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Tender for OCRD at M'sing and Sylhet District for 1000 Union Project i

Project Director

Optical Fiber Cable Network Development in 1000 Union Parishad.

Telejogajog Bhaban, 37/E Eskaton Garden, Dhaka-1000.

T E N D E R D O C U M E N T

FOR THE PROCUREMENT OF

Detail Optical Fiber Cable Route Diagram at Upazila to Upazila to

Union, union to union of greater Mymensing and Sylhet District.

Invitation for Tender No: TUOP/GM/OFC Route Diagram/10/2013-14/2

dated: 19/11/2013

Tender Package No: PS(W5)/2013-14/01

Tender for OCRD at M'sing and Sylhet District for 1000 Union Project ii

Table of Contents

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

1. Scope of Tender .................................................................................................................... 1

2. Source of Funds .................................................................................................................... 1

3. Corrupt Fraudulent Collusive or Coercive Practices .............................................................. 1

4. Eligible Tenderers .................................................................................................................. 2

5. Site Visit ................................................................................................................................. 3

B. Tender Document ........................................................................................................................ 3

6. Tender: Document Sections .................................................................................................. 3

7. Tender Document: Clarification ............................................................................................. 3

8. Tender Document: Amendment ............................................................................................. 4

C. Tender Preparation ..................................................................................................................... 4

9. Tender: Only one ................................................................................................................... 4

10. Tender: Preparation Costs ..................................................................................................... 4

11. Tender: Language ................................................................................................................. 4

12. Tender: Contents of Tender ................................................................................................... 4

13. Tender: Alternative ................................................................................................................ 4

14. Tender: Prices and Currency ................................................................................................. 4

15. Tender: Validity and Security ................................................................................................. 5

16. Tender: Format and Signing .................................................................................................. 5

D. Tender Submission ..................................................................................................................... 6

17. Tender: Sealing and Marking ................................................................................................. 6

18. Tender: Submission Deadline ................................................................................................ 6

19. Tender: Submitted Late ......................................................................................................... 7

20. Tender: Modification, Substitution or Withdrawal ................................................................... 7 E. Tender Opening and Evaluation ................................................................................................ 7

21. Tender: Opening .................................................................................................................... 7

22. Tender: Confidentiality ........................................................................................................... 8

23. Tender: Clarification ............................................................................................................... 8

24. Tenderer: Contacting the Employer ....................................................................................... 8

25. Tender: Responsiveness ....................................................................................................... 8

26. Tender: Non Conformities, Errors and Omissions ................................................................. 9

27. Tender: Evaluation and Comparison of Tenders ................................................................... 9

28. Tender: No Negotiation .......................................................................................................... 9

29. Tenders: Employer’s Right to Accept or Reject any or all ...................................................... 9 F. Contract Award .......................................................................................................................... 10

30. Award Criteria ...................................................................................................................... 10

31. Notification of Award ............................................................................................................ 10

32. Performance Security .......................................................................................................... 10

33. Contract Signing .................................................................................................................. 10

34. Tenderer’s Right to Complain .............................................................................................. 10

Section 2. Tender Data Sheet .......................................................................... 12 A. General ................................................................................................................................ 12

B. Tender Document ................................................................................................................ 13

C. Preparation of Tenders ........................................................................................................ 13

D. Submission of Tenders ........................................................................................................ 13

E. Tender Opening and Evaluation .......................................................................................... 14

F. Award of Contract ................................................................................................................ 14

Section 3. General Conditions of Contract ................................................ 16 1. Definitions ............................................................................................................................ 16

2. Interpretation & Documents forming the Contract ................................................................ 16

3. Corrupt, Fraudulent, Collusive or Coercive Practices .......................................................... 17

4. Governing Language and Law ............................................................................................. 18

5. Engineer’s Decision ............................................................................................................. 18

6. Delegation............................................................................................................................ 18

7. Communications and Notices .............................................................................................. 19

8. Sub- Contracting & Assigning .............................................................................................. 19

9. Documents, Information. ...................................................................................................... 19

10. Commencement of Works ................................................................................................... 19

11. Payments and Currency ...................................................................................................... 19

12. Performance Security .......................................................................................................... 19

Tender for OCRD at M'sing and Sylhet District for 1000 Union Project iii

13. Termination .......................................................................................................................... 20

14. Release from Performance .................................................................................................. 21

15. Settlement of Disputes ......................................................................................................... 21

Section 4. Particular Conditions of Contract ............................................ 26

Section 5. Tender and Contract Forms ...................................................... 27 Tender Submission Sheet (Form W-1) ............................................................................................ 28

Tenderer Information Sheet (Form W-2) .......................................................................................... 25

Bank Guarantee for Tender Security (Form W-3) ............................................................................ 27

Notification of Award (Form W-4)..................................................................................................... 28

Contract Agreement (Form W-5) ..................................................................................................... 29

Bank Guarantee for Performance Security (Form W-6) ................................................................... 34

Section 6. Schedule of Works including Technical Specifications ......... 31

Section 7. Drawing ...................................................................................... 31

Section 8. Detail description, special conditions of contract etc. ............................ 34

Annex-1. List of Upazillas and Unions (Total 173 Unions) .................................. 37

Tender for OCRD at M'sing and Sylhet District for 1000 Union Project iv

Bangladesh Telecommunications Company Limited. Office of the Project Director/General Manager

Project for Optical Fiber Cable Network Development in 1000 Union Parishad

37/E Eskaton Garden, Dhaka-1000, 6th Floor

Invitation for Tenders (TUOP/GM/OFC Route Diagram/10/2013-14/2 dated: 19/11/2013)

1 Ministry/Division Ministry of Post & Telecommunications

2 Agency Bangladesh Telecommunications Company Limited

3 Procuring Entity Name Project Director, Optical Fiber Cable Network

Development in 1000 Union Parishad, BTCL.

4 Procuring Entity Code

5 Procuring Entity District Dhaka

6 Invitation for Tender Works Single Lot

7 Invitation Ref No. TUOP/GM/OFC Route Diagram/10/2013-14/2

8 Date 19/11/2013

KEY INFORMATION

9 Procurement Method NCT Open tendering Method(OTM)

FUNDING INFORMATION

10 Budget and Source of Funds GoB

11 Development Partners (if applicable) None

PARTICULAR INFORMATION

12 Project / Programme Code 7030

13 Project / Programme Name Optical Fiber Cable Network Development in 1000

Union Parishad

14 Tender Package No. PS(W5)/2013-14/01

15 Tender Package Name Detail Optical Fiber Cable Route Diagram at Upazila

to Union, Union to Union of greater Mymensing and

Sylhet District. 16 Tender Publication Date on or before 21/11/2013

17 Tender Last Selling Date 08/12/2013

18 Tender Closing Date and Time 09/12/2013 upto 11:30 AM

19 Tender Opening Date and Time 09/12/2013 at 02:00 PM

20 Name & Address of the office(s)

- Selling Tender Document (Principal) Office of the Project Director, Room no-715, Optical

Fiber Cable Network Development in 1000 Union

Parisha, BTCL, 37/E Eskaton Garden, Telejogajog

Bhaban, Dhaka.

- Selling Tender Document (Others) none

- Receiving Tender Document (1) Office of the Project Director, Room no-715,

Optical Fiber Cable Network Development in 1000

Union Parishad, BTCL, 37/E Eskaton Garden,

Telejogajog Bhaban, Dhaka.

(2) Office of the Divisional Commisioner,

Segunbagica, 1st 11th stioried Building, Dhaka.

- Opening Tender Document

21 Place Office of the Project Director, Room no-715, Optical

Fiber Cable Network Development in 1000 Union

Parisha, BTCL, 37/E Eskaton Garden, Telejogajog

Bhaban, Dhaka.

