e-PW2B Works Limited Tender Preparation Guideline

01When to Use e-PW2B

Use e-PW2B when the Procuring Entity will select a contractor for works through the Limited Tendering Method on e-GP, with the invitation limited to contractors holding updated, valid enlistment with the PE.

Nature

Works (and physical services)

Method

Limited Tendering (LTM)

Value limit

Up to Tk. 5 crore

Contract type

Admeasurement (unit rates)

Who can tender

PE-enlisted contractors

Award basis

Lowest evaluated; e-lottery on a tie

e-PW2B looks like e-PW2A but works very differently. The main differences:

If your PE keeps no enlistment list, TDS 5.1 lets you use the enlisted contractors of another reputable PE, or a list published by BPPA on its website.

02How the Document Works

e-PW2B has ten sections. Two of them must never be altered.

03Key Time Limits

04Enlistment and Qualification

Enlistment does most of the screening. Qualification on top of it is pass/fail and limited to three things you set in the TDS.

Liquid asset = (T ÷ N) × E    E = official cost estimate, T = months between interim bills (usually 2–3), N = construction months

Example: the STD's Tk. 4 crore, 12-month contract With 1 month of work, 0.25 month to invoice, 0.25 month to certify and 0.5 month contingency, T is 2 months. Liquid asset = (2 ÷ 12) × 4 = about Tk. 0.66 crore.

• For a package of several lots, state the liquid asset, personnel and equipment for each lot. A tenderer bidding for several lots must meet the total of the lots it wants.
• No joint venture is permitted (ITT 15.1); a JV tender is non-responsive.
• No subcontracting of any part of the works (ITT 16.1, GCC 19.1). Doing so is a fundamental breach.
• The contractor must be a Bangladeshi national (GCC 9.1).

05Fill In the TDS

Example: securities at two contract sizes On a Tk. 1.2 crore estimate, tender security can be up to Tk. 3.6 lakh. A Tk. 80 lakh contract needs no performance security and has 10% retention; a Tk. 1.2 crore contract needs a Tk. 6 lakh performance security and has 5% retention.

06Fill In the PCC

07Official Estimate, BoQ and Specifications

In e-PW2B the BoQ carries the official cost estimate, and every tender is a percentage of it. A wrong estimate cannot be fixed by competition: if it is too high you overpay, if it is too low no one can tender within the band.

• Group items into sections (100 General, 200 Preliminary, 300 Main, 400 Other, 500 Misc.) where method, location, timing or cost differ.
• Compute quantities net from the drawings, in metric units, with no allowance for bulking, shrinkage or waste. Avoid spurious accuracy.
• Price each item with current rates including profit, overhead, VAT and incidental charges, so the grand total is a realistic estimate.
• Include a Dayworks schedule only when unforeseen work is likely, with nominal quantities.
• Add provisional sums in the summary for physical contingencies or price increases if needed.
• Write specifications for the widest competition, using recognised national standards and accepting equal or higher alternatives. Materials must be new and current.
• Prepare the ES Specifications from the environmental and social assessment (OHS, community safety, dust, waste, traffic, grievance mechanism, code of conduct), referring to BNBC 2020 where relevant.

Remove the BoQ, specification and drawing guidance notes before publishing; the STD says they must not appear in the final document.

08Clarifications and Addenda

• Clarification requests come through e-GP within the IFT time; answer within 5 working days. Requests after that date need not be answered.
• A pre-tender meeting, if stated in the IFT, is online. Upload minutes within 5 working days. Missing it does not disqualify anyone.
• Change the document only by a dated, numbered addendum, never by meeting minutes. Circulate it within 5 working days and post it where the IFT was posted.
• If less than one-third of the preparation time remains, extend the deadline by at least 3 working days.

09Opening and Responsiveness

1. e-GP opens tenders automatically after the deadline and generates the Tender Opening Report.
2. The TEC reviews the system-generated evaluation reports in four steps: preliminary, technical, financial and post-qualification.
3. Preliminary: reject any tender missing duly e-signed forms, the letter of enlistment with the specified PE, the priced BoQ or a valid tender security.
4. Technical: judge responsiveness on the tender alone, and check the adequacy and authenticity of the liquid asset, personnel and equipment evidence. A non-responsive tender cannot later be corrected.
5. Ask for clarification through e-GP, by the TEC Chairperson only, allowing at least 3 working days. It cannot be used to make a tender responsive.

There is no minimum number of responsive tenders (ITT 41.3), e-GP has no arithmetic-correction step (ITT 44.1), and no negotiation is allowed with any tenderer (ITT 48.1).

10The ±5% Band and e-Lottery

• Each tenderer quotes only a percentage above, below or at par with the total official estimate, in the BoQ Offer Form. e-GP generates the offered figure and words.
• Any offer more than 5% above or below the official estimate is rejected (ITT 23.3 and 39.4). There is no SLT formula.
• Compare the remaining responsive tenders; the lowest evaluated price wins, subject to post-qualification.
• If two or more tie for lowest, run an open e-Lottery through e-GP. It can be run up to three times, ranking a second and third successful tenderer in case the first refuses or fails to sign.

