Section 2.

Tender Data Sheet

Instruction for completing the Tender Data Sheet are provided, as needed, in the notes in italics
mentioned for the relevant ITT clauses. :
ITT Clause Amendments of, and Supplements to, Clauses in the Instructions to
Tenderers

A.
ITT 1.1

General

The Purchaser is Bangladesh Railway represented by Controller of

Stores/Project, Bangladesh Railway, Chittagong.
The name of the Tender is: Procurement, Installation & Commissioning of 48
items Plants, Machinery and Equipment.
The number and identification of lots comprising the Tender are: Single Lot.

ITT 2.1

The procurement against this tender is governed by Public Procurement Rules

2008. If there is any contradiction between Public Procurement Rules 2008 and
any conditions of the tender document, the Public Procurement Rules 2008 shall
prevail.
The source of public fund is GOB (JDCF).

ITT 2.3

The name of the Development Partner is : None.

ITT 4.1

Tenderers form the following countries are not eligible: Israel.

ITT 4.6

The maximum number of Arbitration awards against a Tender shall be 3 over the
last 5 years.
Goods and Related Services form the following countries are not eligible: Israel.

ITT 5.1

B. Tender Document
ITT 7.2

The following are authorized agents of the Purchaser for the purpose of providing
the Tender Document:
1) Controller of stores/Project, Bangladesh Railway, CRB, Chittagong.

ITT 8.1

2) Executive Engineer/Project/Duel Gauge, Bangladesh Railway, Kamlapur,

Dhaka.
For clarification of Tender purposes only
Attention: S.M. Liaquat Ali, Controller of Stores /Project.
The Purchasers contact address is:
Controller of Stores/ Project, Bangladesh Railway,
Central Railway Building, Bangladesh Railway, Chittagong.
Telephone: 880-31-2863137

ITT 9.1

Electronic mail address: cosp@railway.gov.bd

A Pre Tender meeting shall not be held.

C.
ITT 12.1 (a)

Qualification Criteria

The supplier shall have a minimum 10 (ten) years of overall experience in any
period in the supply of Plants. Machinery and Equipment.

ITT 12.1(b)

Also the manufacturer of the proposed Plants. Machinery and Equipment shall
have a minimum 10(ten) years of overall experience in manufacturing Plants,
Machinery and Equipment.
The minimum numbers of years of specific experience of the Supplier in the
supply of similar goods and related services shall be 5(five) years in any period.

ITT 12.1(c)

The minimum production capacity of the manufacturer for each item of the
Machine, Plant or Equipment should not be less than 3(three) units per year.

ITT 13.1(a)

The minimum level of satisfactory completion of supply of similar Goods of a

minimum value of 4.5 million US$ under a single supply contract in the last
5(five) years is required.

ITT 13.1(b)
ITT 14

Supply of similar Goods under a single supply contract means supply,

installing, commissioning and successful running of at least two years of similar
Plants, Machinery and Equipment..
The minimum available amount of liquid asset or working capital or credit facility
should be US$ 8.5 million.
The minimum qualification requirements of Leading Partner and other Partner(s)
of a JVCA shall be as follows:
TDS Clauses
Requirements
Requirements for
Requirements for
Reference
by summation
Leading Partner
other Partner(s)
ITT-12.1(a)
Summation no
Same as stated in
Same as for Leading
applicable
TDS
Partner
ITT-12.1(b)
100%
Same as stated in
Not applicable
TDS
ITT-12.1(c)
100%
Not applicable
ITT-13.1(a)
100%
40%
25%
ITT-13.1(b)
100%
40%
25%

D. Tender Preparation
ITT 18.1

ITT 19.1 (i)

The Tender as well as correspondence and documents relating to the Tender shall
be written in the English language.
Against Section-2, 4 & 7 clause by clause comments given if supported by any
document attached, its location (page no.) on the bid must be mentioned, so
that during evaluation process documents can be connected easily.
The Tenderer shall submit with its Tender the following additional documents:
(i)
(ii)
(iii)
(iv)
(v)
(vi)

Certificate of General experience from the User Organization/

Railway.
Certificate of Specific Experience form the User Organization /
Railway.
Warranty for 2(two) years from the date of commissioning.
Performance certificate by the End User Organization/ Railway for
successful running of 2(two) years for each Plant, Machine and
Equipment to be supplied by the Supplier.
Clause by clause comments to the technical specifications (Section :
7 of tender document).
Clause by clause comments to Section-2, Section-4 of tender
document.