‡`k I gvby‡li †mevq

Tender for OCRD at M'sing and Sylhet District for 1000 Union Project v

Pre-Tender Meeting None

INFORMATION FOR TENDERER

22 Eligibility of Tenderer : All national Eligible bidders having experience and

other requirements as per conditions of tender

document.

23

Brief Description of Goods or Works Providing Key-map, drawing, design along with

optical connectivity, with all sorts of dimensions/

distances (i) important buildings/installations nearby

the cable routes, (ii) Kaccha Road, Paccha road, Semi

Paccha road, (iii) HDD requirement at crossing at

rail/bridge/Culvert/at places where trenching not

possible, (iv) requirement of hand-holes, Joint cages

etc, Bill of quantity(BoQ) , Detail Optical Cable Route

Diagram etc.

24 Brief Description of Related Services Documentation in hard and soft copies, verification

etc.

25 Price of Tender Document (Tk) Tk. 3,000/- (Three thousand Taka) (non-refundable)

26 Lot No Identification of Lot Location Tender

Security

Amount (Tk)

Completion

time

(months)

1. Single lot 173 Unions of greater

Mymensing and

Sylhet District

70,000.00

(Seventy

Thousand)

45 days

PROCURING ENTITY DETAILS

27 Name of Official Inviting Tender Md. Kabir Hossain Bhuiyan

28 Designation of Official Inviting Tender Project Director, Optical Fiber Cable Network

Development in 1000 Union Parishad.

29 Address of Official Inviting Tender Telejogajog Bhaban, 37/E Eskaton Garden, Dhaka-

1000, 6th Floor, Room No-724.

30 Contact details of Official Inviting

Tender

9320263 9320040

31 The procuring entity reserves the right to accept or reject all tenders.

(Md. Kabir Hossain Bhuiyan)

Project Director/General Manager

Optical Fiber Cable Network Development

in 1000 Union Parishad.

Tender for OCRD for M'sing and Sylhet Districtunder 1000 Union Project 1

Section 1: Instructions to Tenderers

A. General

1. Scope of Tender

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

1.2 The successful Tenderer will be required to complete the Works within the Time for Completion stated in the Particular Conditions of Contract (PCC).

1.3 Throughout this Tender Document:

(a) the term “in writing” means communicated in written form with proof of receipt;

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

(c) “day” means calendar day.

2. Source of Funds

2.1 The Employer has been allocated public funds 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

2.2 For the purpose of this provision, “public funds” means any monetary resources appropriated to procuring entities under Government budget, or revenues generated by statutory bodies and corporations, or aid grants and credits put at the disposal of procuring entities by the development partners through the Government.

2.3 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.

3. Corrupt Fraudulent Collusive or Coercive Practices

3.1 The Government requires that Employers, as well as Tenderers and Contractors shall observe the highest standard of ethics during the implementation of procurement proceedings and the execution of Contracts under public funds


3.2 In pursuance of this requirement, the Employer shall

(a) exclude the Tenderer from participation in the procurement proceeding concerned or reject a proposal for award; and

(b) declare a Tenderer ineligible, either indefinitely or for a stated period of time, from participation in procurement proceedings under public funds;

if it, at any time, determines that the Tenderer has engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a Contract under public funds.

3.3 Should any corrupt, fraudulent, collusive or coercive practice of any kind come to the knowledge of the Employer, it shall, in the first place, allow the Tenderer/Contractor to provide an explanation and shall, take actions as above only when a satisfactory explanation is not received.

3.4 The Government defines, for the purposes of this provision, the terms set forth below as follows:

(a) “corrupt practice” means offering, 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 proceeding;

(b) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a procurement proceeding or the execution of a Contract to the detriment of the Employer;

(c) “collusive practice” means a scheme or arrangement among two and more Tenderers with or without the knowledge of the Employer (prior to or after Tender submission) designed to establish Tender prices at artificial, non-competitive levels and to deprive the Employer of the benefits of free, open andgenuine competition; and

(d) “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence the procurement proceedings, or affect the execution of a Contract.

3.5 The Tenderer shall be aware of the provisions on fraud and corruption stated in GCC Clause 3 and GCC Sub-Clause 34.2(d).

3.6 The Government requires that the Employer’s personnel have an equal obligation not to solicit, ask for and/or use coercive methods to obtain personal benefits in connection with the said proceedings.

4. Eligible 4.1 Tenderers of the categories specified in the TDSare eligible to participate in the Tender.


Tenderers 4.2 A Government-owned enterprise in Bangladesh may 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 Employer.

4.3 For Restricted Tendering method, Tenderers shall provide satisfactory information to the Employer of their capability and adequacy of resources to carry out the Contract effectively as defined in the Tender Document.

4.4 When there are no enlisted contractors of the Employer to enable the use of the Restricted Tendering method, and the Employer shall invite Tender using the Open Tendering Method (National Competitive Tendering), the Tenderers shall provide satisfactory information to the Employer of their capability and adequacy of resources to carry out the Contract effectively and shall meet the following minimum qualifying criteria:

(a) experience as prime Contractor or subcontractor in the construction of at least the number of completed Contracts stated in the TDS of a nature and complexity similar to the proposed work over the period stated in the TDS;

5. Site Visit 5.1 The Tenderer, at the Tenderer’s own responsibility and risk, is encouraged to visit and examine the Site and obtain all information that may be necessary for preparing the Tender and entering into a Contract for performance of the Works. The costs of visiting the Site shall be at the Tenderer’s own expense.

B. Tender Document

6. Tender: Document Sections

6.1 The sections comprising the Tender Document are listed below and should be read in conjunction with any Amendment issued in accordance with ITT Clause 9:

Section 1: Instructions to Tenderers Section 2: Tender Data Sheet Section 3: General Conditions of Contract Section 4: Particular Conditions of Contract Section 5: Tender and Contract Forms Section 6: Schedule of Works & Technical Specifications Section 7: Drawings

7. Tender Document: Clarification

7.1 A prospective Tenderer requiring any clarification of the Tender Document shall contact the Employer in writingat the Employer’s address indicated in the TDS. The Employer will respond in writing to any request for clarification received no later than seven (7) calendar days prior to the deadline for submission of Tenders.

7.2 The pur 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.


7.3 Should the Employer deem it necessary to amend the Tender

Document as a result of a clarification, it shall do so following the procedure under ITT Clause 8 and ITT Sub-Clause 18.3

8. Tender Document: Amendment

8.1 At any time prior to the deadline for submission of Tenders, the Employer for any reason, on its own initiative or in response to a clarification request in writing from a Tenderer, having purchased the Tender Document, may amend the Tender Document by issuing an amendment.

8.2 Any amendment issued shall become an integral part of the Tender Document and shall be communicated in writing to all those who have purchased the Tender Document.

C. Tender Preparation

9. Tender: Only one

9.1 A Tenderer shall submit only one (1) Tender for each lot. A Tenderer who submits or participates in more than one (1) Tender will cause all the Tenders with that Tenderers participation to be rejected.

10. Tender: Preparation Costs

10.1 The Tenderer shall bear all costs associated with the preparation and submission of its Tender, and the Employer shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Tendering process.

11. Tender: Language

11.1 The Tender, as well as all correspondence and documents relating to the Tender shall be written in the English or Bangla language.

12. Tender: Contents of Tender

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

(a) the Tender Submission Sheet (Form W-1);

(b) the completed Schedule of Works including Technical Specifications (section 6);

(c) the Tender Security in accordance with ITT Sub-Clause 15.2;

(d) the documentary evidence in accordance with ITT Sub-Clause 4.4 establishing Tenderer’s eligibility to Tender, including the completed Tender Information Sheet (Form W-2); and

(e) any other documents as specified in the TDS.

