices shall be regarded as the final unit prices for that relevant item of the bid. Such re-fixed unit prices shall be valid for any subsequent purchases up to the entire life-time of the project, i.e., 8 (Eight) years from the date of issuance of FAC.

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16) If the “The Quoted Total Price” of the “successful bidder” is found to be higher or lower than the “Evaluated Total Price” of the bid, then “Evaluated Total Price” shall be considered as bid price.

17) For each of the “responsive” bids, BTCL shall calculate the “Evaluated Total Price” after making the relevant and necessary corrections as stated in this chapter.

18) Only the bids, found “responsive” will be listed in chronology of the “Evaluated Total Price”. The bid with the lowest value of the “Evaluated Total Price” shall be on top of the list; the bidder with the next higher value of the “Evaluated Total Price” shall be on second place and so on.

8.15 Selection of Successful Bidder

1) The bidder with the lowest value of the “Evaluated Total price” shall be considered as the “Successful Bidder” for this bid.

Section 9.Particular Specifications

9.0 Acceptance Tests:

Acceptance tests will be divided into two parts. One is Provisional Acceptance Test (PAT) and another is Final Acceptance Test (FAT).9.1 Provisional Acceptance Test (PAT):9.1.1 Before acceptance of the installed OBDT network system, BTCL PAT team shall carry PAT of the equipment. The PAT team will also check whether the work has been performed as per the specifications mentioned in the tender document. Such tests and checking shall be termed as “Provisional Acceptance Test (PAT)”. Prior to the commencement of such tests, the Contractor shall submit a proposed procedure for the PAT to be subsequently passed by BTCL. PAT team will be formed with the approval of the Managing Director, BTCL. The PAT will be done by the PAT team of BTCL and Contractor’s Engineers jointly.9.1.2 On completion of supply, installation and commissioning and self-testing of any equipment, the Bidder shall submit 3(three) copies of self-test results to BTCL and will offer PAT for that Section/ complete works. BTCL shall start such tests within one month after receipt of the request. The Bidder may, upon agreement by both parties, offer PAT for any part or parts of the total system. BTCL may also ask the Bidder for partial PAT.9.1.3 The Bidder shall be totally responsible for arrangement of all equipment, consumables, test gears and measuring equipment required for the PAT. All costs for this service shall be quoted.Whereas the Bidder’s Engineer shall be liable to make necessary arrangement to complete any kind of possible tests for asserting the specifications during the PAT.9.1.4 During these Tests, the Bidder has to provide per diem allowance to PAT Engineers as follows: Number of BTCL’s PAT Engineers : total 1 (one) teams, each team maximum 5 (five) persons and one person from BCC.Number of days allowed for per diem charge: 5 (Five) working days.Per diem charge to PAT members : Taka 2000 (Two thousand)per person per dayOther facilities : Other facility related to PAT

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However, the Bidder shall note that, if necessary, any or all PAT can continue for more than the above scheduled period; but, in such case, the Bidder shall not be liable to pay perdiem for more than 7(Seven) man-day.9.1.5 After satisfactory completion of PAT of any Section, payment for the works of that Section may be made to the Contractor according to the payment terms & conditions of this tender. Based on the recommendation of the PAT team, the Project Director may issue PAC for that Section.

Final Acceptance Test (FAT):After completion of the PAT, the Engineers of the Bidder will take prompt necessary steps to remove all types of defects/faults of the work and replace all types of faulty goods/materials at the Contractor’s own cost. At the end of the Performance Guarantee Period, the overall performance of the woks and related supplied goods/materials will be reviewed and this review shall be termed as “Final Acceptance Test (FAT)”. FAT team will be formed by Director (Maintenance and Operation), BTCL.The review shall include (but not limited to) the required working reliability and performance standards of the goods/materials to meet the tender specifications. The Contractor’s responsibility is to resolve all shortcomings mentioned in PAT reports and to remove of all pending & outstanding faults or shortages encountered during the Performance Guarantee Period. When this FAT becomes due, the Contractor shall make an official request to BTCL for starting the FAT and BTCL shall start the FAT within one month of receiving the request from. The Contractor shall be responsible for arrangement of all equipment, consumables, test gears and measuring equipment required (if any) for such review tests. All costs for materials and service (if any) shall be quoted. Based on the recommendation of the FAT team, the Director (Development & Coordination) may issue FAC.

Payments:

All payments shall be made through irrevocable Letter of Credit (L/C) or through A/C payee cheque. As per Clause GCC-65, the Project Director shall pay the Contractor the amounts certified by the Project Manager within twenty-eight (28) days of the date of each certificate.

A. Payment of Equipment Price1) An amount of 30% (Thirty percent) of the invoice amount shall be paid by the bank upon submission by the contractor of relevant shipping invoices, copies of the “Factory Test Certificate” (if any) and other documentations to support the claim.2) An amount of 10% (Ten percent) of the invoice amount shall be paid by the bank upon submission of an “Arrival of Goods and Materials Certificate” by the contractor to support his claim. Such certificate(s) shall be issued by the Project Director upon arrival of relevant goods and materials on site or in store (as applicable).3) An amount of 40% (Fortypercent) shall be paid by the bank upon submission of a “Provisional Acceptance Certificate (PAC)” by the contractor to support his claim. Such a PAC shall be issued by Director (Development Co-ordination) of BTCL upon completion of relevant contractual liabilities by the contractor.4) The remaining 20% (Twenty percent) shall be paid by the bank upon submission of a “Final Acceptance Certificate (FAC)” by the bidder to support his claim. Such a FAC shall be issued by Director (Development Co-ordination) of BTCL upon completion of relevant contractual liabilities by the bidder.

