e-PW2B Works Limited Tender Participation Guideline

01Is This Tender for You?

e-PW2B is BPPA's Standard Tender Document for works bought by limited tender on e-GP. You will see "e-PW2B" or "LTM" in the tender notice.

Nature

Works

Value

Up to Tk. 5 crore

Who can tender

PE-enlisted contractors

Your offer

A percentage within ±5%

Payment

Measured quantities

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.
• Submit only one tender per lot. Taking part in more than one tender for the same lot gets all of your tenders rejected.

02Enlistment and Eligibility

• Updated, valid enlistment with the PE named in TDS 5.1. Upload your letter of enlistment; without it your tender is rejected at the first check.
• Bangladeshi national, with legal capacity to contract and not barred by the Public Procurement Act or any other law.
• Taxes and social security paid; not insolvent, in receivership, bankrupt or temporarily barred from business.
• Not suspended or debarred for corrupt practice or fundamental breach, nor restricted by any development partner in Bangladesh.
• If you win, you must disclose beneficial ownership (Form e-PW2B-2) and consent to its publication after signing.

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

You do not need past experience (ITT 11.1). You do need to pass three pass/fail tests set in the TDS:

• Liquid asset can be cash, credit line or working capital, net of your other contract commitments.
• Tendering for several lots? You must meet the combined requirements of all of them.
• Also give written authority for the PE to seek references from your bankers and other sources, on your letterhead.

Example: how the liquid asset figure is set The STD's formula is (T ÷ N) × E. For a Tk. 4 crore, 12-month job with bills paid every 2 months, the PE asks for about Tk. 0.66 crore. Check you can show that amount after your existing commitments before you buy the document.

04Questions, 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; a late addendum extends the deadline by at least 3 working days.

05Documents to Upload

• e-Tender Submission Letter (Form e-PW2B-1), without altering its format.
• Tenderer Information (Form e-PW2B-2) and Personnel Information (Form e-PW2B-3) for each key person.
• Letter of enlistment with the specified PE.
• Priced BoQ (your percentage offer) for each lot, and the tender security.
• Valid trade licence, TIN certificate, income-tax return acknowledgement for the assessment year in TDS 21.1(f), and VAT registration / BIN.
• Liquid asset, equipment and bank-reference evidence, and any extra documents in TDS 21.1(h).

Missing e-signed forms, the enlistment letter, the priced BoQ or a valid tender security means rejection at the preliminary check. A clarification cannot be used to add something that makes your tender responsive.

06Tender Security and Validity

• Ask a bank registered with e-GP to prepare the e-tender security for the amount in TDS 28.1; the bank holds it and updates e-GP. It can be a bank draft, pay order, or bank guarantee on Form e-PW2B-4 without alteration.
• It must stay valid at least 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. If you agree, you cannot change your tender.
• Returned after the evaluation report is approved; if you are 1st to 3rd lowest, only after the winner furnishes security and 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.

07Quote Your Percentage

The PE's BoQ already shows every item, quantity and the official cost estimate. You quote only one percentage above, below or at par with the total, in the BoQ Offer Form. e-GP generates the offered figure and words.

• Stay within ±5%. An offer more than 5% above or below the official estimate is rejected.
• Your price is deemed to include all taxes, duties, VAT and levies, profit, overhead and banking and insurance charges.
• The contract price is fixed: rates are not changed for economic or market movements.
• Before choosing a percentage, cost the BoQ yourself. If the estimate is low for your site, even 5% above may not cover your cost.
• Quote in Bangladesh Taka.

Example: what your percentage means Official estimate Tk. 1,20,00,000. At −5% your offer is Tk. 1,14,00,000; at par it is Tk. 1,20,00,000; at +5% it is Tk. 1,26,00,000. −5.5% or +6% would be rejected. Once you win, you are paid for measured quantities at the contract BoQ rates.

08Submit Through e-GP

• Your e-signature on final submission binds you; the submission letter confirms validity, security, no reservations, eligibility, sole tenderer, 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.

09Evaluation and e-Lottery

1. Preliminary: e-signed forms, enlistment letter, priced BoQ, valid tender security.
2. Technical: responsiveness, and the adequacy and authenticity of your liquid asset, personnel and equipment evidence.
3. Financial: offers outside ±5% are rejected; the rest are compared on price.
4. Post-qualification: your documents checked against the TDS criteria.

• If you tie for the lowest price, the winner is chosen by open e-Lottery in e-GP. Up to three can be drawn, so you may be offered the contract if the first or second refuses or fails to sign.
• There is no negotiation and no arithmetic correction.
• 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.
• You may request a debriefing and may complain under PPA sections 29–30 and PPR Rules 72–77.

Example: a tie at −5% On a Tk. 2 crore estimate, three contractors quote −5% (Tk. 1.90 crore), one −3% and one +2%, and one −6% is rejected. The three at −5% go to e-lottery; the −3% tenderer cannot win unless all three fail.

10Award, Security and Signing

1. The NOA (Form e-PW2B-6) arrives with the draft contract. It forms a binding contract until signing.
2. Within 7 working days, furnish the performance security if required: none up to Tk. 1 crore, 5% of contract price above. Use a bank draft, pay order or bank guarantee on Form e-PW2B-8, valid until 28 days beyond the intended completion date.
3. Within 14 days, sign the contract.
4. Do not start work until both are done and you receive the commencement letter.

Example: what you lock up On a Tk. 1.2 crore contract: a Tk. 6 lakh performance security plus 5% retention on every bill. On a Tk. 80 lakh contract: no performance security, but 10% retention on every bill.

11Starting and Running the Works

• Start by the Start Date, and submit your Programme of Works within the PCC days (usually 15 from signing). A late update costs a withholding of Tk. 10,000–15,000 until submitted.
• Keep pro rata progress and give early warning of anything that may raise cost, delay the work or affect quality.
• Employ the named key personnel; replacements must be equally qualified. Remove anyone the PM asks within 3 days.
• Do not subcontract any part of the works; it is a fundamental breach.
• No work on weekly holidays, at night, outside normal hours or on public holidays without the PM's written approval. No child labour; pay wages on time and provide 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.
• Follow the ES Specifications for health, safety, environment and community protection.

12Bills, 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.
• Retention (10% up to Tk. 1 crore, 5% above) is returned after the Defects Liability Period and the Defects Correction Certificate.
• Variations: give written notice with likely cost by the 7th working day after becoming aware, or lose the claim. Variation work is paid only after approval.
• 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. 1.2 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, 2% of the price, so both tests are met and an adjusted rate applies to those 300 m³.

13Delays, 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 value 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 of signing, 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 20 days' delay On a Tk. 1.2 crore contract at 0.05% per day, 20 days late costs Tk. 1,20,000. The 10% cap of Tk. 12 lakh is reached after 200 days.

14Submission Checklist

• Enlistment with the PE in TDS 5.1 is valid and the letter is ready to upload.
• Document fee paid and updated in e-GP no later than the day before the deadline.
• Liquid asset evidence meets TDS 12.1; credit commitment (if used) dated within 28 days before the deadline.
• Key personnel forms and equipment statement completed.
• Trade licence, TIN, return acknowledgement for the TDS year, VAT/BIN uploaded.
• Tender security for the TDS amount, valid 28 days beyond validity.
• BoQ costed yourself; percentage within ±5% and entered in the Offer Form.
• No JV and no subcontractor in your plans.
• Bank lined up for a performance security if the contract exceeds Tk. 1 crore.
• Submitted well before the deadline, with all files readable.

15Common Questions