13. Tender: Alternative

13.1 Alternative tenders shall not be considered.

14. Tender: 14.1 All prices shall be quoted in Bangladesh Taka.


Prices and Currency 14.2 The Tender price shall take into account the cost of materials,

transportation, labour, taxes, levies, overheads and profit. The Tender price shall be fixed for the duration of performance of the Contract and shall not be subject to any adjustment on any account. The Tender price shall be applicable for the whole works described in the Drawings, Specifications and Schedule of Works.

14.3 The Tenderer shall fill in rates and prices for all items of the Works described in the Schedule of Works. If any tenderer does not quote price for the whole of the work under capacity of the tender, his offer may be treated as non-responsive, if not the employer decides otherwise.

14.4 The price to be quoted in the Tender Submission Sheet shall be the total price of the Tender, excluding any discounts offered. In the case of a discrepancy between the Tender Price quoted in figures and words the Tender Price quoted in words shall prevail.

15. Tender: Validity and Security

15.1 Tenders shall remain valid for the period specified in the TDS after the date of Tender submission prescribed by the Employer, pursuant to ITT Clause 18. A Tender valid for a shorter period shall be rejected by the Employer as non-responsive.

15.2 If specified in the TDS, the Tenderer shall furnish as a part of its Tender a Tender Security in original form and in the amount as specified in the TDS. The Tender Security shall, at the Tenderer’s option, be either in the form of a bank draft or pay order or in the form of an irrevocable bank guarantee (Form W-3) issued by a schedule bank of Bangladesh, and shall remain valid for a period of twenty-eight (28) days beyond the original validity period of Tenders or beyond any period of extension subsequently requested under ITT Sub-Clause 15.3.

15.3 In exceptional circumstances, prior to the expiration of the Tender validity period, the Employer may solicit the Tenderers consent to an extension of the period of validity of their Tenders. The request and responses shall be made in writing. The Tender Security provided under ITT Sub-Clause 15.2 shall be suitably extended promptly.

16. Tender: Format and Signing

16.1 The Tenderer shall prepare one (1) original of the documents comprising the Tender as described in ITT Clause 12 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.


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

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

D. Tender Submission

17. Tender: Sealing and Marking

17.1 The Tenderer shall enclose the original in one (1) envelope and all the copies of the Tender in another envelope, duly marking the envelopes as “ORIGINAL” and “COPY.” These two (2) envelopes shall then be enclosed in one (1) single outer envelope.

17.2 The inner and outer envelopes shall:

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

(b) be addressed to the Employer at the address specified in the TDS;

(c) bear the name of the Tender and the Tender Number as specified in the TDS, and;

(d) bear a statement “DO NOT TO OPEN BEFORE.......” the time and date for Tender opening as specified in the TDS.

17.3 If all envelopes are not sealed and marked as required by ITT Sub-Clause 17.2, the Employer will assume no responsibility for the misplacement or premature opening of the Tender

18. Tender: Submission Deadline

18.1 Tenders must be received by the Employer at the address specified in ITT Sub Clause 17.2 no later than the date and time specified in the TDS.

18.2 Tenders may be hand delivered, posted by registered mail or sent by courier. The Employer shall, on request, provide the Tenderer with a receipt showing the date and time when its Tender was received.

18.3 The Employer may, at its discretion, extend the deadline for the submission of Tenders by amending the Tender Document in accordance with ITT Clause 8, in which case all rights and obligations of the Employer and Tenderers previously subject to the deadline shall thereafter be subject to the new deadline as extended.


19. Tender: Submitted Late

19.1 Any Tender received by the Employer after the deadline for submission of Tenders in accordance with ITT Clause 18 shall be declared late, will be rejected, and returned unopened to the Tenderer.

20. Tender: Modification, Substitution or Withdrawal

20.1 A Tenderer may modify, substitute or withdraw its Tender after it has been submitted by sending a written notice before the deadline for submission of Tenders.

20.2 Each Tenderer’s modification, substitution or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with ITT Clauses 16, 17, and 18 with the outer and inner envelopes additionally marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL” as appropriate.

E. Tender Opening and Evaluation

21. Tender: Opening

21.1 The Employer shall open the Tenders in public, including modifications or substitutions made pursuant to ITT Clause 20, at the time, on the date and only at the one place specified in the TDS. Tenders for which an acceptable notice of withdrawal has been submitted pursuant to ITT Clause 20 shall not be opened. Tenderers or their authorised representatives shall be allowed to attend and witness the opening of Tenders, and shall sign a register evidencing their attendance.

21.2 The name of the Tenderer, Tender modifications, substitutions or withdrawals, total amount of each Tender, number of corrections, discounts, and the presence or absence of requisite Tender Security, and such other details as the Employer, at its discretion, may consider appropriate, shall be read out aloud and recorded. All pages of the original Tender, except for un-amended printed literature, will be initialled by a minimum of three (3) members of the Employer’s Tender Opening Committee.

21.3 Minutes of the Tender opening shall be made by the Employer and furnished to any Tenderer upon receipt of a written request. The minutes shall include, as a minimum, the name of the Tenderer and whether there has been a withdrawal, substitution or modification; the Tender Price including any discounts and the presence or absence of a Tender Security, if one was required.

21.4 Tenders not opened and read out at the Tender opening shall not be considered, irrespective of the circumstances, and shall be returned unopened to the Tenderer.

21.5 No Tender shall be rejected at the Tender opening, except for late Tenders, which shall be returned unopened to the Tenderer pursuant to ITT Clause 19


22. Tender: Confidentiality

22.1 After the opening of Tenders, information relating to the examination, clarification, and evaluation of Tenders and recommendations for award shall not be disclosed to Tenderers or other persons not officially concerned with the evaluation process until after the award of the Contract is announced.

23. Tender: Clarification

23.1 The Employer may ask Tenderers for clarification of their Tenders in order to facilitate the examination and evaluation of Tenders. The request for clarification and the response shall be in writing, and any changes in the prices or substance of the Tender shall not be sought, offered or permitted, except to confirm the correction of arithmetical errors discovered by the Employer in the evaluation of the Tenders, in accordance with ITT Clause 27.

24. Tenderer: Contacting the Employer

24.1 Following the opening of Tenders and until the Contract is signed no Tenderer shall make any unsolicited communication to the Employer or try in any way to influence the Employer’s examination and evaluation of Tenders.

24.2 Any effort by a Tenderer to influence the Employer in its decisions on the examination, evaluation, comparison and post-qualification of the Tenders or Contract award may result in the rejection of its Tender.

24.3 Notwithstanding ITT Sub Clause 24.1, from the time of Tender opening to the time of Contract award, if any Tenderer wishes to contact the Employer on any matter related to the tendering process, it should do so in writing.

25. Tender: Responsiveness

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

25.2 A substantially 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 Works specified in the Contract; or

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

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


25.3 If a Tender is not substantially responsive to the Tender Document it shall be rejected by the Employer and shall not subsequently be made responsive by the Tenderer by correction of the material deviation, reservation or omission.

25.4 There shall be no requirement as to the minimum number of responsive Tenders.

26. Tender: Non Conformities, Errors and Omissions

26.1 The Employer may regard a Tender as responsive even if it contains minor deviations that do not materially alter or depart from the characteristics, terms, conditions and other requirement set forth in the Tender Document or if it contains errors or oversights that are capable of being corrected without affecting the substance of the Tender.

27. Tender: Evaluation and Comparison of Tenders

27.1 The Employershall evaluate and compare only those Tenders determined to be substantially responsive to the requirements of the Tender Document. Substantially responsive tenders are those which fulfil the requirements of ITT Clauses 4 and 12.

