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TENDER DOCUMENT
FOR THE PROCUREMENT OF
ELECTRICAL EQUIPMENT AND RDBMS FOR BRANCH COMPUTERIZATION OF JANATA BANK LIMITED ON TURN KEY BASIS.Invitation for Tender No: JBL/ITSD/OTM-01/371-Br-RDBMS, UPS/11
Issued on: 12-07-2011
Tender Document Issued To: ......
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Date: ......
Table of Contents
Section 1. Instructions to Tenderers 6
A. General 6
1. Scope of Tender 6
2. Interpretation 6
3. Source of Funds 6
4. Corrupt, Fraudulent, Collusive or Coercive Practices 7
5. Eligible Tenderers 8
6. Eligible Goods and Related Services 9
7. Site Visit 9
B. Tender Document 9
8. Tender Document: General 9
9. Clarification of Tender Documents 10
10. Pre-Tender Meeting 10
11. Addendum to Tender Documents 11
C. Qualification Criteria 12
12. General Criteria 12
13. Litigation History 12
14. Experience Criteria 12
15. Financial Criteria 13
16. Appointment of Subcontractor 13
D. Tender Preparation 13
17. Only One Tender 13
18. Cost of Tendering 14
19. Issuance and Sale of Tender Document 14
20. Language of Tender 14
21. Contents of Tender 14
22. Alternatives 16
23. Tender Prices, Discounts and Price adjustment 16
24. Tender Currency 17
25. Documents Establishing the Conformity of the Goods and Related services 17
26. Documents Establishing Qualifications of the Tenderer 17
27. Validity Period of Tender 18
28. Extension of Tender Validity and Tender Security 18
29. Tender Security 19
30. Form of Tender security 19
31. Authenticity of Tender Security 19
32. Return of Tender Security 20
33. Forfeiture of Tender Security 20
34. Format and Signing of Tender 20
E. Tender Submission 21
35. Sealing, Marking and Submission of Tende 21
36. Deadline for Submission of tenders 22
37. Late tender 22
38. Modification, Substitution or Withdrawal of Tenders 22
39. Tender Modification 23
40. Tender Substitution 23
41. Withdrawal of Tender 23
F. Tender Opening and Evaluation 23
42. Tender Opening 23
43. Evaluation of Tenders 25
44. Evaluation process 25
45. Preliminary Examination 25
46. Technical Examinations and Responsiveness 26
47. Clarification on Tender 28
48. Restrictions on the Disclosure of Information Relating to the Procurement Process 28
49. Correction of Arithmetical Errors 29
50. Financial Evaluation 29
51. Assessing the Price of Unpriced Items 30
52. Price Comparison 30
53. Negotiation 31
54. Post-qualification 31
55. Rejection of All Tenders 32
56. Informing Reasons for Rejection 33
G. Contract Award 33
57. Award Criteria 33
58. Procuring Entity’s Right to Vary Quantities 33
59. Notification of Award 33
60. Performance Security 34
61. Form and Time Limit for furnishing of Performance security 34
62. Validity of Performance Security 34
63. Authenticity of performance Security 35
64. Contract Signing 35
65. Publication of Notification of Award of Contract 35
66. Debriefing of Tenderers 35
67. Right to Complain 36
Section 2. Tender Data Sheet 37
A. General 37
B. Tender Document 37
C. Qualification Criteria 38
D. Preparation of Tender 39
E. Submission of Tender 41
F. Opening and Evaluation of Tenders 42
G. Award of Contract 42
Section 3. General Conditions of Contract 44
1. Definitions 44
2. Contract Documents 45
3. Corrupt, Fraudulent, Collusive or Coercive Practices 45
4. Interpretation 46
5. Documents Forming the Contract and the order of precedence 47
6. Eligibility 47
7. Governing Language 47
8. Governing Law 47
9. No fees/Gratuities 47
10. Use of Contract Documents and Information 48
11. Communications and Notices 48
12. Trademark, Patent and Intellectual Property Rights 48
13. Copyright 48
14. Assignment of Rights 48
15. Sub contracting 48
16. Supplier’s Responsibilities 49
17. Procuring Entity’s Responsibilities 49
18. Scope of Supply 49
19. Amendment to Order 49
20. Instances When Amendment to Order May be Issued 50
21. Adjustments in Contract Price and/or Delivery Schedule in Amendment to Order 50
22. Packing and Documents 50
23. Delivery and Documents 51
24. Acceptance 51
25. Contract Price 51
26. Transportation 51
27. Terms of Payment 51
28. Insurance 52
29. Taxes and Duties 52
30. Performance Security 52
31. Specifications and Standards 52
