El-classico Main Document

8/12/2019 El-classico Main Document

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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 thisTender Document for the procurement of Works and associated Services

incidental thereto as specified in the TDSand as detailed in Section 6: Bill of

Quantities. The name of the Tender and the number and identification of its

constituent lot(s are stated in the TDS.

2. Corrupt,

Fraudulent, Collusive or

Coercive ractices

!." The #overnment re$uires that Procuring Entities, as %ell as Tenderers and

Suppliers shall, during the Procurement proceedings and the e&ecution of

'ontracts under public funds, ensure

(a strict compliance %ith the provisions of Section )* of the Public

Procurement +ct !) (+ct !* of !)-

(b abiding by the code of ethics as mentioned in the ule"!/ of thePublic Procurement ules, !0-

(c that neither it1s any officer nor any staff or any other agents or

intermediaries %orking on its behalf engages in any practice as

detailed in the ule "!/.

!.! 2f corrupt, fraudulent, collusive or coercive practices of any kind determined

by the Procuring Entity against any Tenderer alleged to have carried out

such practices, the Procuring Entity shall!

(a e&clude the concerned Tenderer from further participation in the

particular Procurement proceeding- or

(b re3ect any recommendation for a%ard that had been proposed forthat concerned Tenderer-

or

(c declare, at its discretion, the concerned Tenderer to be ineligible to

participate in further Procurement proceedings, either indefinitely or

for a specific period of time.

3. "li#i$le Tenderers 4." 2f so specified in TDS, only Enlisted Tenderers of the categories specified in

the TDSare eligible to participate in the Tender under%i&ited Tenderin#

'etod.

4.! 2n case of pen Tenderin# 'etod, invitation for Tenders is open to all

potential Tenderers.

4.4 The Tenderer shall have the legal capacity to enter into the 'ontract.

4.* Tenderers and all parties constituting the Tenderer shall not have a conflict

of interest pursuant to ule 55 of the Public Procurement ules, !0.

4.5 The Tenderer in its o%n name or its other names or also in the case of its

Persons in different names, shall not be under a declaration of ineligibility

for corrupt, fraudulent, collusive or coercive practices as stated under 2TT

'lause ! .


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12. Contents of Tender "!." The Tender prepared by the Tenderer shall comprise the follo%ing9

(a Tender Submission :etter (For& /0!1, %hich shall be completed

%ithout any alterations to its format, filling in all blank spaces %ith the

information re$uested, failing %hich the Tender may be considered as

nonresponsive as being incomplete-

(b Tenderer 2nformation (For& /0!0-

(c The priced 6ill of ;uantities using the form(s furnished in Section

6: Bill of Quantities

(d Tender Security as stated under 2TT 'lauses 12 3 14

(e


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15. Docu&ents

"sta$lisin# te

Tenderer5s Qualification

"5." Tenderers shall complete and submit the Tenderer 2nformation (For& /0!

0 and shall include documentary evidence, as applicable to satisfy the

follo%ing9

(a details of specific e&perience in construction %orks of similar nature

and si=e on casebycase procurement proceedings performed for

each of the last years along %ith the sums, dates and recipients- public

or private as stated under 2TT clause /.

(b details of average annual constructionturnover for a period as stated

under 2TT Sub 'lause 0."(a-

(c details of ade$uacy of %orking capital for this 'ontract i.e. access to

line(s of credit and availability of other financial resources as stated

under 2TT Sub 'lause 0."(b-

(d details of Procuring Entities %ho may be contacted, if necessary, by

this Procuring Entity- and

(e authority to seek references from the Tenderer1s bankers or any othersources.

16. alidit eriod of

Tender

")." Tenders shall remain valid for the period specified in the TDSafter the date of

Tender submission deadline prescribed by the Procuring Entity.

").! + Tender valid for a period shorter than that specified shall be considered as

nonresponsive.

17. Tender Securit 17.1 Tender Security as specified is TDS.

18. For& of Tender

Securit

"0." The Tender Security shall be at the Tenderer1s option, be either in the form of a

bank draft or pay order.

"0.! The Tender Security may be in the form of an irrevocable bank guaranteeissued by a scheduled 6ank of 6angladesh, in the format (For& /0!7)

furnished in Section 59 Tender and 'ontract @orms.

"0.4 The Tender Security shall remain valid for at least t%enty eight (!0 days

beyond the e&piry date of the Tender


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of Tender Tender as described in 2TT 'lause "! and clearly mark it A?2#2>+:.B 2n

addition, the Tenderer shall prepare one (" copy of the tender, and clearly

mark A'?PC.B 2n the event of any discrepancy bet%een the original and the

copy, the ?2#2>+: shall prevail.

21. Deadline for

Su$&ission of Tender

!"." Tenders shall be delivered by hand or by mail, including courier services at the

address(s as specified in the TDSand no later than the date and time specifiedin the TDS. :ate submissions %ill not be considered.

22. 'odification,

Su$stitution or

/itdra9al of Tender

!!." + Tenderer may modify, substitute or %ithdra% its Tender after it has been

submitted by sending a %ritten notice duly signed by the authori=ed signatory

and properly sealed, and shall include a copy of the authori=ation- provided

that such %ritten notice including the affidavit is received by the Procuring

Entity prior to the deadline for submission of Tenders as stated under 2TT

'lause !".

23. Tender 'odification !4." The Tenderer shall not be allo%ed to retrieve its original Tender, but shall be

allo%ed to submit corresponding modification to its original Tender marked as

A'DIFIFIC+TI;.