27.2 The evaluation will take into account corrected Tender Price and discounts (if any).

27.3 The Employer will check substantially responsive Tenders for any arithmetical errors. Where there is a discrepancy between the amounts in figures and words, the amount in words will govern. If a Tenderer refuses to accept the correction, its Tender shall be rejected. The Employer shall correct arithmetical errors on the following basis:

(a) if there is a discrepancy between the unit price and the line item total, the unit price shall prevail and the total price shall be corrected, unless in the opinion of the Employer there is an obvious misplacement of the decimal point in the unit price, in which case the total price, as quoted, shall govern and the unit price shall be corrected; and

(b) where there is a discrepancy between the amounts in figures and words, the amount in words will govern. If a Tenderer refuses to accept the correction, its Tender shall be rejected.

28. Tender: No Negotiation 28.1 No Negotiations shall be held with the lowest or any other

Tenderer. A Tenderer shall not be required, as a condition for award, to undertake responsibilities not stipulated in the Tender document, to change its price or otherwise modify its Tender.

29. Tenders: Employer’s Right to Accept or Reject any or all

29.1 The Employer reserves the right to accept any Tender, to annul the Tender proceedings, or to reject any or all Tenders, at any time prior to Contract award, without thereby incurring any liability to Tenderers, or any obligation to inform Tenderers of the grounds for the Employer’s actions.


F. Contract Award

30. Award Criteria

30.1 The Employer shall award the Contract to the Tenderer whose offer is substantially responsive to the Tender Document and that has been determined to be the lowest evaluated Tender, provided that the Tenderer is determined to be qualified to perform the Contract satisfactorily

31. Notification of Award

31.1 Prior to the expiration of the period of Tender validity, the Employer shall notify the successful Tenderer, in writing that its Tender has been accepted.

31.2 Until a formal contract is prepared and executed, the Notification of

Award shall constitute a binding Contract.

32. Performance Security

32.1 Within fourteen (14) days of the receipt of the Notification of Award from the Employer, the successful Tenderer shall furnish the Performance Security, if required, in the amount specified in the TDS using for that purpose the Performance Security Form (Form W-6) furnished in Section 5: Tender and Contract Forms.

32.2 The proceeds of the performance security shall be payable to the Employer unconditionally upon first written demand as compensation for any loss resulting from the Contractor’s failure to complete its obligations under the Contract

33. Contract Signing

33.1 At the same time as the Employer issues the Notification of Award, the Employer shall send the Contract Agreement and all documents forming the Contract, to the successful Tenderer

33.2 Within twenty-one (21) days of receipt of the Contract Agreement, the successful Tenderer shall sign, date and return it to the Employer.

34. Tenderer’s Right to Complain

34.1 Any Tenderer has the right to complain if it has suffered or may suffer loss or damage due to a breach of a duty imposed on the Employer by the Public Procurement Rules 2008 (PPR).

34.2 The complaint shall firstly be processed through an administrative review following the procedures set out in Rules-57 of the PPR. The place and address for the first step in the submission of complaints to the Administrative Authority is provided in the TDS.

34.3 If not satisfied with the outcome of the administrative review, the Tenderer may complain to the Review Panel pursuant to Regulation 57(12) of the PPR.


Section 2. Tender Data Sheet

Instructions for completing the Tender Data Sheet are provided, as needed, in the notes in italics mentioned for the relevant ITT Clauses

ITT

Clause

Amendment of, and Supplements to, Clauses in the Instructions to Tenderers

A. General

ITT 1.1 The Employer isProject Director, Optical Fiber Cable Network Development in 1000 Union Parishadof Bangladesh Telecommunications Company Limited,Telejogajog

Bhaban, 37/E Eskaton Garden, Dhaka-1000.represented bythe same.

The Name of the Tender is Detail Optical Fiber Cable Route Diagram at Upazila to Union, union to union levels of greater Mymensing and Sylhet District.

ITT 2.1 The source of public funds is-GOB.

ITT 2.3 The name of the Development Partner is -none

ITT 4.1 Open Tendering method

All Tenderers regardless of whether enlisted or not enlisted with the Employer may submit Tenders providing they otherwise qualify.

ITT 4.4

(a) Annual Turnover:

The required average annual turnover shall be greater than Tk 1.0 (one) crore over the last 5(five) years period.

(b) Experience:

(i) The required number of similar contractscompleted shall be 2(two) over a period of 5(five)years to any Govt. sector or Autonomous Body or Corporation or renowned Private Organization.For this sub-clause, similar contract means a contract for a minimum of 300 Kilo meter with category of work as those of this tender.

(ii) Bidder shall have experience of similar contractswith category of work as those of this tender, whose cumulative sum shall not be less than 900 Km over a period of 5(five) years to any Govt. sector or Autonomous Body or Corporation or renowned Private Organization.

(c) Liquid Assets:

The minimum amount of liquid assets and/or credit facilities shall be 40.0 Lakh.


B. Tender Document

ITT 7.1 For clarification of Tenders purposes only, the Employer’s address is:

Attention: Project Director,


Address: Telejogajog Bhaban, 37/E Eskaton Garden, Dhaka-1000.

Telephone: 9320258

Facsimile number:9320040

Electronic mail address:…

C. Preparation of Tenders

ITT 12.1 (e) Additional documents to be submitted by Tenderers are:

a) As sample, a complete output for one Union to relevant Upazila

required by this tender e.g. key map, detail fibre cable route diagram,

drawing, design, bill of quantity etc. are to be submitted with the tender

for at least one Union of the Upazilla given in Annex-1. Supplied

documents are to be duly signed and sealed by the bidder.

b) Submit bio-data and relevant of documents about key-staff under the

bidder for accomplishment of the work under this tender. The bidder must

have under his capacity at least-

(i) 01 (one) Graduate Civil Engineer as Project Manager

(ii) 02(two) Diploma Civil Engineer as field Engineer &

(iii) 01 (one) Auto CAD professional.

ITT 15.1 The Tender validity period shall be 60(sixty)days.

ITT 15.2 A Tender Security in the amount of Tk. 70,000[Seventy thousand] will be required, in the form of a pay order or Bank Draft or in the form of a Bank Guarantee, in the format of (Form W-3).

ITT 16.1 In addition to the original of the Tender, 2(two) copies shall be submitted.

D. Submission of Tenders

ITT 17.2 The inner and outer envelopes shall bear the following additional identification marks:none


ITT 17.2 For Tender submission purposes only, the Employer’s address is:

Attention:Project Director,


Address: Telejogajog Bhaban, 37/E Eskaton Garden, Dhaka-1000.

6th floor, Room no. 715.

The deadline for the submission of Tenders is

Time & Date : as specified in the Tender notice or any subsequent corrigendum (if any).

E. Tender Opening and Evaluation

ITT 21.1 The Tender opening shall take place at:

Address: Address: Telejogajog Bhaban,

37/E Eskaton Garden, Dhaka-1000.

6th floor, Room no. 715

Time & Date: as specified in the Tender notice or any subsequent corrigendum (if any).

F. Award of Contract

ITT 32.1 The amount of Performance Security shall be 10% of the contract price.

ITT 34.2 The name and address of the office where complaints to the Procuring Entity under Rule-57 are to be submitted is:as stated in ITT 7.1.


Section 3. General Conditions of Contract

1. Definitions 1.1 The following words and expressions shall have the meaning hereby assigned to them. Boldface type is used to identify the defined terms:

(a) Contract means the Agreement entered into between the Employer and the Contractor to execute, complete and maintain the Works.

(b) Contractor means the person or corporate body whose Tender to carry out the Works has been accepted by the Employer and is named as such in the PCC. In case of relevance driver will be treated as a representative of the Contractor.

(c) Contract Price means the price payable to the Contractor as specified in the Contract Agreement.

(d) The Contractor’s Tender is the completed Tender Document including the priced offer submitted by the Contractor to the Employer.

(e) Days means calendar days.

(f) A Defect is any part of the Works not completed in accordance with the Contract.

