Tender Document of Wheat
- Ministry of Food
Government of the Peoples Republic of Bangladesh
Ministry of Food
Bangladesh Secretariat, Dhaka
International Tender for Import of Wheat
(Quantity: 200,000 Metric Tons)
TENDER NO. MOF/SEC-10/IMPORT-2/98/150 DATED: 15-07-1998
I / We understand that the Government of the People's
Republic of Bangladesh, represented by the Ministry of Food, Dhaka hereinafter
referred to as the Government (Buyer) has invited tender for import on cash
payment into Bangladesh of 200,000 (Two Hundred Thousand) Metric Tons (5% more
or less) of Wheat hereinafter referred to as "Cargo" from USA /
Australia / Canada / EU-countries as per terms and conditions set forth set
forth below :
Clause 2 : Tender Instructions:
Tender Notice No. MOF/Sec-10/Import-2/98/146 dated : 14-07-1998 shall be
treated as part and parcel of this tender document.
2. The offer shall be accompanied by earnest money in the
form of a Bank Guarantee / Bank Draft / Pay order equal to one percent of
total C&F Quoted value of the cargo in accordance with the provisions of
Clause 19 below.
3. The offer shall be submitted in a sealed cover
superscribed "Government Wheat purchase Tender" and addressed to
the Secretary, Ministry of Food, Government of the People's Republic of
Bangladesh, Bangladesh Secretariat, Dhaka. The Tender shall be dropped in
the Tenderer Box upto 1300 hrs BST on 17-08-1998 as per provisions of sub
Clause -8 below.
4. The Government shall have the absolute right to accept or reject any
or all offers without assigning any reason or to divide the quantity among
5. The Tenderers shall strictly comply with all the
requirements of tender as laid down in these documents.
6. Each offer shall be accompanied by a separate set of
tender documents and separate Earnest Money as mentioned in Sub Clause (2)
above. No Tender Document shall be sold on the day of closing and opening of
7. The tender is open to all subject to terms and
conditions laid down in these documents. In case any offer is submitted by a
local agent, the tenderer will have to submit Formal Agency Agreement signed
by both the Principal and Local Agent under their official seals alongwith
the offer. If the local agent is to sign contract on behalf of the Principal
he must produce Letter of Authorization on or before signing of the
contract. The local Agent shall have to submit a solvency certificate from a
schedule bank of Bangladesh.
Tender shall be dropped in Tender Box kept in the office
of the Deputy Secretary (Procurement), Ministry of Food (Bhaban No. 4, Room
No 119, 1st Floor, Bangladesh Secretariat, Dhaka) or in the office chamber
of Director (Procurement) (Room No-501) Directorate General of Food, 16
Abdul Gani Road, Dhaka, upto 1300 hrs. BST on 17-08-1998 and the tenders
will be opened in the Conference room (Room No 104) of Ministry of Food at
1330 hrs on the same day. Tenderers or their representatives may attend the
opening of tender.
9. The validity of the offers shall be till 1700 hrs BST
on 20-08-98. If any tender is withdrawn before the expiry of the validity
period, then the entire Earnest Money referred to sub-Clause (2) above shall
be forfeited by Ministry of Food.
10. All Bank charges including letter of credit (L/C)
confirmation, negotiation and amendment charges to be incurred outside
Bangladesh shall be borne by Tenderer.
11. No stipulation in the offer for confirmation of L/c
by any foreign bank will be acceptable to the Government of Bangladesh.
Confirmation may however, be obtained by the Tenderer at his own cost.
12. The offers shall be quoted in US $ on C&F
Liner terms at both ends (Through seaworthy vessels with calibration
chart) basis indicating therein the coast (Where applicable) and the port of
loading in the offer.
13. The offer shall be supported by a letter or a telex
message or a fax from the tenderer (Principal) duly signed and sealed by the
Tenderers / its Local Agent. Any condition in the offer shall not be
14. Detailed specifications as per clause 3 & 4 and
the origin of the cargo offered shall be mentioned in the quotation.
15. If the offer is to be submitted through Local Agent,
and the Agency Commission included in the price shall be mentioned in the
16. Any suppression of fact or ambiguity shall make
the offer liable to be rejected.
Verification of bank reference in Bangladesh and in any
foreign country shall be at Seller's cost.
One bidder may quote for minimum 25,000 MT (±
5%) of wheat.
