e-PS5 Consulting Firm Simple Lump Sum Participation Guideline

01How e-PS5 Selection Works

e-PS5 is used after an Expression of Interest. If your firm was short-listed, the Procuring Entity (the Client) sends a Letter of Invitation with the RFP. You compete only against the other short-listed firms, for a fixed lump sum paid as you deliver agreed outputs.

1. Read the RFP: the PDS tells you the method (QCBS, FBS, LCS etc.), staff-months or budget, criteria and validity.
2. Ask questions through e-GP before two-thirds of the preparation time has passed; attend the online pre-proposal meeting if held.
3. Form any JV or sub-consultancy within the rules, and confirm your key staff.
4. Prepare the technical proposal (Forms 5A) and the financial proposal (Forms 5B) and submit both on e-GP before the deadline.
5. Technical proposals are scored; only those with 70+ points have their financial proposals opened, in public.
6. The top-ranked firm negotiates, receives a Letter of Acceptance, gives any performance security and signs.
7. Deliver the outputs and invoice as each one is accepted.

02Eligibility and Conflict of Interest

Your firm, and each JV partner and sub-consultant, must:

• Be named in the Letter of Invitation (JV partners and sub-consultants within the rules in section 03).
• Have legal capacity to contract and have paid taxes and social security contributions.
• Not be declared ineligible for corrupt, fraudulent, collusive, coercive or obstructive practices, under any name.
• Not be barred for poor past performance, and not be insolvent, bankrupt, in receivership or temporarily barred from business.
• Use materials and services not originating in any country the PDS excludes.
• Provide further evidence of eligibility when asked.

You have a conflict of interest, and cannot be hired, if:

• You supplied goods, works or physical services for the project and would now advise on them.
• You prepared the TOR for this assignment, or would review your own earlier work, for example an independent environmental assessment of a project you designed.
• You, your staff or sub-consultants have a business relationship with Client staff involved in this procurement that has not been properly addressed.

Winning also bars you and your affiliates from later supplying goods, works or non-consulting services for any project resulting from this assignment. A new conflict found during evaluation must be removed or the proposal is non-responsive; hiding one makes it non-responsive outright.

03JV, Sub-Consultants and Key Staff

• One proposal per firm including affiliates. A sub-consultant may appear in several proposals, but only as a sub-consultant. A firm proposing alone or as a JV partner cannot also be another firm's sub-consultant.
• JV agreement on Format e-PS5-P, on a Tk. 300 non-judicial stamp, signed by all partners, showing each partner's share of services. Partners are jointly and severally liable; the Lead Partner represents the JV and receives payments. Composition cannot change without consent.
• Key staff must meet the PDS minimum qualifications. Ideally most are permanent employees. One CV per position, no alternatives, and no expert may appear in two proposals for this assignment.
• Government officers may join the team only if on leave without pay, not hired by their own agency immediately before the leave, with the employer's certificate in your technical proposal.

04How You Are Scored

Under QCBS the price then counts too:

Fp = 100 × lowest price ÷ your price    Cs = Tp × T + Fp × F

Example: T = 0.8, F = 0.2 You score Tp 85 at Tk. 80 lakh; a rival scores 78 at Tk. 64 lakh. Your Fp = 100 × 64 ÷ 80 = 80. Your Cs = 68 + 16 = 84; theirs = 62.4 + 20 = 82.4. You win. Since technical weight is usually 80–90%, a stronger team is worth more than a cheaper price.

Under FBS, the PDS gives a budget: the highest technical score within it wins, and any price above it is rejected.

05Technical Proposal: Forms 5A1–5A8

• Use every form without material changes and fill every blank, or the proposal may be incomplete.
• Add a training methodology if the PDS makes training a component, plus anything else the PDS asks for.
• No prices in the technical proposal. It may be rejected as non-responsive.
• Under QCBS, base your input on your own staff-month estimate, guided by the PDS total.

Form 5A8's certification asks each expert to confirm they were not the Client's employee immediately before, have not given their CV to another firm for this assignment, and whether they have been your full-time staff for the last 12 months.

06Financial Proposal: Forms 5B1–5B4

• 5B1 Submission letter: price excluding local taxes, binding through validity, accepting audit of your records, and listing any commissions or gratuities.
• 5B2 Staff remuneration: each professional individually, support staff by category; staff-month rate × input, head office and field. Positions must match Form 5A7.
• 5B3 Reimbursables: unit cost × quantity for the items the PDS allows. No physical contingency where the scope is precisely defined.
• 5B4 Summary: remuneration + reimbursables, matching 5B2 and 5B3, net of local taxes.

Check your sums before you submit e-GP does not correct arithmetic errors, and the PEC will not ask about your prices. If your technical proposal shows the Team Leader for 12 months but your price covers 8, no adjustment is made: you deliver 12 months for the price of 8. Unpriced activities are deemed included elsewhere.

Taxes are left out of the evaluation and added at negotiation. Before financial negotiations, check your tax amount with the local tax authority. 5B2 and 5B3 are used only to price additional services and variations, not to pay the lump sum.

07Clarifications and e-Submission

• Send questions through e-GP before two-thirds of the preparation time has passed. Answers come within 5 working days and go to every firm, without your name.
• Changes to the RFP come only by Addendum; pre-proposal minutes do not change it.
• Visit the site at your own cost, after telling the Client in good time.
• Write in English; supporting documents in another language need an English or Bangla translation.
• Quote in Taka unless the PDS allows another currency for foreign inputs.
• Make files virus-free and readable; corrupt files are not considered. Large files take time to upload, so start early.
• Your e-signature makes the proposal legally binding. It is stored encrypted; you receive an acknowledgement.
• Late submission is impossible, and you cannot withdraw after the deadline.
• If asked to extend validity, you may agree without changing anything, or refuse and leave the evaluation.

