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Section 1. Instructions to Bidders/Tenderers

A. General

1. Scope ofTender

1.1 The Employer, as indicated in the Tender Data Sheet (TDS) issues thisTender Document for the procurement of Works and Related Servicesincidental thereto as specified in the TDS and as detailed in Section !"ill of #uantities. The name of the Tender and the num$er andidentification of its constituent lot(s) are stated in the TDS.

1.% The successful Tenderer &ill $e re'uired to complete the Works $y thentended ompletion Date specified in the *articular onditions ofontract (*).+

1. Throu-hout this Tender Document!

(a) the term in &ritin-/ means communicated in &ritten form &ithproof of receipt0

($) if the contet so re'uires, sin-ular means plural and vice versa0and

(c) day/ means calendar day.

%. Source of2unds

%.1 The Employer has $een allocated pu$lic funds as indicated in theTDS and intends to apply a portion of the funds to eli-i$lepayments under the ontract for &hich this Tender Document isissued.

%.% 2or the purpose of this provision, pu$lic funds/ means anymonetary resources appropriated to procurin- entities under3overnment $ud-et, or revenues -enerated $y statutory $odiesand corporations, or aid -rants and credits put at the disposal ofprocurin- entities $y the development partners throu-h the3overnment.

%. *ayments $y the development partner, if so indicated in the TDS,&ill $e made only at the re'uest of the 3overnment and uponapproval $y the development partner in accordance &ith theapplica$le 4oan5 redit5 3rant 6-reement, and &ill $e su$7ect inall respects to the terms and conditions of that 6-reement.

. orrupt,2raudulent,ollusive oroercive*ractices

.1 The 3overnment re'uires that Employers, as &ell as Tenderers andontractors, shall o$serve the hi-hest standard of ethics durin- theimplementation of procurement proceedin-s and the eecution ofontracts under pu$lic funds.

.% n pursuance of this re'uirement, the Employer shall !

(a) eclude the Tenderer from participation in theprocurement proceedin-s concerned or re7ect a proposal fora&ard0 and

($) declare a Tenderer ineli-i$le, either indefinitely orfor a stated period of time, from participation in procurement

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proceedin-s under pu$lic funds0

if it, at any time, determines that the Tenderer has en-a-ed incorrupt, fraudulent, collusive or coercive practices in competin- for,

or in eecutin-, a ontract under pu$lic funds.

. Should any corrupt, fraudulent, collusive or coercive practice of anykind come to the kno&led-e of the Employer, it shall, in the firstplace, allo& the Tenderer to provide an eplanation and shall, takeactions only &hen a satisfactory eplanation is not received. Sucheclusion and the reasons thereof, shall $e recorded in the record ofthe procurement proceedin-s and promptly communicated to theTenderer concerned. 6ny communications $et&een the Tendererand the Employer related to matters of alle-ed fraud or corruptionshall $e in &ritin-.

.8 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 *rocurin-Entity or other -overnmental5private authority or individual a-ratuity in any form, an employment or any other thin- orservice of value, as an inducement &ith respect to an act ordecision of, or method follo&ed $y, a *rocurin- Entity inconnection &ith the procurement proceedin-0

($) fraudulent practice/ means a misrepresentation or omission offacts in order to influence a procurement proceedin- or the

eecution of a ontract to the detriment of the Employer0(c) collusive practice/ means a scheme or arran-ement amon-

t&o and more Tenderers &ith or &ithout the kno&led-e of theEmployer (prior to or after Tender su$mission) desi-ned toesta$lish Tender prices at artificial, non9competitive levels andto deprive the Employer of the $enefits of free, open and-enuine competition0 and

(d) coercive practice/ means harmin- or threatenin- to harm,directly or indirectly, persons or their property to influence theprocurement proceedin-s, or affect the eecution of aontract.

.: The Tenderer shall $e a&are of the provisions on fraud andcorruption stated in 3 lause and 3 Su$9lause +;.1($.vi).

. The 3overnment re'uires that the Employer

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individuals, or company, association or any com$ination of themunder a-reement in the form of an intended or eistin- 7ointventure, consortium or association (=>6), invited to take part inpu$lic procurement or seekin- to $e so invited or su$mittin- aTender 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$contractor arran-ement &herethe entire responsi$ility for contract eecution rests &ith theontractor.

8. 6 3overnment9o&ned enterprise in "an-ladesh may alsoparticipate in the Tender if it is le-ally and financially autonomous,it operates under commercial la&, and it is not a dependenta-ency of the Employer.

