GOVERNMENT OF THE REPUBLIC OF BANGLADESH (E GP) e-gp guidelines_63[1].pdf · 2016-07-25 ·...
Transcript of GOVERNMENT OF THE REPUBLIC OF BANGLADESH (E GP) e-gp guidelines_63[1].pdf · 2016-07-25 ·...
GOVERNMENT
OF
THE PEOPLE’S REPUBLIC OF BANGLADESH
Governing Principles of eGovernment Procurement
(EGP)
Draft
Central Procurement Technical Unit (CPTU)
Implementation Monitoring and Evaluation Division
This draft guidelines/governing principles is prepared for introducing e‐Procurement (including e‐Tendering) in pursuant to the provision made in the PPA 2006 (Ref. Section 65) and PPR 2008 (Ref. Rule 128). The CPTU is inviting comments/ suggestions for its improvements.
Ministry of Planning
Table of Contents
Page No
Introduction 6
A. PRELIMINARY 7
1. Short title and commencement 7 2. Definitions 7 3. Scope and Application of the Governing Principles 13
B. EGP SYSTEM FEATURES 15
1. EGP Portal 15 a. Access to Procurement Information 15 b. Access to e‐GP System features 15 c. Disclaimer, Privacy policy and Terms of Use 15
2. Centralized Registration 16 a. Tenderer/Supplier/Consultant Registration 18 b. Procuring Agency/Entity (PA/PE) Registration 18 c. Scheduled Bank (SB) Registration 19 d. Developing Partner Registration 19 e. Evaluation Committee Registration 19 f. e‐GP System Administrators and Auditors Registration 19 g. e‐GP System Operation and Maintenance/Management Registration 20 h. Media Registration 20
3. Annual Procurement Plan Preparation (APP) and Publication 20 a. Procurement Plan Preparation and publication 20
4. Electronic Tender Document Preparation 20 a. Dynamic Forms Library 20 b. Tender Document Preparation 21
5. eTendering 22 a. Online Entry/uploading Tender Document 22 b. e‐Advertisement 22 c. Pre‐Tender/Proposal Meeting 23 d. Tender/Proposal Amendment 23 e. e‐Lodgment 23 f. Tender/Propoal Opening 24
6. eEvaluation 25 a. Formation of Public Procurement committees 25 b. Use of e‐GP system by evaluators 25
7. eContract Management 25 a. Contract progress monitoring and control 25 b. Certification and payment processing 26 c. Contract agreement administration 26
8. Use of Payment Systems 27 a. Payment arrangements 27 b. Integration with Third party payment system 27
9. General 28 a. Workflow Configuration and Management 28 1. Authority Register 28 2. Workflow Mapping 28 b. Common Instrument Numbering 28 1. Instrument Numbering Process 28 2. Records and References 29 c. Personalization/Customization/Configuration 29 1. E‐GP system Configuration 29 2. Agency specific Workflow configuration 29 3. Major actors specific User Interface 29 4. Major Actors specific Features in Dashboard 29 5. Auto Alerts 29 d. Storage of records and documents 29 1. Storage Formats 29 1. Archival requirements 30 2. Handling of Confidential records in e‐GP system 30 e. Procurement Management Information System 30 1. Monitoring and evaluation of procurement process 30 2. Compliance with Key Procurement Performance Indicators 30 f. Security and dispute resolution 30 1. Audit Log 31 2. Dispute Resolution 25
g. Subscriber Services 31 1. Subscription Administration 31 2. Information Services 31 3. Subscription Fee 31 4. Service Fee 31 2. Operation, Maintenance and Management Services 31 1. Operation, maintenance and management arrangements 31 2. Service Standards 31 3. Services Limitations 31 3. Future Extensions 31
LIST OF ABBREVIATIONS
ADB ‐ Asian Development BankADS ‐ Application Data SheetAO ‐ Authorized OfficerAPEC ‐ Asia Pacific Economic Co‐operationASEAN ‐ Association of South‐East Asian NationsBSTI ‐ Bangladesh Standard and Testing InstituteCCGP ‐ Cabinet Committee on Government PurchaseCPTU ‐ Central Procurement Technical UnitCSOs ‐ Community Service OrganizationsDC ‐ Design ContestDoFP ‐ Delegation of Financial PowersDPP ‐ Development Project ProformaDTM ‐ Direct Tendering MethodEOI ‐ Expressions of InterestEXW ‐ Ex‐ WorksFBCCI ‐ Federation of Bangladesh Chamber of Commerce
and Industry GCC ‐ General Conditions of ContractHOPE Head of the Procuring Entity IEC ‐ International Electro technical CommitteeIFA ‐ Invitations for ApplicationIFE ‐ Invitations for EnlistmentIFPQ ‐ Invitations for Pre‐QualificationIFT ‐ Invitations for TenderIMED Implementation Monitoring and Evaluation
Division ISO ‐ International Standard OrganizationITA ‐ Instructions to ApplicantsITC ‐ Instructions to ConsultantsITT ‐ Instructions to TenderersJVCA ‐ Joint Venture, Consortium or AssociationLCS ‐ Least Cost SelectionLD ‐ Line DirectorLOI ‐ Letter of InvitationLTM ‐ Limited Tendering MethodNOA ‐ Notification of AwardOTM ‐ Open Tendering MethodPCC ‐ Particular Conditions of ContractPD ‐ Project Director
PDS ‐ Proposal Data SheetPEC ‐ Proposal Evaluation CommitteePM ‐ Project ManagerPOC ‐ Proposal Opening CommitteeQCBS ‐ Quality & Cost Based SelectionRFQ ‐ Request for Quotation RHD ‐ Roads and Highways DepartmentSBCQ ‐ Selection Based on Consultant’s QualificationsSFB ‐ Selection under a Fixed BudgetSIC ‐ Selection of Individual ConsultantSSS ‐ Single Source SelectionTAPP ‐ Technical Assistance Project ProformaTDS ‐ Tender Data SheetTEC ‐ Tender Evaluation CommitteeTIN ‐ Tax Identification NumberTOC ‐ Tender Opening CommitteeTOR ‐ Terms of ReferenceTOS ‐ Tender Opening SheetTSC ‐ Technical Sub‐CommitteeTSTM ‐ Two‐stage Tendering MethodVAT Value Added TaxWB ‐ World BankWTO ‐ World Trade Organization
Introduction This document provides principle guidelines on using Electronic Government Procurement (e‐GP) for the procurement activities as provisioned under Public Procurement Act, 2006 and the Public Procurement Rules‐2008. The guidelines is prepared also considering the prevailing ICT Act 2008, Access 2 Information (A2I) 2008, Privacy and Evidence Act. And international practices on e‐Government Procurement (e‐GP). The guidelines
• provides general guidance on e‐GP related technical issues • sets out the initial view on e‐GP related Working Assumptions
