GOVERNMENT OF THE PEOPLE’S REPUBLIC

OF BANGLADESH

Standard Pre-qualification Document

For Procurement of Works (International)
[Open Tendering Method]

(for values above Tk.350 million)

Central Procurement Technical Unit

Implementation Monitoring and Evaluation
Division
Ministry of Planning

January 2010 PQW5

CPTU-IMED PQW5-OTM (International)

 Guidance Notes on the Use of
The Standard Pre-qualification Document

These guidance notes have been prepared by the CPTU to assist the Procuring Entities in
the preparation, using this Standard Pre-qualification Document (SPD), for international
procurement of Works and Physical services having estimated cost above Tk 350 million.
The Procuring Entities should also refer to the Public Procurement Act 2006 (Act No 24 of
2006) and the Public Procurement Rules, 2008 and, amendment thereto, issued to
supplement the Act available on CPTU’s website: http://www.cptu.gov.bd/. All concerned are
advised to refer to the aforementioned Act and Rules, in particular Section 33 and Rule 83
respectively, while participating in any Tendering process. The Pre-qualification process is
required to follow Section 41, 42 and 43 of the Act, 2006 and Rule 91, 92 and 93 of the
Rules, 2008.
The Procuring Entities may undertake Pre-qualification for large and complex Procurements
such as, Construction Works, Maintenance Works, Design and build infrastructure, and
Management contracts, subject to the thresholds specified in Schedule II of the Public
Procurement Rules, 2008.

The decision whether to carry out prequalification is a matter of professional judgment based
upon a number of considerations about the contract itself, and about the actual process of
prequalification. Contract considerations include size, complexity, limitations on completion
time, the critical nature of the works, environmental impact, associated risks, etc.
Considerations regarding the process of prequalification should weigh the potential
advantages against the potential disadvantages mentioned in paragraphs below.

The prequalification process may be of benefit to both Tenderers and Procuring Entities
alike, in that:

(a) the process enables prospective Tenderers, who may be insufficiently qualified on
their own, to avoid the expense of Tendering. Conversely it is an incentive for these
potential Tenderers to form a Joint Venture that may give them a better chance of
success;

(b) after being pre-qualified, well-qualified firms will price their Tenders with the
knowledge that they are competing against other qualified Tenderers meeting
realistic minimum competence criteria; the assurance that inadequately qualified
competitors will be excluded from submitting unbalanced low-priced Tenders thus
encourages leading contractors to tender;

(c) pre-qualification enables Procuring Entities to assess the interest from qualified
firms generated by the contract and, in the event that only a limited number of
Applications are received, to make any necessary adjustments in the procurement
process (including, in particular, the Particular Conditions of Contract—sharing of
risk, payment terms, liquidated damages, or completion times, which may be
perceived as onerous by potential Tenderers);

(d) it helps to expose potential conflicts of interest by identifying contractors who may
have a business association with consultants to the project;

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CPTU-IMED PQW5-OTM (International)
 (e) it reduces the amount of work and time involved by Procuring Entities in evaluating
Tenders from unqualified contractors;

(f) it encourages local firms to form Joint Ventures with other local or international
firms, thereby benefiting from their resources and experience;

(g) it enables the Procuring Entities to assess the likelihood of contractors’ eligibility for
‘domestic preference’ where this is applicable; and

(h) it reduces significantly, if not eliminates, problems of rejection associated with low-
priced Tenders submitted by Tenderers of doubtful capability; and.

(i) it gives the Development Partner some indication of Procuring Entities’ ability to
manage an important, early procurement function.

On the other, prequalification has some potential disadvantages:

(a) it may increase procurement lead time, although this can be minimized by good
procurement scheduling, e.g., undertaking the prequalification process while
Tender Documents are being prepared;

(b) the Procuring Entities are required to review all prequalification Applications,
whereas post-qualification requires the review of the qualifications of, normally,
only the lowest evaluated Tenderer;

(c) collusion and the possibility of price-rigging is easier among a limited number of
identified Tenderers, particularly if they are of the same nationality;

(d) the element of subjective judgment required by evaluators when applying the
prequalification criteria to a number of Applicants, and the discretionary rights
reserved to the Procuring Entities, provide opportunities for externally influenced
deviations from the expected high standards of ethics and impartiality in pre-
qualifying Applicants.

The Procuring Entities need to carefully consider the advantages and disadvantages of Pre-
qualification before initiating the Pre-qualification process for Procurement of Works and
Physical services and, shall obtain the approval of the Head of the Procuring Entity or an
officer authorized by him or her.

SPD(PQW5) has been designed to: (i) simplify the Procuring Entities’ preparation of a
specific Prequalification Document (PQD) for Procurement of Works; (ii) reduce the
Applicants’ preparation time and effort; and (iii) facilitate and simplify the Procuring Entities’
evaluation of Applications.

SPD (PQW5) is based upon internationally acceptable model formats, which have been
adapted to suit the particular needs of the procurement through a pre-qualification process.

The use of SPD (PQW5) applies when a particular Procuring Entity (Employer) intends to
select a Tenderer (a Contractor) for the international Procurement of Works and physical
services under Open Tendering Method (OTM) while the contract award is being
subsequently determined on the basis of lowest evaluated responsive Tender.

CPTU-IMED PQW5-OTM (International)

The Employer addresses its specific needs through the information provided in the
Application Data Sheet (ADS).
Guidance notes in brackets and italics are provided for both the Employer and the
Applicants and as such the Employer should carefully decide what notes need to remain
and what other guidance notes might be required to assist the Applicant in preparing its
Application Submission; so as to minimise the inept Pre-qualification Process. The
Invitation for Pre-qualification (IFP) is provided in this Pre-qualification Document for
information only.
SPD (PQW5) when properly completed will provide all the information that an Applicant
needs in order to prepare and submit an Application. This should provide a sound basis on
which the Employer can fairly, transparently and efficiently carry out the Application
evaluation process on the Applications submitted by the Applicants.
The prequalification process includes four main phases: (i) Advertising, (ii)
Preparation and Issuing of the Prequalification Document, (iii) Application
Preparation and Submission and, (iv) Application Evaluation, and Prequalification of
Applicants.

SPD (PQW5) has 4 Sections, of which Section 1: Instruction to Applicants must not be
altered or modified under any circumstances.
The following briefly describes the Sections of SPD (PQW5) and how the Employer should
use these when preparing a particular Pre-qualification Document.
Section 1. Instructions to Applicants (ITA)
This Section provides relevant information to help Applicants prepare their
Applications. Information is also provided on the submission, opening, and
evaluation of Applications and on the award of Contract. The Instruction to
Applicants (ITA) specifies the instructions and procedures that govern the
pre-qualification process. This Section also contains the criteria to be used by
the Employer to determine the qualifications of the Applicants to participate in
the subsequent Tenders and to perform the Contract.
Section 2. Application Data Sheet (ADS)
This Section provides the information that is specific to each object of
procurement and that supplements the information or requirements included
in Section 1: Instructions to Applicants. The Employer shall specify in the
ADS only the information that the ITA instructs to be specified in the ADS. To
facilitate the preparation of the ADS, its Clause Numbers are numbered with
the same numbers of the corresponding ITA Clauses.
Section 3. Application Forms
This Section provides all Application Forms that Applicants must complete
and submit together with their Applications. These Forms are included in
Section 3 of the Pre-qualification Document.

Section 4. Scope of Works

This Section provides sufficient information for an Applicant to decide whether
or not to compete for this type of the Works, and whether it will need to use
Subcontractors for specific parts of the Works, and/or form a Joint Venture
including information on Description of Works, Construction Period(s) and,
Site and other Data.

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CPTU-IMED PQW5-OTM (International)
A Brief Notes on IFP, Sample Formats for Notification and a Pre-qualification Evaluation
Flow Chart attached at the back for information and overall guidance for the Employer only
and shall not be the part of the Pre-Qualification Document.

[enter here the name and address of the Employer]

PRE-QUALIFICATION DOCUMENT
FOR PROCUREMENT OF WORKS (INTERNATIONAL)

[enter here the nature of the works and physical services to be procured]

CPTU-IMED PQW5-OTM (International)

Invitation for Pre-qualification No:
Issued on:
Tender Package No:

Table of Contents

Section 1. Instructions to Applicants.............................................................

A. General............................................................................................................
1. Scope of Application...........................................................................................7
2. Interpretation......................................................................................................7
3. Source of Funds.................................................................................................7
4. Corrupt, Fraudulent, Collusive or Coercive Practices........................................2
5. Eligible Applicants..............................................................................................3
6. Eligible Materials, Equipment and Associated Services.....................................4
7. Site Visit..............................................................................................................4
B. Pre-qualification Document...........................................................................
8. Pre-qualification : General..................................................................................4
9. Clarification of Pre-qualification Document........................................................5
10. pre- Pre-qualification Meeting.........................................................................5
11. Addendum to Pre-qualification Document.......................................................5
C. Qualification Criteria.............................................................................................
12. Qualification......................................................................................................6
13. Litigation History...............................................................................................7
14. Experience Criteria...........................................................................................7
15. Financial Criteria...............................................................................................7
16. Personnel Capacity..........................................................................................8
17. Equipment Capacity.........................................................................................8
18. Joint Venture, Consortium or Association (JVCA)............................................8
19. Subcontractor(s)...............................................................................................9
20. Domestic Preference........................................................................................9
D. Application Preparation...............................................................................
21. Only One Application......................................................................................10
22. Cost of Submitting Applications......................................................................10
23. Issuance and Sale of Pre-qualification Document..........................................10
24. Language of Application.................................................................................11
25. Contents of Application...................................................................................11
26. Application Submission Letter........................................................................12
27. Documents Establishing Eligibility of the Applicants......................................12
28. Documents Establishing the Applicant’s Qualification....................................13
29. Format and Signing of Application.................................................................14
E Application Submission...............................................................................
30. Sealing,Marking and Submission of Application............................................14
31. Deadline for Submission of Application..........................................................15
32. Late Application..............................................................................................15
F. Application Opening and Evaluation..........................................................
33. Application Opening.......................................................................................15

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CPTU-IMED PQW5-OTM (International)
 34. Application Evaluation ...................................................................................16
35. Evaluation Process.........................................................................................16
36. Preliminary Examination.................................................................................16
37. Technical Examination and Responsiveness.................................................17
38. Clarification on Application.............................................................................17
39. Restrictions on Disclosure of Information Relating to Pre-qualification Process
......................................................................................................................18
40. Rejection of All Applications...........................................................................18
41. Informing Reasons for Rejection....................................................................18
G. Pre-qualification...........................................................................................
42. Pre-qualification of Applicants........................................................................19
43. Conditional Pre-qualification of Applicants.....................................................19
44. Notification of Pre-qualification.......................................................................19
45. Debriefing of Applicants..................................................................................19
46. Right to Complain...........................................................................................19
47. Invitation for Tenders......................................................................................20
48. Changes in Qualifications of Applicants.........................................................20
49. Post-qualification............................................................................................20
Section 2. Application Data Sheet.................................................................
A. General..........................................................................................................
B. Pre-qualification Document.........................................................................
C. Qualification Criteria....................................................................................
D. Application Preparation...............................................................................
E. Application Submission..............................................................................
F. Application Opening and Evaluation..........................................................
G. Pre-qualification...........................................................................................
Section 3. Application Forms........................................................................
Application Submission Letter(Form PQW5-1)
Applicant Information (Form PQW5-2).............................................................................30
JVCA Partner Information (Form PQW5-3)......................................................................33
Specialist Subcontractor Information (Form PQW5-4)...................................................36
Historical Contract Non-Performance (Form PQW5-5)
Personnel Information (Form PQW5-6)............................................................................39

Section 4. Scope of Works.............................................................................

CPTU-IMED PQW5-OTM (International)

 Section 1. Instructions to Applicants

A. General
1. Scope of 1.1 The Employer, as indicated in the Application Data Sheet (ADS)
Application issues this Pre-qualification Document for the international
procurement of Works and associated Services incidental thereto
as specified in the ADS. The name of the subsequent Tender and
the number and identification of its constituent lot(s) are stated in
the ADS.

1.2 The successful Applicant and thereafter the Tenderer shall be

required to execute the works and physical services as would be
specified in the subsequent Tender.

