Section 1.

Instructions to Bidders/Tenderers
A.
1. Scope of Tender

General

1.1 The Employer, as indicated in the Tender Data Sheet (TDS) issues this Tender Document for the procurement of Works and Related Services incidental thereto as specified in the TDS and as detailed in Section ! "ill of #uantities. The name of the Tender and the num$er and identification of its constituent lot(s) are stated in the TDS. 1.% The successful Tenderer &ill $e re'uired to complete the Works $y the (ntended )ompletion Date specified in the *articular )onditions of )ontract (*))).+ 1., Throu-hout this Tender Document! (a) the term .in &ritin-/ means communicated in &ritten form &ith proof of receipt0 ($) if the conte1t so re'uires, sin-ular means plural and vice versa0 and (c) .day/ means calendar day.

%.

Source of 2unds

%.1

The Employer has $een allocated pu$lic funds as indicated in the TDS and intends to apply a portion of the funds to eli-i$le payments under the )ontract for &hich this Tender Document is issued. 2or the purpose of this provision, .pu$lic funds/ means any monetary resources appropriated to procurin- entities under 3overnment $ud-et, or revenues -enerated $y statutory $odies and corporations, or aid -rants and credits put at the disposal of procurin- entities $y the development partners throu-h the 3overnment. *ayments $y the development partner, if so indicated in the TDS, &ill $e made only at the re'uest of the 3overnment and upon approval $y the development partner in accordance &ith the applica$le 4oan 5 )redit 5 3rant 6-reement, and &ill $e su$7ect in all respects to the terms and conditions of that 6-reement. The 3overnment re'uires that Employers, as &ell as Tenderers and )ontractors, shall o$serve the hi-hest standard of ethics durin- the implementation of procurement proceedin-s and the e1ecution of )ontracts under pu$lic funds. (n pursuance of this re'uirement, the Employer shall ! (a) e1clude the Tenderer from participation in the procurement proceedin-s concerned or re7ect a proposal for a&ard0 and declare a Tenderer ineli-i$le, either indefinitely or for a stated period of time, from participation in procurement

%.%

%.,

,.

)orrupt, 2raudulent, )ollusive or )oercive *ractices

,.1

,.%

($)

Instructions to Bidders/ Tenderers | Prepared by 0701046

proceedin-s under pu$lic funds0 if it, at any time, determines that the Tenderer has en-a-ed in corrupt, fraudulent, collusive or coercive practices in competin- for, or in e1ecutin-, a )ontract under pu$lic funds. ,., Should any corrupt, fraudulent, collusive or coercive practice of any kind come to the kno&led-e of the Employer, it shall, in the first place, allo& the Tenderer to provide an e1planation and shall, take actions only &hen a satisfactory e1planation is not received. Such e1clusion and the reasons thereof, shall $e recorded in the record of the procurement proceedin-s and promptly communicated to the Tenderer concerned. 6ny communications $et&een the Tenderer and the Employer related to matters of alle-ed fraud or corruption shall $e in &ritin-. The 3overnment defines, for the purposes of this provision, the terms set forth $elo& as follo&s! (a) .corrupt practice/ means offerin-, -ivin-, or promisin- to -ive, directly or indirectly, to any officer or employee of a *rocurinEntity or other -overnmental5private authority or individual a -ratuity in any form, an employment or any other thin- or service of value, as an inducement &ith respect to an act or decision of, or method follo&ed $y, a *rocurin- Entity in connection &ith the procurement proceedin-0 .fraudulent practice/ means a misrepresentation or omission of facts in order to influence a procurement proceedin- or the e1ecution of a )ontract to the detriment of the Employer0 .collusive practice/ means a scheme or arran-ement amont&o and more Tenderers &ith or &ithout the kno&led-e of the Employer (prior to or after Tender su$mission) desi-ned to esta$lish Tender prices at artificial, non9competitive levels and to deprive the Employer of the $enefits of free, open and -enuine competition0 and .coercive practice/ means harmin- or threatenin- to harm, directly or indirectly, persons or their property to influence the procurement proceedin-s, or affect the e1ecution of a )ontract.

,.8

($)

(c)

(d)

,.:

The Tenderer shall $e a&are of the provisions on fraud and corruption stated in 3)) )lause , and 3)) Su$9)lause +;.1($.vi). The 3overnment re'uires that the Employer<s personnel have an e'ual o$li-ation not to solicit, ask for and5or use coercive methods to o$tain personal $enefits in connection &ith the said proceedin-s. This (nvitation for Tenders is open to eli-i$le Tenderers from all countries, e1cept for any specified in the TDS. 6 Tenderer may $e a physical or 7uridical individual or $ody of

,.

8.

Eli-i$le Tenderers

8.1 8.%

Instructions to Bidders/ Tenderers | Prepared by 0701046

individuals, or company, association or any com$ination of them under a-reement in the form of an intended or e1istin- 7oint venture, consortium or association (=>)6), invited to take part in pu$lic procurement or seekin- to $e so invited or su$mittin- a Tender in response to an (nvitation for Tenders. 6ll mem$ers of the =>)6 shall $e 7ointly and severally lia$le to the Employer. =>)6 is distinct from )ontractor Su$contractor arran-ement &here the entire responsi$ility for contract e1ecution rests &ith the )ontractor. 8., 6 3overnment9o&ned enterprise in "an-ladesh may also participate in the Tender if it is le-ally and financially autonomous, it operates under commercial la&, and it is not a dependent a-ency of the Employer. The Tender shall provide in Section :! Tender and )ontract 2orms, a statement that the Tenderer (includin- all mem$ers of a =>)6) is not associated, nor has $een associated in the past, directly or indirectly, &ith a consultant or any other entity that has prepared the desi-n, specifications and other documents for this (nvitation for Tenders. The Tenderer shall not $e under a declaration of ineli-i$ility for corrupt, fraudulent, collusive or coercive practices in accordance &ith (TT Su$9)lause ,.%. The Tenderer &ith a consistent history of liti-ation or a num$er of ar$itration a&ards a-ainst it, shall not $e eli-i$le to Tender. The Tenderer shall supply the information re'uested in para ,.8 of the Tenderer (nformation Sheet (2orm W9%) The Tenderer shall have the le-al capacity to enter into the )ontract. The Tenderer shall not $e insolvent, $e in receivership, $e $ankrupt or $ein- &ound up, its $usiness activities shall not $e suspended, and it shall not $e the su$7ect of le-al proceedin-s for any of the fore-oin-. The Tenderer shall have fulfilled its o$li-ations to pay ta1es and social security contri$utions under the relevant national la&s and re-ulations. 6ll materials, e'uipment and services to $e supplied under the )ontract are eli-i$le, unless their ori-in is from a country specified in the TDS. 2or purposes of this clause, .ori-in/ means the place &here the materials and e'uipment are mined, -ro&n, produced or manufactured, or the place from &hich the related services are supplied. The ori-in of materials and e'uipment and services is distinct from the

8.8

8.:

8.