The e‐GP System shall be used by the procuring entities and other public entities spending public fund for the purposes of complying the procurement process with the PPA, 2006 and PPR‐2008 while procuring goods, works and Services. Initially the system will be pilot implemented in selected procuring entities of four sectoral target agencies, namely Local Government Engineering Department (LGED), Roads and Highways Department (RHD), Bangladesh Water Development Board (BWDB) and Rural Electrification Board (REB). After successful implementation of the e‐GP System in these agencies for the period of 6 months, the system will be rolled‐out in remaining procuring entities of the four target agencies. And ultimately the e‐GP system will be opened for the use of all procuring entities and other public entities in Bangladesh. The e‐GP System shall also be used, as earlier, to publish the Invitation for Tender, RFP, RFQ, Contract Award Notices, Annual Procurement Plans, Key Procurement Performance Indicator Reports and other procurement related information as required by the PPA 2006 and PPR, 2008, though the system will be used by four target agencies for all procurement related transactional activities during the pilot implementation. This document provides practical technical operational guidance and, no attempt is made to provide a guide to the Procurement, ICT, A2I Act itself, or to the associated Code of Practice, which are already available elsewhere. However, the aspects of the Act relevant to the e‐GP System and most likely to affect general users are discussed This document will represent the Government’s view of the application of the e‐GP System for handling public procurement activities online.. However, the guidance given is only intended as a starting point and public entities remain responsible for making their own judgments in individual cases. The guidance balances the government’s commitment to achieve greater openness and accountability in government procurement, with the need to ensure that competitiveness in the public marketplace is not harmed and preferably encouraged. By providing standard procurement documents and defined procurement processes for almost all types of procurement methods provisioned in PPR‐2008, it should promote a consistent approach across public procuring entities. The eGP System and its guiding principles are not intended to be static and will be revised as necessary in the light of experience.
A. PRELIMINARY
1. Short title and commencement
1. These Guidelines may be called Governing Principles of e‐Government Procurement (E‐GP)
2. They shall be effective on the date of coming into use of the Electronic
Government Procurement (e‐GP) System in any form of implementation – Pilot, roll‐out or open for all.
2. Definitions As used in this handbook, the following words shall have the meanings provided in this chapter unless otherwise noted–
1. "Act" means The Public Procurement Act, 2006 (Act no. 24 of 2006); 2. "Administrative Authority" means the concerned Procuring Entity, Head
of the Procuring Entity and Secretary of the Ministry or Division respectively;
3. "Advertisement" means an advertisement published under Section 40, of the Act in newspapers, websites or any other mass media for the purposes of wide publicity;
4. " Agency " means an executive or independent agency 5. “Amendment" means a written alteration in specifications, delivery point,
rate of delivery, period of performance, price, quantity or other provisions of any contract.
6. "Applicant" means a Person eager to be enlisted under the Limited Tendering Method under Section 32 (a) of the Act or to be pre‐qualified in response to an Invitation for Pre‐Qualification under Part‐2 of Chapter Six of the Act, or to be short‐listed in response to a request for Expression of Interest under Section 54 of the Act ;
7. "Approval Procedures" means the approval procedures of a Tender or a Proposal as detailed in Rule 36;
8. "Approving Authority" means the authority which, in accordance with the Delegation of Financial Powers, approves the award of contract for the Procurement of Goods, Works or Services;
9. "Assignment" means The transfer or taking over by another of a contract or any part of a contract or any contractual right or duty
10. "Tender" means a firm and unconditional offer in response to an invitation for tenders
11. "Tenderer" means a person that submits a tender in response to an invitation for tenders
12. "Tender Security" means an acceptable form of security conditioned upon the successful Tenderer’s execution of a contract in accordance with the terms and conditions of the invitation for tenders and receipt of acceptable performance security, if required. Such security is solely for the protection of the agency requesting tenders
13. "Code of Ethics" means the set of conditions and provisions which a Person shall abide while participating in public Procurement;
14. "Completion Date" is the date of completion of the Works as certified by the Project Manager;
15. "Conflict of Interest" means any situation where personal or business interests of any Person in a public Procurement transaction would adversely affect the interest of a Procuring Entity in achieving economy, efficiency, transparency, fairness and equal treatment of Tenders or Proposals;
16. "Consultant" means a Person under contract with a Procuring Entity for providing intellectual and professional services;
17. "Contractor" means a Person under contract with a Procuring Entity for the execution of any Works under the Act;
18. "Contact Person" means the using agency employee charged with the daily supervision of the delivery of a supply or the performance of the services or construction and who interacts with the contractor at the worksite or delivery location
19. "Contract Price" is the price stated in the Notification of Award and thereafter as adjusted in accordance with the provisions of the Contract.
20. "CPTU" means the Central Procurement Technical Unit, established by the Implementation Monitoring and Evaluation Division of the Ministry of Planning, for carrying out the purposes of the Act and these Rules;
21. "Days" means calendar days unless otherwise specified as working days; 22. "Date & Time" means server data and server time 23. "Day works" means work carried out following the instructions of the
Procuring Entity or the authorized project manager and is paid for on the basis of time spent by the Contractor’s workers and equipment at the rates specified in the Bill of Quantities (BOQ), in addition to payments for associated Materials and Plant;
24. "Debarment” means action taken by the head of the purchasing agency to remove a person or entity from consideration for an award of any contract or subcontract for a specified period of time
25. "Defect" is any part of the Works not completed in accordance with the Contract;
26. "Defects Correction Certificate" is the certificate issued by Project Manager upon correction of defects by the Contractor;
27. "Defects Liability Period" is the period named in the Contract and calculated from the Completion Date;
28. "Delegation of Financial Powers" means the instructions with regard to the delegation of financial authority, issued by time to time, relating to the conduct of public Procurement or sub‐delegation of financial powers under such delegation;
29. “Delegated Procurement” means a procurement undertaken by a specialized Procuring Entity on behalf of a Ministry, Division, Department or Directorate when the beneficiary entity delegates the task to such Procuring Entity.