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B. Payment for Service Price1) an amount of 30% (Thirty percent) of the whole contract amount for Installation, Testing & Commissioning and Project Implementation administrative services & Inter-working/Connection services shall be paid by the bank upon submission of a “Certificate of Commencement of Work” by the contractor to support his claim. Such a commencement certificate shall be issued by the Project Director upon commencement of implementation works by the bidder.2) an amount of 60% (Sixty percent) of the concerned contract amount for Installation, Testing & Commissioning and Project Implementation administrative services & Inter-working/Connection services shall be paid by the bank upon submission of a “Provisional Acceptance Certificate (PAC)” by the contractor to support his claim. Such a PAC shall be issued by Director (Development Co-ordination) of BTCL upon completion of relevant contractual liabilities by the bidder.3) the remaining 10% (Ten percent) of the concerned contract amount for Installation, Testing & Commissioning and Project Implementation services & Inter-working/Connection services shall be paid by the bank upon submission of a “Final Acceptance Certificate (FAC)” by the contractor to support his claim. Such a FAC shall be issued by Director (Development Co-ordination) of BTCL upon completion of relevant contractual liabilities by the bidder

C. Payment for factory Test100% (One hundred percent) of the whole contract price for factory test shall be paid by the bank upon submission by the contractor the “Factory Test Certificate” to support his claim. Such Factory Test Certificate shall be signed by BTCL engineer(s) attending the factory test upon successful completion of the Factory Testing at test site of manufacturer’s premises.D. Payment for Maintenance Support Services100% (one hundred percent) of the whole contract price for Maintenance Support services will be paid in four equal payments on half yearly basis and shall be paid by the bank half yearly upon submission by the contractor a “Certificate for Completion of Maintenance Assistance” after end of each half year to support its claim. Such a completion certificate shall be issued by Director (M&O) of BTCL upon completion of the relevant program(s).

E. Payment for Survey, Planning and Network Design Services

100% (One hundred percent) of the whole contract price for Survey, Planning and Network Design Services shall be paid by the bank upon submission by the contractor a “Successful Completion of Survey, Planning and Network Design Services Certificate” to support its claim. Such a certificate shall be issued by the Project Director upon completion of contractor’s contractual obligations for such services.

F. Payment for PAT & FAT Services100% (one hundred percent) of the PAT and FAT services of the contract price of concerned

sites shall be paid by the bank upon submission by the Contractor a “PAC” and “FAC” respectively to support his claim.

G. Release of FAC payment against Bank GuaranteePayment(s) against FAC shall be released by the bank upon submission of a Bank Guarantee of the same amount by the contractor after issuance of PAC. The bank guarantee shall be returned to the contractor after issuance of FAC.

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9.4 Title of Ownership of the Equipment

For all equipment covered by this purchase, the title of ownership shall be deemed to have been vested upon BTCL after such equipment have been loaded on board of any vessel for subsequent shipment to any port of entry in Bangladesh. BTCL will support BAEC with those equipment and BTCL is liable to support telecommunication services to BAEC through those equipment.

9.5 Storage of Materials

The Contractor shall be responsible for storage of all materials at his own cost and risk until successful completion of PAT. The Contractor may avail the storage spaces, if available, at different sites free of charge; but in all such cases the security responsibilities for the store and risks shall vest upon the Contractor.

9.6 Cut-over of the systems

The systems shall, generally, be put into commercial service after successful completion of the PAT. But BTCL shall reserve the right to put any or all portion of any or all systems to commercial service, under special circumstances, even if such portion(s) have not successfully passed the PAT. Under such circumstances, the Contractor shall not be relieved of his responsibilities of successful completion of the PAT for the relevant portion(s).

9.7 Documentation

The Contractor shall supply at least (but not limited to) the following documents before PAT of each station. All cost for those documents shall be quoted

i) As-built drawings for all relevant Equipment and technical details documentations : 2 sets per site

9.8 Installation Material

The Bidder shall quote for all installation material for equipment. The material shall include all type of local material necessary to be used during installation, self-testing and PAT functions All costs for materials shall be quoted and failure to quote shall be considered that the Bidder proposes to provide these material totally "free of charge" to BTCL.

9.9 Installation and Commissioning Services

The Contractor shall be responsible to provide all services related to installation, commissioning.

10 REQUIREMENTS OF USER CERTIFICATE FOR EQUIPMENT AND EXPERIENCE CERTIFICATE FOR BIDDER

10.1 The bidder will be required to submit User’s Certificate for 100G DWDM Optical Transmission Equipment.

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10.2 Quantitative and Qualitative aspects of user’s certificates1. User’s Certificates of satisfactory working record of the equipment, for at least 3(Three) years in at least 3(Three) countries excluding the Country of origin of the equipment.2. The above User’s Certificate shall be either in the form of Annexure-J of Book-1 or contains the similar information of these forms. Factory tests, Provisional Acceptance test, Laboratory Test and/or Pilot Project Test Certificates are not acceptable.3. All this certificate must contain the issue date, period of satisfactory operation (it should be sufficient to fulfill the requirement stated in Clause 2.2.1 and Clause 2.2.2), name and contact number of the issuing authority which will be in the letter head pad.4. The certificate issuing authority must be a Telecom Operator/Carrier of the respective Country. If a telecom operator/carrier operates telecom networks in more than one Country, then they may issue different user certificates from different countries where they operate.5. Such User Certificates shall be in English or originally in any other language accompanied by “legally authorized translation in English”. Certificates in any other language, but not accompanied by such translation, shall be disregarded.