24. Tender Su$stitution !*." The Tenderer shall not be allo%ed to retrieve its original Tender, but shall be

allo%ed to submit another Tender marked as


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28. reli&inar

"-a&ination

!0." The TE' shall firstle&amine the Tenders to confirm that all documentation

re$uested in 2TT 'lause "! has been provided. E&amination of the compliance,

ade$uacy and authenticity of the documentary evidence may follo% the order

belo%.

(a verification of the completeness of the eligibility declarations in the

Tender Submission Sheet (For& /0!1)-

(b verification of the Trade :icense.

(c verification of the eligibility in terms of legal capacity and fulfilment of

ta&ation obligations by the Tenderer as stated under 2TT 'lause 7 3 10

(d verification of that the Tenderer is not insolvent as stated under 2TT

'lause 7 3 10

(e verification of that the %ritten authorisation confirming the signatory of

the Tenderer to commit the Tender has been attached %ith the Tender

Submission :etter (For& /0!1.

(f verification of the validity and authenticity of the Tender Security asstated under 2TT 'lause 12 3 14, if any

!0.! The TE' shall confirm that the above documents and information have been

provided in the Tender and the completeness of the documents and compliance

of instructions given in corresponding 2TT 'lauses shall be verified, failing

%hich the tender shall be considered as nonresponsive.

29. Tecnical

"-a&ination 3

?esponsiveness

!7." ?nly those Tenders surviving preliminary e&amination need to be e&amined in

this phase

!7.! Secondl, the TE' %ill e&amine the ade$uacy and authenticity of the

documentary evidence as stated under 2TT 'lause "5.

!7.4 The TE' %ill further e&amine the terms and conditions specified in Section /9

#eneral Specifications and Section 09 Particular Specifications.

!7.* 2f after the e&amination, TE' determines that the Tender has complied the

terms and conditions and the technical aspects, set out in 2TT Sub '[email protected]

3 [email protected],it shall be considered responsive.

30. Clarification on

Tender

4." The TE' may ask Tenderers for clarifications of their Tenders, including

breakdo%ns of unit rates, in order to assist the e&amination and evaluation of

the Tenders.

4.! 2f the lo%est Evaluated Tender is not balanced or is front loaded in the opinion

of the TE', the TE' may re$uire the Tenderer to produce detailed breakdo%n

of unit price or rates for any or all items of the 6?;, to demonstrate the

internal consistency of those prices %ith the construction methods and schedule

proposed.

4.4 2f a Tenderer does not provide clarifications of its Tender by the date and time

set in the TE'1s %ritten re$uest for clarification, its Tender shall not be

considered in the evaluation.

31. Correction of 4"." The TE' shall correct any arithmetic errors that are discovered during the


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+rit&etical "rrors e&amination of Tenders, and shall promptly notify the concerned Tenderer(s of

any such correction(s pursuant to ule 70("" of the Public Procurement ule,

!0.

4".! +ny Tenderer that does not accept the correction of the Tender amount

follo%ing correction of arithmetic errors as determined by the application of

2TT Sub'lause 4"." shall be considered as nonresponsive.

32. Financial

"valuation

4!." Tirdl the TE', pursuant to ule 70 of the Public Procurement ules,

!0, %ill evaluate each Tender that has been determined, up to this stage of

the evaluation, to be responsive to the mandatory re$uirements set out in the

Tender Document.

4!.! To evaluate a Tender, the TE' %ill consider the follo%ing9

(a) the Tender price as stated under 2TT 'lause "4-

(b) ad3ustments for correction of arithmetical errors pursuant to 2TT

'lause 4".

33. rice Co&parison 44." The TE' %ill compare all responsive Tenders to determine the lo%estevaluated Tender, in accordance %ith 2TT 'lause4!.

34. e#otiations 4*." >o negotiations shall be held during the Tender evaluation or a%ard %ith the

lo%est or any other Tenderer pursuant to ule 77 of the Public Procurement

ules, !0.

35. ost!Aualification 45." +fter determining the lo%est evaluated responsive Tender in accordance %ith

2TT'lause44, the Procuring Entity1s TE' pursuant to ule " of the Public

Procurement ules, !0, shall carry out the Post$ualification of the Tenderer,

using only the re$uirements specified in Su$!section C: Qualification

Criteria.

G. Contract A"ard

36. otification of

+9ard

4)." Prior to the e&piry of the Tender otification

of +%ard (>?+ but not later than the date specified therein, the successful

Tenderer shall furnish the Performance Security

4/.4 The Performance Security shall be in the form of a 6ank draft, pay order or an

irrevocable 6ank #uarantee in the format (@orm PW!), issuedby any

scheduled bank of 6angladesh acceptable to the Procuring Entity.

4/.* The Procuring Entity may increase the amount of the Performance Securityabove the amounts as stated under 2TT Sub 'lause4/." pursuant to ule !/(!

ule 70("4 of the Public Procurement ules, !0 but not e&ceeding


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t%enty (! percent of the 'ontract price, if it is found that the Tender is

unbalanced and8or front loaded as stated under 2TT Sub'lause 4.!.

38. alidit of

erfor&ance Securit

40." The Performance Security shall be re$uired to be valid until a date t%enty eight

(!0 days beyond the 2ntended 'ompletion Date as specified in Tender

Document.

39. +utenticit of

erfor&ance Securit

47." The Procuring Entity shall verify the authenticity of the Performance Security

submitted by the successful Tenderer by sending a %ritten re$uest to the branch

of the bank issuing the Pay ?rder, 6ank Draft or irrevocable 6ank #uarantee

in specified format.

40. Contract Si#nin# *." Within fourteen ("* %orking days of issuance of the >?+, the successful

Tenderer and the Procuring Entity shall sign the contract provided that the

Performance Security submitted by the Tenderer is found to be genuine.