30. “Digital Signature” means an electronic signature used through asymmetric cryptography that can be used to authenticate the identity of the sender of a message or the signer of a document, and possibly to ensure that the original content of the message or document that has been sent is unchanged. Digital signatures are easily transportable, cannot be imitated by someone else, and
can be automatically time‐stamped. The ability to ensure that the original signed message arrived means that the sender cannot easily repudiate it later.
A digital signature can be used with any kind of message, whether it is encrypted or not, simply so that the receiver can be sure of the sender's identity and that the message arrived intact. A digital certificate contains the digital signature of the certificate‐issuing authority so that anyone can verify that the certificate is real.
31. “eGP” means procurement by a Procuring Entity using Electronic Government Procurement (e‐GP) System developed and implemented by CPTU under the PPA 2006, PPR 2008 and governed under the governing principles laid under this guidelines.
32. “Electronic” means any electrical, digital, magnetic, optical, electromagnetic or other form of technology that entails capabilities similar to these technologies. Electronic includes transmission via a telefacsimile device.
33. “Electronic Signature” or “eSignature” means a signature in electronic form attached to or logically associated with an electronic record. It includes an electronic symbol (including a printed name) or a process attached to or logically associated with a tender, contract or purchase order, and executed, adopted or agreed upon by a person with the intent to sign the tender, contract or purchase order. An electronic signature qualifies as an original signature
34. "Evaluation Committee" means a Tender or a Proposal Evaluation Committee constituted under Section 7 of the Act;
35. "Evaluation Report" means the report prepared after the evaluation of s, Tenders, Quotations, Expressions of Interest or Proposals;
36. "Force Majeure" means an event or situation beyond the control of the Contractor, a Supplier or Consultant that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of the Contractor; such events may include, but not be limited to, acts of the Government in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes;
37. "Form" or "Format" means a form or a format appended to these Rules and to the standard Documents issued there under;
38. "Framework Contract" means a contract, effective for a specified period of time, between one or more Procuring Entities and one or more Suppliers, establishing the terms governing the Procurement of Goods and related Services, with regard to price, and, , the quantity or, as case may be, estimated quantities;
39. "Goods" means raw materials, products and equipment and objects in solid, liquid or gaseous form, electricity, and related Services if the value of such Services does not exceed that of the Goods themselves;
40. "Head of the Procuring Entity (HOPE)" means the Secretary of a Ministry or a Division, the Head of a Government Department or Directorate; or the Chief Executive, by whatever designation it may be called, of a local Government agency, an autonomous or semi‐autonomous body or a corporation, or a corporate body established under the Companies Act;
41. "Intellectual and Professional Services" means Services performed by Consultants with outputs of advisory, design, supervision or transfer of a know‐how nature;
42. "Intended Completion Date" is the date on which it is intended that the Contractor shall complete the Works as specified in the Contract and may be revised only by the Project Manager by issuing an extension of time or an acceleration order;
43. "Invitation For Tenders (IFT)" means all documents, including those either attached or incorporated by reference, used for soliciting tenders;
44. "in writing" means communication written by hand or machine duly signed and includes properly authenticated messages by facsimile or electronic mail or electronic format;
45. "License" means Permission or authority to use personal property for specific purposes without possessing title to, or any interest in, the property itself;
46. "Maintenance" means Work that does not change the size, type, or extent of the facility. The facility includes the component parts of the existing building or structure.
47. "Opening Committee" means a Tender Opening Committee (TOC) or a Proposal Opening Committee (POC) constituted under Section 6 of the Act;
48. "Performance Security" means security provided by a contractor solely for the protection of the purchasing agency or using agency receiving the materials, services, or construction, conditioned upon the faithful performance of the contract in accordance with plans, specifications, and conditions of the contract;
49. "Person" means and includes an individual, body of individuals, sole proprietorship, partnership, company, association or cooperative society that wishes to participate in Procurement proceedings;
50. "Physical Services" means the following services with measurable outputs, either‐ a. Linked to the supply of Goods or execution of Works such as
operation and maintenance of facilities or plant, surveys, exploratory drilling, or
b. Stand‐alone service type contracts such as security services, catering Services, geological Services or third party Services;
51. "PreQualification" means a procedure for demonstrating qualifications as a pre‐condition for being invited to Tender;
52. "Primary place" means the office of the Procuring Entity where all Tenders shall be received and opened;
53. "Procurement" means the purchasing or hiring of Goods, or acquisition of Goods through purchasing and hiring, and the execution of Works and performance of Services by any contractual means;
54. "Procuring Entity" means a Procuring Entity having administrative and financial powers to undertake Procurement of Goods, Works or Services using public funds;
55. "Project Manager" is the person named in the Contract or any other competent person appointed by the Procuring Entity and notified to the Contractor who is responsible for supervising the execution of the Works and administering the Contract;
56. "Provisional sums” means amounts of money specified by the Procuring Entity in the Bill of Quantities which shall be used, at its discretion, for payments to nominated Subcontractors and other purposes detailed in the Tender Documents;
57. "Public funds" means any funds allocated to a Procuring Entity under Government budget, or loan, grants and credits placed at the disposal of a Procuring Entity through the Government by the development partners or foreign states or organizations
58. "Public Procurement” means Procurement using public funds; 59. “Quality” means quality of Goods, Works or Services; 60. "Quotation" means the priced offer in writing received from Tenderers for
the Procurement of readily available standardized Goods, Works or physical Services subject to the financial limitation as prescribed by the Rules;
61. "Related Services" means services relating to the contracts of the supply of goods;
62. "Request for Proposals (RFP)" means all documents, including those either attached or incorporated by reference, utilized for soliciting proposals;
63. "Responsive" means qualified for consideration on the basis of evaluation criteria so declared and specified in the Tender Document or in the request for Proposal Document;
64. "Review Panel" means a panel comprised of specialists to review complaints submitted by a Person;
65. "Schedule" means a schedule appended to these Rules; 66. "Sealed Tender" means a tender whose contents are not disclosed until the
bid opening time. Tenders are typically submitted in sealed envelopes to meet this requirement, but electronic submission is not permitted as the purchasing agency has the electronic capability to maintain the confidentiality of the tender until the tender opening time;
67. "Sealed Proposal" means a proposal whose contents are not disclosed until the proposal receipt date proposals are typically submitted in sealed envelopes to meet this requirement, however, electronic submission is permitted as the purchasing agency has the electronic capability to maintain the confidentiality of the proposal until the proposal receipt date;
68. ‘Secondary place" “means the other place(s), designated by the Procuring Entity in exceptional cases, where Tenders can be dropped but not opened;
69. "Services" means goods related Services, physical Services, or intellectual and professional Services;
70. "Signature" means a distinctive mark or characteristic indicating identity. An electronic signature qualifies as an original signature;
71. "Shortlist" means a list of Applicants considered suitable to be invited to submit Proposals for intellectual and professional Services following the evaluation of applications submitted in response to a request for expressions of interest under section 54 of the Act;
72. "Subconsultant" means any person or entity to whom/which the Consultants subcontract any part of the Services;
73. "Subcontractor" is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the Contract, which includes work on the Site;
74. "Supplier" means a Person under contract with a Procuring Entity for the supply of Goods and related Services under the Act;
75. "Tender or Proposal", depending on the context, means a Tender or a Proposal submitted by a Tenderer or a Consultant for delivery of Goods, Works or Services to a Procuring Entity in response to an Invitation for Tender or a Request for Proposal; and for the purposes of the Act, Tender also includes quotation;
76. "Tender Document or Request for Proposal Document", means the Document provided by a Procuring Entity to a Tenderer or a Consultant as a basis for preparation of its Tender or Proposal;
77. "Works" means all Works associated with the construction, reconstruction, site preparation, demolition, repair, maintenance or renovation of railways, roads, highways or a building, an infrastructure or structure or an installation or any construction work relating to excavation, installation of equipment and materials, decoration, as well as physical Services ancillary to Works, if the value of those Services does not exceed that of the Works themselves.
