GOVERNMENT OF THE PEOPLE’S REPUBLIC OF ... - 0201a-RP2...THE PROCEDURES FOR IMPLEMENTATION OF THE PPR, 2003 0201a - RP2 Procedures PRINTED VERSION (Sep 2004)_ext iiI strongly believe

GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH

The Procedures For Implementation of

The Public Procurement Regulations 2003

Central Procurement Technical Unit Implementation Monitoring and Evaluation Division

Ministry of Planning

September 2004 RP2

THE PROCEDURES FOR IMPLEMENTATION OF THE PPR, 2003

0201a - RP2 Procedures PRINTED VERSION (Sep 2004)_ext i

PREFACE Procurement is a specialised subject which requires a high degree of knowledge and skill of those who are engaged in procurement of goods, works and services. Absence of adequate rules, procedures and other standard documents in Bangladesh has created serious problems in the implementation of procurement functions. The procurement practices followed until the issue of the Public Procurement Regulations, 2003 dated back to 1930s when the ‘Manual of Office Procedure (Purchase)’ was first issued and amended last in 1977. In 1992, ERD issued ‘Guidelines for Procurement of Goods and Works Financed Under Project Aid’ and ‘Guidelines For Employment of Consultants by the Government of Bangladesh’. Both these were based on World Bank documents, neither of which comprehensively deal with the diverse procurement issues nor have been updated in line with modern procurement practices. Prior to the introduction of the Public Procurement Regulations there were no nationally applicable uniform comprehensive procurement regulations or procedures. Consequently, procurement under local funding has been performed in a somewhat haphazard fashion leading to delays in decision making and wastage of public resources. 2. With the assistance of IDA, the Government of Bangladesh embarked upon the task of reforming the procurement regime in the country in line with modern procurement practices. As a result, the Public Procurement Regulations, 2003 were published in the official gazette on 1st October 2003 giving them immediate effect. The Regulations are now being used throughout the country for procurement of goods, works and services in the public sector. 3. The Public Procurement Regulations, 2003 outlines the principles to be followed by all the public sector Procuring Entities. Therefore, there is a need for providing necessary interpretations, clarifications, instructions and examples in order to make the Regulations intelligible and user friendly. The Procedures for Implementation of the Public Procurement Regulations 2003 have provided these. The Procedures are expected to immensely help the Procuring Entities in the public sector and their relevant officers to apply the Regulations correctly and with full confidence. The Procedures are also accompanied by standard forms, Guidance Notes, check lists and flow charts for clear understanding of the Regulations. The clarifications, explanations and examples given in the Procedures are expected to dispel all doubts and queries that may arise in the minds of a Procurement Officer in applying the Regulations. Compliance with the Procedures along with the Regulations is a mandatory requirement for all Procuring Entities. 4. It may be noted that, for the first time uniform Procurement Regulations and the Procedures have been prepared and issued for use by all concerned. This is a great achievement for the Government of Bangladesh, introducing reform with a view to improving governance in the area of procurement. The new Regulations and the Procedures will, no doubt, go a long way in ensuring accountability, transparency and fair competition. I am optimistic that the reformed procurement system will bring in efficiency and speed in disposal of procurement cases and help timely implementation of the projects, be it in development or non-development area. The Government has decided that the Regulations and the Procedures should be followed by all Procuring Entities for both development and non-development procurement maintaining uniformity in public procurement practices across the public sector. All officers of Procuring Entities (Ministries/Divisions/Autonomous bodies/Corporations and other Public bodies) must study the Procedures carefully and follow these meticulously. It is for the first time that Procedures have been prepared detailing valuable and useful information. In the present global scenario nothing is static, events are moving quickly, so should there be a further need, the Procedures may be further improved/modified depending on the requirements of time and that of the Procuring Entities.


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I strongly believe that it will enhance the knowledge and skills of procurement officers and ensure their tasks are easier in applying the Regulations. 5. My grateful thanks to the Honourable Minister for Finance and Planning and the Honourable State Minister for Finance and Planning for according priority to this work, suggesting improvement in the Procedures and always inspiring and guiding the IMED/CPTU in the reform activities. I would also like to thank the members of the Steering Committee constituted by the Government and to those procurement experts who have commented at the draft stage of preparation of this document, for their valuable contributions in developing the Procedures. 6. I acknowledge with thanks, the efforts of the CPTU and the International Training Centre (Turin) of the ILO (ITC-ILO) and all other persons and officials who were involved in its preparation. They have, indeed, done a commendable job. Manik Lal Somaddar Secretary IMED


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TABLE OF CONTENTS

INTRODUCTION TO THE PUBLIC PROCUREMENT PROCEDURES ............................................1 PREAMBLE 3 CHAPTER I. GENERAL PROVISIONS.......................................................................................3

Regulation 1. Short title, Commencement and Purpose of the Regulations.........................3 Regulation 2. Definitions .......................................................................................................4 Regulation 3. Scope of application........................................................................................9 Regulation 4. International obligations ..................................................................................9

CHAPTER II. ORGANISATION OF PUBLIC PROCUREMENT ................................................10

Regulation 5. Procuring Entities..........................................................................................10 Regulation 6. Policy formulation, co-ordination, monitoring and improvement...................10 Regulation 7. Consultative Committee on public procurement ...........................................13

CHAPTER III. BASIC PROCUREMENT RULES ........................................................................14

Regulation 8. Public accessibility of legal texts...................................................................14 Regulation 9. Records of procurement ...............................................................................14 Regulation 10. Eligibility and non-discrimination....................................................................16 Regulation 11. Form of communication .................................................................................16 Regulation 12. Qualification of Tenderer................................................................................17 Regulation 13. Technical specifications .................................................................................23 Regulation 14. Rejection of all tenders, proposals and quotation..........................................24 Regulation 15. Corrupt, Fraudulent, Collusive or Coercive Practices....................................26

CHAPTER IV. CHOICE OF PROCUREMENT METHOD ............................................................27

Regulation 16. Open Tendering Method ................................................................................27 Regulation 17. Conditions for use of Restricted Tendering Method ......................................31 Regulation 18. Conditions for use of Direct Procurement Method.........................................31 Regulation 19. Conditions for use of Two-Stage Tendering Method .....................................33 Regulation 20. Conditions for use of Request for Quotations Method...................................34

CHAPTER V. NATIONAL OPEN TENDERING METHOD .........................................................35

Regulation 21. Advertisements ..............................................................................................35 Regulation 22. Invitation for Pre-qualification.........................................................................36 Regulation 23. Pre-qualification documents...........................................................................37 Regulation 24. Invitation for tender ........................................................................................40 Regulation 25. Tender documents .........................................................................................42 Regulation 26. Provision of tender documents ......................................................................44 Regulation 27. Modifications to tender documents ................................................................45 Regulation 28. Tender validity and Tender security...............................................................46 Regulation 29. Submission and receipt of tenders.................................................................48 Regulation 30. Opening of tenders ........................................................................................48 Regulation 31 Examination and evaluation of tenders..........................................................49 Regulation 32. Process to be confidential..............................................................................56 Regulation 33. Negotiation and modification of Tender .........................................................56 Regulation 34. Post-Qualification...........................................................................................56 Regulation 35. Approval of contract award ............................................................................57 Regulation 36. Notification of award and signing of contract .................................................58

CHAPTER VI. OTHER PROCUREMENT METHODS.................................................................59

Regulation 37. Restricted Tendering Method.........................................................................59 Regulation 38. Direct Procurement Method ...........................................................................60 Regulation 39. Two-Stage Tendering Method .......................................................................61 Regulation 40. Request for Quotations Method.....................................................................63


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CHAPTER VII. USE OF INTERNATIONAL COMPETITION ........................................................65 Regulation 41. Open tendering with international competition...............................................65 Regulation 42. Other procuring methods with international competition ...............................68

CHAPTER VIII. REQUEST FOR PROPOSALS (RFP) METHOD .................................................69

Regulation 43. Conditions for use of Request for Proposal method......................................69 Regulation 44. Request for Expressions of Interest (EOI) .....................................................69 Regulation 45. Preparation of short list ..................................................................................70 Regulation 46 Request for proposal......................................................................................71 Regulation 47. Sub-methods of selection and conditions for use ..........................................74 Regulation 48. Receipt of proposals and proposal evaluation...............................................81 Regulation 49. Negotiation and contract award for proposals ...............................................86

CHAPTER IX. COMPLAINTS AND APPEALS ...........................................................................87

Regulation 50. Right to complain ...........................................................................................87 Regulation 51 Complaints to the administrative authority.....................................................88 Regulation 52. The Review Panel ..........................................................................................90 Regulation 53. Complaint to the Review Panel......................................................................90 Regulation 54. Suspension of procurement proceedings ......................................................92 Regulation 55. Assistance provided by CPTU to review panel..............................................92

CHAPTER X. PROCUREMENT POST REVIEW........................................................................95

Regulation 56. Independent procurement review ..................................................................95 CHAPTER XI. APPROVAL PROCEDURE AND DELEGATION OF FINANCIAL POWERS ..95

Regulation 57. Approval Procedure and Delegation of Financial Powers .............................95 CHAPTER XII. REPEALS AND SAVINGS...................................................................................96

Regulation 58. Repeal and saving .........................................................................................96 CHAPTER XIII. INTERPRETATION AND IMPLEMENTATION....................................................96

Regulation 59. Interpretation and Implementation .................................................................96 Appendix A: Schedule of Times and values currently in Force..........................................98 Appendix B: Records of Procurement to be maintained by a Procuring Entity................100 Appendix C: Formats and Guidance Notes on Preparations of Procurement Plan. ........104 Appendix D: Format for Invitations (taken from STD’s & RFP’s)......................................112 Appendix E Standard Format for Reporting Contract Award to the CPTU .....................120 Appendix F: Flow chart for procurement under Open Tendering Method .......................121 Appendix G1: Flow chart for procurement under Restricted Tendering Method ................122 Appendix G2: Flow chart for procurement under Direct Procurement Method ..................123 Appendix G3: Flow chart for procurement under Two-Stage Tendering Method...............124 Appendix G4: Flow chart for procurement under Request for Quotation Method ..............125 Appendix H: Employment of Consultants .........................................................................126 Appendix I: Employment of Bangladeshi Nationals as individual Consultants ...............128 Appendix J: Terms and Conditions of Employment of Government...................................... Servants and Employees of Local Authority. ...............................................130 Appendix K1: Flow Chart for Selection of Consultants under QCBS Sub-Method………..132 Appendix K2: Flow Chart for Selection of Consultants under SFB Sub-Method………….133 Appendix K3: Flow Chart for Selection of Consultants under LCS Sub-Method………….134 Appendix K4: Flow Chart for Selection of Consultants under SSS Sub-Method………….135 Appendix L: Flow chart for lodging Complaints and Appeals……………………………...136


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INTRODUCTION TO THE PUBLIC PROCUREMENT PROCEDURES Intended Users The instructions for processing procurement activities contained herein are referred to as “the Procedures” and are issued to all Procuring Entities that use public funds for undertaking public procurement in accordance with the Public Procurement Regulations 2003, referred to hereinafter as “the Regulations”. Objective The objective of the Procedures is to supplement the Regulations by providing additional necessary interpretations, information, clarification and instructions where necessary so that the Procuring Entities can follow appropriate processes for effective implementation of the various activities required for procurement of goods, works and services. The Procedures also include Guidance Notes and formats to be used by all Procuring Entities for implementation of public procurement in Bangladesh. Adherence to the Procedures is a mandatory requirement for all public Procuring Entities when they are undertaking procurement using public funds in order to ensure their compliance with the Regulations. In addition, the Procedures incorporate the financial thresholds (as given in Regulations: Appendix A) which are to be observed by Procuring Entities when they are selecting the method of procurement to be used for specific requirements. With regard to the levels of authority for the approval of procurement contract, users of the Procedures shall refer to the Procurement Processing and Approval Procedures (PPAP) and the Delegation of Financial Powers (DOFP) issued by the Government. The Procedures have been prepared as a ‘back-to-back document’ with the Public Procurement Regulations 2003 and reflect exactly the structure and Chapter/Clause numbering of the Regulations. Furthermore, where it is considered that the text of the Regulations requires no further instructions and/or clarifications, it has been repeated verbatim in the Procedures. This is to ensure that the Procedures provide a complete explanation and similar structural composition of the Regulations. However in doing so, it has become necessary to repeat some of the explanations, clarifications and interpretations in more than one place. The Procedures have added explanatory notes and examples to help users in interpreting the Regulations and make use of them. For facilitating the application of the Regulations, the Procedures have incorporated standard forms to be used by the Procuring Entities along with Guidance Notes, check lists and flow charts that have been attached as Appendices. However, those forms and Guidance Notes which are already contained in the Standard Tender Documents (STDs), Request for Proposals (RFPs) or User Guides have not been included in the Procedures to avoid duplication.



Should any Procuring Entity feel that there is ambiguity arising between the Regulations and the Procedures, they may contact CPTU for an explanation, and/or guidance at the following address: Office of the Director General, Central Procurement Technical Unit (CPTU) Implementation Monitoring and Evaluation Division (IMED) Ministry of Planning, Block # 12 (2nd Floor) Sher-e-Bangla Nagar, Dhaka-1207. Phone : (880-2) 9144252-3 Fax : (880-2) 9144250, 9144249 E-mail : [email protected] Website: www.cptu.gov.bd

This document is a Government document and as such it is only available in printed form from the CPTU, or it may be downloaded from their website www.cptu.gov.bd. It shall not be otherwise copied, printed or reproduced in any other format, nor shall it be translated into any language by any person, firm or authority other than by CPTU. Sale of this document is not permitted by any person, firm or organisation unless authorised by CPTU.

March 2004 Original Issue September 2004 Updated in line with the STD’s & RFP’s & new Webpages



PREAMBLE

The Government of the People's Republic of Bangladesh considers it is necessary to regulate and improve the way in which the public procurement of goods, works and services is undertaken. In order to improve the procurement system, the Government has introduced The Public Procurement Regulations, 2003. The purpose of the Preamble is to state the ways in which the Regulations shall improve public procurement in Bangladesh. These are to:

(a) ensure procurement is conducted in the most efficient manner possible;

(b) encourage competition between persons and/or firms who are willing to supply/provide goods and services and undertake works in the public sector;

(c) ensure that all persons and firms, who are working in the public sector, are treated equally;

(d) ensure that public sector procurement is implemented fairly;

(e) improve business opportunities within the country; and

(f) introduce the Regulations and the Procedures which shall apply to all persons, firms and government departments and other agencies involved in public procurement.

The Regulations and the Procedures when used together should ensure that all procurement activities are performed in an appropriate manner and that Procuring Entities, government officials/agencies, Applicants, Tenderers, Suppliers, Contractors, Consultants, persons or firms involved in procurement shall be fully accountable for their actions. The Regulations and the Procedures also state the actions to be taken in the event of non-compliance by any involved party. CHAPTER I. GENERAL PROVISIONS Regulation 1. Short title, Commencement and Purpose of the Regulations (1) The title of the Regulations is: 'The Public Procurement Regulations, 2003'. The

Regulations shall supersede all existing orders, instructions, and directions on public procurement by whatsoever name called.

(2) The Government in the Official Gazette dated 1st October 2003 made the Regulations effective with immediate effect.

(3) There are two main purposes as to why the Government has introduced the Regulations:

- to ensure that public procurement promotes value-for-money; and

- to ensure that public procurement is carried out fairly, openly and without discriminating against any person or firm.



Regulation 2. Definitions “Applicant” means a person who wishes to become pre-qualified in response to an Invitation for Pre-qualification or to be considered for enlistment as a potential Tenderer for the purposes of the Restricted Tendering Method or to be short-listed in response to a request for Expressions of Interest. If successful in its submission of application the “Applicant” will become either a “Tenderer” or a “Consultant”. In this context, a person in addition to a specific individual also means a firm, company, association or any other organisation. “approving authority” means the authority who makes decision on an award of procurement contract under the Delegation(s) of Financial Powers or an authority/officer authorised by the Head of a Procuring Entity under such delegation to take decision on award of procurement contract. Note : This term is not defined in the Regulations and is defined only in the Procedures. “concession contract” means a contract with combined public and private financing for the provision and operation of public utilities and other public services, e.g. construction and commissioning of water treatment plant including distribution of water supply. However, concession contracts may be made with full private financing, the private company or organisation builds and manages the infrastructure facility and operates it at its own commercial risk and also accepts investment obligations. Such contracts are fixed for terms of say 25 or 30 years to allow the operator to recover expended capital. At the end of the contract, the asset may either remain indefinitely with the private company or be transferred back to Government ownership, sometimes at a predetermined price or fee. There are several forms of concession contract, namely: - Build Own Operate (BOO) for which a private Contractor builds, owns and operates a

new facility at its own risk. The Government or public authorities usually provide revenue guarantees through long-term contracts for the purchase of the product/services provided by the Contractor.

- Build Operate Transfer (BOT) for which a private Contractor builds and operates a new facility and then transfers ownership to the Government or public authority at the end of the concession period. The Government or public authorities usually provide revenue guarantees through long-term contracts for the purchase of the product / services provided by the Contractor. There is usually an option in the original contract for the Contractor to purchase the facility.

- Build Own Operate Transfer (BOOT) for which a private Contractor builds, owns and operates a new facility and then transfers ownership to the Government or public authority at the end of the concession period. The Government or public authorities, usually provide revenue guarantees through long-term contracts for the purchase of the product/services provided by the Contractor and shall purchase the facility at the end of the concession period or allow the Contractor to continue to own and operate it, but not necessarily with the previous revenue guarantees. In such cases, a separate contract may be made at the end of the first concession period.

“conflict of interest” means any situation where personal or business interests of any party in a public procurement transaction would adversely affect the interests of a Procuring Entity in achieving best “value for money”, transparency, fairness and/or equitable treatment of Tenderers. For example:



- Procuring Entity officials, who may have an interest, directly or indirectly, with a firm or individual that is tendering for a procurement requirement issued by that entity shall declare any relevant relationship with that firm or individual and consequently not participate in any proceeding concerned with that specific procurement at any stage from setting specifications/qualifications until supply or completion of contractual obligations.

- An individual or a firm, (or its associates or affiliates), which was involved in

preparation of specifications for a particular tender, shall not be eligible to participate in providing the procurement requirements for that particular tender, as it is likely that such earlier involvement will be perceived to, or will actually, result in a biased or non-efficient outcome of the procurement transaction thus adversely impacting on the interest of the Procuring Entity.

- Neither Consultants (including their personnel and sub-Consultants) nor any of their

affiliates shall be hired for any assignment that, by its nature, may be in conflict with another assignment of the Consultants. Consultants hired to prepare engineering design for an infrastructure project shall not be engaged to prepare an independent environmental assessment for the same project, and Consultants assisting a client in the privatization of public assets shall neither purchase, nor advise purchasers of, such assets. Similarly, Consultants hired to prepare Terms of Reference (TOR) for an assignment shall not be hired for the assignment in question.

Note : This term is not defined in the Regulations and is defined only in the Procedures. “CPTU” means the Central Procurement Technical Unit in the Implementation Monitoring and Evaluation Division (IMED) of the Ministry of Planning. “days” means calendar days, unless the text of either the Regulations or the Procedures specifically refers to working days. Generally, the text shall specify working days only if a short period of time, e.g. three (3) days, is required for the completion of a specific activity. In such cases, the activity might not be completed, if a day should be ‘lost’ to an off-day (e.g. Friday or public holiday). “enlistment” means persons and/or firms who are registered by a Procuring Entity as qualified potential Tenderers, maintained on a list and who are eligible to participate in tender for procurement of goods and related services and/or procurement of works and physical services under Restricted Tendering Method. The list and the qualifications of such persons and/or firms are reviewed and updated on an annual basis. Note : This term is not defined in the Regulations and is defined only in the Procedures. “ethics” means the moral principles and rules of conduct that shall be followed and that are applicable to all personnel of a Procuring Entity involved in public procurement. However, these shall also be applicable for Applicants, Tenderers, Suppliers, Contractors and Consultants who are expected to observe the highest standard of ethics during the implementation of procurement proceedings and the execution of subsequent contracts. “framework contract” means a contract between one or more Procuring Entities and one or more Suppliers, the purpose of which is to establish the terms governing orders for the supply of goods and related services to be placed during a given period, in particular with regard to price, and where appropriate, the quantity or quantities envisaged.

“goods” means raw materials, products, equipment, commodities in solid, liquid or gaseous form and electricity, as well as related services such as, insurance, transportation,



installations, maintenance or similar services required for supply of the goods, provided the value of those related services do not exceed the value of the goods.

If a tender requires the provision of goods and related services, the Procuring Entity shall issue the tender stating terms and conditions appropriate for the supply of goods and related services, provided the value of the related services is less than that of the goods.

If the value of the related services exceeds that of the goods, then terms and conditions appropriate for the supply of related services shall be set and additional terms and conditions shall be incorporated to cover the goods component of the tender.

“Government” means the Government of the People's Republic of Bangladesh.

“Head of a Procuring Entity” means the Secretary of a Ministry/Division, the Head of a Government Department/Directorate; or the Chief Executive, by whatever designation called, of an Autonomous/Semi-Autonomous body or Corporation or Local Government agencies e.g. City Corporations, Municipalities.

“in writing” is a means of communication that covers any letter, telex, facsimile, electronic mail, document or form that is either issued by a Procuring Entity to a Applicant, Tenderer, Supplier, Contractor or Consultant or by an Applicant, Tenderer, Supplier, Contractor or Consultant to a Procuring Entity, at any time during procurement.

“person” means any physical or juridical individual (legal entity) or body of individuals or a firm, company or an organisation, whether incorporated or not. It also means Joint Venture, Consortium or Association (JVCA) that consists of associations of two or more firms, both national and foreign or any combination of national and foreign.

“pre-qualification” is a pre-tendering selection process by which a potential Tenderer is invited by a Procuring Entity to submit documentation that shows the person/firm is capable of meeting the requirements of a specific future tender.

“post-qualification” is a process undertaken by a Procuring Entity at the end of the tender evaluation stage to check that the successful Tenderer meets the qualification on the basis of which it was pre-qualified and/or qualification requirements set out in the tender document. Such checks may include physical verification of site and/or plant.

“procedure” means the mandatory procurement implementation requirements framed and issued by the CPTU that will ensure proper compliance with the Regulations by Procuring Entities, Applicants, Tenderers, Suppliers, Contractors and Consultants.

“procurement” is the purchasing, hiring or obtaining of goods, works and services by any contractual means and can be defined in more detail as follows: - ‘procurement of goods’ covers either the purchase or lease, rental or hire purchase,

with or without option to buy, of products whose delivery may also include related services incidental to the goods, provided the value of the related services does not exceed the value of the goods (see definition of 'goods').

- ‘procurement of works’ covers works related to construction, reconstruction or maintenance of a building or structure or any other works corresponding to the requirements specified by a Procuring Entity including associated design services and physical services incidental to the works e.g. drilling, surveys, etc., provided the value of the physical services does not exceed the value of the works (see definition of 'works').

- ‘procurement of services’ covers services of an intellectual and advisory nature,

where the main emphasis in the evaluation process is on the quality of the offers. It



also covers other types of services such as ‘related services’ associated with the purchase of goods and/or “physical services” whereby provision of measurable physical aspects of services predominate and where price is the key evaluation criterion (e.g. operation and maintenance of facilities or plant, transportation, surveys, exploratory drilling, aerial photography and satellite imagery, catering services, security services).

- These non-intellectual and non-advisory services shall be procured in accordance

with the procedures for procurement of goods and/or works as applicable (see definition of 'services' and also definition of 'goods' and 'works').

“Procuring Entity” means Ministries, Divisions, Departments and/or Local Government agencies (e.g. City Corporations, Municipalities, etc.), Corporations, Autonomous, Semi-Autonomous bodies or other units or sub-divisions thereof to the extent that they use public funds for procurement. The units and/or sub-divisions also include development projects and programmes. In such entity an individual or group of individuals, assigned by the Head of a Procuring Entity or an officer authorised by him/her, undertakes the issue, receipt and evaluation of tenders and subsequent award of contracts under the Delegations of Financial Powers.

“proposal” means a submission of an offer by a Applicant in writing for the provision of intellectual and/or professional services that is presented to a Procuring Entity in response to a Request for Proposal (RFP).

The term proposal is used because, unlike most forms of tenders for goods, works and related or physical services, it normally details the manner in which the Applicant ‘proposes’ to undertake the intellectual and/or professional services and tasks described in the RFP which is subject to discussion and negotiation with the concerned Procuring Entity without seeking or permitting any change in the rates quoted for staff remuneration. A proposal can only be submitted in writing in accordance with the instructions contained in the RFP.

“public funds” are funds provided to Procuring Entities under the Government revenue or development budgets or revenues generated by statutory bodies and corporations or aid grants or credits placed at the disposal of Procuring Entities by the development partners through the Government.

“public procurement” means procurement by Procuring Entities using public funds.

“quotation” means the simplified form of obtaining priced offers from a selected number of suitable Tenderers in response to a direct request by a Procuring Entity in order to procure low-value, off-the-shelf, standardised goods and related services and/or works and physical services.

“services” means the procurement of any of the following categories of services: - ‘related services’ are generally linked directly to a supply of goods (e.g. insurance,

transportation, installation, maintenance, etc.). If the value of such services does not exceed the value of goods, then these shall form an inseparable part of the goods.

- ‘physical services’ are those generally linked directly to works and have measurable outputs, e.g., operation and maintenance of facility or plant, surveys, exploratory drilling, aerial photography, satellite imagery, security services during construction/maintenance and other similar services incidental to works. If the value of such services does not exceed the value of works, then these shall form an inseparable part of works. In some cases physical services may be linked with goods also.



- ‘intellectual and professional services’ are those services which provide output of advisory, design and know-how transfer nature rendered by the Consultants.

- 'stand alone services' are those services which can be procured independently without being incidental to goods, works or intellectual and professional services. Such services include catering services, security services, courier services, etc. In such cases a modified RFP document shall be used.

“short-list” is a list of persons and/or firms who are selected to be invited to submit proposals following the evaluation of applications submitted by the persons and/or firms, in response to a request for Expressions of Interest (EOI). Short-lists are used in case the Requests for Proposals for intellectual and/or professional services. Note : This term is not defined in the Regulations and is defined only in the Procedures. “Supplier, Contractor, Consultant” These terms are synonymous depending on the context of the procurement and mean a person or firm under contract with a Procuring Entity to supply goods, works or services respectively. In the Regulations and the Procedures, the words 'Supplier', ‘Contractor’ and ‘Consultant’ have the same meaning and their use is dependent upon the procurement object: ‘Supplier’ is used in relation to the procurement of goods, ‘Contractor’ is used for the procurement of works, and ‘Consultant’ is used for the procurement of intellectual and/or professional services. In the Standard Tender Documents, Request for Quotations (RFQ) and Request for Proposals (RFP), the following definitions are used: - ‘Supplier’ is the Tenderer awarded a contract for the delivery of goods; - ‘Contractor’ is the Tenderer awarded the contract for the performance of works. This

term also includes a management Contractor who does not usually perform the work directly, but contracts-out and manages the work of other Contractors, taking on the full responsibility and risk for price, quality and timely performance of the contract; and

- ‘Consultant’ is the short-listed person or firm who participates in an RFP competition

and receives a contract for the provision of intellectual and/or professional services. “Taka” means the unit of currency of Bangladesh. “tender” means the submission of a tender by the Tenderer in writing to a Procuring Entity in response to an Invitation for Tender (IFT), for the delivery of the goods and related services or performance of works and physical services. A tender can only be submitted in writing, accompanied by a signed letter, in accordance with the instructions contained in the tender document. It cannot be submitted by telex, facsimile or electronic mail. “tender document” means the documents provided by a Procuring Entity to Tenderers as a basis for the preparation of their tenders. The words ‘tender documents’ are used throughout the Regulations and the Procedures and mean the same as ‘bid documents’. “Tenderer” means a physical or juridical person (legal entity) or firm invited to take part in public procurement or seeking to be invited or submitting a tender in response to an



Invitation for Tender (IFT) or a Request for Quotations (RFQ) or submitting a proposal in response to a Request for Proposals (RFP). In the case of an RFP Tenderer generally means Consultant. “Works” means the execution, including associated design services, of works related to construction, reconstruction, repair or maintenance or renovation of a building or structure or any construction works, e.g. highways, site preparation, excavation, installation of equipment and material, decoration, including physical services incidental to the works, provided the value of the physical services does not exceed the value of the works. Regulation 3. Scope of application (1) The Regulations shall apply to all procurements undertaken by Procuring Entities using

public funds, except when a specific waiver is issued by the Government in the interest of national security or national defence, concerning the use of the Regulations. The Government may, by written order issue an exemption from the Regulations for defence or any other procurement which are considered to be the subject of national security. It is desirable, however, that routine civilian purchases by defence organisations (e.g. the Army, BDR, Ansar and the Police Force) are conducted in accordance with the Public Procurement Regulations, 2003.

(2) Any organisation formed under the Company Act that uses public funds allocated to

them by the Government through revenue or development budget shall use the Regulations and the Procedures for any procurement that makes use of such public funds. In all other cases the normal procurement rule of the concerned organisation formed under the Company Act shall apply.

(3) Any person/organisation may use the Regulations and the Procedures for its

procurement activities, provided it clearly states the fact of its adoption in its relevant documentation.

(4) The Regulations and the Procedures do not apply to concession contracts, e.g.

BOO/BOT/BOOT contracts. However, the Government may at any time, if it so decides, apply the Regulations to concession contracts (BOO/BOT/BOOT).

Regulation 4. International obligations (1) If the provision of any agreement signed by the Government of Bangladesh with one or

more countries or international organization(s) comes into conflict with any of the Regulations, the provisions of that agreement shall prevail over the Regulations.

Funds provided to the Government by bilateral or multilateral Development Partners are subject to specific signed agreements. There may be several agreements for each loan, credit or grant, each of which may cover a different aspect of the loan, credit or grant.

In regard to procurement, the key document is the loan, credit or grant agreement itself, as this defines the rules and regulations that shall be followed in respect of procurement. The Procuring Entity shall familiarise itself with the contents of such agreements.

In the event that specific requirements of the development partner’s terms and conditions for such loans, credit or grants contradict the Regulations and the



Procedures, then a Procuring Entity shall follow the development partner’s requirements in those areas where there is a contradiction.

However, prior concurrence of both the Cabinet Division and the IMED shall be obtained before entering into any obligation e.g. loan/credit/grant agreements that permits the non-application of the Regulations, in whole or in part. All Government delegations involved in the preparation, discussion, negotiation or approval of any loan/credit/grant agreement shall take note of this Regulation in particular before signing of any such agreement. This concurrence is therefore to be sought once for each development project i.e. at the time of loan / credit / grant negotiations.

In all other respects, public procurement shall be governed by the Regulations.

CHAPTER II. ORGANISATION OF PUBLIC PROCUREMENT Regulation 5. Procuring Entities (1) The Head of a Procuring Entity, or an officer (nominee) duly authorised by him/her

shall be responsible for ensuring that all procurement decisions and actions taken by a Procuring Entity follow the Regulations and the Procedures. In addition, all procurement decisions and actions taken by the concerned officials shall be in accordance with the Delegation(s) of Financial Powers for undertaking procurement assignments exercising the authority given thereunder. These decisions and actions shall be taken in such a manner that reflects transparency of the process.

For the purpose of effective implementation of the Regulations and the Procedures, all Guidance Notes and instructions issued by the CPTU shall be duly followed.

It is recognised that skills and experience vary between the officials of Procuring Entities for a number of reasons, e.g. physical location of the entity, knowledge, skill and experience of the employees. Also, the value, volume and complexity of procurement being undertaken by a Procuring Entity has an impact upon the qualifications and experience needed by its personnel. Procuring Entities should develop a core group of procurement officials capable of handling procurement functions of the concerned entity.

In general, all persons undertaking procurement using public funds should have received training in procurement, particularly in regard to the application of the Regulations, the Procedures and the Standard Tender Documents/the Standard Request for Proposals.

The CPTU will assist Procuring Entities in all aspects of procurement training.

Regulation 6. Policy formulation, co-ordination, monitoring and improvement (1) Within the Government, the CPTU is responsible for policy formulation, co-ordination,

monitoring and improvement of the public procurement in Bangladesh. (2) In accordance with Regulation 6 (2), the CPTU shall:

(a) monitor compliance with the Regulations and the Procedures and propose any amendment to them or any new laws or regulations regarding public procurement



which appear necessary. In doing so, CPTU shall not only take account of experience gained in monitoring of public procurement in Bangladesh, but shall also keep up to date with standard international practices;

(b) issue procedures as well as guidance and instructions regarding the

interpretation and implementation of the Regulations. Besides, CPTU shall provide advice and assistance to Procuring Entities concerning the Regulations, the Procedures and other documents, such as the Standard Tender Documents, Standard Request for Proposals, when requested to do so by a Procuring Entity. However, the role of the CPTU shall be restricted to advising Procuring Entities on how the Regulations and the Procedures shall be implemented without diminishing their responsibilities. The CPTU shall not have any involvement whatsoever in the proceedings leading to examination, evaluation and/or award of contract concerning individual and/or specific procurement;

(c) prepare standard formats, documents, User Guides and instructions and issue in

connection with public procurement, which shall include, but are not restricted to:

- Standard format for the Procurement Plan, Invitations for Pre-qualification (IFPQ), Invitations for Tender (IFT), request for Expressions of Interest (EOI), contract award notices, Tenderer's profiles and procurement related statistical information;

- Standard Pre-qualification Documents, Standard Tender Documents (STDs), Standard Request for Quotations (RFQs) and Standard Request for Proposals (RFPs);

- User Guides on Pre-qualification, Short listing, examination and evaluation of tenders and proposals; and

- Guidance Notes and instructions concerning the manner in which technical specifications shall be prepared, e.g. list of acceptable technical standards widely in use in Bangladesh and internationally.

(d) prepare and present an Annual Report of the previous financial year and submit

to the Government regarding the overall functioning of the public procurement system. The Report shall contain recommendations on measures to be taken by the Government to revise and improve procurement practices, approval methods and other measures to enhance the quality of procurement work. The Annual Report shall be delivered within seven (7) months from the beginning of the current financial year and shall contain:

- statistics on procurement during the year referring to the number and value of

contracts awarded, the methods of procurement used and for each method, the product category (supply, work, service), and the nationality of the Supplier/Contractor/Consultant (Bangladesh or foreign national);

- summary of Procurement Post Review by the Procuring Entities, in accordance with Regulation 56;

- statistics on staffing and training activity; and

- activities of the CPTU.

For completion of each part of the Report, the following time schedule (from the beginning of the current financial year) shall be followed: - three (3) months for the completion of the statistical report;



- five (5) months for the completion of the summary on independent Procurement Review of the Procuring Entities;

- three (3) months for processing statistics on staffing and training; and - three (3) months for data on CPTU activities.

The CPTU’s Annual Report shall contain Independent Procurement Reviews presented by Procuring Entities for the previous financial year, e.g. the CPTU Annual Report for the Financial Year 2004/05 would include Independent Procurement Reviews from Procuring Entities for the Financial Year 2003/04.

(e) request Procuring Entities to provide, in a timely manner, the information required

for completion of the Annual Report. The CPTU shall advise Procuring Entities of the prescribed format in which this information is to be provided.

(f) develop a public procurement website which shall be structured as follows:

- Useful documents, which will provide, the text of the Regulations, the

Procedures, the User Guides and any new document or instructions issued by the CPTU concerning public procurement and links to relevant international Treaties/Agreements/Regulations e.g. World Trade Organisation (WTO), World Bank (WB), Asian Development Bank (ADB), Asia Pacific Economic Co-operation (APEC) and Association of South-East Asian Nations (ASEAN); and

- Public Procurement Opportunities, in which users should be able to easily access advertisements of Annual Procurement Plans, tender/proposal notices and contract award notices exceeding a threshold value determined by the CPTU for national and international procurement opportunities.

