Bangladesh Chemical Industries Corporation

BANGLADESH CHEMICAL INDUSTRIES CORPORATION Price of Tender Documents PURCHASE DIVISION (12 TH FLOOR ) TK.750.00 per set (non- BCIC BHABAN, 30-31 DILKUSHA C/A, DHAKA . refundable) PHONE : 9567091/9561627 , FAX : 9552642 (PUR) E-mail : [email protected] Web site: www.bcic.gov.bd

Ref. No PUR-3.2740/2016-2017 Dated: 29-08-2016

Sub : Tender Enquiry for procurement of 17.00 M3 Primary Reforming Catalyst (PRC) under Cash Foreign Exchange (A/C: JFCL). Dear Sirs, Sealed Tenders are hereby invited in accordance with the International competitive bidding procedures for supply of items as detailed in the attached schedules under the following terms and conditions:- 1.00 DATE AND TIME OF CLOSING OF TENDER: Tender will be received upto 11.00 A. M on 18-10-2016. 2.00 PLACE OF SUBMISSION OF TENDER: Tenders will be received in the offices : (a) In-charge, Purchase Division, BCIC, BCIC Bhaban (12th floor), 30-31, Dilkusha Commercial Area, Dhaka. (b) ShaSha, BCIC-1 Branch, 4th Floor, Room No. 521, Dy. Secretary, Ministry of Industries, 91, Motijheel C/A., Dhaka-1000. Tender may either be sent by post or be dropped in the tender box kept in the above office for the purpose. Care must be taken to ensure that it reaches this office by the date and time fixed as late tenders shall not be acceptable. 3.00 DATE AND TIME OF OPENING OF TENDER: Tender will be opened in the office of In-charge, Purchase Division, BCIC, BCIC Bhaban (12th floor), 30-31, Dilkusha Commercial Area, Dhaka at 11.05 A. M on 18-10-2016 in presence of the tenderers or their authorised representatives (if any). 4.00 SOURCE OF FUND: The purchase against this tender enquiry will be financed under Cash Foreign Exchange.