3. Scope and Application of the Governing Principles
This document covers all classes of information related to the Electronic Government Procurement (e‐GP), including the ‘Operation and Maintenance’ (Outsourcing of e‐GP Operation, maintenance and Management (which comprises the long‐term outsourcing of the e‐GP System and e‐GP data center operation, maintenance and management for the sustainability of the system) e‐GP System is a web based system which must encompass the total procurement lifecycle and record the all procurement activities. The purpose of this system is to maintain complete and up‐to‐date Public Procurement System activities of all public agencies as well as provide tender opportunities to all potential tenderers from Bangladesh and abroad. Initially this will apply to four selected target agencies namely Bangladesh Water Development Board (BWDB, Rural Electrification Board (REB), Roads and Highways Department (RHD) and Local Government Engineering Department (LGED), in Bangladesh. The vision of the e‐GP is to enhance the efficiency and transparency in public procurement through the implementation of a comprehensive e‐GP solution to be used by all government organizations in the Country. The entire public procurement activity undertaken by the government shall be channeled through the e‐GP infrastructure and implemented in a phased manner. Efficiency in handling public procurement by the government organizations shall be enhanced through automation and process reengineering. The system shall enable the government to maintain a clear picture of its procurement activities on a real‐time basis. By engaging in e‐GP, the government catalyzes the supplier community to participate in e‐business. Bangladesh E‐Government Procurement (e‐GP) system consists of many modules which are interlinked. These modules are: i. Centralized Registration (Contractors/Suppliers/Consultants, Procuring
Entities and other actors of e‐GP) ii. Workflow management System iii. e‐Tendering (e‐Publishing/e‐Advertisement, e‐Lodgement, e‐Evaluation, e‐
Contract award) iv. e‐Contract management System (CMS) v. e‐Payments vi. Procurement Management Information Systems (PROMIS) vii. System and Security Administration viii. Handling Errors and Exceptions ix. Application Usability & Help Modules and features (i.e. e‐Catalog/e‐Purchase, e‐Auctions, e‐Reverse Auction, integration to supply chain and others) may be added, removed or updated as demanded by the prevailing Acts, rules, government instructions and demand from procurement community.
e‐GP System will be based on a workflow based Collaborative government procurement platform. All the stake holders/Actors of the procurement process will have appropriate access points and will get working dashboards with authorized functions in e‐GP System. The e‐GP System shall support the following user categories for stakeholders/actors initially and provides them the secured access to related functionalities of the e‐GP System through dashboards:
1. General Public for Public Procurement Public Information 2. Tenderers/Contractors/Suppliers/Consultants 3. Procuring Agencies/Entities 4. Payment Service Providers (Scheduled banks) 5. Development Partners 6. e‐GP System Administrators (CPTU) and Auditors 7. Operation & Maintenance partner 8. Evaluation Committee 9. Media community for updates, announcements, news releases etc.
B. EGP SYSTEM FEATURES
1. EGP Portal
a. Access to Public Procurement Information
1. General public, registered and non‐registered users of the e‐GP System shall get access to public records and information to the fullest extent through e‐GP Portal of e‐GP System required by laws, acts, rules and government instructions applicable in Bangladesh consistent with the Public Procurement Act 2006, Public Procurement Rules 2008, CPTU, procuring entities, tenderers, contractors and suppliers’ duties and statutory obligations to protect the interests rights of the concerned stakeholders.
b. Access to eGP System features
1. All the e‐GP System users must accept the terms and conditions of using the e‐GP system on the registration page before submitting registration information. CPTU shall have rights to modify clauses of the terms and conditions without prior notice.
2. To access e‐GP System securely, users should use appropriate web
browsers and its security settings but as the development of new browsers and new security measures comes up frequently, users need to update or install new components and configuration settings as and when those comes into notice or notified by the e‐GP System.
3. The user must provide appropriate authentic signature (eSignature or digital Signature whichever accepted by the e‐GP System) for the authentication of the digital documents, which may be post‐verified with due diligence to confirm the authenticity. If the eSignature is identified wrong, necessary action shall be taken according to the law of land. Use of any form of signature should comply with the requirements of the prevailing IT Act of Bangladesh.
c. Disclaimer and Privacy policy
1. CPTU/IMED reserves the right, in its sole discretion, to correct any errors or omissions in any part of the e‐GP System and to make changes to the e‐GP System and to the materials, products, programs, services or prices described in the site at any time without prior notice.
2. In no event will CPTU/IMED and/or third parties be liable for any
damages including, but not limited to, indirect or consequential damages or any damages including, but not limited to, errors or
omissions, delays or incomplete transactions, inaccessible or unavoidable e‐GP Portal down, insufficient time to submit tender, identity lost by users, session out or accidental page close, indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits, whether in action of transaction, negligence or other action, arising out of or in connection with the use of the e‐GP System.
3. The information and other materials included on the e‐GP portal and
system may contain inaccuracies and typographical errors. CPTU/IMED does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the e‐GP System.