Clause 3 : Product Specifications
a. US No. 2 or Better Hard Red Spring Wheat, or
US No. 2 or Better White Club Wheat, or
US No. 2 or Better Hard Red Winter Wheat, or
US No. 2 or Better Soft Red Winter Wheat, or
US No. 2 or Better Soft White Wheat, or
US No. 2 or Better Western White Wheat.
b. EU Common Wheat (equivalent to US No. 2 or Better Grade of
c. Australian Standard White Wheat (Equivalent to US
No. 2 or Better Grade of Wheat).
d. No. 3 or Better Canadian Western Red Spring Wheat.
Clause 4 : Quality Specification :
i. Minimum limit of test weight. For better of 1998
crop of :
-Hard Red Spring Wheat or White Club Wheat 57.0 lbs per
-All other classes and sub classes 58.0 lbs per
bushel (74.646 kg/hl) under clause-3(a).
ii. Maximum limit of damaged kernels.
Heat damaged kernels 0.2 percent
Total : 4.00 percent (including Heat damaged kernels).
iii. Maximum limit of foreign materials : 0.7
iv. Maximum limit of shrunken and broken kernels : 5%
v. Maximum limit of total defects : 5.0 percent
(Defects include damaged kernels foreign materials and broken kernels.
The sum of these factors should not exceed the limit of total defects).
vi. Maximum limit of Wheat of other classes:
Contrasting Classes: 2%
Total Wheat of other Classes: 5% (including contrasting
vii. Minimum limit of protein content: 9.5% (On the
Basis of 12% moisture).
viii. Maximum limit of Moisture Content : 13.5%.
ix. Maximum limit of dockage : 1% all dockage shall
be deductible from the value of cargo at source.
x. Maximum Radio activity : 50 Bq / kg of 137 cs /
xi. Crop year : the latest crop of 1998.
xii. Wheat shall be in sound condition, fit for
human consumption, without any unpleasant odor, free from any sign of
mould, fermentation or deterioration and free from obnoxious and
deleterious matters and poisonous weed seeds. Wheat must be free from
infestation and also be free from Tilletia Indica (karnal bunt)
Clause 5 : Forfeiture of Earnest Money & Performance
If it is found that any information given by the
tenderer is incorrect or any fact has been suppressed, the Earnest Money
and / or the Performance Guarantee shall be liable to be forfeited by
the Government in addition to other legal actions that may be taken
against the tenderer.
Clause 6 : Period of Delivery / Shipment
I / We shall keep the cargo ready in such a manner as
the shipment of the cargo of MT (5% more or less) be completed on or
Clause 7 Price :
1. I / We offer to supply MT of USA / Australia / Canada
/ EU grade Wheat (only one class / sub - class of Wheat should be mentioned.
In case of more than one class / sub - class of Wheat offered, each
class-wise / sub - class - wise quantity, price per MT has to be mentioned
separately) on C&F Liner terms at both ends basis.
2. The price and details of the quotation are furnished
in the proforma enclosed (Annexure -1 hereto) duly sealed and signed by the
Tenderer / his Local Agent. The particulars furnished in the proforma
enclosed with the offer shall be final in case of any contradiction.
Clause 8 : Transportation :
The following provision shall apply to C&F liner term
1. I / We understand that the shipment of the cargo shall
be made from Port / Ports on or before .
2. I / We understand that the basis of shipment shall be
on liner term at both ends, as such demurrage and dispatch conditions shall
3. The Seller shall be responsible for the transportation
and delivery of the cargo in bulk from the source to the Bangladesh and
shall discharge at Chittagong and Mongla Port on 60:40 basis. Lighterage if
any wherever required will be on Seller's account. Delivery of the 60% of
the Wheat shall be made in Chittagong Silo/Chittagong Port in Bulk / bags
and the delivery of the remaining 40% of the Wheat shall be made in Mongla
Port in bulk / bags on C&F liner terms basis only. Silo charges will be
borne by the seller. If the vessel takes berth at Chittagong port jetty in
that case wheat have to be unloaded in gunny bags (empty gunny bags will be
supplied by the buyer), not more than 20% of the Wheat scheduled to be
delivered at Mongla Port shall be unloaded in bulk and 80% of that shall be
unloaded in gunny bags (empty gunny bags will be supplied by the buyer).