(vii)
(viii)

ITT21.1

ISO 9001:2000 certificate or equivalent certificate of manufacturer

and bidder.
Singed & sealed copy of tender document and technical specification.

NOTE: Contents of tender will be as per ITT-19, more over the above six
documents to be submitted with the tender otherwise the tender will be liable
to rejection.
Alternative Tenders will be permitted.

ITT 22.3 &

ITT 44.6
ITT 22.5(c)
ITT 22.6 (d)

Tenders are being invited for a single Lot.

ITT 22.6(a)
ITT 22.10
ITT 22.11
ITT 23.2

Prices shall be quoted CFR / Chittagong.

The prices quoted by the Tenderer shall be fixed for the duration of the Contact.

ITT 24.2

ITT 25.4
ITT26.5
ITT 28.1
ITT 29.1

ITT 30.1

The named place of destination in Bangladesh is Saidpur Railway Workshop,

Saidpur, Nilphamary.

The currencies of payment specified by the Bangladesh Bank are: US$ or the
currency of the country of the supplier.
A Manufacturers Authorization Letter is required for all the items of Plants,
Machinery and Equipment listed in Section : Schedule of Requirements, if the
Supplier is not the Manufacturer. The Supplier shall furnish as part of his tender
bid authorization letter from the manufacturer and documentary evidence that the
proposed manufacturer has an experience of manufacturing the supplied Plant,
Machinery or Equipment and that has been successfully running for at least two
years. Such certificate from the user Railway should be submitted with the offer.
The period of time that Goods and expected to be functioning (for the purpose of
estimating the cost of spare parts) shall be 20 years.
The period of time that after sales service is expected to be available shall be 20
years.
The Tender validity period shall be 120 days.
The amount of the Tender Security shall be Tk.10.5 million or equivalent US $
0.15 million in the currency of the Tender Price. The tender Security should be in
form of Bank Guarantee from any schedule Bank of Bangladesh on non-judicial
stamp.
a) In addition to the original of the Tender. 2(Two) copies shall be
submitted.
b) The Tender is to be submitted in single stage two envelops system, one for
Technical Offer and other for Price Offer.
c) The Technical offer will be opened by Tender Opening Committee (TOC)
in front of the tenderers or their representatives, if any.
d) Evaluation of Technical Offers will be performed by the Tender
Evaluation Committee(TEC). After approving the evaluation report of
Technical Offers by the competent authority, the price offer of the
technically responsive/ suitable tenderers only will be opened in presence
of the tenderers or their representatives, if any. The remaining price offers

will be returned to the respective tenderers unopened.

e) Price Offer shall consist of the quotation in the Form PG4-1 and Form
PG4-2A, PG4-2B & PG4-2C only. All other documents including the Bid
Security are to be submitted in the Technical Offer.

E.
ITT 31.2(b)

Tender Submission

For Tender submission purposes only, the Purchasers address is:

Attention: S.M. Liaqual Ali, Controller of Stores / Project.

ITT 31.2(d)
ITT 32.1

Address: Controller of Stores/Project, Bangladesh Railway, CRB, Chittagong.

The deadline for preparation and submission of Tenders is:
Time: From 11.00 to 12.00 hrs.
Date: 24-03-10.

F. Tender Opening and Evaluation

ITT 35.1

The Tender opening shall take place at:

Address: Controller of Stores/Project,
Bangladesh Railway, CRB, Chittagong.

ITT 44.4
ITT 44.5(a)
ITT 44.5(b)
Option 2
ITT 44.5(c)
ITT 44.5(d)
ITT 44.5(e)

Time & Date: at 12.30 at 24-03-10

The applicable economic factors, for the purposes of evaluation of Tenders shall
be: None.
Delivery schedule: None.
Delivery adjustment per week shall be None.
Deviation in payment schedule: None.
The rate per annum for interest shall be [insert number]%: None
The cost of mandatory Capital spare parts: None
Spare parts and after-sales service facilities in Bangladesh : None
Projected operating and maintenance costs: None
Factors of calculation of the life cycle cost are: None
(i)

number of years of life cycle [The life cycle is the period after which
the Procuring Entity would normally expect to carry out a major
overhaul of the procured goods: the number should not be more than
ten (10) years]:

(ii)

operating costs [e.g. fuel and / or other input, unit cost, and annual
and total operational requirements]:

(iii)

maintenance costs [e.g. spare parts without duplication of above

Clause 42.4(b) requirements and /or other inputs], and

(iv)

rate, as a percentage, to be used to discount all annual future costs

calculated under (ii) and (iii) above to present value.