4. CPTU/IMED does not warrant that the functions contained in the e‐GP
will be uninterrupted or error free or those defects will be corrected or that this e‐GP System or the server that makes it available are free of viruses or bugs. CPTU/IMED does not represent the full functionality, accuracy or reliability of any material. CPTU/IMED may terminate, change, suspend or discontinue any aspect of the e‐GP System, including the availability of any features of the system, at any time without notice or liability.
5. CPTU/IMED will not share or sell the personal or Business identifiable
information with any other person or organizations without your prior consent of the owner, unless required by the e‐GP System to carry out its defined functions or required by the law of land.
6. The use of the e‐GP System is only and for lawful purpose, in a manner,
which does not infringe the rights of or restrict or inhibit the use of the systemby any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of content within thee‐GP System.
7. E‐GP System shall use the e‐GP Data Center server time as reference time for all time‐bound activities of procurement processes.
8. E‐GP System Administrator may notify the users by displaying notices, alerts and statements about the scheduled maintenance and possible interruption of the e‐GP System.
9. E‐GP System may send e‐GP System related promotional information to its users.
2. Centralized Registration a. All the users (stakeholders/actors) must get registered in the e‐GP System
under an appropriate user category. of the procurement process will have
appropriate access points and will get working dashboards with authorized functions in e‐GP System.
b. The registration shall be done instantly through the online registration page of the e‐GP System following through due diligence post verification if CPTU feels required. The intended user must provide all required information, digital documents, and accept the terms and conditions of e‐GP System use and should be aware about the disclaimer and privacy policy of the e‐GP System. If any misinformation is identified and the user does not correct the information, user account shall be cancelled or suspended and appropriate action shall be taken according to the law of land.
c. Any registration may be cancelled anytime if found violating any of the clauses of Terms and Conditions of e‐GP System use.
d. Users should choose a unique User ID and corresponding Password, acceptable to the System, to be used later to access the e‐GP System
e. Users should upload mandatory documents and provide information online to establish identity and related experience required according to PPR‐2008 in the storage space provided and specified by the e‐GP System for the user for uploading and storing documents in e‐GP Data space. However, if additional storage space is required CPTU may allocate such space accordingly to the policy taken by the CPTU/IMED for the operation and management of the e‐GP System.
f. Users may be charged and/or waived specified amount of money for different categories of users for the Registration, Subscription and renewal for specified time period, additional storage space, facility to use specific features/modules of the e‐GP System and different services from the Operation and management entity. CPTU/IMED has got rights to set such charges reasonably and rationally to promote the use of the e‐GP System and sustainability of the system in long run.
g. Users must comply with the terms & conditions, privacy policy, and disclaimer. Users need to read the terms and conditions, privacy policy and disclaimers and click the “Accept” button appeared in the Registration Form during the application process.
h. Users may fill‐up the non‐mandatory information of different sections of registration form save partly and complete the information later.
i. E‐GP System may use any additional reliable and secured human verification methods or security codes, i.e. CAPTCHA, to protect the unsolicited spamming and automated registrations.
j. Membership for using the e‐GP System only be completed once the user respond to the e‐mail link send to the respective e‐mail, successful registrants will be notified by the system
k. The concept of single sign‐on shall apply and same/updated information provided in registration can be used across all procurement activities until its validity expires.
l. Users should properly logout from the e‐GP System after using the system.
m. The users may update their profile details with authenticated information anytime through dashboard in secured environment. User ID, username are not allowed to change.
n. Users may Cancel their registration provided there they have no obligations pending to any party while using e‐GP System.
o. Besides the common guidelines given above, different categories of users registrations and specific guidelines for the registrations are given below:
a. Tenderer/Supplier/Consultant Registration
(i) Tenderers, Suppliers and Consultants may register as a single entity
or in Joint Venture (JV) or association with sub‐Contractors or sub‐Consultants in compliance with the Public Procurement Rules 2008, and applicable procurement guidelines, filling in an application form provided by the System for registration before using the e‐GP System.
(ii) Tenderers/Suppliers/Consultants registers into the e‐GP System to get facility and access to the procurement opportunities of the puplic agencies, participate in the tendering/proposal submission, track the contract award and manage the contract and deliverables etc. through the available features/modules of the e‐GP System.
b. Procuring Agency/Entity (PA/PE) Registration
1. PA/PEs should seek approval from CPTU to create any Procuring Agency account with authentic PA/PE identity information.
2. PA/PEs should register into the e‐GP System to get facility carrying
out different activities of procurement process, annual procurement plan preparation, procurement document preparation, evaluation, contract award, contract management, internal procurement process workflow management, tracking payments, deliverables and many others, through the available features and modules of e‐GP System
3. Should provide Entity details, and other required detailes in order to complete the Registration Form but CPTU reserve the right to make any changes in fields of the Registration Form
4. The e‐GP System will generate an unique application number and the
Procuring Agency should refer the unique number while seeking assistance from CPTU
5. Secured Dashboard provides PA/PEs to create as many internal users as required for the procurement process.
c. Scheduled Bank Registration
1. Scheduled Banks should seek approval from CPTU to create any such service provider account
2. Financial Institutions/Banks authorized by Bangladesh Bank are
allowed to register for providing Bank Guarantee, tracking, processing payments or both
3. Secured Dashboard provides PA/PEs to create as many internal users as required for using. E‐GP System.
c. Development Partner Registration
1. Prior approval from CPTU is required to create any such Development partner account (i.e. The World Bank, ADB, JICA, DFID, etc.)
2. Development partners may be provided facility to upload their Procurement guidelines, Review the development partner funded project progress and others.
3. Secured Dashboard provides PA/PEs to create as many internal users as required for using e‐GP System.
e. Evaluation Committee Registration
1. Prior permission from Procuring Agencies or Procuring Entities is required to create any such Evaluation Committee member
(a) Evaluation Committee is allowed to register as:
(i) Tender/Proposal Opening Committee (TOC/POC)
(ii) Tender/Proposal Evaluation Committee (TEC/PEC)
2. Evaluation Committees get access to the e‐GP System only in specified and restricted time for specific procurement defined by the procuring agencies/entities for submitting the evaluation results and reports and should fully comply with the requirements of Public Procurement Rules 2008 and other guidelines if any...
f. EGP System Administrators and Auditors Registration
1. Prior permission from CPTU/IMED is required to create any such e‐GP System Administrators and Auditors registration
2. E‐GP System administrators get access to the e‐GP System tools for
e‐GP Site/Portal configuration, user management, creating and updating standard procurement template library, data import and export, report generations from PROMIS, update and moderation of contents in e‐GP system, managing unregistered Procuring entities and other users.
g. EGP System Operation and Maintenance/Management Registration
1. Prior permission from CPTU/IMED is required to create any such e‐GP System O&M registration
2. E‐GP System O&M get access to the e‐GP System tools for e‐GP
Site/Portal configuration, setup workflow for Procuring entities, data entry, call center facility, user management and access to other features if access given by CPTU/IMED for creating and updating standard procurement template library, data import and export, report generations from PROMIS, update and moderation of contents in e‐GP system, managing unregistered Procuring entities and other users.
h. Media Registration
1. Prior permission from CPTU/IMED is required to create any such Media registration
2. Media gets access to the e‐GP System tools for obtaining
procurement related information, updates, news announcement and press releases.