32. Inspections and Tests 53
33. Warranty 54
34. Delays in Delivery and Extensions of Time 55
35. Liquidated Damages 55
36. Limitation of Liability 55
37. Change in Laws and Regulations 56
38. Definition of Force Majeure 56
39. Notice of Force Majeure 56
40. Duty to Minimise Delay 57
41. Consequences of Force Majeure 57
42. Termination for Default 57
43. Termination for insolvency 58
44. Termination for Convenience 58
45. Procedures for Termination of Contracts 59
46. Contract Amendment 60
47. Settlement of Disputes 60
Section 4. Particular Conditions of Contract 62
Section 5. Tender and Contract Forms 65
Tender Submission Letter (Form PG3 – 1) 66
Tenderer Information Sheet (Form PG3-2) 69
Price Schedule for Goods (Form PG3-3A) 71
Price Schedule for Call basis Maintenance Services (Form PG3-3B) (For Lot-3 and Lot-4) 72
Specifications Submission and Compliance Sheet (Form PG3-4) 73
Manufacturer’s Authorisation Letter (Form PG3 - 5) 74
Bank Guarantee for Tender Security (Form PG3 – 6) 75
Notification of Award (Form PG3 - 7) 77
Contract Agreement (Form PG3 - 8) 78
Bank Guarantee for Performance Security (Form PG3 – 9) 79
Section 6. Schedule of Requirements 80
Section 7. Technical Specifications 82
1
Section 1. Instructions to Tenderers
A. General
1. Scope of Tender / 1.1 The PROCURING ENTITY named in the Tender Data Sheet (TDS) (hereinafter referred to as the “PROCURING ENTITY”) wishes to issues these Tender Documents for the supply of Goods, and Related Services incidental thereto, as specified in the TDS and as detailed in Section 6: Schedule of Requirements./ 1.2 The name of the Tender and the number and identification of its constituent lot(s) are stated in the TDS.
/ 1.3 The successful Tenderer will be required to complete the delivery of the goods and related services (when applicable) as specified in the GCC Clause 18.
2. Interpretation / 2.1 Throughout this Tender Document
(a) the term “in writing” means communication written by hand or machine duly signed and includes properly authenticated messages by facsimile or electronic mail;
(b) if the context so requires, singular means plural and vice versa; and
(c) “day” means calendar days unless otherwise specified as working days;
(d) "Tender Document ", means the Document provided by a Procuring Entity to a Tenderer as a basis for preparation of its Tender;
(e) "Tender ", depending on the context, means a Tender submitted by a Tenderer for delivery of Goods and Related Services to a Procuring Entity in response to an Invitation for Tender ;
3. Source of Funds / 3.1 The Procuring Entity has been allocated public funds from the source as indicated in the TDS and intends to apply a portion of the funds to eligible payments under the contract for which this Tender Document is issued.
3.2 For the purpose of this provision, “public funds” means any funds allocated to a Procuring Entity under Government budget, or loan, grants and credits placed at the disposal of a Procuring Entity through the Government by the development partners or foreign states or organizations.
3.3 Payments by the development partner, if so indicated in the TDS, will be made only at the request of the Government and upon approval by the development partner in accordance with the applicable Loan/Credit/Grant Agreement, and will be subject in all respects to the terms and conditions of that Agreement.
4. Corrupt, Fraudulent, Collusive or Coercive Practices / 4.1 The Government requires that Procuring Entities, as well as Tenderers shall observe the highest standard of ethics during implementation of procurement proceedings and the execution of Contracts under public funds.
4.2 The Government requires that Procuring Entities, as well as Tenderers and Suppliers shall, during the Procurement proceedings and the execution of Contracts under public funds, ensure-
(a) strict compliance with the provisions of Section 64 of the Public Procurement Act 2006 (Act 24 of 2006);
(b) abiding by the code of ethics as mentioned in the Rule127 of the Public Procurement Rules, 2008;
(c) that neither it’s any officer nor any staff or any other agents or intermediaries working on its behalf engages in any practice as detailed in ITT Sub Clause 4.3.
