e-PW2A Works Open Tender Participation Guideline

01Is This Tender for You?

e-PW2A is BPPA's Standard Tender Document for national works bought by open tender on e-GP. You will see "e-PW2A" as the STD in the tender notice.

Nature

Works

Value

Up to Tk. 5 crore

Pricing

Unit rate per BoQ item

Payment

Measured quantities

Document fee

Paid via e-GP member bank

Tender security

Yes, fixed amount

• Download the e-Tender Document after paying the fee through any e-GP member bank; the payment must be updated in e-GP no later than the day before the deadline.
• Visit the site and its surroundings at your own cost. You carry the risk of anything you could have found there.
• Submit only one tender per lot, alone or in a JV. Taking part in two tenders for the same lot gets all of them rejected.

02Eligibility and Conflicts

• Legal capacity to contract, enrolment in the relevant professional or trade organisation in Bangladesh, and any licence named in TDS 5.13 (for example an electrical supervisory or gas company licence).
• Taxes and social security paid; not insolvent, in receivership or bankrupt.
• Not suspended or debarred for corrupt practice or fundamental breach, nor restricted by any development partner in Bangladesh.
• A government-owned enterprise must show it is legally and financially autonomous and not dependent on the PE.
• If you win, you must disclose beneficial ownership (Form e-PW2A-2) and consent to its publication.

You will be disqualified for a conflict of interest if you:

• control, are controlled by, or share common control with another tenderer;
• receive a subsidy from, or share a legal representative with, another tenderer;
• have a relationship that lets you influence another tender or the PE's decisions; or
• have a partner who, as consultant, prepared the design or specifications of these works.

03Check Your Qualification

Every criterion is pass/fail. Read the TDS figures, then test your firm against each:

Assessed tender capacity = A × N × 1.25 − B

• A = your highest value of works done in any one year of the last five; N = the new contract's completion time in years (1 if under 12 months); B = your existing commitments to be completed in the next N years.

Example: will your tender capacity pass? Your best year was Tk. 3 crore and you have Tk. 1.5 crore of ongoing work. For a 12-month job: 3 × 1 × 1.25 − 1.5 = Tk. 2.25 crore. If the TDS asks for Tk. 2.4 crore (60% of a Tk. 4 crore estimate), you fail, however good your price. Finishing ongoing work or a JV may fix it.

04Joint Ventures and Subcontractors

• JVs are allowed only if TDS 17.1 says so; they are not allowed below a Tk. 3 crore estimate.
• Submit the JV agreement (Format e-PW2A-B) on a Tk. 300 non-judicial stamp, or a notarised Letter of Intent with the draft agreement.
• The lead partner holds the highest business share; every other partner at least 25%. All partners are jointly and severally liable and all sign the contract.
• Typical split: lead partner meets 40% and each other partner 25% of the liquid asset and tender capacity requirements, with 100% combined; specific experience is summed, with the lead holding at least one contract.
• Subcontract no more than 30% of the works by value, named in Form e-PW2A-4. After signing, any new subcontractor needs HOPE's written approval; unauthorised subcontracting is a fundamental breach.

05Questions, Meeting and Addenda

• Ask questions through e-GP within the time in the IFT; the PE answers within 5 working days.
• Join the online pre-tender meeting if one is held. Missing it is not a reason for disqualification.
• Only an addendum changes the document. Watch your e-GP dashboard; late addenda extend the deadline by at least 3 working days.

06Documents to Upload

• e-Tender Submission Letter (Form e-PW2A-1), without altering its format.
• Tenderer Information (Form e-PW2A-2) and, for a JV, Form e-PW2A-3 for each partner plus the JV agreement.
• Subcontractor Information (Form e-PW2A-4), Personnel (Form 5) and Tender Capacity (Form 6).
• Priced BoQ for each lot and the tender security.
• Valid trade licence, TIN certificate, income-tax return acknowledgement for the assessment year in TDS 23.1(f), and VAT registration / BIN.
• Qualification evidence, origin and conformity evidence for materials and equipment, and any extra documents in TDS 23.1(j).

Missing signed forms, the priced BoQ or a valid tender security means rejection at the first check. Other missing documents may be requested, but only if your tender is already responsive and never for anything affecting rates.

07Tender Security and Validity

• Request the e-tender security from a bank registered with e-GP, for the amount in TDS 32.1; the bank holds it and updates e-GP. Forms: bank draft, pay order, or bank guarantee on Form e-PW2A-7 without alteration.
• It must stay valid 28 days beyond tender validity. A tender without a valid security is non-responsive.
• Your tender stays valid for the TDS period. If asked to extend (at most twice), you may refuse without losing the security, but you drop out.
• Returned after the evaluation report is approved; if you are 1st to 3rd lowest, only after the winner signs.

The security is forfeited if, as winner, you fail to furnish the performance security, provide a fake one, refuse to sign, or are found in corrupt, fraudulent, collusive, coercive or obstructive practice.

08Price the BoQ

• Enter a unit rate in figures for every item; e-GP writes words and calculates amounts. An item left unpriced is treated as covered by your other rates and will never be paid.
• Include profit, overhead, VAT, all taxes and duties in force 28 days before the deadline, and banking and insurance charges.
• Rates are fixed for the contract and quoted in Taka.
• Offer any discount only as a percentage in the e-GP Unconditional Discount Form; it applies equally to every BoQ item.
• Price dayworks rates if a schedule is included; they count in evaluation. Provisional sums for contingencies do not.
• Avoid front-loading: unbalanced rates can lead to retention of up to 20% (25% on contracts up to Tk. 1 crore).