(g) TheEmployer is the party named in the PCC who employs the Contractor to carry out the Works.

(h) The Engineer is the person named in the PCC, who is responsible for supervising the execution of the works and administering the Contract.

(i) The Works are the services what the contractor is required to provide under the capacity of the contract.

2. Interpretation & Documents forming the Contract

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 construance of the Contract. Words have their normal meaning under the language of the Contract unless specifically defined.


2.2 The following documents forming the Contract shall be interpreted in the following order of priority:

(a) the signed Contract Agreement.

(b) the letter of Notification of Award.

(c) the completed Tender Submission Sheet as submitted by the Tenderer.

(d) the priced Schedule of Works including the Technical Specifications as submitted by the Tenderer.

(e) the Particular Conditions of Contract.

(f) the General Conditions of Contract.

(g) the Drawings.

(h) any other document listed in the PCC as forming part of the Contract.

(i) “Force Majeure” means an event or situation beyond the control of the Contractor that is not foreseeable, is unavoidable, and its origin is 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 Purchaser/Employer in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes. If a Force Majeure situation arises, the Contractor shall promptly notify the Employer and the cause thereof. Unless otherwise directed by the Employer, the Contractor shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

3. Corrupt, Fraudulent, Collusive or Coercive Practices

3.1 The Government requires that Employers, as well as Contractors shall observe the highest standard of ethics during the implementation of procurement proceedings and the execution of Contracts under public funds.

3.2 In pursuance of this requirement, the Employer shall

(a) exclude the Contractor from participation in the procurement proceedings concerned or reject a proposal for award; and

(b) declare a Contractor ineligible, either indefinitely or for a stated period of time, from participation in procurement proceedings under public fund;

if it at any time determines that the Contractor has engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a Contract under public fund.


3.3 Should any corrupt, fraudulent, collusive or coercive practice of any kind referred to in GCC Sub-Clause 3.4 come to the knowledge of the Employer, it shall, in the first place, allow the Contractor to provide an explanation and shall, take actions as stated in GCC Sub-Clause 3.2 only when a satisfactory explanation is not received. Such exclusion and the reasons thereof, shall be recorded in the record of the procurement proceedings and promptly communicated to the Contractor concerned. Any communications between the Contractor and the Employer related to matters of alleged corrupt, fraudulent, collusive or coercive practices shall be in writing.

3.4 The Government defines, for the purposes of this provision, the terms set forth below as follows:

(a) “corrupt practice” means offering, 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 proceeding;

(b) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a procurement proceedings or the execution of a Contract to the detriment of the Employer;

(c) “collusive practice” means a scheme or arrangement among two or more Tenderers with or without the knowledge of the Employer (prior to or after proposal submission) designed to establish Tender prices at artificial, non-competitive levels and to deprive the Employer of the benefits of free, open andgenuine competition; and

(d) “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence the procurement proceedings, or affect the execution of a Contract.

3.5 The Government requires that the Client’s personnel have an equal obligation not to solicit, ask for and/or use coercive methods to obtain personal benefits in connection with the said proceedings.

4. Governing Language and Law

4.1 The Contract as well as all correspondence and documents relating to the Contract exchanged by the Contractor and the Employer, shall be written in English unless otherwise stated in the PCC.

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

5. Engineer’sDecision

5.1 Except where otherwise specifically stated in the PCC, the Engineer will decide Contractual matters between the Employer and the Contractor in the role as representative of the Employer if delegated by the employer.

6. Delegation 6.1 The employermay delegate any of his duties and responsibilities to his representative, after notifying the Contractor, and may cancel any delegation, without retroactivity, after notifying the Contractor.


7. Communications and Notices

7.1 Communications between Parties pursuant to the Contract shall be in writing to the address specified in the PCC. A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

8. Sub- Contracting& Assigning

8.1 The Contractor shall not be permitted to subcontract any part of the Works, nor shall the Contractor be allowed to assign the Contract in whole or in part.

9. Documents, Information.

91. The Contractor shall furnish to the Engineerall informationand supporting documentation that may be requested of it.

10. Commencement of Works

10.1 The Contractor may commence execution of the Works on the Start Date, or other such date as specified in the PCC, and shall carry out the Works in an expeditious manner.

10.2 If the Contractor fails to commence the works within the above stated period, the Employer may, at his sole discretion, terminate the Contract and forfeit the Performance Security, if any.

11. Payments and Currency

11.1 The Employer shall pay the Contractor the amounts due as per procedure detailed in section-8. All payments shall be made in Bangladesh Taka.

12. Liquidated Damages

12.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the PCC for each day that the Completion Date is later than the Intended Completion date for the works or for any part thereof.

13. Performance Security

If so specified in the Notification of Award, a Performance Security shall be provided to the Employer in the amount and form stated in the Contract Forms (Form W-5). The Performance Security shall be valid until a date twenty-eight (28) days from the date of issue of the Certificate of Completion.After end of the contractual period, performance security will returned back to the Contractor, if the is no liability/dues to the employer and contractor fulfilled his contractual obligation. In case of liability/dues to the employer, the employer will compensate the same from the performance security.

14. Completion 14.1 The Contractor shall request the Engineer to issue a Certificate of Completion of the Works, and the Engineer will do so upon deciding that the work is completed.

15. Correction of Defects

15.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion, and is defined in the PCC. The Defects Liability Period shall be extended for as long as the Defects remain to be corrected.

15.2 If the Contractor has not corrected a Defect within the time specified in the Engineer’s notice, the Engineer will assess the cost of having the Defect corrected, and the Contractor will pay this amount.


16. Final Account

16.1 The Contractor shall supply the Engineer a detailed account of the total amount that the Contractor considers payable under the Contract. The Engineer shall certify any final payment that is due to the Contractor within twenty-one (21) days of receiving the Contractor’s account if it is correct and complete.

16.2 The Employer shall effect payment of the final account within twenty-eight (28) days from the date of certification by the Engineer.

17. Termination 17.1 The Employer or the Contractor by giving twenty-eight (28) days written notice of default to the other party, may terminate the Contract in whole or in part if the other party causes a fundamental breach of Contract.

17.2 Fundamental breaches of the Contract shall include, but shall not be limited to, the following:

(a) the Contractor stops work for more than twenty-eight (28) days when no stoppage of work is shown on the current Programme and the stoppage has not been authorised by the Engineer;

(b) the Engineer gives notice that failure to correct a particular defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Engineer;

(c) the Contractor has delayed the completion of the Works by the number of days for which the maximum amount of Liquidated Damages can be paid;

(d) the Contractor, in the judgment of the Employer, has engaged in corrupt or fraudulent practices, as defined in GCC Clause 3, in competing for or in executing the Contract; and

(e) a payment certified by the Engineer is not paid to the Contractor by the Employer within seventy (70) days of the date of the Engineer’s certificate.

17.3 The Employer and the Contractor may at any time terminate the Contract by giving notice to the other party if either of the parties becomes bankrupt or otherwise insolvent. In such event, termination will be without compensation to any party provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue to the other party.

17.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.

17.5 If the Contract is terminated, the Contractor is to stop work immediately, make the Site safe and secure and hand over the Site to the Employer as soon as reasonably possible.


18. Release from Performance

18.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor, the Engineer shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible, after receiving this certificate. The Contractor shall be paid for all works carried out before stoppage of work and any work carried out afterwards to which a commitment was made.

19. Settlement of Disputes

19.1 The Employer and the Contractor shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or its interpretation.

19.2 Any dispute between the parties to the Contract that may not be settled amicably will be referred to Arbitration at the initiative of either of the parties.

19.3 The Arbitration shall be conducted in accordance with the Arbitration Act 2001 of Bangladesh as at present in force.


Section 4. Particular Conditions of Contract

Instructions for completing the Particular Conditions of Contract are provided, as needed, in the notes in italics mentioned for the relevant GCC Clauses.