10.3 Experience Requirement of the BidderThe bidder must have experience for completion of at least one work of supply, installation and commissioning of optical transmission equipment including DWDM equipment on turn-key basis or a composite project which includes supply, installation and commissioning of DWDM optical transmission equipment on turn-key basis, for Telecom Operator/Carrier of project value not less than BDT 2(Two) core (for composite project, the value of Optical Transmission & DWDM related part should be BDT 2(Two) core). Where Turn-key completion of the work means “a complete completion of supply, installation, testing & commissioning of equipment/materials included in the work under a purchase contract”. The bidder must provide Certificate from the relevant Operator/Carrier in support of such experience. From the submitted certificate, if it is not clear that the project includes any DWDM optical transmission system and the project has been completed on turn-key basis the certificate will not be acceptable to BTCL.10.4 BTCL shall have the right to examine the authenticity of issuance and contents of all those certificates. BTCL shall have the right to choose methods, timings and procedures of examining such authenticity. The procedure may include (but not limited to) among others, making direct contacts to relevant persons or gathering information from other sources like web sites, other web publishes, technical journals, newsletters of industry, professional or trade organizations etc.10.5 BTCL shall have the authority to contact the persons/ organizations issuing those certificates to ascertain the authenticity of any or all submitted certificates. The bidder shall keep informed the relevant contact persons about the possible contact by BTCL.10.6 If for any bidder, either the content or the source of any of the supplied certificate is found to be unauthentic, or if the issuing organization/ person refuse to certify the authenticity of any certificate, BTCL shall consider the bid to be "Substantially Non-Responsive" and shall not continue with further evaluation of the bid.If the submitted certificates do not meet the requirements of Clauses 2.2 (including sub-clauses) and 2.3 then the bid will be considered having “Change of Substance”.10.7 If the bidder has been identified as submitting any unauthentic certificate or document, that bidder may be declared by BTCL, as “not eligible” for participation in any subsequent procurement procedures of BTCL, either indefinitely or for a stated period of time.10.8 The bidder shall co-operate with BTCL for the works related to examination of the certificates. If proper co-operation is not obtained from the bidder, BTCL shall have the right to make its own conclusion.

10.9 Ban on quoting of product of Black Listed Bidder/Manufacturer:

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Bidder shall not quote any equipment or product of any Bidder/Manufacturer which is Black listed by BTCL(erstwhile BTTB) for any reasons irrespective of their Head Quarter/Divisional Head Quarter/Business Head Quarter/Country of origin etc.Any disagreement will be treated as “Change of substance”.10.10 Present Black Listed Bidder/Manufacturer are as follows:-a. M/S Gulf Bangladesh Associates Ltd., Rajuk Annexe Building, Dilkusha C/A, Dhaka, Bangladesh.b. M/S Marconi SPA Via A. Negrone IEA/16153 Geneva, Italy.(As per Letter No: DP//F-13/IT/87-88/476, Dated, Dhaka the 18-08-1994. Notice served in ‘THE DAILY TIMES’ on 29th August, 1994. Contract No.DP/F-13/IT/87-88 Dated 09.09.1989)

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Form ASUMMARY PRICE FOR THE BID

Sl. No. Name of the Item Total Price

BDTTotal PriceBDT

A. Price of Equipment, Materials/Goods

01 Total Price of DWDM Equipment & Materials of all stations (From Form B.1)

02 Total Price of NMS (From Form B.2)

03 Total Price of DC Power System (From Form B.3)

04Total Price of DWDM (ROADM, OADM) Equipment, Cards & Materials of all stations for existing BTCL equipment (From Form B.6)

05Total Price of Equipment & Materials (if any) not mentioned in BoQ but bidder feels necessary for successful completion of project (From Form B.4)

06 Total Price of Spares and Consumables (From Form D)

X Total FoB Price of Equipment and Materials of all stations (A01 ~ A06)

Y Total Freight (From Form B.5)

XX Total C&F Price of Equipment and Materials of all stations (X+Y)

Z Total Price of Local Transportation (From Form B.5 )

B Price of Services

01 Total Price of Services for DWDM Equipment of all stations (From Form B.1 and B.6)

02 Total Price of Service forNew NMS (From Form B.2)

03 Total Price of Service for DC Power system (from Form B.3)

04Total Price of Services (if any) not mentioned in BoQ but bidder feels necessary for successful completion of project (From Form B.4)

05 Total Price of Other Services Except Fright and Local Transportation (From Form B.5)

YY Total Price for Services of all stations’ equipment, materials and other services (B01 ~ B05)

Grand Total for Equipment, Materials and Services(XX+Z+YY)

In Words: BD Taka ................................................. only

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Form B.1SUMMARY PRICE FOR DWDM EQUIPMENT

Sl Name of Item Quantity Total PriceBDT

Total PriceBDT

A Price for DWDM Equipment and Related goods

01 Total Price of DWDM equipment/materials (ROADM/OADM) of all the stations (From Form C.1s)

X Sub-Total for DWDM Euipment and Materials

B Price for Services

01 Price of DWDM Equipment related Services for all the stations (From Form C.1s)

Y Sub-Total DWDM Equipment related services

Z Total for DWDM Equipment and Services (X+Y)

112

Form B.2SUMMARY PRICE FOR NETWORK MANAGEMENT SYSTEM EQUIPMENT

Sl Name of Item Quantity Total PriceBDT

Total PriceBDT

A. Total Price of NMS Hardware and Accessories (From Form C.2) 1 set

B. Total price of NMS Software (From Form C.2)

C. Total price of Portable Terminal for O&M of DWDM Equipment (From Form C.2) 1No

X. Total Price for NMS Equipment & Materials (A+B+C)

Y. Services for NMS 1 set

Installation & Testing Services for NMS

Z. Grand Total for NMS (X+Y)

Form B.3

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SUMMARY PRICE FOR DC POWER SYSTEM

Sl Name of Item Quantity Total PriceBDT

Total PriceBDT

A. Price of Rectifier Equipment & materials (from Form C.3)

B. Price of Battery materials (from Form C.3)

X. Total for DC Power system Equipment & materials (A+B+C)

C. Price of ServicesInstallation and Testing services for RectifierInstallation and Testing services for Battery

Y. Total for services of DC Power system

Z. Grand Total for Equipment and services of DC Power system (X+Y)

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Form B.4SUMMARY PRICE FOR EQUIPMENT/GOODS AND SERVICES (IF ANY) NOT MENTIONED IN THE BoD BUT THE BIDDER FILLS THEM NECESSARY FOR SUCCESSFUL IMPLEMENTATION OF THE PROJECT

Sl. No.