8.8 The Tender shall provide in Section :! Tender and ontract 2orms, a

statement that the Tenderer (includin- all mem$ers of a =>6) is notassociated, 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.

8.: The Tenderer shall not $e under a declaration of ineli-i$ility forcorrupt, fraudulent, collusive or coercive practices in accordance &ithTT Su$9lause .%.

8. The Tenderer &ith a consistent history of liti-ation or a num$er ofar$itration a&ards a-ainst it, shall not $e eli-i$le to Tender. TheTenderer shall supply the information re'uested in para .8 of the

Tenderer nformation Sheet (2orm W9%)

8.+ The Tenderer shall have the le-al capacity to enter into the ontract.

8.; The Tenderer shall not $e insolvent, $e in receivership, $e$ankrupt or $ein- &ound up, its $usiness activities shall not $esuspended, and it shall not $e the su$7ect of le-al proceedin-s forany of the fore-oin-.

8.? The Tenderer shall have fulfilled its o$li-ations to pay taes andsocial security contri$utions under the relevant national la&s and

re-ulations.

:. Eli-i$le@aterials,E'uipmentand Services

:.1 6ll materials, e'uipment and services to $e supplied under theontract are eli-i$le, unless their ori-in is from a country specified inthe TDS.

:.% 2or purposes of this clause, ori-in/ means the place &here thematerials and e'uipment are mined, -ro&n, produced ormanufactured, or the place from &hich the related services aresupplied.

:. The ori-in of materials and e'uipment and services is distinct from the


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en'uiry $ut &ithout identifyin- its source.

;. Should the Employer deem it necessary to amend the TenderDocument as a result of a clarification, it shall do so follo&in- theprocedure under TT lause 1A and TT Su$9lause 8..

?. TenderDocument!*re9Tender@eetin-

?.1 To clarify issues and to ans&er 'uestions on any matter arisin- in theTender Document, the Employer may, if stated in the TDS, inviteprospective Tenderers to attend a *re9Tender @eetin- at the place,date and time as specified in the TDS. Tenderers are encoura-ed toattend the meetin-, if it is held.

?.% The Tenderer is re'uested to su$mit any 'uestions in &ritin- so asto reach the Employer not later than five (:) daysprior to the date ofthe meetin-.

?. @inutes of the pre9Tender meetin-, includin- the tet of the

'uestions raised and the responses -iven, to-ether &ith anyresponses prepared after the meetin-, &ill $e transmitted &ithinseven (+) days to all those &ho purchased the Tender document.6ny modification to the Tender document listed in TT Su$9lause+.1 that may $ecome necessary as a result of the pre9Tendermeetin- shall $e made $y the Employer eclusively throu-h theissue of an 6ddendum pursuant to TT lause 1A and not throu-hthe minutes of the pre9Tender meetin-.

?.8 Con9attendance at the pre9Tender meetin- &ill not $e a cause fordis'ualification of a Tenderer

1A. TenderDocument!6mendment

1A.1 6t any time prior to the deadline for su$mission of Tenders, theEmployer, for any reason, on its o&n initiative or in response to aclarification re'uest in &ritin- from a Tenderer, havin- purchased theTender Document, may amend the Tender Document $y issuin- anamendment.

1A.% 6ny amendment issued shall $ecome an inte-ral part of the TenderDocument and shall $e communicated in &ritin- to all those &ho havepurchased the Tender Document.

1A. To -ive a prospective Tenderer reasona$le time in &hich to take anamendment into account in preparin- its Tender, the Employer may, atits discretion, etend the deadline for the su$mission of Tenders,

pursuant to TT Su$9lause 8.. n the event that an amendment isissued &ith a period of only one third or less of the Tenderin- periodremainin-, then the deadline for the su$mission of Tenders may $eetended $y the Employer, if so re'uested $y a su$stantial num$er ofTenderers.

C. Evaluation and Qualification Criteria

11. Evaluationriteria

11.1 The follo&in- evaluation criteria &ill $e applica$le, unless other&iseindicated in the TDS!

(a) completion time0 and

($) ad7ustments for minor deviations on su$stantially responsivetenders.


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order, as specified in the TDS.