Clause

Ref

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

GCC 1.1(d) The Contractor is [name, address and name of authorised representative].

GCC 1.1(i) The Employer is Project Director, Optical Cable Network Development in 1000 Union Parishadof Bangladesh Telecommunications Company Limited, Telejogajog Bhaban, 37/E Eskaton Garden, Dhaka-1000 represented by the same.

GCC 1.1(j) The Engineer is the Project Director.

GCC 1.1(k) The Intended Completion Date for the whole of the Works shall be [insert date].

GCC 1.1(l) The Site is located at- as attached in Annex-1.

GCC 1.1(m)

The Works are Detail Optical Cable Route Diagram at Upazila to Union, union to union levels of greater Mymensing and Sylhet District.

GCC 2.2(i) The additional documents forming part of this Contract are:none

GCC 4.1 The Language governing the Contract shall be either English or Bangla.

GCC 7.1 The addresses for Communications shall be:

For the Employer:

As stated in GCC 1.1(i)

For the Contractor:

[insert name, address and contact details].

GCC 9.1 The Key Personnel of the Contractor are:Project Manager, Field Engineer and Auto CAD Professional.

GCC 10.1 Commencement of work shall be from the date of signing of the Contract

GCC 12.1 The liquidated damage shall be 0.1% of the contract price per day and the total amount is not to exceed 10 percent of the Contract Price.

GCC 15.1 The Defects Liability Period shall be 7(seven) days.


Section 5. Tender and Contract Forms

Forms W1-W3 comprise part of the Tender Format and should be completed as stated in ITT Clause 12. Forms W4-W7 comprise part of the Contract as stated in GCC Clause 2.

Form Title

Tender Forms

W-1 Tender Submission Sheet

W-2 Tenderer Information Sheet

W-3 Bank Guarantee for Tender Security

Contract Forms

W-4 Notification of Award

W-5 Contract Agreement

W-6 Bank Guarantee for Performance Security


Tender Submission Sheet (Form W-1)

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

Project Director,


Telejogajog Bhaban, 37/E Eskaton Garden, Dhaka-1000. We, the undersigned, offer to execute in conformity with the Conditions of Contract and associated Contract Documents, the following Works and Related Services, viz: Detail Optical Fiber Cable Route Diagram at Upazila to Union, Union to Union levels of greater Mymensing and Sylhet District. The total Price of our Tender is:Tk: [state amount in figures]

[state amount in words Our Tender shall be valid for the period stated in the Tender Data Sheet and it shall remain binding upon us and may be accepted at any time before the expiration of that period. A Tender Security in the amount stated in the Tender Data Sheet is attached in the form of a [bank draft, pay order, bank guarantee] valid for a period of 28 days beyond the Tender validity date. If our Tender is accepted, we commit to obtaining a Performance Security in the amount stated in the Tender Data Sheet and valid for a period of 28 days beyond the issue of the Certificate of Completion of Works. We declare that we, and any subcontractors or Contractors for any part of the Contract have not been declared ineligible by the Government of Bangladesh on charges of engaging in corrupt, fraudulent, collusive or coercive practices. Furthermore, we are aware of ITT Clause 3 concerning this and pledge no not to indulge in such practices in competing for or in executing the Contract. We are not participating as Tenderers in more than one Tender in this tendering process. We understand that your written Notification of Award shall constitute the acceptance of our Tender and shall become a binding Contract between us, until a formal Contract is prepared and executed. We understand that you are not bound to accept the lowest evaluated Tender or any other Tender that you may receive.

Signed

In the capacity of:

Duly authorised to sign the Tender on behalf of the Tenderer

Date


Tenderer Information Sheet (Form W-2)

All Tenderers shall include the following information and documents with their Tenders:

Notes on Tenderer Information Sheet

The information to be filled in by Tenderers in the following pages will be used for purposes of verification of eligibility and qualification of the Tenderer as provided for in relevant Clauses of the Instructions to Tenderers.

The Tenderer, if prequalified earlier, should fill in updated information only.

Additional pages may be attached as necessary.

This information will not be incorporated in the Contract.

Invitation for Tender No: 1. Name and value of Works performed in the last 5 years. Year Name of Works Value of Works Name of Employer

2. Works in Hand Name of Works Value of Works Progress %

3. The Tenderer should list the Equipment deemed essential for carrying out the Works. Type of Equipment No. Available Owned / Leased (and from whom)

4. Evidence of financial capability to perform this Contract. The Tenderer should list cash in hand, lines of credit, and attach supporting documentary evidence 1 2 3 4 5


5. Schedule of Key Personnel Sl No

Position Name Qualification Experience

Note : Supporting documents/statements/bio-data are to be submitted in favour of the information given above for each of the items from 1 to 5.

_______________________________ [Signature and Seal of the Tenderer] Name: _______________________ Address:______________________ _____________________________ _____________________________ _____________________________ Date: _________________


Bank Guarantee for Tender Security (Form W-3)

[this is the format for the Tender Security to be issued by a scheduled Bank of Bangladesh in accordance with ITT Clause 15]

Invitation for Tender No:

Date:

Tender Package No:

To:

Project Director,


Telejogajog Bhaban, 37/E Eskaton Garden, Dhaka-1000.

TENDER GUARANTEE No:

We have been informed that [name of Tenderer] (hereinafter called “the Tenderer”) intends to submit to you its Tender dated [date of Tender] (hereinafter called “the Tender”) for the execution of the Works of "Detail Optical Fiber Cable Route Diagram at Upazila to Union, Union to Union levels of greater Mymensing and Sylhet District." under the above Invitation for Tenders (hereinafter called “the IFT”). Furthermore, we understand that, according to your conditions tenders must be supported by a Tender Guarantee. At the request of the Tenderer, we [name of bank] hereby irrevocably 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 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 during the period of Tender validity specified by the Tenderer in the Form of Tender; or

(b) does not accept the correction of errors in accordance with the Instructions to Tenderers ITT; or

(c) having been notified of the acceptance of the Tender by the Employer during the period of Tender validity, (i) fails or refuses to furnish the performance security in accordance with the ITT, or (ii) fails or refuses to execute the Contract Form,

This guarantee will expire

(a) if the Tenderer is the successful Tenderer, upon our receipt of a copy of the Performance Security and a copy of the Contract signed by the Tenderer as issued by you; or

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

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

Signature


Notification of Award (Form W-4)

Contract No:

Date:

To: [the successful bidder]

This is to notify you that your Tender dated [insert date] for the execution of the Works for

"Detail Optical Fiber Cable Route Diagram at Upazila to Union, union to Union levels of greater

Mymensing and Sylhet District." for the Contract Price of Tk [amount in figures and in

words],as corrected and modified in accordance with the Instructions to Tenderers is hereby

accepted by Project Director, Optical Cable Network Development in 1000 Union Parishadof

Bangladesh Telecommunications Company Limited,Telejogajog Bhaban, 37/E Eskaton Garden,

Dhaka-1000.

You are requested to proceed with the execution of the Works on the basis that this

Notification of Award shall constitute the formation of a Contract, which shall become binding

upon you furnishing a Performance Security within fourteen (14) days, in accordance with

ITT Clause 32, and the signing the Contract Agreement within twenty-one (21) days, in

accordance with ITT Clause 33.

We attach the Contract Agreement and Particular Conditions of Contract for your perusal

and signature.