5.00 BIDDING INSTRUCTIONS:

5.1 The bids shall be submitted in duplicate in a single envelope and the envelope shall be sealed and addressed to the In-charge, Purchase Division, BCIC, BCIC Bhaban (12th floor), 30-31, Dilkusha C/A, Dhaka. 5.2 The envelope shall bear the tender enquiry number and due date and time of tender opening & also indicate the name and full mailing address of the tenderer so as to enable the Buyer to return the Late/ Delayed tender unopened. 5.3 If the envelope is not properly sealed and inscribed as instructed above, the buyer shall assume no responsibility for misplacement or premature opening of the tender. Bidders may participate directly or through their local agents. 5.4 Local Representative/Liaison Officer/Contact Person may personally carry for submission of the offer. In such case, envelope containing documents in sealed condition may be put in master envelope, be sealed and submitted. In the event the offer is received by the representative from the overseas office through mail/courier, it should be submitted in original mail cover/courier cover within the master envelope. For direct participation , the following documents are to be submitted: 5.5 Detailed specification in original as per schedule of tender from the manufacturers. 5.6 In case of Export House, an Authorization letter from the Manufacturing Company in favour of such Export House. 5.7 Tender Security/Bid Bond. 5.8 Original Money Receipt issued by BCIC as evidence that the tender document was purchased. Contd ...... P/2 : 2 : 5.9 A photocopy of tender documents each page sealed and signed as evidence that the bidder has gone through the terms of the tender and has accepted the same. 5.10 Confirmation letter in respect of period of shipment, validity of offer, validity of bid bond etc. 5.11 Manufacturer’s Certificate in original confirming that in the event of awarding contract, they will undertake to supply the commodity if the offer is submitted through an Export House. 5.12 Manufacturer’s Certificate from which countries will be submitted alongwith the offer shall be treated as country of origin. 5.13 Proforma Invoice in original from the Manufacturing Company or duly Authorised Export House of the Manufacturing Company showing price of the commodity with break up of FOB and Freight per M3 and Commission to Bangladeshi Agent if any included in or extra on FOB Price per M3. Schedule of the tender enquiry should be duly filled in, sealed and signed in duplicate. Participation through Local Agent: For participation through local agent, the following documents in addition to the above 5.5 to 5.13 are to be submitted: (i) Letter of Authorisation from the Manufacturing Company or from the export House. (ii) A photocopy of valid Indenting Registration Certificate issued by Chief Controller of Import & Exports, Govt. of the People’s Republic of Bangladesh. (iii) A photocopy of valid Trade Licence. (iv) A photocopy of valid permission as an indenting house issued by Bangladesh Bank. (v) A photocopy of VAT Certificate. (vi) A photocopy of Upto date TIN Certificate. 6.00 No verbal clarification of offer during the opening of Tender Enquiry and no written clarification of offer after opening of the Tender shall be entertained. 7.00 AMENDMENT TO TENDER DOCUMENTS: 7.01 At any time prior to deadline for submission of bids the purchaser may, for any reason, whether of his own initiative or in response to a clarification requested by a prospective bidder, modify the tender documents by amendments. 7.02 The amendment will be notified in writing or by telex or by cable to all prospective bidders who have purchased the tender documents and the same will be binding on them. 7.03 In order to afford the prospective bidders reasonable time take the amendment into account in preparing bids, the purchaser may at his sole discretion extend the deadline for submission of bids. 8.00 BID LANGUAGE: The bids and all correspondences and documents relating thereto exchange by the bidders and the Purchaser shall be written in English Language, failing or differing which will be liable for rejection of bid. 9.00 BID CURRENCIES: Price is to be quoted in the bidder’s home currency or in any International trading currencies but its equivalent in U.S Dollar must be worked out and indicated. 10.00 BID PRICES: 10.01 Bidders shall quote their firm and final price on CFR (C) Chittagong liner term basis. CFR(C) stands for cost, freight and commission. Freight shall be paid at actual against freight memo but not exceeding the amount shown in the bid. Local Agent’s commission, if any, shall be paid in Bangladesh currency. VAT, TAX etc as per prevailing rates will be deducted from the local agent commission bill. 10.02 FOB price, freight and commission shall be shown separately. The FOB price shall include to cost of sea worthy packing of International Standard and shall be deemed to have included duties, taxes and levies imposed by the Government or its agencies of the exporting country. 10.03 No escalation of price whatsoever shall be entertained during the period of enforceability of the order/contract. 11.00 BID VALIDITY: The bids shall be kept firm and valid for consideration of the buyer for a period of minimum 90 (Ninety) calendar days from the date of bid opening and be extended further on the demand of the purchaser. Contd...... P/3 : 3 : 12.00 TENDER SECURITY/BID BOND: 12.01 Bidders shall submit Tender Security/Bid Bond in favour of Bangladesh Chemical Industries Corporation an amount of US$ 6,000.00 in the form of an unconditional irrevocable Bank Guarantee (specimen enclosed) from any scheduled Bank in Bangladesh and the Bank Guarantee shall remain valid for a period of 120 (One hundred Twenty) calendar days from the date of opening of the tender. The Tender Security/Bid Bond shall guarantee execution of the formal purchase order/ contract and furnishing of a Performance Security/Guarantee by the bidder, if his bid is accepted by the buyer. 