The CPTU Website shall maintain information as follows:

- Statistics, providing the statistical report on procurement conducted in Bangladesh;

- Technical Standards, providing a list of technical standards of reference for helping Procuring Entities to define the product/work/service they intend to acquire;

- Training activities, the advertisement of training programs and online postings of training curricula and activities related to capacity building in procurement;

- Standard forms for use by Procuring Entities for the advertisement of procurement information, the submission of statistical information and the purchaser’s profile to be notified in the Procuring Entities’ websites;

- Debarment list for the advertisement of list of persons or firms ineligible to be awarded a public contract because they have engaged in corrupt, fraudulent, collusive and/or coercive activities prohibited under the Regulation 15. The list will provide the firm’s name, address and the duration of the debarment/ineligibility period;

- List of Contractors / Supplier enlisted by the selected key Procuring Entities; and



- Frequently asked questions and discussion forum on procurement, for the exchange of experiences and practices in the field of public procurement and for expressing views among interested parties (CPTU, Procuring Entities, and the business community).

(g) develop, promote, support and execute training programmes on public procurement including importance of adherence to the highest ethical standard and shall provide technical support to Procuring Entities for the initial and continuing development of their procurement staff.

(h) organise and provide secretarial/logistic support to the Review Panel (Regulation

52: The Review Panel), but shall take no part in the Panel’s decision-making process.

(i) provide technical assistance in the field of public procurement through issue of

technical guidance notes on procurement.

(j) maintain and continuously update a list of Tenderers, Suppliers, Contractors and Consultants who have:

- failed to fulfil their contractual obligations under a public procurement contract;

- provided false information concerning their qualifications to undertake a specific contract; and

- been barred from participating in public procurement as a result of corrupt, fraudulent, collusive and/or coercive practices as described in Regulation 15 (Corrupt, Fraudulent, Collusive or Coercive practices).

Regulation 7. Consultative Committee on public procurement (1) There shall be a standing Consultative Committee on public procurement to assist and

advise the Government in bringing improvement to the public procurement and to make recommendations to achieve that objective.

(2) The Consultative Committee shall consist of a Chairperson and such number of other

persons, not exceeding eleven (11), to be appointed by the Government from time to time. IMED will submit proposal to the Government for appointment of the Members of the Committee including Chairperson.

(3) Members shall be appointed from both public and private sectors for a period not

exceeding two (2) years. The members to be appointed shall be experts and/or specialist in procurement. The Terms of Reference for the Committee shall include the following:

- evaluate the extent to which the Regulations and the Procedures are improving public procurement in Bangladesh;

- examine any difficulties being experienced by Procuring Entities;

- review the impact of the Regulations and the Procedures with the business community;

- review the Annual Reports prepared by the CPTU and if necessary, discuss with the CPTU and Procuring Entities;



- review the performance of the CPTU and examine any difficulties it is experiencing;

- discuss the impact of the Regulations upon Bangladesh public procurement with development partners;

- submit regular reports upon the state of public procurement in Bangladesh to the Government, with recommendations for its sustained improvement; and

- review the procedure for submission and disposal of complaints to the Review Panel for improving the complaint and appeal procedure without getting involved with the decision making process.

(4) The Consultative Committee shall determine its own method of working.

(5) The Government may decide the honoraria and/or other allowances of the members for attending the meetings of the Consultative Committee.

(6) The Chairperson shall convene meetings of the Consultative Committee, decide upon the time and place of such meetings and set the agenda. Other members may suggest agenda for the meetings which shall be subject to the approval of the Chairperson.

(7) The Director General of the CPTU shall act as the Member Secretary of the Committee and the CPTU shall provide logistical support to the Consultative Committee, e.g. meeting room, secretarial support and any other facilities as may be required.

CHAPTER III. BASIC PROCUREMENT RULES Regulation 8. Public accessibility of legal texts (1) The Regulations, the Procedures, User Guides and instructions including standard

documents (STDs, RFPs, RFQs, etc.) shall be made available to the public, both in paper format (obtainable from the CPTU) and on the CPTU website and shall be systematically maintained by the CPTU.

Regulation 9. Records of procurement

This Regulation deals with the requirements for maintaining procurement activity records during the whole procurement, from procurement planning up to the completion of contractual liabilities and for a defined period of time beyond completion as required by the relevant administrative rules or orders. The procedure below sets down the documents to be retained on a long-term basis and the file containing these records shall be properly maintained and developed during the contract execution. The records shall be properly filed, maintained and should be easily accessible.

(1) Procuring Entities shall preserve records and documents concerning their public

procurement for a minimum period of five (5) years from the date the Supplier, Contractor or Consultant finally discharge their contractual obligations. In special cases, as determined by the Procuring Entity or higher authority, records may be kept for a longer period for instance, in the case of development projects; it can be up to five years from the date of completion of the project. In some cases the records may require preservation for life span of the object of procurement, e.g. Jamuna Multipurpose Bridge.



As a minimum each procurement record shall contain the following:

(a) a brief description of the goods and related services, works and physical services or intellectual and professional services procured and the justification for using any method of procurement other than Open Tendering Method;

(b) a copy of the Invitation for Tender, Request for Proposals, Request for Quotations, including any amendments issued by the Procuring Entity and a copy of the published advertisement, if any;

(c) the names and addresses of Tenderers who submitted tenders, proposals or quotations and the name and address of the Tenderer to whom the contract was awarded, including the awarded contract price;

(d) a copy of any Invitation for Pre-qualification, Request for Expressions of Interest or other invitation documents;

(e) minutes of the tender opening;

(f) all correspondence with Tenderers;

(g) the evaluation criteria detailed in the tender/proposal document and the Tender/Proposal/Quotation Evaluation Report prepared by the TEC/PEC;

(h) the record of approval of the tender/proposal evaluation report and the contract document;

(i) information concerning any decision to suspend or cancel the proceedings after they have been initiated;

(j) documentation with regard to any appeal or complaint concerning the procurement proceedings;

(k) delivery/acceptance reports, completion report and measurement books for procurement of goods and/or works and completion report for procurement of services; and

(l) all payment documentation including original copy of the bills and/or invoices for procurement of goods, works and services.

(2) When a specific procurement proceeding has been completed, either by signing of a

contract or termination of the proceeding prior to contract signature, the record of the proceeding shall be made available to any concerned person, e.g. personnel representing the Government and any interested Government agency, the Procuring Entity, Tenderers, Auditors and the procurement post-review Consultants.

However, unless ordered to do so by a competent court and subject to the conditions of any such court order, the Procuring Entity shall not disclose: (a) information whose disclosure would:

- be contrary to the law of Bangladesh; - obstruct law enforcement; - be against the public interest; - prejudice the legitimate commercial interests of the parties; and - prevent fair competition.

(b) information relating to the examination and evaluation of tenders, proposals or

quotations and the actual contents of those documents, other than a summary of the evaluation of the tenders, proposals or quotations received.



(3) Information about contract awards is being disseminated to the general public as per

Guidance Note issued by the CPTU to the Procuring Entities. The format is attached at Appendix E.

A Guidance Note on procurement record keeping by the Procuring Entities is attached at Appendix B.

Regulation 10. Eligibility and non-discrimination (1) Public Procurement is open to all persons regardless of nationality and/or race or any other

criteria not related with their qualifications or decisions taken against them under Regulations 15.

This principle shall not apply when there is a standing Government Order or an agreement

signed by the Government prohibiting the participation of a particular category of persons, for example:

- the use of funds for public procurement which has been provided by a bilateral

development partner and participation is restricted to Tenderers/Consultants from Bangladesh and the country providing the funds (Regulation 4);

- the use of funds for public procurement which has been provided by a multilateral development agency and participation is restricted to Tenderers/Consultants from member countries of that development agency only (Regulation 4);

- firms barred from participating in public procurement because of past poor performance of awarded contract(s) [Regulation 15(1)];

- any Tenderer/Consultant barred because of corrupt, fraudulent, collusive or coercive practices [Regulation 15 (2) and (3)]; and

- the country with whom the Government has decided not to have trade relations.

The names, category of persons and/or firms or countries excluded from the participation in public procurement, both in general and for specific tenders, shall be made public either by means of a Government Order or by the CPTU.

Information concerning persons and/or firms who are barred from participation in public procurement, for whatever reason, either generally or against specific tenders, shall be kept by the CPTU and it is the responsibility of the CPTU to inform Procuring Entities about such restrictions and the periods for which they shall apply.

Regulation 11. Form of communication (1) All communications between parties of the procurement (Applicants, Tenderers

Suppliers, Contractors, Consultants and Procuring Entities) shall be in writing.

The purpose of this is to ensure all communications between the parties are legally binding communications, indicated by the signing of the communication by the sender or an authorised officer/nominee of the sender. Verbal communications and information displayed on a website or transmitted by electronic mail or facsimile shall be confirmed in writing either by the Procuring Entity or by the Applicant, Tenderer, Supplier, Contractor or Consultant. The sender or an authorised nominee of the sender shall sign all communications.



Any communication made verbally, by telex, fax and/or e-mail shall be confirmed within a reasonable time by submission of an original written document in hand or machine writing, duly signed by the sender or an authorised officer/nominee of the sender. Time may be important, so Procuring Entities should ensure that such confirming letter(s) are received not later than the date set by the Procuring Entity for the receipt of the concerned document, for example:

- before the closing date for the submission of a tender/proposal; - before the date for the submission of a response to a tender/proposal clarification

and/or query; - before the date for the submission of a performance security; and - before the date for the signature of a contract.

Regulation 12. Qualification of Tenderer (1) In order to participate in public procurement, Tenderers shall provide evidence to

demonstrate that they are suitably qualified. The purpose of qualification is to ensure that:

- those persons or firms participating in public procurement are able to meet the

professional and ethical standards set out in the Regulations and the Procedures; and

- Suppliers, Contractors and Consultants are able to perform the contracts for which they are tendering or offering services.

The requirements for such qualification as set out in the Regulations are detailed in the following paragraphs.

(a) Professional and Technical Capacity:

Suppliers, Contractors and Consultants shall show that they possess:

- the professional and technical qualifications and experience to undertake the

work/supply/service for which they are tendering; - satisfactory financial resources; - suitable equipment and other physical facilities or proven access through

contractual arrangement to hire/lease of such equipment/facilities for the desired period, where necessary;

- satisfactory production/manufacturing capacity, where necessary; - after-sales service, where necessary; - managerial capability, where necessary; - prior experience of the work/supply/service for which they are tendering; - satisfactory reputation for diligent and non-problematic performance of

contracts (repeated arbitration or legal proceedings against the Tenderer taints its reputation); and

- appropriate personnel required to perform the contract, both in terms of numbers and skills.



(b) Legal Capacity:

Suppliers, Contractors and Consultants shall show that they are legally entitled to enter into any subsequent contract that might arise from the procurement proceedings. This means that persons and/or firms shall demonstrate to the Procuring Entity that there is no legal reason, e.g. an order of a judicial court that prevents them from entering into a contract. Such a reason might be that a privately owned company was bankrupt and as a result both the person owning the company, and the company itself, were banned by a court from entering into any contract.

(c) Financial Capability and Status:

Suppliers, Contractors and Consultants shall show that they are not:

- insolvent, e.g. the person or firm is not financially capable to perform the

contract for which they are tendering;

- in receivership, e.g. the firm was in serious financial difficulties and a court had, at the request of creditors, stopped the firm from managing itself and had placed an independent accountant in charge of the company’s business operations;

- bankrupt or in the process of being wound up, e.g. the person or firm’s financial situation is that they have more debts than income and can no longer function;

- suspended from undertaking their business for financial reasons; and - subject to legal proceedings for any of the above reasons/grounds.

(d) Taxation Obligations:

Suppliers, Contractors and Consultants shall show that they have fulfilled their obligations to pay taxes and social security obligations under the relevant national regulations, e.g. a surcharge or a tax for creating public utilities, disability surcharge, etc. Documentary evidence to be provided by a foreign Tenderer to demonstrate that it meets these criteria may consist of a written declaration to that effect by the Tenderer.

Based on the above four general qualification criteria and the nature and magnitude of the object of particular procurement, Procuring Entities shall set out the specific qualifications in the Pre-qualification Document, Tender Document or Request for Proposal Document.

(2) In order to verify that a potential Supplier, Contractor or Consultant meets the

requirements specified in Regulation 12(1), the Procuring Entity may require submission by the Tenderer of documentary evidence or other information from appropriate authority or organization that shows the potential Supplier, Contractor or Consultant meets these requirements.

The following paragraphs detail the documentation that may be requested by the Procuring Entity from the Tenderer.



Professional and Technical Capacity:

- provide documentary evidence to show they are enrolled in the relevant professional or trade organisations registered in Bangladesh or in their country of origin or to provide a declaration on oath or a certificate concerning their competency in accordance with the conditions laid down by the law of Bangladesh or of the country of their origin. Such an oath or certificate would, normally be provided by a professional institution related to the professional qualifications of the person or firm;

- provide a description of the firm’s technical facilities, its available equipment, its measures for ensuring quality e.g. ISO certification and its design, research and development facilities;

- provide a list of the major deliveries effected in the past three/five years, with the sums, dates and recipients, public or private, on a transaction basis, if a Procuring Entity so requests;

- provide a list of client references who may be contacted by the Procuring Entity;

- provide samples, description and/or photographs of the product to be supplied, the authenticity of which may be certified by a professional institution related to the professional qualifications of the person or firm, if the Procuring Entity so requests;

- submit appropriate statements from bankers of the firm’s financial resources;

- submit firm’s balance sheets or extracts from them, where publication of a balance sheet is required under company law in the country in which the Supplier, Contractor or Consultant is established;

- submit statement of the firm’s overall turnover and its turnover in respect of the goods/works/services to which the contract relates for the previous three (3) financial years; and

- provide details of the numbers of both technical and administrative personnel employed by the firm.

Legal Capacity: The legal capacity shall be confirmed by a power of attorney. This document shall state that there are no existing orders of any judicial court that prevent either a person or firm or employees of a firm from entering into and/or signing a contract with the Procuring Entity.

Financial Status: It is for the Procuring Entity to prove that any of the circumstances detailed in Regulation 12(1)(c) actually exist. However, if the Procuring Entity so requests, it is for the Applicant or Tenderer to prove that none of those circumstances apply. Proof can be provided in the form of a document issued by an appropriate authority in Bangladesh or in the country of the Tenderer showing that none of these cases apply.

Taxation Obligations: For proof of fulfilment of obligations relating to the payment of taxes and social security contributions, the Procuring Entity may ask the Tenderer or Applicant for a certificate issued by the competent authority of Bangladesh or in the case of foreign Tenderers, from the competent authority in that country. The tax certificate shall state:



- tax registration number or tax payer’s identification number (TIN); - VAT registration number; - the year up to which income tax/VAT assessment has been completed; and - confirmation that tax /VAT has been paid regularly.

It shall be noted that the above requirements represent the minimum qualification requirements. However, Procuring Entities may need to add to or amend these requirements for specific tenders. For example, in a turnkey contract, where a Contractor is responsible for design, construction, procurement and installation of equipment and commissioning, may require additional qualification information. Similarly, a contract for the provision of operational services, such as security or catering services may require additional or different information to be provided.

In the cases of the procurement of goods and works carried out on the basis of lots, minimum qualification requirements may be specified depending upon number of lots for Tenderers who wish to tender for one lot or more than one lot. Similarly, where large procurement of goods or more typically of works, could attract the participation of Joint Venture, Consortium or Association (JVCA), minimum qualification requirements may be specified for the leading partner of the JVCA and the other partner(s) respectively. The qualifications of sub-Contractors would not count towards the Tenderer’s qualification, except for major specialised sub-Contractors, if so stated in the pre-qualification or tender documents.

(3) Applicants and Tenderers shall be made aware of all the qualification requirements if

the pre-qualification procedure is being used. The qualification requirements shall be stated in the Invitation for Pre-qualification.

If the Open Tendering Method is being used, the qualification requirements shall be stated in the Invitation for Tender and repeated in detail in the tender documents for post-qualification purposes (Regulation 34: Post-Qualification). The information presented by Tenderers will be reviewed as part of the tender evaluation process (Regulation 31: Examination and evaluation of tenders) and subsequently, during the post-qualification process.

(4) A Procuring Entity shall evaluate the information received from Applicants and

Tenderers in accordance with the evaluation method detailed in either the Invitation for Pre-qualification or the Invitation for Tender.

Minimum requirements shall be set which, if one or all are not substantially met, by the Applicants/Tenderers, would cause them to be disqualified. However “conditional pre-qualification” may be offered in case the Applicant has a minor deficiency in meeting one or more requirement that can be easily redressed by it before tender submission date. The criteria for establishing an Applicant’s ability to perform the specific contract in question shall be assessed by the Procuring Entity as detailed in the following paragraphs.

Experience and past performance on similar projects/programmes: - on a minimum number of similar projects/programs that have been completed; - on the value of similar completed projects/programs to be considered, both

individually and collectively; - on the countries in which the Applicant shall have worked, with additional

emphasis being placed upon work in South Asia region; and



- performance of goods including plant, equipment and machinery supplied to the concerned Procuring Entity or other Procuring Entity within or outside the country.

Capabilities with respect to personnel, equipment and construction or manufacturing facilities: - state the professional qualifications and experience requirements for key

personnel within the Applicant’s organisation; - define the types and minimum numbers of equipment that an Applicant would be

expected to possess in order to fulfil the contract or to demonstrate that it has obtained a “contractual arrangement” for hire/lease access to such equipment during the intended period of use to perform the contract;

- state the minimum production requirements considered necessary for the performance of any contract involving manufacturers; and

- state if the entity intends to inspect the equipment/facilities as part of the evaluation of the applications.

Commercial, financial and legal requirements: - these are stated in the Regulation 12(1).

The above paragraphs set out typical pre-qualification evaluation criteria; however, these shall be varied depending upon the Procuring Entity’s requirement.

If none of the Applicants meet the pre-qualifying criteria, then all applications may be rejected, provided none of the Applicants have previously been advised that they have been pre-qualified.

In these circumstances, e.g. rejection of all applications, the Procuring Entity shall take action in a manner similar to that described in Regulation 14 (Rejection of all tenders, proposals and quotations). Subject to the approval of the Head of a Procuring Entity or an officer authorised by him/her, the Procuring Entity shall take the following actions:

- if the contents of the Invitation for Pre-qualification are considered to be

satisfactory, the entity shall re-advertise the Invitation more widely, perhaps internationally, if the requirement is of a high value or complex nature; or

- if the invitation is considered to be in need of revision, the revised invitation may

be reissued to those persons or firms who had originally submitted applications; or

- if the lack of acceptable submissions is considered to be a combination of both

the above reasons, the revised invitation may be issued to previous Applicants along with re-advertisement.

“conditional pre-qualification” of an Applicant is permissible if this Applicant has one or more minor deviations (e.g. a project manager with 10 years of experience rather than the required 12 years or a problematic subcontractor that is not acceptable to the Procurement Entity) that can be readily redressed by the Applicant prior to the submission of its tender. In such cases the participation of the Applicant in the tender is conditional on its meeting the requirements imposed on it in the “conditional pre-qualification”.

(5) A Procuring Entity shall disqualify any Applicant or Tenderer who submits a document

containing false information for the purpose of qualification. The Procuring Entity may also at its discretion, declare such Applicant or Tenderer to be ineligible to participate



in public procurement. Such debarment may be indefinite or for a specified period of time (Regulation 15: Corrupt, Fraudulent, Collusive or Coercive practices). Any reason for disqualification should be clearly mentioned in the pre-qualification or tender evaluation report.

(6) A Procuring Entity shall disqualify any Applicant or Tenderer if, at any time, it finds that

the information submitted for qualification was either significantly inaccurate or incomplete. Any reason for disqualification should be clearly mentioned in the pre-qualification or tender evaluation report.

If such conduct is found to be repeated, then the Applicant or Tenderer may be disqualified from this and subsequent procurement proceeding.

(7) A Procuring Entity may maintain list(s) of enlisted/qualified potential Tenderers. In

such cases, the person or firm’s qualifications shall be reviewed on an annual basis in accordance with the requirements of the Regulation 12(1).

Such lists of enlisted/qualified potential Tenderers can only be used for procurement in

accordance with the Restricted Tendering Method (Regulation 37: Restricted Tendering Method).

If the Procuring Entity maintains lists of qualified potential Suppliers and/or Contractors the following procedures shall be followed: - the lists should be maintained by types and categories (e.g. based upon estimated

cost thresholds) of supply or works contract; - the lists should be prepared by a committee having a minimum of three (3)

members, of which one (1) member may represent the financial and one (1) member may represent technical units of the concerned Procuring Entity and one (1) member may be from outside the Procuring Entity. The Head of a Procuring Entity or an officer authorised by him/her shall approve the members of the committee;

- the committee shall meet once a year to update the list with

induction/upgrading/downgrading of firms and the notice of the meeting should be issued at least seven (7) days in advance; and

- the annual advertisement notice as per Regulation 21, shall invite interested firms

to provide the required qualification information in accordance with Regulation 12(1), prior to the date specified for the meeting.

(8) A Procuring Entity may allow firms to participate in procurement proceedings by

forming Joint Venture, Consortiums or Associations (JVCA). JVCA is a group of two or more firms who agree to work together for a specific contract. Such JVCA is usually formed only for contracts involving the procurement of works or consulting services.

However, if a Joint Venture, Consortium or Association is formed, each firm or member of the Joint venture, Consortium or Association will be jointly and severally liable for all contractual obligations e.g. all are responsible, as a group or individually, for the performance of the contract and for all liabilities and obligations under the contract. For example, if there is a dispute that results in legal action being taken in the court, then action will be taken against all members of the JVCA, if they are available.



Equally, if only one member of the group is available, then that person alone shall answer for the entire group and, if the case is proven, shall be subject to whatever penalty, the group as a whole, would have received. If other members of the JVCA subsequently, become available and the legal action has not been completed, the Procuring Entity still has the right to take action against those other members of the JVCA. A Procuring Entity may also allow a Supplier, Contractor or Consultant to appoint a sub-Contractor or a sub-Consultant. The qualification of such sub-Contractor or sub-Consultant shall conform to the qualification specified in the STDs or RFPs. However, the Procuring Entity shall approve such action and appropriate qualification documentation shall be presented concerning the sub-Contractor or a sub-Consultant.

In the event that a sub-Contractor or a sub-Consultant is appointed, the Supplier, Contractor or Consultant shall still retain full responsibility for the contract and cannot pass any contractual obligations to the sub-Contractor or a sub-Consultant. Under no circumstances assignment of the contract is allowed.

Regulation 13. Technical specifications (1) The technical specification shall be prepared in a non-restrictive manner so that a fair

and open competition is created between all qualified Tenderers. Technical specifications and descriptions of the goods and related services and works and physical services shall be prepared in a manner that provides a correct and complete description of the object to be procured, as detailed in paragraphs13(3) and 13(4).

(2) They shall clearly describe a Procuring Entity’s requirements in respect of:

- name and/or description of the object of procurement to be supplied; - quality of the object of procurement to be supplied; - performance standards; - safety standards and dimensions; - symbols, terminology to be used in packaging, marking and labelling of the object; - processes and methods to be used in the production of the object of procurement;

and - requirements for conformity assessment tests.

(3) They shall, where appropriate, be:

(a) expressed in terms of performance requirements, rather than design or descriptive characteristics, e.g. if a generator is to be purchased, the performance requirements could be:

- the electricity output to be generated per hour; - the maximum volume of fuel to be consumed per kilowatt hour while in

operation; and - the maximum noise level while in operation.

(b) based upon international standards, where such standards exist or otherwise, on

recognised national standards or codes.



(4) There shall be no reference to a particular trademark or trade name, patent, design or type, specific country of origin, producer or service Supplier.

Technical specifications, which are prepared using the procedure detailed in the preceding paragraphs, should enable fair and open competition among all Tenderers. Specifications that are linked directly to design or descriptive characteristics limit competition, as only Tenderers whose products match the stated design and/or description would be able to tender.

For example, if a Procuring Entity is purchasing a 4WD vehicle, it is not permitted to simply issue a tender for a named vehicle, nor it is permitted to write a detailed technical specification that is so directly linked to one manufacturer that other vehicle manufacturers would be unable to tender because the specification was so tightly written. No two vehicles are completely identical, but many vehicle specifications are relatively close and Tenderers can compete if specifications are generalised, e.g. rather than saying a vehicle shall weigh 1,021 Kg, the specification should state that the vehicle could weigh between 1,000 Kg and 1,050 Kg.

Similarly, in the case of purchase of computers the generalized specifications prepared may state that only ISO certified computers are acceptable, but under no circumstances shall the name of any particular brand be stated.

If a Procuring Entity has insufficient technical expertise to either prepare a generalised technical specifications or to make the specifications fully understandable to Tenderers, it is permitted to make reference to a particular branded product, but shall add the words “or similar/equivalent to” into the specification.

Procuring Entities shall, where possible, prepare the specifications in close cooperation with the user/beneficiary unit of the supply or works or services.

Examples of standards to be followed, but not restricted to, are those published by:

- The International Standard Organisation (ISO); - The International Electric Committee (IEC); and - National available standards [such as Bangladesh Standard and Testing Institute

(BSTI)]. (5) Procuring Entities may standardise specifications for commonly used goods (such as

paper, office equipment, other consumables etc.), which are repetitively purchased, in consultation with manufacturers and publish them on their website.

When requested by Procuring Entities, the CPTU will provide either guidance for setting technical specification or information on sources from where such guidance may be obtained.

Regulation 14. Rejection of all tenders, proposals and quotation (1) A Procuring Entity may reject all tenders, quotations or proposals received in respect of

a specific procurement proceeding at any time prior to their acceptance, provided the document inviting the submission of the tender, quotation or proposal stated that all tenders, quotations or proposals could be rejected. Acceptance is the point at which a Procuring Entity issues the Notification of Award in respect of a submitted tender, quotation or proposal.



A Procuring Entity may reject all tenders, quotations or proposals following recommendations of the Tender Evaluation Committee (TEC) only after the approval of such recommendations by the Head of a Procuring Entity or an officer authorised by him/her, provided that such rejection of all tenders, quotations or proposals shall only be made when it can be justified for technical and/or financial reasons.

(2) If a Procuring Entity decides to reject all tenders, quotations or proposals for reasons

other than failure of all responsive Tenderers to post-qualify as specified in Regulation 34(3), the Procuring Entity shall review the causes justifying the rejection of all submissions, examples of which may be:

- the price of the lowest evaluated tender substantially exceeds the official estimate,

provided the estimate is realistic and in conformity with the prevailing market price. Tenders/Quotations may not be rejected, if the lowest evaluated tender price exceeds the official estimate but is in conformity with the market price. In such cases action may be taken in accordance with Regulation 31(16);

- there is evidence of lack of competition; - the Tenderers are unable to meet the minimum qualifications and/or technical

specification; and - the Tenderers are unable to offer the required delivery/completion time, provided

the stipulated delivery/completion time is reasonable and realistic.

After rejection of tenders, the Procuring Entity shall reassess the official estimate and/or budget with that of prevailing market price and shall subsequently consider making revisions to the conditions of contract, design and specifications, scope of contract or a combination of these factors, before inviting new tenders, quotations or proposals.

If lack of competition is considered to be one of the reasons for the rejection of all tenders, quotations or proposals, it may have been because either too few persons or firms saw the advertisements or collusive and/or coercive practices has taken place as per Regulation 15(2). Therefore, having reviewed the causes, when the Procuring Entity reissues the Invitations for Tender or request for Expressions of Interest, it shall be advertised more widely and perhaps, depending upon value, internationally. In the case of Requests for Quotations, additional persons and/or firms may be issued with the RFQ’s. Besides, necessary actions shall be undertaken against collusive and/or coercive practices, where applicable. Rejection of all tenders, quotations or proposals may be made because they are all considered to be non-responsive, e.g. they do not comply with the requirements specified in the documents issued by the Procuring Entity. New tenders, quotations or proposals may be invited from those or other persons or firms, using revised documents, who were originally pre-qualified or short-listed or who had submitted tenders in response to the advertised invitation.

(3) Upon receipt of requests from Applicants or Tenderers, a Procuring Entity shall notify them of the reason(s) for the rejection of its submission. However, a Procuring Entity is not required to justify the reason(s) for the rejection of their application, tender, quotation or proposal.

(4) A Procuring Entity shall incur no liability of any kind towards an Applicant or Tenderer

arising from the rejection of all tenders, quotations or proposals.



(5) A Procuring Entity shall notify all Applicants or Tenderers of the rejection of all tenders, quotations or proposals within seven (7) days of the decision being taken to reject all tenders, quotations or proposals.

(6) If a Procuring Entity decides to cancel the procurement proceedings prior to the

deadline for the submission of applications, tenders, quotations or proposals, it shall return unopened, to the Tenderer any such documents already received.

Regulation 15. Corrupt, Fraudulent, Collusive or Coercive Practices (1) The policy of the Government requires that all parties involved in public procurement,

such as Procuring Entities, Applicants, Tenderers, Suppliers, Contractors and Consultants observe the highest standards of ethics during the implementation of procurement proceedings and the execution of subsequent contracts.

For the purpose of this clause the term ‘Procuring Entities’ includes all public sector

organisations which may become involved in procurement proceedings. A code of conduct for procurement officials and a code of ethics for Tenderers shall be

issued by the CPTU that shall be strictly observed by the procurement officials and the Tenderers.

Any breach of the code of conduct for procurement officials will lead to initiation of

proceeding under the Government Servants (Discipline and Appeal) Rule 1985 as revised from time to time and/or relevant rules of the concerned autonomous, semi-autonomous bodies, corporations and local government agencies or government agencies which have separate codes (such as, Railway Establishment Code) to deal with such cases.

(2) No Applicant, Tenderer, Supplier, Contractor or Consultant shall engage in any:

(a) corrupt practice, which means giving or promising to give, either directly or indirectly, to any officer or employee of a Procuring Entity or other public or private authority or individual, a gratuity in any form; an employment and/or any other thing or service of value, as an inducement with respect to an act or decision or method followed by a Procuring Entity in connection with a procurement proceeding or contract execution;

(b) fraudulent practice which means the misrepresentation or omission of facts in

order to influence a procurement proceeding or contract execution. For example, a bill is submitted for earth excavation of 10,000 cubic meter, where actual excavation was only 1,000 cubic meter;

(c) collusive practice which means a scheme or arrangement between two or more

Tenderers, with or without the knowledge of the Procuring Entity, that is designed to fix tender prices, thereby denying a Procuring Entity the benefits of competitive price arising from genuine and open competition; and

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

indirectly, persons/firms or their property to influence a procurement proceeding or the execution of a contract. This will include creating obstruction to submit tender or proposal.



(3) If corrupt, fraudulent, collusive or coercive practices of any kind referred to in the Regulation 15(2), come to the knowledge of the Procuring Entity concerned the entity shall call for written explanation from the Applicant, Tenderer, Supplier, Contractor or Consultant of the event(s) which are believed to have taken place.

Unless a satisfactory explanation is given by the concerned person or firm that is accepted by the Head of a Procuring Entity, the Procuring Entity shall:

- exclude the concerned person or firm from further participation in the particular procurement proceeding; or

- reject any recommendation for award that had been proposed for the concerned person or firm; and/or

- declare, at its discretion, the concerned person or firm to be ineligible to participate in procurement proceedings, either indefinitely or for a specific period of time.

In order to implement the above actions, the following procedures shall apply: - upon receipt of an unsatisfactory explanation from the concerned person or firm,

the Procuring Entity shall present a report to the Head of a Procuring Entity with all the relevant information of the case for his/her consideration;

- the Head of a Procuring Entity may decide on the issue or appoint a Committee within five(5) working days chaired by him/her or an officer appointed by him/her that shall include representatives of the Procuring Entity, other than the concerned procurement officer; and

- the Committee shall review the recommendations of the Procuring Entity and make its own recommendations to the Head of a Procuring Entity within five (5) working days. If the decision is to debar the concerned person or firm, the Head of a Procuring Entity shall approve and issue a letter debarring the concerned person or firm. The letter shall be addressed to the concerned person or firm with copy to the CPTU for inclusion in the list of debarred persons or firms as specified in Regulation 6 (2j).

(4) Any action arising from the implementation of the procedure described in Regulation 15(3) shall be reported by a Procuring Entity to the CPTU.

CHAPTER IV. CHOICE OF PROCUREMENT METHOD

The procurement methods described in this chapter of both the Regulations and the Procedures are applicable to the procurement of goods and related services and works and physical services. The Regulations and the Procedures assume that the Procuring Entity is able to define exactly the object of procurement and can specify it in detail in the tender documents (Regulation 13: Technical specifications). Otherwise, procurement proceedings shall not begin until such time as the Procuring Entity has been assisted to prepare a satisfactory technical specification against which tenders shall be invited.

Regulation 16. Open Tendering Method (1) The Open Tendering Method is the preferred method of procurement of goods and

related services and works and physical services, unless the threshold levels or



circumstances relating to a specific requirement make it more appropriate for one of the other procurement methods to be used. Under this method tenders are invited from all potential Tenderers through wide public advertisement. Any person or firm may participate in response to such advertisement.

(2) A Procuring Entity may use a procurement method other than Open Tendering Method

only in accordance with the requirements set out in Regulations 17-20 inclusive below, these cover Restricted Tendering Method, Direct Procurement Method, Two-Stage Tendering Method and Request for Quotations Method.

The selection of any procurement method other than open tendering, should be recorded as per Regulation 9 (Records of procurement), stating the reason/justification for the method selected, in compliance with the conditions specified in the relevant Regulations 17-20.

The Head of a Procuring Entity may under exceptional circumstances permit the use of a procurement method other than open tendering for reasons not covered by Regulations 17-20. Such decisions shall be justified on technical and/or economic grounds. A similar procedure to that set out above shall be followed to record the decision, except that a specific reason other than those specified in Regulations 17-20 shall be clearly provided (e.g. technical and/or economic justification) and the decision shall be approved by the Head of a Procuring Entity.

(3) Regulation 17 (Conditions for use of Restricted Tendering Method), Regulation 18

(Conditions for use of Direct Procurement Method) and Regulation 20 (Conditions for use of Request for Quotations Method), provide threshold value which govern the use of procurement methods other than Open Tendering Method. Threshold value refers to the total value of each procurement object known to be required by the Procuring Entity during the financial year in accordance with the Annual Procurement Plan. If the procurement period is more than one financial year, then necessary budget provision should be made for each financial year, without splitting the package. Procurement Plan will show the procurement package and its total value.

In case of procurement using Framework Contract [Regulation 16(5)], threshold values shall correspond to the estimated total contract value under that Framework Contract.

(4) For procurement under the development budget a Procuring Entity shall at the outset

prepare a Procurement Plan for the entire project period. This plan shall be updated on an annual basis and in a rational manner having regard to expected flow of funds. The Procurement Plan shall be incorporated into the Project Performa (PP/TAPP) of the development project.

For procurement under the revenue budget a Procuring Entity shall prepare an Annual Procurement Plan. Preparation of Procurement Plan is mandatory for all Procuring Entities. Any procurement object irrespective of value and/or methods should be included in the Procurement Plan. At the beginning of each financial year all Procuring Entities shall prepare Procurement Plan reflecting both updated annual plan for the development budget and annual plan for the revenue budget. The Head of a Procuring Entity or an officer authorised by him/her shall approve the Procurement Plan. A Procuring Entity shall publish on their Notice Boards and, where applicable in their website, at the beginning of the financial year the estimated total procurement by



category of goods and related services and works and physical services and intellectual and professional services which they intend to award during the subsequent 12 months. This is known as the ‘Annual Procurement Plan’ prepared in accordance with Regulation 16 (4) and shall be in the format attached at Appendix C-2. The Procuring Entity shall prepare all Procurement Plans in a format issued by the CPTU. The plan shall include:

- package number including lot/contract number, where applicable; - brief description of the object of procurement; - quantity/number; - indicative value of the package; - method of procurement; and - indicative delivery/completion date for each package.