2. Interpretation 2.1 Throughout this Pre-qualification Document:

(a) the term “in writing” means communication written by hand
or machine duly signed and includes properly authenticated
messages by facsimile or electronic mail;
(b) if the context so requires, singular means plural and vice
versa;
(c) “day” means calendar days unless otherwise specified as
working days;
(d) “Pre-qualification Document” means the Document
provided by the Employer to an Applicant as a basis for
preparation of the Application; and
(e) “Application” depending on the context, means an
Application submitted by an Applicant for pre-qualification to
participate in the subsequent Tenders and to perform the
Contract, in response to an Invitation for Pre-qualification.

3. Source of 3.1 The Employer has been allocated ‘public funds’ as indicated in
Funds the ADS and intends to apply a portion of the funds to eligible
payments under the Contract for which this Pre-qualication
Document is issued.

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CPTU-IMED PQW5-OTM (International)
 3.2 For the purpose of this provision, “public funds” means any
funds allocated to the Employer under Government budget, or
loan, grants and credits placed at the disposal of the Employer
through the Government by the Development Partners or
foreign states or organisations.

3.3 Payments by the Development Partner, if so indicated in the

ADS, will be made only at the request of the Government and
upon approval by the Development Partner or foreign state or
organisation in accordance with the applicable Loan / Credit /
Grant Agreement, and will be subject in all respects to the terms
and conditions of that Agreement.

4. Corrupt, 4.1 The Government requires that Employer, as well as Applicants,

Fraudulent, Tenderers and Contractors shall observe the highest standard of
Collusive or ethics during implementation of procurement proceedings and the
Coercive execution of Contracts under public funds.

4.2 The Government requires that Employer, as well as Applicants,

Tenderers and Contractors shall, during the Procurement
proceedings and the execution of Contracts under public funds,
ensure-
(a) strict compliance with the provisions of Section 64 of the
Public Procurement Act, 2006;
(b) abiding by the code of ethics as mentioned in the
Rule127 of the Public Procurement Rules, 2008;
(c) that neither it’s any officer nor any staff nor any other
agents nor intermediaries working on its behalf engages in
any such practice as detailed in ITA Sub Clause 4.2(b).

CPTU-IMED PQW5-OTM (International)

 Practices 4.3 For the purposes of ITA Sub Clause 4.2, the terms set forth below
as follows:
(a) “corrupt practice” means offering, giving or promising to
give, receiving, or soliciting either directly or indirectly, to
any officer or employee of the Employer or other public or
private authority or individual, a gratuity in any form;
employment or any other thing or service of value as an
inducement with respect to an act or decision or method
followed by the Employer in connection with a Procurement
proceeding or Contract execution;
(b) “fraudulent practice” means the misrepresentation or
omission of facts in order to influence a decision to be taken
in a Procurement proceeding or Contract execution;
(c) “collusive practice” means a scheme or arrangement
between two (2) or more Persons, with or without the
knowledge of the Employer, that is designed to arbitrarily
reduce the number of Applications or subsequent Tenders
submitted or fix Tender prices at artificial, non-competitive
levels, thereby denying the Employer the benefits of
competitive price arising from genuine and open competition;
(d) “coercive practice” means harming or threatening to harm,
directly or indirectly, Persons or their property to influence a
decision to be taken in the Procurement proceeding or the
execution of a Contract, and this will include creating
obstructions in the normal submission process used for
Applications or subsequent Tenders.
4.4 Should any corrupt, fraudulent, collusive or coercive practice of
any kind come to the knowledge of the Employer, it will, in the first
place, allow the Applicant to provide an explanation and shall, take
actions only when a satisfactory explanation is not received. Such
decision and the reasons thereof, shall be recorded in the record of
the procurement proceedings and promptly communicated to the
Applicant concerned. Any communications between the Applicants
and the Employer related to matters of alleged fraud or corruption
shall be in writing.
4.5 If corrupt, fraudulent, collusive or coercive practices of any kind
is determined by the Employer against any Applicant alleged to
have carried out such practices, the Employer shall :
(a) exclude the concerned Applicant from further participation
in the particular Procurement proceeding; or
(b) reject any recommendation for award that had been
proposed for that concerned Applicant; or
(c) declare, at its discretion, the concerned Applicant to be
ineligible to participate in further Procurement
proceedings, either indefinitely or for a specific period of
time.
4.6 Applicants shall be aware of the provisions on corruption,
fraudulence, collusion and coercion in Section 64 of the Public
Procurement Act, 2006 and Rule 127 of the Public Procurement
Rules, 2008.

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CPTU-IMED PQW5-OTM (International)
 5. Eligible 5.1 This Invitation for Pre-qualification is open to all potential
Applicants Applicants from all countries, except for any specified in the
ADS. An Applicant will be eligible if it is a citizen, or is
constituted, registered and operates in conformity with the
provisions of the laws of that country.
5.2 Applicants may be a physical or juridical individual or body of
individuals, or company, association or any combination of them
in the form of a Joint Venture, Consortium or Association (JVCA)
invited to take part in public procurement or seeking to be so
invited or submitting a Applicant in response to an Invitation for
Pre-qualification.

5.3 A Government-owned enterprise in Bangladesh shall be eligible

to participate in the pre-qualification process if it is legally and
financially autonomous, it operates under commercial law, and it
is not a dependent agency of the Employer.

5.4 Applicants shall have the legal capacity to enter into the Contract
under the Applicable Law.

5.5 Applicants and all parties constituting the Applicant shall not have a
Conflict of Interest.

5.6 Applicants in its own name or its other names or also in the case
of its Persons in different names shall not be under a declaration
of ineligibility for corrupt, fraudulent, collusive or coercive
practices as stated under ITA Sub Clause 4.5.

5.7 Applicants with a poor performance, consistent history of

litigation or arbitration awards against it shall not be eligible for
pre-qualification.

5.8 Applicants shall not be insolvent, be in receivership, be bankrupt,

be in the process of bankruptcy, be not temporarily barred from
undertaking business and it shall not be the subject of legal
proceedings for any of the foregoing.

5.9 Applicants shall have fulfilled its obligations to pay taxes and social
security contributions under the provisions of laws and regulations
of the country of its origin.

5.10 Applicants shall provide such evidence of their continued

eligibility satisfactory to the Employer, as the Employer will
reasonably request.

5.11 Applicants’ requirements for eligibility will extend, as applicable,

to each JV partner and Specialist Subcontractor proposed by the
Applicant.

6. Eligible 6.1 All materials, equipment and associated services to be supplied

Materials, under the Contract are from eligible sources, unless their origin
Equipment is from a country specified in the ADS.

CPTU-IMED PQW5-OTM (International)

 and 6.2 For the purposes of this Clause, “origin” means the place
Associated where the Materials and Equipments are mined, grown,
Services cultivated, produced or manufactured or processed, or through
manufacturing, processing, or assembly, another commercially
recognized new product results that differs substantially in its basic
characteristics from its components or the place from which the
associated services are supplied.
7. Site Visit 7.1 Applicants are advised to visit and examine the Site of Works
and its surroundings and obtain for itself on its own responsibility
all information that may be necessary for preparing the
Application, submission of subsequent Tender and entering into
a contract for construction of the Works.
7.2 Applicants and any of its personnel or agents will be granted
permission by the Employer to enter into its premises and lands
for the purpose of such visit, but only upon the express condition
that the Applicant, its personnel, and agents will release and
indemnify the Employer and its personnel and agents from and
against all liability in respect thereof, and will be responsible for
death or personal injury, loss of or damage to property, and any
other loss, damage, costs, and expenses incurred as a result of
the inspection.
7.3 The costs of visiting the Site shall be at the Applicants’ own
expense.

B. Pre-qualification Document
8. Pre- 8.1 The Sections comprising the Pre-qualification Document are
qualification listed below, and should be read in conjunction with any
: General Addendum issued under ITA Clause 11.
 Section 1 Instructions to Applicants(ITA)
 Section 2 Application Data Sheet (ADS)
 Section 3 Application Forms
 Section 4 Scope of Works

8.2 The Employer will not take into consideration any Application if
the Pre-qualification Document was not directly purchased from,
or issued by the Employer, or through its agent(s) as stated in the
ADS.

8.3 Applicants are expected to examine all instructions, forms, terms,

and specifications in the Pre-qualification Document as well as in
Addendum to Pre-qualification, if any.

9. Clarification 9.1 Applicants requiring any clarification of the Pre-qualification

of Pre- Document shall contact the Employer in writing at the Employer’s
qualification address indicated in the ADS before two-third of the time allowed
Document for preparation and submission of Application elapses.

9.2 The Employer is not obliged to answer any clarification request

received after that date as stated under ITA Sub Clause 9.1.

9.3 The Employer shall respond in writing within five (5) working days

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CPTU-IMED PQW5-OTM (International)
 of receipt of any such request for clarification received under ITA
Sub Clause 9.1.

9.4 The Employer shall forward copies of its response to all those who
have purchased or have been issued with the Pre-qualification
Document, including a description of the enquiry but without
identifying its source.
9.5 Should the Employer deem it necessary to revise the Pre-
qualification Document as a result of a clarification, it will do so
following the procedure under ITA Clause 11 and ITA Sub Clause
31.2.
10. pre- Pre- 10.1 To clarify issues and to answer questions on any matter arising in
qualification the Pre-qualification Document, the Employer may, if stated in the
Meeting ADS, hold a pre-Pre-qualification Meeting at the place, date and time
as specified in the ADS. All Applicants are encouraged and invited to
attend the meeting, if it is held.
10.2 Minutes of the pre-Pre-qualification meeting, including the text of
the questions raised and the responses given, together with any
responses prepared after the meeting, will be transmitted within
seven (7) days of holding the meeting to all those who purchased
or obtained the Pre-qualification Document and, to even those
who did not attend the meeting. Any revision to the Pre-
qualification Document listed in ITA Sub Clause 8.1 that may
become necessary as a result of the pre- Pre-qualification
meeting will be made by the Employer exclusively through the
issue of an Addendum pursuant to ITA Sub Clause 11 and not
through the minutes of the pre- Pre-qualification meeting.
10.3 Non-attendance at the pre- Pre-qualification meeting will not be a
cause for disqualification of an Applicant.

11. Addendum 11.1 At any time prior to the deadline for submission of Applications, the
to Pre- Employer, on its own initiative or in response to an inquiry in writing
qualification from an Applicant, having purchased the Pre-qualification Document,
Document or as a result of a pre- Pre-qualification meeting may revise the Pre-
qualification Document by issuing an Addendum.

11.2 The Addendum issued under ITA Sub Clause 11.1 shall become an
integral part of the Pre-qualification Document and shall have a date
and an issue number and must be circulated by fax, mail or e-mail,
to Applicants who have purchased or been issued with the Pre-
qualification Documents within five (5) working days of issuance of
such Addendum, to enable Applicants to take appropriate action.

11.3 Applicants shall acknowledge receipt of an Addendum within three

(3) working days.

11.4 The Employer shall also ensure posting of the relevant Addenda with
the reference number and date on their websites including notice
boards, where the Employer had originally posted the IFPs.

11.5 Applicants who have purchased or been issued with the Pre-
CPTU-IMED PQW5-OTM (International)
 qualification Documents and, have not received any Addenda issued
under ITA Sub Clause 11.1 shall inform the Employer of the fact by
fax, mail or e-mail, before two- third of the time allowed for the
submission of Application has elapsed.

11.6 To give potential Applicants a reasonable time in which to take an

Addendum into account in preparing its Application, the Employer
may, at its discretion, extend the deadline for the submission of
Application as stated under Sub Clause 31.2.

11.7 If an Addendum is issued when time remaining is less than one-

third of the time allowed for the preparation of Applications, the
Employer shall extend the deadline by an appropriate number of
days for the submission of Applications, depending upon the nature
of the Procurement requirement and the addendum. The minimum
time for such extension shall not be less than three (3) days.