12.02 If the successful bidder fails to furnish Performance Security/Guarantee within 10 (Ten) days after receipt of Letter of Acceptance, the Letter of Acceptance so issued shall be deemed withdrawn and Tender Security to be forfeited. 12.03 Those bids which are not accompanied with an acceptable Tender Security, shall be considered as NON-RESPONSIVE and shall be rejected. No bid bond shall be accepted at the time of opening of bids. 13.00 PERFORMANCE SECURITY/GUARANTEE: 13.01 Within 10 (ten) days of receipt of Letter of Acceptance from the Buyer, the successful bidder shall submit a Bank Guarantee from any scheduled Bank in Bangladesh for an amount equivalent of 10% (ten) percent of the total order/contract value in Bangladesh currency or in U.S Dollar. The Bank Guarantee shall be furnished as per proforma enclosed and shall ensure completion of all obligations under the order/ contract. The Bank Guarantee shall be valid for a period of minimum 180(one hundred eighty) calendar days beyond the date of shipment of the goods. 13.02 Failure of the successful bidder to comply with the requirement of furnishing performance Security/ Guarantee as aforesaid shall cause annulment of the award and forfeiture of the Tender Security/Bid Bond. 14.00 DELIVERY SCHEDULE: Shipment of 17.00 M3 Primary Reforming Catalyst is to be made in 1 (One) lot within 45 days from the date of receipt of L/C. 15.00 DRAWING, DATA AND LITERATURE: 15.01 Drawings, data, descriptive literature as required in the specifications must be submitted with the bid and those shall contain sufficient detailed performance information for convenience of proper evaluation of the bid as to soundness, reliability, serviceability and efficiency of the offered goods. Failure of such information to show that the goods offered conform to the specifications, shall cause rejection of the bid. 15.02 If the bidder submit literature prepared especially for the bid and in such literature contains any statement or data inconsistent with the requirement of the tender enquiry, those statement and data will be ignored and shall cause rejection of the bid. 16.00 COUNTRY OF ORIGIN: Country of origin of the goods must be indicated in the bid. Manufacturer’s Certificate from which countries will be submitted alongwith the offer shall be treated as country of origin. 17.00 LATE BID: Any bid received after the deadline for submission of the bids, shall be treated/declared as late tender and shall be rejected and returned unopened to the bidder concerned. 18.00 CLARIFICATION OF BIDS: To assist in the examination, evaluation and comparison of bids, the purchaser may at his sole discretion, ask the bidders for any clarification of their bids. The request for such clarification and the response there to shall be made in writing and no change in the price or substance of the bid be sought, offered or permitted. 19.00 PRELIMINARY EXAMINATION OF BID: 19.01 The purchaser will examine the bids to determine whether they are complete, whether any computational errors have been made whether proper and requisite bid bond has been furnished whether the documents have been properly signed and whether the bids are generally in order. Contd...... P/4 : 4 : 19.02 If there is any discrepancy between the unit price and the total price the unit price shall prevail and the total price shall be corrected accordingly. If the bidder does not accept such correction of the errors, his bid shall be rejected. If there is any discrepancy between the words and the figures, the amount in words shall prevail. 19.03 Prior to detailed evaluation, the purchaser will determine the substantial responsiveness of each bid. For the purpose of evaluation, a substantially responsive bid is one that conform to all terms and conditions as contained in the tender documents without major deviation. The purchaser’s determination of the responsiveness of a bid will be based on the contents of the bid itself without recourse to extrinsic evidence. 19.04 A bid determined as substantially non-responsive shall be rejected by the purchaser and may not subsequently be made responsive by the bidder by correction of the non-conformity. 19.05 The purchaser may waive any minor informality or non-conformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice affect the relative standing order of any bidders. 20.00 EVALUATION AND COMPARISON OF BIDS: For conveniences of evaluation and comparison of bids the purchaser will convert all bid prices expressed in the amount in United States Dollars into Bangladesh currency on the basis of exchange rate (selling rate) published by Bangladesh Bank or its authorised Commercial Bank prevalent on the date of opening of Commercial Proposal. 21.00 ASSESSMENT OF BID: The assessment of bids shall be made on the basis of tender terms, CFR/CFR(C) price to be converted into Bangladesh currency as per official rate of exchanges (selling rate) prevalent on the date of opening of Tender, technical specifications, nature and mode of packing, shipment schedule and any other points advantageous to the purchaser. 22.00 AWARD OF ORDER/CONTRACT: The purchaser will award the order/contract to that successful bidder whose bid has been considered to be substantially responsive and has been determined as the lowest evaluated bid. 23.00 SOURCE OF FUND: The purchase against this tender enquiry will be financed under Cash Foreign Exchange. 24.00 PURCHASER’S RIGHT TO ACCEPT OR TO REJECT BIDS: The purchaser reserves the right to accept or to reject any or all bids and to annul the bidding process at any time prior to award of order/contract without assigning any reasons thereof. 25.00 PURCHASER’S RIGHT TO INCREASE OR DECREASE QUANTITY OF GOODS:

The purchaser shall reserve the right at the time of awarding order/contract to increase or to decrease quantity of goods without any change in price or any other terms and conditions and it shall be binding on the supplier/contractor to accept the order/contract for the increased or decreased quantity at the originally quoted unit price. 26.00 SPECIAL CONDITIONS: 26.01 No conditional bid shall be accepted. 26.02 No claim on the ground of typographical error or errors in arithmetical calculations shall be entertained after opening of the Tender and in such case, the bidder shall be bound to supply the goods at their originally quoted prices. 26.03 Any addition or alteration to the specifications, prices or any other terms of the bids after opening of Tender shall not only be ignored but shall also cause rejection of the bids. 26.04 Third party Bill of Lading on liner term shall not be acceptable. 26.5 Bids submitted on behalf of the country with whom Bangladesh does not have any diplomatic relation shall not be accepted. 26.6 Bids shall be signed by a person who has an authority to enter into a contract with the purchaser. If it is detected after wards that the person signing the bid or documents forming part of the contract had no authority to do so, the purchaser may without prejudice and other civil and criminal remedies cancel the contract, forfeit the performance security/ guarantee and hold the signatory liable for all costs and damages. Contd...... P/5

: 5 : 26.07 The tender will be conducted as per PPA’2006 & PPR’2008. 26.08 Schedule of price and specifications duly completed, signed and sealed shall form an integral part of the bids. 26.09 The Purchaser reserves the right to accept or reject all tenders of any time without assigning any reasons. 26.10 The bidder must indicate nature and mode of packing and definite date of shipment. Expressions like ‘as per tender specifications’ STANDARD EXPORT PACKING “SHIPMENT AS DESIRED” shall not be acceptable and may make the bid liable to disqualification. 26.11 General Condition of the foreign purchase order/contract for BCIC enclosed herewith which shall form an integral part of this Tender Enquiry. The conditions stipulated in the list of ‘GENERAL CONDITION’ shall be applicable where in conformity with the terms and conditions of the tender enquiry and the fund mentioned therein. 26.12 Submission of Bids shall mean acceptance of all Terms and Conditions laid down in the Tender Enquiry as well as in the General Conditions of Foreign Purchase Order/Contract for BCIC unless expressly stated to the contrary by the bidders in the bids. 26.13 The tenderer shall mandatorily submit the copy of Analytical Report (Physical Properties & Chemical Composition) and Packing Quality Report of suppliable Chemical alongwith the Manufacturer’s Certificate before shipment of the consignment to the buyer. 26.14 BCIC may cancel the Purchase Order/Contract any time for its own convenience.

27.00 CAUSES OF REJECTION OF BIDS : The bids will be rejected for the following reasons/lapses:- i (i) If the schedule of price and specification is not enclosed with the bid duly filled in, signed and sealed. (ii) If the Pro-forma Invoice in original showing FOB Price, Freight and Commission, if any separately as well as manufacturer’s certificate as mentioned herewith before is not submitted alongwith the bid. (iii) If Tender Security/Bid Bond in proper form and in proper amount is not submitted with the bids. (iv) If the amount and validity of the Tender Security/Bid Bond do not conform to the requirements of the Tender Enquiry. (v) If the bidders make any addition or alternation to prices, specifications and any other terms and conditions of their bid after opening of tender. (vi) If each and every page of the Tender Documents including the General conditions of order/ contract for BCIC is not signed and sealed by the bidders as a confirmation of their acceptance of the Tender terms. (vii) If the bid is made on behalf of a country with whom Bangladesh does not have any diplomatic relationship. (viii) If the official Money Receipt in original evidencing purchase of Tender Documents is not furnished with the bids. (ix) If the documents are not furnished with the bid as per clause 5.00 of this Tender Enquiry. (x) If the Manufacturer original Certificate is not submitted alongwith the bid.

Yours faithfully

(Md. Shaiful Alam) Manager (Commercial), For In-charge, Purchase Division. BANGLADESH CHEMICAL INDUSTRIES CORPORATION PURCHASE DIVISION (12 TH FLOOR ) BCIC BHABAN, 30-31 DILKUSHA C/A, DHAKA.

Tender Enquiry No. PUR-3.2740/2016-2017 dated 29-08-2016 Due for submission at 11.00 A M on 18-10-2016.

Item Name of Materials with Unit Quantity Net FOB Freight Commission per M3 CFR(C) Price Total CFR(C) Remarks No. Complete Specification price per per M3 (in amount & along per M3 value M3 with %)

1. Primary Reforming Catalyst M3 17.00 Specification as per attached sheet (Annexure-‘A’)

...... Tender quotation : ...... Signature with name, address and dated ...... official seal of the tenderer...... Telephone...... Annexure-‘A’ BANGLADESH CHEMICAL INDUSTRIES CORPORATION PURCHASE DIVISION (12 TH FLOOR ) BCIC BHABAN, 30-31 DILKUSHA C/A, DHAKA . Detailed specification and process condition of Primary Reforming Catalyst.