A format along with a guidance note on preparation of a Procurement Plan is attached at Appendix C.

(5) Once a Procurement Plan has been approved it is not permitted to split the

procurement requirement (packages) into successive smaller packages of lower value with the intention of avoiding:

- a particular procurement method; or

- the necessity of seeking the approval of higher authority.

While preparing packages, particularly in respect of works, the Procuring Entity may consider convenience of implementation having due regard to geographical location of sites. For goods and physical services, by using a Framework Contract, a Procuring Entity can avoid repeated tendering for the same requirement as well as obtain better prices through economies of scale. By this, a Procuring Entity can also adhere to the requirements of this Regulation, not to split a procurement package for convenience or addressing improper procurement planning. A Framework Contract can be used as a replacement for the standard contract in Open Tendering or Restricted Tendering Methods in order to conclude a procurement contract with one or more Suppliers to provide a range of goods and physical services. A Framework Contract is a contract for the supply of a quantity of similar items at specified prices during a definite period. Such a contract for supply of goods can help render public procurement more efficient. Also, when the requirements of several Procuring Entities over a period of time are consolidated, competition may increase and better prices may be obtained. Such agreements can be applied in the methods described in Regulations 16 and 17 and take several forms: - procurement of a definite quantity from a sole Supplier for successive deliveries

over a definite period of time, perhaps combined with an option to purchase additional quantities.

Example: A procuring entity purchases a definite quantity of stationery and copying paper for its estimated requirements over a 12-month period.



- procurement of an indefinite quantity from a sole Supplier for successive deliveries over a definite period of time, perhaps combined with an option to have the period extended.

Examples: Several government agencies form a group to buy an indefinite quantity of office equipment, over a 12-month period, using one lead agency to manage procurement and giving all members of the group the right to place orders under the framework agreement. Suppose that CMSD, through either an Open Tendering Method or a Restricted Tendering Method awards a single pharmaceutical company, under a Framework Contract, for the supply of medicines to all Civil Surgeons in the country (or to Heads of Health Institutions) for a given period of one year. The unit rate for the supply of each item of medicine is fixed, but the total quantity supplied is approximate and will depend upon the actual amount of each item issued by the Civil Surgeons (or Heads of Health Institutions). Each Procuring Entity (Civil Surgeon or Head of Health Institution) will issue separate Purchase Orders to the pharmaceutical company, referring to the Framework Contract, but stating the quantity of supply of the various items which that individual now requires. Upon receipt of the individual quantities, the Civil Surgeons (or Heads of Health Institutions) shall effect payments to the pharmaceutical company against its own budget.

- procurement of an approximate quantity from several Supplier, on a non-exclusive

basis, for successive deliveries within a definite period of time, perhaps combined with an option to have the period extended.

Example: The government decides, on an annual basis to procure furniture (chair, table, file cabinet), office equipment (computer printer, fax, photocopier) and vehicles (car, microbus, bus), through standardized specifications for all government offices. It may delegate any government department to procure such goods through the Framework Contracts, executed with different manufacturers or distributors/agents of the manufacturers of the goods. Each government department may issue a Purchase Order directly to manufacturers or distributors/agents of the manufacturer for supply of specific goods at the same terms and conditions of the Framework Contract and on receipt of the same shall effect payment to the manufacturers or the distributors / agents against its own budget.

(6) The Delegation of Financial Powers for public procurement issued by the Government

states the threshold value at which a Procuring Entity shall submit purchase proposals to the Ministry and the Cabinet Committee on Government Purchases (CCGP) for approval. All Procuring Entities shall strictly follow that threshold and act accordingly.

If the estimated total cost of a single procurement object having two or more lots (contracts) that are to be procured is such that the total cost of that procurement object falls under the approval authority of the Cabinet Committee on Government Purchase (CCGP) under the Delegation of Financial Powers, all the contracts of that procurement object, irrespective of the value of each lot (contract), shall be submitted to the CCGP for approval. For example, if a procurement package for 50 km embankment cum road is to be constructed at a cost of Tk. 80 crore, with 4 lots (contracts) for four sections / stretches of the road each with an estimated cost of Tk. 20 crore, in such case, all the four contracts shall be submitted to the CCGP for approval before award of contract.



Regulation 17. Conditions for use of Restricted Tendering Method (1) A Procuring Entity may undertake procurement by the Restricted Tendering Method:

(a) when goods and related services and works and physical services, because of their specialised nature, are available only from a limited number of Suppliers or Contractors. In such cases, there is no threshold value, but the criteria shall be based upon the fact that there are only a certain number of Suppliers or Contractors who can supply or provide the specialised object of procurement. (e.g. aircraft, locomotives, specialised medical equipment, contraceptives, telecommunications, silos, ports and harbours, etc). Hence this shall not be used as a routine matter and prior written approval of the Head of a Procuring Entity to use this method shall be required.

or when goods and related services and works and physical services are only

available from approved enlisted/qualified potential Tenderers [Regulation 12(7)] and in which case there is no threshold limit. This is also relevant when there is a government policy to standardise on a certain number of brands to cut down on spare parts stock requirements and maintenance costs (e.g. computers, laboratory equipment, research equipment, etc). Again this shall not be used as a routine matter and prior approval of the Head of a Procuring Entity to use this method shall be required.

(b) the time and administrative cost required to receive, examine and evaluate a

large number of tenders would be disproportionate when compared to the value of the goods and related services and works and physical services to be procured.

The Restricted Tendering Method shall be undertaken in the manner described in

Regulation 37 (Restricted Tendering Method) and the reasons for the selection of Restricted Tendering Method shall be documented in Records of Procurement (Regulation 9). A decision to use Restricted Tendering Method shall be approved in writing by the Head of a Procuring Entity or an officer authorised by him/her.

(2) With regard to Regulation 17(1b), the conditions for use of Restricted Tendering

Method, shall be considered as being fulfilled if the estimated value of any contract of goods and related services and works and physical services to be procured is within the threshold values specified in Appendix-A.

Regulation 18. Conditions for use of Direct Procurement Method (1) A Procuring Entity may use Direct Procurement Method for procuring goods and

related services, works and physical services and intellectual and professional services directly from one single source without going through all the requirements of a full tendering process. However, this method shall under no circumstances be used as a means of avoiding competition or for favouring any one particular Tenderer/Consultant or for creating any scope of discrimination among Tenderers/Consultants.

One of the uses of direct procurement is to purchase/procure additional goods, works or services as an extension to a completed contract or as an addition to an ongoing or new contract.



The Head of a Procuring Entity shall strictly control the Direct Procurement Method in order to ensure that there is no abuse and that its use is restricted to the items specified in the Regulations. A decision to use Direct Procurement Method shall be approved in writing by the Head of a Procuring Entity or an officer authorised by him/her.

The circumstances in which a Procuring Entity is allowed to use direct procurement are detailed below.

(a) When, for technical reasons the goods, works or services can be supplied by only

one person or firm and the quality and technical competence of such person or firm is so superior or unique that it can not be matched by any other person or firm operating in the same field of activity. Such direct procurement shall be restricted and be undertaken only with the approval of the Head of a Procuring Entity. This method can also be used in projects with poverty alleviation objectives, if direct contracting with the community is specified in the approved project documents (PP/TAPP).

(b) For additional deliveries of goods supplied by an original Supplier which are

required as:

- partial replacement of existing supplies, services or installations; - as an extension of existing supplies, services or installations; or - spare parts for existing equipment.

where a change of Supplier would result in the procurement of equipment, spare parts and/or services which would not be interchangeable with the existing equipment, spare parts and/or services. The value of such additional deliveries permitted under this method shall not exceed the amount specified in Appendix-A.

(c) When, additional works were not included in the initial contract through

unforeseen circumstances, and the separation of such additional works from the original contract would be difficult for technical and economic reasons. The value of such additional works shall not exceed the limit specified in Appendix-A.

(d) For new works which is a repeat of similar works for which the initial contract was

awarded on the basis of open or restricted tendering. The value of such new works shall not exceed the amount specified in Appendix A.

(e) For continuation of services, provided the original contract has been completed

satisfactorily, when, if a continuation of the original contract is allowed, it is likely to lead to gains in economy and efficiency. The value of such continuation services shall not exceed the amount specified in Appendix A.

The additional procurement undertaken under Regulations 18(1b-1e) shall be approved by the same authority that approved the original procurement proposal, always provided that the Head of a Procuring Entity, or an officer authorized by him/her, had approved the use of Direct Procurement Method. The additional procurement shall not be allowed for more than one occasion for each contract. However, if under exceptional circumstances of the nature of force majeure, further additional procurement is required under Regulation 18 (1b-1e), then the Procuring Entity shall seek direction from the Head of a Procuring Entity, the Ministry or CCGP, as relevant corresponding to the financial threshold of the procurement as specified in the Delegation of Financial Powers for Award of Contract.



(f) For the occasional purchases of perishable commodities, such as fresh fruit,

vegetables or other similar items which are purchased on market terms. The prices for such items may vary on a daily basis or even during the day and so the procurement of such goods is generally on the basis of the price valid at the time of purchase.

(g) For the procurement of goods made under financially advantageous conditions,

which are only available for a short while at a reduced price. Use of this option for direct procurement is mainly intended for the purchase of goods from stockists, rather than manufacturers, who have goods for immediate disposal at low prices. However, it can also be used with manufacturers, e.g. when manufacturers change a product line and wish to dispose rapidly of existing stocks of the previous product. This option for direct procurement can also be used to purchase new equipment, e.g. office furniture, provided it ensures value-for-money, from any organisation that is closing down and is selling off all its assets at low prices within a very short time.

(h) For the procurement of emergency goods, works or services following a

disaster/natural calamity within Bangladesh, as decided by the Government e.g. serious flooding, river erosion, when the required time-frame for delivery of the goods, works or services makes it impractical to use other procurement methods. This may also be applicable in situations where unforeseen disruptions of important Utility Services, e.g. electricity, gas and water/sewage needs emergency restoration. The Utility Agencies, however, are advised to maintain a buffer stock to meet such emergencies. This provision shall be used as a case-by-case basis and not as a routine procurement.

(i) For the procurement of food grain, jute and other supplies of essential goods for

which the Government determines the purchase price rate. Use of this option for direct procurement is generally intended to purchase agricultural products directly from the farmers during product season when market price falls due to large supply. In such cases, the Government determines the purchase price rate at a level to ensure reasonable price for the farmers.

(2) A Procuring Entity may also use Direct Procurement Method for the purchase of readily

available standard low value goods and unforeseen urgent services, e.g. catering services, ambulance services, transportation services, event management services, small repair/maintenance services, plumbing services, carpentry services, masonry services, painting services, etc., provided the contract value does not exceed the amount specified in Appendix-A. Such direct procurement can be made following the relevant financial rules or Delegation of Financial Powers.

The Direct Procurement Method (Regulation 38) shall be undertaken in the manner prescribed and the reasons for the selection of this method shall be documented as per Regulation 9 (Records of procurement).

Regulation 19. Conditions for use of Two-Stage Tendering Method (1) A Procuring Entity may use the Two-Stage Tendering Method in accordance with the

requirements set out in Regulation 39 (Two-Stage Tendering Method), in the case of large or complex contracts of goods and related services and/or works and physical services, such as turnkey contracts for manufacturing process plants, e.g. the design,



construction, installation of equipment and commissioning of a new refined edible oil bottling factory, industrial plants or the procurement of major computer and communications systems or construction and commissioning of a planetarium. Under this method, tendering procedures have to follow two-stages, First-Stage and Second-Stage.

The use of the word ‘complex’ in describing the nature of the items to be procured under Two-Stage Tendering Method covers procurement objects for which it may not be in the best interests of the Procuring Entity to prepare complete technical specifications in advance because of rapidly changing technology. This could also be in situations when the Procuring Entity may not be capable of preparing a full technical specification because alternative technical approaches may be available, but not within the knowledge of the Procuring Entity.

In such circumstances, it is better for the Procuring Entity to learn from Tenderers about the most appropriate, fit-for-purpose solution to meet its procurement requirements.

The Two-Stage Tendering Method shall be undertaken in the manner described in Regulation 39 (Two-Stage Tendering Method) and the reasons for the selection of procurement by the Two-Stage Tendering Method shall be documented as per the Regulation 9 (Records of procurement).

Regulation 20. Conditions for use of Request for Quotations Method (1) A Procuring Entity may undertake procurement by means of a Request for Quotations

(RFQ) in accordance with the requirements set out in Regulation 40 (Request for Quotations Method), for the purchase of readily available, standard off the shelf goods and related services, physical services and low value simple works, provided the estimated value of such procurement shall not exceed the prescribed threshold value as given in Appendix-A.

The Head of a Procuring Entity shall strictly control the use of RFQ as a method of procurement in order to ensure that there is no abuse and that its use by Procuring Entities is restricted to the items specified in the Regulations. A decision to use the Request for Quotation Method shall be approved in writing by the Head of a Procuring Entity, or an officer authorised by him/her. In deciding and/or justifying the use of the RFQ method in public procurement, the following shall be considered:

- Because of the risk of abuse in procurement under RFQ, the use of this method

shall be restricted to cases when the justification for it cannot be disputed. Procuring Entities may not use RFQ as a means to either by-pass more competitive methods of tendering or split large procurements into smaller ones solely to allow the use of RFQ, as stated in the Procedures under Regulation 16(5).

- RFQ is a method that should not require complex documentation or all the

formalities of a full tendering process. It is, therefore, an appropriate method only for procuring readily available, off-the-shelf goods or standard specification commodities which are small in value and/or routine low value related services, physical services or stand alone services, e.g., catering services, courier services, security services, transportation services, printing services, etc. When the nature of the specifications is complex or the type of procurement requires an elaborate, detailed evaluation system (e.g., efficiencies, delivery times, etc.), that needs substantial documentation, open tendering shall be used and not the RFQ method.



- The Procuring Entity shall put in place an operational mechanism for execution of

RFQ Method, whereby the procurement officer who invites and receives quotations shall not open it. The Tenderer shall submit its offer in response to RFQ in a sealed envelop clearly marked on the top of envelop as “Quotation”. The quotations shall be stamped for receipt indicating both the date and time of receipt. The quotations received by the Procuring Entity shall be submitted directly without opening to the Chairperson of the Tender Evaluation Committee on the appointed date for opening, examination and evaluation of offers received in response to RFQ.

- The Request for Quotations Method shall be undertaken in the manner described

in Regulation 40 (Request for Quotations Method) and the reasons for selection of procurement by the Request for Quotations Method shall be documented as per the Regulation 9 (Records of procurement).

(2) A Bangladesh High Commission/Embassy/Mission overseas may undertake

procurement by means of Request for Quotation (RFQ) in accordance with the requirement set out in Regulation 40 (Request for Quotations Method) for the purchase of readily available, off the shelf goods and related services and physical services. The value of such goods and related services and physical services shall not exceed the threshold value specified in Appendix-A of the Regulations (which is also attached with the Procedures as Appendix-A). The High Commissioner or an Ambassador or the Head of the Mission shall control the use of the RFQ as a method of procurement in order to avoid any abuse of the method.

CHAPTER V. NATIONAL OPEN TENDERING METHOD Regulation 21. Advertisements (1) A Procuring Entity shall be responsible for advertising directly all Invitations for Pre-

Qualification (IFPQ), Invitation for Enlistment, Invitations for Tender (IFT) and Request for Expressions of Interest (EOI) for goods and related services, works and physical services and intellectual and professional services, whichever applicable.

(2) Invitations for Pre-qualification, Invitations for Enlistment, Invitations for Tender and

Request for Expressions of Interest (EOI) shall be advertised in, at least, one Bangla language national newspaper and in one English language national newspaper, both of which shall have a wide daily circulation within Bangladesh. If the Procuring Entity has a website, all invitations shall also be advertised there. Procuring Entities shall send Invitation for Pre-qualification (IFPQ) and Invitation for Tender (IFT) and Request for Expressions of Interest (EOI) for goods, works and services whose potential contract values are estimated to be as in Appendix A, for publication in the CPTU website.

The Procuring Entities shall advertise their procurement requirements in accordance with the following procedures:

- Advertising for specific Invitations for Pre-qualification, Invitations for Tender and

Request for Expressions of Interest shall be issued for goods & related services, works & physical services and intellectual and professional services which have been entered into the Annual Procurement Plan. Pre-qualification or tender or proposal documents should be ready for issue or sale to interested Applicants and Tenderers at the time of the appearance of the advertisement.



- In addition to one Bangla and one English language national newspaper of wide daily circulation in the country, Procuring Entities based outside Dhaka may publish the advertisements in a maximum of two (2) widely circulated local or regional daily newspapers. These may be either in two Bangla language or one Bangla and one English language, for a maximum of two (2) days.

The formats for Invitation for Pre-qualification (IFPQ), Invitation for Tender (IFT), and Request for Expressions of Interest (EOI) are attached at Appendix-D.

Regulation 22. Invitation for Pre-qualification (1) A Procuring Entity may initiate Pre-qualification proceedings, prior to the issue of an

Invitation for Tender for the purpose of identifying those Applicants who are qualified to deliver the required goods and related services and works and physical services.

It is recommended that Procuring Entities may follow this procedure when they undertake the procurement of the following items: - construction works in general; - supply and installation of plant and equipment; - design and build infrastructure; - custom design equipment; - health sector goods (whether for each contract or for a given period of time); - information systems; and - management contracts.

(2) An Invitation for Pre-qualification shall contain, as a minimum, the following

information:

a) the name and address of the Procuring Entity;

b) a brief description of the object of the procurement, including the desired time for delivery or completion;

c) the means and conditions for obtaining the pre-qualification documents and the place from where they may be obtained;

d) a summary of the minimum qualification required;

e) the place and deadline for the submission of the applications for pre-qualification; and

f) the date of availability of the pre-qualification documents, if already known.

If it is considered advantageous for Applicants to form a Joint venture, Consortium or Association (JVCA) in order to undertake a specific assignment. A Procuring Entity may make a statement in the Invitation for Pre-qualification that the formation of JVCA for the concerned assignment may be appropriate, provided that each firm or member of the JVCA shall be jointly and severally liable for all contractual obligations. However, a Procuring Entity cannot make the formation of a JVCA a mandatory requirement.



Such statements may be included for complex technical assignments, if it is known by the Procuring Entity that the range of skills and experience required for the assignment are not likely to be found in a single person or firm. Similarly, if an entity is aware that not all the required skills and experience are available nationally, a Joint Venture, Consortium or Association (JVCA) may be encouraged for the purpose of bringing international experiences.

In order to implement the required procurement in the most efficient manner, the pre-qualification procedure should be carried out in parallel with the preparation of tender document. In this way, the tender document should be ready as soon as the evaluation of the pre-qualification applications has been completed. By undertaking the two tasks together, the Procuring Entity can take advantage of any relevant information that is learned from the pre-qualification applications that can be incorporated into the tender document.

The format and text to be used by Procuring Entities for the Invitation for Pre-qualification (IFPQ) is attached as Appendix-D.

(3) The time allowed for Applicants to prepare their pre-qualification submissions shall not

be less than twenty-eight (28) days, provided the pre-qualification documents are ready for sale by the date of the advertisement referred to in Regulation 21 (Advertisements).

It is most important for both the newspaper and website advertisements to be published at the same time.

It is equally important for the pre-qualification document to be ready for sale at the time of the appearance of the advertisements.

If due to the complexity of the procurement the Tenderers request an extension for the period of submission of their applications then the Procuring Entity may extend the submission deadline if it deems that the Applicants’ requests are justified.

Regulation 23. Pre-qualification documents (1) Pre-qualification documents shall include as a minimum the following requirements:

(a) a description of the object of procurement, including a summary of the principal terms and conditions of the contract that shall be entered into as a result of the procurement proceeding, e.g. identification of the particular standard tender document to be used, description of the scope of work with estimates of key quantities and required production rates, source of funds, eligibility and qualification criteria, need for special equipment, probable time for inviting tender, probable time for completion, nominated subcontractors by the Procurement Entity for specialised components of the works, if any;

(b) instructions for preparing and submitting pre-qualification applications; (c) any evidence or other supplementary information required by the Regulations

that shall be submitted by Applicants to demonstrate their qualifications to undertake the concerned procurement;



(d) the manner in which pre-qualification applications shall be submitted by Applicants, the place and the deadline for such submission, as stated in Regulation 22 (Invitation for Pre-qualification).

(2) Pre-qualification documents shall be made available to Applicants at a price not

exceeding the costs of reproduction and delivery to Applicants in the manner stated in the Invitation for Pre-qualification. There shall not be any pre-conditions (e.g. submission of documentary evidence) whatsoever for sale of pre-qualification document to any Applicant. The sale of pre-qualification document shall be permitted up to the day prior to the deadline for the submission of pre-qualification application.

(3) A Procuring Entity shall respond to any request by an Applicant for clarification on the

pre-qualification document that is received by the entity within a reasonable period of time, prior to the deadline for the submission of applications to prequalify.

In this case, twelve (12) working days prior to the deadline for the submission of applications is considered to be a reasonable period of time by which all clarification requests shall be received by Procuring Entities. A Procuring Entity shall have no obligation to answer any clarification request received after that date.

The response by the Procuring Entity shall be made within five (5) working days in order to ensure that the Applicant shall be able to submit the application within the declared deadline. However, depending upon the nature and extent of the clarification, it may be necessary for the Procuring Entity to consider an extension to the deadline for the submission of pre-qualification applications.

The response to a clarification request should be copied to all Applicants who have purchased the pre-qualification documents, without indicating the source requesting the clarification.

(4) A Procuring Entity shall promptly notify all Applicants whether or not they have been

pre-qualified. Upon receipt of a request, the Procuring Entity is also required to advise any member of the general public of the names of all Applicants who have been pre-qualified.

Only Applicants who have been pre-qualified are entitled to participate further in procurement i.e. purchase the tender documents.

(5) Upon receipt of a request from an unsuccessful Applicant, the Procuring Entity shall

notify the Applicant of the grounds for its exclusion. However, the entity is not required to provide any further information or explanation of those grounds.

(6) A Procuring Entity is entitled to require a pre-qualified Applicant to demonstrate its

qualifications again when submitting its tender by presenting the same information about its qualifications though updated as appropriate. A Procuring Entity shall disqualify any Applicant that fails to demonstrate its qualifications, again when requested to do so for post-qualification purposes.

(7) Procuring Entities shall use the standard pre-qualification document issued by CPTU

when undertaking a procurement using the pre-qualification process.

The following steps shall be noted for Pre-qualification purposes:

The evaluation of pre-qualification applications shall be undertaken by the Tender Evaluation Committee (TEC) in accordance with the Regulations, the Procedures, and



the requirements set out in the Procurement Processing and Approval Procedure (PPAP).

In this respect, reference shall be made to Regulation 31 (Examination and evaluation of tenders) that contains a more detailed explanation of the appointment, membership, duties, and responsibilities and obligations of the Tender Evaluation Committee and its members.

The evaluation of pre-qualification applications may require the appointment of a Technical Sub-committee (TSC) and/or at the discretion of the Head of a Procuring Entity or an officer authorised by him/her, additional external technical experts, with specific knowledge of the services required, from the user/beneficiary entity, to assist the TEC in the evaluation of the concerned pre-qualification applications. In general, the tasks detailed below shall be undertaken in a similar manner to that detailed in Regulations 29-32, which concern the receipt and evaluation of tenders and Regulation 36 (Notification of award and signing of contract).

The pre-qualification applications shall be received by the Procuring Entity and kept in safe custody. On the deadline for the submission of applications, the received applications shall be submitted to the Chairperson of the TEC formed by the concerned Procuring Entity. Any applications received after the deadline for submission of pre-qualification application shall be returned unopened to the Applicant.

The TEC shall evaluate the pre-qualification applications in accordance with the evaluation criteria specified in the Pre-qualification document, in accordance with Regulations 12 (Qualification of Tenderer) and Regulation 22 (Invitation for Pre-qualification), which outline the information to be provided by the Applicant and shall detail how that information shall be evaluated. The TEC is permitted to seek clarifications from Applicants in order to facilitate the examination and evaluations of applications.

Upon completion of the evaluation of the pre-qualification, the TEC shall prepare a Pre-qualification Evaluation Report that shall be submitted to the Head of a Procuring Entity or an officer authorised by him/her or an approving authority for approval. The report shall state the persons or firms who meet the pre-qualification criteria. It should be noted that all those who have achieved the required level are to be considered as pre-qualified for the intended tender. No restriction on the number of qualified firms in permitted. A qualified firm is one which meets all the requirements of each qualification criteria. In certain cases where the number of qualified firms is low it may be practical to allow “conditional pre-qualification”. This means that an Applicant who substantially meets the qualification criteria apart from some minor deficiencies may be considered as “conditionally pre-qualified” subject to provision of proof that it has corrected such minor deficiencies as directed by the Procuring Entity prior to submission of its tender. Examples of acceptable minor deficiencies to be corrected at the time of tender submission are given in Regulation 12(4). This step of the process shall follow, as closely as possible, the relevant parts of the Procedure for the examination and evaluation of tenders (Regulation 31).

If considered both desirable and practical, the TEC may visit the premises of Applicants to verify information contained in their applications. Such visits can be particularly useful when evaluating applications in respect of high value or complex works projects. The objective of any visit is not to inspect financial accounts or similar aspects of the application which can be done through desk review of documents / annual financial statements. It should focus upon a general and visual inspection and



verification of the Applicant’s facilities, its current and previous project sites, and its plant and equipment.

It is not permitted for the TEC to introduce any new evaluation criteria which were not stated in the pre-qualification document.

Regulation 24. Invitation for tender (1) The preparation of the Invitation for Tender and its publication is the responsibility of

the Procuring Entity. As a minimum, the Invitation for Tender shall include:

(a) the name and address of the Procuring Entity;

(b) a brief description of the goods and related services and works and physical services to be obtained, including the desired time limit for delivery or completion;

(c) the means and conditions for obtaining the tender documents and the place from where they may be obtained;

(d) the place(s) and deadline for the submission of tenders;

(e) the place and time for opening the tenders, including a statement that Tenderers’ representatives are allowed to attend the opening of tenders; and

(f) the amount of tender security required and the format and manner in which it shall be presented by Tenderers.

The format and text to be used by Procuring Entities for the Invitation for Tender (IFT) is at Appendix-D.

With regard to Regulation 24(1d), in view of the logistical difficulties experienced by some Procuring Entities, only under special circumstances, it is permissible for tenders to be submitted to the concerned Procuring Entity at more than one location, provided all such tenders are opened in public in one place immediately after the deadline for submission of tenders (no more than three hours after tender closing time). This process of submitting tenders is generally referred to as ‘multiple dropping’ and for the purpose of this procedure, the terms ‘primary’ and ‘secondary’ locations shall be used. The ‘primary location’ is the office of the Procuring Entity where the tenders shall be received and opened. The secondary locations are places where tenders shall only be received and no tender opening shall take place at such locations.

The following guidelines shall apply to ‘multiple dropping’, whenever it is used by Procuring Entities:

- the Head of a Procuring Entity or an officer authorised by him/her shall approve the

use of this procedure on each and every occasion. It is not permitted for this option to be used automatically by a Procuring Entity;

- the Procuring Entity shall ensure that each of its named secondary locations is able to receive tenders in accordance with the requirements of the Regulations and the Procedures. The Procuring Entity shall designate an officer at secondary location to receive tenders.

- the Procuring Entity shall ensure the availability at all secondary locations of a lockable and secure tender box into which tenders can be placed by Tenderers;

- no information concerning tenders shall be passed by entity personnel from one location to another during the tendering period;



- the Procuring Entity’s primary location shall have overall responsibility for the tender and it shall ensure all secondary locations to which tenders may be delivered are made aware of any extension to the period for the submission of tenders and of the cancellation of any tender; and

- the Procuring Entity shall ensure that the sealed tenders of the secondary location are hand-delivered by entity personnel to the primary location for opening of tenders at the primary location ensuring safety and security of the received tenders. The tender opening at primary location shall take place no later than three hours after the deadline for the submission of tenders. This shall be the place designated in the tender document for the tender opening.

Tender received from a secondary location shall not be opened or otherwise examined in anyway and the identification of any Tenderers shall not be released until the tender opening at the primary location.

The Head of a Procuring Entity or an officer authorised by him/her shall sign for all tenders received from secondary locations at the primary location and issue a receipt to the personnel who have delivered the tenders from the secondary locations.

Copies of all receipts issued in respect of the requirements for ‘multiple dropping’ detailed in the preceding paragraphs shall form part of the procurement records as described in Regulation 9 (Records of procurement).

(2) The time allowed for Tenderers to prepare their tenders for:

- open tendering for goods and related services and works and physical services shall not be less than 28 days; and for

- restricted tendering for goods and related services shall not be less than 14 days; and for works and physical services shall not be less than 21 days.

For the purpose of fixing the tender opening date, the Procuring Entity shall take into consideration the probable time it will take to publish the tender advertisement in the national newspapers. The probable time to publish the tender advertisement and the minimum time allowed for submission of tender as stated above shall be added together to fix the tender opening date. For example in case of Open Tendering Method, if the probable time it will take to publish the tender advertisement is seven (7) days then the minimum tender opening date in the tender document shall be set for the 35th day (7 days + 28 minimum days) from the day the tender advertisement was sent to the newspapers.

These periods shall apply, provided the tender documents are ready for sale by the date of the advertisement referred to in Regulation 21 (Advertisements).

It is important for both the newspaper and website advertisements to be published at the same time. Otherwise, potential Tenderers may be justified in seeking an extension to the period for the submission of their tenders, thus delaying procurement.

It is equally important for the tender document to be ready for issue or sale, as appropriate, at the time of the appearance of the advertisements. Otherwise, again potential Tenderers may be justified in seeking an extension to the period for the submission of their tenders, thus delaying procurement.



Regulation 25. Tender documents (1) The preparation of the tender document is the responsibility of the Procuring Entity and

it shall follow Standard Tender Documents (STDS) prepared and issued by the CPTU. In any case, the tender document shall contain sufficient information to enable competition to take place among Tenderers on the basis of complete, unbiased and objective terms. It is important to note that the estimated cost of the object of procurement has to be reassessed and approved as per Regulation 31(4) prior to finalisation of the tender document.

Although preparation of the tender document is the responsibility of the Procuring Entity, it shall be prepared in close collaboration with the beneficiary and end user, particularly in respect of the preparation of the technical specification, as stated in Regulation 13 (Technical Specifications). Furthermore, in the event that a Procuring Entity has any concerns in regard to any aspect of the required tender document, it may refer its concerns to the CPTU for advice or guidance.

The tender document shall furnish all information necessary for a potential Tenderer to prepare a tender for the goods or works. The details and complexity of the information required may vary with the nature of the proposed tender package. The tender document shall include:

(a) instructions for the preparation and submission of tenders;

(b) information concerning the last date and place(s) for receipt of tenders including the date, hour and place of the tender opening with an announcement that the Tenderer or their representative(s) may attend the tender opening;

(c) tender submission sheet and sample formats for tender security, performance security and manufacturers’ authorisation, where applicable;

(d) the number of copies to be submitted with the original tender;

(e) conditions of contract, general and particular;

(f) specification of requirements, including time limit for delivery or completion;

(g) evidence to be provided by the Tenderer to demonstrate its qualifications for purposes of post-qualification verifications to be conducted by the Procuring Entity;

(h) the period for which the tender shall remain valid;

(i) the criteria to be taken into account in the evaluation of tenders and award of contract and the way in which those criteria shall be evaluated;

(j) a requirement that a Tenderer shall, in the form specified in the tender documents, pledge not to engage in any corrupt, fraudulent, collusive or coercive practices of the kind referred to in Regulation 15 (Corrupt, Fraudulent, Collusive or Coercive practices);

(k) a statement to the effect that the Procuring Entity may reject all tenders at any time prior to the acceptance of a tender (Regulation 14: Rejection of all tenders, proposals and quotations);

(l) a provision for holding a pre-tender meeting with potential Tenderers, where appropriate, in order to provide clarifications on the conditions of the tender documents; and



(m) a notification in the Tender Data Sheet concerning the process to be followed by a Tenderer if it wishes to make any complaint arising under Regulation 50 (Right to complain) and Regulation 51 (Complaints to the administrative authority).

With regard to Regulation 25(1i) it may be noted that for procurement of goods and works, the two envelope system has been abolished. Similarly tenders shall not be invited on the basis of percentage premium or discount over the estimated cost. Under no circumstances award can be executed through lottery.

By way of further explanation of the above Regulations, Procuring Entities shall comply with the following instructions when preparing tender documents.

Tender documents shall be so worded that they permit and encourage open competition and shall set out clearly and precisely: - the work to be carried out; - the location of the work; - the goods to be supplied; - the place of delivery or installation; - the schedule for delivery and completion; - the minimum performance requirements; - the warranty and maintenance requirements; and - any other relevant terms and conditions.

In addition, the tender documents, where appropriate, shall define the tests, standards and methods that shall be used to judge the compliance of the goods/equipment to be delivered or works to be performed, with technical specifications. Any drawings included in the tender document shall be consistent with the text of the technical specifications and an order of precedence between the two shall be specified in the tender document.

The tender document shall specify any criteria, in addition to price, which shall be taken into account in evaluating tenders and how these shall be measured or otherwise evaluated.

If tenders based upon alternative designs, materials, completion schedules, payment terms, etc., are permitted, the conditions for their acceptability and the method for their evaluation shall be stated in the tender document.

All prospective Tenderers shall be provided the same information and be assured of equal opportunities to obtain additional information promptly upon request.

Procuring Entities shall provide reasonable access to work/project sites for visits by potential Tenderers. For works or complex supply contracts, particularly for those requiring refurbishing existing works or equipment, a pre-tender meeting may be arranged at which potential Tenderers may meet with the Procuring Entity’s representatives to seek clarifications. Minutes of the pre-tender meeting shall be provided to all prospective Tenderers, even those who do not attend the meeting.

Any additional information and/or correction of errors in the tender documents, which are identified as a result of this meeting, shall be circulated to all Tenderers in the form of an addendum to the tender documents, that shall have a date and a issue number. The addendum must be circulated allowing sufficient time before the deadline for the



receipt of tenders to enable Tenderers to take appropriate action. If necessary, the deadline for tender submission shall be extended.

The invitation of the tender price shall include the following: - a tender price shall be invited on the basis of the delivered price of the goods to the

destination or for the completion of works or installation, inclusive of all associated services to be performed by the Tenderer (e.g. transport, insurance, training, specialised tools, manuals, etc.). The quoted price shall include all taxes and customs duties and clearance charges, except VAT. However, the Tenderer will be required to indicate VAT in the priced schedule to enable the Procuring Entity to take account of such tax in its budget.

The tender document shall state that:

- the tender price shall be fixed; or

- that price adjustments shall be made to reflect any changes (upwards or downwards) in major cost components of the contract, such as labour, equipment, material and fuel.

Price adjustment provisions are usually not necessary in simple contracts involving the delivery of goods or completion of works within eighteen (18) months. However, it is normal commercial practice to obtain firm prices for certain types of equipment, regardless of the delivery time and, in such cases, price adjustment provisions are not needed. Prices may be adjusted for delivery of goods or completions of works beyond 18 months by the use of a prescribed formula stated in the tender document. There is a wide range of price variation formulae that are related to specific commodities, industries, and/or countries. Further guidance can be obtained from the CPTU on a case-by-case basis.

Standard Pre-qualification documents and Standard Tender documents (STDs) issued by the CPTU are mandatory for all Procuring Entities to use for procurement of goods and related services and works and physical services. However, depending on the nature of procurement, the Procuring Entities, may introduce any adjustments in the Data Sheet and/or Particular Conditions of Contract, provided those adjustments, under no circumstances, contradict with the Regulations and the Procedures.