8.+ 8.;

8.?

:.

Eli-i$le @aterials, E'uipment and Services

:.1

:.%

:.,

Instructions to Bidders/ Tenderers | Prepared by 0701046

nationality of the Tenderer.

Site >isit

.1

The Tenderer, at the Tenderer<s o&n responsi$ility and risk, is encoura-ed to visit and e1amine the Site and o$tain all information that may $e necessary for preparin- the Tender and enterin- into a )ontract for performance of the Works. The Tenderer should ensure that the Employer is informed of the visit in ade'uate time to allo& it to make appropriate arran-ements. The costs of visitin- the Site shall $e at the Tenderer<s o&n e1pense

.% .,

B.
+. Tender Document! Sections +.1

Tender Document

The Sections comprisin- the Tender Document are listed $elo&, and should $e read in con7unction &ith any 6mendment issued in accordance &ith (TT )lause 1A. Section 1 (nstructions to Tenderers ((TT) Section % Tender Data Sheet (TDS) Section , 3eneral )onditions of )ontract (3))) Section 8 *articular )onditions of )ontract (*))) Section : Tender and )ontract 2orms Section "ill of #uantities ("B#) Section + 3eneral Specifications Section ; *articular Specifications Section ? Dra&in-s

+.%

The Employer &ill re7ect any tender su$mission if the Tender Document &as not purchased directly from the Employer, or throu-h its a-ent as stated in the TDS. The Tenderer is e1pected to e1amine all instructions, forms, terms, and specifications in the Tender Document as &ell as in Tender 6mendments, if any. 2ailure to furnish all information or documentation re'uired $y the Tender Document may result in the re7ection of the Tender. 6 prospective Tenderer re'uirin- any clarification of the Tender Document shall contact the Employer in &ritin- at the Employer<s address indicated in the TDS. The Employer &ill respond in &ritin- to any re'uest for clarification received no later than seven (+) days prior to the deadline for su$mission of Tenders. The Employer shall for&ard copies of its response to all those &ho have purchased the Tender Document, includin- a description of the

+.,

;.

Tender Document! )larification

;.1

;.%

Instructions to Bidders/ Tenderers | Prepared by 0701046

en'uiry $ut &ithout identifyin- its source. ;., Should the Employer deem it necessary to amend the Tender Document as a result of a clarification, it shall do so follo&in- the procedure under (TT )lause 1A and (TT Su$9)lause ,8.,. To clarify issues and to ans&er 'uestions on any matter arisin- in the Tender Document, the Employer may, if stated in the TDS, invite prospective Tenderers to attend a *re9Tender @eetin- at the place, date and time as specified in the TDS. Tenderers are encoura-ed to attend the meetin-, if it is held. The Tenderer is re'uested to su$mit any 'uestions in &ritin- so as to reach the Employer not later than five (:) days prior to the date of the meetin-. @inutes of the pre9Tender meetin-, includin- the te1t of the 'uestions raised and the responses -iven, to-ether &ith any responses prepared after the meetin-, &ill $e transmitted &ithin seven (+) days to all those &ho purchased the Tender document. 6ny modification to the Tender document listed in (TT Su$9)lause +.1 that may $ecome necessary as a result of the pre9Tender meetin- shall $e made $y the Employer e1clusively throu-h the issue of an 6ddendum pursuant to (TT )lause 1A and not throu-h the minutes of the pre9Tender meetin-. Con9attendance at the pre9Tender meetin- &ill not $e a cause for dis'ualification of a Tenderer

?.

Tender Document! *re9Tender @eetin-

?.1

?.%

?.,

?.8 1A. Tender Document! 6mendment

1A.1 6t any time prior to the deadline for su$mission of Tenders, the Employer, for any reason, on its o&n initiative or in response to a clarification re'uest in &ritin- from a Tenderer, havin- purchased the Tender Document, may amend the Tender Document $y issuin- an amendment. 1A.% 6ny amendment issued shall $ecome an inte-ral part of the Tender Document and shall $e communicated in &ritin- to all those &ho have purchased the Tender Document. 1A., To -ive a prospective Tenderer reasona$le time in &hich to take an amendment into account in preparin- its Tender, the Employer may, at its discretion, e1tend the deadline for the su$mission of Tenders, pursuant to (TT Su$9)lause ,8.,. (n the event that an amendment is issued &ith a period of only one third or less of the Tenderin- period remainin-, then the deadline for the su$mission of Tenders may $e e1tended $y the Employer, if so re'uested $y a su$stantial num$er of Tenderers.

C.
11. Evaluation )riteria

Evaluation and Qualification Criteria

11.1 The follo&in- evaluation criteria &ill $e applica$le, unless other&ise indicated in the TDS! (a) ($) completion time0 and ad7ustments for minor deviations on su$stantially responsive tenders.

Instructions to Bidders/ Tenderers | Prepared by 0701046

1%. E1perience )riteria

1%.1 The Tenderer shall possess the necessary professional and technical 'ualifications and competence, financial resources, e'uipment and other physical facilities, mana-erial capa$ility, specific e1perience, reputation, and the personnel, to perform the )ontract. 1%.% To 'ualify for a multiple num$er of lots in a packa-e for &hich Tenders are invited in the (nvitation for Tenders, the Tenderer shall demonstrate havin- resources and e1perience sufficient to meet the a--re-ate of the 'ualifyin- criteria for the individual lots. 1%., The Tenderer shall have the follo&in- minimum level of construction e1perience to 'ualify for the performance of the Works under the )ontract! (a) a minimum num$er of years of -eneral e1perience in the construction of &orks as specified in the TDS0 and ($) specific e1perience as a prime )ontractor or Su$contractor in the construction of at least the num$er of completed )ontracts stated in the TDS of a nature, comple1ity and construction technolo-y similar to the proposed Works over the period stated in the TDS.