Stevedores appointed by Seller / Ship Owner for
discharging Wheat at Chittagong Port Jetty / Mongla Port shall fill up the
bags from 83.5 kg to 86.5 kg per bag. Cost of bags used in excess than the
requirement will be paid by the Seller. Stevedore should also be careful in
stitching bags with standard and adequate number of stitches at the
satisfaction of the buyer.
4. I / We understand that the vessel carrying cargo shall
have fast speed. It shall not call at any port for taking additional and /
or other cargo but shall proceed from the port of shipment to the port of
5. I / We understand that part shipment is allowed.
I / We understand that transshipment shall not be
7. I / We understand that the vessel carrying cargo shall
be geared vessel with calibration chart and will be able to enter Chittagong
port. If the vessels is more than 15 (Fifteen) years old (but not exceeding
20 years old) then additional insurance premium i.e over age premium shall
be on Sellers account as per Bangladesh Government Insurance rate. No
vessel exceeding 20 years old shall be chartered. Over age premium if any
will be deducted from L/C by the L/C opening Bank.
8. I / We understand that the following shall be kept in
to consideration while fixing vessels:
a. The vessel shall be suitable for bulk
transportation and fully geared and classed as per Lloyds Classification
100 A1 or by equivalent classification, having 5 or more hatches with
trouble free crane and derricks, and the vessel shall possess valid
certificate elating there to the vessel shall possess all her survey
certificates valid upto the end of the voyage under the contract to show
that the vessel is Seaworthy during the voyage.
b. The Seller shall sign charter party with well
reputed established ship owner. They shall also try to sign charter
party with a ship owner who is a member of a recognized Conference Line
and authorized to issue liner Bill of Lading. The Seller's Contract with
the ship owner will be as per Carriage of Goods by Sea Act, 1925.
c. Full particulars of vessel like correct name,
flag, year of built, class, length and draught, number of hatches,
cranes and or derricks, quantity and the name or P & I Club are to
be supplied to the Buyer by the Seller while nominating any vessels for
transportation of cargo.
9. I / We understand that the Israeli and Taiwanese
Flag vessels are prohibited.
10. I / We understand that all costs in connection with
unloading the cargo at the ports of discharge will be on Seller's account
i.e the receiver, will receive cargo at the Chittagong Silo and Chittagong
Port Jetty and also at Mongla Port.
I / We undertake to give or cause to be given first
telegraphic notice of vessels arrival at Chittagong to the Buyer (Cable
address : FOOD DHAKA), the Director of Movement, Storage and Silos (Cable
address : MOVESTORE, Dhaka), Controller of Movement & Storage,
Chittagong (Cable Address : MOVEMENT, CHITTAGONG), Shadharan Bima
Corporation (Cable Address : REINSURCORP), Dhaka and the Bank through which
L/c will be opened. The telegraphic notice shall be given at least 5 (Five)
days before the vessel's arrival at the Ports of Chittagong and shall
contain the following information :
a. Contract Number
b. Name of Ship
c. Ships Agent in
d. Cargo & Quantity
e. Port of Sailing
f. Date of Sailing
g. Expected date of arrival at Chittagong
h. Towage Plan
If / We fail to do so, any loss incurred by the
Bangladesh Government on this account shall be at my / our account.
12. I / We undertake to airmail to the Secretary,
Ministry of Food, Dhaka a copy of the relevant Charter Party within three
days of shipment so as to ensure its receipt by Government before the
arrival of the ships.
Clause 9 : Shipping Advice
Immediately after loading the cargo on board the ship,
the Seller shall advise the Buyer by cable or telex of the Contract Number,
name of cargo mentioning gross and net weight leaded, invoice value, name of
vessel, port of the departure and ETD and ETA. Should the Buyer be unable to
cover insurance owing to the Seller's failure to advise during next working
day to the Buyer of the foregoing details any loss sustained thereby shall
be borne by the Seller. One copy of each of the above cable or Telex shall
be sent to the following addresses:
a. Controller, Movement and Storage,
Telex : 642237 CMSC BJ,
Fax : 880-31-76238
Cable : MOVEMENT, CHITTAGONG
b. Director, Movement, Storage and Silos
Directorate General of Food, 16, Abdul Ghani Road, Dhaka
Telex : 642230 DGFMI BJ & 642247 DGFMI BJ
Cable : MOVESTORE, Dhaka,
Fax : 880-2-9554159
c. Deputy General Manager,
Marine Underwriting Department
Sadharan Bima Corporation,
Sadharan Bima Sadan, Dhaka
Telex : 675608 SBC BJ
d. Deputy Secretary (Procurement)
Ministry of Food
Bangladesh Secretariat, Dhaka
Telex : 675671 FOOD BJ
Cable : Food Dhaka.