3. Annual Procurement Plan (APP) Preparation and Publication
1. Procuring Agencies are to prepare their Annual Procurement Plan through the e‐GP Dashboard and should publich by 1 July each year as required by the PPA 2006 and PPR 2008. The e‐GP System will guide the agencies with easy online forms with preparing draft, update and publishing facilities.
2. Online system for preparing annual procurement plan works under the configured workflow for approval process.
3. E‐GP System allows preparing and publishing individual and/or Centralized procurement plans for procuring entities and agencies.
4. Electronic Tender Document Preparation (ETDP) a. Dynamic Forms Library
1. Dynamic Forms for preparing electronic tender documents and for other activities of the procurement process shall be prepared and updated only by the CPTU or the entity authorized by the CPTU. Procuring entities may change and update only the specific sections of the template and its contents. For example, General Condition of Contract clauses can be modified only through Special/Particular Conditions of Contract, add
rows for additional items, remove unrelated forms or others with special care and knowledge.
2. Procuring entities get access to all the available standard procurement document templates for preparing Invitation to Tender, Proposal and documents for procurement of Goods, works and services.
3. Agencies may get online help to select the appropriate tender document or electronic tender document template for preparing the tender document for the intended procurement.
4. Considering the complexity of the forms, the nature and size of the user group, authentication and security matters, the agencies may provide the forms in multiple document formats like .doc, .pdf etc.
5. Procuring Entities may provide forms to be downloaded and completed
online and submit electronically. If it is not possible to provide online access then Agencies should provide alternative options to obtain and complete the form
6. Procuring Entities shall provide guidance and safeguards, assured
validity of the online forms so the system can guide users to find the correct form and prevent them from filling incorrect forms. Agencies also shall provide clear instructions, online and offline help in this regard
7. Procuring Entities shall test online forms with different equipment and
operating system to ensure that accessibility is not restricted for some users and make sure that online forms are consistent with each other and consistent with offline versions
b. Tender Document Preparation
1. The Tenderers/Suppliers/Consultants have to prepare their Tenders/proposals online, and documents required to be uploaded by the time specified in the the Invitation for Tenders/Proposals after signing of the same by the eSignature or Digital Signature, whichever applicable, of their authorized representative.
2. Tenderer/Consultant should allocate sufficient time to read the document thoroughly to understand what is being asked for and get everything ready for filling‐in and submitting the tender/proposal online and complete the submission before the deadline of submission time.
3. Tenderer should ensure all the forms have been completed correctly and
sufficiently for which you wish to tender. 4. Tenderer/Consultant should ensure all questions and matters raised in
the Tender document have been addressed..
5. Tenderer/Consultant should adequately address all selection criteria,
making sure you demonstrate your ability to meet the various criteria. 6. Tenderer/Consultant should keep track of any amendments issued
during the tender period and ensure these are included as an appendix to the tender response
7. Tenderer/Consultant should submit the tender response before the
closing time. Late tenders/proposals, even if only by a few seconds, are ineligible for consideration. E‐GP System shall automatically reject such late tenders/Proposals
8. All sorts of incomplete documents kept as save draft mode for more than
28 (twenty eight) days will be deleted automatically from the system, CPTU will bear no liability in this regard. The time period for keeping the drafts in the e‐GP System may be changed by CPTU anytime.
5. eTendering
a. Online Entry/uploading Tender Document
1. The Tenderers/Suppliers/Consultants have to submit their Tenders/proposals online, and documents required to be uploaded by the time specified in the the Invitation for Tenders/Proposals after signing of the same by the eSignature or Digital Signature, whichever applicable, of their authorized representative.
2. The Tender/Proposal of only those The Tenderers/ Suppliers/ Consultants, who have submitted their Tender/Proposal within the stipulated time, as per the tender time schedule, will be accepted by the e‐GP system. Tenderers/ Suppliers/ Consultants who have not submitted Tenders/Proposals within the stipulated time will not be allowed to upload the relevant documents to e‐GP System, causing non‐responsive.
b. eAdvertisement
1. Procuring Entities should prepare Invitation for Tenders/Proposals using the online template available from the secured Dashbaord for the Procuring entities. The detailed description of the work, time‐schedule, conditions etc. including the tender documents for e‐Tendering shall be made available on the procurement opportunities section of the e‐GP System and shall be available to all interested to search and read the advertisement.
2. The Invitation for Tender/Proposal shall be published in the e‐GP
Portal with the proper of the authority in procuring entity.
3. Notices shall be published in newspapers only after uploading the online Tender Documents and Invitation for Tenders on the e‐GP System.
c. PreTender Meeting
1. Facility for Online Pre‐Tender/Propoal meeting will be available in e‐GP System as soon as the readiness of the procurement community for this will be felt sufficient. Currently the real‐time facility for Pre‐Tender/Proposal will not be available.
2. Responses/clarifications of the queries on Tender or RFP document shall be posted to the all prospective tenderers/Consultants through specified channel (s) of communication, who have purchased tender document or submitted Expression of Interest (EOI) complying with the Public Procurement Rules 2008.
d. Tender Amendment
1. To the extent permissible under procurement rules the Procurement Agencies may modify the tender documents by amendment at any time prior to the deadline for receipt of tenders.
2. Procuring entities shall issue an addendum and publish in the related section of the e‐GP System and also send via an automated electronic means (i.e. email, sms) and make available online in e‐GP System for the knowledge of public and the prospective tenderers/Consultants of clarification, alterations, deletions or additions to the tender/RFP documents required as a result of the Pre‐Tender/Proposal meeting or with the initiation of procuring to all tenderers or Consultants who have received the tender document or RFP.
e. eLodgment
1. A tender/proposal lodged electronically is deemed for all purposes to be the true and legal version, in writing, duly authorised and duly executed by the Tenderer/Consultant and intended to have binding legal effect. eSignature / Digital signatures are necessary due to the security built into the system for identity authentication purposes. Identity of the Tenderer/Consulant may be verified with due diligence.