Example: how the SLT test can reject a low bid Estimate Tk. 2.00 crore, illustrative X_NPPI Tk. 1.90 crore, tenders of Tk. 1.70, 1.80 and 1.90 crore. The weighted average is Tk. 1.87 crore and the lower limit about Tk. 1.76 crore, so the Tk. 1.70 crore tender is rejected as significantly low-priced. Bid on real costs, not on undercutting.

09Submit Through e-GP

• Your e-signature on final submission binds you; the submission letter confirms validity, security, no reservations, eligibility, one tender, and that the NOA will form a binding contract.
• Check every file is virus-free and readable; corrupt files are not considered.
• Upload large files early. Late submission is impossible in e-GP.
• You can modify, substitute or withdraw until the deadline, but not afterwards.

10How You Are Evaluated

1. Preliminary: forms signed, priced BoQ, valid tender security.
2. Technical: no material deviation, reservation or omission against the specifications and ES Specifications.
3. Financial: price plus dayworks less unconditional discount, then the SLT test (or, with one responsive tender, within 20% of the estimate).
4. Post-qualification: your documents checked against the TDS criteria, possibly with a visit to your premises.

• Answer TEC clarifications within the time given (at least 3 working days); you cannot use them to change your tender.
• Do not contact the PE about your tender between opening and the NOA, except for clarifications or a complaint.
• Ties go to better past performance, never to a lottery. You may request a debriefing and may complain under PPA sections 29–30 and PPR Rules 72–77.

11Award, Security and Signing

1. The NOA arrives through e-GP with the draft contract. It forms a binding contract.
2. Within 7 working days, furnish the performance security if required: none up to Tk. 1 crore, 5% of contract price above. It must be valid until 28 days beyond the intended completion date.
3. Within 14 days, sign the contract (all JV partners).
4. Do not start work until both are done.

Example: what you lock up On a Tk. 2 crore contract: a Tk. 10 lakh performance security plus 5% retention on every bill. On a Tk. 80 lakh contract: no performance security, but 10% retention on every bill. Total contractual security is normally capped at 10% of the contract price.

12Starting and Running the Works

• Start by the Start Date after the commencement letter, and submit your Programme of Works within the PCC days (usually 15). Late programme updates cost you a withholding.
• Keep pro rata progress and give early warning of anything that may raise cost or delay the work.
• Employ the named key personnel; replacements must be equally qualified. Remove anyone the PM asks within 3 days.
• No work on holidays, at night or outside normal hours without the PM's written approval. No child labour; pay wages on time and provide proper accommodation, water and sanitation.
• Do not cover work before the PM inspects; otherwise uncover it at your cost. Execute every BoQ item unless the PM agrees otherwise.
• Comply with the ES Specifications; failures lead to withholding and then forfeiture (up to the PCC cap, ≤ 2%).

13Bills, Retention and Variations

• Submit monthly statements; the PM certifies the value at BoQ rates, and the PE pays within 28 days into your nominated account. Late payment earns the PCC interest, if any.
• Retention is returned after the Defects Liability Period and the Defects Correction Certificate.
• Variations: give written notice with likely cost within 7 working days of becoming aware, or lose the claim.
• If an item grows by more than 25% and that alone adds more than 1% to the contract price, a new rate applies to the excess quantity.
• Variations cannot exceed 30% of the original contract price.
• Claims: notify within 28 days of the event or lose time and money; send full particulars within 42 days.

Example: when a rate is re-set On a Tk. 2 crore contract, earthwork at Tk. 800/m³ rises from 1,000 to 1,300 m³ (30%). The extra 300 m³ adds Tk. 2.4 lakh, 1.2% of the price, so both tests are met and an adjusted rate applies to those 300 m³.

14Delays, Termination and Disputes

• Extensions: notify within 14 days of the event; the PM decides within 21 days of full information.
• Liquidated damages: 0.03–0.05% of the contract price per day of delay, up to the PCC cap (≤ 10%). Reaching the cap is a fundamental breach.
• Notice to Correct: reply within 5 days with your remedy and start date.
• Default termination follows a Notice of Default (21 days to respond) and a final notice; you pay 15–25% of the revised estimate of unfinished works and may be debarred for up to 2 years.
• You may terminate if a certified bill is unpaid for 84 days, the site is not handed over within 84 days, or a PM delay instruction stands 84 days.
• Disputes: refer a PM decision to the Adjudicator within 14 days; you pay the fees and the PE reimburses half. Arbitration follows if unresolved 28 days after the decision.

Example: the cost of 30 days' delay On a Tk. 2 crore contract at 0.05% per day, 30 days late costs Tk. 3,00,000. The 10% cap of Tk. 20 lakh is reached after 200 days.

15Submission Checklist

• Document fee paid and updated in e-GP no later than the day before the deadline.
• Experience, turnover, liquid asset and tender capacity checked against the TDS, with evidence ready.
• Credit commitment (if used) dated within 28 days before the deadline.
• JV agreement and partner forms complete, if a JV; subcontracting within 30%.
• Trade licence, TIN, return acknowledgement for the TDS year, VAT/BIN uploaded.
• Tender security for the TDS amount, valid 28 days beyond validity.
• Every BoQ item priced; discount, if any, entered as a percentage.
• Personnel CVs, equipment evidence and Form 6 completed.
• Bank lined up for a performance security if the contract exceeds Tk. 1 crore.
• Submitted well before the deadline, with all files readable.

16Common Questions