Fax : 880-2-860762
Clause 10 : Inspection & Certification
A. Cargo to be officially inspected and certified under
Grain Standards Act of USA or similar Act of the country of supply showing
quantity, class and grade and endorsed that the grain conforms to the
specifications stipulated in Clause 3 and 4 of this document, particularly,
certifying (i) quantity, class, grade wise weight, (ii) protein content,
(iii) content of moisture percentage, (iv) percentage of foreign materials,
(v) percentage of shrunken and broken kernel, (vi) percentage of total
defects (damaged kernels, foreign materials shrunken and broken kernel and
B. The Seller shall provide the following certificate
with the negotiating documents:
i. Official export grain inspection certificate
issued by USDA / Australia Wheat Board / Canadian Grain Commission /
European Commission; (or SGS or equivalent agent authorised by EC)
ii. Official grain weight certificate issued by USDA
/ Australia Wheat Board / Canadian Grain Commission / European
Commission (or SGS or equivalent agent authorised by EC):
iii. Phytosanitary certificate issued by USDA /
Australia Wheat Board / Canadian Grain Commission / EC or respective
Government organization of the country of supply. The Phytosanitary
certificate shall also indicate that the delivered Wheat is free from Tilletia
Indica (karnal bunt);
iv. Official stowage
examination certificate issued by USDA / Australia Wheat Board/ Canadian
Grain Commission / European Commission. (or SGS or equivalent agent
authorised by EC)
v. Radio activity certificate issued by respective
Govt. / recognized Independent Laboratory of the country of supply;
vi. Certificate of Origin issued by USDA / Australia
Wheat Board / Canadian Grain Commission / European Commission / Chamber of
Commerce of the Country of Supply.
vii. Crop year certificate issued by USDA / Australia
Wheat Board / Canadian Grain Commission / European Commission / Chamber of
Commerce of the Country of Supply.
viii. Certificate of fumigation issued by respective
Govt. / recognized recognition of the country of supply;
ix. Certificate issued by
USDA / Australia Wheat Board / Canadian Grain Commission / European
Commission (or SGS or equivalent agent authorised by EC)that the cargo at
the time and place of loading was free from weevil and other insects
injurious to stored grains.
x. Certificate to the effect issued by the Seller that
all particulars have been intimated to address as per Clause - 9 ;
xi. Inspection log issued by USDA / Australia Wheat
Board / Canadian Grain Commission / European Commission (or SGS or
equivalent agent authorised by EC).
All cost in connection with above will be all Seller's
Clause 11 Post Landing Inspection
a. After arrival of the grain at the port of destination
the representative of the Buyer in the presence of Seller's representative
shall drawn necessary representative samples for contracted specifications.
Two sets of samples shall be jointly drawn and sealed and taken by Buyer's
and Seller's representatives. Buyer's sample shall be tested in the
Laboratory of the Inspection, Development & Technical Services (IDTS) of
the Directorate General of Food and or Bangladesh Standard & Testing
Institute (BSTI) Laboratory. Claim for supply of low quality cargo, if any,
shall be lodged with the Seller on the basis of this testing report. If
necessary, the Seller's sample shall be tested in BSTI Laboratory. Low
quality cargo will be determined on the basis of percentage beyond specified
limit multiplied by the receipt quantity of the cargo.
b. The quantity of cargo as per bill of lading shall be
delivered at the port discharge by the Capital / Chief Officer of the ship
on behalf of Seller and received by the representative of the Buyer. During
transfer of the Title of the cargo. Final Discharge Report (FDR) will be
prepared and signed by the Captain / Chief Officer of the ship and the
representative Buyer. Weighment of discharged cargo will be made in silo
scale in case the cargo is discharged at Silo jetty. Weighment of the cargo
will be made in Road Weigh Bridge / Railway Weigh Bridge, as the case may
be, for discharge in trucks / railway wagons in Chittagong Port Jetty, 10%
Weighment of bagged / bulk Wheat will be made at random in case of discharge
at Mongla Port. Since the Stevedores are appointed by Shipping Agent in case
of discharge of vessel on liner term, the Seller or his representative shall
remain present at the time of Weighment of Wheat at Chittagong Silo and
Chittagong / Mongla Port Jetty and will sign the daily discharge report.
c. Any damaged cargo found during discharge of the vessel
should be jointly surveyed by both the Buyer and select and the damaged
wheat so detected will not be received by the Buyer. The Seller / Shipping
Agent will destroy the Wheat as per port rules at their cost, risk and time.
