e-PW3D DP-Funded Works Tender Preparation Guideline

01When to Use e-PW3D

Use e-PW3D when a development partner (an international agency or country) finances the works in full or in part and the procurement follows the DP's legal framework, through the Open Tendering Method on e-GP, with award to the lowest evaluated responsive tender and no pre-qualification.

Nature

Works and physical services

Method

Open Tendering (single envelope)

Funding

Development partner

Value

Any value

Contract type

Admeasurement (unit rates)

Award basis

Lowest evaluated responsive

02How the Document Works

e-PW3D has eleven sections. The ITT and GCC must never be altered.

03Development Partner Requirements

• Name the DP in TDS 3.3 and PCC 1.1(jj). DP payments are made at the Government's request under the financing agreement.
• Attach or link the DP's anticorruption guidelines and sanctions framework (Section 11 and Form e-PW3D-9). Each tenderer must sign Form 9 with its tender; the winner's signed Form 16 becomes part of the contract (GCC 38.7).
• The DP can sanction a firm or individual, including publicly declaring them ineligible indefinitely or for a period, and can cancel financing if PE staff engage in corruption and the PE does not act.
• Tenderers must not be under restriction by any DP operating in Bangladesh; the Government, BPPA and the DP may inspect and audit tender and contract records.
• Subcontractors must comply with the DP's environmental and social safeguard policies.

Many DPs also require prior review or no-objection at set stages. Those come from the financing agreement, not the STD, so build them into your schedule.

04Key Time Limits

05Set Qualification Criteria

Pass/fail criteria use the same TDS guidance as e-PW3:

• General experience (e.g. 3 years) and specific experience (e.g. 1 similar public-sector contract worth 50–80% of the estimate).
• Pending litigation treated as resolved against the tenderer.
• Turnover, liquid asset (2–6 months of payment flow) and tender capacity (70–80% of the estimate).

AACT = (E ÷ N) × F    Liquid asset = (T ÷ N_months) × E    Tender capacity = A × N × 1.25 − B

Example: the STD's Tk. 24 crore, 18-month contract AACT Tk. 24 crore (F = 1.5), liquid asset Tk. 4 crore (3 months), tender capacity requirement Tk. 16.8–19.2 crore.

06Key Staff, Including ES Staff

TDS 15.1 gives an indicative table, to be adjusted to the nature and scale of the works:

07Joint Ventures and Subcontractors

• JVs at any value on Format e-PW3D-B (Tk. 300 stamp) or a notarised Letter of Intent; financial criteria 100% combined, lead 40%, others 25%; lead holds the highest share, others at least 25%.
• Subcontracting up to 30%; nominated subcontractors in TDS 18.4; all subcontractors follow ES requirements and DP safeguard policies.

08Fill In the TDS

09Fill In the PCC

• Parties, DP, Project Manager, site, dates (Start Date 14–21 days after commencement), sectional completion table.
• ES risk management plan items and update interval (PCC 26.1(c)); grievance mechanism for workers (PCC 28.4).
• Insurance amounts; programme timing; Defects Liability Period (usually 12 months).
• ES withholding per failure (0.1–0.2%) capped at ≤ 2%; late-payment interest or none; price adjustment formula or none.
• Retention 5% (up to 20% for front-loading); LD and bonus 0.03–0.05% per day capped at ≤ 10%; advance ≤ 10% amortised 20–80%.
• Provisional-sum mark-up, as-built dates, 15–25% compensation for uncompleted works, Adjudicator (IEB President appoints if parties disagree), arbitration venue.

10BoQ, ES Safeguard Works and Specifications

• BoQ groups 100–500 plus a separate Environmental and Social Safeguard Works schedule (600 in the grand summary) with priced items such as first aid boxes, PPE, dust suppression, safety signs and SEA/SH training.
• Tenderers enter unit rates in figures; e-GP fills the words. Discount is a single percentage on every item in the package.
• Dayworks only where unforeseen work is likely; contingency provisional sum ≤ 1% of estimated price.
• ES Specifications set what the ES-MSIP covers, the worker grievance mechanism, the Code of Conduct and the monthly progress report.