Offer must be in clear term against each and every Specification and special clauses of the specification sheets. Deviation of the instruction stated as under shall be liable for cancellation of the offers straight way. Quantity to be procured : 17.00 (Eight) M3 Bidder should quote Specification as per their Buyer’s Specification : manufacturer’s specification sheet to be submitted alongwith the offer. 1. Type : Primary Reforming Catalyst. 2. Main Component of Catalyst : Nickel Oxide. 3. Brand Name : Bidder to quote. 4. Physical Properties: a) Size (mm) : Outer Diameter Inner Diameter Height 13 - 17 3 - 8 7 - 10 b) Form : Bidder must indicate. c) Bulk Density (MT/M3) : 0.85 to 1.40 d) Nickel Surface Area (M2/g) : Bidder must indicate. e) Percentage of Nickel dispersion : 90 - 100% f) Pore Volume (cc/g) : Bidder must indicate. g) Radial Crush Strength (Kg/Cm2) : (i) Oxidized state (ii) Reduced State Bidder must indicate. 5. Catalyst Composition : a) Ni : 12 to 20 (wt%) b) CaO : Bidder must specify. c) MgO : Bidder must specify.

d) Al2O3 : Balance. e) SiO2 : 1000 PPM (Max) f) S : 500 PPM (Max) g) Na : 500 PPM (Max) Contd...... P/2 Page-2

Bidder should quote Specification as per their manufacturer’s Buyer’s Specification: specification sheet to be submitted alongwith the offer. 6. Operating Parameters: a) Inlet Pressure (Kg/cm2G) : 37 (Max) b) Outlet Temperature ( oC) : 580 to 820 c) Methane approach to equilibrium : Bidder must indicate. d) Heat Flux of Primary Reformer : > 28,000 BTU/Ft2/Hr e) Space Velocity (dry Gas) : 7000 (Max) NM3/M3/Hr f) Steam/Carbon Ratio : 3.3 (Min) and 4.0 (Max) g) Pressure Drop (Kg/Cm2G) : 2.3 to 2.7 7. Process Gas Analysis (Vol%): Inlet Outlet

CH4 : 97.0 (Max) Start of Run (SOR) : 7.9 (Max) End of Run (EOR) : 9.5 (Max) 8. Special Conditions : Bidder must specify and furnish the following information in their offer for the offered type of Catalyst. (i) Full Physical and Chemical Properties of the offered Catalyst as per clause no. (4) & (5). (ii) In support of typical physical & Chemical properties of the offered brand necessary printed technical Bulletin/Booklets covering product specifications and operating procedure of recent publication should be provided. Bidder shall also provide necessary documents to the purchaser for loading, unloading, preservation and reduction procedure of the Catalyst. (iii) Guaranteed life of Catalyst based on normal ups and downs of operation of the factory: Minimum 2 years. If the performance of Catalyst fails during guaranteed period of 2 years warranty clause will be immediately imposed on the Manufacturers/ Suppliers. (iv) Bidder must quote minimum expected life of Catalyst based on normal ups and downs of operation of the factory.

(v) Guaranteed CH4 leakage at the outlet of Primary Reformer after 2 years of guaranteed life and expected CH4 leakage at the outlet after EOR of operation be indicated. Contd...... P/3 Page-3 Bidder should quote Specification as per their manufacturer’s Buyer’s Specification : specification sheet to be submitted alongwith the offer. (vi) List of overseas clients with full address, including E-mail and Fax No. who are using their Catalyst for more than 2 years in a single train ammonia plant of capacity 800 or more MTD based on natural gas as feed stock indicating operating condition and date of use etc. (vii) (a) All bidders must submit successful performance/proven certificates for the offered Brand specifying the product No. of Catalyst considering effective running days for minimum 2 (two) years at least from 2 (two) users other than the Manufacturing country in a single train ammonia plant of capacity 800 MTD or more based on natural gas as feed stock indicating operating condition and date with period of use and full address including E-mail and Fax no. (b) Bidders need not submit the Performance certificates for their brands of Catalyst already in use or previously used successfully by BCIC; but they must submit the certificates for different origin and new offered brand. (viii) Nearest specification of Catalyst suiting our purpose may be acceptable. (ix) The bidder has to agree to intermix their offered Catalyst upto 30% with that of previously procured Catalyst from reputed Manufacturers like M/S. CCIFE, JAPAN, M/S. ICI KATALCO, ENGLAND, M/S. HALDOR TOPSOE A/S. DENMARK, M/S. BASF AG, GERMANY, M/S. DYCAT INTERNATIONAL, ENGLAND, M/S. SICHUAN CHEMICAL COMPANY LIMITED, CHINA AND M/S. BASF CATALYST (NANJING) CO. LTD., CHINA, M/S. GTW ENVIRONMENT PTE LTD., CHINA AND M/S. GANSU TIANLANG CHEMICAL TECHNOLOGY CO. LTD., CHINA maintaining same status of guarantee as per clause No. 8iii, 8iv & 8v. Manufacturer Catalyst in Stock Brand Quantity (M3) 1. M/S. Gansu Tianlang Chemical JZ-115 9.0 Technology Co. Ltd., China 2. Sichuan Chemical Company Ltd, Z112 - HA 7.80 China 3. BASF Catalyst (Nanjing) Co. Ltd., SG – 9301 4.722 China 4. GTW Environment Pte L:td., China Z-423 21.0 Contd...... P/4 Page-4