2. Tenders submitted via the e‐GP System must be received in full prior
to the closing time. 3. If the electronic records entered online and files containing the
tender/proposal are corrupt, contain a virus or are unreadable for any reason, the tender will not be considered. So it is the responsibility of the tenderer/Consultant to make sure the integrity, completeness and authenticity of the Tender /Proposal.
4. Immediately prior to submitting a tender/proposal electronically the tenderer/Consultant must check the electronic records and files making up the tender/proposal for viruses using fully current virus checking software and must remove all viruses from the files
5. Tenderers/Consultants acknowledge and accept, in respect of
electronically transmitted tenders/proposals, that: a. Lodgment of large electronic files may take time and as such they
must allow sufficient time to fully transmit all files prior to the closing time
b. Procuring entities or CPTU shall not be liable or responsible for the
loss, damage, destruction or corruption of any tender/proposal, however caused
c. Agencies, until after the tender/Proposal opening, may not discover
corruption or unreadable files submitted via the e‐GP System d. Faults in the tenderer's/Consultant’s computer system are not the
responsibility of the Procuring Entities or CPTU and no extension to the closing time will be made because of the system
f. Tender/Proposal Opening
1. The Procuring Entities receiving the tenders/Proposals should form a Tender Opening Committee (TOC)/Proposal Opening Committee (POS).
2. Access to the Dashboard for the TOC/POC shall be available only after the specified Tender/Proposal opening date/time. The Committee members should fill up the Tender/Proposal Opening Sheet provided by the system as per PPR‐2008 requirements. Access to the technical and/or financial proposal to TOC/POC and TEC/PEC shall be available only at the specified date and time configured in the e‐GP System by the Procuring entities according to Tender/RFP. Tenderers/Consultants may physically be present in the Tender/Proposal opening time otherwise, Tenderer/Consulants may choose to watch the online common bulletin board, if available, where the TOC/POC may post the tender opening records.
3. TOC/POC shall verify the required items including scanned documents
uploaded by the Tenderers/Consultants, if any, as required 4. Online and Real‐time tender opening feature is not available in this
version of e‐GP System, but the tender/proposal opening information may be posted in common bulletin board/Forum under specific ender/RFP section of the Dashboard of Tenderers and Consultants.
6. eEvaluation
a. Formation of Evaluation Committees
1. Procuring Entities should ensure that the proper guidelines have been followed as per PPR‐2008 for forming a Public Procurement Committee to evaluate tenders/Proposals received through the system
2. Procuring Entities should ensure that the formed Committees have
enough knowledge and conversant with the available tools offered by the e‐GP system, i.e. a way to enter, view, update scoring criteria and weighting, automated analysis of Tenders/Proposals, audit trails and reporting etc.
3. Procuring Entities should make the system available with applicable
features that support workflow and evaluation process. 4. Procuring Entities should provide Internet connectivity to evaluators
to allow for real‐time collaboration between multiple and geographically dispersed evaluators.
b. Use of eGP system by evaluators
1. Access to the Dashboard for the Evaluation Committee shall be available only after the specified date/time and configured in the e‐GP system by the Procuring Entities. At first, the Committee members should fill up the declaration sheet provided by the system as per PPR‐2008 requirements. Access to the technical and/or financial proposal to TEC/PEC shall be available only at the specified date and time configured in the e‐GP System by the Procuring entities.
2. Evaluators should follow predefined workflow set‐up by the Procuring Entity to evaluate tender/Proposal documents.
3. Evaluators should complete all the required matrix to be used to
evaluate tenders, should not leave anything blank that are mandatory for the Tender/Proposal evaluation.
4. E‐GP System shall not allow the Evaluators to alter any data that may
determine the winner Tenders/Proposals after submission of the final data to the system
5. If any modification required, evaluators may seek permission from the
proper authority to update the value of the matrix
7. eContract Management
a. Contract progress monitoring and control
1. The authorized individuals or combination of individuals managing contracts should have the combined knowledge, skills, and abilities to effectively carry out the responsibilities by using the e‐GP system.
2. E‐GP System provides the standard forms and entry spaces to record
the different activities and events of the Contract.
3. Designated official must measure time and cost against the budget and projected time required to complete the contract to detect deviations from the plan through the e‐GP system dashboard. The performance of the work must be checked to ensure that the targets are being met and accordingly update the data to reflect the actual status of the contract.
4. The designated official should upload inspection reports, photographs
and other documents seem to be necessary must be attached with the contract for review by the higher authorities
b. Certification and payment processing
1. The e‐GP System provides the standard forms for issues different types of certifications like acceptance certificate, quality certificate, etc. The designated officer, who is responsible for evaluating performance of the contract, must carefully review the contractor's requests for payment to verify the accuracy of all charges. All documentation submitted electronically must be verified to assure that all charges for the services are justified.
2. The designated officer must verify receipt of services in accordance
with the contract prior to authorizing payment of invoices. If the services received are not acceptable or not in accordance with the contract terms, the contract manager should authorize payment only for those services received that are in accordance with the contract terms and conditions.
3. If the cost charges are acceptable, the designated officer shall mark the
invoice by clicking the button "approved for payment"
c. Contract agreement administration
1. E‐GP System also provides tracking mechanism for all contract agreements.
2. The designed officials should check contract status; contracted parties, contract period, goods and services covered and contract points to make any decision during contract agreement administration.
3. If any contract needed to be renewed then the e‐GP System brings up the auto alerts for required actions. The designated official should write appropriate reason before any such extensions.
8. Use of Payment Systems
a. Payment arrangements
i. Procuring Entities should ensure Tenderers/Consultants that they are given proper guidelines on billing and payment options and they have to choose the options of payment recommended by CPTU.
ii. Since there is still no online payment system available for online payment transactions in Bangladesh, e‐GP System has offered option to use the service of scheduled banks. Scheduled banks get secured access to the e‐GP System with their own Dashboard, from where, the banks can carry out the financial transactions related to public procurement providing, guarantees, tracking the guarantees, making payment transactions etc. Scheduled Banks may charge an amount from the Tenderers /Consultants for their services. The charge amount for the transactions should be agreed with CPTU. CPTU shall not be responsible for the transactions made by banks with the Tenderers/Consultants.
iii. Procuring Entities should ensure that the payment options are open through Schedule Banks or any other popular and accessible payment network recommended by CPTU. CPTU introduce the online payment system as and when it will be available in Bangladesh.
iv. Agencies should make necessary arrangement with authorized banks or financial service providers to disburse the amount to Tenderers/ contractors / Consultants or any such party when the sum is due by using or integrating the e‐GP System Payment Module.
b. Integration with Third party payment system
(i) CPTU may integrate any third party product that meet the required standard and security requirement and approved by the Bangladesh Bank to provide such service to be integrated with the e‐GP System to provide payment service
(ii) Payment System Operator and Payment Service Provider must
meet the requirements of all relevant laws, compliance with Anti‐Money Laundering/Counter Financing of Terrorism (AML/CFT) procedures, as well as regulations and guidelines prescribed for them by Bangladesh Bank.