Clause 12 Claims
Claims shall be lodged by the Buyer to the Seller for
shortage and damaged cargo, if any, on the basis of Final Discharge Report
(FDR) and low quality cargo, if any, shall be lodged on the basis of IDTS
/ BSTI's testing report. Claims shall be lodged within 90 days the
vessels completes unloading of cargo at the port of destination by
Controller of Movement and Storage, Chittagong / Khulna and or by Ministry
of Food. The claims shall be settled within 30 days from the date of lodging
of the claims.
Clause 13 Submission of Shipping Documents
Signed copies of the following documents in a sealed
envelope shall be dispatched by the Seller by Air Mail consignment wise,
within seven days of the sailing of vessels to the addresses as mentioned at
a. Clean shipped on Board Ocean Bill of Lading.
b. Seller's detailed invoice.
All certificates and certified copies of load
order contained in Clause
Clause 14 Terms of Payment
The Buyer shall open irrevocable Letter of Credit L/c without
recourse for 100% value of the contract payable in US$ at sight in favour of the
Seller. All bank charges in the Seller's country shall borne by the Seller,
while all bank charges in the Buyer's country shall be borne by the Buyer not
withstanding anything mentioned in the contrary, the L/c extension charges
required for amendment of L/c on the request of the Seller, will be borne by the
Seller. The Seller shall be entitled to 100% payment against the L/c only on
presentation of the following documents:
i. One complete set of original clean shipped on
board Ocean Bill of Lading to be made out as per terms of L/c. Bill of
Lading is to state freight "PRE-PAID" and weight loaded.
ii. Seller's detailed invoice certifying cargo, its
specification quantity, unit price, total price, total weight, contract
number, Letter of Credit number and Bill of Lading number and all
certificates as per Clause - 10
iii. Copy / Copies of Letters dated not later than
seven days after shipment evidencing dispatch by Air Mail of Six sets of
signed non - negotiable shipping documents as per Clause - 13 in advance
to the addresses of Clause - 9.
Clause 15 Defaults
a. If the Seller refuse or fails to make deliveries of
the cargo confirming to the contracted specifications within the time
specified or any extension thereof or to perform faithfully any contractual
terms. Buyer may, without prejudice to other rights of Buyer resulting from
breach of contractual terms, by giving written notice cancel / rescind the
contract or terminate the right of the Seller to proceed with any or all of
the remaining part to be performed.
b. Similarly, if the Buyer fails to provide irrevocable L/c
as per Clause - 14, Seller may, without prejudice to their other rights
resulting from the breach of the contract by written notice, cancel / rescind
the contract or terminate the right of the Buyer to proceed with any or all of
the remaining part to be performed.
Clause 16 Insurance
The cargo will be insured by the Buyer under Institute Cargo
Clause (ICC) -C. The Seller shall immediately on completion of loading of cargo
before sailing of the vessels telegraphically inform the Buyer (Address :
Ministry of Food, Government of the People's Republic of Bangladesh, Dhaka.
Cable Address : FOOD DHAKA, Telex : 675671, Fax : 880-2-860762) the Sadhran Bima
Corporation (Address : Sadharan Bima Bhaban, 33, Dilkusha Commercial Area,
Dhaka, Cable Address : REINSURCORP DHAKA Telex : 675606 Fax : 880-2-863703) and
the Buyer's Bank through which the L/c will be opened mentioning the name of the
carrying vessels its sailing dates port of loading and invoice value of the
shipped cargo. This shall be followed by Air Mail advice by the Seller together
with a copy of each of the related invoice and B/L. The number of the Insurance
Policy to be supplied by the Buyer or the L/c opening bank shall be quoted in
all shipping documents. Full particulars of the vessels as mentioned in Clause -
8 of this tender schedule whose age is upto 20 years shall be furnished to the
Buyer and the insurer by Telex / Fax immediately after nomination of the vessels
for acceptances of the vessels before starting loading. If the Seller fails to
do so, all consequential losses be on Seller's account.