41. ?i#t to Co&plain *"." +ny Tenderer has the right to complain if it has suffered or likely to suffer loss

or damage due to a failure of a duty imposed on the Procuring Entity to fulfil

its obligations in accordance %ith Section !7 of the Public Procurement +ct

!) and Part "! of 'hapter Three of the Public Procurement ules, !0. .


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Section 0. Tender Data Seet

Instructions for completing Tender Data Sheet are provided in italics in parenthesis for the relevant ITT

clausesITT

Clause

+&end&ents of, and Supple&ents to, Clauses in te Instructions to Tenderers

A. General

ITT 1.1 The Procuring Entity is9 E&ecutive Engineer, Elclassico construction firm.

The >ame of the Tender is9 'onstruction of an one storied residential building

Title of the Works9 'onstruction of an one storied residential building

Tender ef9T+48"!"48*48''D

:ot >o(s9single lot

ITT 7.1 ?nly Enlisted Tenders of the categories [state the categories] are eligible. 6angladeshi

'onstruction @irms

B. Tender Document

ITT.1 @or clarification of Tender Docu&ent purposesonly, the Procuring Entity1s address is9+ttention9 E&ecutive Engineer, Elclassico construction firm.

+ddress9 4/8!, Eskaton #arden oad, amna, Dhaka"

Telephone9 7""!4)"

@a& >o.9>8+

Email address9 farna=sera3yahoo.com

C. Qualification Criteria

ITT 2.1 + satisfactory completion of similar %orks of at least Tk "5 lacs under singlenumber of contract

over a period of si& months shall be re$uired.


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Section7. eneral Conditions of Contract

A. General

1. Definitions "." 2n the 'onditions of 'ontract, %hich include Particular 'onditions and

these #eneral 'onditions, the follo%ing %ords and e&pressions shall have

the meaning hereby assigned to them. 6oldface type is used to identify the

defined terms9

(a) +ct means The Public Procurement +ct, !) (+ct !* of !).

($) +pprovin# +utorit means the authority %hich, inaccordance %ith the Delegation of @inancial Po%ers, approves

the a%ard of contract.

(c) Bill of Quantities(6?; means the priced and completed 6illof ;uantities forming part of the 'ontract defined in #''

'lause!".(d) Contractormeans the Person under contract %ith the Procuring

Entity for the e&ecution of Works under the ules and the +ct

as stated in the CC.

(e) Co&pletion Date is the actual date of completion of the Worksand Physical services certified by the Pro3ect Ianager, in

accordance %ith #'' 'lause 4" 4!.

(f) Da means calendar day unless other%ise specified as %orkingdays.

(#) Defect isany part of the %ork not completed in accordance %iththe 'ontract.

() "Auip&ent is the 'ontractor1s apparatus, machinery, vehiclesand other things re$uired for the e&ecution and completion of

the Works and remedying any defects e&cluding Temporary

Works and the Procuring Entity1s E$uipment (if any , Plant,

Iaterials and any other things to form or forming part of the

Permanent Works.

(i) Force 'aeure means an event or situation beyond the controlof the 'ontractor that is not foreseeable, is unavoidable, and its

origins not due to negligence or lack of care on the part of the

'ontractor- such events may include, but not be limited to, acts

of the #overnment in its sovereign capacity, %ars or

revolutions, fires, floods, epidemics, $uarantine restrictions,

and freight embargoes.

() oods mean the 'ontractor1s E$uipment, Iaterials, Plant andTemporary Works, or any of them as appropriate

(8) CCmeans the #eneral 'onditions of 'ontract.

(l) overn&entmeans the #overnment of the People1s epublicof 6angladesh.


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(&) >ead of te rocurin# "ntit means the Secretary of aIinistry or a Division, the Jead of a #overnment Department

or Directorate- or the 'hief E&ecutive, by %hatever designation

called, of a local #overnment agency, an autonomous or semi

autonomous body or a corporation, or a corporate body

established under the 'ompanies +ct-

(n) 'aterialsmeans things of all kinds other than Plant intended toform or forming part of the Permanent Works, including the

supplyonly materials, if any, to be supplied by the 'ontractor

under the 'ontract.

(o) 'ontmeans calendar month.

(p) ri#inal Contract rice is the 'ontract Price stated in theProcuring Entity1s >otification of +%ard and further clearly

determined in the 'ontract.

(A) er&anent 9or8s means the permanent %orks to be e&ecutedby the 'ontractor under the 'ontract.

(r) CCmeans the Particular 'onditions of 'ontract.(s) lant means the apparatus, machinery and other e$uipment

intended to form or forming part of the Permanent Works,

including vehicles purchased for the Procuring Entity and

relating to the construction of the Works and Physical services.

(t) rocurin# "ntit means a Procuring Entity havingadministrative and financial po%ers to undertake procurement

of Works and Physical services using public funds and is as

named in the CC%ho employs the 'ontractor to carry out the

Works.

(u) roect 'ana#eris the person named in the CCor any othercompetent person appointed by the Procuring Entity and

notified to the 'ontractor %ho is responsible for supervising the

e&ecution and completion of the Works and Physical services

and administering the 'ontract.

(v) Sitemeans the places %here the Permanent Works are to bee&ecuted including storage and %orking areas and to %hich

Plant and Iaterials are to be delivered, and any other places as

may be specified in the CCas forming part of the Site.

(9) Site Investi#ation ?eports are those that %ere included in the

Tender Document and are factual and interpretative reportsabout the surface and subsurface conditions at the Site.

(-) Specificationmeans the Specification of the Works includedinthe 'ontract and any modifications or additions to the

specifications made or approved by the Pro3ect Ianager in

accordance %ith the 'ontract.