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

Date:


Contract Agreement (Form W-5)

THIS AGREEMENT, made the [day] of [month] [year] between [name and address of Employer] (hereinafter called “the Employer”)of the one part and [name and address of Contractor] (hereinafter called “the Contractor”) of the other part. WHEREAS, the Employer invited Tenders for certain Works, viz, "Detail Optical Fiber Cable Route Diagram at Upazila to Union, union to Union levels of greater Mymensing and Sylhet District." and has accepted a Tender by the Contractor for the execution of those works in the sum of Taka [insert amount in figures and 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 hereinafter referred to. 2. The documents forming the Contract shal be interpreted in the following order of priority:

(a) The signed Contract Agreement; (b) The letter of Notification of Award; (c) The completed Tender Submission Sheet as submitted by the Tenderer; (d) The priced Schedule of Works including the Technical Specifications as completed by

the Tenderer; (e) The Particular Conditions of Contract; (f) The General Conditions of Contract; (g) The Drawings; and (h) Any other document listed in the PCC as forming part of the Contract..

3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter

mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and to remedy any defects therein in conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution and

completion of the Works 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 thereto have caused this Agreement to be executed in accordance with the laws of Bangladesh on the day month and year first before written. For the Employer For the Contractor

Signature

Print Name

Title

In the presence of (Name)

Address


Bank Guarantee for Performance Security (Form W-6)

[this is the format for the Performance Security to be issued by a scheduled bank of Bangladesh in accordance with ITT Clause 32]

Contract No.- [insert no & date]

To:

Project Director,

Optical Cable Network Development in 1000 Union Parishad.

Telejogajog Bhaban, 37/E Eskaton Garden, Dhaka-1000

PERFORMANCE GUARANTEE No:

We have been informed that M/S [insert name of the contractor](hereinafter called “the Contractor”) has undertaken, pursuant to Contract No [insert no & date] (hereinafter called

“the Contract”), the execution of works "Detail Optical Fiber Cable Route Diagram at Upazila to

Union, union to Union levels of greater Mymensing and Sylhet District." under the Contract.

Furthermore, we understand that, according to your conditions, Contracts must be supported

by a performance guarantee.

At the request of the Contractor, we [name of bank] hereby irrevocably undertake to pay you,

without cavil or argument, any sum or sums not exceeding in total an amount of [insert

amount] upon receipt by us of your first written demand accompanied by a written statement

that the Contractor 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 [insert date], consequently, we must receive at the above-

mentioned office any demand for payment under this guarantee on or before that date.

Signature

Signature


Section 6. Schedule of Works including Technical Specifications

Item No.

Brief Description of Works (details given vianote-1.)

Unit of Works

Quantity of Works

Unit Rate (in Taka)

Total Amount (in

Taka)(note-2)

Time period for the delivery of

the output

1 2 3 4 5 6 = 4x5 7 1

Survey, drawing, design

etc.

package 01

(For package)

45 days

From signing of contract.

2 Output in hard copy

(For Each Upazilla, there

shall be a book.)

Book 05

3 Output in soft copy CD 02

4 Cost for Verification work package 01

(For package)

TOTAL(in figures)

Total Amount in Taka (in words)

Note-1 : At Section-8, detail description, special conditions of contract, Contractor's declarationsetc.are

described.

Note-2 : Total amount shall include VAT/Taxes which are deductible if contract is awarded.The

employer will pay bill on the whole work after being satisfied after verification with the output of the work

under the capacity of the contract, no partial or running bill (in any form) will be paid.

Note-3 : Bidder will quote price on a package basis, actual distance of survey or unit rate for surveyed

distance is immaterial for the purpose of the tender. Whatever be the actual distance of survey, bidder will

be paid on the price of the package subject to conditions stated in section-8.


Section 7. Drawings

a) Sample diagram for optical connectivity Plan

BTCL Exch. / Compound at

Upazilla

F

H

G

B

C

A

D

E

J

M

K

I

L

A to O are the Union

Parishod Bhaban(s). Put name in actual diagram

SAMPLE

Route 1(STAR) : BTCL to Union Parishod-E [1 OFC]

Route 2 (RING): BTCL to Union Parishod-A-B-C-D

[1 OFC]

Route 3 (1 OFC, max. 4 U.Parishod):

BTCL to Union Parishod-F-G-H [1 OFC]

Route 4 : (2 OFC used for 7 nos. U.Parishod)

BTCL to Union Parishod-I-J-K-L-M [1 OFC] +

for I-J-N-O [1 OFC]

NB : Use design for optimum costing OFC & Duct.

A single pair fiber will connect maximum 4(four)

Union Parishod.

N

O


Section 7. Drawings b) Do not do this type of optical connectivity unless unavoidable

BTCL Ex. / Compound at

Upazilla

F

H

G

B

C

A

D

E

J

M

K

I

L

A to M are Union

Parishod Bhaban(s)

WARNING :

This type of all STAR

connectivity will NOT be

acceptable

(if not unavoidable)


Section-8 (Detail description, special conditions of contract etc.)

1.Scope of Service :

The scope of service to be provided by the contractor under the capacity of this tender is

that the Contractor will finally submit "output" in the form of a complete book which will include

theKey-map, drawing, design along with optical connectivity with all sorts of dimensions/distances,

important buildings/installations, Information Centre (Z_¨ †K›`ª) (if situated at other places than the

Union Parishod Bhaban) with its position & distance from Union Parishod Bhaban,Bill of

quantity(BoQ)for Detail Optical Fiber Cable Route Diagram from Upazila to union, union to union

(the detailed list is given in Annex-1) for Outside Plant (OSP) Work in Sylhet and greater

Mymensing District (under package-5 of works of the approved DPP) for the project under GoB-

“Optical Cable Network Development in 1000 Union Parishad”. The survey diagram and/or BoQ shall also indicate/include e,g (i) important

buildings/installations nearby the cable routes, (ii) Kaccha Road, Paccha road, Semi Paccha road,

(iii) HDD requirement at crossing at rail/bridge/Culvert/at places where trenching not possible, (iv)

requirement of hand-holes, Joint cages etc and these elements are to be properly reflected in the

BoQ.

2. Deliverables :

a) Output in hard copies (coloured) standard format, for example in book shape with

dimension.≈30cm X 42 cm. For Each Upazilla, there shall be a book.

b) Output in soft copy designed in Auto Cad in standard readable format which will be

usable/editable independently by the employer in future.

3. Conditions for Implementation of work :

a) The Contractor will do a survey on all the routes from upazila to union or union to union for

implementation of the work of the Upazillas and Unions listed in Annex-1.

b) Optical connectivity points are from BTCL Exchange/BTCL compound of a particular Upazila

to all the Union parishod Bhaban(s) under that Upazila. Contractor will design optical

connectivity on the basis of optimum cable use. That is, if unions are in the same route from

the BTCL compound, for maximum 04(four) numbers of such Union Parishod, a single Optical

Fiber Cable may be designed, for others star design may be used. A Sample for optical

connectivity is given in section-7 of this tender document. Bill of quantity, with all sorts of

dimensions/distances for Detail Optical Cable Route Diagram are to be done on this basis. A

Optical Fiber Cable Route Diagram with dimensions/distances from Union Parishod Bhaban to

Information Centre (Z_¨ †K›`ª) (if situated at other places than the Union Parishod Bhaban) is to

be done, but it will not be included in the Bill of Quantity. For each of the Upazillas and Unions

under that Upazilla as listed in Annex-1, are to be done as stated here.

c) Contractor will collect (i) name and cell number of Union Parishad Chairman or Secretary of

Union Parishad and (ii) address & (iii) condition of the Union Parishod Bhaban (with coloured

Photo of #one of inside of Union Parishod Bhaban and #one from outside of Union Parishod


Bhaban), (iv) distance of the nearest electric pole (from which electric connection can be

taken) from the union parishod bhaban. The whole of the list to be submitted to the employer

in printed form in English in tabular form given below :

Sl Name of the

Upazila and

Union

Name & cell Numberof

the Union Parishod

Chaiman or Secretary

of Union Parishod.

distance of

the nearest

electric pole

Condition of

the Union

Parishod

Bhaban

Remarks

4. Conditions for Legal aspects :

a) The contractor or any of its key member for this work shall not take part in the tender of

the OSP work for Package-5 as bidder or joint venture member or as an associate or

subcontractor. If done so, it will be treated as a conflict of interest which eventually will

cause the tender for the OSP work for Package-5 to become ineligible. b) All the information or document to be deliverable to the employer or gathered in course of

the contract implementation will be treated as "confidential" and cannot be given to

anybody other than the employer under the contract and these information or document.

c) All sort of insurance to be covered by the contractor.