1,. 2inancial )riteria

1,.1 The Tenderer shall have the follo&in- minimum level of financial capacity to 'ualify for the performance of the Works under the )ontract. (a) the avera-e annual construction turnover as specified in the TDS durin- the period specified in the TDS0 and ($) the minimum Tender capacity as specified in the TDS. 1,.% The Tenderer shall su$mit satisfactory $ank references and documents demonstratin- availa$ility of funds5 li'uid assets and5or credit facilities from its $anker(s) to successfully complete the )ontract, as specified in the TDS. 1,., The Tenderer shall su$mit documentary evidence that all claims, ar$itration or other liti-ation case have $een satisfactorily resolved, and if not, they shall have no serious ne-ative impact on the financial capacity of the Tenderer.

18. *ersonnel )apacity

18.1 The Tenderer shall have the follo&in- minimum level of personnel capacity to 'ualify for the performance of the Works under the )ontract! (a) a )onstruction *ro7ect @ana-er &ith 'ualifications and e1perience as specified in the TDS0 ($) the minimum num$er of En-ineers &ith 'ualifications and e1perience as specified in the TDS0 and (c) other key staff &ith 'ualifications and e1perience as specified in the TDS.

1:. E'uipment )apacity

1:.1 The Tenderer shall o&n or have assured access throu-h lease, hire, or other such method, of the essential e'uipment, in full &orkin-

Instructions to Bidders/ Tenderers | Prepared by 0701046

order, as specified in the TDS. 1 . =oint >enture, )onsortium or 6ssociation (=>)6) 1 .1 The fi-ures for each of the partners of a =>)6 shall $e added to-ether to determine the Tenderer<s compliance &ith the minimum 'ualifyincriteria0 ho&ever, for a =>)6 to 'ualify, each of its partners must meet at least t&enty9five (%:) percent of minimum criteria for an individual Tenderer, and the partner in char-e at least forty (8A) percent of those minimum criteria. 2ailure to comply &ith this re'uirement &ill result in re7ection of the =>)6 Tender. Su$contractors< e1perience and resources &ill not $e taken into account in determinin- the Tenderer<s compliance &ith the 'ualifyin- criteria.

D.
1+. Tender! one Bnly

Tender Preparation

1+.1 6 Tenderer shall su$mit only one (1) Tender for each lot, either individually or as a partner in a =>)6. 6 Tenderer &ho su$mits or participates in more than one (1) Tender &ill cause all the Tenders &ith that Tenderer<s participation to $e re7ected. 1;.1 The Tenderer shall $ear all costs associated &ith the preparation and su$mission of its Tender, and the Employer shall not $e responsi$le or lia$le for those costs, re-ardless of the conduct or outcome of the Tenderin- process. 1?.1 The Tender, as &ell as all correspondence and documents relatin- to the Tender shall $e &ritten in the En-lish or "an-la lan-ua-e, unless specified other&ise in the TDS. Supportin- documents and printed literature furnished $y the Tenderer that are part of the Tender may $e in another lan-ua-e, provided they are accompanied $y an accurate translation of the relevant passa-es in the En-lish or "an-la lan-ua-e, in &hich case, for purposes of interpretation of the Tender, such translation shall -overn. 1?.% The Tenderer shall $ear all costs of translation to the -overninlan-ua-e and all risks of the accuracy of such translation.

1;. Tender! *reparation )osts 1?. Tender! 4an-ua-e

%A. Tender! )ontents of Tender

%A.1 The Tender prepared $y the Tenderer shall comprise the follo&in-! (a) ($) (c) (d) (e) the Tender Su$mission Sheet (2orm W91)0 the priced "ill of #uantities for each lot in accordance &ith (TT )lauses %1 and %, and %80 Tender Security in accordance &ith (TT )lause ,10 alternative Tenders, if permissi$le, in accordance &ith (TT )lause %%0 &ritten confirmation authoriDin- the si-natory of the Tender to commit the Tenderer, in accordance &ith (TT )lause ,%0 documentary evidence in accordance &ith (TT )lause %: esta$lishin- the Tenderer<s eli-i$ility to Tender, includin- the Tenderer (nformation Sheet (2orm W9%)0 documentary evidence in accordance &ith (TT )lause %; esta$lishin- the Tenderer<s 'ualifications to perform the

(f)

(-)

Instructions to Bidders/ Tenderers | Prepared by 0701046

)ontract, if its Tender is accepted0 (h) (i description of &ork method accordance &ith (TT )lause %+0 and and schedule in

any other document as specified in the TDS.

%1. Tender! Su$mission Sheet and "ill of #uantities

%1.1 The Tenderer shall su$mit the Tender Su$mission Sheet (2orm W91) furnished in Section :! Tender and )ontract 2orms. This document shall $e completed &ithout any alterations to its format, fillin- in all $lank spaces &ith the information re'uested, failin- &hich the Tender may $e re7ected as $ein- incomplete. %1.% The Tenderer shall su$mit the priced "ill of #uantities usin- the form furnished in Section ! "ill of #uantities. (f in preparin- its Tender, the Tenderer has made errors in the unit price or the total price, and &ishes to correct such errors prior to su$mission of its Tender, it may do so, $ut shall ensure that each correction is suita$le initialled $y the authorised person of the Tenderer and that a statement shall $e made as to the total num$er of corrections made, at the end of the priced "ill of #uantities.

%%. Tender! 6lternatives

%%.1 Enless other&ise stated in the TDS, alternative Tenders shall not $e considered. %%.% (f so allo&ed in the Tender Data Sheet, Tenderers &ishin- to offer technical alternatives to the re'uirements of the Tender Documents must also su$mit a Tender that complies &ith the re'uirements of the Tender Documents, includin- the $asic technical desi-n as indicated in the dra&in-s and specifications. (n addition to su$mittin- the $asic Tender, the Tenderer shall provide all information necessary for a complete evaluation of the alternative(s) $y the Employer, includindesi-n calculations, technical specifications, $reakdo&n of prices, proposed construction methods and other relevant details. Bnly the technical alternatives, if any, of the lo&est evaluated Tender conformin- to the $asic technical re'uirements shall $e considered $y the Employer. %%., When alternative times for completion are e1plicitly invited, a statement to that effect &ill $e included in the TDS, as &ill the method of evaluatin- different times for completion.