Name of the Item No./QtyUnit PriceBDT

Total PriceBDT

Unit PriceBDT

Total Price BDT

A Price for necessary Equipment/Goods (if any) not mentioned in the BoQTotal Price for necessary equipment/goods (if any) not mentioned in the BoQ(from Form C.4)

B Price for necessary Services (if any) not mentioned in the BoQTotal Price for necessary Services (if any) not mentioned in the BoQ(From Form C.4)

Total Price of necessary equipment/good and services (if any) not mentioned in the BoQ (A-B)

In Words: BD Taka .................. ................................................ only

Note: Bidder shall fill-up this Form only if he fills that some additional items (Equipment/Goods/ Service) are necessary for successful implementation of the Project and which he quoted in Form C.6. However, during evaluation the evaluation committee of BTCL will check/examine actual necessity of the system/equipment/ goods/services quoted by the bidder in this form. If any unsolicited or unnecessary system/ equipment/goods is/are quoted by the bidder in this form then the evaluation committee shall have the right to discard/deduct such unsolicited/unnecessary item(s) from the BoQ in order to determine the Evaluated price of the bid during evaluation.

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Form B.5PRICE SUMMARY FOR OTHER SERVICES

Sl Name of Item Total Price(BDT) Total Price(BDT)

A Total Price for Other services related to the whole system(from Form C.5)

01 Total Price for Maintenance Support up to end of Performance Guarantee Period

02 Total Price for Factory Test

03 Total Price for Factory Training

04 Total Price for Local Training

05 Total Price for Provisional Acceptance Test

06 Total Price for Final Acceptance Test

Sub - Total for A

B Total Price for Other Services related to Turn-Key completion of the Project (from Form C.5)

01. Total Price for Survey, Network Planning & Design Services, documentation

02 Project Implementation Administrative Services including Project Management

03. Total Price for Inter-working/Connection Services

Sub - Total for B

C Freight, insurance and Local transportation (from Form C.5)

01 Freight

02 Local Transportation

Sub - Total for C

Z Total for Other Services (A + B + C)

In Words: BD Taka .................. ................................................ only

Form B.6

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SUMMARY PRICE FOR DWDM EQUIPMENT

Sl Name of Item Quantity Total PriceBDT

Total PriceBDT

A Price for cards of DWDM Equipment and Related goods of existing equipment

01 Total Price of DWDM equipment/materials/cards of existing (ROADM/OADM) of all the stations (From Form C.1s)

X Sub-Total for DWDM Euipment and Materials

B Price for Services

01 Price of cards of existing DWDM Equipment related Services for all the stations (From Form C.1s)

Y Sub-Total cards of DWDM Equipment related services

Z Total for cards of existing DWDM Equipment and Services (X+Y)

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Form C.1.xDETAIL BoQ FOR DWDM Equipment (ROADM/FOADM/)for 3 (Three) Stations(Bidder shall fill up one such form for each station)Name of the site:

Sl Name of Item QuantityUnit PriceBDT

Total PriceBDT

Unit PriceBDT

Total PriceBDT

A Price for DWDM EquipmentThe Bidder shall show the detail BoQ of hardware and software as per his choice and shall satisfy all requirements specified in this tender documentSub-Total for DWDM Equipment

B

Price for ancillary materials such as rack, ODF, fan, power distribution panel for the equipment, cable tray (if necessary), cables, patch cord and other ancillariesThe Bidder shall show the detail BoQ as per his choice and shall satisfy all requirements specified in this tender documentSub-Total for ancillary materials such as rack, ODF, fan, power distribution panel for the equipment, printer, hub, cable tray(if necessary), cables, patch cord and other ancillaries

C Documentation

O&M Manual

As-built Drawing

X Sub-Total DWDM Equipment and Material including accessories (A+B+C)

F Price for Services

01 Installation Services

02 Testing/Commissioning Services

Y Sub - Total for Services (F01+F02)

Z Total for DWDM Equipment and service (X+Y)

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Form C.2DETAIL BoQ FOR NETWORK MANAGEMENT SYSTEM EQUIPMENT

Sl Name of Item Quantity Unit PriceBDT

Total PriceBDT

Unit PriceBDT

Total PriceBDT

A. Price of NMS Hardware 1 setThe Bidder shall show the detail BoQ of NMS hardware including the equipment and materials necessary for monitoring and controlling all the DWDM/ Nodes under the project from a central location at Dhaka as per his choice and shall satisfy all requirements specified in this tender documentSub-Total NMS Hardware

B. NMS SoftwareThe Bidder shall show the detail BoQ of NMS software as per his choice and shall satisfy all requirements specified in this tender documentSub-Total NMS Software

C. Portable Terminal for O&M of DWDM Equipment 1 set

The Bidder shall show the detail BoQ of Portable Terminals (Laptop Computers) including all the required Hardware and SoftwareSub-Total Portable Terminals

X. Total for NMS Equipment (A+B+C)

D. Services for NMSInstallation & Testing Services for NMS

Y. Total for NMS Services

Z. Grand Total for NMS (X+Y)

Note: the bidder should quote as per their requirement. It depends on the bidder whether they will bid to integrate or install new NMS.