Clause 17 Arbitration
Any dispute relating to the contact for import of the cargo
or breach thereof shall be settled or adjusted amicably by negotiations between
the Buyer and the Seller. In case no settlement can be reached the dispute shall
be referred to two Arbitrators, one each to be nominated by the Buyer and the
Seller upon notice of one week by either side. In case of failure of the
Arbitrations to arrive at an agreed decision, the Arbitrators shall appoint
in writing an Umpire whose decision on the dispute or disputes shall be final
and binding on both the Buyer and the Seller. In the matter of the arbitration
the provision of the Arbitration Act, 1940 of Bangladesh shall be followed and
the venue of the arbitration shall be Dhaka, Bangladesh. The Buyer and the
Seller shall bear the cost in respect of their respective arbitrator and the
cost in respect of the Umpire shall be borne by the Buyer and the Seller
Clause 18 Force Majeure
Should any extra - ordinary an unforeseen circumstances
arise, like fire, flood, strike, riot, civil commotion, accident and/or war
preventing either contracting party from fully or partially carrying out the
obligation under the contract, the either party shall inform in witting the
causes of such failure within ten days from the beginning thereof and shall not
be liable for performance of the contract wholly or to the extent of
non-performance, as the case may be. Prevalence of such circumstances shall be
authenticated by the authorities concerned in the respective countries.
Clause 19 Earnest Money
As a condition of this tender I / We enclose earnest money
(Bid Bond) in the form of a Bank Guarantee in Form - I attached hereto or Pay
Order or Bank Draft in favour of the Government (Ministry of Food) equivalent to
1% (One Percent) of the total C & F liner term price at the tendered rate.
This Bank Guarantee / Pay Order / Bank Draft will be released by the Government
(Ministry of Food) at my / our request on any date after twenty one days
following the expiry of three days after the opening of the tender or any
further period that may be agreed to by me / us. In case of acceptance of this
tender, the Guarantee will be extended as per requirement of the Government
(Ministry of Food). The Earnest Money (Bid Bond) shall stand forfeited to the
Government if Performance Guarantee under Clause - 20 below is not furnished by
the successful bidder.
Clause 20 Performance Guarantee
I / We agree that in the event of acceptance of this tender
by the Government (Ministry of Food), I / We shall provide, within three days of
the acceptance, Performance Guarantee (Security Deposit) in the form of Bank
Guarantee in Form - II attached hereto in favour of the Government (Ministry of
Food) of an amount of equivalent to 5% (Five Percent) of the total C&F liner
term price (+5%) of the cargo, as the case may be for the performance of the
contract resulting from this tender. Performance Guarantee (P.G) shall be
provided by the supplier through the corresponding scheduled Bank of Bangladesh.
The verification of Performance Guarantee in Bangladesh or in any foreign
country will be at Seller's cost. The Seller shall inform the Buyer of specific
Telex number and Fax number of the foreign bank concerned. The Performance
Guarantee provided by the Seller for US $ is liable to be forfeited by
the Buyer if the Seller fails to fulfill any of the terms of this contract. The
said Guarantee shall be released after successful fulfillment of this contract.
I / We understand that the Bank Guarantee from a scheduled
Bank in Bangladesh and in the following Form only shall be acceptable to the
Government (Ministry of Food) :
Form 1 : Earnest
Money (Bid Bond)
Whereas the Government of the People's Republic of Bangladesh
represented by Ministry of Food. Dhaka has under Tender agreed to waive the
requirement of call deposit of Bangladesh Taka / US Dollar being one percent of
the tendered price for Import of MT of cargo (Wheat) to be supplied by M/s on
the terms and conditions Governing the said tender and whereas the said tenderer
has requested us through the Bank to issue a Guarantee for an amount of
Bangladesh Taka / US $ in consideration aforesaid, we, the Bank Ltd., do hereby
undertake and give due Guarantee on the tender by the tenderer and we
unconditionally and absolutely bind ourselves :
i. to make payment to the Government of the People's
Republic of Bangladesh (Ministry of Food) of Bangladesh Taka / US $ or
such part thereof as may be directed by the Government immediately on
receipt of demand from the said Ministry in writing, without any
ii. to keep this Guarantee valid and in force till
twenty one days after the opening of the tender. Validity date is
extendable for further period if so required. This Guarantee is
unconditional and it is expressly understood that the sole judge for
deciding whether the tenderer has performed the requirement and
fulfilled the terms and conditions of the tender shall be the Government
(Ministry of Food). Our commitment under this Guarantee is limited to an
amount of Bangladesh Taka / US $ only.
iii. it is specifically stipulated and understood by
us that any grant of time or indulgence to the tenderer without
reference to us shall not in any manner tend to absolve us from our
liability to make payment as stipulated above under this guarantee.