%,. Tender! *rices and Discounts

%,.1 The prices and discounts 'uoted $y the Tenderer in the Tender Su$mission Sheet (2orm W1) and in the "ill of #uantities shall conform to the re'uirements specified $elo&. %,.% The Tenderer shall fill in rates and prices for all items of the Works descri$ed in the "ill of #uantities ("B#). (tems a-ainst &hich no rate or price is entered $y the Tenderer &ill not $e paid for $y the Employer &hen e1ecuted and shall $e deemed covered $y the rates for other items and prices in the "B#.

Instructions to Bidders/ Tenderers | Prepared by 0701046

%,., The price to $e 'uoted in the Tender Su$mission Sheet, in accordance &ith (TT Su$9)lause %,.1, shall $e the total price of the Tender, e1cludin- any discounts offered. %,.8 The Tenderer shall 'uote any unconditional discounts and the methodolo-y for their application in the Tender Su$mission Sheet, in accordance &ith (TT Su$9)lause %,.1.

23.5 Enless other&ise provided in the TDS and the *)), the rates and
prices 'uoted $y the Tenderer are su$7ect to ad7ustment durin- the performance of the )ontract in accordance &ith the provisions of 3)) )lause . The Tenderer shall furnish the indices and &ei-htin-s for the price ad7ustment formulae in the *)). The Employer may re'uire the Tenderer to 7ustify its proposed indices and &ei-htin-s. %,. (f so indicated in the TDS, Tenders are $ein- invited for individual lots or for any com$ination of lots. Tenderers &ishin- to offer any price reduction for the a&ard of more than one lot shall specify in their Tender the price reductions applica$le to each lot, or alternatively, to any com$ination of lots &ithin the packa-e. *rice reductions or discounts &ill $e considered in the Tender evaluation, provided the Tenders for all lots are su$mitted and opened at the same time.

%,.+ 6ll duties, ta1es and other levies paya$le $y the )ontractor under the )ontract, or for any other causes, as of the date t&enty9ei-ht (%;) days prior to the deadline for su$mission of Tenders, shall $e included in the rates and prices and the total Tender *rice su$mitted $y the Tenderer. %8. Tender! )urrency %:. Documents Esta$lishinEli-i$ility of the Tenderer %8.1 6ll prices shall $e 'uoted in "an-ladesh Taka. %:.1 The Tenderer shall su$mit documentary evidence to esta$lish its eli-i$ility in accordance &ith (TT )lause 8, and in particular, shall! (a) complete the eli-i$ility declarations in the Tender Su$mission Sheet (2orm W91), included in Section :, Tender and )ontract 2orms0 and ($) if in accordance &ith (TT Su$9)lause 8.%, the Tenderer is an e1istin- or intended =>)6, it must su$mit the Tenderer (nformation Sheet (2orm W9%) and a copy of the =>)6 6-reement, or a letter of intent to enter into such an a-reement. The respective document shall $e si-ned $y all le-ally authorised si-natories of all the parties to the e1istin- or intended =>)6, as appropriate. % . Documents Esta$lishinthe Eli-i$ility % .1 The Tenderer shall su$mit documentary evidence to esta$lish the ori-in of all materials, e'uipment and services to $e supplied under the )ontract in accordance &ith (TT )lause :.

Instructions to Bidders/ Tenderers | Prepared by 0701046

"

and )onformity of @aterials, E'uipment and Services

% .% To esta$lish the conformity of the materials, e'uipment and services to $e supplied under the )ontract, the Tenderer shall furnish, as part of its Tender, the documentary evidence (&hich may $e in the form of literature, dra&in-s or data) that these conform to the technical specifications and standards specified in Section +, 3eneral Specifications and Section ;, *articular Specifications.

%;. Documents %+.1 The Tenderer shall furnish a Technical Specification includin- a Esta$lishin- the statement of &ork methods and schedule and any other information )onformity of as stipulated in TDS, in sufficient detail to demonstrate the ade'uacy the Technical for the Tenderers< su$mission to meet the &ork re'uirements and the Specification completion time. %?. Documents Esta$lishinthe Tenderer<s #ualifications %;.1 Tenderers shall su$mit documentary evidence to meet the 'ualification criteria specified in Su$9Section ), #ualification )riteria of the (TT. %;.% Tenderers shall su$mit the Tenderer (nformation Sheet (2orm W9%) furnished in Section :! Tender and )ontract 2orms %;., Tenderers shall include the follo&in- information and documents &ith their Tenders! (a) total monetary value of construction &ork performed for each of the last five (:) years0 ($) e1perience in &orks of a similar nature and siDe for each of, and details of &ork under &ay or )ontractually committed and clients &ho may $e contacted for further information on those )ontracts0 (c) ma7or items of construction e'uipment proposed to carry out the )ontract0 (d) 'ualification and e1perience of key site mana-ement and technical personnel proposed for the )ontract0 (e) reports on the financial standin- of the Tenderer, such as profit and loss statements and correspondin- auditor<s reports for the past five (:) years0 financial reports or $alance sheets or profit and statements or auditor<s reports or $ank references documents or a com$ination of these demonstratinavaila$ility of li'uid assets to successfully complete contract0 loss &ith the the

(f)

(-)

evidence of ade'uacy of &orkin- capital for this )ontract (access to line(s) of credit and availa$ility of other financial resources)0 authority to seek references from the Tenderer<s $ankers0 and information on past (: years) liti-ation in &hich the Tenderer has $een involved or in &hich the Tenderer is currently involved.

(h) (i)

%;.8

Tenders su$mitted $y a =>)6 shall comply &ith the follo&in- re'uirements, and any other re'uirements as specified in the

Instructions to Bidders/ Tenderers | Prepared by 0701046

10

TDS! (a) (b (c) the Tenderer shall include all the information listed in (TT Su$9)lause %;., for each =>)6 partner0 the Tender shall $e si-ned so as to $e le-ally $indinon all partners# all partners shall $e 7ointly and severally lia$le for the e1ecution of the )ontract in accordance &ith the )ontract terms0 one of the partners &ill $e nominated as $ein- in char-e, authoriDed to incur lia$ilities, and receive instructions for and on $ehalf of any and all partners of the 7oint venture0 and the e1ecution of the entire )ontract, includin- payment, shall $e done e1clusively &ith the partner in char-e.