11Evaluate the Tenders

1. Preliminary: e-signed forms, priced BoQ and valid tender security. Anything missing means rejection.
2. Technical: eligibility (incl. DP restrictions), conformity, technical proposal, ES plan, Code of Conduct and qualification.
3. Financial: price excluding contingency provisional sums and price adjustment, including dayworks, less unconditional discount. e-GP makes no arithmetic correction.
4. Abnormally low tender review where a price looks too low (next section).
5. Post-qualification of the lowest evaluated tenderer.

Ties: check for collusion (Rule 149), then prefer past performance with the PE, then with others. Never a lottery.

12Abnormally Low Tenders

An abnormally low tender is one whose price, with the rest of the tender, is so low that it raises real doubt the tenderer can deliver the contract for that price.

1. Ask the tenderer in writing for detailed price analyses against scope, method, schedule, risk allocation and other requirements.
2. Assess the analysis. If the tenderer fails to show it can perform for the price, reject the tender.
3. If the tender is accepted but front-loaded or unbalanced, the TEC may recommend retention up to 20% of the contract price.

Example: a price well below the estimate Estimate Tk. 10 crore; lowest tender Tk. 7.5 crore. Unlike e-PW3 there is no formula cut-off. The TEC asks for rate breakdowns for the main items, checks them against the methods, equipment and programme, and rejects only if the tenderer cannot justify the price.

13Post-qualification and Award

1. Verify the lowest evaluated tenderer against ITT 12–18 (site visit allowed); if it fails, move to the next.
2. Negotiate only to cut scope or reallocate risk when the price is significantly above the estimate.
3. Issue the NOA (Form 10) with the draft contract; publish the award (Format C).
4. Receive 5% performance security, collect signed Form 16 and Code of Conduct, sign the contract, publish signing (Format D).

A government-owned enterprise gives no performance security; 10% retention applies instead.

14Commencement and ES Compliance

• Commencement needs signing, site possession, any advance against a guarantee, and preparation and approval of the ES risk management plans listed in the PCC.
• Check ES compliance before each payment certificate; withhold the PCC amount for failures, forfeit if never fixed.
• Contractor must run a grievance mechanism for workers, protect chance finds (fence the area) and the PE notifies cultural heritage authorities.

15Variations, Extensions and Payment

• Variations up to 10% by the Approving Authority, 10–30% by the next higher authority, never above 30%; ministry-level exception for HOPE.
• Extensions up to 30% by the PE, 30–100% by HOPE or AO, over 100% by the Secretary.
• Rate re-set when an item grows over 25% and adds over 1% to the price; financial approval per DoFP.
• Monthly certificates paid in 28 days; LD is charged on the value of the uncompleted works, capped at ≤ 10%.

16Termination, Frustration and Disputes

• Default route: Notice to Correct, Notice of Default (21 days), final notice with HOPE's approval.
• If force majeure frustrates the contract, the PM certifies it; the contractor makes the site safe and is paid for work done and committed.
• Corrupt practice found by the PE or the DP: termination on 28 days' notice, exclusion and possible DP sanctions.
• Disputes: amicable settlement, Adjudicator, then arbitration under the Arbitration Act 2001.

17Publishing Checklist

• DP named; financing agreement and DP review steps checked.
• Section 11 has the DP's anticorruption guidelines and sanctions framework; Form 9 required in TDS 4.1.
• ITT and GCC untouched; every TDS and PCC blank filled.
• Key staff table adjusted, including ES staff where needed.
• BoQ includes the ES safeguard works schedule; ES Specifications cover grievance mechanism, Code of Conduct and reporting.
• Qualification figures derived from the estimate; tender security ≤ 3%; deadlines match the estimate band.
• TEC briefed on the abnormally low tender review.

18Common Questions