[The rate should be the current lending rate of scheduled banks in Bangladesh, but
should not exceed ten (10) percent.]
or,
reference to the methodology specified in the Technical Specifications or
elsewhere in the Tender Document.
ITT 44.5(f)

[quote reference or state None if not applicable.]

Performance and productivity of equipment, : None.

Option 1
ITT 44.5(g)

Specific additional criteria, : None

ITT 50.1

The maximum percentage by which quantities per item may be increased is None

ITT 52.1

The maximum percentage by which quantities per item may be decreased is None
The amount of Performance Security shall be ten (10) percent of the Contract
Price.

G. Contract Award

ITT55.25

The Performance Security should be in the form of Bank Guarantee from any
schedule bank of Bangladesh on non-judicial stamp. The performance Security
shall cover the period of warranty. This performance Security will be released
after expiry of warranty period and receipt of satisfactory performance report from
the ultimate consignee.
The name and address of the office where complaints to the Procuring Entity
under Rule 56 of PPR 2008 are to be submitted is:
Controller of Stores/Project, Bangladesh Railway, CRB Chittagong.

Section 4. Particular Conditions of Contract

Instructions for completing the Particular Conditions of Contract are provided, as needed, in the
notes in italics mentioned for the relevant GCC clauses.
GCC
Amendments of, and Supplements to, Clauses in the General Conditions of
Clause
Contract.
GCC 1.1(h) The nature of the goods and related services to be supplied are:
Supply, Installation, Commissioning of Plants, Machinery and Equipment
with supply of spares (as per Clause 14.10 of Technical Specification,
Section : 7).
GCC 1.1(k)

The Purchaser is:

GCC 1.1(o)

Bangladesh Railway represented by Controller of Stores/Project. Bangladesh

Railway, CRB, Chittagong.
The supplier is:

GCC 5.1(j)

[Name, address, and name of authorized representative].

The following documents shall also form part of the Contract:
(i)
(ii)

GCC 6.1
GCC 6.2
GCC 12.1

Offer of the tenderer accepted by Bangladesh Railway.

Amendments issued and correspondences between purchaser and
supplier (if any).
(iii)
Any other inspection and testing conditions as stated in the
schedule of requirement.
Supplier and Sub-Suppliers from the following countries are not eligible: Israel.
Goods and Related Services from the following countries are not eligible: Israel.
For notices, the Purchasers contact details shall be:

Project Director : Director Mechanical & Project Director, Saidpur

Railway Workshop Modernization Project.
Address : Room No. 434, 3rd floor, Rail Bhaban, 16 Adbul Gani Road
Dhaka.
The Purchasers contact details shall be: S.M. Liaquat Ali, Controller of
Stores/Project.
Address : Controller of Stores/Project,
Bangladesh Railway.
Central Railway Building, Chittagong, Bangladesh.
Telephone: 880-31-2863137
Facsimile number : 880-31-2863137
Electronic mail address: cosp@rail.gov.bd
For notices, the Suppliers contact details shall be:

Attention:
Address:
Telephone:
Facsimile number:
GCC 21.1
GCC 21.2

Electronic mail address:

[any special package requirements should be specifying here with reference to the
technical specifications, as appropriate].
A complete packing list indicating the content of each package shall be enclosed
in a water proof envelop and shall be secured to the outside of the packing case. In
addition each package shall be marked with indelible ink/paint in bold letters, as
follows:
(a)
(b)
(c)
(d)
(e)
(f)
(g)

Contract Number
Name and address of Purchaser
Country of origin
Gross weight
Net weight
Package number of total number of packages
Brief description of the content

Upright marking, where appropriate, shall be placed on all four vertical sides the
package.
All materials used for packing shall be environmentally neutral.