(d)

(e)

,A. Tenderer! Dis'ualification

%?.1 The Employer shall dis'ualify a Tenderer &ho su$mits a document containin- false information for purposes of 'ualification or misleads or makes false representations in provin- its 'ualification re'uirements. (f such an occurrence is proven, the Employer may declare such a Tenderer ineli-i$le, either indefinitely or for a stated period of time, from participation in future procurement proceedin-s. %?.% The Employer may dis'ualify a Tenderer &ho has record of poor performance such as a$andonin- the &orks, not properly completin- the )ontract, inordinate delays, liti-ation history or financial failures.

,1. Tender! >alidity

,A.1 Tenders shall remain valid for the period specified in the TDS after the date of Tender su$mission prescri$ed $y the Employer, pursuant to (TT )lause ,8. 6 Tender valid for a shorter period shall $e re7ected $y the Employer as non responsive. ,A.% (n e1ceptional circumstances, prior to the e1piration of the Tender validity period, the Employer may solicit the Tenderers consent to an e1tension of the period of validity of their Tenders. The re'uest and the responses shall $e made in &ritin-. The Tender Security provided under (TT )lause ,1 shall also $e suita$ly e1tended promptly. (f a Tenderer does not respond or refuses the re'uest it shall not forfeit its Tender Security, $ut its Tender shall no lon-er $e considered in the evaluation proceedin-s. 6 Tenderer a-reein- to the re'uest &ill not $e re'uired or permitted to modify its Tender.

,%. Tender! Security

,1.1 The Tenderer shall furnish as part of its Tender, a Tender Security in ori-inal form (2orm W9,) and in the amount specified in the TDS. ,1.% The Tender Security shall! (a) at the Tenderer<s option, $e either0

Instructions to Bidders/ Tenderers | Prepared by 0701046

11

(i) (ii)

in the form of a $ank draft or pay order, or in the form of an irrevoca$le $ank -uarantee (2orm W9,) issued $y a scheduled "ank of "an-ladesh, in the format furnished in Section :! Tender and )ontract 2orms0 $e paya$le promptly upon &ritten demand $y the Employer in the case of the conditions listed in (TT Su$9 )lause ,1.: $ein- invoked0 and remain valid for a period of t&enty ei-ht (%;) days $eyond the ori-inal validity period of Tenders, or $eyond any period of e1tension su$se'uently re'uested under (TT Su$9 )lause ,A.%.

($)

(c)

,1., 6 Tender not accompanied $y a valid Tender Security in accordance &ith (TT Su$9)lause ,1.% shall $e re7ected $y the Employer as non9 responsive. ,1.8 Ensuccessful Tenderers< Tender Security &ill $e dischar-ed or returned &ithin t&enty ei-ht (%;) days of the end of the Tender validity period specified in (TT Su$9)lause ,A.1 and ,A.% The Tender Security of the successful Tenderer &ill $e dischar-ed upon the Tenderer<s furnishin- of the *erformance Security pursuant to (TT )lause :, and si-nin- the )ontract 6-reement.. ,1.: The Tender Security may $e forfeited! (a) if a Tenderer &ithdra&s its Tender durin- the period of Tender validity specified $y the Tenderer on the Tender Su$mission Sheet, e1cept as provided in (TT Su$9)lause ,A.%0 or ($) if the successful Tenderer fails to! (i) (ii) (iii) ,1. accept the correction of its Tender *rice pursuant to (TT Su$9)lause 8,.%0 or furnish a *erformance Security in accordance &ith (TT )lause :,0 or si-n the )ontract in accordance &ith (TT )lause :8.

The Tender Security of a =>)6 shall $e in the name of the =>)6 that su$mits the Tender. (f the =>)6 has not $een le-ally constituted at the time of tenderin-, the Tender Security shall $e in the name of all intended =>)6 partners as named in the letter of intent mentioned in (TT Su$9)lause %:.1 The Tenderer shall prepare one (1) ori-inal of the documents comprisin- the Tender as descri$ed in (TT Su$9)lause %A.1 and clearly mark it .BR(3(C64./ (n addition, the Tenderer shall prepare the num$er of copies of the Tender, as specified in the TDS and clearly mark each of them .)B*F./ (n the event of any discrepancy $et&een the ori-inal and the copies, the ori-inal shall prevail. The ori-inal and each copy of the Tender shall $e typed or &ritten in indeli$le ink and shall $e si-ned $y the person duly authoriDed to si-n on $ehalf of the Tenderer. This authoriDation shall consist of a &ritten authoriDation and shall $e attached to the Tenderer (nformation Sheet

,,. Tender! 2ormat and Si-nin-

,%.1

,%.%

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(2orm W9%). The name and position held $y each person si-nin- the authoriDation must $e typed or printed $elo& the si-nature. 6ll pa-es of the ori-inal and of each copy of the Tender, e1cept for un9amended printed literature, shall $e num$ered se'uentially and si-ned or initialled $y the person si-nin- the Tender. ,%., 6ny interlineations, erasures, or over&ritin- shall $e valid only if they are si-ned or initialled $y the person(s) si-nin- the Tender

E.
,8. Tender! Sealin- and @arkin-

Tender Submission

,,.1 The Tenderer shall enclose the ori-inal in one (1) envelope and all the copies of the Tender in another envelope, duly markin- the envelopes as .BR(3(C64/ and .)B*F./ These t&o (%) envelopes shall then $e enclosed in one (1) sin-le outer envelope. ,,.% The inner and outer envelopes shall! (a) $ear the name and address of the Tenderer0 ($) $e addressed to the Employer at the address specified in the TDS0 (c) $ear the name of the Tender and the Tender Cum$er as specified in the TDS0 and

