Sample 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:

1. The 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 different Tenderers.

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 the tender.

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 accepted.

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 quotation.

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 Wheat).

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 bushel

(73.359 kg/hl).

-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 Percent.

iv. Maximum limit of shrunken and broken kernels : 5% percent.

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 classes).

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 / 134 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 Guarantee

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 before.

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 offer :

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 not apply.

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 destination directly.

5. I / We understand that part shipment is allowed.

I / We understand that transshipment shall not be allowed.

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 Seller’s 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. Ship’s Agent in Bangladesh
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, Agrabad, Chittagong.
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 (vii) dockage.

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 account.

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 Clause 9.

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 Arbitration’s 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 equally.

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.

Guarantee Form

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 question whatsoever.

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 1972).

Signature
Dated
Place

(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 contract.

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 whatsoever.

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 $ only.

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 Bank’s authorised officers signed the PG without any addition or alternation of the prescribed proforma supplied by MOF.

Signature
Dated
Place

(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 Tenders

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 represents

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

Quantities Offered

Specification

Country Of Origin

Port of Loading

Crop Year

1

 

 

 

 

 

 

 

2

3

4

5

6

 

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)

Remarks

7

 

 

 

 

 

 

8

9

10

11

12

Signature
Dated
Place




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