GCC 22.2

All packing cases, containers, packing and other similar materials used for
shipping equipment goods shall, unless otherwise agreed, be supplied by the
supplier free of charge and will not be returned. Every bale or packages shall be
clearly marked with the suppliers name, consignees name and address and gross
weight and shall contain a packing note showing its contents in detail. It is further
indicated that the packing cases, containers and similar packing materials will be
delivered to the ultimate consignee without unpacking offloading at Chittagong
Port. Packing cases, containers etc. will not be returned and will be the property of
the purchaser. The supplier shall provide such packing as the Purchaser /
Inspecting officer may consider necessary to ensure the safe arrival of the
materials and equipment at destination and to the ultimate consignee.
The documents to be provider are as follows:
(a) copies of Suppliers invoice showing goods, description, quality, unit
price, total amount:
(b) copies of the packing list identifying the contents of each package:
(i) shipping documents
(ii) insurance certificate
(c) manufacturers suppliers warranty certificate;
(d) inspection certificate issued by the nominated inspection agency (or

Purchaser) and or the suppliers factory inspection report (if any):

(e) original certificate of origin.
GCC23.2
GCC25.1(a)
GCC 25.2
GCC 26.1

The prices charged for the Goods delivered and the Related Services to be
performed shall be fixed for the duration of the contract. No Price adjustment will
be done.
Additional spare parts requirements are as specified in the technical Specifications
(Section-7).
Within 32 (Thirty-two) weeks of placing the order and opening the letter of credit.
The method and conditions of payment to be made to the Supplier under this
Contract shall be as follows:
A. The payment of foreign currency shall be made through an irrevocable letter
of credit opened in favour of the Supplier in a schedule bank of Bangladesh.
The payment of local currency shall be made by the Financial Adviser &
Chief Accounts Officer/Project, Bangladesh Railway, Dhaka.
B. Payment steps of foreign currency:
(i)An Advance Payment of 10% (ten percent) of the foreign currency portion
of Contract Price shall be paid to Supplier within 30 (thirty) days of signing
of the Contract against an unconditional Bank Guarantee (From PG4-12)
(ii) Payment up to 80% (eighty percent) of the foreign currency portion of
Contract Price for Plants, Machinery, Equipment and recommended spare
parts for two years maintenance as mentioned in SL. No. A, B & C of Price
Schedule (From G4-2B) shall be made through the above letter of credit on
presentation of the following documents:
(a)
(b)
(c)
(d)
(e)

Clean on board ocean vessel bill of lading

Suppliers detailed invoice,
Detailed Packing list,
Manufacturers work test certificate,
Inspection certificate of the inspecting officer nominated by the
Purchaser,
(f) Certificate of country of origin,
(g) Freight Bill in original
(h) Warranty certificate
iii) The remaining 10% (ten percent) of the foreign currency portion of
Contract Price will be released by the Controller of Store/Project,
Bangladesh Railway, Chittagong after getting a certificate from the
ultimate consignee i.e. the Project Director of Saidpur Railway Workshop
Modernization Project that the proposed Plants, Machinery and
Equipment have been received in good condition and the installation,
commissioning, Trial run etc. have successfully been completed.
C. Payment steps of Local currency:

(i) An Advance Payment of 10% (ten percent) of the local currency portion
of Contract Price shall be paid by FA&CAO/Project to the Supplier within
30 (thirty) days of signing of the Contract against an unconditional Bank
Guarantee (From PG4-12).
(ii) Payment of remaining 90% (ninety percent) of the local currency portion
f Contract Price for Inland Transportation Installation and Commissioning of
Plants, Machinery & Equipment (as mentioned in price schedule form PG42C) shall be made by FA&CAO/Project on submitting document certified by
Project Director of Saidpur Railway Modernization Project that the Plants,
Machinery & Equipment consignment with all accessories have arrived at
Saidpur Railway Workshop and installation, commissioning, trial run etc.
have successfully been completed.
GCC 26.5

The payment period after which the Purchaser shall pay interest to the supplier
shall be [None] days.
The interest rate that shall be applied is [None] percent
No such interest will paid.

GCC 27.1

Insurance of the equipment where considered necessary by the purchaser, will be

done by the purchaser with M/S Sadaran Bima Corporation. E.I.C House, Sheik
Mujib Road, Chittagong under open policy no. CTG/ MP/FEX/PUB/03/03/2003.
In such cases, the supplier will send complete set of the following documents
immediately on shipping the equipment direct to M/S Sadaran Bima Corporation
to enable them to issue insurance policy:
(a)
(b)
(c)
(d)
(e)

clean on board ocean vessel bill of lading --------------- 2 Copies

Suppliers detailed invoice ---------------------------------- 7 Copies
Detailed Packing list --------------------------------------------- 6 Copies
Manufacturers work test certificate ------------------------ 2 Copies
Inspection certificate of the inspecting officer
non inated by the Purchaser ---------------------------------- 2 Copies
(f) Certificate of country of origin ----------------------------------- 2 Copies
(g) Freight Bill in origin ------------------------------------------- 2 Copies
(h) Warranty certificate --------------------------------------------- 1 Copies
For such insurance, any indemnity hereunder shall be payable in a currency freely
useable to replace or repair the equipment lost, damaged or destroyed. However
receipt of any indemnity under the insurance shall not affect the suppliers
obligation under the contract, so long as such indemnity when received is made
over and paid by the purchaser to the supplier.
The supplier shall communicate by telex by the cable to M/S Sadaran Bima
Corporation (Cable: MIMA, Chittagong.) the details of each shipment
immediately on and in any event not later than 12 Hrs. following the completion
of loading.