(d $ear a statement .DB CBT B*EC "E2BREG..../ the time and date for Tender openin- as specified in the TDS..
,,., (f all envelopes are not sealed and marked as re'uired $y (TT Su$9 )lause ,,.%, the Employer &ill assume no responsi$ility for the misplacement or premature openin- of the Tender ,:. Tender! Su$mission Deadline ,8.1 Tenders must $e received $y the Employer at the address specified in (TT Su$ )lause ,,.% no later than the date and time specified in the TDS. ,8.% The Tender may $e hand delivered, posted $y re-istered mail or sent $y courier. The Employer shall, on re'uest, provide the Tenderer &ith a receipt sho&in- the date and time &hen its Tender &as received. ,8., The Employer may, at its discretion, e1tend the deadline for the su$mission of Tenders $y amendin- the Tender Document in accordance &ith (TT )lause 1A, in &hich case all ri-hts and o$li-ations of the Employer and Tenderers previously su$7ect to the deadline shall thereafter $e su$7ect to the ne& deadline as e1tended. ,;. Tender! Su$mitted 4ate ,?. Tender! @odification, Su$stitution or Withdra&al ,:.1 6ny Tender received $y the Employer after the deadline for su$mission of Tenders in accordance &ith (TT )lause ,8 shall $e declared late, &ill $e re7ected, and returned unopened to the Tenderer. , .1 6 Tenderer may modify, su$stitute or &ithdra& its Tender after it has $een su$mitted $y sendin- a &ritten notice, duly si-ned $y the same authoriDed representative, and shall include a copy of the authoriDation in accordance &ith (TT Su$9)lause ,%.%, (e1cept that no copies of the &ithdra&al notice are re'uired). The correspondin- su$stitution or modification of the Tender must accompany the respective &ritten notice. The &ritten notice must $e!

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(a) su$mitted in accordance &ith (TT )lauses ,% and ,, (e1cept that &ithdra&al notices do not re'uire copies), and in addition, the respective envelopes shall $e clearly marked .@BD(2()6T(BC/, .SE"ST(TET(BC/, BR .W(THDR6W64/0 and ($) received $y the Employer prior to the deadline prescri$ed for su$mission of Tenders, in accordance &ith (TT )lause ,8. , .% Tenders re'uested to $e &ithdra&n in accordance &ith (TT Su$9)lause , .1 shall $e returned unopened to the Tenderers, only after the Tender openin-. , ., Co Tender may $e modified, su$stituted, or &ithdra&n after the deadline for su$mission of Tenders specified in (TT )lause ,8. , .8 Tenderers may only offer discounts to, or other&ise modify the prices of their Tenders $y includin- Tender modifications in the ori-inal Tender su$mission, or $y su$mittin- Tender modifications in accordance &ith (TT Su$9)lause ,A.1.

F. Tender Openin and Evaluation

8A. Tender! Bpenin,+.1 The Employer shall open the Tenders in pu$lic, includin- modifications or su$stitutions made pursuant to (TT )lause , , at the time, on the date, and only at the one place specified in the TDS. Tenders for &hich an accepta$le notice of &ithdra&al has $een su$mitted pursuant to (TT )lause , shall not $e opened. Tenderers or their authorised representatives shall $e allo&ed to attend and &itness the openin- of Tenders, and shall si-n a re-ister evidencin- their attendance. ,+.% The name of the Tenderer, Tender modifications, su$stitutions or &ithdra&als, total amount of each Tender, num$er of corrections, discounts, and the presence or a$sence of re'uisite Tender Security, any alternatives, if so permitted, and such other details as the Employer, at its discretion, may consider appropriate, shall $e read out aloud and recorded. Bnly discounts and alternative offers read out at the Tender openin- shall $e considered for evaluation. 6ll pa-es of the ori-inal Tender, e1cept for un9amended printed literature, &ill $e initialled $y a minimum of three (,) mem$ers of the Employer<s Tender openin- committee. ,+., @inutes of the Tender openin- shall $e made $y the Employer and furnished to any Tenderer upon receipt of a &ritten re'uest. The minutes shall include, as a minimum! the name of the Tenderer and &hether there is a &ithdra&al, su$stitution, or modification0 the Tender *rice, per lot if applica$le, includin- any discounts and alternative offers0 and the presence or a$sence of a Tender Security, if one &as re'uired. ,+.8 Tenders not opened and read out at the Tender openin- shall not $e considered, irrespective of the circumstances, and shall $e returned unopened to the Tenderer. ,+.: Co Tender shall $e re7ected at the Tender openin-, e1cept for late Tenders, &hich shall $e returned unopened to the Tenderer pursuant

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to (TT )lause ,:. 81. Tender! )onfidentiality ,;.1 6fter the openin- of Tenders, information relatin- to the e1amination, clarification, and evaluation of Tenders and recommendations for a&ard shall not $e disclosed to Tenderers or other persons not officially concerned &ith the evaluation process until after the a&ard of the )ontract is announced. ,?.1 The Employer may ask Tenderers for clarification of their Tenders in order to facilitate the e1amination and evaluation of Tenders. The re'uest for clarification and the response shall $e in &ritin-, and any chan-es in the prices or su$stance of the Tender shall not $e sou-ht, offered or permitted, e1cept to confirm the correction of arithmetical errors discovered $y the Employer in the evaluation of the Tenders, in accordance &ith (TT )lause 8,. 8A.1 2ollo&in- the openin- of the Tenders and until the )ontract is si-ned no Tenderer shall make any unsolicited communication to the Employer or try in any &ay to influence the Employer<s e1amination and evaluation of the Tenders. 8A.% 6ny effort $y a Tenderer to influence the Employer in its decisions on the e1amination, evaluation, comparison, and post9'ualification of the Tenders or )ontract a&ard may result in the re7ection of its Tender. 8A., Cot&ithstandin- (TT Su$9)lause 8A.1, from the time of Tender openinto the time of )ontract a&ard, if any Tenderer &ishes to contact the Employer on any matter related to the tenderin- process, it should do so in &ritin-. 88. Tender! Responsive ness 81.1 The Employer<s determination of a Tender<s responsiveness is to $e $ased on the contents of the Tender itself &ithout recourse to e1trinsic evidence. 81.% 6 su$stantially responsive Tender is one that conforms in all respects to the re'uirements of the Tender Document &ithout material deviation, reservation, or omission. 6 material deviation, reservation, or omission is one that! (a) affects in any su$stantial &ay the scope, 'uality, performance of the Works specified in the )ontract0 or or

8%. Tender! )larification

8,. Tenderer! )ontactinthe Employer

($) limits in any su$stantial &ay, or is inconsistent &ith the Tender Document, the Employer<s ri-hts or the Tenderer<s o$li-ations under the )ontract0 or (c) if rectified &ould unfairly affect the competitive position of other Tenderers presentin- su$stantially responsive Tenders. 81., (f a Tender is not su$stantially responsive to the Tender Document, it shall $e re7ected $y the Employer and shall not su$se'uently $e made responsive $y the Tenderer $y correction of the material deviation, reservation, or omission.