4.3 For the purposes of ITT Sub-clause 4.2 the terms set forth as bellows:
(a) corrupt practice means offering, giving or promising to give, receiving, or soliciting, 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; employment 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 means the misrepresentation or omission of facts in order to influence a decision to be taken in a Procurement proceeding or Contract execution;
(c) collusive practice means a scheme or arrangement between two (2) or more Persons, with or without the knowledge of the Procuring Entity, that is designed to arbitrarily reduce the number of Tenders submitted or fix Tender prices at artificial, non competitive levels, thereby denying a Procuring Entity the benefits of competitive price arising from genuine and open competition; or
(d) coercive practice means harming or threatening to harm, directly or indirectly, Persons or their property to influence a decision to be taken in a Procurement proceeding or the execution of a Contract, and this will include creating obstructions in the normal submission process used for Tenders.
4.4 Should any corrupt, fraudulent, collusive or coercive practice of any kind come to the knowledge of the Procuring Entity, it will, in the first place, allow the Tenderer to provide an explanation and shall, take actions only when a satisfactory explanation is not received. Such exclusion and the reasons thereof, shall be recorded in the record of the procurement proceedings and promptly communicated to the Tenderer concerned. Any communications between the Tenderer and the Procuring Entity related to matters of alleged fraud or corruption shall be in writing.
4.5 If corrupt, fraudulent, collusive or coercive practices of any kind determined by the Procuring Entity against any Tenderer alleged to have carried out such practices, the Procuring Entity shall -
(a) exclude the concerned Tenderer from further participation in the particular Procurement proceeding; or
(b) reject any recommendation for award that had been proposed for that concerned Tenderer or;
(c) declare, at its discretion, the concerned Tenderer to be ineligible to participate in further Procurement proceedings, either indefinitely or for a specific period of time.
4.6 The Tenderer shall be aware of the provisions on corruption, fraudulence, collusion and coercion in Section 64 of the Public Procurement Act, 2006 and Rule 127 of the Public Procurement Rules, 2008 and others as stated in GCC Clause 3.
5. Eligible Tenderers /
5.1 This Invitation for Tender is open to eligible Tenderers from all countries, except for any specified in the TDS. A Tenderer will be eligible if it is a citizen, or is constituted, registered and operates in conformity with the provisions of the laws of that country.
5.2 A Tenderer may be a physical or juridical individual or body of individuals, or company, association invited to take part in public procurement or seeking to be so invited or submitting a Tender in response to an Invitation for Tender.
5.3 Government-owned enterprises in Bangladesh shall be eligible only if they can establish that they (i) are legally and financially autonomous, (ii) operate under commercial law, and (iii) are not a dependent agency of the Procuring Entity.
5.4 The Tenderer shall have the legal capacity to enter into the Contract.
5.5 Tenderers and all parties constituting the Tenderer shall not have a conflict of interest pursuant to Rule 55 of the Public Procurement Rules, 2008.
5.6 The Tenderer in its own name or its other names or also in the case of its Persons in different names, shall not be under a declaration of ineligibility for corrupt, fraudulent, collusive or coercive practices as stated under ITT Sub Clause 4.3.
5.7 Tenderers are not restrained or barred from participating in public Procurement on grounds of execution of defective supply in the past under any Contract.
5.8 The Tenderer shall not be insolvent, be in receivership, be bankrupt, be in the process of bankruptcy, be not temporarily barred from undertaking business and it shall not be the subject of legal proceedings for any of the foregoing.
5.9 The Tenderer shall have fulfilled its obligations to pay taxes and social security contributions under the provisions of laws and regulations of the country of its origin.
5.10 Tenderers shall provide such evidence of their continued eligibility satisfactory to the Procuring Entity, as the Procuring Entity will reasonably request.
5.11 These requirements for eligibility will extend, as applicable, to Sub-contractor proposed by the Tenderer.
6. Eligible Goods and Related Services / 6.1 All goods and related services to be supplied under the contract are eligible, unless their origin is from a country specified in the TDS.6.2 For purposes of this Clause, the term “goods” includes commodities, raw material, machinery, equipment, and industrial plants; and “related services” includes services such as insurance, transportation, installation, and commissioning, training, and initial maintenance.
6.3 For purposes of this clause, “origin” means the country where the goods have been mined, grown, cultivated, produced, manufactured or processed; or through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its components.
6.4 The origin of goods and services is distinct from the nationality of the Tenderer. The nationality of the firm that produces, assembles, distributes, or sells the goods shall not determine their origin.