C. Qualification Criteria
12. 12.1 Applicants shall be able to abide by the professional and ethical
Qualification standards set out in Section 64 of the Public Procurement Act,
2006 and Rule 127 of the Public Procurement Rules, 2008.
12.2 The Employer requires the Applicants to be qualified by meeting
predefined, precise minimum requirements, which entails setting
pass/fail criteria, which if not met by the Applicants, will result in
consideration of its Application as disqualified.
12.3 In addition to meeting the eligibility criteria, as stated under ITA
Clause 5, the Applicant shall satisfy the other criteria as stated
under ITA Clauses 12 to 19 inclusive.
12.4 Applicants, with regard to professional and technical capacity to
execute Works they are applying for, shall possess:
(i) the professional and technical qualifications;
(ii) managerial capability;
(iii) satisfactory reputation for diligent and non-problematic
performance of contracts; and
(iv) appropriate personnel required to perform the contract; both
in terms of numbers and skills.
12.5 To qualify for a multiple number of lots in a package for which
Applications are invited in the Invitation for Pre-qualification, the
Applicants shall demonstrate having requirements and resources
sufficient to meet the aggregate of the qualifying criteria for
individual lots.
12.6 The requirements of general experience as stated under ITA
Sub Clause 14.1 (a) and specific experience under ITA Sub
Clause 14.1 (b) shall not be separately applicable for each
individual lot.

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CPTU-IMED PQW5-OTM (International)
 13. Litigation 13.1 Non-performance of a contract shall not occur within the last
History years as specified in the ADS, prior to the deadline for
Application submission based on all information on fully settled
disputes or litigation.
For the purpose, a fully settled dispute or litigation is one that has been
resolved in accordance with the Dispute Resolution Mechanism under
the respective contract and where all appeal instances have been
exhausted.
13.2 All pending litigation shall in total not represent more than the
percentage, as specified in the ADS, of the Applicant’s net worth
and shall be treated as resolved against the Applicant.
13.3 For a Joint Venture under ITA Sub Clause 18.1, the precise
minimum requirements of Leading Partner and other partners
shall be as specified in the ADS.
14. Experience 14.1 Applicants shall have the following minimum level of construction
Criteria experience to qualify for participation in the subsequent Tender
and if successful, the performance of the Works under the
Contract:
(a) a minimum number of years of general experience in the
construction of works as Prime Contractor or Subcontractor
or Management Contractor as specified in the ADS; and
(b) a minimum number of years of specific experience as a
Prime Contractor or Subcontractor or Management
Contractor in construction works of a nature, complexity
and methods/construction technology similar to the
proposed Works in at least a number of contracts over the
period, as specified in the ADS; and
(c) satisfactory completion of similar works of a minimum value
under a single or multiple numbers of contracts over a
period, as specified in the ADS.
15. Financial 15.1 Applicants shall have the following minimum level of financial
Criteria capacity to qualify for participation in the subsequent Tender and
if successful, the performance of the Works under the Contract.
(a) the average annual construction turnover as specified in
the ADS during the period specified in the ADS; and
(b) the minimum Tender capacity as specified in the ADS;
(c) availability of minimum liquid assets or working capital or
credit facilities from a Bank, as specified in the ADS.

CPTU-IMED PQW5-OTM (International)

 16. Personnel 16.1 Applicants shall have the following minimum level of personnel
Capacity capacity to qualify for participation in the subsequent Tender and
the performance of the Works under the Contract:
(a) a Construction Project Manager with qualifications and
experience as specified in the ADS;
(b) the minimum number of Engineers with qualifications and
experience as specified in the ADS; and
(c) other key staff with qualifications and experience as
specified in the ADS.

17. Equipment 17.1 Applicants shall own suitable equipment and other physical
Capacity facilities or have proven access through contractual arrangement
to hire or lease such equipment or facilities for the desired period,
where necessary or have assured access through lease, hire, or
other such method, of the essential equipment, in full working
order, as specified in the ADS.

18. Joint 18.1 Applicants may participate in the pre-qualification process and
Venture, subsequent procurement proceedings by forming a Joint Venture,
Consortium Consortium or Associations (JVCA) or alternately with the intent to
or enter into such an agreement supported by a Letter of Intent.
Association
(JVCA) 18.2 The JV agreement, indicating at least the parts of the Works to be
executed by the respective partners, shall be legally entered into
case-by-case in the Applicant’s Leading Partner’s country of origin,
as specified in the ADS, duly signed by all legally authorised
representatives of the Persons who are parties to such agreement.
18.3 Applicants, as an alternate to ITA Sub Clause 18.2, may intend to
enter into a JV agreement case-by-case in the form of a Letter of
Intent along with the proposed agreement, indicating at least the
parts of the Works to be executed by the respective partners, duly
signed by all partners of the intended JV and authenticated by an
authority of the Applicant’s Leading Partner’s country of origin, as
stated in the ADS, with the declaration that the partners will execute
the Joint Venture agreement in the event the Applicant, in the first
place pre-qualified and then successful in the subsequent Tender.
18.4 Applicants shall submit the Letter of Intent and the proposed JV
agreement along with the Application.
18.5 For a Joint Venture under ITA Sub Clause 18.1, the precise
minimum qualification requirements of Leading Partner and other
partners shall be as specified in the ADS.
18.6 In cases where a JV partner’s, personnel capacity, equipment
capacity and financial capacity individually fulfils the precise
minimum qualifying requirement of that particular component as
specified, capacities of such partner(s) in the JV will be combined
together for summation to determine the total precise minimum
qualifying requirements criterion of that JV as stated under ITA Sub
Clause 18.5.

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 18.7 Each partner of the JV shall be jointly and severally liable for the
execution of the Contract, all liabilities and ethical and legal
obligations in accordance with the Contract terms.
18.8 The JV shall nominate a Representative (partner-in-charge) who
shall have the authority to conduct all business for and on behalf of
any and all the partners of the JV during the tendering process and,
in the event the JV is awarded the Contract, during contract
execution including the receipt of payments for and on behalf of the
JV.
18.9 The composition or the constitution of a JV once formed shall not be
allowed to be altered prior to signing of the Contract.
18.10Alteration of partners to the composition or constitution at a date
later than the signing of the Contract during execution shall be
allowed by the Employer only when any of such partners is found to
be incompetent or has serious difficulties which may impact the
overall implementation of the proposed Works, where the incoming
partner shall require to have qualifications higher than that of the
outgoing partner.
18.11Each partner of the JV shall complete the JV Partner Information
(Form PQW5-3) for submission with the Application.
19. 19.1 Applicants may intend to subcontract an activity or part of the Works
Subcontract to a Specialist Subcontractor, in which case such elements and the
or(s) proposed Subcontractor shall be clearly identified and its
qualifications supported by documents.
19.2 A Specialist Subcontractor may participate in more than one
Application, but only in that capacity.

19.3 The Employer may require Applicants to provide more information

about their subcontracting arrangements. If any Specialist
Subcontractor is found ineligible or unsuitable to carry out the
subcontracted tasks, the Employer may request the Applicants to
propose an acceptable substitute.

19.4 The Employer may also select in advance Nominated

Subcontractor(s) to execute certain specific components of the
Works and if so, those will be specified in the ADS.

19.5 The successful Applicants and thereafter the Tenderer(s) shall

under no circumstances assign the Works or any part of it to the
Subcontractor(s).

19.6 Each Specialist Subcontractor shall complete the Specialist

Subcontractor Information (Form PW5-4) for submission with the
Application.

20. Domestic 20.1 If so specified in the ADS, a national Applicant including Joint
Preference Venture comprising only national partners if pre-qualified, shall
qualify for a percentage margin of ‘domestic preference’ in the
subsequent Tender provided the conditions set out in ITA Sub
Clause 20.2 are fully met.

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 20.2 The requirements of a pre-qualified national Applicant to qualify for
‘domestic preference’ in the subsequent Tender shall be :
(a) for an individual firm
(i) it is registered within Bangladesh
(ii) it has more than fifty (50) percent ownership by the
nationals of Bangladesh
(iii) it does not subcontract more than twenty (20) percent of
the Tender price, excluding provisional sums, to foreign contractors
(iv) it meets any other requirements specified in this document
(b) for a Joint Venture
(i) it is registered in Bangladesh
(ii) the individual partners are registered in Bangladesh and have
more than fifty (50) percent ownership by the nationals of
Bangladesh
(iii) it does not sub-contract more than twenty (20) percent of
theTender price ,excluding the provisional sums, to foreign
contractors
(iv) it meets any other requirements specified in this document.
20.3 The national Applicant and subsequently the Tenderer qualifying
for ‘domestic preference’, as stated under ITA Sub Clause
20.2, shall receive a seven and half (7.5) percent margin of
preference only in the evaluation of its subsequent Tender(s)
while comparing the same with those of other Tenderers.

D. Application Preparation
21. Only One 21.1 Applicants shall submit only one (1) Application for each lot, either
Application individually or as a JV. The Applicant who submits or participates in
more than one (1) Application in one (1) lot will cause all the
Applications of that particular Applicant to be considered
disqualified.
22. Cost of 22.1 Applicants shall bear all costs associated with the preparation
Submitting and submission of its Application, and the Employer shall not be
Applications responsible or liable for those costs, regardless of the conduct or
outcome of the Pre-qualification process.
23. Issuance 23.1 The Employer shall make Pre-qualification Documents available
and Sale of immediately to the Applicants, requesting to obtain and willing to
Pre- purchase at the corresponding price by the date the
qualification advertisement has been published in the newspaper.
Document 23.2 Full contact details, with mailing address, telephone and
facsimile numbers and electronic mail address, as applicable,
of those to whom the Pre-qualification Documents have
been issued shall be recorded with a reference number by the
Employer or its agents.
23.3 There shall not be any pre-conditions whatsoever, for sale or
issuance of Pre-qualification Documents and, the sale or
issuance of such Document shall be permitted up to the day
prior to the day of deadline for the submission of Applications.

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 23.4 Pre-qualification Document posted in the designated website
may also be used by the Applicants for submission of
Applications, if so permitted by the Employer and specified in the
ADS.
24. Language of 24.1 The Application shall be written in the English language.
Application Correspondences and documents relating to the Application
may be written in English. Supporting documents and printed
literature furnished by the Applicant that are part of the
Application may be in another language, provided they are
accompanied by an accurate translation of the relevant
passages in English, in which case, for purposes of
interpretation of the Application, such translation shall govern.
24.2 Applicants shall bear all costs of translation to the governing
language and all risks of the accuracy of such translation.
25. Contents of 25.1 The Application prepared by the Applicants shall comprise the
Application following:
(a) Application Submission Letter (Form PQW5-1);
(b) Applicant Information (Form PQW5-2);
(c) documents demonstrating that they are enrolled in the
relevant professional or trade organisations registered in their
country of origin;
(d) written confirmation authorizing the signatory of the
Application to commit the Applicant;
(e) documents confirming the legal capacity stating that there are
no existing orders of any judicial court that prevents either the
Applicant or employees of that Applicant subsequently
entering into or signing a Contract with the Employer;
(f) documents confirming that the Applicant is not insolvent, in
receivership, bankrupt or in the process of bankruptcy,
temporarily barred from undertaking business and shall not
be the subject of legal proceedings for any of the foregoing;
(g) documents confirming that all claims, arbitration or other
litigation cases have been satisfactorily resolved, and if not,
they shall have no serious negative impact on the financial
capacity of the Applicant;
(h) documents confirming that the Applicant has fulfilled its
obligations to pay taxes and social security contributions
under the provisions of laws and regulations of its country
of origin as a proof of fulfilment of taxation obligations;
(i) documents establishing the Applicant’s eligibility to perform
the contract;
(j) documents establishing the origin of all Materials, Equipment
and services to be supplied under the Contract, as stated
under ITA Clause 26;
(k) documents establishing the minimum qualifications of the
Applicant required to be met for due performance of the
Works and physical services under the contract;
(l) any other document as specified in the ADS.
25.2 In addition to the requirements stated under ITA Sub Clause
25.1, Applications submitted by a JV or proposing a Specialised

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 Subcontractor shall include:
(a) Joint Venture Agreement legally entered into in the Applicant’s
Leading Partner’s country of origin, by all partners, as stated
under ITA Sub Clause 18.2;
or
(b) Letter of Intent along with the proposed agreement duly
signed by all partners of the intended JV and authenticated
by an authority of the Applicant’s Leading Partner’s country
of origin with the declaration that it will execute the Joint
Venture Agreement in the event the Applicant and the
Tenderer is successful in the subsequent Tender, as stated
under ITA Sub Clause 18.3;
(c) the JV Partner Information (Form PQW5-3), as stated under
ITA Sub Clause 18.11;
(d) the Specialist Subcontractor Information (Form PQW5-4), as
stated under ITA Sub Clause 19.6.
26. Application 26.1 Applicants shall submit the Application Submission Letter (Form
Submission PQW5-1), which shall be completed without any alterations to its
Letter format, filling in all blank spaces with the information requested,
failing which the Application may be considered disqualified as
being incomplete.
27. Documents 27.1 Applicants, if applying as a sole Applicant, shall submit
Establishing documentary evidence to establish its eligibility as stated under
Eligibility of ITA Clause 5 and, in particular, it shall:
the (a) complete the eligibility declarations in the Application
Applicants Submission Letter (Form PQW5-1);
(b) complete the Applicant Information (Form PQW5-2)
providing photocopies of the original documents requested;
(f) complete the Specialist Subcontractor Information (Form
PQW5-4), if it intends to engage any Specialist
Subcontractor(s);
(g) provide the documents establishing eligibility as stated
under ITA Clause 20.1.