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81.8 There shall $e no re'uirement as to the minimum num$er of responsive Tenders. 8:. Tender! Con9 conformities, Errors, and Bmissions 8%.1 The Employer may re-ard a Tender as responsive even if it contains minor deviations that do not materially alter or depart from the characteristics, terms, conditions and other re'uirement set forth in the Tender Document or if it contains errors or oversi-hts that are capa$le of $ein- corrected &ithout affectin- the su$stance of the Tender. 8%.% *rovided that a Tender is su$stantially responsive, the Employer may re'uest that the Tenderer su$mits the necessary information or documentation, &ithin a reasona$le period of time, to rectify nonmaterial nonconformities or omissions in the Tender related to documentation re'uirements. Such omission shall not $e related to any aspect of the rates of the Tender reflected in the *riced "ill of #uantities. 2ailure $y the Tenderer to comply &ith the re'uest may result in the re7ection of its Tender.

8 . Tender! )orrection of 6rithmetical Errors

8,.1 *rovided that the Tender is su$stantially responsive, the Employer shall correct arithmetical errors on the follo&in- $asis! (a) if there is a discrepancy $et&een the unit price and the line item total price that is o$tained $y multiplyin- the unit price and 'uantity, the unit price shall prevail and the line item total price shall $e corrected, unless in the opinion of the Employer there is an o$vious misplacement of the decimal point in the unit price, in &hich case the total price as 'uoted shall -overn and the unit price shall $e corrected0 ($) if there is an error in a total correspondin- to the addition or su$traction of su$totals, the su$totals shall prevail and the total shall $e corrected0 and (c) if there is a discrepancy $et&een &ords and fi-ures, the amount in &ords shall prevail, unless the amount e1pressed in &ords is related to an arithmetical error, in &hich case the amount in fi-ures shall prevail su$7ect to (a) and ($) a$ove. 8,.% 6ny arithmetical error or other discrepancies as stated in (TT Su$9 )lause 8,.1 shall $e immediately notified to the concerned Tenderer. 8,., 6ny Tenderer that does not accept the correction of errors, as determined $y the application of (TT Su$9)lause 8,.1, shall $e dis'ualified and its Tender Security may $e forfeited.

8+. Tender! *reliminary E1amination

44.1 The Employer shall firstly e1amine the Tenders to confirm that all
documentation re'uested in (TT )lause %A has $een provided, and to determine the completeness of each document su$mitted.

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88.% The Employer shall assess &hether the Tenderer<s #ualifications as per Section ) are su$stantially met. 6ny ne-ative determination $y the Employer &ill result in re7ectin- the Tender as non9responsive &ithout the need for further evaluation as per (TT clauses 8: and 8 . 8;. Tender! Technical Evaluation 8:.1 The Employer shall secondly e1amine the Tender to confirm that all terms and conditions specified in the 3)) and the *)) have $een accepted $y the Tenderer &ithout any material deviation or reservation. 8:.% The Employer shall evaluate the technical aspects of the Tender su$mitted in accordance &ith (TT )lauses % and %+, to confirm that all re'uirements specified in Section +! 3eneral Specifications and Section ;! *articular Specifications of the Tender Document have $een met &ithout any material deviation or reservation. 8:., (f, after the e1amination of the terms and conditions and the technical aspects of the Tender, the Employer determines that the Tender is not su$stantially responsive in accordance &ith (TT Su$9)lause 81.,, it shall re7ect the Tender. 8?. Tender! 2inancial Evaluation 8 .1 The Employer shall thirdly evaluate each Tender that has $een determined, up to this sta-e of the evaluation, to $e su$stantially responsive. 8 .% To evaluate a Tender, the Employer shall consider the follo&in-! (a) the Tender price, e1cludin- *rovisional Sums and the provision, if any, for contin-encies in the Summary "ill of #uantities, $ut includin- Day&ork, &here priced competitively0 ($) price ad7ustment for correction of arithmetical errors pursuant to (TT Su$9)lause 8,.10 (c) appropriate ad7ustments in order to take into consideration discounts or other price modifications offered pursuant to (TT Su$9)lause %,.80 (d) appropriate ad7ustments for any other accepta$le variations or deviations pursuant to (TT Su$9)lause 8%.10 and (e) application of all the evaluation factors indicated in (TT )lause 11. 8 ., >ariations, deviations, and alternative offers and other factors &hich are in e1cess of the re'uirements of the Tender Document or other&ise result in unsolicited $enefits for the Employer &ill not $e taken into account in Tender evaluation. 8 .8 The estimated effect of any price ad7ustment provisions under 3)) )lause , applied over the period of e1ecution of the )ontract, shall not $e taken into account in Tender evaluation. 8 .: (f so indicated in the TDS ((TT Su$9)lause %,. ), the Tender Document shall allo& Tenderers to 'uote separate prices for one or more lots, and shall allo& the Employer to a&ard one or multiple lots to more than one Tenderer follo&in- the methodolo-y specified in (TT Su$9)lause 8 . .

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8 .

To determine the lo&est9evaluated lot or com$ination of lots, the Employer shall take into account! (a) The e1perience and resources sufficient to meet the a--re-ate of the 'ualifyin- criteria for the individual lot0 ($) the lo&est9evaluated Tender for each lot calculated in accordance &ith the re'uirements of Evaluation )riteria0 (c) the price reduction per lot or com$ination of lots and the methodolo-y for their application as offered $y the Tenderer in its Tender0 and (d) the )ontract9a&ard se'uence that provides the optimum economic com$ination takin- into account any limitations due to constraints in Works or e1ecution capacity determined in accordance &ith the post9'ualification criteria under (TT )lause 8?.