(iii) The third party payment link should enable a receiver of an
electronic copy of the document to navigate the link to a third party vendor's payment web site, where the receiver makes payment arrangements.
9. General
a. Workflow Configuration and Management
1. Authority Register
(i) e‐GP System is based on the procurement process workflow, which is again based on the delegation of financial power (DFP). E‐GP system workflow is verifies the Authority Register stored in the system for each procuring entity to carry out the procurement transactions in compliance with the DFP and process defined in the PPR‐2008,
(ii) e‐GP System should provide an data entry form available for the procuring entities to capture detail personal information, department/ section information, responsibility information, e‐Signature, detailed contact information and authorization level of the user.
(iii) Procuring Entity should determine the different authorization levels for each user to perform certain activities
2. Workflow Mapping
i. Procuring Entity should create workflow for centralized,
distributed and/or hybrid kind of procurement management hierarchy to complete transaction cycle to accomplish any procurement activity involving all required resources and transparent roles/authorities
ii. Procuring Entity should create it’s own workflow mapping to provide flow for each procurement process node with specific department, designation/role, rights and permission to perform and automate necessary tasks.
iii. Procuring Entity should configure the e‐GP System from its Dashboard using the created Responsibility and Authority Register for different procurement processes under the procurement workflow.
b. Common Instrument Numbering
1. Instrument Numbering Process
(i) Procuring Entity should ensure that each contract, PO, or any other agreement is uniquely numbered in order to facilitate MIS on spend analysis, supplier performance or/and such purpose. E‐GP system also provides its internal number for each transactions and items.
2. Records and References
(i) Procuring Entity should accept the system guided format to create any reference, record or even modifying an existing records or reference number
c. Personalization/Customization/Configuration
1. EGP system Configuration
(i) Procuring Entity should configure the e‐GP System to fit with the existing procurement practice as per PPA‐2006 and PPR‐2008
2. Agency specific Workflow configuration
(i) Procuring Entity should configure the workflow on the e‐GP System to fit with the existing manual workflow as per PPA‐2006 and PPR‐2008
3. Major actors specific User Interface
(i) Procuring Entity should ensure that actors specific User Interface has been created to perform activities as per the user’s permission and facilitated necessary tools to complete activities
4. Major Actors specific Features in Dashboard
(i) Procuring Entity should ensure that Dashboard has been created with required features to accomplish tasks as per permission granted to major actors in compliance with PPA‐2006 and PPR‐2008
5. Auto Alerts
(i) Procuring Entity should ensure that the auto alerting system are functioning properly so as the service providers get the required message alert on specific events in the procurement process.
d. Storage of records and documents
1. Storage Formats
(i) E‐GP System in any uld have ability to store records
(data) in any of the two languages (Bangla and
English), where applicable in e‐GP System. Mostly user
interface information of e‐GP System may be stored in
Bangla.
2. Archival requirements
(i) Procuring Entity should ensure that all the completed documents have been archived by the system. A competent person should be assigned by the procuring entity to oversee the archival document and do it manually in the case of the system failure
3. Handling of Confidential records in eGP system
(i) Any record, labeled as confidential or sensitive by the system, should not be published or shared with any third party without written permission from the owner
(ii) E‐GP system must have adequate measures to ensure that even users with highest level of authorization (i.e. System Administrator) are not able to view / retrieve sensitive information without a proper approval process.
e. Procurement Management Information System
1. Monitoring and evaluation of procurement process
(i) Procuring Entity shall provide necessary procurement related information to the system to generate various report to be used for monitoring and evaluation purpose to comply with the PPA 2006 and PPR‐2008
2. Compliance with Key Procurement Performance Indicators
(i) Procuring Entity should comply with the key procurement
performance indicators to fulfill the requirement of PPR‐2008 (ii) Procurement Entity should supply required information to the
system to generate reports on Key Performance Indicators.
f. Security and dispute resolution
1. Audit logs i. E‐GP System should guarantee that all “write” events and access to
sensitive data through the e‐GP System are captured in the audit trail for future auditing purposes
ii. Only authorized auditors with specific permission may access the audit logs in presence of CPTU officer.
iii. Audit trails should not be allowed any modifications. 2. All the activities of each and every users from login to logout for any
sessions shall be recorded with identity of the user, date and time. The information logged in database may serve as sufficient evidence of action of any user of e‐GP System.
3. Dispute Resolution a. Dispute resolution in case of information theft, misuse, hacking,
spamming, disclosure etc. will be handled through the provisions made in prevailing IT Act and related laws of land.
g. SUBSCRIBER SERVICES
i. Subscription Administration
1. CPTU/IMED reserves the right to Setup, Configure and Administer the subscription of the registered e‐GP System users
ii. Information Services
1. CPTU/IMED may provide procurement information available in e‐
GP System through web services to a third‐party or website or application charging fees. This may generate some fund for running e‐GP Data Center and its operation.
iii. Subscription Fee
1. CPTU/IMED may introduce service/renewable fee payable to them
by the e‐GP System subscribers during the system subscription
2. OPERATION, MAINTENANCE AND MANAGEMENT SERVICES
a. Operation, maintenance and management arrangements (i) CPTU/IMED reserves the right to outsource operation,
maintenance and management services to any third party and it can direct or request registered users and stakeholders to oblige any agreement with any outsourced company.
b. Service Standards (i) CPTU/IMED shall monitor and recommend the service and
expected standard provided by the outsourced firms to the stakeholders and e‐GP system users
c. Services Limitations (i) CPTU/IMED shall determine the access level and service
limitation to the outsourced partners in accordance with related rules and regulations
3. Future Extensions
(i) CPTU/IMED reserves the right to bring any changes to the system, service and or management structure at anytime at any condition in the light of experience to comply with any changes in acts, rules and regulations or to make the system compatible with new technology, user friendly and useful to the intended users.