Example: six offers on a Tk. 2 crore estimate The band is Tk. 1.90 to 2.10 crore. Offers of −6% and +7% are rejected. Three tenderers at −5% tie at Tk. 1.90 crore, ahead of −3% and +2%. The e-lottery ranks the three at −5%, and the first drawn is post-qualified.

For multiple lots, award each lot to one tenderer using the same method, choosing the combination of lowest evaluated tenders the tenderers have resources to perform.

11Post-qualification and Award

1. Post-qualify the selected tenderer only against ITT 10–14 and its documents. If it fails, move to the next lowest evaluated tenderer.
2. Issue the NOA (Form e-PW2B-6) within 3 working days of approval, with the draft contract, performance security amount and deadlines. The NOA forms the contract until signing.
3. Publish the award (Format B) within 24 hours on the notice board or website and the BPPA website, for at least 28 days.
4. Receive any performance security within 7 working days and verify it with the issuing bank; sign within 14 days.
5. Publish contract signing (Format C), with beneficial ownership for contracts above Tk. 10 lakh, within 3 days, for at least 30 days.

• If the winner fails to furnish security or sign, annul the award, forfeit its tender security and award to the next lowest evaluated qualified tenderer.
• Return non-responsive tender securities after the evaluation report is approved, within 28 days of validity expiry; keep the 1st to 3rd lowest until the winner furnishes security and signs.
• Reject all tenders only on ITT 51.2 grounds with HOPE's approval, and not if the lowest price matches the market.

12Site, Commencement and Programme

• Hand over the site on the PCC date. Late possession is a compensation event; failing to hand over the full or a substantial part within 84 days of signing lets the contractor terminate.
• Issue the commencement letter (Format D) once the contract is signed and the site handed over; the contractor starts by the Start Date.
• Approve the Programme of Works and its updates; withhold the PCC amount while an update is overdue.
• Inspect and test regularly. No work may be covered without the PM's approval. Unspecified tests are at the contractor's cost only if they reveal a defect.
• The contractor must execute every BoQ item; skipping one without consent may be a fundamental breach.

13Variations and Extensions

• The contractor must notify a variation within 7 working days of becoming aware, or lose the claim. The PM prepares the order with plans, justification, itemised estimates and rates.
• If an item's quantity rises by more than 25% and that alone raises the contract price by more than 1%, agree an adjusted rate for the quantity beyond the BoQ.
• Price new items from the contractor's direct-cost breakdown plus its tender mark-up, or agreed market prices.
• If variations move the contract price by more than 20%, the performance security can be increased (or, with consent, reduced) in proportion.
• The PM decides an extension within 21 days of full information; delay caused by the contractor's failure to give early warning is not counted.

Example: a Tk. 1.2 crore contract Variations up to Tk. 12 lakh go to the original Approving Authority, Tk. 12–36 lakh to the next higher authority, and nothing beyond Tk. 36 lakh. On a 10-month contract, the PE can extend up to 3 months; up to 10 months needs HOPE.

14Payment, Retention and Damages

• The contractor submits monthly statements; the PM certifies the value of work executed at BoQ rates (including approved variations, dayworks and compensation events).
• Pay within 28 days of the certificate into the nominated account. Variation work is paid only after the variation is approved.
• Return retention after the Defects Liability Period, once the Defects Correction Certificate is issued.
• Adjust the price for changes in law after 28 days before the deadline, and for tax-rate changes with HOPE's approval.

Liquidated damages T = V × P × n    (contract value × daily rate × days late)

Example: liquidated damages A Tk. 1.2 crore contract at 0.05% per day finishing 20 days late: 1,20,00,000 × 0.0005 × 20 = Tk. 1,20,000. With a 10% cap (Tk. 12 lakh), the cap is reached after 200 days, at which point delay becomes a fundamental breach.

15Completion, Termination and Disputes

• Take over within 7 days of the PM's completion recommendation and issue the completion certificate (Format E).
• The contractor submits the final account; certify it within 56 days or issue a Defects Liability Schedule.
• For a default, send a Notice to Correct first (reply within 5 days). For a fundamental breach, issue a Notice of Default with 21 days to explain, then a final notice with HOPE's approval. HOPE may form a Contract Termination Review Committee.
• On default termination, jointly measure the work (7 days' notice), certify its value and deduct the PCC compensation (15–25% of the revised estimate of uncompleted works).
• Termination for convenience needs 21 days' notice and may not be used to give the work to someone else.
• Disputes: amicable settlement, then the Adjudicator (referral within 14 days, decision within 28 days), then arbitration under the Arbitration Act 2001.

16Publishing Checklist

• Estimate is within Tk. 5 crore, the package is not split, and LTM conditions apply.
• The enlistment list in TDS 5.1 is named and up to date.
• ITT and GCC are untouched; every TDS and PCC blank is filled.
• Official cost estimate checked against current rates: tenderers can only move 5% either way.
• Liquid asset derived from the estimate and period; personnel and equipment set per lot.
• Tender security is a fixed amount ≤ 3% of the estimate.
• Performance security and retention match the contract-size rules, and TDS 60.1 agrees with PCC 56.1.
• BoQ complete, quantities net from drawings; guidance notes removed.
• General, Particular and ES Specifications and drawing list are attached.
• Validity period, assessment year, LD rate and cap, DLP and Adjudicator are set.

17Common Questions