We Certify that our Bank is a scheduled Bank within the
meaning of Article 2 (J) of the Bangladesh Bank Order, 1972 (P.O No. 127 of
(In case of Guarantee in Bangladesh Taka the words underlined
above viz " Through the Bank " shall be deleted).
Form II Performance
Guarantee (Security Deposit)
Whereas the Government of the People's Republic of
Bangladesh represented by the Ministry of Food. Dhaka has accepted Tender No
for supply of M Tons of cargo (Wheat) to be made by M/s hereinafter
referred to as the Seller on the terms and conditions Governing the
And whereas the Seller has requested us through the Bank
to issue a guarantee for an amount of US $ / Bangladesh Taka being 5% of the
C & F price (5% more). In consideration aforesaid, we the Bank Ltd. do
hereby undertake and guarantee the performance of the contract by the
contractor (Seller) and we unconditionally and absolutely bind ourselves
i. To make payment of US $ / Bangladesh Taka to the
Government of Bangladesh (Ministry of Food) immediately on receipt of a
demand from the said Ministry in writing without any question
ii. To keep this Guarantee valid up to at least 90
days from the date of issue and validity date is extendable for further
period, if so required. This Guarantee is unconditional and it is
expressly understood that the sole judge for deciding whether the Seller
has performed the contract and fulfilled the terms and conditions of the
contract shall be the Government (Ministry of Food). Our commitment
under this Guarantee is limited to an amount of Bangladesh Taka / US $
iii. It is specifically stipulated and understood by
us that any grant of time or indulgence to the Seller without reference
to us shall not in any manner tend to absolve us from our liability to
make payment as stipulated in this guarantee.
We Certify that our Banks authorised officers signed the
PG without any addition or alternation of the prescribed proforma supplied by
(In case of Guarantee in Bangladesh Taka the words underlined
above viz " Through the Bank " shall be deleted).
Clause 21 Acceptance of Contract
I / We understand that issuance of the Government's
acceptance of tender by registered post (with acknowledgement due) or by
telegram, telex or fax will be followed by a formal contract. The Tender
together with the letter or telegram, telex or fax of acceptance will constitute
a complete contract after signing of the same.
Clause 22 Responsibility
I / We understand that where a tender form is signed by more
than one person the responsibility will be joint and several.
Clause 23 Signing of The Tender document
The Tenders shall authenticate each page of the Tender
Document with their signatures and seals.
Clause 24 Reservation of Right To Accept or Reject
I / We understand that the Government reserve the right the
right to accept or reject all or any of the tenders without assigning any reason
or to call for any information or clarification from the Tenderers in relation
to tenders submitted by them.
Clause 25 Law Government The Contract
The contract shall be governed by and construed in accordance
with the laws of Bangladesh.
Clause 26 Signature
Having read, understood and accepted all the above
conditions. I / We fill in the space below:
A Signature of the person and date
B Full Name in Capital Letters of the Person signing
C Full Name and Registered Address Firm Which the person
D The Capacity in which the Tender has been signed on behalf
of the firm.
E Name in Capital Letter of the Proprietors of the firm
N.B The space should be filled in carefully. Any
ambiguity will make the tender invalid. If the number of persons less than
three, vacant space shall be shared out. If it is more than three,
additional space may be added to this form but each space must contain five
columns as given above. No Tender shall be accepted, unless accompanied by
the enclosed Proforma Summary.
Annexure - 1
PROFORMA SUMMARY FOR TENDER OF WHEAT
(This Proforma duly filled in should be fixed at top with
indication by Annexure Column Wise)
Name & Address of The Seller and the foreign Principal
Country Of Origin
Port of Loading
Mode of Payment Cash By L/C
Price PMT (In US $) C&F liner terms at both ends basis
Date of completion of shipment at load port.
Validity of Offer
Amount of Earnest Money (Bid Bond)