Price Schedule for Goods (Form PG4-3)

Invitation for International Tender No. SFCL/FP-287/MTS(SHSM)/637, Date: 09-02-2023

Supply, Installation, Testing & commissioning of 01 (one) lot Electric Hoist with complete assembly for Reclaimer Machine.

Local Agent Commission, if any (included in FOB Price) : ........% (to be filled by the Tenderer).

N.B :  

(a) The Tenderer must follow the above format to submit their price.

(b) Partial offer is not acceptable.

Specifications Submission and Compliance Sheet (Form PG4-4)

[The Tenderer should complete all the columns as required]

Manufacturer’s Authorization Letter (Form PG4 - 5)

[The Tenderer shall require the Manufacturer to fill in this Form in accordance with the instructions indicated. This letter of authorization should be on the letterhead of the Manufacturer and should be signed by a person with the proper authority to sign documents that are binding on the Manufacturer.  The Tenderer shall include it in its tender, if so indicated in the TDS as stated under ITT Sub-Clause 26.1(b)]

WhereAS

We [insert complete name of Manufacturer],

Who are official manufacturers of[insert type of goods manufactured], having factories at [insert full address of Manufacturer’s factories], do hereby

Authorize [insert complete name of Tenderer] to supply the following Goods, manufactured by us [insert name and or brief description of the Goods].

We hereby extend our full guarantee and warranty as stated under GCC Clause 33 of the General Conditions of Contract, with respect to the Goods offered by the above Tenderer.

Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]

Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]   

Address: [insert full address including Fax and e-mail]

Title: [insert title]

Date: [insert date of signing]

Bank Guarantee for Tender Security (Form PG4 – 6)

[this is the format for the Tender Security to be issued by a scheduled bank of Bangladesh as stated under ITT Clauses 29 and 30]

TENDER GUARANTEE No:

We have been informed that [insert name of Tenderer] (hereinafter called “the Tenderer”) intends to submit to you its Tender dated [insert date of Tender] (hereinafter called “the Tender”) for the Supply, Installation, Testing & commissioning of 01 (one) lot Electric Hoist with complete assembly for Reclaimer Machine under the above Invitation for Tenders (hereinafter called “the IFT”).

Furthermore, we understand that, according to your conditions, Tenders must be supported by a Bank Guarantee for Tender Security .

At the request of the Tenderer, we [insert name of bank] hereby irrevocably undertake to pay you, without cavil or argument, any sum or sums not exceeding in total an amount of Tk [insert amount in figures and in words] upon receipt by us of your first written demand accompanied by a written statement that the Tenderer is in breach of its obligation(s) under the Tender conditions, because the Tenderer:

a.          has withdrawn its Tender after opening of Tenders but within the validity of the  Tender Security ; or

b.          refused to accept the Notification of Award (NOA) within the period as stated under Instructions to Tenderers (ITT) ; or 

c.          failed to furnish Performance Security within the period as stipulated in the NOA; or

d.          refused to sign the Contract Agreement by the time specified in the NOA; or

e.          did not accept the correction of the Tender price following the correction of the arithmetic errors in accordance with the ITT; or This guarantee will expire:

(a)         if the Tenderer is the successful Tenderer, upon our receipt of a copies of the contract signed by the Tenderer and the Performance Security  issued to you in accordance with the  ITT; or

(b)         if the Tenderer is not the successful Tenderer, twenty eight (28) days after the expiration of the Tenderer’s Tender validity period, being [date of expiration of the Tender validity plus twenty eight(28) days]

Consequently, we must receive at the above-mentioned office any demand for payment under this guarantee on or before that date.

Notification of Award (Form PG4 - 7)

This is to notify you that your Tender dated [insert date] for the Supply of 1 (one) Lot Electric Hoist with complete assembly for Reclaimer Machine with Installation, Testing & commissioning for [name of contract] the Contract Price of [state amount in figures and in words] as corrected and modified in accordance with the Instructions to Tenderers, has been approved by [name of Purchaser].