8 .+ (f the lo&est Evaluated Tender is seriously un$alanced or front loaded in the opinion of the Employer, the Employer may re'uire the Tenderer to produce detailed price analysis for any or all items of the "B#, to demonstrate the internal consistency of those prices &ith the construction methods and schedule proposed. 6fter evaluation of the price analysis, takin- into consideration the schedule of estimated )ontract payments, the Employer may re'uire that the amount of the *erformance Security set forth in (TT )lause :, $e increased at the e1penses of the Tenderer to a level sufficient to protect the Employer a-ainst financial loss in the event of default $y such Tenderer durin)ontract implementation, if a&arded the contract. :A. Tender! Co Ce-otiation 8+.1 Co ne-otiations shall $e held &ith the lo&est or any other Tenderer. 8+.% 6 Tenderer shall not $e re'uired, as a condition for a&ard, to undertake responsi$ilities not stipulated in the Tender documents, to chan-e its price, or other&ise to modify its Tender. :1. Tender! )omparison :%. Tenderer! *ost9 'ualification 8;.1 The Employer shall compare all su$stantially responsive Tenders to determine the lo&est9evaluated Tender, in accordance &ith (TT )lause 8 . 8?.1 The Employer shall determine to its satisfaction &hether the Tenderer that is selected as havin- su$mitted the lo&est evaluated and su$stantially responsive Tender is 'ualified to perform the )ontract satisfactorily. 8?.% The determination shall $e $ased upon an e1amination of the documentary evidence of the Tenderer<s 'ualifications su$mitted $y the Tenderer, pursuant to (TT )lause %;, to clarifications in accordance &ith (TT )lause ,? and the 'ualification criteria indicated in (TT )lauses 11 to 1 inclusive. 2actors not included therein shall not $e used in the evaluation of the Tenderer<s 'ualification. 8?., 6n affirmative determination shall $e a prere'uisite for a&ard of the )ontract to the Tenderer. 6 ne-ative determination shall result in re7ection of the Tenderer<s Tender, in &hich event the Employer shall

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proceed to the ne1t lo&est evaluated Tender to make a similar determination of that Tenderer<s capa$ilities to perform satisfactorily :,. Tenders! Employer<s Ri-ht to 6ccept or to Re7ect 6ny or 6ll :A.1 The Employer reserves the ri-ht to accept any Tender, to annul the Tender proceedin-s, or to re7ect any or all Tenders, at any time prior to )ontract a&ard, &ithout there$y incurrin- any lia$ility to Tenderers, or any o$li-ation to inform Tenderers of the -rounds for the Employer<s actions.

G.
:8. 6&ard )riteria

Contract A!ard

:1.1 The Employer shall a&ard the )ontract to the Tenderer &hose offer is su$stantially responsive to the Tender Document and that has $een determined to $e the lo&est evaluated Tender, provided further that the Tenderer is determined to $e 'ualified to perform the )ontract satisfactorily. :%.1 *rior to the e1piration of the period of Tender validity, the Employer shall notify the successful Tenderer, in &ritin-, that its Tender has $een accepted. :%.% Entil a formal contract is prepared and e1ecuted, the Cotification of 6&ard shall constitute a $indin- )ontract. :%., The Cotification of 6&ard shall state the value of the proposed )ontract, the amount of the *erformance Security, the time &ithin &hich the *erformance Security shall $e su$mitted and the time &ithin &hich the )ontract shall $e si-ned.

::. Cotification of 6&ard

: . *erformance Security

:,.1 Within fourteen (18) days of the receipt of Cotification of 6&ard from the Employer, the successful Tenderer shall furnish the *erformance Security for the due performance of the )ontract in the amount specified in the TDS usin- for that purpose the *erformance Security 2orm (2orm W9 ) furnished in Section :! Tender and )ontract 2orms. :,.% The *erformance Security shall $e valid until a date t&enty ei-ht (%;) days after the date of issue of the certificate of completion. :,., The proceeds of the *erformance Security shall $e paya$le to the Employer unconditionally upon first &ritten demand as compensation for any loss resultin- from the )ontractor<s failure to complete its o$li-ations under the )ontract.

:+. )ontract Si-nin-

:8.1 6t the same time as the Employer issues the Cotification of 6&ard, the Employer shall send the )ontract 6-reement and all documents formin- the )ontract, to the successful Tenderer. :8.% Within t&enty9one (%1) days of receipt of the )ontract 6-reement, the successful Tenderer shall si-n, date, and return it to the Employer. :8., 2ailure of the successful Tenderer to su$mit the *erformance

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Security, pursuant to (TT Su$9)lause :,.1, or si-n the )ontract, pursuant to (TT Su$9)lause :8.%, shall constitute sufficient -rounds for the annulment of the a&ard and forfeiture of the Tender Security. (n that event, the Employer may a&ard the )ontract to the ne1t lo&est evaluated responsive Tenderer at their 'uoted price (corrected for arithmetical errors), &ho is assessed $y the Employer to $e 'ualified to perform the )ontract satisfactorily. :8.8 (mmediately upon receipt of the si-ned )ontract 6-reement and *erformance Security from the successful Tenderer, the Employer shall dischar-e and return the successful Tenderer<s Tender Security. :;. 6dvisinEnsuccessful Tenderers ::.1 Epon the successful Tenderer<s furnishin- of the *erformance Security pursuant to (TT )lause :,, and si-nin- of the )ontract pursuant to (TT )lause :8, the Employer shall also notify all other Tenderers that their Tenders have $een unsuccessful. ::.% The Employer shall promptly respond in &ritin- to any unsuccessful Tenderer &ho, after notification in accordance &ith (TT Su$9)lause ::.1, re'uests in &ritin- for the Employer to communicate the -rounds on &hich its Tender &as not selected. :?. 6d7udicator : .1 The Employer proposes the person named in the TDS to $e appointed as 6d7udicator under the )ontract, at an hourly fee and for those reim$ursa$le e1penses specified in the TDS. : .% (f the Tenderer disa-rees &ith this proposal, the Tenderer should state so in its Tender. (f, in the Cotification of 6&ard, the Employer and the Tenderer has still not a-reed on the appointment of the 6d7udicator, the 6d7udicator shall $e appointed $y the 6ppointin6uthority desi-nated in the TDS. A. Tenderer<s Ri-ht to )omplain :+.1 6ny Tenderer has the ri-ht to complain if it has suffered or may suffer loss or dama-e due to a $reach of a duty imposed on the Employer $y the *u$lic *rocurement Re-ulations %AA, (**R). :+.% The complaint shall firstly $e processed throu-h an administrative revie& follo&in- the procedures set out in Re-ulation :1 of the **R. The place and address for the first step in the su$mission of complaints to the 6dministrative 6uthority is provided in the TDS. :+., (f not satisfied &ith the outcome of the administrative revie&, the Tenderer may complain to the Revie& *anel pursuant to Re-ulation :, of the **R.

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