Regulation 26. Provision of tender documents (1) Tender documents shall be made available to Tenderers as soon as the relevant

advertisement appears in the press. When a Procuring Entity makes a charge for a document, it shall not exceed the cost of producing and delivering the document to Tenderers. The Head of a Procuring Entity or an officer authorised by him/her will determine the price of the tender document.

Tender documents shall be advertised on a Procuring Entity’s website where possible. The advertisement is for information only and potential Tenderers cannot use any documents downloaded from the entity’s website for the purpose of tendering. All Tenderers shall tender using tender documents purchased directly from the Procuring Entity.

Any alternatives for making a tender document available, e.g. from an Agent, Bank or Consultant, shall be stated in the Invitation for Tender.



No tender document can be made available before the date of publication of the Invitation for Tender.

A Procuring Entity cannot refuse to make tender documents available immediately to persons requesting them and willing to pay the corresponding price, provided the advertisement has been published in the press. There shall not be any pre-conditions (e.g. submission of documentary evidence) whatsoever for sale of tender document to any Tenderer. The sale of tender document shall be permitted up to the day prior to the deadline for the submission of tender.

Tender documents, as well as any modification to tender documents (Regulation 27), shall be made available to Tenderers by:

- the office of the Procuring Entity; - authorised agent (e.g. Bank) of the Procuring Entity; - mail or courier at the request of potential Tenderers against payment by the

Tenderer of the corresponding mailing charges in addition to the prices of the documents; and

- advertisement in the Procuring Entity’s website (a down loaded document shall not be used for submission of tender).

Procuring Entities who advertise tender documents on their website shall ensure that: - the advertisement for tender document is not removed from the website, prior to

the closing date for the submission of tenders; and - the numbers and dates of issue of all modifications and clarifications to the

tender document are also posted on the website.

The Procuring Entity shall record all persons or firms to whom tender documents have been issued. Such records shall have a reference number and include full contact details: mailing address, telephone and facsimile numbers and electronic mail address, if applicable. A tender shall not be accepted from any person or firm that is not recorded by the Procuring Entity as having received and where relevant, purchased the tender document, together with all subsequent addenda to the document.

Regulation 27. Modifications to tender documents (1) At any time prior to the deadline for the submission of tenders, a Procuring Entity may,

on its own initiative or in response to an inquiry by a Tenderer, who has purchased the tender documents, modify the tender documents by issuing an addendum.

The addendum then becomes integral part of the tender document and shall be communicated immediately to all Tenderers who have purchased the tender documents, with a request that they shall acknowledge receipt of the addendum. Every addendum shall be given a serial number and a corresponding date of issue.

All Procuring Entities which have advertised tender documents on their website shall also advertise relevant addenda on their website.

(2) If a Procuring Entity considers it is necessary to amend the tender documents and if

that amendment is made when less than one-third of the time allowed for the preparation of tenders remains, a Procuring Entity shall postpone the deadline for the submission of tenders. If the deadline is postponed, the Procuring Entity shall extend



the time for submission of tenders. In such case, they shall set a new deadline by an appropriate number of days, depending upon the object of procurement and the content of the addendum, to enable Tenderers to take full account of the addendum during the preparation of their tenders. The minimum extension time of the tendering period shall not be less than seven (7) days.

Regulation 28. Tender validity and Tender security (1) Tenderers shall be required to submit tenders that shall remain valid (i.e. open for

acceptance), for the period specified in the tender document. The validity period shall allow sufficient time for the Procuring Entity to evaluate the tenders, prepare and submit the tender evaluation report and to obtain all necessary approvals for the notification of award and signing of a contract with the successful Tenderer before the expiry of the tender validity period.

The tender validity period specified in the tender documents shall vary, depending upon the complexity of the tender. It shall normally be between 60 (sixty) days and 120 (one hundred and twenty) days. However, to suit the requirement of a particular procurement shorter/longer periods may be authorised by the Head of a Procuring Entity or an officer authorised by him/her.

(2) A Procuring Entity shall complete a tender evaluation within the initial period of tender

validity, so that an extension to the validity period shall not be required. However, if justified by exceptional circumstances, a Procuring Entity may request a Tenderer to extend the validity period of its tender.

Procuring Entities shall send a written request to Tenderers in which they are requested to extend the validity period of their tenders. The request shall state the new date for the expiry of tenders. All such requests for extension to tender validity periods shall be sent to Tenderers not later than ten (10) days before the expiry date of the concerned tender.

Tenderers are not obliged to agree to such requests. However, if a Tenderer agrees to extend its tender, such agreement shall be in writing and to the new date for the expiry of tenders that has been requested by the Procuring Entity. Also, if a Tenderer has submitted a tender security, as a requirement of the tendering terms and conditions, the tender security shall be extended, along with tender validity as detailed in Regulation 28(4).

If a Tenderer should decide not to extend its tender, then it may do so without forfeiting its tender security. In such cases, the concerned tender shall receive no further consideration in the evaluation proceedings and the tender security shall be returned, as soon as possible, to the Tenderer or its bank, as appropriate.

(3) Extension of tender validity shall not be requested without prior concurrence of the

Head of a Procuring Entity in the first place, and all initial extensions to tender validity periods shall be approved by the Head of a Procuring Entity. If exceptionally justified under special circumstances of complex nature, a second extension to the validity period of tenders may be granted with the prior approval of the Secretary of the Ministry concerned.

(4) A Procuring Entity may include, in the tender document, a condition that tenders shall

be accompanied by a tender security.



The purpose of the tender security is to discourage irresponsible Tenderers who are not seriously interested in the proposed tender. A tender security shall be requested for all procurement except those undertaken by Direct Procurement Method (Regulation 18(2), below the threshold value specified in the Appendix-A) and Requests for Quotations Method, (Regulation 20).

The amount of tender security required shall be expressed in the tender document as a fixed amount and not as a precise percentage of the estimated total contract value. Such fixed amount shall not exceed three (3) percent of the estimated total contract value, but may be reduced to two (2) percent or, even one (1) percent for high value tenders. Example: If the estimated total contract value of the tender is Tk. 500,000 then a tender security of 3% would be Tk 15,000 (of 2% Tk 10,000 and of 1% Tk 5,000). The required fixed tender security should be set slightly lower than the exact percentage say at Tk 14,000 (or Tk 9,000 or Tk 4,500). This will ensure that the Tenderer is unable to determine the actual estimated contract value as they will not know whether the value is based on a fixed amount equal to 3% (or 2% or 1%), or on the slightly lower estimates. The tender security can also be calculated on a lot-by-lot basis with different percentages for each lot (say, 1.10% in lot 1, 1.30% in lot 2, and 1.50% in lot 3, etc.); these sums being rounded up to a fixed amount), but the fixed amount should be stated in the tender document against each lot. The tender security may be: (a) in the form of a pay order, or (b) in the form of a bank draft, or (c) in the form of an irrevocable bank guarantee, only issued by a scheduled bank of Bangladesh at the option of the Tenderer.

The tender security shall remain valid for a period of twenty-eight (28) days beyond the expiry date of the tender. This is to enable a Procuring Entity to have time to make a claim against a Tenderer in the circumstances detailed in Regulation 28(5). In the event of an extension to the validity period of the tender, the tender security shall be extended to a date twenty-eight (28) days beyond the new expiry date of the tender. The Procuring Entity shall advise the Tenderer of the date by which the extension to the tender security shall be received.

In case of doubt, authenticity of tender security and its extension submitted by a Tenderer can be verified by the Tender Evaluation Committee (TEC) by sending a written request, prior to finalisation of the Tender Evaluation Report, to the branch of the Bank issuing the bank draft, pay order or irrevocable bank guarantee to seek confirmation of their issuance of a tender security. The Tenderer whose tender security is not found to be authentic shall no longer be considered for further evaluation, and in such cases, the Procuring Entity shall proceed to take measures as stated under Regulations 15 (Corrupt, Fraudulent, Collusive or Coercive practices).

(5) The tender security shall be forfeited if the Tenderer:

- withdraws its tender after the closing date for tenders, but before the expiry

date of the tender validity; - refuses to accept a contract award arising from the tender concerned or fails to

provide a performance security or refuses to sign the contract; and



- does not accept the correction of arithmetical errors within its tender amount as detailed in Regulation 31 (Examination and evaluation of tenders).

Regulation 29. Submission and receipt of tenders (1) All tenders shall be in writing, signed and submitted in a sealed envelope. They shall

be delivered to the place(s) stated in the tender document, prior to the deadline for the submission of tenders stated in the tender document or amendments thereof.

Tenderers are not permitted to submit tenders by telex, facsimile or electronic mail. Any such submission shall not be considered even, if it is subsequently submitted in accordance with the requirements set out in the preceding paragraph. Tenders can be delivered only by hand or mail, including courier services.

All tender documents shall contain instructions to Tenderers concerning the manner in which tender envelopes shall be marked and submitted. Tenders shall be properly marked by Tenderers in order that they shall not be confused with other types of correspondence which may also be hand-delivered or posted by mail or courier service.

It is important that Tenderers properly seal and mark the envelopes to ensure that they are not only “intact and sealed” at the time of opening of the ‘tender box’, but also have not been opened at any time prior to this because they were inadequately marked. The Tenderer is solely and entirely responsible for pre-disclosure of tender information if the envelopes are not properly sealed and marked. If such a case arises during the time of opening, the Chairperson of the TOC shall, at his/her discretion, decide if any disclosure of information contained in the tender has tainted the integrity of the tender process or not and accordingly accept or reject this tender.

All tenders received shall be kept in a secured and safe place with the Procuring Entity as its custodian. For instance, locked tender boxes/cabinets are used in many cases. When the tenders are in large volume or envelopes are large and/or thick, it is usually directly received by an assigned officer of the Procuring Entity. Whatever is the case, the Procuring Entity shall ensure the safety and security of tenders when they receive them.

When a Tenderer submits a tender it may request a receipt. In such cases, the officer receiving the tender shall issue a receipt stating name and address of the Tenderer and the date and time of receipt of the tender. A receipt shall also be given when a tender is sent through either courier service or by post.

Although the issue of a tender receipt is not a mandatory requirement of the Regulations, it is advisable for Procuring Entities to automatically issue receipts to Tenderers, irrespective of whether a receipt is requested by the Tenderer, so there can be no doubt as to whether or not a tender has been received.

(2) Tenders received after the deadline for the submission shall be returned to the

Tenderer unopened. Regulation 30. Opening of tenders (1) The time stated in the tender document for the opening of tenders, should be

immediately after the deadline for the submission of tenders. A Procuring Entity shall



open in public and only in one place all tenders received on or before the deadline for the submission of tenders. In this respect, reference shall be made to earlier comments at Regulation 24(1) concerning the opening of tenders for which ‘multiple dropping’ has been permitted.

The location and the place where the tenders shall be opened should be suitably equipped and reserved in advance for the purpose of the tender opening.

(2) A Tender Opening Committee (TOC) shall be formed by each Procuring Entity

comprising a minimum of 3 members, at least one of who shall be the member of the Tender Evaluation Committee (TEC). However, the TEC can also be the TOC, the latter shall be formed by the Head of a Procuring Entity or an officer authorised by him/her or an approving authority (Regulation 2: definition of the ‘approving authority’).

As attendance of Tenderers or their authorised representative is optional, the start of the tender opening shall not be delayed, even if every Tenderer is not represented. A representative may be asked to produce authorisation from a Tenderer to show that he is authorised to attend the opening on Tenderers’ behalf. Persons not connected with the subject tendering are not allowed to attend the opening of tenders.

All persons attending the tender opening shall sign the Attendance Register, duly counter signed by members of the TOC.

A Tender Opening Sheet (TOS), upon which to record the opening, shall be prepared to enable the TOC to record the information announced at the opening.

(3) The following information, at the minimum, shall be read out from the original version of

each tender and recorded on the TOS:

- name of the Tenderer; - withdrawal or modifications, if any; - the tender price. - discounts, if any; and - presence of tender security, if required.

Tender modifications or discounts, which are not read out at the tender opening or recorded on the TOS, shall not be considered in the evaluation of the concerned tenders. No tender shall be rejected at tender opening except for late tenders pursuant to Regulations 29(2).

Upon completion of opening of the tenders, all members of the Tender Opening Committee and the Tenderers or their representatives who attended the tender opening shall sign the TOS. Copies of which shall be issued to the Head of a Procuring Entity or an officer authorised by him/her and to any Consultants employed in the project. Upon request copies can also be made available to the Tenderers.

(4) Any tender that was not opened at the tender opening, shall not be considered and

shall be returned unopened. Regulation 31 Examination and evaluation of tenders

Procuring Entities shall examine and evaluate tenders strictly in accordance with the provisions of the Regulations and the requirements contained in the tender document. The Procuring Entity shall also ensure that it follows the requirements of Procurement



Processing and Approval Procedures (PPAP), in combination with Delegation of Financial Powers (DoFP). The PPAP indicates the procedures to be followed by each Procuring Entity with regard to the formation of the Tender Evaluation Committee (TEC), the appointment of its Chairperson and members and describes the administrative procedures to be followed during the evaluation and approval process. An explanation of the relevant provisions of the Regulations is shown below:

(1) The Regulations require that a Procuring Entity shall appoint only one (1) TEC as per

the DoFP following the PPAP to examine, evaluate and prepare a report with recommendations for award, for submission directly to the approving authority.

The Procuring Entity may form:

- only one (1) TEC to handle all the procurement for that Procuring Entity,

especially if that Procuring Entity only handles a limited number of tenders yearly, or is capable of evaluating all its procurement needs through that one (1) TEC;

- more than one (1) TEC if it finds that its procurement is such that many tenders

are to be examined/evaluated monthly, whereby it would not be practical or reasonable to have only one (1) TEC;

- a separate TEC to evaluate a specific large value or complex tender; and/or - a separate TEC, on an as required basis, for all other cases where the approval

of award is at a level of Ministry or above. However, the evaluation of tenders for the same procurement object shall, under no circumstances, pass through more than one (1) TEC. In all cases the Head of a Procuring Entity or an officer authorised by him/her or an approving authority shall approve the composition of each TEC. The TEC members themselves shall examine and evaluate the tenders, and prepare the evaluation report including recommendations for award of contract, without delegating any responsibility to others. The Head of a Procuring Entity or an officer authorised by him/her or an approving authority may also appoint a Technical Sub-Committee and/or other experts if it is felt that a particular tender requires such assistance, provided that it follows the timeline stipulated in the PPAP.

The TEC shall examine and evaluate the tenders, and prepare the evaluation report including recommendations for award of contract and submit the report directly to the approving authority following the requirements of the PPAP.

(2) The TEC shall consist of a minimum of five (5) members, of who two (2) shall be from

outside the Procuring Entity and shall have the professional knowledge required to assist in the evaluation of those particular tenders. Such two members of the TEC shall be selected and appointed by the Head of a Procuring Entity or an officer authorised by him/her.

Depending on the specific nature of the evaluation, the outside members can be from Government/Autonomous/Semi-Autonomous organizations, and/or from Universities and/or reputable professional bodies. The TEC shall be formed in such a way that the



two outside members are not from within a different unit of the same Procuring Entity or the same Ministry/Division/Agency, and that they are truly independent from the Procuring Entity.

Examples: If a tender evaluation is being carried out on tenders received by the Roads and Highways Department (RHD) and the estimated cost of those tenders is such that, as per DoFP the approving authority is the Chief Engineer, then in his/her discretion, he/she shall ensure that the two external members in the TEC shall be from two different organizations outside of RHD and the Ministry of Communications. Similarly, if a tender evaluation is being carried out on tenders received by the RHD and the estimated cost of those tenders is such that, as per DoFP the approving authority is the Executive Engineer, then in his/her discretion, he/she shall ensure that the two external members in the TEC shall be from two different organizations outside of RHD and the Ministry of Communications. However, for low value procurement where the tender value does not exceed the threshold value for use of Restricted Tendering Method [Regulation 17(2)], Direct Procurement Method [Regulation 18(2)] and Request for Quotations Method [Regulation 20(1) & (2)] as specified in Appendix-A; or in the Open Tendering Method [Regulation 16] where the tender value does not exceed the threshold value stated in Regulation 17(2), in each and every case the outside members of the TEC may be appointed by the Head of a Procuring Entity or an officer authorized by him/her from other Procuring Entities established under the same Ministry/Division/Agency. Once the TEC has been appointed, its members can only be removed from the Committee by the Head of a Procuring Entity or an officer authorised by him/her or an approving authority for valid grounds, which may include, but are not limited to: - failure to disclose his/ her connection with a Tenderer, even if the member

continues to act in an impartial manner; - regular failure to attend TEC meetings; and - any action that is in direct breach of Regulation 15 (Corrupt, Fraudulent,

Collusive or Coercive practices).

TEC members may be selected from: - officers of the concerned unit of the Procuring Entity e.g. Finance, Commercial

and Technical units; - officers from the concerned Ministry/Division or other Agencies under the

concerned Ministry/Division; - officers from the end-user/beneficiary entity; and - technical/commercial/financial/legal experts from other Ministries / Divisions /

Agencies, and/or from universities and/or reputable professional bodies in the case of the two outside members.

(3) Members of the TEC are required to:

(a) certify collectively in the Tender Evaluation Report, by jointly signing that “in compliance with Regulations 31(3) of the Public Procurement Regulations 2003, the Tender Evaluation Committee certifies that the examination and evaluation has followed the requirements of the Regulations, the Procedures and tender document, that all facts and information have been correctly reflected in the



Evaluation Report, and that no substantial or important information has been omitted; and''

(b) sign singularly, a declaration of impartiality individually in the following manner after opening of the tenders “ I, ………………………… (name of the TEC member and designation), do hereby declare and confirm that I have no business or other links to any of the competing Tenderers”.

However, as any list of Tenderers shall not be known in advance, it may become necessary to replace members of the TEC, if tenders are received from Tenderers with whom members have business or other links.

The TEC shall, to the extent practical and possible, work continuously once they have begun an evaluation in order to complete evaluations as per time frame specified in the PPAP. It is the responsibility of the TEC members upon accepting their roles on the TEC, to secure permission from their controlling officers to allocate enough time for the tender evaluation task. The Chairperson of the TEC may designate one of the members as Member Secretary of the TEC.

The Regulation 2003 has mandated the appointment of two evaluation members from outside the Procuring Entity within the evaluation committee. Having regard to expediency, these procedures foresee that an incentive payment (in the form of a fixed lump sum) may be provided to members of the Evaluation Committee for high value contracts where the approving authority is the Head of a Procuring Entity or above, should the circumstances require so and financial provisions are available. In order to ensure smooth operation of the TEC it is therefore necessary to earmark the costs related to evaluation committee members in existing and future PP/TAPP, should such incentive payments be foreseen. In case of procurement funded from the Revenue Budget, the budgetary provisions for such costs need to be foreseen by the Secretary of the relevant Ministry / Department / Procuring Entity.

(4) It is necessary for a Procuring Entity to review the estimated cost and the budget for

each tender, prior to commencement of a procurement activity. Therefore, a Procuring Entity shall:

(a) before the finalisation of the tender document, assess the cost of the

procurement object and prepare an official estimate on the basis of prevailing market price. The Head of a Procuring Entity or an officer authorised by him/her shall approve this estimate and it shall then be kept confidential under sealed cover only to be opened by the TEC during the evaluation process.

In order to safeguard this envelope, it shall be kept in the safe of the Head of a Procuring Entity or an officer authorised by him/her. The envelope shall be sealed in wax, with an official stamp, in order to ensure it is not opened and re-sealed.

(b) The Procuring Entity shall not automatically exclude tenders merely on the basis

of comparison with an official estimate, regardless whether the tendered price is above or below the estimate.

(5) A Procuring Entity may ask Tenderers for clarification in writing of their tenders in order

to assist the examination and evaluation of the tenders. However, tender clarifications which may lead to a change in the substance of the tender or in any of the key elements of the tender (e.g. price, delivery schedule, etc.), shall neither be sought from



Tenderers by the TEC, nor offered by the Tenderers nor the Tenderers are permitted to do so.

The Chairperson of the TEC shall sign all requests for clarification and/or correction of errors in tenders.

All clarification requests shall remind Tenderers of the need for confidentiality and that any breach of confidentiality on the part of the Tenderer may result in their tender being disqualified.

(6) A Procuring Entity shall correct purely arithmetical errors that are discovered during the

examination of tenders, and shall promptly notify any such correction(s) to the concerned Tenderer(s). Such notification shall be undertaken in accordance with the procedure described in Regulation 31(5).

(7) Subject to the Regulation 31(8), a Procuring Entity may regard a tender as responsive,

i.e. accepted for evaluation, only if it complies with all requirements set out in the tender document. Only tenders that comply with the requirements of the tender document may be considered in the evaluation.

There is no requirement for a minimum number of responsive tenders, i.e. an evaluation shall be proceeded with and an award shall be made even if only a single tender is received and found responsive, provided the tender has been widely advertised as per requirement of the Regulation 21, the tender price is reasonable compared with the prevailing market price and/or within the official estimate and the tender meets the technical specifications and commercial terms and conditions set out in the tender document.

(8) A Procuring Entity may regard a tender as responsive, even if it contains minor

deviations, i.e. minor variations, which do not significantly alter or depart from the technical specifications, characteristics and commercial terms and conditions and other requirements set out in the tender document. A tender may also be considered responsive even if it contains errors or oversights, which if corrected, would not alter the key aspects of the tender. Any such deviations shall be quantified, as far as possible and appropriate account of them should be taken in the evaluation and comparison of tenders.

(9) A Procuring Entity shall not accept a tender when:

(a) the Tenderer has failed to demonstrate its qualifications as required under Regulation 25(1g);

(b) the Tenderer does not accept a correction of an arithmetical error made in

accordance with Regulation 31(6); and

(c) the tender is not substantially responsive, i.e. it does not sufficiently meet the requirements of either the qualifications, technical specifications or financial and commercial terms and conditions set out in the tender document.

(10) A Procuring Entity shall evaluate and compare tenders that are responsive to the

requirements of tender documents in order to identify the successful Tenderer, as described in Regulation 31(13) below.

There shall be no consideration within the tender evaluation of any information

contained in a tender submission that was not requested in the tender document.



The basis of comparison shall be the delivered price, inclusive of all taxes and customs duties

(but excluding VAT) and otherwise in accordance with the evaluation criteria set out in the tender document.

Tenders shall not, under any circumstances, be evaluated on any basis other than the criteria

and relevant methods specified in the tender documents. If there is any deviation from these requirements by the TEC, the approving authority may reject the Tender Evaluation Report and may asked TEC to re-evaluate the tenders.

All documents related to the evaluation proceedings shall be safeguarded in an office of the

Procuring Entity that can only be accessed by members of the TEC. (11) A Procuring Entity may process a single tender, if only one tender is submitted on the due time

and date, provided wide advertisement has been made as per requirements of the Regulations 21. If the tender is found to be responsive, the Procuring Entity shall evaluate the tender in accordance with Regulation 31(13). If the tender is found to be fully compliant with the tender document and the price is within the official estimate and/or comparable with the prevailing market price, then the tender may be submitted to the approving authority with a recommendation for award of contract following the PPAP. The TEC shall appropriately explain in the evaluation report the rationale for accepting the single tender on the basis of above.

(12) If, after completing the tender evaluation, a Procuring Entity finds there is only one compliant

(responsive) tender remaining and the price is within the official estimate and/or comparable with the prevailing market price, then the tender may be submitted to the approving authority with a recommendation for award of contract following the PPAP.

(13) The successful Tenderer shall be the Tenderer with the lowest evaluated tender cost,

calculated upon the basis of factors affecting the economic value of the tender which have been specified in the tender document. To the extent practicable, these factors shall be objective and quantifiable and shall be given a relative weighting (as adjustment to the tender price without allocating any points or marks) in the evaluation method or be expressed in monetary terms, wherever practicable.

Examples: One of the factors affecting the economic value may be the delivery schedule for goods or

completion schedule for works. If a delivery or completion schedule for goods or works is between 15 and 18 months, then the tender price of tenderers offering delivery or completion schedule between 15 and 18 months may be adjusted for evaluation purpose only, if it is so specified in the tender document, by applying a certain percentage of the tender price or a lump sum amount for each week of delay beyond 15 months. Other factors affecting the economic value may be life cycle cost, cost of spare parts, performance or productivity of the equipment, etc.

(14) If there is a tie for the lowest evaluated price, the Tenderer with the superior past performance

(e.g. Tenderer who successfully completed three previous contracts will receive preference over the Tenderer who has successfully completed only one previous contract) with the Procuring Entity shall be selected. If there is a tie and none of the Tenderers has past performance with the Procuring Entity, then the Tenderer who has demonstrated, in the documentation provided, a superior past performance with other Procuring Entities shall be selected, subject to confirmation through the post-qualification process described at Regulation 34.

To avoid a tie, the Procuring Entity may ask the Tenderer to submit their financial offer in three

digits after the decimal, without the third digit being a ''zero''. (15) The successful Tenderer shall not be selected by lottery under any circumstance. Lottery

undermines the whole process of tendering, deprives Procuring Entities of competitive tender price and is likely to be abused through collusive practices as described in Regulation 15.

(16) If, after completing the evaluation, it is found that the lowest evaluated tender is significantly

higher than the official estimate and/or available budget, but is within an acceptable range of the prevailing market price levels, the TEC may recommend to the



approving authority to accept the tender or to reduce the scope of the requirements for the concerned procurement and correspondingly award the contract to the successful Tenderer.

If a Tenderer offers a price significantly below the official estimate then the TEC should

investigate the real reasons behind such a low price (e.g. request a Tenderer to submit a rate analysis) and only exclude this tender from the competition, when it becomes very clear that this Tenderer is inexperienced and cannot price its tender properly. However if the Tenderer quotes a low price just because it happens to enjoy some favourable conditions with respect to this tender or because it has a particular interest in maintaining its workforce busy during a low business season then its tender should be considered as responsive and evaluated accordingly.

The recommendation to the approving authority should be based upon a report

prepared by the TEC that should identify the reason for the high cost of the tender, as evidenced by unit rates in the tender and/or scope of work set out in the tender document and a comparison with the actual market conditions and related prices.

In the event that the Procuring Entity decides to reduce the scope of the requirements

to meet the available budget, the Tenderer is not obliged to accept the award and cannot be penalised in any way for rejecting the proposed award. An exception to this would be if a award was within the scope of any requirement of the Instructions to Tenderers in the tender document that permitted the Procuring Entity to either reduce or increase the scope of supply / works by a stated percentage and / or quantity.

(17) If, after completing the evaluation, it is found that the lowest evaluated tender is

significantly higher than the prevailing market price levels, then the TEC may recommend to the approving authority either to reduce the scope of the requirements or to reject all tenders in accordance with Regulation 14 (Rejection of all tenders, proposals and quotations).

If the Procuring Entity’s decision is to proceed in accordance with Regulation 14, but it

still wishes to complete the required procurement, it shall then take action in accordance with Regulation 14 (Rejection of all tenders, proposals and quotations) and proceed for re-tendering using revised tender documents, if necessary, and/or wide advertisement in accordance with the Regulation 21.

The following general procedures shall also be noted during examination and

evaluation of tenders: The Tender Evaluation Report shall list, in ascending order, the evaluated cost of all

responsive tenders. This is required in order to prevent the Procuring Entity from having to re-submit the Tender Evaluation Report to the approving authority, should the Tenderer with the lowest evaluated cost reject the award or fail to post-qualify (Regulation 34) or fails to provide its performance security or fails to sign the contract as described in Regulation 36 (Notification of award and signing of contract).

All members of the Committee, with their name and designation clearly stated therein,

shall sign the evaluation report. In case of any disagreement by any member of the TEC on the recommendations of

the evaluation report, the member may provide a note of dissent, always provided that, the concerned member shall describe his/her reasons in detail for not agreeing to the overall recommendation of the TEC. The TEC Chairperson shall submit the evaluation report along with recommendations for award and the note of dissent, if any, to the



approving authority following PPAP. The approving authority shall make his/her decision based on the information provided in the evaluation report. In order to assist in making decision on the tender, the approving authority, in his/her sole discretion, may obtain expert opinion concerning the disputed matter in the tender.

Regulation 32. Process to be confidential (1) After the opening of tenders, information relating to the examination, clarification,

evaluation of tenders and recommendations for award shall not be disclosed to either Tenderers or any other persons not officially concerned with the evaluation process until the award of contract is announced.

This requirement includes all Procuring Entity personnel and any other government

officials who may be involved in the procurement proceedings. The submitted tenders shall always be kept under lock outside working hours and shall not be removed from the office of the Procuring Entity, i.e. it is not allowed for TEC members to scrutinise the tenders outside the offices of the Procuring Entity.

(2) Following the opening of tenders and until a contract has been signed, no Tenderer

shall communicate with the concerned Procuring Entity in any manner, unless requested to provide clarification to its tender as described in 31(5) or seek to influence, in any way, the Procuring Entity’s examination and evaluation of the tenders.

(3) Any effort by a Tenderer to influence a Procuring Entity in its decisions concerning

tender evaluation or contract award may result in the rejection of the Tenderer’s tender and possibly further action in accordance with Regulation 15 (Corrupt, Fraudulent, Collusive or Coercive Practices).

Regulation 33. Negotiation and modification of Tender (1) No negotiations shall be held with the lowest or any other Tenderer, except under the

Direct Procurement Method [Regulation 38(1)]. (2) A Tenderer shall not be required, as a condition for award, to undertake obligations not

stated in the tender document, nor to change its price or otherwise to modify its tender. A contract shall only be awarded on the basis of the tender submitted by the Tenderer,

including any modifications to the original tender arising from the tender clarification process described in Regulations 31(5) and 31(6).

Regulation 34. Post-Qualification (1) Prior to finalising the Tender Evaluation Report including recommending contract award,

the TEC shall determine whether the Tenderer, whose tender has been found to offer the lowest evaluated cost, has the capability and resources to effectively carry out the contract as offered in its tender. This process is known as ‘post-qualification’.

(2) The requirements to be met for post-qualification shall be set out in the tender document

and, if the Tenderer does not meet them, its tender shall be rejected. The requirements for qualification of Tenderer are described in Regulations 12(1) and

12(2). In addition, references given by the Tenderer about his previous working experience may be verified, if necessary, to obtain the most up-to-date information available concerning the Tenderer.



As part of the post-qualification task, if considered desirable and practical, the TEC may visit the premises of the Tenderer to verify information contained in its tender. Such visits can be particularly useful when evaluating tenders in respect of high value or complex works projects. The objective of any visit is to verify the qualifications criteria stipulated in the tender document. It should also focus upon a general and visual inspection and verification of the Tenderer’s facilities and its plant and equipment. There shall be no discussion concerning the tender or its evaluation with the Tenderer during such visits and the overall confidentiality of the evaluation process shall be strictly maintained by the TEC.

(3) In the event that the Tenderer with lowest evaluated cost fails the post-qualification

examination, the TEC shall make a similar determination for the Tenderer offering next lowest evaluated cost and so on from the remaining responsive tenders.

However, such action shall only be taken if the actual evaluated cost of the tender is

acceptable to the Procuring Entity. When the point is reached whereby the evaluated costs of the remaining responsive tenders are significantly higher than that of the official estimate, or prevailing market price, the Procuring Entity may take action in accordance with Regulation 14 (Rejection of all tenders, proposals and quotations) and may proceed for re-tendering, using revised tender document, if necessary.

Instructions for Post-qualification have been included in STDs. Regulation 35. Approval of contract award (1) The TEC shall submit the Tender Evaluation Report with its recommendations for

award of contract to the approving authority, as stated in Regulation 57 (Approval Procedures and Delegation of Financial Powers). The report shall be finalised timely in order that the award can be notified before the expiry date of the validity of tenders, without the Procuring Entity having to seek an extension to the validity of the tenders.

All Tender Evaluation Reports shall be sent to the approving authority as per PPAP. In

the case of a recommendation for the rejection of all tenders or for the award of a reduced scope of requirements or for re-tendering, the approving authority having accepted the recommendation of the report, shall take appropriate action(s) (where Head of a Procuring Entity or an officer authorised by him/her is the approving authority) or send it to the Head of a Procuring Entity or an officer authorised by him/her for action, as required.

The approving authority shall review and approve the award recommendation or raise

objections within the time specified in the PPAP. If objections to the content of the report are raised, they should be sent to the Chairperson of the TEC that should meet and respond to the objections within three (3) working days. Such proposals shall be sent back through the same route through which request for approval was initially submitted.

(2) All contract awards above the value specified in Appendix A shall be notified to the

CPTU for publication on the public procurement website and / or national newspaper.

The standard format for Notification of Award of Contract above the value specified in Appendix-A for publication in the CPTU website is attached at Appendix-F.

For Contracts below the thresholds set out in Appendix A, contract award announcements shall be published by the Procuring Entity on its Notice Board and



where applicable on the website of the Procuring Entity. Contract award announcements shall be made available within one (1) week of the issuance of the notification of award and posted on the website for a period of not less than one (1) month.

Regulation 36. Notification of award and signing of contract (1) Prior to the expiry of the tender validity period and within one (1) week of receipt of the

approval of the award by the approving authority, a Procuring Entity shall issue Notification of Award (NOA) to the successful Tenderer. The notification of award, attaching the contract as per sample given in the STDs to be signed, shall state:

- the acceptance of the tender by the Procuring Entity; - the price at which the contract is awarded; - the amount of the performance security and its format; - the date and time within which the performance security shall be submitted; and - the date and time within which the contract shall be signed. The Notification of Award shall be accepted in writing by the successful Tenderer within 7(seven) working days form the date of award.

(2) The amount of performance security shall be sufficient to ensure the proper

performance of the contract and shall be of an amount as specified in Appendix A. (3) The notification of award establishes a contract between the Procuring Entity and the

successful Tenderer. The existence of a contract is confirmed through the signature of the contract document that includes all agreements between the Procuring Entity and the successful Tenderer. The contract shall be signed by the person authorised to do so on behalf of the Procuring Entity and the Contractor/Supplier.

The form of contract shall be finalised and signed by the delegated official upon the receipt of the acceptance of the award by the successful Tenderer.

The duly authorised officer of the successful Tenderer shall sign the contract and the Tenderer shall submit the performance security, within twenty-one (21) days from the date of notification of award.

Before signing the contract the Procuring Entity shall verify the authenticity of the performance security submitted by a Tenderer, by sending a written request to the branch of the bank issuing the bank draft, pay order or irrevocable bank guarantee. If a performance security is not found to be authentic, the Procuring Entity shall proceed to take measures against the Tenderer as stated under Regulations 15 (Corrupt, Fraudulent, Collusive or Coercive Practices).

(4) If the successful Tenderer fails to provide any required performance security as stated

in Regulation 36(2) or fails to sign the contract as stated in Regulation 36(3), a Procuring Entity shall proceed to award the contract to the next lowest evaluated Tenderer, and so on by order of ranking.

However, such action shall only be taken if the evaluated cost of the tender is acceptable to the Procuring Entity. When the point is reached whereby all evaluated costs of the remaining responsive tenders are significantly higher than that of the official estimate or budget provision or prevailing market price, the Procuring Entity may take action in accordance with Regulation 14 (Rejection of all tenders, proposals



and quotations). If all tenders are rejected, the Procuring Entity may proceed for re-tendering using revised tender document, and giving wide advertisement as per Regulation 21.

A Flow Chart on process to be followed and activities to be undertaken for procurement of goods & related services and works & physical services under Open Tendering Method is attached at Appendix-F.

CHAPTER VI. OTHER PROCUREMENT METHODS Regulation 37. Restricted Tendering Method (1) The circumstances in which the Restricted Tendering Method may be used are

described in detail in Regulation 17 (Conditions for the use of the Restricted Tendering Method).