1. =oint >enture,onsortiumor6ssociation

(=>6)

1.1 The fi-ures for each of the partners of a =>6 shall $e added to-etherto determine the Tenderer6. 6 Tenderer &ho su$mits orparticipates in more than one (1) Tender &ill cause all the Tenders

&ith that Tenderer

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ontract, if its Tender is accepted0

(h) description of &ork method and schedule inaccordance &ith TT lause %+0 and

(i any other document as specified in the TDS.

%1. Tender!Su$missionSheet and "illof #uantities

%1.1 The Tenderer shall su$mit the Tender Su$mission Sheet (2orm W91)furnished in Section :! Tender and ontract 2orms. This documentshall $e completed &ithout any alterations to its format, fillin- in all$lank spaces &ith the information re'uested, failin- &hich the Tendermay $e re7ected as $ein- incomplete.

%1.% The Tenderer shall su$mit the priced "ill of #uantities usin- the formfurnished 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 maydo so, $ut shall ensure that each correction is suita$le initialled $y theauthorised person of the Tenderer and that a statement shall $e madeas to the total num$er of corrections made, at the end of the priced "illof #uantities.

%%. Tender!6lternatives

%%.1 nless other&ise stated in the TDS, alternative Tenders shall not $econsidered.

%%.% f so allo&ed in the Tender Data Sheet, Tenderers &ishin- to offertechnical alternatives to the re'uirements of the Tender Documentsmust also su$mit a Tender that complies &ith the re'uirements of theTender Documents, includin- the $asic technical desi-n as indicatedin the dra&in-s and specifications. n addition to su$mittin- the $asicTender, the Tenderer shall provide all information necessary for acomplete evaluation of the alternative(s) $y the Employer, includin-desi-n calculations, technical specifications, $reakdo&n of prices,proposed construction methods and other relevant details. Bnly thetechnical alternatives, if any, of the lo&est evaluated Tenderconformin- to the $asic technical re'uirements shall $e considered $ythe Employer.

%%. When alternative times for completion are eplicitly invited, astatement to that effect &ill $e included in the TDS, as &ill the methodof evaluatin- different times for completion.

%. Tender! *ricesand Discounts

%.1 The prices and discounts 'uoted $y the Tenderer in the TenderSu$mission Sheet (2orm W1) and in the "ill of #uantities shallconform to the re'uirements specified $elo&.

%.% The Tenderer shall fill in rates and prices for all items of the Worksdescri$ed in the "ill of #uantities ("B#). tems a-ainst &hich no rateor price is entered $y the Tenderer &ill not $e paid for $y theEmployer &hen eecuted and shall $e deemed covered $y the rates

for other items and prices in the "B#.

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%. The price to $e 'uoted in the Tender Su$mission Sheet, inaccordance &ith TT Su$9lause %.1, shall $e the total price of theTender, ecludin- any discounts offered.

%.8 The Tenderer shall 'uote any unconditional discounts and the

methodolo-y for their application in the Tender Su$mission Sheet, inaccordance &ith TT Su$9lause %.1.

23.5 nless other&ise provided in the TDS and the *, the rates andprices 'uoted $y the Tenderer are su$7ect to ad7ustment durin- theperformance of the ontract in accordance &ith the provisions of3 lause . The Tenderer shall furnish the indices and&ei-htin-s for the price ad7ustment formulae in the *. TheEmployer 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$ination of lots. Tenderers &ishin- to offer any pricereduction for the a&ard of more than one lot shall specify in theirTender the price reductions applica$le to each lot, or alternatively, toany com$ination of lots &ithin the packa-e. *rice reductions ordiscounts &ill $e considered in the Tender evaluation, provided theTenders for all lots are su$mitted and opened at the same time.

%.+ 6ll duties, taes and other levies paya$le $y the ontractor underthe ontract, or for any other causes, as of the date t&enty9ei-ht(%;) days prior to the deadline for su$mission of Tenders, shall $eincluded in the rates and prices and the total Tender *ricesu$mitted $y the Tenderer.

%8. Tender!urrency

%8.1 6ll prices shall $e 'uoted in "an-ladesh Taka.

%:. DocumentsEsta$lishin-Eli-i$ility of theTenderer

%:.1 The Tenderer shall su$mit documentary evidence to esta$lish itseli-i$ility in accordance &ith TT lause 8, and in particular, shall!

(a) complete the eli-i$ility declarations in the Tender Su$missionSheet (2orm W91), included in Section :, Tender and ontract2orms0 and

($) if in accordance &ith TT Su$9lause 8.%, the Tenderer is an

eistin- or intended =>6, it must su$mit the Tenderernformation Sheet (2orm W9%) and a copy of the =>66-reement, or a letter of intent to enter into such ana-reement. The respective document shall $e si-ned $y allle-ally authorised si-natories of all the parties to the eistin- orintended =>6, as appropriate.