27.2 Applicants, if applying as a partner of an existing or intended JV

shall submit documentary evidence to establish its eligibility as
stated under ITA Clause 5 and, it shall:
(a) provide for each JV partner, completed JV Partner
Information (Form PQW5-3);
(b) provide the JV agreement executed on a non-judicial stamp
of value or equivalent as stated under ITA Sub Clause 18.2,
or Letter of Intent along with the proposed agreement of the
intended JV as stated under ITA Sub Clause 18.3.

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 28. Documents 28.1 Applicants shall complete and submit the Applicant Information
Establishing (Form PQW5-2) and shall include documentary evidence, as
the applicable to satisfy the following:
Applicant’s (a) details on the financial standing of the Tenderer, such as
Qualification profit and loss statements and corresponding auditor’s report
establishing the liabilities and assets, as stated under ITA
Sub Clause 13.2;
(b) details of general experience in construction works on case-
by-case procurement proceedings performed for each of the
last years along with the sums, dates and recipients, as
stated under ITA Sub Clause 14.1(a) ;
(c)
(d) details of specific experience in construction works of similar
nature and size on case-by-case procurement proceedings
performed for each of the last years along with the sums,
dates and recipients, as stated under ITA Sub Clauses
14.1(b) and (c);
(e) details of average annual construction turnover for a period
as stated under ITA Sub Clause 15.1(a);
(f) details of existing commitments and works to assess the
minimum Tender Capacity as stated under ITA Sub Clause
15.1(b);
(g) details of adequacy of working capital for the subsequent
Tender i.e. access to line(s) of credit and availability of other
financial resources as stated under ITA Sub Clause 15.1(c);
(h) details of numbers of technical and administrative personnel
along with their qualification and experience proposed for
the subsequent Tender as stated under ITA Clause 16;
(i) details of Applicant’s technical facilities, available major
construction equipments, measures for ensuring quality
such as, ISO certification and design, research and
development facilities proposed to carry out the Contract as
stated under ITA Clause 17;
(j) details of Procuring Entities who may be contacted, if
necessary, by the Employer; and
(i) authority to seek references from the Applicant’s bankers or
any other sources.
28.2 Applicants, if applying as an existing or intended JV, shall submit
documentary evidence to establish its qualifications as stated
under ITT Clauses 12,13,14,15,16 &17 and, in particular, in
addition to that as stated under ITT Sub Clause 28.1, it shall
submit an affidavit nominating one of the JV partners as the
REPRESENTATIVE (partner-in-charge) who shall have the
authority to conduct all business for and on behalf of any and all
the partners of the JV during the tendering process and, in the
event the JV is awarded the Contract, during contract execution
including the receipt of payments for and on behalf of the JV.

28.3 If ‘domestic preference’ applies as stated under ITA Sub Clause

20.1, the national Applicants, individually or in Joint Ventures,
applying for eligibility for ‘domestic preference’ shall provide all
information required to satisfy the criteria for eligibility as stated
CPTU-IMED PQW5-OTM (International)
 under ITA Sub Clause 20.2.

29. Format and 29.1 The Applicant shall prepare one (1) original of the documents
Signing of comprising the Application as described in ITA Clause 21 and
Application clearly mark it “ORIGINAL.” In addition, the Applicant shall
prepare the number of copies of the Application, as specified in the
ADS and clearly mark each of them “COPY.” In the event of any
discrepancy between the original and the copies, the ORIGINAL
shall prevail.
29.2 The original and each copy of the Application shall be typed or
written in indelible ink and shall be signed by the Person duly
authorized to sign on behalf of the Applicant. This authorization
shall consist of a written authorization and shall be attached to the
Application Submission Letter (Form PQW5-1). The name and
position held by each Person(s) signing the authorization must be
typed or printed below the signature. All pages of the original and
of each copy of the Application, except for un-amended printed
literature, shall be numbered sequentially and signed or initialled
by the person signing the Application.
29.3 In case of JV, the application of the provisions as stated under ITA
Sub Clause 29.2 shall extend up to each partner of that existing or
intended JV.
29.4 Any interlineations, erasures, or overwriting will be valid only if they
are signed or initialled by the Person(s) signing the Application.

29.5 Person(s) signing the Application shall describe his or her name,
address, position along with his or her national Identification
Number, if any.

E. Application Submission
30. Sealing, 30.1 The Applicant shall enclose the original in one (1) envelope and all
Marking and the copies of the Application in another envelope, duly marking the
Submission envelopes as “ORIGINAL” and “COPY.” These sealed envelopes
of Application will then be enclosed and sealed in one (1) single outer envelope.

30.2 The inner and outer envelopes shall:

(a) be addressed to the Employer at the address as stated
under ITA Sub Clause 31.1;
(b) bear the name of the Application and the Tender Package
Number clearly marked “Application to Prequalify for [name of
the subsequent Tender and the Application Reference and Lot
Number(s)]” as stated under ITA Sub Clause 1.1;

(c) bear the name and address of the Applicant;

(d) bear a statement “DO NOT OPEN BEFORE
----------------------”, the time and date for Application opening
as stated under ITA Sub Clause 33.2;
(e) bear any additional identification marks as specified in the
ADS.

22
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 30.3 The Applicant is solely and entirely responsible for pre-disclosure
of Application information if the envelope(s) are not properly sealed
and marked.

30.4 Applications shall be delivered by hand or by mail, including

courier services at the address(s), as stated under ITA Sub Clause
31.1.

30.5 Applications shall be submitted on the basis of this Pre-

qualification Document issued by the Employer.

30.6 Applications shall be received by the Employer and kept in safe

custody until opening of the same by the Tender Opening
Committee.

30.7 The Employer will, on request, provide the Applicant with

acknowledgement of receipt showing the date and time when its
Application was received.

31. Deadline for 31.1 Applications shall be delivered to the Employer at the address
Submission specified in the ADS and no later than the date and time specified
of Application in the ADS.

31.2 The Employer may at its discretion on justifiably acceptable

grounds duly recorded, extend the deadline for submission of
Applications as stated under ITA Sub Clause 31.1, in which case
all rights and obligations of the Employer and Applicants previously
subject to the deadline will thereafter be subject to the new
deadline as extended.

32. Late 32.1 Any Application received by the Employer after the deadline for
Application submission of Applications as stated under ITA Sub Clause 31.1
shall be declared LATE, excluded, and returned unopened to the
Applicant.

F. Application Opening and Evaluation

33. Application 33.1 Applications shall be opened by the Tender Opening Committee
Opening (TOC).

33.2 Applications shall be opened immediately after the deadline for

submission of Applications at the time and place as specified in
the ADS.

33.3 After opening the envelopes , details of each Application will be

recorded as follows:
(i) the name and address of the Applicants;
(ii) such other details as the TOC, at its discretion, may
consider appropriate.

CPTU-IMED PQW5-OTM (International)

 33.4 Upon completion of Application opening, all members of the
TOC attending the Application opening shall sign by name,
address, designation and their national Identification Numbers (if
any), the Application Opening Sheet, copies of which shall be
issued to the Head of the Procuring Entity or an officer
authorised by him or her and also to the members of the TOC
and any authorised Consultants immediately, including the
Applicant requesting for.

33.4 No Application will be considered disqualified at the Application

opening stage except the LATE Application.

34. Application 34.1 Applications shall be examined and evaluated only on the basis
Evaluation of the conditions, criteria and requirements defined in the Pre-
qualification Document.

34.2 The Employer’s Tender Evaluation Committee (TEC) shall

examine, evaluate and qualify the Applications that are
responsive to the mandatory requirements of Pre-qualification
Documents in order to identify the successful Applicants, on
‘pass or fail’ basis.

34.3 The Head of the Procuring Entity may form a Technical Sub-
Committee (TSC) of experienced persons to assist the TEC in
the examination and evaluation.

35. Evaluation 35.1 The TEC may consider an Application as qualified in the
Process Evaluation, only if it is submitted in compliance with the
mandatory requirements set out in the Pre-qualification
Document. The evaluation process should begin immediately
after application opening following two broad steps:
(a) Preliminary examination
(b) Technical examination and responsiveness

36. Preliminary 36.1 Firstly, compliance, adequacy and authenticity of the

Examination documentary evidences for meeting the eligibility and
qualification criterion specified in the corresponding Sections of
the Pre-qualification Document shall be preliminarily examined.

36.2 Examination of the compliance, adequacy and authenticity of the

documentary evidence may follow the order below:
(a) verification of the completeness of the eligibility declarations in
the Application Submission Letter (Form PQW5-1) as furnished
in Section 3: Application Forms;
(b) verification of the completeness of the Applicant Information
(Form PQW5-2) as furnished in Section 3: Application
Forms;
(c) verification of the completeness of the JV Partner Information
(Form PQW5-3) as furnished in Section 3: Application
Forms;

24
CPTU-IMED PQW5-OTM (International)
 (d) verification of the completeness of the Specialist Subcontractor
Information (Form PQW5-4) as furnished in Section 3:
Application Forms;
(e) verification of that the Applicant’s country of origin is not
ineligible;
(f) verification of that the Applicant is enrolled in the relevant
professional or trade organisations registered in its country of
origin;
(g) verification of that the written authorisation confirming the
signatory of the Applicant to commit the Application and the
subsequent Tender has been attached with the Application
Submission Letter (Form PQW5-1) as stated under ITA Sub
Clause 29.2; in order to check the authenticity of the Application
and the Applicant itself;
(h) verification of the eligibility in terms of legal capacity and
fulfilment of taxation obligations by the Applicant;
(i) verification of that all the documents required, as stated under
ITA Clause 28 for an Application, has been provided and
requirements met by an Applicant;
(j) verification of that all the documents required, as stated under
ITA Clause 18 and ITA Clause 27.2 for a Joint Venture
Application, has been provided and requirements met, if it is a
joint venture Application;
(k) verification of that the Applicant is not insolvent, in receivership,
bankrupt, in the process of bankruptcy or temporarily barred;
(l) verification of the status of claims, arbitration and other litigation
cases of the Applicant as stated under ITA Clause 5 and ITT
Clause 13;

37. Technical 37.1 Secondly, the TEC will evaluate the technical aspects of the
Examination Application submitted as stated under ITA Clauses 27 and 28, to
and confirm that all mandatory requirements have been met which
Responsivenes may follow the order below.
s 37.2 The TEC’s determination of an Applicant’s responsiveness is to
be based on the documentary evidence as stated under ITA
Clause 25 without recourse to extrinsic evidence.
37.3 Information contained in an Application submission that was not
requested in the Pre-qualification Document shall not be
considered in evaluation of the Application.
37.4 An Application shall be considered responsive in the evaluation,
only when it is submitted in compliance with the mandatory
requirements set out in the Pre-qualification Document without
material deviation or reservation.
37.5 If, after the examination of the conditions and the mandatory
requirements of the Application, the TEC determines that the
Application is not responsive in accordance with ITA Clause 25,
it shall consider the Application disqualified.
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 37.6 If an Application is considered disqualified by the TEC, it will not
subsequently be made qualified by correction of the material
deviation or reservation.