You are thus requested to take following actions:

                  i.                    accept in writing the Notification of Award within seven (7) working days of its issuance pursuant to ITT Sub-Clause 62.3

                 ii.                    furnish a Performance Security in the specified format  and in the amount of [state amount in figures and words] ,within Twenty one (21) days from issue of this Notification of Award but not later than (specify date), in accordance with ITT Clause 64.2

                iii.                    sign the Contract within twenty eight (28 ) days of issuance of this Notification of Award but not later than (specify date), in accordance with ITT Clause 67.2

You may proceed with the execution of the supply of Goods and related Services only upon completion of the above tasks. You may also please note that this Notification of Award shall constitute the formation of this Contract, which shall become binding upon you.

We attach the draft Contract and all other documents for your perusal and signature.

Contract Agreement (Form PG4 - 8)

THIS AGREEMENT made the [day] day of [month][year] between [name and address of Purchaser] (hereinafter called “the Purchaser”) of the one part and [name and address of Supplier] (hereinafter called “the Supplier”) of the other part:

WhereAS the Purchaser invited Tenders for ----------------------- and has accepted a Tender by the Supplier for the Supply of 1 (one) Lot Electric Hoist with complete assembly for Reclaimer Machine with Installation, Testing & commissioning in the sum ----------- [Contract Price in figures and in words] (hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1.      In this Agreement words and e­xpressions shall have the same meanings as are respectively assigned to them in the General Conditions of Contract hereafter referred to.

2.      The following documents forming the Contract shall be in the following order of precedence, namely :

(a)           the signed Form of Contract Agreement;

(b)           the  Notification of Award

(c)           The Tender and the appendices to the Tender

(d)           Particular Conditions of Contract;

(e)           General Conditions of Contract;

(f)             Technical Specifications;

(g)           Drawings;

(h)           Price Schedules and Schedule of Requirements and;

(i)             other document including correspondences listed in the PCC forming part of the Contract

3.      In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, the Supplier hereby covenants with the Purchaser to provide the goods and related services and to remedy any defects therein in conformity in all respects with the provisions of the Contract.

4.      The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods and related services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of Bangladesh on the day, month and year first written above.

Bank Guarantee for Performance Security (Form PG4 – 9)

[This is the format for the Performance Security to be issued by an internationally reputable bank and it shall have correspondent bank located in Bangladesh, to make it enforceablein accordance with ITT Sub-Clause 64.1pursuant to Rule 27(4) of the Public Procurement Rules, 2008.]

To:

Managing Director

Shahjalal Fertilizer Company Limited

P.O.: F.F. Factory 3117,

Fenchugonj Upazila, Sylhet,

Bangladesh.

PERFORMANCE GUARANTEE No: [insert Performance Guarantee number]

We have been informed that [name of supplier] (hereinafter called “the Supplier”) has undertaken, pursuant to Contract No [reference number of Contract] dated [date of Contract] (hereinafter called “the Contract”) for the Supply of 1 (one) Lot Electric Hoist with complete assembly for Reclaimer Machine with Installation, Testing & commissioning under the Contract.

Furthermore, we understand that, according to your conditions, Contracts must be supported by a performance guarantee.

At the request of the Supplier, we [name of bank] hereby irrevocably undertake to pay you, without cavil or argument, any sum or sums not exceeding in total an amount of Tk [insert amount in figures and in words] upon receipt by us of your first written demand accompanied by a written statement that the Supplier is in breach of its obligation(s) under the Contract conditions, without you needing to prove or show grounds or reasons for your demand of the sum specified therein.

This guarantee is valid until [date of validity of guarantee], consequently, we must receive at the above-mentioned office any demand for payment under this guarantee on or before that date.

[Signatures of authorized representatives of the bank]

Section 6.   Schedule of Requirements

A.    LIST OF GOODS AND DELIVERY SCHEDULE

[When completing Form PG4-3 the Tenderer shall quote prices and contract delivery dates for each item against each lot and show each Lot separately as specified in the List of Goods and Delivery Schedule.)

Section 7.  Technical Specifications