() Te&porar /or8smeans all temporary %orks of every kindother than 'ontractor1s E$uipment re$uired on the Site for the

e&ecution and completion of the Permanent Works and

remedying of any defects.


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(E) ariation means any change to the Works directly procuredfrom the original 'ontractor under some specific conditions and

circumstances follo%ing approved procedures, %hich is

instructed as a


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(g the #eneral Specifications-

(h the Dra%ings-

(i the priced 6ill of ;uantities and the Schedules- and

(3 any other document listed in the CC forming part of the

'ontract.

4. "li#i$ilit *." The 'ontractor shall be a 6angladsehi national.

5. ossession of te Site 5." The Procuring Entity shall give possession of the to the 'ontractor on the

date stated in the CC.

6. rocurin# "ntit5s

?esponsi$ilities

)." The Procuring Entity shall pay the 'ontractor, in consideration of the

satisfactory progress of e&ecution and completion of the Works and

Physical services, and the remedying of defects therein, the 'ontract price

or such other sum as may become payable under the provisions of the

'ontract at the times and in the manner prescribed by the 'ontract

+greement.

7. Contractor5s

?esponsi$ilities

/." The 'ontractor shall e&ecute and complete the Works and remedy any

defects therein in conformity in all respects %ith the provisions of the

'ontract +greement.

8. Ta-es and Duties 0." The 'ontractor shall be entirely responsible for all ta&es, duties, fees, and

other such levies imposed inside and outside 6angladesh.

9. Contractor5s ersonnel 7." 2f the Pro3ect Ianager asks the 'ontractor to remove a particular person

%ho is a member of the 'ontractor1s staff or %ork force from the Site, he

or she shall state the reasons, and the 'ontractor shall ensure that theperson leaves the Site %ithin three (4 days and has no further connection

%ith the %ork in the 'ontract.

B. Time Control

10. Start Date "." Start Date is the date defined in the CCand it is the last date %hen the

'ontractor shall commence e&ecution of the Works under the 'ontract.

11. Intended Co&pletion

Date

""." 2ntended 'ompletion Date is the date calculated from the start Date as

specified in the CC, on %hich it is intended that the 'ontractor shall

complete the Works and Physical services as specified in the 'ontract andmay be revised only by the Pro3ect Ianager by issuing an e&tension of

time.

12. ro#ra&&e of /or8s "!." Within the time stated in the CC, the 'ontractor shall submit to the

Pro3ect Ianager, for approval a Programme sho%ing the general methods,

arrangements, order, and timing for all the activities in the Works.

13. "-tension of te intended

co&pletion ti&e

"4." The 'ontractor shall be entitled to an e&tension of the 2ntended

'ompletion Date, if and to the e&tent that completion of the Works or any

part thereof is or %ill be delayed by 'ompensation Events or a


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"4.! The Procuring Entity may e-tend te Intended Co&pletion Date by

t%enty (! percent of the original 'ontract time as stated under #'' Sub

'lause "4."

"4.4 2n the case an e&tension of the 2ntended 'ompletion Date re$uired more

than t%enty (! percent of the original 'ontract time, approval of theJead of the Procuring Entity for the same shall be re$uired to be obtained.

C. Qualit# Control

14. "-ecution of /or8s "*." The 'ontractor shall construct, install and carry out the Works and

Physical services in accordance %ith the Specifications and Dra%ings as

scheduled in #'' 'lause 4.

15. Identifin# Defects "5." The Pro3ect Ianager shall check the %orks e&ecuted by the 'ontractor and

notify the 'ontractor of any Defects found.

16. Testin# ")." The 'ontractor shall carry out routine Tests of materials and %orks based

on the progress of %orks to ensure the $uality of completed %orks in

accordance %ith standard methods determined by the Pro3ect Ianager.

").! 2f the Pro3ect Ianager instructs the 'ontractor to carry out a test not

specified in the Specification to check %hether any %ork has a Defect and

the test sho%s that it does, the 'ontractor shall pay for the test and any

samples.

17. ?eection of /or8s 17.1 2f, as a result of an e&amination, inspection, measurement or testing, of

Works it is found to be defective or other%ise not in accordance %ith the'ontract, the Pro3ect Ianager may re3ect the Works by giving notice to

the 'ontractor, %ith reasons. The 'ontractor shall then promptly make

good the defect and ensure that the re3ected Works subse$uently complies

%ith the 'ontract.

18. ?e&edial /or8 18.1 >ot%ithstanding any test, the Pro3ect Ianager by visual inspection orfield tests may instruct the 'ontractor to9

(a remove from the Site and replace any Plant or Iaterials %hich

is not in accordance %ith the 'ontract,

(b remove and ree&ecute any other %ork %hich is not in

accordance %ith the 'ontract, and

(c e&ecute any %ork %hich is urgently re$uired for the safety of

the Works, %hether because of an accident, unforeseeable

event or other%ise.

19. Correction of Defects "7." The Pro3ect Ianager shall issue a Defects %ia$ilit Scedule for

correction of Defects %ithin thirty (4 days from the 'ontractor1s re$uest

for Final a&ent stating the scope of corrections or additions that are

necessary.

"7.! The Pro3ect Ianager shall give notice to the 'ontractor, %ith a copy to the

Procuring Entity and others concerned, of any Defects before the end ofthe Defects %ia$ilit eriod, %hich begins at 'ompletion Date, and is


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defined in the CC. The Defects :iability Period shall be e&tended for as

long as Defects remain to be corrected.

D. Cost Control

20. Contract rice 20.1 The 'ontract price shall be agreed or determined based on that the'ontractor shall pay all ta&es, duties and fees re$uired to be paid by him or

her under the 'ontract pursuant to #'' 'lause 0."