38. Clarification 38.1 The TEC may ask the Applicants for clarification on their
on Application Applications about specific matters, in order to facilitate the
examination and evaluation of Applications. The request for
clarification by the TEC and the response from the Applicants
shall be in writing, and Application clarifications which may lead
to a change in the substance of the Application or in any of the
key elements of the Application will neither be sought nor be
permitted.

38.2 Any request for clarifications by the TEC shall not be directed
towards making an apparently disqualified Application
qualified and reciprocally the response from the concerned
Applicant shall not be articulated towards any addition,
alteration or modification to its Application.

38.3 If an Applicant does not provide clarifications of its Application

by the date and time set in the TEC’s written request for
clarification, its Application shall not be considered in the
examination and evaluation.

38.4 Requests for clarifications on Applications shall be duly

signed only by the TEC Chairperson.

39. Restrictions 39.1 Following the opening of Applications until issuance of

on Disclosure Notification of Pre-qualification no Applicant shall, unless
of Information requested to provide clarification on its Application or unless
Relating to Pre- necessary for submission of a complaint, communicate with
qualification the concerned Employer.
Process
39.2 Applicants shall not seek to influence in anyway, the
examination and evaluation of the Applications.

39.3 Any effort by an Applicant to influence the Employer in its

decision concerning the examination and evaluation of
Applications may result in the consideration its Application as
disqualified as well as further action in accordance with
Section 64 (5) of the Public Procurement Act, 2006.

39.4 All clarification requests shall remind the Applicants of the

need for confidentiality and that any breach of confidentiality
on the part of the Applicant may result in their Application
being disqualified.

40. Rejection of 40.1 The Employer may, in the circumstances when evidence of
All Applications professional misconduct affecting seriously the Procurement
process has been established, reject all Applications following
recommendations from the TEC only after the approval of such
recommendations by the Head of the Procuring Entity.

26
CPTU-IMED PQW5-OTM (International)
 40.2 The Employer, on justifiable grounds, may annul the
Procurement proceedings with prior approval of the Head of the
Procuring Entity, any time prior to the deadline for submission of
subsequent Tenders following specified procedures.

40.3 All Applications received by the Employer shall be returned

unopened, where applicable, to the Applicants in the event
Procurement proceedings are annulled under ITT Sub Clause
40.2.

41. Informing 41.1 Notice of the rejection will be given promptly within seven (7)
Reasons for days of decision taken by the Employer to all Applicants and, the
Rejection Employer will, upon receipt of a written request, communicate to
any Applicant the reason(s) for its rejection but is not required to
justify those reason(s).

G. Pre-qualification
42. Pre- 42.1 All Applicants who’s Applications have met or ‘passed’ the
qualification of minimum specified requirements will, to the exclusion of all
Applicants others, be pre-qualified by the Employer.

42.2 There shall be no upper limit of Pre-qualified Applicants.

43. Conditional 43.1 The number of pre-qualified Applicants while is below

Pre- minimum three (3), “conditional Pre-Qualification” may be
qualification of permitted by the Employer, which shall mean that the
Applicants Applicant substantially meets the qualification criteria apart
from some minor deficiencies.

43.2 The “conditionally pre-qualified” Applicants must rectify

such minor deficiencies identified by the TEC prior to
submission of its subsequent Tenders.

44. Notification of 44.1 The Employer, upon completion of the examination and
Pre- evaluation of the Applications with approval of the Head of the
qualification Procuring Entity, shall notify all Applicants in writing, of the
names of those Applicants who have been pre-qualified.

45. Debriefing of 45.1 The Employer shall, upon receipt of a request from an
Applicants unsuccessful Applicant, notify that Applicant in writing of the
grounds for its exclusion, but the Employer is not bound to
provide any further information or explanation of those
grounds.

45.2 In the case of debriefing, confidentiality of the examination

and evaluation process shall be maintained.

CPTU-IMED PQW5-OTM (International)

 46. Right to 46.1 Any Applicant has the right to complain if it has suffered or
Complain likely to suffer loss or damage due to a failure of a duty
imposed on the Employer to fulfil its obligations in accordance
with Section 29 of the Public Procurement Act 2006 and Part
12 of Chapter Three of the Public Procurement Rules, 2008.

46.2 Circumstances in which a formal complaint may be lodged in

sequence by an Applicant against a Employer pursuant to
Rule 56 of the Public Procurement Rules, 2008, and the
complaints, if any, be also processed pursuant to Rule 57 of
the Public Procurement Rules 2008.

46.3 The Applicant shall submit his or her complaint in writing

within seven (7) calendar days of becoming aware of the
circumstances giving rise to the complaint.

46.4 In the first instance, the Applicant shall submit his or her
complaint to the Employer who issued the Pre-qualification
Document.

46.5 The place and address for the first stage in the submission of
complaints to the administrative authority is provided in the
ADS.

46.6 An Applicant may appeal to a Review Panel only when that

Applicant has exhausted all his or her options of complaints to
the administrative authority as stated under ITA Sub Clause
46.2.

47. Invitation for 47.1 Promptly after the Notification of Pre-qualification, the
Tenders Employer shall invite subsequent Tenders from only the
Applicants that have been pre-qualified as stated under ITA
Sub Clause 44.1.

48. Changes in 48.1 Any change in the structure or formation, after an Applicant
Qualifications being pre-qualified and invited to tender, shall not be permitted
of Applicants to submit Tender without the written approval of the Head of
Procuring Entity prior to the deadline for submission of
Tenders.

48.2 Such approval shall be denied if as a consequence of the

change the Applicant no longer substantially meets the
qualification criteria set forth in the Pre-qualification Document
or if in the opinion of the Head of the Procuring entity, a
substantial reduction in competition may result.

48.3 Any such changes, as stated under ITA 48.1, shall be

submitted to the Employer not later than fourteen (14) days
after the date of Invitation for Tenders.

49. Post- 49.1 Post-qualification of the successful Tenderer(s) will be done

qualification prior to consequent Award of Contract even if this Pre-
qualification has been carried out.

28
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46.7

CPTU-IMED PQW5-OTM (International)

 Section 2. Application Data Sheet
Instructions for completing Application Data Sheet are provided in italics in parenthesis for the relevant ITA clauses

ITA Amendments of, and Supplements to, Clauses in the Instructions to Applicants
Clause
IFP IDENTIFICATION NO: ________________________________________

A. General
ITA 1.1 The Employer is [state name of Employer] represented by [state name of representative]

The Name of the Subsequent Tender is:

Brief Description of the Works:
Application Ref:
Lot No(s):

[if there is more than one(1) lot, individual lots are to be identified]

ITA 3.1 The source of public funds is

[state source, GoB or other source of funds].

ITA 3.3 The name of the Development Partner is

[state name of Development Partner]

ITA 5.1 Applicants from the following countries are not eligible

[ state countries, if any ]

ITA 6.1 Materials, Equipments and associated services from the following countries are not
eligible:

[state countries, if any]

B. Pre-qualification Document
ITA 8.2 The following are authorised agents of the Employer for the purpose of issuing the Pre-
qualification Document:
Agent’s Name:
Address:
Telephone No.:
Fax No.:
e-mail address:
[if not applicable, please specify “None”. If there is more than one (1) Agent, then list all Agent’s names and contact
details]

ITA 9.1 For clarification of Pre-qualification Document purposes only, the Employer’s
address is:
Attention:
Address:

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CPTU-IMED PQW5-OTM (International)
 Telephone:
Fax No.:
e-mail address:

CPTU-IMED PQW5-OTM (International)

ITA 10.1 A pre-Pre-qualification meeting shall not be held
or
A pre- Pre-qualification meeting shall be held at
Address:
Time & Date:

[delete whichever is not applicable]

C. Qualification Criteria
ITA 13.1 Non-performance of a contract shall not occur within the last [insert number] years.
[a minimum of three (3) years would be deemed reasonable; years counting backward from the date of publication of
IFP]

ITA 13.2 All pending litigation shall in total not represent more than [ insert number] percent of the
Applicant’s networth.

[a percentage between 10 and 15 is recommended]

ITA 13.3 The minimum requirements of Leading Partner and other Partner(s) of a JV shall be as
follows :
ADS Clauses Requirements Requirements for Requirements for other
References by summation Leading Partner Partner(s)

ITA-12.7 Summation not Same as stated in Same as for

applicable ADS Leading Partner
ITA-12.8 Summation not Same as stated in Same as for
applicable ADS Leading Partner
ITA The minimum number of years of general experience of the Applicant in public
14.1(a) construction works as Prime Contractor or Subcontractor or Management Contractor shall
be [state number] years.

[a minimum of three (3) years would be deemed reasonable; years counting backward from the date of publication of
IFP]

ITA14.1( The minimum specific experience as a Prime Contractor or Subcontractor or Management

b) Contractor in construction works of at least [state number] contract(s) of similar nature,
complexity and methods/construction technology completed over a period of [state number]
years shall be required.

[Employer is required to specify here the nature, physical size, complexity, methods/construction
technology or other characteristics satisfying the requirements for similarity within the scope of the
proposed Works]
[the minimum number of contracts will depend upon the size and type of construction work, and the Employer should
make its own judgement based upon its experience in the sector and construction industry. For large works, it could
be one (1) contract of similar nature during the last (minimum) three (3) years; years counting backward from the date
of publication of IFP.]
[for Tenders where the package contains more than one (1) lot, this qualification requirements, only
when applicable, shall be mentioned separately for each lot in the package]

ITA USD/GBP/EUR/JPY
14.1(c) delete not appropriate
A satisfactory completion of similar works of at least BDT [insert amount] i.e.

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CPTU-IMED PQW5-OTM (International)
 [insert amount] equivalent under [state number] of contract(s) over a period of [state number] years
shall be required.

[the minimum value of the similar works under a single or multiple number of contract(s) is recommended to be
between 60 and 75 percent of the estimated cost , rounded off to nearest BDT thousand, of the proposed work during
the last (minimum) three (3) years; years counting backward from the date of publication of IFP.]
[for Tenders where the package contains more than one (1) lot, this qualification requirements, only
when applicable, shall be mentioned separately for each lot in the package]

CPTU-IMED PQW5-OTM (International)

ITA 15.1 The required average annual construction turnover shall be greater than BDT [insert amount]
USD/GBP/EUR/JPY
delete not appropriate
i.e. [insert amount] equivalent over the last [state number] years.

[ the required average annual construction turn over is recommended to be about twice the estimated
annual cash flow for the Contract; however the multiplier may vary from 1.0 to 2.0, the larger the Contract
size the lesser the multiplier should be. The period may be about five (5) years minimum; years counting
backward from the date of publication of IFP.]

Example:
Estimated Contract Value: BDT 24 million
Contract period: 18 months
Estimated Annual Cash Flow: BDT 16 million
Required average annual construction turnover: Tk 32 million, using a multiplier of 2.
[for Tenders where the package contains more than one (1) lot, this qualification requirements shall be
mentioned separately for each lot in the package]

ITA USD/GBP/EUR/JPY
15.1(b) delete not appropriate
The minimum Tender Capacity shall be: BDT [insert amount] i.e. [insert
amount] equivalent.

[the required Tender Capacity is recommended to be between 70 and 80 percent of the estimated cost ,
rounded off to nearest BDT thousand, of the proposed work]
[the following formulae may be used to assess the Tender Capacity:
Assessed Tender Capacity = (A x N x 1.5 – B)
where;
A = maximum value of works performed in any one year during the last five(5) years; years counting backward from
the date of publication of IFP
N = Completion time of the proposed work in years; its value being taken never as less than one (1)
B = Value of existing commitments and works to be completed during the next N years.
[for Tenders where the package contains more than one (1) lot, this qualification requirements shall be
mentioned separately for each lot in the package]

ITA The minimum amount of liquid assets or working capital or credit facilities of the Applicant
15.1(c) USD/GBP/EUR/JPY
delete not appropriate
shall be BDT [insert amount] i.e. [insert amount] equivalent.

[usually the required liquid asset is the equivalent of 2-6 months payment flow at the average construction
rate (straight line distribution), accessible or available after taking into account the financial requirements
of existing commitments. The actual period will depend on the speed with which the Employer will pay
the Contractor’s monthly certificate, allowing time to prepare an invoice, for the Project Manager’s time to
certify it, and at least one month contingency for preparing the cheque and making actual payment.