However, apart from the differences described below, Procuring Entities shall follow the same procedures as for Open Tendering Method detailed in Chapter V (National Open Tendering Method) when using the Restricted Tendering Method.

The procedures to be followed for procurement of goods and related services and works and physical services under Restricted Tendering Method shall be as follows:

(a) Procuring Entities, who need to purchase goods and related services of a

specialised nature and who know the limitations on the availability of Suppliers to provide these goods and related services, may directly select a number of Tenderers, without going through advertisement as per Regulation 21. The number of Tenderers selected should be sufficient that fair competition is ensured.

Procuring Entities, who maintain updated lists of enlisted/qualified potential

Tenderers under Regulation 12(7), may select Tenderers to be invited from among those listed without going through advertisement as per Regulation 21. The selection shall be made without discrimination, i.e. the same persons and/or firms shall not be regularly excluded from the list of Tenderers invited to tender. The number of Tenderers invited shall be sufficient (preferably not less than 6 Tenderers) to ensure effective competition (not less than 2 responsive tenders are required for a decision on award to be effective). As all enlisted Suppliers and/or Contractors are supposed to have achieved the minimum level of requirement, the Procuring Entity may select Tenderers to be invited from among those listed in a rotational manner so that all of them get equal opportunity in submitting tender.

If lists of qualified Suppliers/Contractors are not maintained by the Procuring Entity, then it can use such lists that are maintained by other key Procuring Entities or such lists posted for this purpose by the CPTU on its website. Otherwise, it shall use the Open Tendering Method with or without Pre-qualification, as described in Regulation 24 (Invitation for Tender).

(b) the time allowed for the preparation of tenders by Tenderers shall not be less

than 14 days for goods and related services and 21 days for works and physical services as stated in Regulation 24(2) (Invitation for tender).



(c) under Restricted Tendering Method, tender security is not mandatory. A Procuring Entity may decide, depending upon circumstances, whether or not a tender security is required. However, it is preferred to obtain tender security.

In regard to the maintenance of lists of qualified potential Suppliers and/or Contractors, Regulation 12(7) applies. This requires Procuring Entities to re-evaluate their list(s) on an annual basis. This process of re-evaluation requires entities to advertise once in a Financial Year as per Regulation 21 so that new persons and/or firms may have the opportunity to present their qualification submission for consideration. Persons and/or firms, who are already on the list(s), may be required to present new or additional qualification information.

(2) For goods and related services and works and physical services required under

Regulation 17(1b), e.g. when time and administrative cost for going through Open Tendering Method would be high compared to the value of the object of procurement, the Procuring Entity shall invite tenders from those limited number of enlisted potential Suppliers or Contractors from whom the goods and related services or works and physical services are known to be available using procedures stated in Regulation 12(7) and 37(1a).

A Flow Chart on the process to be followed and the activities to be undertaken for procurement of goods and related services and works and physical services under Restricted Tendering Method is attached at Appendix-G1.

Regulation 38. Direct Procurement Method

(1) The circumstances in which the Direct Procurement Method may be used are described in detail in the Regulation 18 (Conditions for use of Direct Procurement Method).

When a Procuring Entity undertakes Direct Procurement Method, it shall prepare a description of its needs and any special requirements concerning quality, quantity, terms and times of delivery. The Procuring Entity shall, in the first place, ask for a quotation from a single Tenderer directly and afterwards shall be free to negotiate with the selected sole Tenderer. There is no requirement for Direct Procurement to be advertised, nor is there a need for a tender security.

The preparation of tender documents and the evaluation of the sole Tenderer shall follow the same procedure as in Open Tendering Method and the evaluation report submitted to the approving authority shall clearly mention the justification of the selection of Direct Procurement Method.

However, the Regulations do not permit negotiation for direct procurement under Regulation 18(1i), e.g. for purchase of essential goods, when the Government determines the purchase price rate.

(2) Following the approval of the Tender Evaluation Report, all direct procurement

undertaken in accordance with Regulation 18(1) shall be confirmed by a contract entered into by the Procuring Entity and the Tenderer.

The award and signature of contract shall be undertaken in the same manner as for Open Tendering Method detailed in Chapter V (Open Tendering Method).



With regard to the direct procurement of readily available standard low value goods and unforeseen urgent services e.g. computer accessories, transportation of office furniture from one location to another, routine plumbing, carpentry services, emergency repair work, as described in Regulation 18(2) requires no signed contract to be entered into. Such procurement requires no performance security and shall take place by means of a Purchase Order/Work Order issued by the Procuring Entity to the Supplier, with terms and conditions, where applicable, included in it. In such cases, where no signed Contract is required the sole tender may be submitted directly to the approving authority without going through the TEC.

A Flow Chart on the process to be followed and the activities to be undertaken for procurement of goods, works and unforeseen urgent services under Direct Procurement Method is attached at Appendix-G2.

Regulation 39. Two-Stage Tendering Method (1) As detailed in Regulation 19 (Conditions for the use of the Two-Stage Tendering

Method), a Procuring Entity may use Two-Stage Tendering Method for the procurement of large or complex contracts. In the First-Stage, a Procuring Entity shall invite through advertisement as per Regulation 21 unpriced technical proposals on the basis of tender documents which outline a conceptual design and/or specific performance requirements.

A conceptual design would focus mainly upon the presentation of a functional design that provides potential Tenderers with basic technical information, e.g. stipulated performance specifications, outline technical specifications, visual, operational and economic details of the required procurement object.

In addition to indicating the contractual terms and conditions of supply, the tender documents shall state the criteria that shall be used to determine whether or not a tender submission is responsive. These shall include:

(a) the relative managerial and technical competence of the Tenderer; and (b) the effectiveness and future adaptability of the proposal submitted by the

Tenderer in meeting the procurement needs of the concerned Procuring Entity. For inviting such unpriced conceptual design there shall be no requirement of submitting tender security by the Tenderers in the First-Stage.

(2) In response to the invitation, Tenderers shall submit tenders describing the technical

performance, quality and other characteristics of the goods and related services and works and physical services which they consider best suited to meet the Procuring Entity’s needs and shall also comment upon the contractual terms and conditions of supply.

The TEC shall evaluate all tenders received and in view of the nature of procurement object, this work may require the appointment of a Technical Sub-committee (TSC) and/or at the discretion of the Head of a Procuring Entity or an officer authorised by him/her or an approving authority, additional external technical experts, with specific knowledge of the object of procurement and services required, from the user/beneficiary entity, to assist the TEC in the evaluation of the concerned tenders.



The TEC shall review the tenders in order to identify those tenders that are responsive to the terms and conditions of the tender documents. Tenders that are found to be non-responsive shall receive no further consideration.

The TEC shall then enter into confidential and separate discussions with each of the responsive Tenderer concerning any part of their tender. As the tenders have been submitted on an unpriced basis, the TEC shall not raise the issue of price during these discussions, neither shall the Tenderers be permitted to discuss price.

The Procuring Entity shall undertake these discussions in such a manner that competing Tenderers are not aware of either the identity of other Tenderers or of any aspect of their tender. It is quite likely there shall be a need for more than one meeting with each Tenderer, as the Procuring Entity may learn additional information and ideas from each successive meeting that should be discussed with other Tenderers. However, throughout this phase of proceeding, the Procuring Entity shall maintain the confidentiality of each Tenderer and its tender and shall not reveal any confidential information or ideas to other Tenderers.

At the end of these discussions, the TEC shall issue a ‘Minutes of tender adjustments’ to each responsive Tenderer that outlines the changes required in its tender specification and/or design as agreed with the Procuring Entity for inclusion in the Second-Stage tender.

At the end of the First-Stage, the Tender Evaluation Report concerning that stage, including recommendations and non-responsiveness of tenders and each draft Minutes of tender adjustments shall be submitted to the Head of a Procuring Entity or an officer authorised by him/her or an approving authority for review within one (1) week. The preparation and submission of the Tender Evaluation Report shall follow the procedures for Open Tendering Method as specified in Regulation 31.

Upon receipt of the approving authority’s approval to the Tender Evaluation Report, the concerned Tenderer and all members of the TEC shall sign each Minute of tender adjustments. In the event that the approving authority shall not agree with the content of the Tender Evaluation Report, the matter shall be dealt with as detailed in the procedure for Open Tendering Method as specified in Regulation 31.

(3) In the Second-Stage, the Procuring Entity shall revise the tender documents and set

out the detailed evaluation criteria for the Second-Stage tenders. The Procuring Entity shall, where applicable, estimate the full cost of the procurement object during its useful lifetime considering:

- the capital cost of the goods/equipment; - the estimated operating costs; and - estimated maintenance costs.

All responsive Tenderers from the First-Stage shall be invited to submit their priced ‘best and final’ tenders, including tender security, in accordance with the requirements of the Second-Stage tender documents and the individual Minutes of tender adjustments issued to each Tenderer.

(4) The procedure for undertaking the Second-Stage of the tender shall be the same as for

the Open Tendering Method, as detailed in Regulations 24, 25 and 27-36.



A Flow Chart on process to be followed and activities to be undertaken for procurement of goods and related services and works and physical services under Two-Stage Tendering Method is attached at Appendix-G3.

Regulation 40. Request for Quotations Method (1) As stated in Regulation 20 (Conditions for use of Request for Quotations Method), a

Procuring Entity may undertake procurement by means of a Request for Quotations (RFQ) for the purchase of readily available, standard, off-the-shelf goods and related services and low value simple works or physical services, provided the estimated value of the contract does not exceed the amount stated in Appendix A.

The Procuring Entity shall request quotations from as many Tenderer as practicable and shall obtain and compare at least three (3) quotations to establish the competitiveness of the quoted prices. Comparison of two (2) quotations is justified only when there is satisfactory evidence that there are only two sources of supply. To minimise the risk of obtaining only one or two quotations, Procuring Entities are encouraged to initially request at least five (5) Tenderers to submit quotations. The Procuring Entities shall also in the text of their RFQ document instruct potential Tenderers to confirm whether or not they will be submitting a quotation. This is in order not to waste time waiting for Tenderers who are not going to provide a quotation.

The Procuring Entity shall carefully select the Tenderers invited to quote for goods that the goods offered are suitable, reputable, of good quality and are well established in Bangladesh or abroad. Similarly for works, that the Tenderer is reputable and can provide works to the quality required. There is no requirement for RFQs to be advertised.

The RFQ method of procurement is generally restricted to persons or firms resident in Bangladesh and to the supply of goods, of both local and foreign manufacture, which are usually available from more than one source within Bangladesh at a competitive price.

The Procuring Entity shall ensure the same Tenderers are not always invited to quote. This is necessary to diversify the source of supply and to treat all potential Tenderers equally, as long as they provide good performance and economic price.

This is particularly important in the purchase of goods by the RFQ method, as the types of goods likely to be purchased in this way shall probably be available from a number of persons or firms. Also, many of the persons or firm used for RFQs are likely to be stockists who are able to supply a wide range of items. If an entity regularly invites the same persons or firms, such action may lead to the submission of a complaint to the administrative authority (Regulation 51) by persons or firms who are regularly not invited to submit quotations, on the grounds of favouritism and unequal treatment.

However, only a High Commissioner or an Ambassador or a Head of a Bangladesh Mission overseas is permitted, at his discretion, to obtain single source offer through Request for Quotations Method. Such discretion shall be used cautiously by the above mentioned Mission officials when at least 3 (three) quotations are not received. Justification for use of such discretion shall be recorded in writing and maintained as per Regulation 9 (Records of procurement).



(2) The RFQ shall contain clear statements concerning the Procuring Entity’s requirements in respect of the goods and related services and low value simple works or physical services, such as quality, quantity/volume of goods, size of physical services, duration of services, terms and time of delivery/completion, payment conditions, including other special requirements, e.g. installation requirements as appropriate.

The Procuring Entity shall request quotations in writing by letter, fax, telex or electronic mail, etc. The request indicates the date by which the quotations shall be submitted.

Tenderers shall be instructed to submit prices on a basis similar to those used in Open Tendering Method.

In extremely urgent cases, quotations for low value simple works or physical services may be requested in the form of:

- unit rate prices, provided work quantities are available with a reasonable degree of

accuracy;

- ‘cost plus fee’ arrangements, when quantities cannot be reasonably determined in advance; or

- a lump sum based upon cost estimates determined by the Procuring Entity, or if not

possible, by the Tenderers.

The method of evaluation to be used shall be stated in all RFQs; in this respect, reference shall be made to Regulation 40(4).

(3) Tenderers shall be given sufficient time in which to submit their quotations which shall

be presented in writing, as reflected in the Regulation 11. Copies of all quotations, including those submitted by electronic mail, shall be kept for record purposes.

Procuring Entities shall use the Standard RFQ document issued by the CPTU for procurement under Request for Quotations Method.

No tender or performance securities are required when the RFQ method of procurement is used.

The closing date for the submission of quotations shall generally be within one (1) or two (2) weeks from the date of issue of the RFQ, depending upon the urgency and size of the requirement.

If the Procuring Entity has not received at least three (3) quotations within the given time, it shall verify with the other Tenderers to whom it submitted a Request for Quotations whether or not they intend to submit a quotation and if so, how soon.

Unless there is extreme urgency or there are already three (3) or more quotations available, the Procuring Entity may give a reasonable amount of additional time, e.g. three (3) more working days, for other Tenderers to submit quotations. After this 3-day period, the Procuring Entity may proceed with the comparison of the quotations received.

With regard to the receipt of quotations, Procuring Entities shall take note of the Regulation 20(1) and 40(1) and shall strictly follow those conditions.



4) A purchase order/work order shall be placed with the Tenderer whose quotation meets the requirements of the RFQ issued by the Procuring Entity and who quotes the lowest evaluated cost.

Quotations shall be opened and compared by a Procuring Entity’s TEC, following the same procedure as for the Open Tendering Method as specified in Regulations 31. In view of the type and value of goods and related service and low value simple works or physical services which are purchased using the RFQ method of procurement, the criteria considered in the evaluation of quotations are normally a simple determination as to whether quotations meet the requirements specified in the RFQ, following which the lowest priced quotation meeting those requirements is selected.

In special circumstances, the TEC may recommend an award to a Tenderer who has not submitted the lowest priced quotation. For example, a slightly higher price may be justified for faster delivery or immediate availability in cases of extreme urgency, when late delivery may result in heavy consequences for the purchaser. In such cases, the intention to favour early delivery should be indicated in the issued RFQ and the recommendation fully justified by the TEC in its Tender Evaluation Report submitted to the Head of a Procuring Entity or an officer authorised by him/her or an approving authority.

(5) The Tenderer shall confirm receipt of the purchase order/work order in writing to the

Procuring Entity.

The Record of procurement, as described in Regulation 9, shall include the list of Tenderers invited and the list and value of the quotations received and Tender Evaluation Report showing clearly that the award is based on sound economic criteria.

A Flow Chart on the process to be followed and activities to be undertaken for the procurement of goods and related services and low value simple works or physical services under Request for Quotations Method is attached at Appendix-G4.

CHAPTER VII. USE OF INTERNATIONAL COMPETITION Regulation 41. Open tendering with international competition (1) When, due to lack of capacity within Bangladesh there is either no or only limited

competition for the provision of specific goods and related services and works and physical services, a Procuring Entity shall undertake special efforts to improve the level of competition by seeking tenders from foreign persons or firms to accomplish their procurement requirements.

The procedure to be followed by Procuring Entities shall be similar to Open Tendering Method as described in Chapter V of the Regulations (Regulations 21-36), together with the specific instructions specified below. Where appropriate, Pre-qualification shall first be undertaken, followed by tendering. The additional requirements for international tendering are as follows:

(a) the tender documents shall be produced in the English language;

(b) the Invitation for Tender shall be in the English language and shall be placed in a newspaper of sufficient circulation to attract foreign competition. In addition, a



Procuring Entity may send such invitations to embassies and trade representatives of potential supplier countries;

(c) the time allowed for the submission of tenders shall be sufficient to allow the invitation to reach potential Tenderers and to enable them to prepare and submit tenders. The time allowed shall not be less than forty-two (42) days;

(d) technical specifications shall be based upon international standards or those widely used in international trade. Such standards shall be compatible with those in use in Bangladesh and where there are variations, the Bangladesh standard shall be used;

(e) any Tenderers shall be permitted to express their tenders, as well as any tender and performance securities to be presented by them, in their home currencies. Alternatively, they may use another currency widely used in international trade, e.g. the United States dollar. The acceptable alternative currencies shall be stated in the tender document. Tender security shall be provided in the same currency as the tender price;

(f) general and particular conditions of contract shall be of a kind normally used in international trade; and

(g) the tender documents may allow a domestic preference of fifteen per cent (15%) of the delivered price for goods and seven and a half per cent (7.5%) of the contract price for works.

The objective of domestic preference is to provide local manufacturers and Suppliers with a ‘price advantage’ over their international competitors for the purpose of promoting domestic product and/or industries. However, the application of domestic preference by Procuring Entities shall be made strictly in accordance with the procedures set out in the following paragraphs. Goods Procurement: With regard to the procurement of goods, if a Procuring Entity decides that an international open tender shall include domestic preference, it shall be applied as follows: Tenders will be classified in three (3) groups.

- Group A that shall comprise tenders offering goods manufactured in Bangladesh,

for which:

- labour, raw materials and components from within Bangladesh make up more than thirty percent (30%) of the ex-works (EXW) price of the goods;

- the production facility in which they will be manufactured or assembled has

been engaged in manufacturing or assembling such goods since, at least, the date of submission of the tender.

- Group B that shall include all other tenders for goods from within Bangladesh. - Group C that shall include all tenders for offering goods of foreign origin to be

imported by the Procuring Entity directly or through the Supplier’s local representative.

When the received tenders are under evaluation, the following procedure shall be followed:



- The evaluation of tenders shall be carried out in accordance with Regulation

31(10), using as a common comparator:

- the delivered price EXW, including inland transportation costs to the required destination as the basis for Group A and Group B tenders; and

- the delivered duty paid price (DDP), to the same required destination as the

basis for Group C tenders. (excluding sales and other similar taxes for Groups A, B and C).

- the lowest evaluated tender price from each group shall be compared. If a tender

from either Group A or B is the lowest, that tender shall be recommended for award.

- if a tender from Group C has the lowest evaluated tender price, then the lowest evaluated tender price in Group C shall be further compared to the lowest evaluated tender price in Group A. Before the final comparison is made, the lowest evaluated tender price in Group C shall be increased by fifteen percent (15%) of the DDP tender price of the goods, i.e. including customs duties and other import taxes but excluding VAT.

- the lowest evaluated tender price in Group A shall then be compared with the lowest evaluated tender price in Group C and the lowest shall be recommended for award.

Works Procurement: With regard to the procurement of works, if a Procuring Entity decides that an international open tender shall include domestic preference, it shall be applied as follows:

Domestic Tenderers shall provide all necessary evidence to prove that they meet the following requirements in order to qualify for domestic preference. They shall:

- be registered within Bangladesh;

- have majority ownership by nationals of Bangladesh;

- not sub-contract more than twenty percent (20%) of the tender price, excluding

provisional sums, to foreign Contractors; and

- meet any other requirements for domestic preference which have been specified in the tender documents.

Joint Ventures, Consortium or Association (JVCA) of national companies formed as per Regulation 12 (8) may be qualified for domestic preference, provided that:

- the individual partners are registered in Bangladesh and have a majority ownership of

Bangladesh nationals;

- the Joint Venture, Consortium or Association (JVCA) is registered in Bangladesh;

- the JVCA shall not sub-contract more than twenty percent (20%) of the tender price, excluding provisional sums, to foreign Contractors; and



- the JVCA meets any other requirements for domestic preference which have been specified in the tender documents.

However, a JVCA between national and foreign firms is not eligible for domestic preference.

When the received tenders are under evaluation, the following procedure shall be followed:

- responsive tenders shall be classified into the following groups:

- Group A that shall include all tenders offered by Bangladesh national Tenderers

and JVCA which meet the qualifications referred to above;

- Group B that shall include all other tenders.

- For the purposes of the evaluation and comparison of tenders only, an amount equal to seven and a half percent (7.5%) of their respective evaluated tender prices shall be added to all tenders placed into Group B:

- adjusted to take account of arithmetical errors or other discrepancies; and

- excluding provisional sums1 and provision, if any, for contingencies within the

tender price, but including Daywork,2 where priced competitively.

- the lowest priced tenders in Groups A and B shall then be compared and the lowest shall be recommended for award.

Note: 1 Provisional sums are amounts of money specified by the Employer in the tender documents to be used, at its discretion, for payments to nominated subcontractors and other purposes detailed in the tender documents.

2 Daywork is work carried out following the instructions of the Procuring Entity’s person in charge of the works and is paid for on the basis of time spent by the Contractor’s workers and corresponding use of materials and Contractor’s equipment at the rates specified in the tender. For Daywork to be priced competitively for tender evaluation purposes, the tender document shall list estimated quantities for individual items to be priced against Daywork by Tenderers.

Guidance Notes and instructions on Domestic Preference have been included in the STDs for International Competitive Tendering (ICT).

Regulation 42. Other procuring methods with international competition (1) The provision of Regulation 41 (Open tendering with international competition), may

also apply, as far as practicable, to the Two-stage Tendering and Requests for Proposals Methods of procurement, whenever a Procuring Entity considers there is a need for effective international competition.

Procuring Entities shall follow the instructions set out in Regulations 39 (Two-Stage

Tendering Method), and Chapter VIII (Requests for Proposals Method), amended to



take account of provisions of Regulation 41 for aspects related to advertisement, tender validity, technical specifications, payment currency except the provisions for domestic preference which are not applicable for methods other than open tendering.

CHAPTER VIII. REQUEST FOR PROPOSALS (RFP) METHOD Regulation 43. Conditions for use of Request for Proposal method (1) A Request for Proposals (RFP) shall be used by Procuring Entities for procurement of

intellectual and professional services. Procurement of intellectual and professional services involves temporary engagement of the services of Consultants; a guideline on the same is enclosed at Appendix H.

Intellectual and professional services means: advisory, studies, design, implementation, institutional, training, know-how transfer and similar intellectual and professional services.

Procuring Entities shall use the standard documents prepared and issued by the CPTU for the request for Expressions of Interest (EOI) and the Request for Proposal (RFP).

Regulation 44. Request for Expressions of Interest (EOI) (1) The RFP method of procurement begins with the request for Expressions of Interest

(EOI) by a Procuring Entity, in line with the Annual Procurement Plan. The request is expressed in order to prepare a shortlist of Consultants to which, at a later date, the RFP will be issued. The EOI shall be advertised as described in Regulation 21 (Advertisements) and allow potential Applicants a minimum of fourteen (14) days in which to present their written expressions of interest.

(2) The EOI request shall contain at least the following information and any other details

which the Procuring Entity considers being of assistance to potential Applicants:


(b) a brief description of the assignment, detailing the scope of the intellectual and professional services required;

(c) the experience, resources, professional staff, and/or delivery capacity required from potential Applicants in order to prove their suitability for the assignment; and

(d) the place and deadline for submission of their written EOI.

All EOIs shall state only one (1) place to which the EOI shall be submitted as ‘multiple dropping’ is not acceptable for this purpose.

The EOI notice shall follow the form provided in Appendix-D3.

Whenever Joint Venture, Consortium or Association (JVCA) between national and foreign firms would be considered to be beneficial to the service to be undertaken, the EOI should mention that such JVCA formed as per Regulation 12(8) would be welcomed / encouraged by the Procuring Entity. However, a Procuring Entity cannot make such JVCA a mandatory requirement of the terms and conditions of an RFP.



Regulation 45. Preparation of short list (1) Upon receipt of the EOIs, the Procuring Entity shall select a short-list composed of

Applicants who are considered to be best suited to undertake the assignment. The assessment of an Applicant’s suitability shall be based upon the following information requested in the EOI:

- brochures submitted by the Applicants summarising their facilities and areas of

expertise; - descriptions of similar assignments; - experience in similar operating conditions; - availability of appropriate experience and professional qualifications among

Applicant’s staff and resources to carry out the assignment; and - administrative strength and financial capability.

Following the assessment, a short list should be prepared composed of not less than four (4) and not more than seven (7) Applicants, who have met the requirement of EOI and who in the opinion of the Procuring Entity indicate sufficient and adequate capabilities to perform the assignment under consideration.

However, if after assessment the number of short listed Applicants is less than four (4), the Procuring Entity shall review the assignment to verify that the EOI is correct and meets the requirement of the Procuring Entity and it was properly advertised, as per Regulation 21. If it was found to be correct, then a shortlist with less than four Applicants can be considered for issuance of the RFP, subject to the approval of the Head of a Procuring Entity. Alternatively, having reviewed the assignment and associated EOI, a Procuring Entity may make amendment to the assignment and then re-advertise as per Regulation 21, but ensuring a wider publicity. If after re-advertising the number of re-assessed and short listed Applicants is still less than four (4), the short list should be considered as final and the RFP shall be issued to the fewer number of short listed Applicants. Procuring Entities are, however, not encouraged to practice re-advertisement as a routine matter, but instead should always make efforts to finalise the short list in the first round of advertising.

The evaluation of EOI’s should be undertaken by the PEC in accordance with the Regulations, the Procedures, and the PPAP.

The evaluation of EOIs may require the appointment of a Technical Sub-Committee (TSC) and, at the discretion of the Head of a Procuring Entity or an officer authorised by him/her, or an approving authority, additional external technical experts from the user/beneficiary entity with specific knowledge of the services required to assist the PEC.

The PEC shall evaluate the EOIs and establish a short-list that will be approved by the Head of a Procuring Entity or an officer authorised by him/her or an approving authority.

The short-list shall be established on the basis of information received from the EOI and other past performance information available to the Procuring Entity and user/beneficiary entities.



If it is intended by the Procuring Entity that the RFP shall be issued on an international basis, then the short-list shall include not more than 2 firms from the same country and at least 1 firm from a developing country, unless qualified firms from developing countries cannot be found.

(2) Following the approval of the EOI evaluation report by the Head of a Procuring Entity

or an officer authorised by him/her or an approving authority, all Applicants participating in the EOI shall be informed whether or not they have been short-listed by the Procuring Entity.

The names of the short-listed Applicants shall be communicated to any interested

individual or firm, in a similar manner to that of Pre-qualification [Regulation 23(4)]. Regulation 46 Request for proposal (1) A Procuring Entity shall prepare a RFP using the applicable standard RFP document

issued by the CPTU. (2) The RFP shall include, as a minimum the following information:


(b) a description of the assignment required, normally by means of Terms of Reference (TOR);

(c) the sub-method for selection of the successful Consultant (Regulation 47: Sub-

methods of selection and conditions for use) and a requirement that Consultants’ proposals be submitted using the two-envelope system e.g. Technical Proposal and Financial Proposal except for Single Source Selection sub-method where the Technical and Financial Proposals may be submitted together.

The sub-methods QCBS, SFB and LCS require the Consultant to present its proposal in two (2) sealed inner envelopes which are then placed together into one single outer envelope that is sealed and marked as described in the RFP. One inner envelope shall contain the Consultant’s technical proposal without any reference to price and the second inner envelope shall contain the Consultant’s financial proposal. The Consultant shall appropriately mark each envelope.

It shall be made clear to the Consultant in the text of the RFP that failure to follow the instructions on sealing and marking of the envelope may result in pre-disclosure of price for which the Consultant shall be solely and entirely liable. This may also constitute grounds for declaring the proposal non-responsive.

(d) a reminder that Consultants for present consultancy assignments, which may

involve potential future conflicts of interest, shall exclude themselves from participating in the procurement of goods and related services and works and physical services which may follow as a result of or in connection with the consultancy assignment;

(e) a reminder that a Consultant who has carried out an earlier related assignment,

whereby a potential conflict of interest may be considered to exist, then the Consultant shall also exclude itself from participation in the subsequent assignments;



(f) the criteria for evaluating and allocating corresponding points to the technical proposals, the relative weight to be given to the technical and financial proposals and the manner in which they shall be applied in the evaluation of proposals;

(g) the place and deadline for the submission of proposals; and

(h) the contract format to be used in which the respective obligations of both the

Consultant and the Procuring Entity shall be stated.

In preparing RFPs, the Procuring Entities shall also take note of the following issues/procedures:

The RFP shall include: - Letter of Invitation (LOI); - Instructions to Consultants (ITC); - Proposal Data Sheet (PDS); - General Conditions of Contract (GCC); - Particular Conditions of Contract (PCC); - Proposal and Contract Forms; and - Terms of Reference (TOR);

The Procuring Entity shall use only the applicable standard RFPs on a case-by-case basis. There shall be no changes in the text of the RFP and any concern regarding specific issues shall be addressed in the Proposal Data Sheet and in the Particular Conditions of Contract, where all specific project/assignment requirements shall be detailed.

The LOI shall state the intention of the Procuring Entity to enter into a contract for the provision of consulting services, the source of funds, the details of the user/beneficiary entity and the date, time and address for submission of proposals. The Procuring Entity shall list in the LOI all the documents to be included in the RFP.

The ITC shall contain all necessary information to help Consultants prepare responsive proposals and to make the selection procedure as fair and as transparent as possible by providing information on the proposal submission process and by informing Consultants of the evaluation criteria, their respective points and the minimum technical points required for a Consultant to qualify in the evaluation of its technical proposal, and to be considered in the subsequent evaluation of financial proposals (Regulation 47: Sub-methods of selection and conditions for use and Regulation 48: Receipt of proposals and proposal evaluation). In cases where the short-list contains both national and international Consultants, a Procuring Entity may choose to award additional technical merit points in the evaluation criteria for the use of national Consultants as key staff.

Except in the case of selection under a Fixed Budget, the ITC shall not indicate the budget or official estimate for that particular consultancy, as cost shall be a factor in the overall evaluation, but it shall indicate the expected level of input of key professionals in terms of man months. Consultants, however, shall be free to prepare their own estimates of man months necessary to carry out the assignment in accordance with the terms of reference.



The ITC shall specify the proposal validity period that shall normally be between sixty (60) and one hundred and twenty (120) days depending on the complexity of the assignment. However to suit the requirement of a particular procurement shorter/longer periods may be authorised by the Head of a Procuring Entity or an officer authorised by him/her.

The TOR shall provide the following information in order to assist Consultants in the preparation of their proposals:

- background information to the Consultant; - objectives and scope of the assignm ent; - details of existing relevant studies and basic data; - the availability and location of that data; - services and surveys necessary to carry out the assignment and the expected

outputs (for example reports, data, maps and surveys); - details of the number of staff to be trained, the training timetable and topics, if

already known, shall be specifically outlined where transfer of knowledge or training is an objective to enable Consultants to estimate the required resources; and

- the facilities and support to be provided to the Consultant by the Procuring Entity/user or beneficiary entity during the assignment.

The TOR should not be too detailed or inflexible. Consultants shall be able to propose their own methodology and staffing and shall be encouraged to comment on the TOR in their proposals.

The respective responsibilities of the Procuring Entity/user or beneficiary entity and the Consultant shall be clearly defined in the TOR.

The scope of the services described in the TOR shall be consistent with the available budget.

The preparation of an accurate cost estimate is therefore essential, if accurate financial resources are to be allocated to the assignment by the Procuring Entity. In preparing the estimate, the Procuring Entity shall breakdown the assignment into its composite tasks and prices each task for professional fees and corresponding reimbursables. Thereafter a contingency of 15% may be included to provide for both physical and financial contingencies.

The cost estimate prepared by the Consultant shall be based upon the Procuring Entity’s assessment of the resources needed to carry out the assignment: staff man months, logistical support and physical inputs (e.g. vehicles, laboratory equipment, office equipment, such as computers, photocopiers, etc.).

Costs shall be generally divided into two broad categories:

- fee or remuneration (according to the type of contract used); and

- reimbursables, which are amounts payable against documentary evidence of

expenses, e.g. air tickets, per diems (daily allowance for accommodation and food), visa costs, medical expenses, transportation costs, office rental costs, purchase of vehicles, office equipments, office furniture, etc.



The cost of staff time shall be estimated on a realistic basis in accordance with the level of expertise required. The items given for reimbursables expenditure are examples only and shall vary according to the TOR and in particular, the facilities to be provided to the Consultant by a Procuring Entity/user or beneficiary entity. For example, if a Procuring Entity/user or beneficiary entity can provide office equipment and/or vehicle, then there shall be no need for a Consultant to include those items in its estimate of costs.

The only actual fixed cost quoted by a Consultant in its proposal is the fee rate or remuneration to be charged for its personnel to undertake the assignment.

For certain specific scope of services, (e.g., for pre-shipment inspection, procurement services through agents, training of students in institutes/universities, advertising activities in privatisation or twinning), the Procuring Entity may require to incorporate some adjustments in the formats/ tables of the Standard RFP issued by the CPTU.

(3) Consultants shall be given sufficient time in which to prepare their proposals. This

shall not be less than twenty-eight (28) days for all sub-methods except for Single Source Selection and Selection of Individual Consultants where the submission deadline may be reduced to 14 days, with the approval of the Head of a Procuring Entity or an officer authorised by him/her.

The RFP shall indicate the time periods whereby the Procuring Entity can entertain any

request by a Consultant for clarification as well as the timing of the issue of the corresponding response.

Considering the nature of clarification it may be necessary to extend the deadline for

submission of proposal. Such clarification shall also be issued to all short listed person/firms.

Regulation 47. Sub-methods of selection and conditions for use (1) The most important consideration in the selection of a successful Consultant in the

procurement of intellectual and professional services shall be given to the quality of a Consultant’s technical proposal.

The cost of the services shall be considered judiciously because, in the procurement of intellectual and professional services, quality is the primary concern.

Depending on the nature and complexity of assignments, different sub-methods may be selected. The sub-methods available for selection by a Procuring Entity are as follows:

- Quality and Cost Based Selection (QCBS); - Selection under a Fixed Budget (SFB); - Least Cost Selection (LCS); - Selection amongst Community Services Organisations (SCSO); - Single Source Selection (SSS); and - Selection of Individual Consultants (SIC).



(2) The following two sub-methods shall be the preferred options for selection of Consultants by the Procuring Entities and may be used under the following conditions:

(a) Quality and Cost Based Selection (QCBS) is the preferred sub-method that

shall be used in most cases. QCBS uses a competitive process among short-listed firms that takes into account the following in selecting the successful firm:

- the quality of the proposal; and

- the cost of the services.

(b) Selection under a Fixed Budget (SFB) is appropriate only when:

- the assignment is relatively simple and can be precisely defined; and

- the budget is fixed. (3) The other sub-methods may be used under the conditions set out in the following

paragraphs and with the prior written approval of the Head of Procuring Entity or an officer authorised by him/her.

(a) Least Cost Selection (LCS) is appropriate for the selection of Consultants for an

assignment of a standard or routine nature (e.g. audit, architectural and engineering design of non-complex works, etc.) where well-established practices and standards exist and in which the contract amount is small, as specified in Appendix A.

(b) Selection amongst Community Service Organisations (SCSO) may be used

where involvement and knowledge of community needs, local issues and community participation are vital in the preparation, implementation and operation of community development projects/programmes.

Reputable Non-Governmental Organisations (NGOs), other community service

organisation or voluntary non-profit making organisations are well qualified to assist in the preparation, management and implementation of such projects/ programmes because of their involvement and knowledge of local issues, community needs, and/or participatory approaches. The short-list for community services and mobilisation assignments may be formed entirely of CSO’s.

(c) Single Source Selection (SSS) may be used only in exceptional cases, if it

presents a clear advantage over competition for:

(i) tasks that represent a natural continuation of previous work carried out by the concerned firm [Regulation 18(1e)];

(ii) assignments when a rapid selection is essential (e.g. in an emergency situation);

(iii) low-value assignments below the threshold value specified in Appendix-A;

(iv) assignments when only one firm is qualified or has exceptionally good experience for the assignment [Regulation 18(1a)]; or

(v) assignments arising out of a catastrophic event where it is not plausible to attempt a competition [Regulation 18(1h)].