5. Verification of work done :

The employer may verify the work output as a random sampling basis to be done on any

18(eighteen) unions out of 173 unions (as of a 10% basis). A 03(three) member committee

will be formed by the employer to do the verification work. Selection of 18(eighteen) unions

will be done by the committee on an arbitrary basis.

a) Terms of reference for verification work is :

i) Committee will check whether the contractor has visited the Union Parishod Bhaban and

concerned personnel of Union under verification work.

ii) Route distances shown in the output by the contractor is comparable with the road

distances of the union under verification.

iii) Output given is consistent with the conditions stated in this section.

b) After verification by the committee, if no material deviation is found with that of the output

done by the contractor, the committee will submit a report with a comment "Verification as per

clause-5 of section-8 is satisfactory" and the whole of work will be treated as "accepted".

c) If after verification by the committee, material deviation is found in the output done by the

contractor, the committee will submit a report with a comment "Contractor's work failed to

pass verification" and the whole of work will be treated as "Rejected" and the Contractor will

get no payment for the work.

d) Verification work to be done within 07(seven) days of submission of complete output by the

contractor as per condition of the contract unless otherwise stated by the employer.

e) Cost for the verification that is (i) transportation (for Dhaka project office to concerned sites

and return to Dhaka project office for all the committee members), (ii) Per diem Tk. 1,000/-

per person per day, (iii) during transportation, risk and liability will fall upon the contractor.


6. Special Conditions of Contract :

The Terms and Conditions hereinafter may only be varied with the written agreement of the

Purchaser and no terms and conditions put forward at any time by the Provider shall form any part

of the Contract.

(a) after completion of the work, the contractor shall submit an original Invoice, and two

(2) copies, to the employer along with satisfactory verification report as stated in

clause-5 of this section. The invoice shall show the total cost of the work as per

Schedule stated in section-6 of the tender document;

(b) payment of the Invoice shall be arranged by the employer, within thirty (30) days in

accordance with the actual completed work under the capacity of the contract;

(c) payments against VAT/Taxes and other impositions shown in the Contractor’s invoice shall be made either:

(i) through the Accountant General’s Office, at the time of settlement of the Invoice; or

(ii) in advance by the Contractor, who shall then submit the Treasury Challan,

(showing it has been paid through the Bangladesh Bank);

(d) The Contractor's declarations

i. The Contractor shall take measure to clear-off the defects found in the delivered

output or any discrepancy in data or any mistakes/errors/oversights within the

defect liability period.

ii. The contractor shall provide a declaration that they will obey the conditions

stipulated in clause-4 at "Conditions for Legal aspects" in Section-8of the tender

document.

(e) The employer may give additional work order of the whole/any part of the work under

this contract. The jurisdiction or location of additional work may be different but work

output may be of the same type.


Annex-1

List of Upazillas and Unions (Total 173 Unions)

ame of

District SI. No. Name of Up zilla SI No. Name of Union Remark

1. Sylhet 1 Sylhet Sadar 1 Jalalabad

2 Hatkhola

3 Khadimnagar

4 Khadimpara

5 Tulkikor

6 Tukerbazar

7 Mogoigao

8 kandigao

2. Sunamgonj 2 Sunamgonj Sadar 1 Mollapara

2 Aftab Nagar

3 Chatak 1 lslampur

2 lslampur

3 Noyarai

4 Khurma North

5 Khurma South

6 Gobindagonj

7 Choila Afzalabad

8 Zauabazar

9 Dolar Bazar

3.

Moulovibazar 4 Moulovibazar 1 Akhal Kura

2 Amtoil

3 Chadnighat

4 Aktuna

5 Giasnagar

6 Khalilpur

7 Monumuk

8 Mostofapur

9 Nazirabad

10 Upper Kagaboli

11 Kamalpur

12 Kanakpur

5 Srimongal I Bunbir

2 Kalighat

3 Kalapur

4 Mirzapur

5 Rajghat

6 Satgao

7 Sindhur Khan

8 Srimangal

9 Asidhon


4. Hobigonj 6 Hobigonj Sadar 1 Lokra

2 Richi

3 Teghoria

4 Poyl

5 Gopaya

6 Nurpur

7 Sayestagonj

8 Nizampur

9 Laskerpur

10 Satyan

5. Jamalpur 7 Jamalpur Sadar 1 Kendua

2 Sharifpur

3 Lakhirchar

4 Tulshirchar

5 Iteyal

6 Narundi

7 Ghoradhap

8 Baschara

9 Sripur

10 Shahbazpur

11 Titpolla

12 Meshta

13 Dighpait

14 Rashidpur

6. Sherpur 8 Sherpur Sadar 1 Kamerar Char

2 Char Sherpur

3 Bazit Khila

4 Gazir Khamar

5 Dhala

6 Pakuria

7 Bhatsala

8 Lasmanpur

9 Charmoderia

10 Balaier Char

11 Charpakhamari

12 Rouha

13 Ghograkandi

14 Kameria

7. Tangail 9 Modhupur 1 Aronkhla

2 Mirzabari

3 Alokdia

4 Golabari

5 Aousnara

6 Solakuri

10 Ghatail 1 Ghatail (Berahimpur)

2 Jamuria (Gologunda)

3 Lokerpara

4 Dhagolkandi


5 Dhigor

6 Deopara

7 Shandhanpur

8 Rashulpur

9 Dhalapara

11 Tangal sadar 1 Magra

2 Gala

3 Gharinda

4 Korotia

5 Shilimpur

6 Porabari

7 Dainna

8 Hugla

9 Kakua

10 Katuli

11 Bhagil

12 Mirzapur 1 Azgana

2 Oarshi

3 /

Bhadgram

4 Anaitara

5 Banail

6 Mohera

7 Hat Phatapur

8 Bashtoil

9 Tarafpur

10 Jamurkee

8. Kishorgonj 13 Kishorgonj Sadar 1 Mohindar

2 Rashidabad

3 Latifabad

4 Shouli

5 Maria

6 Beyenni

7 Choddoshato

8 Kormakreyal

9 Danapatuli

10 Maizkhapon

14 Bhoyrab 1 Shadekpur

2 Aganagar

3 Shumal Kandi

4 Gozaria

5 Kalikaproshad

6 Shibpur

7 Srinagar

15 Bazidpur 1 Humayer

2 Maizchar

3 Dilalpur

4 Dighirpal

5 Banaidi


6 Gazirchar

7 Koygal

8 Shorarchar

9 Helutia

10 Halimpur

11 Pirishpur

9.

Mymensingh 16 Mymensingh

Sadar 1 Aostodhar

2 Kustia

3 Bororchar

4 Parangonj

5 Shirta

6 Charissordia

7 Charnilkhia

8 Afua

9 Khagarhar

10 Dapunia

11 Ghagra

12 Bhabkhali

13 Baira

17 Trishal 1 Ranikhola

2 Boylob

3 Kathal

4 Kanihari

5 Rampur

6 Trishal

7 Harirampur

8 Shakua

9 Balipara

10 Motbari

11 Mukhupur

12 Amirabari

10. Netrokona 18 Netrokona Sadar 1 Thakurakona

2 Dahkin Bishiura

, 3 Amtola

4 Laxmigonj

5 Kailata

6 Chllisha