08Evaluation and Opening

1. Technical proposals open automatically after the deadline; financial proposals stay encrypted.
2. Each PEC member scores you separately; your score is their average.
3. Below 70 points: you are told your financial proposal will be returned unopened.
4. At 70 or more: you are invited, usually at least a week ahead, to the public financial opening, where names, technical points and prices are read out.
5. Your combined (QCBS) or budget-tested (FBS) rank decides who negotiates.

Do not contact the Client or PEC between opening and signing. Answer any clarification from the PEC Chair by the deadline, without changing your proposal. Missing the deadline may exclude you.

09Negotiation

• Before attending: confirm all key staff are available. Offering staff without confirming availability can disqualify you.
• Technical: methodology, work plan, activity schedule, staffing, training and the Client's facilities. The result becomes the Description of Services. You may be asked to replace an expert found unfit.
• Financial: only adjustments for agreed technical changes, plus taxes. Your unit rates cannot be negotiated.
• Substitutions: only for undue delay, death or medical incapacity, with equal or better qualifications.
• Close: sign the minutes and initial the draft contract. If talks fail, the Client moves to the next firm.

10LOA, Security and Signing

1. Receive the Letter of Acceptance with the contract price and draft contract. All JV partners sign it.
2. If the PDS requires it, give a performance security (normally 3–5% of the price) within the working days stated: pay order, bank draft or unconditional bank guarantee from a scheduled Bangladeshi bank, in the Appendix 7 format, valid until 28 days after completion.
3. Sign the contract by the date in the LOA. Contracts above Tk. 10 lakh are published with beneficial ownership: names and NIDs of owners, partners, CEO or MD, directors and 10% shareholders.
4. Start within the days set in the PCC after the commencement letter (the Effective Date), no later than 21 days. If the contract has not become effective in time, either party may cancel with 14 days' notice.

Unsuccessful? You are notified after signing, receive any unopened financial proposal back, and may ask for a debriefing on your own proposal. You may also complain under the PPA 2006 and PPR 2025.

11Payments and Advance

• The lump sum is all-inclusive; total payments never exceed it unless a variation is agreed.
• Payments follow the PCC output schedule, into your nominated account at a scheduled bank in Bangladesh.
• Invoice within 15 days of each condition being met; you are paid within 30 days, with interest at the PCC rate if late.
• Final payment follows approval of the final report and a final statement. If the Client raises no deficiencies within 60 days, they are deemed approved.
• A tax-rate change by law adjusts the price so your net amount is unchanged.

Example: advance payment If the PCC allows a 10% advance, you receive Tk. 8 lakh against a bank guarantee in the Appendix 6 format. The sample PCC releases the guarantee once payments reach 60% of the price, Tk. 48 lakh here; the advance is recovered from your invoices as the PCC describes.

If you fail an obligation, the Client may suspend all or part of your payments by written notice, giving you up to 30 days to remedy. Not remedying is grounds for termination.

12Obligations, Staff and Variations

• Work with due diligence and professional standards, as faithful adviser to the Client. Discounts or commissions earned when advising on procurement belong to the Client.
• Submit Appendix 2 reports on time; final reports in digital form as well as hard copy.
• Do not change personnel or subcontract without written approval. Replacements must be equal or better, at no higher pay, with you bearing extra travel costs.
• Insure the services fully; insure Client-supplied equipment at the Client's cost.
• Keep accounts that the Client may inspect and audit for up to 5 years.
• Keep information confidential; all documents, data and software belong to the Client.
• Indemnify the Client for patent infringement and plagiarism. For lack of skill and care, your liability is capped as the PCC states (except gross negligence), and you re-perform at your own cost.
• Give early warning of anything that may delay the work, raise the cost or affect quality; ask for an extension with reasons if needed.
• Notify a possible variation within 7 days with its effect on staffing, a schedule, costing and revised payments. Variations cannot exceed 30% of the original price.

13Termination and Disputes

• You may terminate with 21 days' notice if the Client does not pay within 45 days of your notice or does not remedy a material breach within 45 days.
• The Client may terminate for your default, insolvency, corrupt practice or a knowingly false statement, or simply for its convenience.
• Force majeure: notify within 14 days with evidence. If you cannot perform a material part for 60 days or more, either side may terminate. You are paid for demobilizing or continuing as instructed.
• On termination: you are paid for satisfactory work and, unless you were at fault, reasonable wind-down costs.
• Disputes: negotiate first; after 28 days either side may give notice of arbitration under the Arbitration Act 2001. Keep working meanwhile; the Client keeps paying what is due.

14Proposal Checklist

• Your firm is named in the Letter of Invitation; no conflict of interest.
• No JV or sub-consultancy with another short-listed firm; any non-short-listed applicant approved before the deadline; JV agreement on Tk. 300 stamp.
• Key staff meet PDS minimums, one CV each, availability confirmed, CVs signed and certified.
• Forms 5A1–5A8 complete, with no financial figures.
• Forms 5B1–5B4 complete; staff and months match 5A7; sums checked; taxes excluded; commissions listed.
• FBS: price within the PDS budget.
• Validity meets the PDS; eligibility documents and any PDS extras attached.
• Files virus-free, e-signed and uploaded well before the deadline; acknowledgement saved.

15Common Questions