United Nations (UN) agencies may, be invited under (c.iv) above, where they are exceptionally qualified to provide technical assistance and advice in their area of expertise, on a case by case basis. An initial consultancy assignment may need to be continued, (known as a ‘downstream assignment’), where continuity of the technical approach, experience acquired and continued professional liability of the same Consultant may make such continuation preferable to a new competition. In such cases the initially selected consultant is allowed to continue with the subsequent assignment subject to satisfactory performance in the initial assignment. If the Procuring Entity anticipates this need may arise, it should be stated in the initial RFP and if practical, the criteria used for the selection of the Consultant shall take into account the possibility of a subsequent assignment. For such downstream assignments, the Procuring Entity shall ask the initially selected Consultant to prepare technical and financial proposals, on the basis of an updated TOR provided by the Procuring Entity, which shall then be evaluated and negotiated, as described in Regulation 49 (Negotiation and contract award for proposals).

If the initial assignment was not awarded on a competitive basis or if the downstream assignment is substantially larger in value, a competitive process shall be followed. In such cases the firm carrying out the initial work shall not be excluded from consideration, provided it expresses interest. The Head of a Procuring Entity or the approving authority (where it is a higher body then that of the Head of a Procuring Entity) may consider exceptions to this under special circumstances and only when a new competitive process is not practicable. Full justification of such exception shall be maintained as per Regulation 9 (Records of procurement).

(d) Selection of Individual Consultant (SIC), may be employed on assignments for

which:

- the qualifications and experience of the individual are the overriding requirement;

- teams of staff are not required; and

- no additional professional support is required.

However, when co-ordination, administration or collective responsibility may become difficult because of the number of individuals, it would be advisable to employ a firm.

(4) The steps for the preparation of the RFP and the selection of the Consultants for each

of the sub-methods shall be as detailed in the following paragraphs.

Quality and Cost Based Selection (QCBS):

The RFP shall be prepared as per Regulation 46 (Request for proposal) using the standard RFP document issued by the CPTU.

The evaluation criteria, (i.e. technical qualifications), required for the satisfactory completion of the assignment shall be clearly stated in the RFP, together with the points for each evaluation criterion that shall be applied in the evaluation of the proposal.



As stated in Regulation 47(1), cost, as criteria of selection, shall be considered judiciously and shall be of lesser importance in the evaluation of proposals than the quality of the proposals. The relative weight to be given to quality and cost shall be determined on a case-by-case basis depending upon the nature of the assignment. The relevant weight given for quality for most of the consulting services is between 70 and 75 percent. However, the weighting between quality/price could be as high as 80/20 percent where the intellectual and professional quality of the consultant is overriding (e.g. multidisciplinary, feasibility or management studies).

On the other hand, for standard types of services (e.g., pre-shipment inspection, procurement services, training of students in Universities), where adequate quality is normally guaranteed by the business or regulatory standards, the weighting between quality/price could be: 65/35, 60/40, 55/45 or even 50/50 percent, rather than 70/30 percent.

Since cost is a criterion in the evaluation of the proposal, the RFP shall not state the budget or official estimate [Regulation 31(4a)] for the assignment that has been allocated by either the Procuring Entity/user or beneficiary entity. However, it shall indicate the expected level of inputs of key professional staff (staff time expressed in person-months/weeks/days) that is considered necessary to undertake the assignment. The Consultant shall, then, be able to prepare its own cost estimate to carry out the assignment.

The TOR shall be prepared as described in Regulation 46(2).

The RFP shall state the date, place and time by which the proposals shall be received. It shall also state the procedure to be followed in notifying Consultants, whose proposals have been accepted for financial evaluation, as described in Regulation 48(3) including the date, place and time for the opening of the financial envelopes.

The RFP shall state that the evaluation of the proposal shall be carried out in two stages. First of all, the quality of the proposal shall be evaluated by an examination of the technical proposal. Upon completion of the technical evaluation, the technical evaluation report shall be submitted for approval to the Head of a Procuring Entity or an officer authorised by him/her, indicating the ranking and corresponding technical points for each submitted proposal. Evaluators of technical proposals shall not have access to the financial proposals until the technical evaluation has been approved. Financial proposals of technically responsive proposals shall be opened in presence of the Consultants or their representatives.

The RFP shall state the way in which the technical and financial proposals shall be evaluated. The weighting for technical proposals shall be between 70 and 75 percent. The weighting for financial proposals shall be between25 and 30 percent. The total weighting of each proposal cannot exceed 100 percent.

Technical Score The following five general criteria may be used to evaluate technical proposals; however these are indicative and may need to be adjusted to suit the specific circumstances:



Evaluation Criteria (indicative)

Points

Specific experience of the consultants

5 to 10

Adequacy of the proposed methodology and work plan in response to the TOR

20 to 40

Key staff’s qualifications and competence for the assignment

40 to 60

Suitability of the transfer of knowledge programme (e.g. where there is training) – optional

0 to 10

National participation (e.g. where there are nationals among the key staff) – optional

0 to 10

Total Points

100

The RFP shall inform Consultants that a minimum number of technical points have to be achieved in order to accept their proposals for the next stage of the evaluation (i.e. the evaluation of financial proposals). A minimum number of 70 -75 points are usually required for a technical proposal to be considered responsive. In the RFP the points assigned to a particular criterion show the maximum number of points that can be allocated to it when evaluating each proposal. For the purposes of evaluation, each criterion shall have fixed points within the range. Then the total number of points achieved (out of the total of 100 points) shall be weighted to become scores. The steps to be carried out in achieving this are shown in the following example: Example: If a technical proposal achieved 90 points and the weighting applied to this was 70%, then by applying the weighting the technical score for this proposal (Ts) would be 90 x 70% = 63. All the other proposals would be weighted and scored in the same manner. The points given to experience can be relatively low, since this factor has already been taken into account when short-listing the Consultant. In the case of complex assignments (e.g. multidisciplinary, feasibility or management studies), more points should be given to the methodology and Work Plan. Similarly, higher points may be preferable for key staff in assignments where personnel input is of paramount importance.

Transfer of knowledge may be important in some assignments and in such cases; it should be given higher points to reflect its importance.

When RFPs are issued on an international basis, points can be awarded for the use of national Consultants as key staff and generally the maximum number of points available shall be ten (10).

Financial Score The RFP shall state the manner in which the financial proposal shall be evaluated. The financial proposal with the lowest cost shall be given 100 points and other proposals shall be given pro rata points, reduced by the same percentage that the cost of their proposal is higher than that of the lowest cost proposal (i.e. inversely proportional to).



Example: If the lowest cost financial proposal is say Tk 10 lakh then the financial points would be 100 (maximum). Financial scores would then be:

(lowest financial cost / proposal financial cost) x 100 x weighting% = score Example Proposals

Cost Points Weight Score

Lowest financial proposal Tk 10 lakh 100 30%

30

Next highest financial proposal Tk 12 lakh 83.3 30%

25

Next highest financial proposal Tk 15 lakh 66.6 30%

20

Combined Score The technical score (Ts) plus the financial score (Fs) thus gives the combined score. The highest combined score is then invited for negotiation.

Selection under a Fixed Budget (SFB):

The procedures to be followed for the SFB sub-method shall be the same as for the QCBS sub-method, with the following exceptions: The RFP shall indicate the available budget and ask the Consultants to provide, in separate envelopes, their best technical and financial proposals within the budget. For this method of selection, the TOR shall be as complete as possible to make sure that the budget is sufficient for the Consultants to perform the expected tasks. The RFP shall state that, following public opening of the financial proposals, all proposals that exceed the indicated budget shall be rejected. The Consultant who has submitted the highest ranked technical proposal among the rest shall be selected and invited to negotiate a contract.

Least Cost Selection (LCS):

The procedures to be followed for the LCS sub-method shall be the same as for the QCBS sub-method, except that:

The RFP shall state that following evaluation of technical proposals and opening of financial proposal, the Consultant offering the lowest evaluated price shall be selected for negotiations, as described in Regulation 49. It should be noted that proposals scoring above the technical threshold are now only considered on the basis of cost, as they have already met the minimum technical requirements.

Selection amongst Community Service Organisations (SCSO):

Selection of CSO’s can follow any sub-method QCBS, LCS, SFB or SSS, depending upon the size of the assignment and the knowledge of the inputs required. It is not unusual that a variant of SFB method may be used whereby CSO’s need only to submit a technical offer since the financial part is predetermined by the Procuring



Entity along with the corresponding priced line items already given in the RFP. The type of evaluation criteria in CSO selection is likely to be different from usual Consultant’s evaluation criteria. For instance, under this selection, implementation aspects of community activities and experience and local knowledge may carry more points compared to those used in normal QCBS, LCS, SFB or SSS sub-methods. Single Source Selection (SSS):

The SSS sub-method of selecting a Consultant is used in strictly exceptional circumstances as indicated in the Regulations 47(3c). A decision to use SSS Sub-method shall be approved in writing by the Head of a Procuring Entity, or an officer authorised by him/her. The reason for selection of SSS sub-method shall be documented as per Regulation 9 (Records of Procurement). The selected Consultant is issued the RFP or TOR, as the case may be, and is requested to submit a technical and financial proposal. Thereafter negotiations are held between the PEC and the selected Consultant and all aspects of its proposal whether technical or financial are discussed together in order to reach an agreement.

It shall be noted that, if a United Nations organisation (e.g. UNICEF, WHO, UNFPA, UN-Habitat), is selected as a Consultant then a special form of contract reflecting the privileges and immunities granted by Government to UN agencies and their staff will be used. When UN bodies will be engaged under this sub-method, standard RFP may be adjusted to suit the requirement.

Selection of Individual Consultants (SIC):

Individual Consultants shall be selected on the basis of their qualifications and experiences for the assignment. They may be selected following an EOI advertisement through comparison of qualifications and experiences of the candidates who have expressed interest in the assignment or have been approached directly by the Procuring Entity.

Individuals shall have demonstrated in their EOI that they meet the required qualifications and experiences and fully capable of carrying out the assignment. Their capability shall be judged on the basis of academic background, experience in the field of assignment and as appropriate, knowledge of the local conditions, as well as language and culture.

Following the completion of the evaluation of the Consultants’ qualifications, the short listed Consultants may be invited for interview. The selected Consultant is then invited to negotiate fees / remunerations, reimbursable, the inputs available from the Procuring Entity and subsequently to sign the contract. However, in order to select the suitable candidate within a reasonable budget, the Procuring Entity may prepare a list of alternate candidates in order of priority.

A guideline on appointment of Bangladeshi nationals as individual Consultants is attached at Appendix I.

A guideline on the use of Government servants and employees of local authorities as individual Consultants is attached at Appendix J.

A Flow Chart on process to be followed and activities to be undertaken under QCBS, SFB, LCS, and SSS sub-methods are attached at Appendices K1, K2, K3, K4, respectively.



Design Contest (DC)

The Design Contest (DC) is a selection method under which short-listed firms, in general architectural firms, are invited to submit their conceptual design of a physical project (for example, a monument, research centre, or transportation terminal). The conceptual design forming the main component of the DC is expected to highlight the aesthetic aspects of the project in addition to its technical characteristics. The conceptual design of a DC is a preliminary design to be followed, in the case of continuation, by tender documents and detailed engineering design.

The DC is different from the various methods of Consultant selection described in the Regulations and the Procedures, which selects the Consultant offering the most suitable methodology and team of experts, in that the DC participants already provide the preliminary design of the solution that they propose.

Firms are short-listed on the basis of experience, capability and reputation according to Regulation 45. The Procuring Entity sends them a Request for Design Proposals including a letter of invitation; information to proponents, including a data sheet to address specific features of the project; a TOR composed of the design criteria; technical specification; and other data to be provided by the Procuring Entity. Evaluation criteria may include innovation, aesthetic content, adequate blending with the surroundings, efficient use of the available space, attractiveness for the potential users, revenue generation potential, if any, and estimated construction costs.

Each competitor shall present its sealed proposal containing the preliminary conceptual design of its proposed solution and the related cost estimate responding strictly to the Request for Design Proposals.

The Proposal Evaluation Committee proceeds with the evaluation of the proposed designs, in accordance with the broad evaluation criteria spelled out in the Request for Design Proposals. The winner of the contest is awarded a prize, which may consist of the contract for the subsequent design phase(s) of the project, or a pre-determined monetary award. Because preparation of the design for large projects is time consuming and expensive, a number of short-listed proponents (generally not all) may receive smaller monetary awards to partially offset the expenditures they have incurred, if their proposals are considered as close runners-up in the competition.

For Design Contest the standard RFP may be adjusted to suit the specific requirements of such competition.

Regulation 48. Receipt of proposals and proposal evaluation

Procuring Entities shall examine and evaluate proposals strictly in accordance with the provisions of the Regulations and the requirements contained in the proposal document. The Procuring Entity shall also ensure that it follows the requirements of Procurement Processing and Approval Procedures (PPAP), in combination with Delegation of Financial Powers (DoFP). The PPAP indicates the procedures to be followed by each Procuring Entity with regard to the formation of the Proposal Evaluation Committee (PEC), the appointment of its Chairperson and members and describes the administrative procedures to be followed during the evaluation and approval process. An explanation of the relevant provisions of the Regulations is shown below:



(1) The Regulations require that a Procuring Entity shall appoint only one (1) PEC as per the DoFP following the PPAP to examine, evaluate and prepare a report with recommendations for award, for submission directly to the approving authority.

The Procuring Entity may form:

- only one (1) PEC to handle all the procurement for that Procuring Entity,

especially if that Procuring Entity only handles a limited number of proposals yearly, or is capable of evaluating all its procurement needs through that one (1) PEC;

- more than one (1) PEC if it finds that its procurement is such that many proposals are to be examined/evaluated monthly, whereby it would not be practical or reasonable to have only one (1) PEC;

- a separate PEC to evaluate a specific large value or complex proposal; and/or - a separate PEC, on an as required basis, for all other cases where the approval

of award is at a level of Ministry or above. However, the evaluation of proposals for the same procurement object shall, under no circumstances, pass through more than one (1) PEC. In all cases the Head of a Procuring Entity or an officer authorised by him/her shall approve the composition of each PEC. The PEC members themselves shall examine and evaluate the proposals, and prepare the evaluation report including recommendations for award of contract, without delegating any responsibility to others. The Head of a Procuring Entity or an officer authorised by him/her or an approving authority may also appoint a Technical Sub-Committee and/or other experts if it is felt that a particular proposal requires such assistance, provided that it follows the timeline stipulated in the PPAP.

The PEC shall examine and evaluate the proposals, and prepare the evaluation report including recommendations for award of contract and submit the report directly to the approving authority following the requirements of the PPAP.

(2) The PEC shall consist of a minimum of five (5) members, of who two (2) shall be from

outside the Procuring Entity and shall have the professional knowledge required to assist in the evaluation of those particular proposals. Such two members of the PEC shall be selected and appointed by the Head of a Procuring Entity or an officer authorised by him/her.

Depending on the specific nature of the evaluation, the outside members can be from Government/Autonomous/Semi-Autonomous organisations, and/or from Universities and/or reputable professional bodies. The PEC shall be formed in such a way that the outside members are not from within a different unit of the same Procuring Entity or the same Ministry/Division/Agency or Organisation, and that they are truly independent from the Procuring Entity.

Once the PEC has been appointed, members of the PEC may only be removed from the Committee by the Head of a Procuring Entity or an approving authority for valid grounds, which may include, but are not limited to:

- failure to disclose his/ her connection with a Tenderer, even if the member

continues to act in an impartial manner;



- regular failure to attend PEC meetings; and - any action that is in direct breach of Regulation 15 (Corrupt, Fraudulent,

Collusive or Coercive practices).

PEC members may be selected from:

- officers from the concerned unit of the Procuring Entity e.g. Finance, Commercial and Technical units;

- officers from the concerned Ministry/Division or other Agencies under the concerned Ministry/Division;

- officers from the end-user/beneficiary entity; and - technical/commercial/financial/legal experts from other Ministries/ Division/

Agencies or Organisations or universities or reputable professional bodies. (3) Members of the PEC are required to:

(a) certify collectively in the Proposal Evaluation Report, by jointly signing that “in compliance with Regulations 48(3) of the Public Procurement Regulations 2003, the Proposal Evaluation Committee certifies that the examination and evaluation has followed the requirements of the Regulations, the Procedures and proposal documents, that all facts and information have been correctly reflected in the Evaluation Report, and that no substantial or important information has been omitted;''

(b) sign singularly a declaration of impartiality individually in the following manner

after opening of the proposals “ I, ………………………… (name of the PEC member and designation), do hereby declare and confirm that I have no business or other links to any of the competing Consultants.

However, as the identity of competing Consultants shall not be known in advance, it may become necessary to replace members of the PEC, if EOIs/proposals are received/invited from Consultants with whom members have business or other links The PEC shall, to the extent practical and possible, work continuously once they have begun an evaluation in order to complete evaluation within the time limit prescribed in the PPAP. It is the responsibility of PEC members, upon accepting their roles on the PEC, to secure permission from their controlling officers to allocate enough time for the proposals evaluations task. The Chairperson of the PEC may designate one of the members as Member Secretary of the PEC. The Regulation 2003 has mandated the appointment of two evaluation members from outside the Procuring Entity within the evaluation committee. Having regard to expediency, these procedures foresee that an incentive payment (in the form of a fixed lump sum) may be provided to members of the Evaluation Committee for high value contracts where the approving authority is the Head of a Procuring Entity or above, should the circumstances require so and financial provisions are available. In order to ensure smooth operation of the PEC it is therefore necessary to earmark the costs related to evaluation committee members in existing and future PP/TAPP, should such incentive payments be foreseen. In case of procurement funded from the Revenue Budget, the budgetary provisions for such costs need to be foreseen by the Head of a Procuring Entity, or the Secretary of the relevant Ministry/Division.

(4) Proposals shall be received by the deadline specified in the RFP. The assigned officer

of the Procuring Entity shall return late proposals unopened to the respective Consultants.



Upon receipt of proposals, the Procuring Entity shall record their receipt and the proposal envelope shall either be placed in the tender box or kept in a secured and safe place with the Procuring Entity as its custodian. This process shall be handled in a similar manner used in the Open Tendering Method as described in Regulation 29 (1).

Following the deadline for the submission of proposals, the received proposals shall be taken from the tender box or safe custody and opened by the Proposal Opening Committee (POC), which shall play similar role as that of Tender Opening Committee as described in Regulation 30(2) and 34(3). The technical proposal envelopes shall be taken by the POC, while the financial proposals shall be deposited unopened with the Head of Procuring Entity or an officer authorised by him/her or a senior financial officer of the concerned entity, as applicable and shall be safeguarded until the technical evaluation proceedings completed. The envelope marked as financial proposal shall be initialled by all PEC members in such a way to protect the contents of the envelope from unnoticeable premature opening (e.g. shall be signed on the joints of the envelopes).

In the event that a Consultant does not follow very carefully the instructions for sealing and marking envelopes contained in the RFP and the PEC shall, through this error, learn in advance the price of a particular proposal, then the Consultant shall be solely and entirely liable for that disclosure, which shall constitute grounds for rejecting the proposal.

(5) A Procuring Entity may accept a single proposal for evaluation if only one is submitted

on the due date and time, provided that all short listed Consultants have been requested to submit proposal allowing time specified in Regulation 46(3). If the proposal is found to be technically responsive with the RFP document, the Procuring Entity shall evaluate the proposal as detailed in Regulation 48(6).

(6) Under QCBS (Quality and Cost Based Selection), SFB (Selection under Fixed Budget);

LCS (Least Cost Selection), the First Stage of the evaluation shall involve only an examination and evaluation of the technical proposals. The evaluation of technical proposals shall be carried out by the PEC exactly as described in the RFP.

The PEC shall evaluate each proposal on the basis of its responsiveness to the TOR. A proposal shall be considered unsuitable and shall be rejected if it does not respond to important aspects of the TOR or if it fails to achieve a minimum technical score specified in the RFP.

Each member of the PEC shall evaluate separately each proposal. Then, the score of each proposal should be the average of the scores given by the member of the PEC for the respective proposal. In the case of major differences in score assigned by the individual evaluators, the Chairperson shall look into the differences and ask the concerned individual evaluators to justify their score and reach a more acceptable spread of scores, following which the score shall be awarded to the concerned proposal(s).

A Proposal Evaluation Report shall be prepared clearly indicating the technical score attributed to each proposal, in order to identify Consultants who have achieved the required minimum technical score and who now shall be considered in the combined technical and financial evaluation. The technical evaluation report shall be submitted to the Head of a Procuring Entity or an officer authorised by him/her or an approving authority in the same manner as in the procedure for Open Tendering Method (Regulation 31: Examination and evaluation of tenders).



In the event that only one proposal achieves the quality threshold, then with the approval of the Head of a Procuring Entity or an officer authorised by him/her or an approving authority the proposal will be considered for the next stage of the evaluation, i.e. the combined technical and financial evaluation.

(7) Upon completion of the technical evaluation and the approval of the Technical

Proposal Evaluation Report by the Head of a Procuring Entity or an officer authorised by him/her or an approving authority, the Consultants who have submitted a proposal exceeding the quality threshold specified in the RFP shall be invited to a public opening of their financial proposals. At this public opening, the PEC shall announce the technical score of each proposal which have achieved the quality threshold, together with its respective price.

The financial proposal shall be checked to verify if it is arithmetically correct and any errors in calculation shall be notified to the Consultant in the same manner as in Open Tendering Method [Regulation 31 (6)].

If a task prescribed in the TOR is mentioned in the Consultant’s technical proposal but is not priced in its financial proposal then an equivalent price shall be worked out for this task which is the maximum price for the task quoted by any one responsive Consultant. This equivalent price will be added to the Consultant’s financial offer for evaluation purposes only. If this particular Consultant is finally awarded then the actual price to be paid by the Procuring Entity to the Consultant shall be negotiated and shall not exceed the equivalent price (e.g. maximum price quoted by any one responsive Consultant) considered for evaluation.

The items included by Consultants as reimbursable shall be reviewed both for arithmetical correctness and content. If it is considered that an item has been included that is not required from the Consultant, as the Procuring Entity or the user/beneficiary entity shall provide it, it shall be deleted from the proposal and not considered in the price evaluation.

In case of QCBS the financial proposals shall then be evaluated as described in Regulation 47(4).

(8) The successful Consultant shall be the Consultant whose combined technical and

financial proposal is the most advantageous to the Procuring Entity, based upon the results of the combined technical and financial evaluation, i.e. Consultant attains the highest combined technical and financial score.

The Consultant, whose proposal has the highest number of points, shall be recommended by the PEC to be invited for negotiations in case of QCBS. In the case of Selection under Fixed Budget, the firm that submitted the highest ranked technical proposal (evaluated price) within the budget should be selected. In the case of the Least Cost Selection, the lowest financial proposal (evaluated price) among those achieved the required minimum technical score shall be selected. In all cases the selected firm is invited for negotiations. In case of Single Source Selection, firm selected on a single source basis is invited to negotiate its proposal.

The formula of combined evaluation has been stated in standard RFPs.



Regulation 49. Negotiation and contract award for proposals (1) A Procuring Entity may negotiate with the successful Consultant only the following

components of its proposal:

- methodology; - work plan; - training inputs (if training is a major component); - client/Procuring Entity's inputs; and - reimbursable.

It is strictly forbidden for a Procuring Entity to either seek or permit changes in the rates quoted for staff remuneration proposed by the Consultant in all methods where the Consultants’ price uses a factor in the evaluation.

Negotiations shall include discussions of the TOR, the approach and methodology, organisation and staffing, work plan and the Procuring Entity’s inputs. Special attention shall be paid to defining clearly the inputs and facilities offered by the Procuring Entity. The negotiations shall not significantly alter the original TOR otherwise the integrity of the negotiations, the content and findings of the technical evaluation report, may be questioned.

Major reductions in work inputs shall not be made just to meet the budget. The final TOR and the agreed methodology shall be incorporated into the “Description of Services”, which shall form part of the contract.

The selected firm shall not be allowed to substitute key staff, unless both parties agree that delay in the finalisation of the selection process has made such changes necessary or that such changes are critical to meet the objectives of the assignment. If Procuring Entities include a realistic proposal validity period in the RFP and carry out an efficient and prompt evaluation, the risk of Consultants needing to make changes to key personnel shall be minimised.

If this is not the case and if it is established that the key staff were offered in the proposal without confirming their availability, the firm may be disqualified and the negotiations may be opened with the next ranked firm.

The key staff proposed for substitution shall be approved by the Head of a Procuring Entity and shall have qualifications equal to or better than the key staff initially proposed.

Financial negotiation shall reflect the agreed technical modifications in the cost of services and include clarification of the Consultant’s tax liability (if any) and how this tax liability has been or would be reflected in the contract.

Under QCBS, SFB and LCS proposed unit rates for staff-months shall not be negotiated, since these have already been a factor of selection in the cost of the proposal. A limited scope of financial negotiations could include the number of air tickets foreseen, exceptionally high per diem rates, replacing a Consultant, providing offices space, vehicles and telecommunications with those that can be provided by the Procuring Entity.



(2) The PEC shall submit the Proposal Evaluation Report, together with its recommendations for award of contract directly, to the Head of a Procuring Entity or an officer authorised by him/her or an approving authority as laid down in the PPAP. This shall be submitted within the time limit set in the PPAP, so that an award of contract can be notified before the expiry of the validity of the proposals, without seeking an extension of validity by the Procuring Entity. The Procuring Entity shall notify the successful Consultant that its proposal has been accepted and shall set a date for the commencement of contract negotiations to enforce contract within the prescribed date.

(3) The Consultant receiving an award of contract shall not be required to submit any

performance security. However, they shall be under obligation to (a) re-perform the services of their own cost and expanse, and (b) pay an amount of money incurred due to any loss or damage that the Procuring Entity may have suffered for non-satisfactory performance of the assignment. Necessary provision shall be included in the RFP to this effect.

(4) If the negotiations fail to result in an acceptable contract, the Procuring Entity shall

terminate the negotiations and invite the next ranked Consultant for negotiations after due consultation with the Head of a Procuring Entity or an officer authorised by him/her or an approving authority, prior to taking this step. The Consultant shall be informed of the reasons for the termination of the negotiations.

Once negotiations are commenced with the next ranked Consultant/consulting firm, the Procuring Entity shall not reopen the earlier negotiations. After negotiations are successfully completed, the Procuring Entity shall promptly notify other firms on the short-list that they were unsuccessful in their proposals. At this point the financial envelopes of non-technically responsive Consultants should be returned to them unopened.

In the event that a second negotiation should fail, the Procuring Entity shall negotiate with the next ranked responsive Consultant and so on, until a successful contract has been concluded, subject to the right of the Procuring Entity to reject all proposals in accordance with Regulation 14 (Rejection of all tenders, proposals and quotations) and to reissue the RFP using new documents, if necessary.

(5) All Procuring Entities issuing award of contract above the threshold value specified in

Appendix-A shall intimate the CPTU for publication of the award in the CPTU website. CHAPTER IX. COMPLAINTS AND APPEALS Regulation 50. Right to complain (1) Subject to Regulation 50(2), 50(3) and 50(4) any Tenderer who claims to have suffered

or who may suffer, loss or damage due to a breach of a duty imposed on a Procuring Entity by these Regulations may complain in accordance with Regulations 51 and 53. The purpose of these complaint provisions is to ensure that a Procuring Entity performs the procurement related duties in accordance with the Regulations in a fair and transparent manner. It also demands that Procuring Entity personnel shall duly discharge their responsibilities in a manner befitting a public officer of the Government. It also provides Tenderers the opportunity to challenge erroneous documents or undue process by the Procuring Entity, thus guaranteeing a fair and effective operation of the public procurement system.



(2) The following shall not be the basis for a complaint provided for in Regulation 50(1):

(a) the choice of procurement methods for goods and works pursuant to Chapter IV;

(b) the choice of a procurement sub-methods for intellectual and professional services pursuant to Chapter VIII;

(c) a refusal by a Procuring Entity to short list an Applicant in response to an Expressions of Interest under Regulation 44;

(d) a decision by a Procuring Entity to reject all tenders, proposals or quotations under Regulation 14; and

(e) a decision for procurement award has been made by the Cabinet Committee on Government Purchase (CCGP).

(3) If a procurement contract has not already entered into force the Tenderer shall submit

its complaint in the following manner:

(a) a Tenderer shall submit its complaint for consideration through the three stages of the administrative authority in consecutive order, e.g. Procuring Entity’s office that issued the tender documents, Head of a Procuring Entity and the Secretary of the concerned Ministry/Division as described under Regulation 51; or

(b) where a Tenderer is still dissatisfied with the outcome of the complaint

considered under Regulation 51(3) or fails to receive a response within the time limit mentioned under Regulation 51(8), the Tenderer may then submit the complaint to a Review Panel under Regulation 53.

However, if a procurement contract has already entered into force the Tenderer shall submit its complaint directly to the Review Panel under Regulations 53.

Regulation 51 Complaints to the administrative authority (1) A Tenderer shall submit its complaint in writing within 7 calendar days of when it

became aware of the circumstances giving rise to the complaint or when it should have become aware of those circumstances, whichever is earlier (Please note the words 'should have become aware'. Examples: if any complaint arises against specification given in the tender document, complaint shall be made within 7 calendar days of purchase of the tender document by the Tenderer).

(2) In the first instance, the Tenderer shall submit its complaint to the Procuring Entity (e.g.

the Project Director (PD), Line Director (LD), Project Manager (PM), Procurement Officer, Officer assigned for procurement, etc.) that has issued the tender document. The Procuring Entity shall consider the subject matter of the complaint and decide whether to reject the complaint or to implement any corrective action to bring the procurement proceedings in conformity with the Regulations. Within 5 working days of receipt of the complaint the Procuring Entity shall issue a written decision to the Tenderer stating either the reasons for the rejection of the complaint or advising on the corrective action that has been taken, e.g. issue of an addendum amending unacceptable provisions in the Tender documents. Procuring Entities and other levels of administrative authorities, dealing with complaint shall maintain a Complaint Register in which brief information of all complaints and decision thereof shall be recorded.



It may be noted that when a complaint is being considered at any level the tender examination, evaluation and approval process will continue, but Notification of Award shall not be issued until final decision on complaint has been received or the Tenderer does not pursue the complaint at higher administrative levels or Review Panel [Regulation 54 (1)].

(3) If the Tenderer is not satisfied with the written decision of the Procuring Entity and

wishes to pursue its complaint, it shall within 3 working days, after expiry of 5th day of submission of his initial complaint or from the date of receipt of the written decision, address the same complaint to the Head of a Procuring Entity in accordance with Regulation 51(4).

(4) The Tenderer shall submit the complaint in writing to the Head of a Procuring Entity

who shall:

(a) not consider the subject matter of the complaint if he/she is a member or Chairperson of the Tender Evaluation Committee (TEC)/Proposal Evaluation Committee (PEC). In such instances the Head of a Procuring Entity shall forward, within 3 working days, from the date of receipt of the complaint to the Secretary of the concerned Ministry/Division, advising the Tenderer that he/she has so forwarded the complaint; and

(b) consider the subject matter of the complaint, if he/she is in a position to accept

the complaint, and decide whether to reject the complaint, or to implement any corrective action to bring the procurement proceedings in conformity with the Regulations. Within 5 working days of receipt of the complaint the Head of a Procuring Entity shall issue a written decision to the Tenderer stating either the reasons for the rejection of the complaint or advising on the corrective action that has been taken.

(5) If the Tenderer is not satisfied with the written decision of the Head of a Procuring

Entity and wishes to pursue its complaint, it shall within 3 working days from the date of receipt of written decision proceed in accordance with Regulation 51(6);

(6) The Tenderer shall now submit the complaint in writing to the Secretary of the

concerned Ministry/Division who shall consider the subject matter of the complaint and decide whether to reject the complaint or to implement any corrective action to bring the procurement proceedings in conformity with the Regulations. Within 7 working days of receipt of the complaint the Secretary of the concerned Ministry/Division shall issue a written decision to the Tenderer stating either the reasons for the rejection of the complaint or advising on the corrective action that has been taken, copying the decision to the Procuring Entity and the CPTU.

(7) If the Tenderer is not satisfied with the written decision of the Secretary of the

concerned Ministry/Division it may wish to consider pursuing its complaint through the Review Panel under Regulation 53.

(8) If the Tenderer fails to receive the written decision within the time period stated at each

stage, then the Tenderer has the right to directly approach within 3 working days after expiry of the specified time period for each stage, to the next higher level stated above (e.g. Head of a Procuring Entity or the Secretary of the concerned Ministry) under which the complaint shall proceed.



Regulation 52. The Review Panel (1) The Government shall establish a List of specialists for the purpose of reviewing a

Tenderer’s complaint and recommending corrective action to a Procuring Entity, with respect to any breach of its obligations under these Regulations. The specialists shall be appointed on such terms and conditions as the Government may from time to time decide.

(2) The List of specialists shall be formed from a number, as specified in Appendix-A of

the Regulations, of persons: (a) who have been legal professionals; (b) who are retired senior officers with a substantial track record of service in Government and with experience in the procurement area, and (c) from a list of experts with experience in the procurement area, provided by the Federation of Bangladesh Chamber of Commerce and Industry (FBCCI).

The specialists shall be grouped into a number of Review Panels as specified in Appendix-A.

(3) Each Review Panel shall have minimum of 3 members one of whom shall be the

nominated Chairperson. The Government shall approve the number of the Review Panels and the Chairpersons. The Review Panels shall be constituted by taking at least one member from each of the 3 groups specified in Regulation 52 (2). Depending on the nature of complaint each Review Panel may co-opt up to 2 members on a case-by-case basis, out of the lists of specialists maintained by the CPTU, provided one of the two co-opted members shall be from the nominated list provided by FBCCI.

The CPTU shall maintain the List of Specialists and the List of Review Panels and it shall be made available to any interested person.

Regulation 53. Complaint to the Review Panel (1) A Tenderer may only complain to a Review Panel under Regulation 53 provided that:

(a) the complaint cannot be submitted to the administrative authority as per Regulation 51 because of the entry into force of the procurement contract; or

(b) the Tenderer has exhausted all its options of complaints to the administrative

authority under Regulation 51. (2) A Tenderer is not permitted to complain to a Review Panel if the Cabinet Committee on

Government Purchase (CCGP) has made a decision for procurement award. (3) The Tenderer shall submit the complaint in a sealed envelope marked

“CONFIDENTIAL” and addressed to the Chairperson, Complaint Review Panel, at CPTU’ s mailing address within seven (7) working days, after receiving the decision of the Secretary of the concerned Ministry/Division under Regulation 51(7) or having not received any timely decisions under Regulation 51(8) and shall:

(a) enclose the complaint and all supporting documents in a sealed envelope, which

shall be opened only by the Chairperson of the Review Panel;



(b) attach a forwarding letter with the sealed envelope marked confidential, addressed to the DG, CPTU stating its wish to appeal to the Review Panel and the nature of its complaint; and

(c) attach the complaint registration fee with the forwarding letter in the form of a Pay

Order of the amount specified in Appendix A. (4) Upon receipt of a complaint and the registration fee, the CPTU shall select within 5

working days a Review Panel on a rotational basis to deal with the complaint and shall pass over the sealed complaint to that Review Panel. At the same time the CPTU shall advise the Tenderer and the Secretary of the concerned Ministry/Division of the action it has taken thereby preventing the Procuring Entity from proceeding to award the contract under review until a decision by the Panel is issued. All complaints received by the CPTU shall be entered into a Complaint Register and to be maintained properly. If registration fee is not attached as per Regulation 53(3c), CPTU shall inform the Tenderer that the complaint cannot be placed before the Review Panel with a copy to the Procuring Entity.