20.2 The contract Price shall be specified in the CC.

21. Bill of Quantities (BQ) 21.1 E&cept as other%ise stated in the 'ontract and not%ithstanding any otherpractice

(a measurement shall be made of the net actual $uantity of each

item of the Permanent Works , and

(b the method of measurement shall be in accordance %ith the

6?;.

21.2 2tems of %orks $uantified in the 6?; for %hich no rates or prices havebeen $uoted shall be deemed covered by the amounts at rates and prices of

other items in the 'ontract and shall not be separately paid for.

22. Can#es in te

Quantities and =nit ?ate

or rice

22.1 + ne% rate or price for items included in the 6?; shall, ho%ever, beappropriate for an item of %ork if9

(a) the final measured $uantity of the %ork done for any particular

item in the 6?; is increased or decreased by more than

t%enty five (!5 percent from the $uantity of this item in the

6?;,

provided that- the cost resulting from such increase or decrease

in $uantity of this particular item in the 6ill of ;uantities

multiplied by its specified rate or price is e&ceeded by one ("

percent of the original 'ontract price.

(b) this particular item is not specified in the 'ontract as a Afi&ed

rate itemB-

(c) this particular item is not specified in the 'ontract as for %hich

no rates or prices have been $uoted and deemed covered by the

amounts at rates and prices of other items in the 6ill of

;uantities stated under #'' Sub 'lause !".!- and

22.2 The ne% rate or price for the particular item of %ork included in the 6ill of;uantities described under #'' Sub 'lause !!." shall be derived by the

Pro3ect Ianager from any relevant rates or prices %ithin the 'ontract by

taking into consideration the conte&t and threshold of the ariation rder

as stated under #'' 'lause !4.

23. ariations 23.1 The Procuring Entity may issue a


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23.2


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certified previously.

25.3 The Pro3ect Ianager may in any payment certificate make any correctionor modification that should properly be made to any previous payment

certificate.

25.4 The Pro3ect Ianager may %ithhold the cost of rectification or replacementuntil such rectification or replacement has been completed, if any thing

supplied or %ork done by the 'ontractor is not in accordance %ith the

'ontract.

26. a&ents to te

Contractor

26.1 The Procuring Entity shall pay the 'ontractor in 6angladesh Takacurrency, the amounts certified by the Pro3ect Ianager after due

ad3ustments.

27. Co&pensation "vents 27.1 The follo%ing shall be 'ompensation Events9

(a The Procuring Entity does not give access to or possession of

the Site or part of the Site by the Site Possession Date stated in

the #'' Sub 'lause 5."-

(b #round conditions are substantially more adverse than could

reasonably have been assumed before issuance of the

>otification of +%ard-

(c ?ther 'ontractors, public authorities, utilities, or the Procuring

Entity do not %ork %ithin the dates and other constraints stated

in the 'ontract, and they cause delay or e&tra cost to the

'ontractor-

(d The Pro3ect Ianager unreasonably delays issuing a

'ompletion 'ertificate-(e The Pro3ect Ianager instructs the 'ontractor to uncover or to

carry out additional tests upon %ork, %hich is then found to

have no Defects-

(f ?ther 'ompensation Events described in the 'ontract or

determined by the Pro3ect Ianager in the CC shall apply

27.2 2f a 'ompensation Event %ould cause additional cost or %ould prevent the%ork being completed before the 2ntended 'ompletion Date, the 'ontract

price shall be increased and8or the 2ntended 'ompletion Date shall be

e&tended.

28. ?etention 'one 28.1 The Procuring Entity shall retain from each progressive payment due to the'ontractor at the percentage specified in the CCuntil completion of the

%hole of the Works under the 'ontract.

28.2 ?n completion of the %hole of the Works, the first half the total amountretained under #'' Sub 'lause !0." shall be repaid to the 'ontractor and

the remaining second half after the Defects :iability Period has passed.

28.3 2f the provision of etention Ioney is not included in this 'ontract theseSub 'lauses shall not apply e&cept the relevant ones.

29. %iAuidated Da&a#es 29.1 The 'ontractor shall be liable to pay :i$uidated Damages or in other%ords the Delay Damages to the Procuring Entity at the rate per day as

specified in the CCfor each day of delay from the 2ntended 'ompletion


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Date, for the uncompleted Works or for any part thereof.

29.2 The total amount of :i$uidated Damages shall not e&ceed the amountdefined in the CC.

29.3 Payment of :i$uidated Damages by the 'ontractor shall not relieve the'ontractor from its obligations.

30. erfor&ance Securit 30.1 The Performance Security furnished at the time of signing of the 'ontract+greement, shall be substituted by a ne% Security covering fifty (5

percent of the amount of the Performance Security to cover the Defects

:iability Period.

30.2 The Procuring Entity may claim against the security if any of the follo%ingevents occurs for fourteen ("* days or more.

(a) The 'ontractor is in breach of the 'ontract and the Procuring

Entity has duly notified him or her - and

(b) The 'ontractor has not paid an amount due to the Procuring

Entity and the Procuring Entity has duly notified him or her.

30.3 2n the event the 'ontractor is liable to pay compensation under the'ontract amounting to the full value of the Performance Security or more,

the Procuring Entity may call the full amount of the Performance Security.

30.4 2f there is no reason to call the Performance Security, the PerformanceSecurity shall be discharged by the Procuring Entity and returned to the

'ontractor not later than t%entyeight (!0 days after the Defects :iability

Period has passed.

E. Completion of Contract

31. Co&pletion 31.1 The 'ontractor shall apply by notice to the Pro3ect Ianager for issuing a'ompletion 'ertificate of the Works, and the Pro3ect Ianager shall do so

upon deciding that the %ork is completed.