Example:
Contract Value: BDT 24 million
Contract period: 18 months
Assuming work time: 1 month
Invoice period: 0.5 month
Certification Time: 0.5 month
Contingency Time: 1 month

Therefore, the minimum required liquid asset will be BDT 4 million, i.e. 3 months cash flow based on the above
assumptions.]
[for Tenders where the package contains more than one (1) lot, this qualification requirements shall be
mentioned separately for each lot in the package]

ITA A Construction Project Manager shall have the following qualifications and experience:

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CPTU-IMED PQW5-OTM (International)
16.1(a)

Total Works In Similar

Experience Works
(years)
No Position Experienc
e
(years)

[qualification of an alternative Construction Project Manager may also be requested]

[for Tenders where the package contains more than one (1) lot, this qualification requirement may be
necessary for each lot in the package, subject to the nature of the control required over each package]

ITA The minimum number of Engineers with qualifications and experience shall be as
16.1(b) follows[state requirements] :
In Similar
Total Works
Works
No. Position Experience
Experience
(years)
(years)

[for Tenders where the package contains more than one (1) lot, this qualification requirement may be
necessary for each lot in the package, subject to the nature of the control required over each package]

ITA Other key staff with qualifications and experience shall be as follows [state requirements] :
16.1(c) In Similar
Total Works
Works
No. Position Experience
Experience
(years)
(years)

[for Tenders where the package contains more than one (1) lot, this qualification requirement may be
necessary for each lot in the package, subject to the nature of the control required over each package]

ITA 17.1 The Applicant shall own or have proven access to hire or lease of the major construction
equipments, in full working order as follows :
Minimum Number
No Equipment Type and Characteristics
Required

[for Tenders where the package contains more than one (1) lot, this qualification requirement may be
necessary for each lot in the package, subject to the nature of the control required over each package]

ITA 18.2 In the case the Applicant’s Leading Partner’s country of origin is Bangladesh, the value of
non-judicial stamp for execution of the Joint Venture agreement shall be BDT [insert
amount]

CPTU-IMED PQW5-OTM (International)

 [usually the value of the non-judicial stamp shall be BDT300.00]

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CPTU-IMED PQW5-OTM (International)
ITA 18.3 In the case the Applicant’s Leading Partner’s country of origin is Bangladesh, the Letter of
Intent along with the proposed agreement shall be authenticated by a Notary Public.
ITA 18.5 The minimum qualification requirements of Leading Partner and other Partner(s) of a
JV shall be as follows :
ADS Clauses Requirements Requirements for Requirements for other
References by summation Leading Partner Partner(s)

ITA-14.1(a) Summation not Same as stated in Same as for

applicable ADS Leading Partner
ITA-14.1(b) At least one
100% Not applicable
characteristic
ITA-14.1(c) At least one
100% Not applicable
characteristic
ITA-15.1(a) 100% 40% 25%
ITA-15.1(b) 100% 40% 25%
ITA-15.1(c) 100% 40% 25%
ITA-16.1(a) Summation not
100% Not applicable
applicable
ITA-16.1(b) At least one
100% Not applicable
characteristic
ITA-16.1(c) At least one
100% Not applicable
characteristic
ITA-17.1 At least one
100% Not applicable
characteristics
[it is suggested that the Employer adheres to the above proportion of minimum qualifying requirements to meet the
specific procurement needs. Percent share of business of the JV partners shall not be taken into account in
determining the qualification of a JV]

ITA 19.4 The Employer intends to execute the following specific components of the proposed
Works by the Nominated Subcontractor(s) :
[state the components of the proposed works ; if not applicable state ‘none’]
ITA 20.1 Domestic Preference [shall/shall not] be applicable for eligible national Tenderers
[delete as appropriate]
[Domestic Preference shall not be mandatory and again any relaxation will require recommendation of the CCEA]

D. Application Preparation
ITA 23.4 Use of Pre-qualification Document posted in the website [ is/isn’t] permitted for
preparation of Applications.
[delete as appropriate]

ITA The Applicant shall provide with its Application the following additional documents:
25.1(l) [in case of purchase of capital equipment by the Contractor as part of the overall Contract, a Performance Statement
of the capital equipment in Bangladesh may be necessary and may be requested. if no other documents are required
then specify “none”]

In addition to the original of the Application, [state number] copies shall be submitted.
ITA 29.1
[usually only two copies are needed, ask for more only if they are essential]

CPTU-IMED PQW5-OTM (International)

 E. Application Submission
ITA The inner and outer envelopes shall bear the following additional identification marks:
30.2(e)
[indicate any markings that are required on inner and outer envelopes]

ITA 31.1 For Application submission purposes only, the Employer’s address is:

Attention:
Address:
The deadline for the submission of Applications is:
Time & Date:

F. Application Opening and Evaluation

ITA 33.2 The Application opening shall take place at:

Address:
Time & Date:

G. Pre-qualification
ITA 46.5 The name and address of the office where complaints to the Employer under Rule 57 of
The Public Procurement Rules,2008 are to be submitted is:
Name:
Address:
Fax No.:
e-mail address:

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CPTU-IMED PQW5-OTM (International)
 Section 3. Application Forms

Form Title

Application Forms

PQW5 – 1 Application Submission Letter

PQW5 – 2 Applicant Information

PQW5 – 3 JV Partner Information (if applicable)

PQW5 – 4 Subcontractor Information (if applicable)

PQW5 – 5 Historical Contract Non-Performance

PQW5 – 6 Personnel Information

Note: Forms PQW5 -1 to PQW5 -6 comprises part of the Application Format

and should be completed as stated in ITT Clause 29.1.

809047770.docx 39
 Application Submission Letter (Form PQW5-1)
[This letter should be completed and signed by the Authorised Signatory
preferably on the Letter-Head Pad of the Applicant]

To: Date: [dd/mm/yy]

[Contact Person]
[Name of Employer]
[Address of Employer]

Invitation for Pre-qualification No: [indicate IFP No]

Tender Package No: [indicate Package No]

This Package is divided into the following Number of Lots [indicate number of Lot(s)]

We, the undersigned, apply to be pre-qualified for the referenced Works and Physical Services
and declare that:

(a) we have examined and have no reservations to the Pre-Qualification

Document, issued by you on [insert date]; including [state numbers]
Addendum issued in accordance with ITA Clause 11.
[insert the number and issuing date of each addendum; or delete this sentence if no
Addendum has been issued];
(b) we, including as applicable, any JVCA partner or Specialist Subcontractor for
any part of the contract resulting from this pre-qualification process, have
nationalities from eligible countries, in accordance with ITA Clause 5

[insert the nationality of the Applicant, including that of all partners in case of a Joint
Venture, and the nationality of each already identified subcontractor, if applicable];

(c) we are submitting this Application as a sole Applicant in accordance with ITA
Sub Clause 27.1;
or
we are submitting this Application as the partners of a JVCA, comprising the
following other partners in accordance with ITA Sub Clause 27.2;

Sl. Name of Address of Partner

No Partner
1
2
3
(d) we are not a Government owned entity as defined in ITA Clause 5.
or
we are a Government owned entity, and we meet the requirements of ITA Clause
5.
(e) we, including as applicable any JVCA partner, declare that we are not associated,
nor have been associated in the past, directly or indirectly, with a consultant or any
other entity that has prepared the design, specifications and other documents
in accordance with ITA Clause 5;

(f) we intend to subcontract an activity or part of the Works, in accordance with ITA
Clause 19, to the following Specialist Subcontractor(s);

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CPTU-IMED PQW5-OTM (International)
 Activity or part of the Name of Specialist
Works Subcontractor with
Address

(g) we, including as applicable any JVCA partner, confirm that we do not have a
record of poor performance, such as abandoning the works, not properly
completing contracts, inordinate delays, or financial failure as stated in ITA
Clause 5, and that we do not have, or have had, any litigation against us, other
than that stated in the Applicant Information (Form PQW5-2);
(h) we, including as applicable any JVCA partner, confirm that we do not have a
record of insolvency, receivership, bankrupt or being wound up, our business
activities were not been suspended, and it was not been the subject of legal
proceedings in accordance with ITA Clause 5;
(i) we, including as applicable any JVCA partner, confirm that we have fulfilled our
obligations to pay taxes and social security contributions applicable under the
relevant national laws and regulations of our country(s) of origin in accordance
with ITA Clause 5;
(j) we, including as applicable any JVCA partner or Specialist Subcontractor for any
part of the contract resulting from this pre-qualification process, have not been
declared ineligible by any International Development Agency or the Government
of Bangladesh on charges of engaging in corrupt, fraudulent, collusive or coercive
practices in accordance with ITA Clause 5; or by an act of compliance with a
decision of the United Nations Security Council.
(k) furthermore, we are aware of ITA Clause 4 concerning such practices and
pledge not to indulge in such practices in competing for or in executing the
Contract;
(l) we are not participating as Applicants in more than one Application in this pre-
qualification process;
(m) we understand that you may cancel the prequalification process at any time and
that you are neither bound to accept any Application that you may receive nor to
invite the pre-qualified Applicants to tender for the contract subject of this
prequalification, without incurring any liability to the Applicants.

Signature: [insert signature of authorised signatory of

the Applicant]
Name: [insert full name of signatory with National ID
Number]
In the capacity of: [insert capacity of signatory]
Duly authorised to sign the Application for and on behalf of the Applicant

[If there is more than one (1) signatory, or in the case of a JVCA, add other boxes
and sign accordingly]

Attachment 1:
[ITA Sub Clause 27.1 and 27.2]
Written confirmation authorising the above signatory(ies) to commit the Applicant and the
subsequent Tenderer
[and, if applicable]

Attachment 2:
[ITA Sub Clause 18.2 & 18.3]
JV Agreement / Letter of Intent to form JV with draft proposed Agreement

809047770.docx 41
 Applicant Information (Form PQW5-2)
[This Form should be completed only by the Applicant, preferably on its Letter-Head Pad]

Invitation for Pre-qualification No: [indicate IFP No]

Tender Package No: [indicate Package No]
This Package is divided into the following Number of Lots: [indicate number of Lot(s)]

1. Eligibility Information of the Applicant [ITT Clauses 5 & 25]

1.1 Nationality of individual or country
of registration

1.2 Applicant’s legal title

1.3 Applicant’s registered address

1.4 Applicant’s legal status [complete the relevant box]

Proprietorship

Partnership

Limited Liability Concern

Government-owned Enterprise

Others
[please describe, if applicable]
1.5 Applicant’s year of registration
1.6 Applicant’s authorised representative details
Name
National ID number, if any
Address
Telephone / Fax numbers
e-mail address
1.7 Litigation [ITT Cause 13]
Information on non-performance of contract and pending litigation furnished in PQW5-5
1.8 Applicant to attach photocopies of [All documents required under ITT Clauses 5 and 25]
the original documents mentioned

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CPTU-IMED PQW5-OTM (International)
 aside
The following two information are applicable for national Applicants
1.9 Applicant’s Value Added Tax
Registration (VAT) Number
1.10 Applicant’s Tax Identification
Number(TIN)
[The foreign Applicants, in accordance with ITT Clause 5, shall provide evidence by a written
declaration to that effect to demonstrate that it meets the criterion]
2. Qualification Information of the Applicant [ITT Clause 12]
2.1 General Experience in Construction Works of Applicant
Start End Years Contract No and Name of Contract Role of
Month Month Name and Address of Employer Applicant
Year Year [Prime/
Brief description of Works
Sub/
Managem
ent]

2.2 Specific Experience in Construction Works of Applicant

Completed Contracts of similar nature, complexity and methods/construction
technology
Contract No [ insert reference no] of [ insert year]

Name of Contract [insert name]

Role in Contract Prime Contractor Subcontractor Management Contractor

[tick relevant box].
Award date [insert date]
Completion date [insert date]
Total Contract Value [insert amount]
Employer’s Name
Address
Tel / Fax
e-mail

Brief description with

justifications of the [state justification in support of its similarity compared to the
similarity compared to proposed works]
this Employer’s
requirements
2.3 Average annual construction turnover [ITT Sub Clause 12.3]
[total certified payments received for contracts in progress or completed for each
year of works in progress or completed; using selling exchange rate quoted by the source
being Bangladesh Bank on the date reported, if applicable]

Year Amount & Currency USD/GBP/EUR/JPY

delete not appropriate
Equivalent

809047770.docx 43
 2.4 Existing commitments and works
[targeted to be completed by the Intended Completion Date of the proposed works;
ITT Sub Clause 12.3]
Name of Contract Target Value of Existing
Contract No [reference] of [year] Completion Commitments and Works
Date
Name of Employer Amount & USD/GBP/EUR/JPY
Contact Address Currency delete not appropriate
Tel/fax Equivalent

e-mail

2.5 Financial Resources available to meet the construction cash flow [ITT Sub Clause
12.3]
No Source of Financing Amount Available

Amount & USD/GBP/EUR/JPY

Currency delete not appropriate
Equivalent

In order to confirm the above statements the Applicant shall submit, as applicable, the documents
mentioned in ITT Clause 28.
2.6 Contact Details [ITT Clause 28]
Name, address, and other contact details of Applicant’s Bankers and other Employer(s) that
may provide references, if contacted by this Employer

2.7 Qualifications and experience of key technical and administrative personnel

proposed for Contract administration and management [ITT Clause 28]
Position
Years of Specific Experience
Name
Years of General Experience

[Tenderer to complete details of as many personnel as are applicable. Each personnel listed above
should complete the Personnel Information (Form PQW5-6]
2.8 Major Construction Equipments proposed to carry out the Contract [ITT Clause 28]
Condition Owned, leased or to
Item of Equipment (new, good, be purchased
average, poor) (state owner, lessor
or seller)

[Applicant to list details of each item of major construction equipment, as applicable]

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CPTU-IMED PQW5-OTM (International)
 JVCA Partner Information (Form PQW5-3)
[This Form should be completed by each JVCA partner].