(5) Promptly after appointment, the Chairperson of the Review Panel shall determine the working procedures to be followed in accordance with applicable rules of procedure issued by CPTU under Regulation 55(1).

(6) Unless it dismisses the complaint as being frivolous, in which case it may forfeit the

registration fee of the Tenderer, the Review Panel may:

(a) reject the complaint, stating its reasons and suggest that a Procuring Entity continue with procurement proceedings; or

(b) state the rules or principles that govern the subject matter of the complaint and advise both parties to accede accordingly; or

(c) advise a Procuring Entity that it has taken action contrary to its obligations under the Regulations; or

(d) suggest annulment in whole or in part of a non-compliant act or decision of a Procuring Entity, other than any act or decision bringing the procurement contract into force; or

(e) suggest the payment of compensation by a Procuring Entity for any reasonable costs incurred by the Tenderer e.g. cost of preparation of tender document and expenses associated with legal fees and other expenses incurred in lodging its complaint, including the return of the complaint registration fee paid under Regulation 53(4) if a Procuring Entity is in breach of its obligations under the Regulations; or

(f) recommend that the procurement proceedings be terminated. (7) The Review Panel shall within a maximum of 12 working days from receipt of the

complaint issue a written decision of its findings to the Tenderer, copied to the Secretary of the concerned Ministry/Division, the CPTU and the Procuring Entity, stating the reasons for the decision and stating any suggested remedies.

(8) The decision of the Review Panel shall be final and a Procuring Entity shall act upon

such findings. After the decision has been issued by the Review Panel, the complaint and the decision shall be promptly made available for inspection to the general public, provided that no information shall be disclosed if its disclosure would be contrary to



law, would impede law enforcement, would not be in the public interest, would prejudice legitimate commercial interests of the parties or would inhibit fair competition.

Regulation 54. Suspension of procurement proceedings (1) The timely submission of a complaint under Regulation 51 shall not suspend the

procurement proceedings, except that if a Procuring Entity knows that a complaint is proceeding under Regulation 51 and during this proceeding it receives approval to issue the Notification of Award, it shall not do so until such time as either:

(a) the Tenderer accepts the decision of the administrative authority at any stage or; (b) the Tenderer does not proceed within 7 working days after issue/receipt of written

decision by the administrative authority as per Regulations 51(7) to a Review Panel.

This means the procurement proceedings shall continue and approval shall be obtained but notification of award shall not be issued until either of the two above-mentioned instances has occurred.

(2) The Review Panel, upon receiving from a Tenderer/Consultant its complaint through

the CPTU and having been satisfied that the fee has been properly provided, shall advise the Procuring Entity to continue the suspension of the Notification of Award until such time as the findings of the Review Panel have been announced.

(3) The suspension of Notification of Award (NOA), provided for by Regulation 54(1) shall

not apply if a Procuring Entity certifies that public interest considerations require the procurement to proceed. The certification, which shall state the grounds for the finding that such considerations exist and which shall be made a part of the record of the procurement proceedings, is conclusive with respect to all levels of complaint except judicial complaint.

The Head of a Procuring Entity shall certify to this effect having obtained the approval of the concerned Secretary/Minister.

(3) Any decision by a Procuring Entity under Regulation 51 or by the Review Panel under

Regulation 54 and the grounds and circumstances thereof shall be made part of the record of the procurement proceedings. A flow chart on the process to be followed and the activities to be undertaken under the complaints and appeals procedures is attached as Appendix L.

Regulation 55. Assistance provided by CPTU to review panel (1) The CPTU shall issue a detailed procedure governing the functioning of the Review

Panel. (2) The CPTU shall not be involved in the resolution of the complaint but shall provide

logistic support to the Review Panel in the discharge of its functions.

However, the following notes are issued in order to provide Procuring Entities with examples of the types of occurrences that might lead to a complaint being submitted by an Applicant, Tenderer, Supplier, Contractor or Consultant. This list is not



considered to contain every conceivable issue or occurrence that might give rise to complaint from an Applicant, Tenderer, Supplier, Contractor or Consultant. A Procuring Entity shall handle all procurement proceedings fully in accordance with the Regulations and the Procedures. If they fail to do so, any person or firm or Tenderer may submit a complaint concerning any action on the part of a Procuring Entity that is considered not to comply with the Regulations or the Procedures. However, some common examples of circumstances in which a formal complaint may be lodged against a Procuring Entity are outlined below and are by no means exhausting all possibilities.

Invitations for Pre-qualification:

- Inadequate time allowed through advertisement by the Procuring Entity for

Invitation for Pre-qualification; - Invitation for Pre-qualification documents were not ready when the advertisement

was published by the Procuring Entity or not available when requested by a potential Applicant;

- Failure to respond promptly to a request for clarification from a potential Applicant; - Failure by the TEC to follow the qualification criteria stated in the Invitation for Pre-

qualification; - Biased/unfair qualification criteria; and - Perceived unfair denial of pre-qualification.

Open Tendering Method:

- Advertisement not properly done following the Regulation 21; - Inadequate time allowed through advertisement by the Procuring Entity for

Invitation for Tender (inadequate tendering period); - Invitation for Tender documents were not ready when the advertisement was

published by the Procuring Entity or not available when requested by a potential Tenderer;

- Failure to respond promptly to a request for clarification from a potential Tenderer; - Technical specification that can be met by only one or a small number of

manufacturers; - Failure to hold an advertised pre-tender meeting or to properly notify potential

Tenderers of a change in the date/location/time, etc. that resulted in some potential Tenderers failing to attend the meeting;

- Failure to hold the tender opening as stated in the Invitation for Tenders and/or improper conduct at the tender opening;

- Mishandling of tenders received from Tenderers resulting in the early opening of one or more tenders that produces either a loss of confidentiality of the tender or an actual failure to open a tender at a public opening;

- Failure to open all tenders which were received prior to the deadline for the submission of tenders;

- Failure by the TEC to comply with the tender evaluation criteria stated in the Invitation for Tenders;



- Any attempt by the Procuring Entity to ‘negotiate’ with the successful Tenderer. - Biased evaluation criteria; and - Perceived unfair or erroneous award of contract.

Restricted Tendering Method:

All the points mentioned in the Open Tendering Method as may be relevant for Restricted Tendering Method.

Direct Procurement Method:

All the points mentioned in the Open Tendering Method as may be relevant for Direct Procurement Method.

Two-stage Tendering Method:

All the points mentioned in the Open Tendering Method as may be relevant for Two-Stage Tendering Method, with the following additional example:

- A breaking of confidentiality by the Procuring Entity at the time of discussions with

each Tenderer during the evaluation of the first-stage tender.

Request for Quotations Method:

All the points mentioned in the Open Tendering Method as may be relevant for the Requests for Quotations Method.

Request for Expressions of Interest:

- Inadequate time allowed through advertisement by the Procuring Entity for request

for Expressions of Interest; - Expressions of Interest documents not ready when advertisement published by the

Procuring Entity or not available when requested by a potential Applicant; and - Failure to respond promptly to a request for clarification from a potential Applicant.

Requests for Proposals:

- Inadequate time allowed by the Procuring Entity for the preparation and submission

of proposals; - Failure on the part of the Procuring Entity to maintain confidentiality following the

opening of the envelopes containing the technical proposals; - Opening of the financial proposals in error at the same time as the opening of the

technical proposals; - Failure to evaluate the proposals in accordance with the evaluation criteria set out

in the RFP; - Attempt by the Procuring Entity to force a Consultant to revise fee rates during the

negotiation of the contract; and - Perceived unfair award of contract.



CHAPTER X. PROCUREMENT POST REVIEW Regulation 56. Independent procurement review (1) At the end of each financial year, the Head of a Procuring Entity of each Procuring

Entity with a procurement volume as specified in Appendix-A shall undertake a post review of its procurement operations using independent Consultants. In addition, CPTU may undertake sample procurement review as part of monitoring and compliance of the Public Procurement Regulations, 2003. The independent Consultant shall be selected and recruited using the appropriate RFP method.

(2) The objectives of the procurement post-review are to:

- examine the implementation of procurement proceeding in order to verify that the Procuring Entities are complying with the requirements of the Regulations; and

- assess the extent to which value-for-money is being achieved in procurement as

required by the Regulations. (3) The review shall cover a minimum percentage of the total number of contracts

awarded in a financial year in a manner so that it covers minimum percentage of the total value of all contracts awarded in that financial year as specified in Appendix-A.

The Consultant shall be free to select the procurement contracts to be reviewed

according to the scope and the extent of review entrusted to it as per its contract. (4) The CPTU shall issue Guidance Notes for the performance of the Independent

Review. (5) The review shall be completed and the report presented to the CPTU within nine (9)

months of the end of the financial year. CHAPTER XI. APPROVAL PROCEDURE AND DELEGATION OF FINANCIAL POWERS Regulation 57. Approval Procedure and Delegation of Financial Powers (1) The Government shall notify the Procurement Processing and Approval Procedure

(PPAP) leading up to the Notification of Contract Award, i.e. the prescribed internal process to be followed by a Procuring Entity in forming a TEC and/or a PEC and in securing clearances for award of contract.

(2) The Government shall also notify the Delegation of Financial Powers (DoFP) to

approve an award of Contract, i.e. the assigned levels of financial authority for different categories of approving authorities permitting them to approve/decide upon an award of contract.

(3) Such PPAP and DoFP shall be periodically reviewed to ensure efficient implementation

of public procurement.



CHAPTER XII. REPEALS AND SAVINGS Regulation 58. Repeal and saving (1) Rules, Regulations, orders or any other instruments, by whatever name they may be

called, in force for or in connection with public procurement shall, so far as they are inconsistent with the Regulations upon their commencement, stand repealed.

(2) All proceedings for public procurement commenced immediately before the

commencement (i.e. 1st October 2003) of the Regulations shall, notwithstanding the repeal under Regulation 58(1), be disposed of in accordance with the provisions of those repealed Regulations as if they have not been repealed.

CHAPTER XIII. INTERPRETATION AND IMPLEMENTATION Regulation 59. Interpretation and Implementation (1) In interpreting the Regulations singular also means plural, male also means female or

neuter and vice versa. Words have their normal meaning under the English language unless specifically defined.

(2) The CPTU will issue detailed procedures (this volume) to guide Procuring Entities in

the interpretation and implementation of the Regulations for the procurement of goods, works and services. The Procedures shall be subject to amendment from time to time as may be required by the issue of amendments to or new Regulations or by a need to amend or clarify the Procedures and/or the related Operating Procedures. Any amendments to the Procedures shall be issued by the CPTU in the same manner as this document has been issued. Any clarification on the Regulations and the Procedures shall be issued by the CPTU.



This page has been left blank to allow the

Appendices to follow in an easily readable manner



Appendix A: Schedule of Times and values currently in Force Regulation

Time or Value

17(2) Conditions for use of Restricted Tendering Method Tk 5 lakh in the case of goods and physical services Tk 10 lakh in the case of works

18(1) (b) to (e)

Conditions for use of direct procurement method (b) The value of the additional delivery of goods shall not exceed 15%

of the original contract value or Tk 5 crore, whichever is lower. (c) The value of the additional works, including repetition of similar

works, shall not exceed 15% of the original contract value or Tk 20 crore, whichever is lower.

(d) The value of new works, which are a repetition of similar works, shall not exceed 15% of the original contract value or Tk 20 crore, whichever is lower.

(e) The value of the additional services shall not exceed 15% of the original contract value or Tk. 2 crore, whichever is lower.

In all such cases the additional procurement shall be limited to once only occasion.

18(2) Conditions for use of direct procurement method For goods the amount shall be less than Tk 15,000 For unforeseen urgent services the amount shall be less than Tk 50,000

20(1) 20(2)

Conditions for use of request for quotations method The amount shall be Tk 2 lakh for procurement undertaken by procuring entities in Bangladesh. The amount shall be Tk 5 lakh for procurement undertaken overseas by a Bangladesh High Commission, Embassy or Mission

21(2) Advertisements The amount shall be Tk 1 crore and above

35(2) Contract award of Tk 1 crore and Above

36(2) Performance Security The amount shall be 10% for goods Contracts The amount shall be between 10% and 15% for works contracts.

47(3a) 47(3ci) 47(3ciii)

Sub-methods for Selection of Consultants The amount shall be less than Tk 50 lakh The amount shall not exceed 15% of the original contract value, or Tk 2 crore, whichever is lower. The amount shall be less than Tk 5 lakh.

49(5) Contract award of Tk 50 lakh and Above



52(2) List of Specialists

There shall be a maximum of 10 practiced legal professionals There shall be a maximum of 10 persons who are retired senior officers of the service of the government There shall be 10 specialists provided by the FBCCI.

52(3) Number of Panels There shall be 3-5 Review Panels established.

53(3c) Complaint to Review Panel For estimated contract value (a) less than Tk 1 crore, the registration fee shall be Tk 50,000. (b) between Tk 1 crore and 5 crore, the registration fee shall be Tk

100,000. (c) between Tk 5 crore and 10 crore, the registration fee shall be Tk

200,000. (d) above Tk 10 crore, the registration fee shall be Tk 500,000.

56(1) Independent Procurement Review The procurement volume shall be more than Taka 10 crore in that year.

56(3) Minimum Number of Contracts The review shall cover not less than 15% of the number of contracts awarded in that year to be selected by the independent Consultant in such a manner to cover at least 30% of the corresponding value.



Appendix B: Records of Procurement to be maintained by a Procuring Entity

The Public Procurement Regulations 2003 makes it mandatory on the part of a Procuring Entity to maintain records of procurement for a minimum period of five years or longer period as required in special cases (Regulation 9). Therefore, all Procuring Entities shall maintain procurement records in the manner prescribed in the Procedures.

1. The period of 5 years or more, as the case may be, shall be counted from the date of discharge of contractual obligations or end of the project depending on the requirement.

2. The Procuring Entity shall obtain the approval of the higher authority (Head of Procuring Entity or an authorized officer) in respect of files or records that are to be preserved for periods in excess of 5 years from the date of discharge of contractual obligations or end of the project.

3. The Regulation and the Procedure lay down the important records that shall be maintained and preserved. Therefore with the commencement of the process of procurement all relevant papers, documents as required under Regulation -9 and the Procedures should be kept carefully to develop, maintain and preserve the Procurement files.

4. The records of procurement of Goods, Works and Services made through each contract shall be maintained separately. In case of more than one contract falling under a particular package, the files or records shall be systematically maintained on each contract basis and arranged or grouped together on the basis of each package. For example, if one package of goods consists of 3 lots and for each lot a separate contract has been concluded, then there should be three files for 3 contracts and papers relating to each contract shall be maintained in the relevant contract files. All the three contract files relating to the particular package shall be maintained together as a group or package. If in a goods package, say package no G1 there are 3 contracts then the contract files shall indicate as G1: Contract - 1 (3), G1: Contract 2 (3), G1: Contract 3 (3). All the 3 contracts shall be serially maintained under one package. The file number may include ---/----/procurement/ G1: Cont-1 (3)/2004-06. The indicated years are the file opening and closing years. The file should be opened indicating the year when it is opened and the year when it should be closed. In other words it should include year of commencement and year of completion of contractual obligations.

5. A particular Contract file may have more than one part file. Part file shall be indicated in the file number as part-1, part-2 say for example: -----/-------/G1: Cont.1 (3) part-1/2004 -06.The checklist of records format shall be placed at the top of every file whether it is a part file or not. The format of the checklist should be filled in stating the records maintained in a particular file. Where part file is opened, some of the columns of the checklist of records will remain blank concerning the records not maintained in a particular part file. The concerned officer of the Procuring Entity should indicate in writing in the format in which part file or main file the records appearing blank are available.

6. If relevant papers relating to a particular procurement are maintained by more than one branch of the Procuring Entity, the relevant branch shall transfer the records to the main procurement file. If it is not possible to transfer the records and documents, the concerned department(s) shall maintain the documents/records relating to the procurement for the period stated in the Regulations and the Procedures. The concerned Procurement Officer shall ensure the relevant branch is complying with the requirement and the Procedures of the Regulation 9. This situation may arise in case



of documents/records maintained by the Accounts Branch who may retain the original documents for audit or other purposes.

7. The pages of the file shall be numbered serially. The entire file should be preserved in a manner so that no page should miss. The pages in the file should be bounded if possible.

8. The attached format and the records mentioned therein shall be placed as part of the records on top of the papers of each file.

9. The file shall be given a number and maintained systematically so that it can be located immediately whenever required

10. The file shall have a title page. The title shall mention the project name object of procurement package number etc. An example of a title page of a file is attached.

File no : ………………./……../ G1: Cont. 1(3) Part 1/2004-6 Date of opening : 2004 Date of closing : 2006

Subject : Procurement of Goods under Public Procurement Reform Project Package no : G1 Contract no : G1: Cont.(1)(3) Advertisement No ………………………………date……………. Specify object of procurement and quantity ………………………………



Checklist of records to be maintained under Regulation 9

Description (object

of Procurement) :

Package No. :

Contract No. :

Sl

No. Minimum Records and documents to the

maintained

State briefly where

appropriate or state yes or no

Refer: col-2.

Reference of file page no/part file

no Refer;Col-3

1 2 3 4

01 Brief description of goods and related services/ works and physical services, intellectual and professional services. (Please state very briefly the type of procurement)

02 Method of procurement used (State if Open Tendering Method, Restricted Tendering Method, Direct Procurement Method, Two Stage Tendering Method, Request for Quotations Method etc)

03 Justification for choosing a method other than open tendering with the level of approval obtained (State method adopted/authority approving the method or sub-method)

04 An invitation for pre-qualification, if any

05 Copies of the published advertisements for pre-qualification, if any

06 A copy of pre-qualification document or request for EOI or other solicitation documents

07 Records of selection of pre-qualified persons/ firms, if any or short listed Applicants.

08 Invitation for Tender/Letter of Invitation with copy of Advertisement notice in newspapers, if any

09 Documents regarding sale of tender

10 Clarification issued, if any, and to whom addressed

11 Addendum issued

12 Names and addresses of the Tenderers/ Consultants that submitted tenders/ quotations/proposals

13 List of persons present during tender opening, date and place of opening

14 Minutes of the tender opening

15 Tender, Quotation or Proposal/ documents submitted by each Tenderer/Consultant

16 Evaluation criteria stipulated and applied

17 Report on Tender, Proposal or Quotation evaluation including compression sheet

18 Records of approval of the TEC/PEC recommendations.



Sl No.

Minimum Records and documents to the maintained

State briefly where

appropriate or state yes or no

Refer: col-2.

Reference of file page no/part file

no Refer;Col-3

19 Name and address of the Tenderer to whom the contract was awarded

20 Notification of Award

21 The amount of contract price

22 Contract documents

23 Copy of performance guarantee document with date and no.

24 Delivery/acceptance documents/reports for goods

25 Completion report of works and services Number of lots delivered/ assignments completed

26 Location of delivery of goods/completion of works

27 Information on any decision to suspend or cancel proceedings after initiation

28 Documents in respect of any complaints to administrative authority with decision of the appropriate authority/Secretary

29 Appeal to Review Panel Appeal petition to Review Panel

30 Payment of registration fee for appeal.

31 Constitution of Review Panel by the CPTU

32 Decision of the Review Panel with report

33 Compliance of the decision of the Review Panel, if any

34 Records of payment against bills/invoices

35 Bill of quantities for works/measurement book submitted

36 Bill passing orders

37 Bill payment records

38 Mode of payment : cheque, cash etc.

39 Acknowledgement of receipt of payment by Tenderer/Consultant

40 All correspondences with Tenderers (Important correspondences)



Appendix C: Formats and Guidance Notes on Preparations of Procurement Plan.

Total Procurement Plan for Development Project / Programme This part identifies the packages for goods, works and services that are required under the development project/programme. It identifies each procurement package, giving it a unique code and considers the expected cost of the package (as per the PP/TAPP), as well as the anticipated dates when the procurement package will be supplied. A separate Schedule, completed as shown below, should be provided for Goods, Works and Services. Col

No

Activity Note

1 Package Number In ascending numerical order.

(e.g. GD1, GD2, GD3; WD1, WD2, WD3; or SD1, SD2, SD3 etc)

2 Description of

Procurement Package

Brief description of the procurement package, expressed in quantifiable terms. (as per PP/TAPP)

3/4 Unit/ Quantity The unit of supply. (e.g. 1, set, sq.ft, lump sum)

The quantity of the unit required (e.g. 1,2,3 etc; or 1,500 etc)

5 Procurement Method

& Type

Procurement Method (e.g. OTM (NCT); RTM (NCT), DP, etc.)

6 Contract Approving

Authority

State here the approving authority that gave approval to the Tender / Proposal Evaluation Report.

7 Source of Funds Source of Funds (GoB or Own) or

Development Partner (IDA, ADB, EU etc)

8 Estimated cost

in Tk (Lakh)

Express the anticipated cost in Taka (Lakh) as per the PP/TAPP.

e.g. 50 Lakh would be “50”, 1 crore 50 lakh would be “150”

Indicative Dates These are the three key dates of any procurement activity, the date at which the Procuring Entity invites Tenders, the date at which a Contract is expected to be signed and the expected date of completion of the Contract.

9 Prequalification /

Expression of Interest

Not used in Goods, so this shaded column is left blank

Prequalification (if applicable) may be used in Works

EOI is used in Services

10 Invitation for Tender /

Proposal

State the anticipated date when the Advertisement will be placed and when the Tender Document will be ready for issue.

For Services this is the issue date of the RFP

11 Signing of Contract

State the anticipated date when the Contract will be signed.

12 Completion of Contract State the anticipated date when the Contract will be completed, excluding any warranty period or defects liability period.



Annual Procurement Plan for Development & Revenue Budgets Time bound procurement assists a Procuring Entity to effectively plan its procurement requirements and is an important and useful tool used to monitor the progress of procurement (a) to ensure that it does not go astray; (b) to ensure that early problems with slippage can be dealt with promptly; and (c) can form a useful Annual Plan for procurement. A separate Schedule, completed as follows, should be provided for Goods, Works and Services. Also a separate schedule should be used for Development or Revenue Budget. Col

No

Activity Note

1

2

3 /4

5

6

7

8

Package Number

Description of

Procurement Item

Unit & Quantity

Procurement Method & Type

Contract Approving

Authority

Source of Funds

Estimated Cost

In Tk (Lakh)

)

) To be copied from the Total Procurement Plan for Development

) Project / Programme for those packages required in this financial year.

)

)

) In the case of procurement using funds from the Revenue Budget then the

)columns shall be completed based upon information in the Revenue Budget.

)

)

)

9 Time Code for

Process

In the first row on each form examples have been given to assist the Procuring Entity in completion of the Forms

17 Completion of

Contract

Planned Dates & Planned Days

For each procurement package, consider the Date on which the Goods, Works or Services are required to be completed and enter the date in Planned Dates (Column 17).

Then show the expected duration of the Contract (in Days) in Planned Days immediately under the above Date (Column 17).

16

15

14

13

12

Signing of Contract

Notification of Award

Approval of Award

Evaluation of Tender / Proposal

Opening of Tender / Proposal

Now determine the number of days it is expected that each activity will take place and enter the time for that activity in the relevant “Planned Days” box. Use the Procurement Processing & Approval Procedures (PPPAP) to determine the minimum dates applicable to each procurement package method.

The date for each activity will automatically be calculated and appear in the “Planned Dates” box.

11

10

Advertising Tender

Not Used (Goods)

Always show “0” in the “Planned Days” box in column 11.

Column 10 does not apply for Goods procurement

11

10

Advertising Tender

Prequalification (Works)


If Prequalification is used then enter the anticipated process time in the “Planned Days” column 11. Include time for Advertising, Responding to Advert, Evaluation and Approval (this may be as high as 80-90 days in some cases).

11

10

Issue RFP

Advertise EOI

(Services)


Determine the time it will take from issue of EOI, receiving responses, evaluation and approval to Issue of RFP date and enter the number of days in the “Planned Days” box in column 11.

18 Total Time (in Days) This is automatically calculated by adding together all the predetermined number of “Planned Days”, it will change if any of the Planned Days are changed.

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0201a - PR2 Procedures PRINTED VERSION (Sep 2004)_ext 106

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30.

00





Appendix D: Format for Invitations (from STD’s & RFP’s)

Invitation for Prequalification [for use when there is a SINGLE lot in a package

This is the website format and as used for published advertisement. It is included in this document for information only]


1 Ministry/Division < select > V 2 Agency < select > V 3 Procuring Entity Name < type in name > 4 Procuring Entity Code Not used at present 5 Procuring Entity District < select > V 6 Invitation for < select > V < select > V < select > V 7 Invitation Ref No < type in name > 8 Date < select > V

KEY INFORMATION 9 Procurement Method < select > V < select > V FUNDING INFORMATION 10 Budget and Source of Funds < select > V 11 Development Partners (if applicable) < type in name > PARTICULAR INFORMATION 12 Project / Programme Code (if applicable) < use MOF code > 13 Project / Programme Name (if applicable) < use MOF name > 14 Proposed Tender Package No. < type in name > 15 Proposed Tender Package Name < type in name > Date Time 18 Pre-qualification Closing Date and Time < select > V < select > V 19 Name & Address of the office(s) Address - Selling Prequal. Document (Principal) < type in name > - Selling Prequal. Document (Others) < type in name > - Receiving Prequal. Document < type in name > 20 Place / Date / Time of < type in name > Pre-Qualification Meeting (Optional) Date Time < select > V < select > V INFORMATION FOR APPLICANT 21 Eligibility of Applicant < type in name > 22 Brief Description of Goods or Works < type in name > 23 Brief Description of Related Services < type in name > 24 Price of Prequal Document (Tk) < type in price > Lot

No Identification of Lot

Location Completion Time in Weeks / months

25 1 < type in name > < type in name > <type in> PROCURING ENTITY DETAILS 29 Name of Official Inviting Prequalification < type in name > 30 Designation of Official Inviting Prequal. < type in name > 31 Address of Official Inviting Prequal. < type in name > 32 Contact details of Official Inviting Prequal. < Tel. No. > < Fax No. > < e-mail > 33 The procuring entity reserves the right to accept or reject all prequalifications <select> : these fields are “pop-up” fields and the procuring entity will only have to select the correct name, address or date in order to complete the form. <type in name> : these fields are to be completed by typing in the relevant data.



Invitation for Prequalification

[for use when there are MULTIPLE lots in a package This is the website format and as used for published advertisement.

It is included in this document for information only]

GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH 1 Ministry/Division < select > V 2 Agency < select > V 3 Procuring Entity Name < type in name > 4 Procuring Entity Code Not used at present 5 Procuring Entity District < select > V 6 Invitation for < select > V < select > V < select > V 7 Invitation Ref No < type in name > 8 Date < select > V

KEY INFORMATION 9 Procurement Method < select > V < select > V FUNDING INFORMATION 10 Budget and Source of Funds < select > V 11 Development Partners (if applicable) < type in name > PARTICULAR INFORMATION 12 Project / Programme Code (if applicable) < use MOF code > 13 Project / Programme Name (if applicable) < use MOF name > 14 Proposed Tender Package No. < type in name > 15 Proposed Tender Package Name < type in name > Date Time 18 Pre-qualification Closing Date and Time < select > V < select > V 19 Name & Address of the office(s) Address - Selling Prequal. Document (Principal) < type in name > - Selling Prequal. Document (Others) < type in name > - Receiving Prequal. Document < type in name > 20 Place / Date / Time of < type in name > Pre-Qualification Meeting (Optional) Date Time < select > V < select > V INFORMATION FOR APPLICANT 21 Eligibility of Applicant < type in name > 22 Brief Description of Goods or Works < type in name > 23 Brief Description of Related Services < type in name > 24 Price of Prequal Document (Tk) < type in price > Lot

No Identification of Lot Location Completion

Time in Weeks / months

25 1 < type in name > < type in name > <type in> 26 2 < type in name > < type in name > <type in> 27 3 < type in name > < type in name > <type in> 28 4 < type in name > < type in name > <type in> POCURING ENTITY DETAILS 29 Name of Official Inviting Prequalification < type in name > 30 Designation of Official Inviting Prequal. < type in name > 31 Address of Official Inviting Prequal. < type in name > 32 Contact details of Official Inviting Prequal. < Tel. No. > < Fax No. > < e-mail > 33 The procuring entity reserves the right to accept or reject all prequalifications <select> : these fields in the website are “pop-up” fields and the procuring entity will only have to select the correct name, address or date in order to complete the form. <type in name> : these fields are to be completed by typing in the relevant data.



Appendix-D(contd.)

Invitation for Tenders [for use when there is a SINGLE lot in a package



1 Ministry/Division < select > V 2 Agency < select > V 3 Procuring Entity Name < type in name > 4 Procuring Entity Code Not used at present 5 Procuring Entity District < select > V 6 Invitation for < select > V < select > V < select > V 7 Invitation Ref No < type in name > 8 Date < select > V

KEY INFORMATION 9 Procurement Method < select > V < select > V FUNDING INFORMATION 10 Budget and Source of Funds < select > V 11 Development Partners (if applicable) < type in name > PARTICULAR INFORMATION 12 Project / Programme Code (if applicable) < use MOF code > 13 Project / Programme Name (if applicable) < use MOF name > 14 Tender Package No. < type in name > 15 Tender Package Name < type in name > Date 16 Tender Publication Date < select > V 17 Tender Last Selling Date < select > V Date Time 18 Tender Closing Date and Time < select > V < select > V 19 Tender Opening Date and Time < select > V < select > V 20 Name & Address of the office(s) Address - Selling Tender Document (Principal) < type in name > - Selling Tender Document (Others) < type in name > - Receiving Tender Document < type in name > - Opening Tender Document < type in name > 21 Place / Date / Time of < type in name > Pre-Tender Meeting (Optional) Date Time < select > V < select > V INFORMATION FOR TENDERER 22 Eligibility of Tenderer < type in name > 23 Brief Description of Goods or Works < type in name > 24 Brief Description of Related Services < type in name > 25 Price of Tender Document (Tk) < type in price > Lot

No Identification of Lot Location Tender Security

Amount (Tk)

Completion Time in Weeks /

Months 26 1 < type in name > < type in name > <type in> <type in> PROCURING ENTITY DETAILS 30 Name of Official Inviting Tender < type in name > 31 Designation of Official Inviting Tender < type in name > 32 Address of Official Inviting Tender < type in name > 33 Contact details of Official Inviting Tender < Tel. No.> <Fax No.> <e-mail> 34 The procuring entity reserves the right to accept or reject all tenders <select> : these fields are “pop-up” fields and the procuring entity will only have to select the correct name, address or date in order to complete the form. <type in name> : these fields are to be completed by typing in the relevant data.



Invitation for Tenders

[for use when there are MULTIPLE lots in a package This is the website format and as used for published advertisement.

It is included in this document for information only]

GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH 1 Ministry/Division < select > V 2 Agency < select > V 3 Procuring Entity Name < type in name > 4 Procuring Entity Code Not used at present 5 Procuring Entity District < select > V 6 Invitation for < select > V < select > V < select > V 7 Invitation Ref No < type in name > 8 Date < select > V

KEY INFORMATION 9 Procurement Method < select > V < select > V FUNDING INFORMATION 10 Budget and Source of Funds < select > V 11 Development Partners (if applicable) < type in name > PARTICULAR INFORMATION 12 Project / Programme Code (if applicable) < use MOF code > 13 Project / Programme Name (if applicable) < use MOF name > 14 Tender Package No. < type in name > 15 Tender Package Name < type in name > Date 16 Tender Publication Date < select > V 17 Tender Last Selling Date < select > V Date Time 18 Tender Closing Date and Time < select > V < select > V 19 Tender Opening Date and Time < select > V < select > V 20 Name & Address of the office(s) Address - Selling Tender Document (Principal) < type in name > - Selling Tender Document (Others) < type in name > - Receiving Tender Document < type in name > - Opening Tender Document < type in name > 21 Place / Date / Time of < type in name > Pre-Tender Meeting (Optional) Date Time < select > V < select > V INFORMATION FOR TENDERER 22 Eligibility of Tenderer < type in name > 23 Brief Description of Goods or Works < type in name > 24 Brief Description of Related Services < type in name > 25 Price of Tender Document (Tk) < type in price > Lot

No Identification of Lot Location Tender Security

Amount (Tk) Completion Time in

Weeks / Months 26 1 < type in name > < type in name > <type in> <type in> 27 2 < type in name > < type in name > <type in> <type in> 28 3 < type in name > < type in name > <type in> <type in> 29 4 < type in name > < type in name > <type in> <type in> 30 Name of Official Inviting Tender < type in name > 31 Designation of Official Inviting Tender < type in name > 32 Address of Official Inviting Tender < type in name > 33 Contact details of Official Inviting Tender < Tel. No. > < Fax No. > < e-mail > 34 The procuring entity reserves the right to accept or reject all tenders <select> : these fields are “pop-up” fields and the procuring entity will only have to select the correct name, address or date in order to complete the form. <type in name> : these fields are to be completed by typing in the relevant data.



Appendix-D (contd.)

Request for Expressions of Interest (Firm)


GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH 1 Ministry/Division < select > V 2 Agency < select > V 3 Procuring Entity Name < type in name > 4 Procuring Entity Code Not used at present 5 Procuring Entity District < select > V 6 Expression of Interest for Selection of < type in name > 7 EOI Ref No < type in name > 8 Date < select > V

KEY INFORMATION 9 Procurement Method < select > V FUNDING INFORMATION 10 Budget and Source of Funds < select > V 11 Development Partners (if applicable) < type in name > PARTICULAR INFORMATION 12 Project / Programme Code (if applicable) < use MOF code > 13 Project / Programme Name (if applicable) < use MOF name > Date Time 14 EOI Closing Date and Time < select > V < select > V INFORMATION FOR APPLICANT 16 Brief Description of Assignment < type in details > 17 Experience, Resources and Delivery Capacity Req’d < type in details > 18 Other Details (if applicable) < type in details > 19 Association with foreign firms is < select > V Ref

No Phasing of Services Location Indicative

Start Date Indicative

Completion Date

20 S1 < type in name > < type in name > < type in > < type in > S2 < complete as required > < type in name > < type in > < type in > S3 < complete as required > < type in name > < type in > < type in > S4 < complete as required > < type in name > < type in > < type in > PROCURING ENTITY DETAILS 21 Name of Official Inviting EOI < type in name > 22 Designation of Official Inviting EOI < type in name > 23 Address of Official Inviting EOI < type in name > 24 Contact details of Official Inviting EOI , Tel. No. > < Fax No. > < e-mail > 25 The procuring entity reserves the right to accept or reject all EOI’s < select > : these fields are “pop-up” fields and the procuring entity will only have to select the correct name, address or date in order to complete the form. < type in name > : these fields are to be completed by typing in the relevant data.



This letter will be self generated from the webpage Advertisement

1 2 3 5

Request for Express3ion of Interest (Firm) For Selection of [ 6 ]

EOI Ref No: [ 7 ] Date: [ 8 ] The [ 3 ] has been allocated public funds from the Government of the Peoples Republic of Bangladesh (GoB) toward the cost of the [ 13 ] and it intends to apply part of the proceeds of these funds to payments under the contract for the provision of consultancy services for the project by a Consulting Firm (National). The services include [ 16 ] The Experience, Resources and Delivery Capacity required are [ 17 ]. The [ 3 ] now invites eligible Applicants to indicate their interest in providing the services. Interested Consultants are invited to provide information indicating that they are qualified to perform the services (brochures, description of similar assignments, experience in similar operating conditions, availability of appropriate professional qualification and experience among staff, etc.). An Applicant may associate with other Consultant(s) to enhance their qualifications. Association with foreign firms is [ 19 ], however this is not mandatory. A Consultant will be selected using the selection sub-method in accordance with the Public Procurement Regulations 2003 and Public Procurement Procedures issued by the GoB. It is expected that the services will be commenced on [ 20 (3) ] at [ 20 (2) ] and shall be completed on [ 20 (4) ] at [ 21 (2) ]. Interested Applicants may obtain further information by applying to the address below during normal office hours. Expressions of Interest shall be submitted by [ 14(2) ] on [ 14(1) ], in sealed envelope delivered to [ 21 ], and be clearly marked “Request for Expressions of Interest for Selection of [ 6 ].