32. Co&pletion Certificate

and Ta8in# ver

32.1 The Pro3ect Ianager shall, %ithin fourteen ("* days after receiving the'ontractor1s application stated under #'' Sub 'lause 4"."-

(a issue the 'ompletion 'ertificate to the 'ontractor, stating the

date on %hich the Works or part thereof %ere completed in

accordance %ith the 'ontract, e&cept for any minor outstanding%ork and defects %hich may not substantially affect the use of

the Works or part thereof for their intended purpose (either

until or %hilst this %ork is completed and these defects are

remedied- or

(b re3ect the application, giving reasons and specifying the %ork

re$uired to be done by the 'ontractor to enable the 'ompletion

'ertificate to be issued. The 'ontractor shall then complete this

%ork before issuing a further notice under this Sub 'lause.

32.2 The Procuring Entity shall Take?ver the Site and the Works %ithin fifteen("5 days of the Pro3ect Ianager issuing a 'ompletion 'ertificate under


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#'' Sub 'lause 4!." .

33. +&end&ent to Contract 33.1 The amendment to 'ontract shall generally include e&tension of time to the2ntended 'ompletion Date, increase or decrease in original 'ontract price

and any other changes acceptable under the conditions of the 'ontract.

34. Final +ccount 34.1 The 'ontractor shall submit %ith a detailed account of the total amountthat the 'ontractor considers payable under the 'ontract to the Pro3ect

Ianager before the end of the Defects :iability Period.

34.2 The Pro3ect Ianager shall certify the Final a&ent%ithin thirty days(4 days of receiving the 'ontractor1s account if the payable amount

claimed by the 'ontractor is correct and the corresponding %orks are

completed.

34.3 2f it is not, the Pro3ect Ianager shall issue %ithin thirty (4 days a Defects%ia$ilit Sceduleunder #'' Sub 'lause "7." that states the scope of the

corrections or additions that are necessary.

35. ?elease fro&

erfor&ance

35.1 2f any event or circumstance outside the control of the parties (including,but not limited to, Force 'aeure arises %hich makes it impossible or

unla%ful for either or both parties to fulfil its or their contractual

obligations or %hich, under the la% governing the 'ontract, entitles the

parties to be released from further performance of the 'ontract, then upon

notice by either party to the other party of such event or circumstance9

(a the parties shall be discharged from further performance, %ithout

pre3udice to the rights of either party in respect of any previous

breach of the 'ontract.

F. Termination and Settlement of Disputes


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36. Ter&ination 36.1 Ter&ination for Default

(a) The Procuring Entity or the 'ontractor, %ithout pre3udice to

any other remedy for breach of 'ontract, by giving t%enty

eight (!0 days %ritten notice of default to the other party, may

terminate the 'ontract in %hole or in part if the other party

causes a fundamental breach of 'ontract.

(b) @undamental breaches of the 'ontract shall include, but shall

not be limited to, the follo%ing9

(i the 'ontractor stops %ork for t%entyeight (!0days

%hen no stoppage of %ork is sho%n on the current

Programme and the stoppage has not been authori=ed by

the Pro3ect Ianager-

(ii the Pro3ect Ianager gives >otice that failure to correct a

particular Defect is a fundamental breach of 'ontract

and the 'ontractor fails to correct it %ithin a reasonable

period of time determined by the Pro3ect Ianager-(iii the 'ontractor has delayed the completion of the Works

by the number of days for %hich the ma&imum amount

of :i$uidated Damages can be paid, as specified in

#'' Sub 'lause !7.!-

(iv the 'ontractor has subcontracted the %hole of the Works

or has assigned the 'ontract %ithout the re$uired

agreement and %ithout the approval of the Pro3ect

Ianager-

(v the 'ontractor, in the 3udgment of the Procuring Entity

has engaged in corrupt or fraudulent practices as

defined in #'' 'lause !, in competing for or ine&ecuting the 'ontract.

37. a&ent upon

Ter&ination

37.1 2f the 'ontract is terminated because of a fundamental breach of 'ontractunder #'' Sub 'lause 4)."." by the 'ontractor, the Pro3ect Ianager shall

issue a certificate for the value of the Works done and Plant and Iaterials

ordered less advance payments received up to the date of the issue of the

certificate and less the amount from percentage to apply to the contract

value of the %orks not completed, as indicated in the CC.

38. ropert 38.1 +ll Iaterials on the Site, Plant, E$uipment, Temporary Works, and Worksshall be deemed to be the property of the Procuring Entity if the 'ontract is

terminated because of the 'ontractor1s default. .

G. Disputes and Arbitration

39. Settle&ent of Disputes 39.1 +&ica$le settle&ent

The procuring Entity and the 'ontractor shall use their best efforts to

settle amicably all possible disputes arising out of or in connection %ith

this 'ontract or its interpretation.

39.2 +r$itration


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(a 2f the parties are unable to reach a settlement as per #'' 'lause

47." %ithin t%entyeight (!0 days of the first %ritten

correspondence on the matter of disagreement, then either

party may give notice to the other party of its intention to

commence arbitration.

(b The arbitration shall be conducted in accordance %ith the

+rbitration +ct (+ct o 1 of 0GG1 of 6angladesh as at present

in force and in the place sho%n in the CC.


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Section . articular Conditions of Contract

Instructions for completing the Particular Conditions of Contract are provided in italics in parenthesis for the

relevant GCC Clauses.

CC Clause+&end&ents of, and Supple&ents to, Clauses in te eneral Conditions of

Contract

CC 1.1(d) The 'ontractor is

CC 1.1(t) The Procuring Entity is Elclassico construction firm.

+ddress9 4/8!, Eskaton #arden oad, amna, Dhaka".