Invitation for Pre-qualification No: [indicate IFP No]

Tender Package No [indicate Package No]
This Package is divided into the following Number of Lots [indicate number of Lot(s)]

1. Eligibility Information of the JVCA Partner [ITT Clauses 5 & 25]

1.1 Nationality of Individual or country
of Registration

1.2 JVCA Partner’s legal title

1.3 JVCA Partner’s registered address

1.4 JVCA Partner’s legal status [complete the relevant box]

Proprietorship

Partnership

Limited Liability Concern

Government-owned Enterprise

Other
(please describe, if applicable)
1.5 JVCA Partner’s year of registration
1.6 JVCA Partner’s authorised representative details
Name
National ID number, if any
Address
Telephone / Fax numbers
e-mail address
1.7 Litigation [ITT Cause 13]
Information on non-performance of contract and pending litigation furnished in Form
PQW5-5
1.8 JVCA Partner to attach copies of
the original documents mentioned
aside [All documents required under ITT Clauses 5 and 25]

809047770.docx 45
 The following two information are applicable for national JVCA Partners only
1.9 JVCA Partner’s Value Added Tax
Registration (VAT) Number
1.10 JVCA Partner’s Tax Identification
Number (TIN)
[The foreign JVCA Partners, in accordance with ITT Clause 5, shall provide evidence by a written
declaration to that effect to demonstrate that it meets the criterion]
2. Key Activity(ies) for which it is intended to be joint ventured [ITT Clause 18]
Elements of Activity Brief description of Activity

3. Qualification Information of the JVCA Partner [ITT Clause 12]

3.1 General Experience in Construction Works of JVCA Partner
Start End Years Contract No and & Name of Contract Role of
Mont Month Name and Address of Procuring Entity JVCA
h Year Partner
Brief description of Works
Year [Prime/
Sub/
Managem
ent]

3.2 Specific Experience in Construction Works of JVCA Partner

Completed Contracts of similar nature, complexity and methods/construction
technology
Contract No [ insert reference no] of [ insert year]

Name of Contract [insert name]

Role in Contract Prime Contractor Subcontractor Management Contractor

[tick relevant box]
Award date [insert date]
Completion date [insert date]
Total Contract Amount [insert amount]
If partner in a JV, Amount & Currency [insert amount]
specify participation of _____% USD/GBP/EUR/JPY
the total Contract delete not appropriate
Amount Equivalent [insert amount]

Employer’s Name
Address
Tel / Fax
e-mail
Brief description with
justifications of the
similarity compared to
[state justification in support of its similarity compared to the
this Employer’s
proposed works]
requirements
3.3 Average annual construction turnover [ITT Sub Clause 12.3]

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CPTU-IMED PQW5-OTM (International)
 [total certified payments received for contracts in progress or completed for each
year of works in progress or completed; using selling exchange rate quoted by the
source being Bangladesh Bank on the date reported, if applicable]

Year Amount & Currency USD/GBP/EUR/JPY

delete not appropriate
Equivalent

3.4 Existing commitments and works

[targeted to be completed by the Intended Completion Date of the proposed works;
ITT Sub Clause 12.3]
Name of Contract Target Value of Existing
Contract no [reference] of [year] Completion Commitments and Works
Date
Name of Employer
Contact Address Amount & USD/GBP/EUR/JPY
Tel/fax Currency delete not appropriate
e-mail Equivalent

3.5 Financial Resources available to meet the construction cash flow [ITT Sub Clause
12.3]
No Source of financing Amount Available
Amount & USD/GBP/EUR/JPY
Currency delete not appropriate
Equivalent

In order to confirm the above statements the JVCA Partner shall submit, as applicable, the
documents mentioned in ITT Clause 28.
3.6 Contact Details [ITT Clause 28]

Name, address, and contact details of Tenderer’s Bankers and other Employer(s) that may
provide references if contacted by this Employer

3.7 Qualifications and experience of key technical and administrative personnel

proposed for Contract administration and management [ITT Clause 28]
Position Years of Specific Experience
Name
Years of General Experience

[Tenderer to complete details of as many personnel as are applicable. Each personnel

listed above should complete the Personnel Information (Form PQW5-6)]
3.8 Major items of Construction Equipment proposed for carrying out the works [ITT Clause
28]
Item of Equipment Condition Owned, leased or to be purchased
(new, good, average, poor) (state owner, leaser or seller)

[Tenderer to list details of each item of Major equipment, as applicable]

________________________________________

809047770.docx 47
 Signature
(Name of Authorized Signatory of the JVCA Partner)
Specialist Subcontractor Information (Form PQW5-4)
[This Form should be completed by each Subcontractor, preferably on its Letter-Head Pad]

Invitation for Pre-qualification No: [indicate IFP No]

Tender Package No [indicate Package No]
This Package is divided into the following Number of Lots [indicate number of Lot(s)]

1. Eligibility Information of the Subcontractor [ITT –Clauses 5 & 25]

1.1 Nationality of Individual or country
of Registration

1.2 Subcontractor’s legal title

1.3 Subcontractor’s registered address

1.4 Subcontractor’s legal status [complete the relevant box]

Proprietorship

Partnership

Limited Liability Concern

Government-owned Enterprise

Other
(please describe)
1.5 Subcontractor’s year of registration
1.6 Subcontractor’s authorised
representative details
Name
Address
Telephone / Fax numbers
e-mail address
1.7 Subcontractor to attach copies of All documents to the extent relevant to ITT Clause 5
the following original documents and 25 in support of its qualifications
The following two information are applicable for national Subcontractors
1.8 Subcontractor’s Value Added Tax
Registration (VAT) Number

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CPTU-IMED PQW5-OTM (International)
 1.9 Subcontractor’s Tax Identification
Number(TIN)
[The foreign Subcontractors , in accordance with ITT Clause 5, shall provide evidence by a written
declaration to that effect to demonstrate that it meets the criterion]
2. Key Activity(ies) for which it is intended to be Subcontracted [ITT Clause 19]
2.1 Elements of Activity Brief description of Activity

2.2 List of Similar Contracts in which the proposed Subcontractor had been engaged
Name of Contract
and Year of
Execution
Value of Contract
Name of Employer
Contact Person and
Contact details
Type of Work
Performed

___________________________________________________
Signature
(Name of Authorized Signatory of the Proposed Sub-Contractor)

Historical Contract Non-Performance (PQW5-5)

[The following table shall be filled in for the Applicant and for each partner of a Joint Venture]

809047770.docx 49
 Applicant’s Legal Name: [insert full name]
Date: [dd/mm/yy]
Joint Venture Party Legal Name:[insert full name]
IFP No. and title: [insert IFP number and title]
Page [insert page number] of [insert total number] pages

Non-Performing Contracts in accordance with Qualification Criteria and Requirements

 Contract non-performance did not occur during the [number] years specified in Qualification Criteria and
Requirements, ITA Sub Clause 13.1.
 Contract(s) not performed during the [number] years specified in Qualification Criteria and
Requirements, ITA Sub Clause 13.1.
Year Non performed Contract Identification Total Contract
portion of Amount
contract (current value)
[insert [insert amount Contract Identification: [indicate complete contract name/ USD/GBP/EUR/JPY
year] and percentage] number, and any other identification] delete not appropriate

Name of Employer: [insert full name] [insert amount]

equivalent
Address of Employer: [insert street/city/country]
Reason(s) for non performance: [indicate main reason(s)]

Pending Litigation, in accordance with Qualification Criteria and Requirements

 No pending litigation in accordance with Qualification Criteria and Requirements, ITA Sub Clause 13.2.
 Pending litigation in accordance with Qualification Criteria and Requirements, ITA Sub Clause 13.2 as
indicated below.
Year Outcome as Contract Identification Total Contract
Percentage of Amount (current
Total Assets value)
[insert [insert Contract Identification: [indicate complete contract USD/GBP/EUR/JPY
year] percentage] name, number, and any other identification] delete not appropriate
Name of Employer: [insert full name] [insert amount]
Address of Employer: [insert street/city/country] equivalent
Matter in dispute: [indicate main issues in dispute]

50
CPTU-IMED PQW5-OTM (International)
 Personnel Information (Form PQW5-6)
[This Form should be completed for each person proposed by the Tenderer on Form PW5-2 & PW5-3, where
applicable]

Name of the Applicant: [insert Title]

Invitation for Tender No: [indicate IFP No]
Tender Package No [indicate Package No]
This Package is divided into the following Number of Lots [indicate number of Lot(s)]

A. Proposed Position (tick the relevant box)

 Construction Engineer  Prime Candidate  Alternative Candidate

 Key Personnel  Prime Candidate  Alternative Candidate

B. Personal Data

Name:

Date of Birth:

Years overall experience:

National ID Number:

Years of employment with the

Tenderer:

Professional Qualifications:
1.
2.
3.
4.

C. Present Employment [to be completed only if not employed by the Applicant]

Name of the Employer:

Address of the Employer:

Present Job Title:

Years with the present Employer:

Tel No: Fax No: e-mail address:

809047770.docx 51
 Contact [manager/personnel officer]:

D. Professional Experience

Summarise professional experience over the last twenty (20) years, in reverse chronological order.
Indicate particular technical and managerial experience relevant to the project.

From To Company / Project / Position / Relevant technical and management

experience.

__________________________
(Name and Signature of the Proposed Personnel)

52
CPTU-IMED PQW5-OTM (International)
 Section 4. Scope of Works

1. Description of the Works

Describe the Works in sufficient detail to identify location, nature, and complexity. Estimated
quantities of major components of the Works should be indicated in the Bill of Quantities.

2. Construction Period(s)

State expected construction period and time in days or weeks or months; if alternative time
schedules are permitted, give the range of acceptable construction periods.

3. Site and other Data

Provide general information on the climate, hydrology, topography, geology, access to site,
transportation and communications facilities, medical facilities, project layout, facilities,
services provided by the Employer, and other relevant data.

Invitation for Prequalification

[Brief Notes]

809047770.docx 53
Notification and advertisement of the Invitation for Prequalification (IFP) shall be conducted in
accordance with Rule 90 of the Public Procurement Rules, 2008 including amendment thereto
unless otherwise specified in the foreign aided project documents. The IFP shall follow the
Sample Format indicated hereafter, and as a Specific Procurement Notice shall be issued in (i)
at least one national English Newspaper or Publication of wide International circulation or (ii)
in UN Development Business online and in dgMarket and if necessary, to Foreign Trade Missions
in Bangladesh of, or Bangladesh Trade Missions abroad in, countries with likely potential
Applicants. The posting of notification in CPTU’s website http://www.cptu.gov.bd shall be
mandatory.