%. DocumentsEsta$lishin-the Eli-i$ility

%.1 The Tenderer shall su$mit documentary evidence to esta$lish theori-in of all materials, e'uipment and services to $e supplied underthe ontract in accordance &ith TT lause :.

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andonformity of@aterials,E'uipmentand Services

%.% To esta$lish the conformity of the materials, e'uipment and servicesto $e supplied under the ontract, the Tenderer shall furnish, as partof its Tender, the documentary evidence (&hich may $e in the form ofliterature, dra&in-s or data) that these conform to the technicalspecifications and standards specified in Section +, 3eneral

Specifications and Section ;, *articular Specifications.%;. Documents

Esta$lishin- theonformity ofthe TechnicalSpecification

%+.1 The Tenderer shall furnish a Technical Specification includin- astatement of &ork methods and schedule and any other informationas stipulated in TDS, in sufficient detail to demonstrate the ade'uacyfor the Tenderers< su$mission to meet the &ork re'uirements and thecompletion time.

%?. DocumentsEsta$lishin-the Tenderer

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TDS!

(a) the Tenderer shall include all the information listed inTT Su$9lause %;. for each =>6 partner0

(b the Tender shall $e si-ned so as to $e le-ally $indin-

on all partners#

(c) all partners shall $e 7ointly and severally lia$le for theeecution of the ontract in accordance &ith the ontractterms0

(d) one of the partners &ill $e nominated as $ein- inchar-e, authoried to incur lia$ilities, and receive instructionsfor and on $ehalf of any and all partners of the 7oint venture0and

(e) the eecution of the entire ontract, includin- payment,shall $e done eclusively &ith the partner in char-e.

A. Tenderer!Dis'ualification

%?.1 The Employer shall dis'ualify a Tenderer &ho su$mits a documentcontainin- false information for purposes of 'ualification ormisleadsor makes false representations in provin- its'ualificationre'uirements. f such an occurrence is proven, the Employer maydeclare such a Tenderer ineli-i$le, either indefinitely or for a statedperiod of time, from participation in future procurementproceedin-s.

%?.% TheEmployermay dis'ualify a Tenderer&ho has record of poorperformance such as a$andonin- the &orks, not properlycompletin- the ontract, inordinate delays, liti-ation history orfinancial failures.

1. Tender!>alidity

A.1 Tenders shall remain valid for the period specified in the TDS after thedate of Tender su$mission prescri$ed $y the Employer, pursuant toTT lause 8. 6 Tender valid for a shorter period shall $e re7ected $ythe Employer as non responsive.

A.% n eceptional circumstances, prior to the epiration of the Tendervalidity period, the Employer may solicit the Tenderers consent to an

etension of the period of validity of their Tenders. The re'uest andthe responses shall $e made in &ritin-. The Tender Security providedunder TT lause 1 shall also $e suita$ly etended promptly. f aTenderer does not respond or refuses the re'uest it shall not forfeit itsTender Security, $ut its Tender shall no lon-er $e considered in theevaluation proceedin-s. 6 Tenderer a-reein- to the re'uest &ill not$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 inori-inal form (2orm W9) and in the amount specified in the TDS.

1.% The Tender Security shall!

(a) at the Tenderer

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(2orm W9%). The name and position held $y each person si-nin- theauthoriation must $e typed or printed $elo& the si-nature. 6ll pa-esof the ori-inal and of each copy of the Tender, ecept for un9amendedprinted literature, shall $e num$ered se'uentially and si-ned orinitialled $y the person si-nin- the Tender.

%. 6ny interlineations, erasures, or over&ritin- shall $e valid only if theyare si-ned or initialled $y the person(s) si-nin- the Tender

E. Tender Submission

8. Tender!Sealin- and@arkin-

.1 The Tenderer shall enclose the ori-inal in one (1) envelope and all thecopies of the Tender in another envelope, duly markin- the envelopesas BR3C64/ and B*F./ These t&o (%) envelopes shall then $eenclosed 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 asspecified 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$9lause .%, the Employer &ill assume no responsi$ility for themisplacement or premature openin- of the Tender

:. Tender!Su$missionDeadline

8.1 Tenders must $e received $y the Employer at the address specified inTT Su$ lause .% no later than the date and time specified in theTDS.