CC 1.1(u) The Pro3ect Ianager is E&ecutive Engineer, Elclassico construction firm.


CC 1.1(v) The Site is located at Iirpur D?JS and is defined in dra%ings >o9 +ttached

CC 1.1(aa) The Works consist of 'onstruction of an one Storied esidential 6uilding

CC 7.1 () ?ther documents forming part of the 'ontract are-

".+FGH approved construction %ork licence

!.Photocopy of paychecks of a similar construction %ork

CC .1 Possession of the Site to the 'ontractor shall be given on the follo%ing date- ! th

Fuly,!"4

CC 1G.1 The Start Date shall be "st+ugust ,!"4

CC 11.1 The 2ntended 'ompletion Date for the %hole of the Works shall be "st@ebruary,!"*

CC 10.1 The 'ontractor shall submit a Programme for the Works %ithin "5 days of signing the


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'ontract.

CC [email protected] The Defects :iability Period is 1 months

CC 0G.0 The 'ontract price is [insert the amount]

CC 02.1(f) The follo%ing additional events shall also be the 'ompensation Events9 >one

CC 04.1 The proportion of payments to be retained is1!percent.

CC [email protected] The amount of :i$uidated Damages or in other %ords Delay Damages is .5 percent of

final 'ontract priceof the uncompleted Works or any part there ofit1s per day of delay.

CC [email protected] The ma&imum amount of :i$uidated Damages for the uncompleted Works or any part

thereof is " percent of the final 'ontract price of the %hole of the Works.

CC 72.1 The percentage to apply to the contract value of the %orks not completed, representing

the Procuring Entity1s additional cost for completing the uncompleted Works, is "5

percent.

CC [email protected]($) The arbitration shall be conducted in the place mentioned belo%9 4/8!, Eskaton #arden

oad, amna, Dhaka".


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Tender Su$&ission %etter (For& /0!1)

To9 E&ecutive Engineer Elclassico construction firm.


Date 9

2nvitation for Tender >o9 T+48"!"48*48''D Tender Package >o9 >8+

:ot >o9 Single lot

2n accordance %ith 2TT 'lauses "4, the follo%ing prices apply to our Tender9

The Tender Price is9

(2TT 'lause "4

Ta$a [state amount in figures]

and Ta$a[state amount in #ords]

2n signing this letter, and in submitting our Tender, %e also confirm that9

(a our Tender shall be valid for the period stated in the Tender Data Sheet (2TT Sub 'lause ")." and

shall remain binding upon us and may be accepted at any time before the e&piration of that period-

(b a Tender Security is attached in the form of a [pa% order& 'an$ draft& 'an$ guarantee] in the amou

stated in the Tender Data Sheet (2TT Sub 'lause "/." and valid for a period of t%enty eight (!0

days beyond the Tender validity date-

(c if our Tender is accepted, %e commit to furnishing a Performance Security %ithin the time state

under 2TT Sub 'lause 4/.! in the amount stated in the Tender Data Sheet (2TT Sub 'lause 4/." an

valid for a period of t%enty eight (!0 days beyond the date of issue of the 'ompletion 'ertificate

the Works-

(d %e have e&amined and have no reservations to the Tender Document, issued by you on [insert date]

(e We, declare that %e are eligible to participate in this Tender and meet the eligibility criteria specifie

in the Tender Document (2TT 'lause 4-

(f furthermore, %e are a%are of 2TT 'lause !.! concerning such practices and pledge not to indulge

such practices in competing for or in e&ecuting the 'ontract

(g We are not participating as Tenderers in more than one Tender in this Tendering process. W

understand that your %ritten >otification of +%ard shall constitute the acceptance of our Tender an

shall become a binding 'ontract bet%een us, until a formal 'ontract is prepared and e&ecuted-

Signature9 [insert signature of authorised representative of

the Tenderer]

>ame9 [insert full name of signator% #ith )ational ID)um'er]


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2n the capacity of9 [insert capacit% of signator%]

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

+ttac&ent 19 Written confirmation authorising the above signatory (ies to commit the Tenderer

L2TT Sub 'lause "!."M


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2n order to confirm the above statements the Tenderer shall submit, as applicable, the documents

mentioned in 2TT Sub 'lause "5."(a, (b (c.

!.* 'ontact Details L2TT Sub 'lause "5." (d (e

>ame, address, and other contact details of Tenderer1s 6ankers and other Procuring Entity(s

that may provide references, if contacted by this Procuring Entity

Ban8 uarantee for Tender Securit (For& /0!7)

2nvitation for Tender >o9 T+ 48"!"48*48''D 48"!

:ot >o9Single lot

To9 E&ecutive Engineer,El classico 'onstruction firms

T"D"? =+?+T"" o:

We have been informed that [name of Tenderer](hereinafter called Athe TendererB intends to submit to

you its Tender dated [date of Tender](hereinafter called Athe TenderB for the e&ecution of the Works of

[description of #or$s]under the above 2nvitation for Tenders (hereinafter called Athe 2@TB.

@urthermore, %e understand that, according to your conditions, the Tender must be supported by a 6ank

#uarantee for Tender Security.

+t the re$uest of the Tenderer, %e [name of 'an$]hereby irrevocably undertake to pay you, %ithout cavil

or argument, any sum or sums not e&ceeding in total an amount of Tk [insert amount in figures and

#ords]upon receipt by us of your first %ritten demand accompanied by a %ritten statement that the

Tenderer is in breach of its obligation(s under the Tender conditions, because the Tenderer9

a. has %ithdra%n its Tender after opening of Tenders but %ithin the validity of the Tender

Security- or

b. refused to accept the >otification of +%ard (>?+ %ithin the period as stated under 2TT- or

c. failed to furnish Performance Security %ithin the period stipulated in the >?+- or

d. refused to sign the 'ontract +greement by the time specified in the >?+- or

e. did not accept the correction of the Tender price follo%ing the correction of the arithmetic

errors as stated under 2TT.