The Supplier will ensure that the Equipment is securely packed and each packing
marked as under:
-

Agreement No.
Destination.
Packing No.
Dimensions.
Weight Gross/ Net.

GCC 29.2

The Performance Security shall be reduced to 5% (five percent) of the Contract

Price.

GCC 31.2

The Inspections and tests shall be conducted at:

1. Inspection of the materials during all stages of manufacturer / execution
shall be carried at factory of supplier by the purchaser or by his authorized
agent. The Supplier shall provide without any extra price all necessary
facilities to the inspecting Officer for carrying out inspection and
witnessing test as provided in the specification and may be necessary in
conformity with normal trade practice. The supplier will give intimation
for inspection to the
Inspecting agent well in advance. Depending on the quantity of equipment
to be offered for inspection the intimation should be given 15 (fifteen)
days prior to the date of inspection, extending a copy to the Purchaser.
2. The fees of the inspection Officer shall be normally payable by the
Purchaser as stated in Clause 9 of Technical Specification (See-7) and
except as specified in Clause-3 below in which case the fees of the
inspecting Officer shall be borne by the Supplier.
3. The fees payable to the Inspecting Officer as per contract of Inspection
with the Purchaser shall be borne by the Supplier in the following cases.
i)

In case where as per the contract, the materials are to be

offered for inspection in a single consolidated lot but the
Supplier presents the same for inspection in piecemeal, the
inspection fees for all lots subsequent to the first lot.

ii)

The cost of fruitless journey performed by the Inspecting

Officer, after receipt of inspection call in writing from the
Supplier, but the Supplier failing to submit the materials for
inspection.

iii)

Fees of the Inspecting Officer for the inspection, which result

in a substantial rejection of the materials. Offered for
inspection. In such a case, the Inspecting officer in writing to
the Supplier will notify the reason for rejection. As to whether
a rejection is substantial or not, the decision of the Purchaser
shall be final and binding on the Supplier.

iv)

Inspecting Officers fees for inspection where the contract is

cancelled in terms of Clause-38 of the PCC/GCC.

4. Irrespective of any inspection and test carried out or to be carried out by

the Inspecting Officer, the Supplier shall be fully responsible for ensuring
that the materials supplied under the contract shall be strictly according to
the specifications and other provisions incorporated in the contract.
5. Issue of Inspection Certificate by the Inspection Officer Shall not, under
any circumstances, relive the Supplier of the responsibility to supply the
materials strictly according to the specification and other provisions of the
contract.
6. Should any inspected or tested Goods fail to conform to the Specification,
the purchaser may reject them, and the supplier shall either replace the
rejected Goods or make all alternations necessary to meet the
requirements of the Specification, free to the Purchaser.
7. The Purchasers right to Inspect, test and where necessary reject the
Goods after arrival in the Purchasers Country shall in no way be limited
or waived by reason of the Goods having been previously inspected,
tested and passed by the Purchaser or his representative prior to shipment
from the country of origin.
8. Any equipment found different from the specification at the time of
receipt at site shall be rejected and shall be replaced by the Supplier
immediately without any additional cost of the Purchaser.
GCC 32.3

The period of validity of the warranty shall be for 2 (two) years from the Date of
Commissioning of the Plants, Machinery and Equipment.

GCC 32.5
GCC 34.1

The period for repair or replacement shall be 6(Six) months.

The liquidated damage shall be one half of one percent (0.5%) of the Contract
value per week or part thereof.

GCC
39.2(b)

The maximum amount of liquidated damages shall be ten percent (10%) of the
contract value.
The rules of procedure for arbitration proceedings pursuant to GCC Clause
39.2(b) shall be as follows:
Any dispute, controversy or claim arising out of or relating to this Contract, or
branch, termination or invalidity thereof, shall be settled by arbitration in
accordance with the UNCITRAL Arbitration Rules as at present in force.
The venue of arbitration will be at Dhaka, Bangladesh.