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Form C.3DETAIL BoQ FOR DC POWER SYSTEM

Sl Name of Item QuantityUnit PriceBDT

Total PriceBDT

Unit PriceBDT

Total PriceBDT

A. Price of Rectifier materials of 3 sites 3 set

The Bidder shall show the detail BoQ of Rectifier Equipment and Materials as per his choice and shall satisfy all requirements specified in this tender document

Sub-Total Rectifier materials of 20 sites

B. Price of Battery materials of 3 sites 6 setThe Bidder shall show the detail BoQ of Battery Materials and accessories as per his choice and shall satisfy all requirements specified in this tender document

Sub-Total Battery materials of 20 sites

X. Total for DC Power system materials

D. Price of ServicesInstallation and Testing services for Rectifiers of 3 sites 3 set

Installation and Testing services for Battery of 3 sites 6 set

Y. Total for services of DC Power system

Z.Grand Total for Equipment and services of DC Power system (X+Y)

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Form C.4DETAIL QUATATION FOR EQUIPMENT/GOODS AND SERVICES (IF ANY) NOT MENTIONED IN THE BoQ BUT THE BIDDER FILLS THEM NECESSARY FOR SUCCESSFUL IMPLEMENTATION OF THE PROJECT

Sl. No. Name of the Item No./

QtyUnit PriceBDT

Total PriceBDT

Unit PriceBDT

Total Price BDT

A Detail Price for necessary Equipment/Goods (if any) not mentioned in the BoQPlease give detail break up of necessary equipment/goods not mentioned in the BoQ with mention of sites and mentioning appropriate reasonsTotal Price for necessary equipment/goods (if any) not mentioned in the BoQ

B Detail Price for necessary Services (if any) not mentioned in the BoQPlease give detail break up of necessary services not mentioned in the BoQ with mention of sites/links and mentioning the reasonsTotal Price for necessary Services (if any) not mentioned in the BoQ

Total Price of necessary equipment/good and services (if any) not mentioned in the BoQ (A-B)

Note: Bidder shall fill-up this Form only if he fills that some additional items which are not included in the other BoQ Forms (Equipment/Goods/ Service) are necessary for successful implementation of the Project. However, during evaluation the evaluation committee of BTCL will check/examine actual necessity of the system/equipment/ goods/services quoted by the bidder in this form. If any unsolicited or unnecessary system/ equipment/goods is/are quoted by the bidder in this form then the evaluation committee shall have the right to discard/deduct such unsolicited/unnecessary item(s) from the BoQ in order to determine the Evaluated price of the bid during evaluation.

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Form C.5DETAIL BoQ FOR OTHER SERVICES

Sl Name of Item QuantityUnit PriceBDT

Total PriceBDT

Unit PriceBDT

Total PriceBDT

A Other services related to the whole systemThe Bidder shall show the detail BoQ as per his choice and shall satisfy all requirements specified in this tender document

01 5 (Five) years Maintenance Support and one year guarantee period.

02 Factory Testing (3 person, 7 working days)Please give detail break-up to satisfy the requirements of the tender document

03 Factory Training (8 person, 15 working days)Please give detail break-up to satisfy the requirements of the tender document

04 Local Training (10 persons, 15 working days)Please give detail break-up to satisfy the requirements of the tender document

05 Provisional Acceptance Test

06 Final Acceptance Test

Sub – Total for A

B Other Services related to Turn-Key completion of the ProjectThe Bidder shall show the detail BoQ as per his choice and shall satisfy all requirements specified in this tender document

01 Total Price for Survey, Network Planning & Design Services

02Total Price for Project Implementation Administrative Services including Project Management

03 Total Price for Inter-working/Connection ServicesSub – Total for B

C Freight and Local transportationThe Bidder shall show the detail BoQ as per his choice and shall satisfy all requirements specified in this tender document

01 Total Price for Freight

02 Total Price for Local Transportation

Sub – Total for C

Z Total for Other Services (A + B + C)

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Form C.6DETAIL BoQ FOR existing DWDM Equipment (ROADM/OADM)(Bidder shall fill up one such form for each station)Name of the site:

Sl Name of Item QuantityUnit PriceBDT

Total PriceBDT

Unit PriceBDT

Total PriceBDT

A Price for cards of existing DWDM EquipmentThe Bidder shall show the detail BoQ of hardware and software as per his choice and shall satisfy all requirements specified in this tender documentSub-Total for cards of DWDM Equipment

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Form DDETAIL QUOTATION FOR SPARES AND CONSUMABLES

Sl. No.

Name of the Item No./Qty

Unit PriceBDT

Total PriceBDT

Unit PriceBDT

Total Price BDT

A Spares of the DWDM equipment and NMS for three years after the end of guarantee periodBidder shall give detail break up as per his choice to fulfill the requirements of the tender document.Sub-Total DWDM system spares (3yrs. after guarantee period)

B. Spares of the Rectifier, Battery and Inverter equipment for three years after the end of guarantee periodBidder shall give detail break up as per his choice to fulfill the requirements of the tender document.Sub-Total Power system spares (3yrs. after guarantee period)

C. Spares of the DWDM equipment and NMS for two years guarantee periodBidder shall give detail break up as per his choice to fulfill the requirements of the tender document.Sub-Total DWDM system spares (during 2yrs. guarantee period)

D. Spares of the Rectifier, Battery and Inverter equipment for two years during the guarantee periodBidder shall give detail break up as per his choice to fulfill the requirements of the tender document.Sub-Total Power system spares (during 2yrs. guarantee period)