The IFP provides information that enables potential Applicants to decide whether to participate
or not. Apart from the essential items listed in the Standard Prequalification Document, the IFP
shall also indicate any important or specialized prequalification requirements requested to
qualify for the pre-qualification.

Upon completion of an IFP for publication in UNDB on-line and dgMarket

(http://www.dgmarket.com.), the Employer should forward it to the appropriate Development
Partner, where applicable, for prior review and subsequent submission for publication.
Development Business is published in paper form twice monthly, and is continuously updated
on its website at http://www.devbusiness.com.

Prior to publication of a Specific Procurement Notice (SPN) it is usual that the General
Procurement Notice (GPN) in case of foreign aided project be posted in dgMarket. Further,
pursuant to Rule 16 (11) of the Public Procurement Rules, 2008 including amendment thereto, it
is mandatory that the Total Procurement Plan and updated Annual Procurement Plan under
Development Budgets and, Annual Procurement Plan under Revenue Budgets; all to the extent
above the thresholds as specified in Schedule II of the PPR, 2008, be duly published in CPTU’s
website http://www.cptu.gov.bd and Employer’s own website, if any.

Sample Format
[to be used for publication in the dgMarket]

SPECIFIC PROCUREMENT NOTICE

Invitation for Prequalification
Bangladesh
[Name of Project]
[Brief Description of Works]

54
CPTU-IMED PQW5-OTM (International)
 [Loan/Credit/Grants No, where applicable]
This Invitation for Prequalification follows the General Procurement Notice that appeared in Development
Business No. [insert number] of [insert date]1 on-line and in dgMarket as well as the Annual Procurement Plan
posted on [insert date] in CPTU’s website for this project .

has received /has applied for /int ends to apply for

delete not appropriate
The [insert name of Employer] [ ] a [
loans/credits /grants
delete not appropriate
] from the [insert name of the Development Partner, if applicable] toward the cost of the
loans/credits /grants
delete not appropriate
[insert name of project], and it intends to apply part of the proceeds of this [ ]to
payments under the contract for [insert Tender Name and Lot No. of package if pre-qualification is being invited for
more than one Lots, describe each Lot and indicate whether Applications may be made for prequalification for one or
more of the Lots].2 The [insert name of Employer] intends to pre-qualify Applicants for [insert description of Works
and Physical Services to be procured].3 It is expected that Invitations for Tender will be made in [insert month and
year].4

Pre-qualification will be conducted through pre-qualification procedures specified in the [

Employer' s Procurement Guidelines Pr ocurement Rules,2008 /DP ' s Guidelines
delete as appropriate
and, is open to
Act and Rules/Guidelines
delete not appropriate
all Applicants from eligible source countries, as defined in the [ ].5

Interested eligible Applicants may obtain further information from and inspect the Prequalification Document at
the [insert name of Employer] address below [state address at end of document] from [insert office hours].6 A
complete set of the Prequalification Document in English may be purchased by interested Applicants (a) on the
submission of a written application to the address below and upon payment of a non-refundable fee 7 of [insert
amount in BD Taka] or in [insert amount in specified convertible currency]. The method of payment will be [insert
method of payment].8 The document will be issued by [describe delivery procedure] [if permitted insert and
alternatively the PQD can be purchased electronically [describe purchase procedure].

Applications for prequalification should be submitted in sealed envelopes, delivered to the address below 9 by
[insert date], 10 and be clearly marked “Application to Pre-qualify for [insert name of the subsequent Tender with
Application Reference and Lot Number(s)].”

[ name of officer]
[ name of office]
[postal address] and/or [street address]
[ telephone number with country and city code]
[ facsimile or cable number]
[email address]

Notes :
1. Day, month, year; for example 31 January 2002,where applicable.

809047770.docx 55
2. [Insert the following if applicable]. This contract will be jointly financed by [insert name of cofinancing agency].
Employer' s/DP ' s

Tendering will be governed by the [

use as appropriate ] eligibility rules and procedures.
3. A brief description of the Works and Physical Services should be provided, including quantities, location of
project, and other information necessary to enable potential Applicants to decide whether or not to respond to the
invitation. Tender Documents may require Tenderers to have specialized experience or capabilities; such
requirements should also be included in this paragraph.
4. Insert this sentence, if applicable.
5. Occasionally, contracts may be financed out of special funds that would further restrict eligibility to a particular
group of member countries. When this is the case, it should be mentioned in this paragraph. Also indicate any
margin of preference that may be granted as specified in the loan or credit or grant agreement and set forth in the
Tender Documents.
6. For example, 0900 to 1200 hours.
7. The fee, to defray printing and mailing/shipping costs, should be nominal.
8. For example, cashier’s check, direct deposit to specified account, etc.
9. The office for Tender Opening if not the same as that for inspection or issuance of Documents or for Tender
Submission, each address must appear at the end of the notice and be numbered; as, for example, (1), (2), (3).
The text in the paragraph would then refer to address (1), (2), etc.
10. The time allowed for preparation and submission of Applications for pre-qualification should be sufficient for
Applicants to gather all the information required, but in any case not less than 21 (twenty one) days from the
last date this SPN has been published in the relevant locations and, after the date the Pre-Qualification
Documents are available, whichever is later. This period may be longer for very large projects, for which more
time may be needed for the formation of Joint Ventures and assembly of the necessary resources.

Sample Format
[to be used for English Newspaper or publication of wide international circulation]

56
CPTU-IMED PQW5-OTM (International)
 Invitation for Pre-qualification (IFP)

The Invitation for Pre-qualification (IFP) is a copy of the standard format as appears on the
website and used for published advertisement that provides relevant and essential information to
help Applicants to decide whether or not to participate in the particular Pre-qualification. This is
provided in the Pre-qualification Document for information only. This should not be included in the
PRE-QUALIFICATION DOCUMENT.

Invitation for Pre-qualification

[for use when there is a SINGLE lot in a package
This is the website format and as used for published advertisement.
It is included in this document for information only]
GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH
1 Ministry/Division < select > V
2 Agency < select > V
3 Procuring Entity Name < type in name >
4 Procuring Entity Code Not used at present
5 Procuring Entity District < select > V
6 Invitation for < select > V < select > V < select > V
7 Invitation Ref No < type in name >
8 Date < select > V
KEY INFORMATION
9 Procurement Method < select > V < select > V
FUNDING INFORMATION
10 Budget and Source of Funds < select > V
11 Development Partners (if applicable) < type in name >
PARTICULAR INFORMATION
12 Project / Programme Code (if applicable) < use MOF code >
13 Project / Programme Name (if applicable) < use MOF name >
14 Proposed Tender Package No. < type in name >
15 Proposed Tender Package Name < type in name >
Date
16 IFP Publication Date < select > V

809047770.docx 57
 17 Pre-qualification Document Last Selling Date < select > V
(must be the date prior to the day of Application
Submission Closing Date)
Date Time
18 Application Submission Closing Date and Time < select > V < select > V
19 Application Opening Date and Time < select > V < select > V
20 Name & Address of the office(s) Address
- Selling Pre-qualification Document < type in name >
- Downloading Pre-qualification Document < type in name >
(This is optional. If permitted by the Procuring Entity;
mention the web address where the electronic version
of PQD will be available. Specify the detail
procedures for payment of the cost of PQD by the
Applicants, if not being provided free of charges)
NO CONDITIONS APPLY FOR SALE , PURCHASE OR DISTRIBUTION OF PQDs
- Receiving Pre-qualification Document < type in name >
- Opening Pre-qualification Document < type in name >
21 Place / Date / Time of Place Date Time
pre-Pre-qualification Meeting (Optional) < select > V < select > < select >
INFORMATION FOR TENDERER
22 Eligibility of Applicant < type in name >
23 Brief Description of Works < type in name >
24 Brief Description of Physical Services < type in name >
25 Price of Pre-qualification Document < type in price >
Lot No Identification of Lot Location Completion Time in Weeks / Months

26 1 < type in name > < type in name > <type in>
EMPLOYER DETAILS
30 Name of Official Inviting Application < type in name >
31 Designation of Official Inviting Application < type in name >
32 Address of Official Inviting Application < type in name >
33 Contact details of Official Inviting Application < Tel. No.> <Fax No.> <e-mail>
34 The Procuring Entity reserves the right to reject all the Applications or annul the Application proceedings
<select> : these fields are “pop-up” fields and the Employer will only have to select the correct name, address or date in order
to complete the form.
<type in name> : these fields are to be completed by typing in the relevant data.
Invitation for Pre-qualification
[for use when there are MULTIPLE lots in a package
This is the website format and as used for published advertisement.
It is included in this document for information only]
GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH
1 Ministry/Division < select > V
2 Agency < select > V
3 Procuring Entity Name < type in name >
4 Procuring Entity Code Not used at present
5 Procuring Entity District < select > V
6 Invitation for < select > V < select > V < select > V
7 Invitation Ref No < type in name >
8 Date < select > V
KEY INFORMATION
9 Procurement Method < select > V < select > V
FUNDING INFORMATION
10 Budget and Source of Funds < select > V
11 Development Partners (if applicable) < type in name >
PARTICULAR INFORMATION
12 Project / Programme Code (if applicable) < use MOF code >
13 Project / Programme Name (if applicable) < use MOF name >
14 Proposed Tender Package No. < type in name >
15 Proposed Tender Package Name < type in name >
Date
16 IFP Publication Date < select > V
17 Pre-qualification Document Last Selling Date < select > V
(must be the date prior to the day of Application
Submission Closing Date)
Date Time
18 Application Submission Closing Date and Time < select > V < select > V

58
CPTU-IMED PQW5-OTM (International)
19 Application Opening Date and Time < select > V < select > V
20 Name & Address of the office(s) Address
- Selling Pre-qualification Document < type in name >
- Downloading Pre-qualification Document < type in name >
(This is optional. If permitted by the Procuring
Entity; mention the web address where the
electronic version of PQD will be available.
Specify the detail procedures for payment of the
cost of PQD by the Applicants, if not being
provided free of charges)
NO CONDITIONS APPLY FOR SALE , PURCHASE OR ISSUANCE OF PQDs
- Receiving Pre-qualification Document < type in name >
- Opening Pre-qualification Document < type in name >
Place / Date / Time of Place Date Time
21 pre-Pre-qualification Meeting (Optional) < select > V < select > < select >
INFORMATION FOR TENDERER
22 Eligibility of Applicant < type in name >
23 Brief Description of Works < type in name >
24 Brief Description of Physical Services < type in name >
25 Price of Pre-qualification Document < type in price >
Lot No Identification of Lot Location Completion Time in Weeks / Months
26 1 < type in name > < type in name > <type in>
EMPLOYER DETAILS
30 Name of Official Inviting Application < type in name >
31 Designation of Official Inviting Application < type in name >
32 Address of Official Inviting Application < type in name >
33 Contact details of Official Inviting Application < Tel. No. > < Fax No. > < e-mail >
34 The Procuring Entity reserves the right to reject all the Applications or annul the Application proceedings
<select> : these fields are “pop-up” fields and the Employer will only have to select the correct name, address or date in order to complete the form.<type in name> :
these fields are to be completed by typing in the relevant data.
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from the final product.

Prequalification Evaluation Flow Chart

809047770.docx 59
 Submission of Applications

Request clarification and/or

Preliminary Examination: substantiation of Information from
 Completeness of documentation Applicant
 Eligibility
 Joint, Venture requirements
NO

Are the
Applicant’s deficiencies
Does material? YES
Applicant substantially NO Reject the Application.
comply with Prepare reasons for
preliminary rejection
YES
examination
YES

Qualification Assessment
General Experience
Specific Experience, Similar Works Experience
Average Construction Turnover, Tender
YES Capacity
Liquid Asset, Personal Capacity,
Equipment Capacity, J.V. Requirements; if any
History of Non-Performing Contracts
Pending Litigation

Are the
Applicant’s deficiencies material ?
YES

NO
Does the
Applicant meet all the NO NO
qualification criteria?

Request clarification and/or

substantiation from Applicant
YES

YES
Does Conditionally
clarification and/or NO qualify the
Qualify the Applicant
substantiation of Information Applicant
substantially meet the
qualification criteria

Prepare report and notification and, obtain approval of

HOPE with Development Partner’s no objection, where
necessary

60
CPTU-IMED PQW5-OTM (International)