This guarantee %ill e&pire

(a if the Tenderer is the successful Tenderer, upon our receipt of a copy of the 'ontract

+greement signed by the Tenderer or a copy of the Performance Security issued to you in

accordance %ith the 2TT- or

!7* P a g e


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31/35

otification of +9ard (For& /0!)

'ontract >o9 Date9

To9

[)ame of Contractor]

This is to notify you that your Tender dated [insert date]for the e&ecution of the Works for [name of

proect&Contract]for the 'ontract Price of Tk [state amount in figures and in #ords] , as corrected

and modified in accordance %ith the 2nstructions to Tenderers, has been approved by [name of

Procuring /ntit%].

Cou are thus re$uested to take follo%ing actions9

i. accept in %riting the >otification of +%ard %ithin seven (/ %orking days of its

issuance pursuant to 2TT Sub 'lause 4)."

ii. furnish a Performance Security in the amount of Tk [state amount in figures and

#ords] +%ithin seven (/ %orking days of acceptance of this >otification of +%ard but

not later than ,specif% date"+in accordance %ith 2TT 'lause 4/.!

iii. sign the 'ontract %ithin fourteen ("* %orking days of issuance of this >otification of

+%ard but not later than ,specif% date"+in accordance %ith 2TT Sub 'lause *."

Cou may proceed %ith the e&ecution of the Works only upon completion of the above tasks. Cou may alsoplease note that this >otification of +%ard shall constitute the formation of this 'ontract %hich shall

become binding upon you.

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

Signed

Duly authorised to sign for and on behalf of

[name of Procuring /ntit%]

Date9

4"* P a g e


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Contract +#ree&ent (For& /0!)

TJ2S +#EEIE>T made the (day day of bet%een [name and address of Procuring /ntit%](hereinafter

called Athe Procuring EntityB of the one part and [name and address of Contractor](hereinafter called

Athe 'ontractorB of the other part9

WJEE+S the Procuring Entity invited Tenders for certain %orks, vi=, ['rief description of #or$s]and

has accepted a Tender by the 'ontractor for the e&ecution of those %orks in the sum of Taka [Contract

price in figures and in #ords](hereinafter called Athe 'ontract PriceB.

>?W TJ2S +#EEIE>T W2T>ESSETJ +S @?::?WS9

". 2n this +greement %ords and e&pressions shall have the same meanings as are respectively

assigned to them in the #eneral 'onditions of 'ontract hereafter referred to.

!. The documents forming the 'ontract shall be interpreted in the follo%ing order of priority9

(a the signed 'ontract +greement

(b the >otification of +%ard(c the completed Tender and the appendices to the Tender(d the Particular 'onditions of 'ontract

(e the #eneral 'onditions of 'ontract

(f the Technical Specifications

(g the #eneral Specifications

(h the Dra%ings

(i the priced 6ill of ;uantities and the Schedules

(3 any other document listed in the P'' forming part of the 'ontract.

4. 2n consideration of the payments to be made by the Procuring Entity to the 'ontractor as

hereinafter mentioned, the 'ontractor hereby covenants %ith the Procuring Entity to e&ecute and

complete the %orks and to remedy any defects therein in conformity in all respects %ith theprovisions of the 'ontract.

*. The Procuring Entity hereby covenants to pay the 'ontractor in consideration of the e&ecutionand completion of the %orks and the remedying of defects therein, the 'ontract Price or such

other sum as may become payable under the provisions of the 'ontract at the times and in the

manner prescribed by the 'ontract.

2> W2T>ESS %hereof the parties hereto have caused this +greement to be e&ecuted in accordance %ith

the la%s of 6angladesh on the day, month and year first %ritten above.

4!* P a g e


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@or the Procuring Entity @or the 'ontractor

Signature9

>ame9

>ational 2D >o.

Title9

2n the presence of

>ame9

+ddress9

44* P a g e


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Ban8 uarantee for erfor&ance Securit (For& /0!6)

[This is the format for the Performance Securit% to 'e issued '% a scheduled 'an$ of Bangladesh in

accordance #ith ITT Clauses 0+ 0- 2 03]

'ontract >o9 Linsert reference numberM Date9 Linsert dateM

To9

L insert >ame and address of Procuring EntityM

"?F?'+C" =+?+T"" o:

We have been informed that [name of Contractor](hereinafter called Athe 'ontractorB has undertaken,

pursuant to 'ontract >o [insert reference num'er of Contract] dated [insert date of Contract](hereinafter

called Athe 'ontractB, the e&ecution of %orks [description of #or$s]under the 'ontract.

@urthermore, %e understand that, according to your conditions, the 'ontract must be supported by a 6ank

#uarantee for Performance Security.

+t the re$uest of the 'ontractor, %e [name of 'an$]hereby irrevocably undertake to pay you, %ithout

cavil or argument, any sum or sums not e&ceeding in total an amount of Tk [insert amount in figures and

in #ords]upon receipt by us of your first %ritten demand accompanied by a %ritten statement that the

'ontractor is in breach of its obligation(s under the 'ontract conditions, %ithout you needing to prove or

sho% grounds or reasons for your demand of the sum specified therein.

This guarantee is valid until [date of validit% of guarantee] , conse$uently, %e must receive at the abovementioned office any demand for payment under this guarantee on or before that date.

Signature Signature

4** P a g e


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El-classico Main Document

Documents

Transcript of El-classico Main Document