E Consumables for the DWDM systems for two years guarantee periodBidder shall give detail break up as per his choice to fulfill the requirements of the tender document.Sub-Total DWDM systems consumables during 2yrs. guarantee period

Grand Total for Spares and Consumables (A~E)

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Form EQUOTATION FOR FUTURE ORDER

(a) Future Order Formula for Equipment:

i. Card repair and Return

ii. Supply of spares

Future Order Formula for Service:Return travel ticketAccommodationDaily allowanceOthers (Please specify)

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Form FMANUFACTURING INFORMATION OF EQUIPMENT AND ACCESSORIES

Sl Name of ItemModel Number & Name

Manufacturer’s Name

Manufacturer’s Address

Country of Origin

1DWDM Equipment and Associated Auxiliary Goods

2 NMS System Hardware

3 NMS System Software

4 Rectifier system

5 Battery

6 Air Conditioner

7 ODF

8 Notebook PC (Laptop)

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Form GQuotation for Optional Equipment/Materials/Services

Sl. No.

Name of the Item No./Qty

Unit PriceBDT

Total PriceBDT

Unit PriceBDT

Total Price BDT

A Subsequent Annual Maintenance Support ServiceBidder shall give detail break up as per his choice to fulfill the requirements of the tender document.Sub-Total Subsequent Annual Maintenance Support

Note: Bidders may include any item in the list if they feel necessary.

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Section 10. Network Diagram

ANNEX-1.1

Optical Fiber Loss per Km is 0.35 dB

128

ROADM Site and/or Traffic / λ Add/ Dropping Site New

Proposed Network Diagram for 4 Tier Data Center

Moghbazar

SBN

Mirpur

Agargaon PGCB

Uttara

PGCB OFC

BTCL OFC

KaliakoirPGCB

SavarHightech Park

BCC

OFC Need to Lay

ODF

21 km43km

7 km

3 km

2 km 35 km

6 km8 km

41 km

32 km

Gulshan

Cantonment

Present Service Demands

Sl. No Service Req Dhaka (Mogh) BCC (Agargaon)

Hightec Park ( Kaliakair)

Severity

1 20 x 1 Gbps/GbE Critical2 4 x 10 Gbps/GbE Critical3 1 x 40 Gbps/GbE Critical

4 20 x 1 Gbps/GbE Critical5 4 x 10 Gbps/GbE Critical6 1 x 40 Gbps/GbE Critical

7 1 x 40 Gbps/GbE Critical

Annex 1.2

129

Final Service Demands

Sl. No Service Req Dhaka (Mogh) BCC (Agargaon)

Hightec Park ( Kaliakair)

Severity

1 20 x 1 Gbps/GbE Critical2 10 x 10 Gbps/GbE Critical3 2 x 40 Gbps/GbE Critical

4 20 x 1 Gbps/GbE Critical5 10 x 10 Gbps/GbE Critical6 2 x 40 Gbps/GbE Critical

7 2 x 40 Gbps/GbE Critical

8 2 x 100 Gbps/GbE Critical9 2 x 100 Gbps/GbE Critical

10 2 x 100 Gbps/GbE Critical

Annex 1.3

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ANNEX-A

BID FORWARDING

(LETTER HEAD OF THE BIDDER)

Our Ref : Date :

To

The Director procurement Bangladesh Telecommunications Company Limited (BTCL)Telephone Revenue Bhaban, Sher-e-Bangla Nagar, Dhaka-1207Telephone: 02-58150500 Fax No: 02 - 58150511e-mail address: dirprcmt@btcl.com.bd

Subject: Submission of the Bid Proposal.

Having examined the Bidding Documents including all its annexure, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to SUPPLY, INSTALLATION, TESTING, COMMISSIONING AND PROCUREMENT OF NECESSARY OTN(Optical Transmission Node) EQUIPMENT FOR 4 TIER DATA CENTER at Hightech Park (Kalikoir) ON TURN-KEY BASIS.(PART-B, EQUIPMENT PART)in conformity with the said bidding documents of this bid.

1. We, attach herewith a sum of Bangladesh Taka ............as Bid Security (earnest money) in the form of Bank Guarantee/ Bank Draft/ Pay Order (cross out irrelevant part) from....……….……………………………………………………, of ……………………………… ……..……………………………, Bangladesh. This Bid Security shall be valid for a period of ………(……………..) calendar days after the date fixed for bid opening.

2. We declare that, we abide by all clauses of this bid and whether our bid is accepted or not, this bid shall be valid for a period of ……. (……………………) calendar days from the date fixed for bid opening and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

3. We declare that, our bid price Bangladesh Taka........................... (...................................................) only and in accordance with the Schedule of Prices attached herewith and made part of this bid.

4 We undertake, if our bid is accepted, we will complete the commercial launching of the proposed Transmission facilities within....... (......…………..) months calculated from the date of Effective Date of the Contract (EDC).

5. We declare that, we have no previous experience/ ………. (…………….) numbers (cross out irrelevant words) of previous experience for turn-key completion of similar WiFi BTS and Core Network equipment (list attached).

6. We declare that, our offered Transmission equipment are in commercial operation in .......(.........) Nos. of countries for at least ...... years(list attached).

7. We declare that, we have completed the Form A, Form B.1-B.4, Form C.1-C.4, Form D.1, Form E and Form Fas per requirement of the tender.

131

8. We declare that, if our bid is accepted we will obtain the Guarantee of a bank in a sum not less than 10% (ten percent) of the total evaluated price of our financial offer from any recognized bank of Bangladesh in the format as per Form PG4-9.