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 areceipt sho&in- the date and time &hen its Tender &as received.

8. The Employer may, at its discretion, etend the deadline for thesu$mission of Tenders $y amendin- the Tender Document inaccordance &ith TT lause 1A, in &hich case all ri-hts and o$li-ations

of the Employer and Tenderers previously su$7ect to the deadline shallthereafter $e su$7ect to the ne& deadline as etended.

;. Tender!Su$mitted4ate

:.1 6ny Tender received $y the Employer after the deadline for su$missionof Tenders in accordance &ith TT lause 8 shall $e declared late, &ill$e re7ected, and returned unopened to the Tenderer.

?. Tender!@odification,Su$stitutionor Withdra&al

.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 sameauthoried representative, and shall include a copy of the authoriationin accordance &ith TT Su$9lause %.%, (ecept that no copies of the&ithdra&al notice are re'uired). The correspondin- su$stitution or

modification of the Tender must accompany the respective &rittennotice. The &ritten notice must $e!


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(a) su$mitted in accordance &ith TT lauses % and (eceptthat &ithdra&al notices do not re'uire copies), and in addition,the respective envelopes shall $e clearly marked@BD26TBC/, S"STTTBC/, BRWTHDR6W64/0 and

($) received $y the Employer prior to the deadline prescri$ed forsu$mission of Tenders, in accordance &ith TT lause 8.

.% Tenders re'uested to $e &ithdra&n in accordance &ith TT Su$9lause.1 shall $e returned unopened to the Tenderers, only after theTender openin-.

. Co Tender may $e modified, su$stituted, or &ithdra&n after thedeadline for su$mission of Tenders specified in TT lause 8.

.8 Tenderers may only offer discounts to, or other&ise modify the pricesof their Tenders $y includin- Tender modifications in the ori-inalTender su$mission, or $y su$mittin- Tender modifications inaccordance &ith TT Su$9lause A.1.

F. Tender Openin and Evaluation

8A. Tender!Bpenin-

+.1 The Employer shall open the Tenders in pu$lic, includin- modificationsor su$stitutions made pursuant to TT lause , at the time, on thedate, and only at the one place specified in the TDS. Tenders for &hichan accepta$le notice of &ithdra&al has $een su$mitted pursuant to TTlause shall not $e opened. Tenderers or their authorisedrepresentatives shall $e allo&ed to attend and &itness the openin- ofTenders, 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 TenderSecurity, any alternatives, if so permitted, and such other details asthe Employer, at its discretion, may consider appropriate, shall $eread out aloud and recorded. Bnly discounts and alternative offersread out at the Tender openin- shall $e considered for evaluation.6ll pa-es of the ori-inal Tender, ecept for un9amended printedliterature, &ill $e initialled $y a minimum of three () mem$ers of theEmployer

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to TT lause :.

81. Tender!onfidentiality

;.1 6fter the openin- of Tenders, information relatin- to the eamination,clarification, and evaluation of Tenders and recommendations fora&ard shall not $e disclosed to Tenderers or other persons not officially

concerned &ith the evaluation process until after the a&ard of theontract is announced.

8%. Tender!larification

?.1 The Employer may ask Tenderers for clarification of their Tenders inorder to facilitate the eamination and evaluation of Tenders. There'uest for clarification and the response shall $e in &ritin-, and anychan-es in the prices or su$stance of the Tender shall not $e sou-ht,offered or permitted, ecept to confirm the correction of arithmeticalerrors discovered $y the Employer in the evaluation of the Tenders, inaccordance &ith TT lause 8.

8. Tenderer!

ontactin-the Employer

8A.1 2ollo&in- the openin- of the Tenders and until the ontract is

si-ned no Tenderer shall make any unsolicited communication tothe Employer or try in any &ay to influence the Employer

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81.8 There shall $e no re'uirement as to the minimum num$er ofresponsive Tenders.

8:. Tender! Con9conformities,

Errors, andBmissions

8%.1 The Employer may re-ard a Tender as responsive even if it containsminor deviations that do not materially alter or depart from the

characteristics, terms, conditions and other re'uirement set forth in theTender Document or if it contains errors or oversi-hts that are capa$leof $ein- corrected &ithout affectin- the su$stance of the Tender.