[ 25 ]

[ 21 ] [ 22 ] [ 23 ] [ 24 ]



Request for Expressions of Interest (Individual)


GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH 1 Ministry/Division < select > V 2 Agency < select > V 3 Procuring Entity Name < type in name > 4 Procuring Entity Code Not used at present 5 Procuring Entity District < select > V 6 Expression of Interest for Selection of Individual Consultant (National) 7 EOI Ref No < type in name > 8 Date < select > V

KEY INFORMATION 9 Procurement Method < select > V FUNDING INFORMATION 10 Budget and Source of Funds < select > V 11 Development Partners (if applicable) < type in name > PARTICULAR INFORMATION 12 Project / Programme Code (if applicable) < use MOF code > 13 Project / Programme Name (if applicable) < use MOF name > Date Time 14 EOI Closing Date and Time < select > V < select > V INFORMATION FOR APPLICANT 16 Brief Description of Assignment < type in details > 17 Qualification & Experience Required < type in details > 18 Other Details (if applicable) < type in details > 19 Association with foreign firms is Not applicable Ref

No Phasing of Services Location Indicative

Start Date Indicative

Completion Date

20 S1 < type in name > < type in name > < type in > < type in > S2 < complete as required > < type in name > < type in > < type in > S3 < complete as required > < type in name > < type in > < type in > S4 < complete as required > < type in name > < type in > < type in > PROCURING ENTITY DETAILS 21 Name of Official Inviting EOI < type in name > 22 Designation of Official Inviting EOI < type in name > 23 Address of Official Inviting EOI < type in name > 24 Contact details of Official Inviting EOI , Tel. No. > < Fax No. > < e-mail > 25 The procuring entity reserves the right to accept or reject all EOI’s < select > : these fields are “pop-up” fields and the procuring entity will only have to select the correct name, address or date in order to complete the form. < type in name > : these fields are to be completed by typing in the relevant data.



This letter will be self generated from the webpage Advertisement

1 2 3 5

Request for Expression of Interest (Individual) For Selection of [ 6 ]

EOI Ref No: [ 7 ] Date: [ 8 ] The [ 3 ] has been allocated public funds from the Government of the Peoples Republic of Bangladesh (GoB) toward the cost of the [ 13 ], and intends to apply part of the proceeds of these funds to payments under the contract for the provision of consultancy services for the project by an individual consultant (national). The services include [ 16 ] The qualification and experience required for the assignment is as follows: [ 17 ] The [ 3 ] now invites eligible Applicants to indicate their interest in providing the services. Applicants are invited to provide information indicating that they are qualified to perform the services (complete CV with other details as required as per the Application Forms) A Consultant will be selected using the selection of individual consultant sub-method in accordance with the Public Procurement Regulations 2003 and Public Procurement Procedures issued by the GoB. It is expected that the services will be commenced on [ 20 (3) ] at [ 20 (2) ] and shall be completed on [ 20 (4) ] at [ 21 (2) ]. Interested Applicants are required to submit their expressions of interest in accordance with the Application Forms and may obtain the Request for Application document from the office of the undersigned during normal office hours. Expressions of Interest shall be submitted by [ 14(2) ] on [ 14(1) ], in sealed envelope delivered to [ 21 ], and be clearly marked “Request for Expressions of Interest for Selection of [ 6 ].

[ 25 ]

[ 21 ] [ 22 ] [ 23 ] [ 24 ]



Appendix E Standard Format for Reporting Contract Award to the CPTU

(Above Tk 1 crore for Goods & Works Contracts) (Above Tk 50 lakh for Consultancy Contracts)

This is the website format which requests only the data needed to complete The Contract Award Notification Sheet

GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH 1 Ministry/Division < select > V 2 Agency < select > V 3 Procuring Entity Name < type in name > 4 Procuring Entity Code Not used at present 5 Procuring Entity District < select > V 6 Contract Award for < select > V 7 Invitation / Proposal Ref. No

KEY INFORMATION 9 Procurement Method < select > V FUNDING INFORMATION 10 Budget and Source of Funds < select > V 11 Development Partners (if applicable) < type in name > PARTICULAR INFORMATION 12 Project / Programme Code (if applicable) < use MOF code > 13 Project / Programme Name (if applicable) < use MOF name > 14 Tender / Proposal Package No. < type in name > 15 Tender / Proposal Package Name < type in name > 16 Date 17 Date of Advertisement < select > V 18 Date of Notification of Award < select > V 19 Date of Contract Signing < select > V 20 Proposed Date of Contract Completion < select > V 21 No. of Tenders / Proposals Sold < type in Number > 22 No. of Tenders / Proposals Received < type in Number > 23 No. of Responsive Tenders / Proposals < type in Number > INFORMATION ON AWARD 24 Brief Description of Contract < type in details > 25 Contract Value < type in details > 26 Name of Supplier / Contractor / Consultant < type in details > 27 Location of Supplier / Contractor / Consultant < type in details > 28 Location of Delivery / Works / Consultancy < type in details > 29 Is the Contract signed with the same person stated in the NOA ? < select > 30 If No give reason why < type in details > 31 Was the Performance Security provided in due time? < select > 32 In No give reasons why 33 Was the Contract signed in due time? < select > 34 If No give reason why < type in details > PROCURING ENTITY DETAILS 35 Name of Authorised Officer < type in name > 36 Designation of Authorised Officer < type in name > < select > These fields in the website are “pop-up” fields and the procuring entity will only have to select the correct name, address or date in order to complete the form. < type in name / details > These fields are to be completed by typing in the relevant data.


APPENDIX F

Key Action Key Time Line Main Activity Approving Authority Optional Activity Notes

FLOW CHART : OPEN TENDERING METHODPr

ocur

emen

t Pl

anTe

nder

Pre

para

tion

Prepare Pre- qualification Document

Reg-23(1): a-dPre-qualification necessary

Prepare an official cost estimate of the object of Procurement Reg-31 (4a)

To be kept confidential for opening by TEC during evaluation

Yes

Prepare specification of object of Procurement Reg-13

Open Tendering Method stated in Procurement Plan Reg 16 (4)

Follow Open Tendering Method Reg. 21-36

Yes

No Discuss with HOPE or an

authorized officer

No

HOPE or an authorized

officer

Standard Pre- qualification

Document issued by the CPTU shall be used

Clarification of Pre-qualification Document needed

Receive and Evaluate Pre-qualification Documents

Reg. 23 (7) of the Procedure

Develop Tender Document on the basis of Standard Tender Documents (STDs)

Reg-25(1): a-m

Notify to Pre-qualified Applicants Reg-23(4)

STDs issued by the CPTU shall be used

Clarification on Pre-qualification Documents

Reg-23 (3)

No

Advertise Invitation for Tender Reg-21 (1) & (2)

Modify Tender DocumentReg-27 (1) & (2)

Receive Tenders Reg-29(1)

Open and Process Tenders Reg-30

Modification of Tender Document necessary

- TOC to be formed- Minutes to be taken - Opening in presence of at least one member of TEC - Open in one location- Check for Tender Security Reg. 28 & 29

Yes

No

Prepare Invitation for TenderReg-24(1) : a-f

Advertise Invitation for Pre-qualification

Reg-21 (1) & (2)

Modification of Tender Documents, if any

Send Invitation for Tender to Pre-qualified Tenderers

Minimum 28 days for National and 42 days for International

Prepare Invitation for Pre-qualification

Reg-22

Minimum 28 days

Tend

er Is

sue,

Rec

eipt

& P

roce

ss

- Use Standard Contract Form- No Negotiation is allowed Reg. 33

- Performance Security to be taken Reg. 36 (2)

If successful Tenderer fails to sign the Contract, select from

remaining responsive Tenderer

Reg. 36 (4)

Preserve the Record of Procurement Reg-9

Procure the object

Extend Tender Validity period Reg. 28 (3)

Extension of Tender validity period is necessary Reg-28(2)

Notify Award of Contract Reg-36(1) & (3)

Yes

No

Forfeit Tender Security is needed Reg-28(5)

Forfeit Tender SecurityReg. 28 (5)

Post-qualify the successful Tenderer Reg-34

Approve Contract AwardReg-35(1)

Yes

No

Examine and Evaluate Tender Reg-31

- As per Procurement Processing and Approval Procedure- Only one TEC will evaluate - Process to be confidential Reg. 32

Tend

er E

xam

inat

ion,

Eva

luat

ion

and

App

rova

l

As per Delegation of

Financial Powers


Financial Powers

Sign the Contract Reg-36(3)

Con

trac

t Man

agem

ent Within 21

days

Yes

0201a - Procedures PRINTED VERSION (Sep 2004) 121


Appendix G1

Key Action

Key Time Line Main Activity Approving Authority Optional Activity Notes

FLOW CHART : RESTRICTED TENDERING METHOD

Proc

urem

ent P

lan

Tend

er P

repa

ratio

n


Reg-25(1): a-m

Prepare an official cost estimate of the object of Procurement Reg31 (4a)

Prepare specification of object of Procurement Reg-13

Restricted Tendering Method (RTM) stated in Procurement Plan Reg. 16 (4)

Conditions of RTM as per Reg. 17 fulfilled

Yes

No Discuss with HOPE or an authorized

officer

HOPE or an authorized

officer

Prepare Invitation for Tender Reg-24(1) : a-f

Send Invitation to limited Suppliers/Enlisted qualified Tenderers

Open and process Tenders Reg-30

Receive Tenders Reg-29(1)

- TOC to be formed- Minutes to be taken - Opening in presence of at least one member of TEC - Open in one location - Check for Tender security Reg. 28 & 29


Post-qualify the successful Tenderer Reg-34

Approve Contract AwardReg-35 (1)

Examine and Evaluate Tender Reg-31 & 37

Minimum 14 days for

Goods and 21 days for

Works

Identify limited Suppliers/ Prepare a list of qualified potentialTenderers

Reg-12(7) and 37(1)&(2)

- Advertise annually to seek new potential Tenderers - Reassess enlisted Tenderers on annual basis

- As per procurement Processing and Approval Procedure - Only one TEC will evaluate - Process to be confidential Reg. 32

Tend

er Is

sue,

Rec

eipt

& P

roce

ssTe

nder

Exa

min

atio

n, E

valu

atio

n &

App

rova

l

Yes

Go for OTM or other methods as per

Chapter IV

Reasons to be stated and approval of the HOPE is required

Reg. 17 (1)

As per Delegation of Financial Powers

Extension of Tender validity period is necessary Reg. 28 (2)

Forfeit Tender Security is needed Reg. 28(5)

Extend Tender Validity Reg. 28 (3)

Forfeit Tender SecurityReg 28 (5)

Yes

Yes

No

No




If successful Tenderer fails to sign the contract, select

from remaining responsive Tenderer

Reg. 36 (4)

Sign the Contract Reg-36(3)

Con

trac

t Man

agem

ent

Within 21 days

Preserve the Record of Procurement Reg-9

Procure the object

No

To be kept confidential for opening by TEC during evaluation

Standard Tender Document issued by

the CPTU shall be used

Selection should be in a non-discriminatory manner and number

should be sufficient to ensure effective

competition Reg. 37 (1) & (2)



Appendix G2

Key Action

Key Time Table Main Activity Approving Authority Optional Activity Notes

FLOW CHART: DIRECT PROCUREMENT METHODPr

ocur

emen

t Pla

nTe

nder

Pre

para

tion

Tend

er E

xam

inat

ion,

Eva

luat

ion

and

App

rova

lC

ontr

act M

anag

emen

t


Chapter IV

Give purchase order & procure the object

Conditions of DPM as per Reg. 18 fulfilled

No

Prepare detail specification of object of Procurement and identify sole Contractor or

Supplier Reg. 13 & Reg. 18


Reg. 25(1): a-m

Conditions of Reg. 18(2) present Yes

No

Reasons to be stated & approval of the HOPE

is required Reg. 18 (1)

Direct Procurement Method (DPM) stated in Procurement Plan Reg. 16 (4)

No Discuss with HOPE or an authorized officer

Yes

Yes

Give the work order/purchase order Use Standard Contract Form

Sign the Contract Reg. 36 (3)

Yes

Procure the object

Approve Contratc Award Reg. 35 (1)

Yes


chapter IV


Chapter IVNo

Receive, Examine & Evaluate Tenders Reg. 31 & 38(2)

Review

Negotiate with Tenderer as per Reg. 38(1) except the condition of Reg. 18(1i)

Standard Tender Document issued by the

CPTU shall be used


Financial Powers

As per Delegation of Financial

Powers

Preserve the Record of Procurement Reg. 9


No

No



Appendix G3

Key Action


FIRSTSTAGE

SECONDSTAGE

FLOW CHART: TWO STAGE TENDERING METHODPr

ocur

emen

t Pl

anTe

nder

Pre

para

tion

Tend

er O

peni

ng &

Ev

alua

tion

Tend

er A

djus

tmen

t

Conditions of TSTM as per Reg. 19 fulfilled

Technical Sub-Committee may be

required as per Procedure on

Reg.31(1)

Consultation be confidential and not be disclosed to competing

Tenderers

Retain responsive Tenders Reg. 39 (2)

TEC consult with each responsive Tenderer on any aspect of the proposal except price

TEC prepare individual Minutes of Tender Adjustment

should be kept confidential

Approved Tender Adjustment should be signed by all members of TEC

Approve Minutes of Tender Adjustment

Yes

Reject all TendersReg. 14

No responsive Tender

Two Stage Tendering Method (TSTM) stated in Procurement Plan Reg. 16(4)

Yes

No Discuss with HOPE or an

authorized officer

Yes

PrepareTender Document on the basis of Conceptual design and/or stipulated performance

specification using (STDs) Reg. 25(1): a-m

STDs issued by the CPTU shall be used

Advertise for unpriced technical proposals Reg-21(1) &(2)

Receive, Open and Process un-priced Tenders Reg-29(1) & 39 (2) and Reg. 30 & 39(2)

Prepare Invitation for TenderReg-24(1) : a-f & Reg. 39 (1)

Minimum 28 days for

NOTM & 42 days for

IOTM

Examine and Evaluate Tenders Reg.31 & 39 (2)

- TOC to be formed- Minutes to be taken - Opening in presence of at least one member of TEC - Open in one location- No Tender security is required



Financial Powers


Financial Powers

Go for OTM or other methods as

per Chapter IV

ReviewIndividual Minutes of

Tender adjustment sent to respective responsive

Tenderers

No

Fina

l Ten

der

Prep

arat

ion

Tend

er E

xam

inat

ion,

Eva

luat

ion

and

App

rova

l C

ontr

act M

anag

emen

t

Distribute Tender Document to all responsive Tenderers to submit 'best & final' Tender

Reg. 39(3)

Modify final Tender Document based on 'Minutes of Tender Adjustment' Reg. 39 (3)

Should be specific with detail specification & evaluation criteria STDs issued by CPTU shall be used

Receive Tenders Reg. 29 (1) Priced ' best and final' Tenders

Open and Process Tenderers Reg. 30No responsive Tenders

Examine and Evaluate Tenders Reg. 31

Post-qualify the successful Tendere Reg. 34

Review Tender Documents and / or go for retender

under Reg.14

Yes

No

Approve Contract Award Reg. 35(1)

Contractor/Supplier accept the offer

Yes

Repeat the process to next

lowest l t d


Financial Powers

- TOC to be formed- Minutes to be taken - Opening in presence of at least one member of TEC - Open in one location- Check for Tender Security Reg. 28 & 29



Sign the Contract Reg. 36 (3)

Yes

Procure the object

Preserve the Record of ProcurementReg. 9

Queries


Financial Powers





Appendix G4

Key Action


FLOW CHART: REQUEST FOR QUOTATION METHODPr

ocur

emen

t Pla

nPr

epar

e Q

uota

tion

Quo

tatio

n Ev

alua

tion

Con

trac

t Man

agem

ent

Receive priced Quotation Reg. 40 (1) & (2)

Send Quotations to prospective Tenderers Reg. 40 (1) & (2)

Request at least 5 Tenderers Reg. 40 (1)If less than 3

Quotation varify with others Reg. 40 (3)

Prepare Quotation with details on quality, quantity and delivery time Reg. 40(1)

1 to 2 weeks

Examine & Evaluate Quotations Reg. 31 & 40 (4)

Recommend lowest evaluated Tender along with comparative statements

Give the purchase order or work order Go for OTM or other

methods as per Chapter IV

Tenderer confirm purchase order in writing

Yes

Procure the object

Approve Contract Award Reg. 35 (1)

Yes

No

No

Repeat with Second lowest Tenderer


Chapter IV

Conditions of RFQM as per Reg. 20 fulfilled NoReasons to be stated &

approval of the HOPE is required Reg. 20 (1)

Request for Quotation Method (RFQM) stated in Procurement Plan Reg. 16 (4)

No Discuss with HOPE or an authorised officer

Yes

Yes

Standard Quotation Document issued by the

CPTU shall be used

Preserve the Record of Procurement Reg. 9




Queries




Appendix H: Employment of Consultants 1. Appointment of Consultants, local or international at times is a crucial element in the

project cycle. International Consultants bring with them the unique knowledge and expertise not available in Bangladesh. Similarly national Consultants are well conversant with the socio-economic conditions and local administrative culture and practices. Depending on the nature of project, combination of both local and international Consultants in implementing any project or activity can be more useful and effective. A project may not be ready for financing without Consultant’s services. An aid agreement may not be effective till a Consultant is in place. A tender document may not be issued or even prepared without a Consultant. A system may not be introduced or reformed without the services of Consultant. At the conceptual or project preparation stage it is to be thoroughly scrutinized to identify the areas where the services of the Consultant is necessary if the technology involved is complex and not locally available and the concerned agency has no experience. Therefore, where it is considered expedient that the service of a Consultant is required, appointment of local or international Consultants should be considered. However, the Procuring Entities should be selective in appointment of Consultants. International Consultants may be appointed when local expertise is not available. While using international Consultants arrangements should be made to ensure a mechanism for transfer of technology or expertise. Human resources development should form an integral part of use of Consultants in any technical assistance programme.

2. Consultants are generally appointed for the following purposes:

(a) Pre-investment Studies: These comprise the investigations that normally precede decisions to go forward with specific projects. These studies determine the investment needs and the type of interventions needed to attain the desired goal. These include identification of priority area of investment, need for policy adjustment, feasibility studies for project or programme, improvement of existing management practices etc.

(b) Preparation Services: These comprise the technical, economic or other assignment required to fully define a project and prepare it for implementation. These services normally include the preparation of a project, collection of relevant documents information and data, setting objectives, identifying activities for attaining objectives, requirement of physical and financial resources, preparation of procurement documents for goods, works and services etc.

(c) Implementation Services: These relate to actual implementation of the activities using resources already identified during preparation phase. Implementation shall follow the time chart already worked out and revised from time to time. Implementation may be of the nature of construction of a complex road, building or a bridge, procurement and installation of goods and equipment. It may be of the nature of reforming a system in order to improve efficiency and ensure better performance. This involves supervision, management, inspection and providing necessary technical services. This phase renders the planned activities into reality and makes the project functional.

(d) Technical Assistance: These comprise a wide range of intellectual and professional services along with other support service, such as development and sector planning and institution building, including organization and management (O&M) studies, staffing requirement and training needs and assistance in the implementation of study recommendations.

3. Technical Assistance Projects have a clearly stated policy to build local capacity in course of execution of the projects. The objective is to facilitate transfer of knowledge



and technology through the interaction between international and local Consultants during the implementation of the project.

4. For each position created in consulting service appropriate attention should be made to compatible international/ local positions. International Consultants can be of any national of eligible countries including Bangladesh.

Association of Consultants with International & Local Consulting Firms: 5. For development projects implemented in Bangladesh by the GOB with the support

of development partners, may require the engagement of international consulting firms. Each international consulting firm is encouraged to seek participation and obtain full range of expertise by associating with local consulting firm(s) or entities in a joint venture or sub-consultancy, as appropriate. In the case of a joint venture or consortium or association (JVCA) of firms, all firms/ entities shall sign the contract and shall be jointly and severally liable for the entire Consultants’ obligations under the contract. In such JVCA, they will designate a firm/ entity as Member-in-Charge to act on their behalf in exercising the entire Consultants’ rights and obligations under the contract. In the case of sub-consultancy, the Lead firm shall sign the contract and shall be liable for the entire Consultants’ obligations under the contract.

6. International consulting firms may have international Consultants in their payroll and are entitled to apply their Fees/Charges on the international Consultants. International consulting firms can apply Fees/Charges for the local Consultants provided they are recruited as their Consultant. The local consulting firms will have local Consultants in their payroll and are entitled to apply their Fees/Charges on the local Consultants working for them. If a Bangladeshi firm decides to participate in an international competitive tendering as an international firm, it may use the services of both international and local Consultants and is entitled to apply Fees/Charges for both categories of Consultants.

7. In a joint participation of international and local consulting firms under international competitive tendering, members will mutually decide the payroll arrangements. Bangladeshi International Consultants (individuals) may also opt for working with the local consulting firms at international rates.

Billing Rates and Modus Operandi: 8. Billing rates shall be calculated on staff-month basis. The billing rates of consulting

firms usually consist of staff remuneration, social charges, overhead charges, and the Consultant’s fee.

9. The billing rate will vary depending on the nature of the consulting firm. As guidance, an example of typical billing rate calculation is provided below:

Item Component International/ National Firm

1 Staff Remuneration

2 Social Charges 15-40% of Remuneration

3 Overhead 60-100% of Remuneration

4 Consultant’s Fee 10-15% of (1+2+3)



Appendix I: Employment of Bangladeshi Nationals as individual Consultants 1. Employment of Bangladeshi nationals as Consultants: All Ministries, Divisions and

Government agencies including local authorities shall employ Bangladeshi nationals as Consultants, in foreign aided projects under their execution.

2. Eligibility for applying for the posts of Consultants : (a) Any Bangladeshi national including persons in the service of the Republic or

the local authorities/corporations may, if he/she is qualified for any post of Consultant, apply for the post.

(b) No person who has been convicted by any Court of Law or dismissed from services for misconduct shall be eligible for consideration for appointment to a post.

(c) Normally no person above the age of 65 years shall be eligible. However for special reasons and having regard to the particular expertise and skill needed person above 65 years can be appointed.

3. Educational qualifications and experiences :

(a) Broadly, the Bangladeshi Consultants shall be divided into three main groups, namely:

(i) Junior Consultant

(ii) Consultant

(iii) Senior Consultant.

(b) A guideline for educational qualifications and experiences of the local Consultants is provided below, however, educational qualifications and experience will vary according to the nature and scope of assignment and a Procuring Entity, taking this into account, will specify the requirements. Preference should be given to a person with intellectual and professional knowledge and skill for the required service: (i) Junior Consultant: (i) Bachelor/ Masters degree or an equivalent

(mention one depending on the type of assignment) for the following fields- medical/ engineering/ agriculture; and (ii) Masters degree or equivalent for other fields, with at least five (5) years of professional experience in the relevant field of assignment.

(ii) Consultant: (i) Bachelor/ Masters degree or an equivalent (mention

one depending on the type of assignment) for the following fields: medical / engineering / agriculture; and (ii) Masters degree or equivalent for other fields, with at least ten (10) years experience in the relevant field of assignment with comprehensive intellectual and professional knowledge and skill.

(iii) Senior Consultant: (i) Bachelor/ Masters degree or an equivalent

(mention one depending on the type of assignment) for the following fields- medical/ engineering/ agriculture; and (ii) Masters degree or equivalent for other fields, with at least fifteen (15) years experience in the relevant field of assignment with high level of intellectual and



professional knowledge and skill Experience may be relaxed in the case of highly qualified person depending on the field of assignment.

4. Fee:

For an assignment, the local Consultants’ payments will be in commensurate with the qualification and expertise depending on the field of assignment. A guideline for fees is provided below at the current market price, which may require updating from time to time depending on the competitors in the labour market:

Grade/ Group Monthly- Minimum Entry Fee (Tk.)

Monthly- Maximum Entry Fee (Tk.)

Junior Consultant 40,000 60,000

Consultant 75,000 150,000

Senior Consultant 120,000 300,000

5. Advertisement procedure:

(a) Advertisement shall be made in accordance with Regulation 21 of the Public Procurement Regulations 2003 stating clearly the name of the post, brief job description, tenure of employment, required educational qualifications, experience, age limit (or relaxation, if any) and time for receiving applications. However, for hiring individual local Consultant the time for the submission of applications may be reduced to two weeks.

(b) (Persons who are already in employment shall send application through proper channel, otherwise they shall not be considered for appointment.



Appendix J: Terms and Conditions of Employment of Government Servants and Employees of Local Authority.

(1) The following terms and conditions of employment as local Consultants shall apply to

Government officials and civil servants including persons of autonomous bodies or corporations, namely;

(a) The person (i) will be on leave of absence without pay; (ii) is not being hired by the agency if he/she was working for immediately before going on leave; and (iii) his/her employment will not give rise to any conflict of interest.

(b) On completion of his/her service on lien he/she shall be allowed seven day’s time to join the post from which he/she was sent on lien and for these seven days, he/she shall be allowed his/her usual salaries and allowances of the post he/she joins. After assuming duties of the post of a Consultant, he/she shall inform in writing his/her parent Ministry, Division, or government agency

(c) All expenses in connection with his/her joining as Consultant to any organization / project and his/her return to join his/her parent department / organisation on completion of his/her lien period shall be borne by the employer (organization using the services as Consultant).

(d) During the period of this deputation the Consultant:

(i) shall be entitled to get his/her fees and allowance, leave, medical benefits, etc. from the employer that employs him/her as local Consultant as per its terms and conditions of employment;

(ii) shall not be entitled to any salary, leave salary, special pay, technical pay or any other allowances from his/her original employer (Government of Bangladesh parent organization)

(iii) shall be liable to pay to his/her original employer (Government of Bangladesh parent organization) in time all his/her debts and dues, such as, subscription or contributions to provident and pension funds, house building advances, car advances, subscription to benevolent fund and group insurance;

(iv) shall not be entitled to any medical allowance or other facilities for any member of his/her family from his/her original employer;

(v) shall be allowed to reside in the government accommodation, if allotted to him/her for a period not exceeding one year and, for that period, he/she shall be liable to pay standard rent fixed by original employer and pay all utility and other charges in accordance with standing rules, orders and instructions of the original employer.

(vi) provided that, he/she resides in a government accommodation, he/she may reside there for such further period as the Government may allow and he/she shall be liable to pay besides the standard rent all other dues in accordance with the rules of the Government;

(vii) shall bear subject to government rules all charges in connection with the telephone, if any provided to him/her by his/her original employer;

(viii) shall not be entitled to any transport facility, if any, provided to him/her by his/her original employer;



(ix) shall obtain prior approval with respect to any change in the terms and conditions of his/her service which effect any provisions of this paragraph from the Ministry of Establishment and the concerned Ministry, Division or Government agency from where he/she went on lien.

(x) shall not join in any other project other than the one to which he/she has been sent on lien without the prior permission of his/her head of the organisation.

(xi) shall be liable to pay the amount of VAT deducted at source for consultancy service as per VAT Act and Rules.

(e) The period of lien if necessary, may be extended with the permission of the appropriate authority following standing rules and orders Government/ other organisation.

(2) The conditions mentioned in sub paragraph (1) shall apply mutatis mutandis to an employee of a local authority.

(3) Permission:

(a) Subject to standing rules and orders concerned Ministry, Division or Government Agency may accord permission to an employee if the period of lien does not exceed three months provided that the concerned Ministry, Division or Government Agency shall intimate the fact of lien to the Ministry of Establishment, and if the officer belongs to a service to the Ministry or Division which is responsible for administration of the his/her service.

(b) If the period of lien exceeds three months, permission of the Ministry of Establishment and, in case the employee concerned belongs to a service, permission to the Ministry or Division concerned shall be obtained.

(c) Any employee of a local authority shall obtain permission for joining as local Consultant from the head of the concerned local authority.


Appendix K1

Key Action

Key Time Table Main Activity Approval Optional Activity Notes

FLOW CHART: PROCUREMENT OF SERVICES QCBS SUB-METHOD

Finalise TOR (Reg-46)

Finalise Cost Estimate and Budget (Reg-46)

Call for Expressions of Interest (EOI) (Reg-44)

Prepare Shortlist(Reg-45)

Receipt of EOI

Evaluate EOI by PEC(Reg-45)

Receipt of EOI

If suitable proposal is again less than

four (4)

Review the assignment and found correct

Amend the assignment or associated EOI

Re-advertise

Prepare Shortlist

Finalise Shortlist

If shortlist is less than four (4)

Properly advertised

Prepare RFP & Define Evaluation criteria and

Minimum Qualilfying Mark (MQM) (Reg-46)

Yes

Yes

No

Finalise Shortlist (Reg-45)

Approval by Head of a Procuring Entity or an officer authorized by him/her or an approving authority under the Delegation of Financial Powers

Send RFP to the short listed consultants(Reg-46)

Receive proposals from consultants (Reg-48)

Evaluate Technical Proposal by PEC (Reg-48)

Approval by Head of Procuring Entity or an officer authorized by him/her or an approving authority under the Delegation of Financial Powers

Public Opening of Financial Proposals of Technical

Proposals > MQM (Reg-48)

Evaluate Financial Proposal by PEC (Reg-48)

Determine Combined Evaluation (Reg-48)

Negotiate with Highest Scoring (combined)

Proposal (Reg-49)

YesContract Sign (Reg-49)

Invite the next highest ranked consultant and so on

No

At least 14 days to submit written interest

Time to prepare not less than 28

days and in case of involving foreign

firms not less than 42 days (Reg-46)

Format as per Appendix-D of

Procedure

Minutes of the public opening must be distributed to all shortlisted consultants

Not less than four (4) Not more than seven

(7)

All applicants Participating in the EOI must be informed whether or not they have been short-listed by the Procuring Entity

Follow standard RFP, issued by CPTU

Shor

t lis

ting

Prop

osal

, Ev

alua

tion,

App

rova

l and

Con

trac

t Aw

ard

To be kept confidential

No


Prep

arat

ion



Appendix K2

Key Action Key Time Table Main Activity Approval Optional Activity Notes

FLOW CHART: PROCUREMENT OF SERVICES SFB SUB-METHOD





Receipt of EOI


Receipt of EOI


four (4)



Re-advertise

Prepare Shortlist

Finalise Shortlist


Properly advertised



Yes

Yes

No







Public Opening of Financial Proposals (Reg-48)


Reject Proposals Whose Eval. Price Exceeds budget

(Reg-48)

Negotiate with Highest Ranking Technical Proposal

(Reg-49)

Yes

Contract Sign (Reg-49)


No






Procedure

Minutes of the public opening must be distributed to all shortlisted consultants


(7)



Shor

t lis

ting

Prop

osal

, Ev

alua

tion,

App

rova

l and

Con

trac

t Aw

ard


No


Prep

arat

ion



Appendix K3

Key Action

Key Time Table Main Activity Approval Optional Activity Notes

FLOW CHART: PROCUREMENT OF SERVICES LCS SUB-METHOD





Receipt of EOI


Receipt of EOI


four (4)



Re-advertise

Prepare Shortlist

Finalise Shortlist


Properly advertised



Yes

Yes

No







Public Opening of Financial Proposals of Technical

Proposals > MQM (Reg-48)


Negotiate with Lowest Eval. Price Proposal

(Reg-49)

YesContract Sign (Reg-49)


No






Procedure

Minutes of the public opening must be distributed to all consultants


(7)



Shor

t lis

ting

Prop

osal

, Ev

alua

tion,

App

rova

l and

Con

trac

t Aw

ard


No


Prep

arat

ion



Appendix K4FLOW CHART: PROCUREMENT OF SERVICES SSS SUB-METHOD

Finalise TOR

Finalise Cost Estimate and Budget

Prepare RFP

Issue RFP

Receive proposals from consultant

Evaluate and Negotiate with the Consultant

Approval by Head of Procuring Entity or an officer authorized by him/her or an

approving authority under the DFP

Contract Award

Start the Assignment

Prep

arat

ion

Prop

osal

, Ev

alua

tion,

App

rova

l and

Con

trac

t Aw

ard



Appendix LAction Authority Main Activity Outcome Result

FLOW CHART: LODGING COMPLAINTS & APPEALS

TO REVIEW PANEL

Right to Complain [Reg 50 (1)]

Is There Any Basis of Complaint? [Reg 50 (2)]

Has the Contract Entered into Force? [Reg 50 (3)]

Rig

ht to

Com

plai

nA

dmin

istr

ativ

e R

evie

w

Proc

urin

g En

tity

Hea

d of

the

Proc

urin

g En

tity

Has the Complaint Received by the PE Within7 Cal. Days? [Reg 51 (1)]

Has the Decision of the PE Received by the Tenderer

Within 5 W. Days?[Reg51(2)]

Has the Complaint submited Within 3 W. Days

to HOPE? [Reg 51 (3) &

No

Yes

Is the Head of Procuring Entity Eligible to Accept

Complaint? [Reg 51 (4)(b)]No

Yes

YesHas the Decision Receivedby the Tenderer Within 5 W. Days? [Reg 51 (4)(b)]

Has the Complaint submitted within 3 W. Days to Secretary?[Reg 51 (5)&(8)]

Yes

Has the Decision of the Secreta-ry Received by the Tenderer

Within 7 W. Days? [Reg 51 (6)]

Yes

No

Yes

No

Yes

HOPE to Send Within 3 W. Days to the Secretary

[Reg 51 (4)(a)]

Is the Tenderer Satisfied?

Reject Complain Take no Further Action

Tenderer shall submit Appeal Directly to RP [Reg 50 (4)]

Take no Further Action

Take on Further Action

HOPE to advice the Tenderer [Reg. 51 (4)(a)]

Yes

No

Note : RP = Review Panel PE = Procuring Entity HOPE = Head of the Procuring Entity Cal. Days = Calendar day W. Days = Working days

Secr

etar

y

No

Yes

No

Is the Tenderer Satisfied? [Reg 51(5)]

No

Yes

Is the Tenderer Satisfied? [Reg 51(7)]

No

Yes Take no Further Action Copy to PE and CPTU

Has the Complaint submitted to the Review Panel within 7 W. Days? [Reg 53 (1) & 53

(3)]

Is the Decision for Award has been made by the

CCGP?[Reg 53 (2)]

No

Yes

No



Is the Complaint Accompa-nied by Documents and

Registration Fees? [Reg53 (3a,3c)]

CPTU Selects & Submits to Review Panel within 5 W.Days

[Reg 53 (4)]

No

YesAdvise Tenderer/

Advise PE [Reg. 54 (2)]

No

Yes

Review Panel Determines Working Procedure [Reg

53(5)]

Is the Complaint Conside-rerd Frivolous? [Reg 53 (6)]

Review Panel to Consider and Issue Decisions Within 12 W.

Days to the Tenderer [Reg.53 (7)]

Decision of the RP is Final[Reg 53 (8)]

RP may Reject Complaint and Forfeit Registration

Fee [Reg. 53 (6)]Take no Further Action

Copy to Secretary, PE & CPTU

Rev

iew

Pan

el

No Reject Complain Take no Further Action


Yes


Complaint to be submitted through CPTU

Reject Complain

Reject Complain

Decision Published Tenderer's Acceptance Action by Procuring Entity

Rev

iew

Pan

el

Note : When a Complaint is being considered at any level, the tender examination, evaluation and appraval process will continue, but Notification of Award shall not be issued until final decision on complaint has been received or the tenderer does not pursue the complaint at higher administrative levels or Review Panel [Regulation 54 (1)]