9. We declare that, for all purposes related this tender bid, we shall be represented in Bangladesh by our own office/ by M/S …………………………………………….……… of ………………………….………………………., Dhaka, Bangladesh as our country representative/ local agent (cross out irrelevant words and fill-up if necessary).

Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof and your notification of award, shall constitute a binding contract between us and BTCL.

We understand that you are not bound to accept the lowest or any bid you may receive.

Dated ................... day of ....................... 201_.

Signature & Seal

132

ANNEX-B

(LETTER HEAD OF THE BIDDER)

DECLARATION ON OBSERVANCE OF ETHICS

Whereas, We, M/s. .................................................................... are submitting our bid in response to BTCL's tender notice No. ………………………………, Dated …………………… for SUPPLY, INSTALLATION, TESTING, COMMISSIONING AND PROCUREMENT OF NECESSARY OTN(Optical Transmission Node) EQUIPMENT FOR 4 TIER DATA CENTER at Hightech Park (Kalikoir) ON TURN-KEY BASIS.(PART-B, EQUIPMENT PART)and we hereby pledge that we shall not be engaged in :

a corrupt practice, which shall mean giving or promising to give, directly or indirectly, to any officer or employee of a procuring entity or other governmental/private authority or individual a gratuity in any form, an employment or any other thing or service of value, as an inducement with respect to an act or decision of, or method followed by, a procuring entity in connection with the procurement proceedings or contract execution;

a fraudulent practice which shall mean a misrepresentation or omission of facts in order to influence the procurement proceedings or the execution of the contract;

a collusive practice, which shall mean a scheme or arrangement between two or more tenderers, with or without the knowledge of the procuring entity, designed to rig tender prices thereby denying a procuring entity from the benefits of genuine competition; and

a coercive practice, which shall mean harming or threatening to harm, directly or indirectly, persons or their property to influence the procurement proceedings, or affect the execution of a contract.

Signature and seal

Dated _____________________________ Day of ___________________ 201____

Duly authorized to sign for and on behalf of M/s. ___________________________

133

ANNEX-D

(LETTER HEAD OF THE BIDDER)

DECLARATION OF JOINT LIABILITY

(Required only if the bid is submitted by a Joint Venture Consortium Association)

We, M/s ...............................(name and address of the members of the Joint Venture Consortium or Association) .., are submitting our bid in response to BTCL's tender notice No. ----------------------- SUPPLY, INSTALLATION, TESTING, COMMISSIONING AND PROCUREMENT OF NECESSARY OTN(Optical Transmission Node) EQUIPMENT FOR 4 TIER DATA CENTER at Hightech Park (Kalikoir) ON TURN-KEY BASIS.(PART-B, EQUIPMENT PART)

” and in order to fulfill the obligations stated in tender document and regulation of the Public Procurement Act 2008, we hereby declare our liabilities as follows :

..............(name and address of the lead company)......shall represent us for all purposes related to this procurement proceedings.All partners of the Joint Venture Consortium/Association shall be jointly and severally liable for the execution of the contract.we shall be liable to share the penalty or loss thereof as per our shares in the joint venture companyWe shall not assign the contractor to any other party or parties.We may appoint sub-contractors (if any) shall not absolve us from any of the responsibilities or liabilities due to us.

Signature and seal(Members of the Joint VentureConsortium or Association)

Date Day of 201..

134

ANNEX-E.1

BOND FOR SPARES

Whereas, we, ………………………………………………………………………….., are submitting our bid forSUPPLY, INSTALLATION, TESTING, COMMISSIONING AND PROCUREMENT OF NECESSARY OTN(Optical Transmission Node) EQUIPMENT FOR 4 TIER DATA CENTER at Hightech Park (Kalikoir) ON TURN-KEY BASIS.(PART-B, EQUIPMENT PART)and whereas we understand that as per relevant clause of the said tender document BTCL is in need of 3(three) years spares to be quoted in main offer, we enclose a list of such spares with our bid offer.

As per tender condition, if our offer is accepted, we hereby submit our guarantee that the supplied spares will be sufficient to run the system for initial 3(three) years from the date of end of guarantee period.

We also guarantee that the flow and availability of all spare parts and units without major design change for at least 8(eight) years after the expiry of Warranty period and that, if there is any major design change or stoppage of production, we will bear all costs related to provisions of alternate solutions.

Signature and seal

Dated___________________________ Day of ____________________ 201 ______.

Duly authorized to sign for and on behalf of _______________________________

135

ANNEX-E.2

BOND FOR EXPANSION GUARANTEE

Whereas, we, ...................................., are submitting our bid for SUPPLY, INSTALLATION, TESTING, COMMISSIONING AND PROCUREMENT OF NECESSARY OTN(Optical Transmission Node) EQUIPMENT FOR 4 TIER DATA CENTER at Hightech Park (Kalikoir) ON TURN-KEY BASIS.(PART-B, EQUIPMENT PART)and whereas we understand that as per tender condition, if our offer is accepted, we hereby submit our guarantee for the flow and availability of all equipment, materials and services required for any subsequent expansion of its offered equipment for at least 8(eight) years after the expiry of warranty of the system. If there is any major design change or stoppage of production, the bidder shall bear all the costs related to provision of alternate solutions.

Signature and seal

Dated Day of 201__

Duly authorised to sign for and on behalf of

136

ANNEX-F

LIST OF ATTACHED CERTIFICATES(Only the certificates listed here will be considered for Bid evaluation)

Sl Subject of Certificate Details of Issuing Authority

Name of the Operator & Address &Website

Tel number& Fax Number

Contact person who can speak English (name, designation, phone &fax number, e-mail)

137

ANNEX-G

SCHEDULE OF COMPLIANCE

Clause No ItemBidder's Response

Reference in Bid document* Remarks

Agreed/ Not Agreed

* The column “Reference in Bid document” may be expanded/furnished as per the convenience of the bidder.