8%.% *rovided that a Tender is su$stantially responsive, the Employer mayre'uest that the Tenderer su$mits the necessary information ordocumentation, &ithin a reasona$le period of time, to rectifynonmaterial nonconformities or omissions in the Tender related todocumentation re'uirements. Such omission shall not $e related toany 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 of6rithmeticalErrors

8.1 *rovided that the Tender is su$stantially responsive, the Employershall correct arithmetical errors on the follo&in- $asis!

(a) if there is a discrepancy $et&een the unit price and the line itemtotal price that is o$tained $y multiplyin- the unit price and'uantity, the unit price shall prevail and the line item total priceshall $e corrected, unless in the opinion of the Employer there

is an o$vious misplacement of the decimal point in the unitprice, in &hich case the total price as 'uoted shall -overn andthe unit price shall $e corrected0

($) if there is an error in a total correspondin- to the addition orsu$traction of su$totals, the su$totals shall prevail and the totalshall $e corrected0 and

(c) if there is a discrepancy $et&een &ords and fi-ures, the amountin &ords shall prevail, unless the amount epressed in &ords isrelated to an arithmetical error, in &hich case the amount infi-ures shall prevail su$7ect to (a) and ($) a$ove.

8.% 6ny arithmetical error or other discrepancies as stated in TT Su$9lause 8.1 shall $e immediately notified to the concernedTenderer.

8. 6ny Tenderer that does not accept the correction of errors, asdetermined $y the application of TT Su$9lause 8.1, shall $edis'ualified and its Tender Security may $e forfeited.

8+. Tender!*reliminaryEamination

44.1 The Employer shall firstly eamine the Tenders to confirm that alldocumentation 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

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8. To determine the lo&est9evaluated lot or com$ination of lots, theEmployer shall take into account!

(a) The eperience and resources sufficient to meet the a--re-ateof the 'ualifyin- criteria for the individual lot0

($) the lo&est9evaluated Tender for each lot calculated inaccordance &ith the re'uirements of Evaluation riteria0

(c) the price reduction per lot or com$ination of lots and themethodolo-y for their application as offered $y the Tenderer inits Tender0 and

(d) the ontract9a&ard se'uence that provides the optimumeconomic com$ination takin- into account any limitations due toconstraints in Works or eecution capacity determined inaccordance &ith the post9'ualification criteria under TT lause8?.

8.+ f the lo&est Evaluated Tender is seriously un$alanced or front loadedin the opinion of the Employer, the Employer may re'uire the Tendererto produce detailed price analysis for any or all items of the "B#, todemonstrate the internal consistency of those prices &ith theconstruction methods and schedule proposed. 6fter evaluation of theprice analysis, takin- into consideration the schedule of estimatedontract payments, the Employer may re'uire that the amount of the*erformance Security set forth in TT lause : $e increased at theepenses of the Tenderer to a level sufficient to protect the Employera-ainst financial loss in the event of default $y such Tenderer durin-ontract implementation, if a&arded the contract.

:A. Tender! CoCe-otiation

8+.1 Co ne-otiations shall $e held &ith the lo&est or any other Tenderer.

8+.% 6 Tenderer shall not $e re'uired, as a condition for a&ard, toundertake responsi$ilities not stipulated in the Tender documents, tochan-e its price, or other&ise to modify its Tender.

:1. Tender!omparison

8;.1 The Employer shall compare all su$stantially responsive Tenders todetermine the lo&est9evaluated Tender, in accordance &ith TT lause8.

:%. Tenderer!*ost9'ualification

8?.1 The Employer shall determine to its satisfaction &hether the Tendererthat is selected as havin- su$mitted the lo&est evaluated andsu$stantially responsive Tender is 'ualified to perform the ontractsatisfactorily.

8?.% The determination shall $e $ased upon an eamination of thedocumentary evidence of the Tenderer

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proceed to the net lo&est evaluated Tender to make a similardetermination of that Tenderer

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Security, pursuant to TT Su$9lause :.1, or si-n the ontract,pursuant to TT Su$9lause :8.%, shall constitute sufficient -roundsfor the annulment of the a&ard and forfeiture of the Tender Security.n that event, the Employer may a&ard the ontract to the net lo&estevaluated responsive Tenderer at their 'uoted price (corrected for

arithmetical errors), &ho is assessed $y the Employer to $e 'ualifiedto perform the ontract satisfactorily.

:8.8 mmediately upon receipt of the si-ned ontract 6-reement and*erformance Security from the successful Tenderer, the Employershall dischar-e and return the successful Tenderer