138

ANNEX-I

Form DQuotation for on Demand Maintenance Assistance (Optional Items)

SL No Item Unit Unit Price(BDT)

Note-1: Quotation for the items mentioned in this form is mandatory, but prices quoted in this form will not be considered for financial evaluation.

Note-2: Bidders may include other items in the list if they feel necessary.

139

FORMATLOGO

[Insert Full Contact Details of the Procuring Entity]

CONTRACT AMENDMENT

Contract No.

Amendment No.

Approval Reference No.

Contract No. [insert number/year] by and between the [insert Procuring Entity’s name] and [insert Supplier’s legal title] for the contract named [insert name of the Goods and related services] is amended as follows:

1. GCC Clause [insert clause no], is hereby revised as _____

2. GCC Clause [insert clause no], is hereby revised as _________________________________________________________________

and so on .

The effective date of this Amendment is [insert effective date] or upon execution whichever is later.

ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT

THIS AMENDMENT,consisting of [insert number] page(s) and [insert number] attachment(s), is executed by the persons signing below who warrant that they have the authority to execute this Amendment under the original Contract.

IN WITNESS WHEREOF, the Procuring Entity and the Supplier have signed this Amendment.

[Supplier’s Authorized Signatory] [Procuring Entity’s Authorized Signatory]

Signature Signature

Title Date Title Date

140

FORMAT LOGO

[Insert Full Contact Details of Issuing Authority]

Office Memo no: _________ Date: _________ACCEPTANCE CERTIFICATE

01 Procuring Entity Details (a) Division : (b) Circle/Directorate : (c) Zone/Region : (d) Others (specify) :

02 Name of Supply :03 Contract No :04 Supplier’s Legal Title :05 Supplier’s Contact Details :06 Supplier’s Trade

License/Enlistment/Registration Details:

07 Reference to NOA with Date :08 Original Contract Price as in NOA :09 Final Contract Price as Delivered :10 Original Contract Period

(a) Date of Commencement :(b) Date of Completion :

11 Actual Delivery Period(a) Date of Actual Commencement :(b) Date of Actual Completion :

12 Days/Months Delivery Period Extended :13 Amount of LD for Delayed Delivery :14 Special Note (if any) :

Certified that the Goods and related services under the Contract has been deliveredand completed in all respects in strict compliance with the provisions of the Contract including all plans, designs, drawings, specifications and all modifications thereof as per direction and satisfaction of the Procuring Entity/Engineer-in Charge/Other (specify). All defects in the Goods reported during inspection and tests have been duly rectified or replaced.

_________________________________________________Name and Signature of the IssuingAuthority with Designation

please turn over

141

Details of Delivery Completed

Supplier: [insert legal title]No Major Items of Delivery Total Value

(in Contract Currency)

Note: Figures shown must correspond to Total Value

Sub-contractor[delete, if not appropriate]

Sub-contractor: [insert legal title]

No Items/Activities [reference drawn to Sub-contractor

Information]

Value (in Contract Currency)

_________________________________________________Name and Signature of the IssuingAuthority with Designation

142

Invitation for Tenders[This is the website format and as used for published advertisement.

It is included in this document for information only]GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH

1 Ministry/Division < select > V2 Agency < select > V3 Procuring Entity Name < type in name >4 Procuring Entity Code Not used at present5 Procuring Entity District < select > V6 Invitation for < select > V < select > V < select > V7 Invitation Ref No < type in name >8 Date <select > V

KEY INFORMATION9 Procurement Method < select > V < select > VFUNDING INFORMATION10 Budget and Source of Funds < select > V11 DevelopmentPartners (if applicable) < type in name >PARTICULAR INFORMATION12 Project / Programme Code (if applicable) < use MOF code >13 Project / Programme Name (if

applicable)< use MOF name >

14 Tender Package No. < type in name >15 Tender Package Name < type in name >

Date16 Tender Publication Date < select > V17 Tender Last Selling Date

[up to the day prior to the day of deadline for Submission]

< select > V

Date Time18 Tender Closing Date and Time < select > V < select > V19 Tender Opening Date and Time < select > V < select > V20 Name & Address of the office(s) Address

- Selling Tender Document (Principal) < type in name >- Selling Tender Document (Others) < type in name >

NO CONDITIONS APPLY FOR SALE, PURCHASE OR DISTRIBUTION OF TENDER DOCUMENTS

- Receiving Tender Document < type in name >- Opening Tender Document < type in name >

21 Place / Date / Time of < type in name >Pre-Tender Meeting (Optional) Date Time

< select > V < select > V

INFORMATION FOR TENDERER

143

22 Brief Eligibility and Qualification of Tenderer < type in name >23 Brief Description of Goods < type in name >24 Brief Description of Related Services < type in name >

25 Price of Tender Document (Tk) < type in price >

Lot No

Identification of Lot Location Tender Security

Amount (Tk)

Completion Time in

Weeks / Months

26 1 < type in name > < type in name > <type in> <type in>

27 2 < type in name > < type in name > <type in> <type in>

28 3 < type in name > < type in name > <type in> <type in>

29 4 < type in name > < type in name > <type in> <type in>

30 Name of Official Inviting Tender < type in name >

31 Designation of Official Inviting Tender < type in name >

32 Address of Official Inviting Tender < type in name >

33 Contact details of Official Inviting Tender < Tel. No. > < Fax No. > < e-mail >

34 The Procuring Entity reserves the right to reject all Tenders or annul the Tender proceedings

<select> : these fields are “pop-up” fields and the procuring entity will only have to select the correct name, address or date in order to complete the form.

<type in name> : these fields are to be completed by typing in the relevant data.

144