Bidder should quote Specification as per their manufacturer’s Buyer’s Specification : specification sheet to be submitted alongwith the offer. (x) Offered Brand of Catalyst must conform to the tender Specification and special condition. (xi) Alternative offers if any conforming to the tendered specification and conditions may be considered. (xii) The catalyst shall have to be delivered in hermetically sealed polythene lined circumferentially ribbed (at least two numbers) weather coating painted steel drum of capacity (110 – 208) + 10% liter and thickness 1.5 – 2.0 mm which will be trust worthy for long time storage (minimum 6 years) with a view to have negligible impairment of catalyst activity. Catalyst packing so specified must be suitable to withstand multiple loading and off loading and worthy for sea transportation. (xiii) Bidder shall have to mention “after sales Technical Service” to be rendered at their own cost during the expected life time of offered Catalyst. (xiv) Warranty: In the event that the guarantees given are not met the supplier shall: (a) Immediately replace the ordered quantity of Catalyst free of cost at original purchase condition and be delivered at site. AND (b) Pay total purchase cost of ordered quantity of Catalyst as penalty.

Bidder Signature & Seal. SPECIMEN OF TENDER SECURITY/BID BOND

ADDRESS OF GUARANTOR------

To Bangladesh Chemical Industries Corporation.

Dear Sirs,

You having proposed to participate in the Tender no. PUR-3.2740/2016-2017 dated 29-08-2016 by------

(hereinafter referred to as supplier) for supply of ------and stipulating the furnishing of a Bank Guarantee for payment to you by us on account of the supplier an amount of US$ 6,000.00 (Six Thousand) only we hereby agree:-

1. To make an unconditional payment ------

------to you within maximum 24 (twenty four) hours on demand without any further question and without any reference to the supplier.

2. To keep this guarantee in force till ------as desired by you as per clause no.12 of the tender enquiry.

3. To extend the period of enforceability of this guarantee if such extension be necessary desired of us by you on or before the date of termination.

MONOGRAM OF THE BANK.

Signature ------

Dated :------

Seal of the Officer Authorised to sign on behalf of the Bank. SPECIMEN OF PERFORMANCE SECURITY

ADDRESS OF GUARANTOR :------

TO BANGLADESH CHEMICAL INDUSTRIES CORPORATION

Dear Sirs,

You having proposed to enter into a contract with M/S------(hereinafter referred to as supplier) for supply of ------and stipulating the furnishing of a Bank Guarantee for payment to you by us on account of the supplier an amount of 10% of the total CFR (C) Chittagong value of the contract, we hereby agree:-

1. To make an unconditional payment of ------to you within maximum 24 (twenty four) hours on demand without any further question and without any reference to the supplier.

2. To keep this Guarantee in force till the date of the due completion of the contract under reference and final adjustment of accounts or till ------whichever date is earlier.

3. To extend the period of enforceability of the Guarantee if such extension be necessary and desired of us by you on or before the date of termination.

MONOGRAM OF THE BANK.

Signature ------

Dated :------

Seal of the Officer Authorised to sign on behalf of the Bank.

GENERAL CONDITIONS OF FOREIGN PURCHASE ORDER/CONTRACT FOR BCIC.

1.00 RESPONSIBILITY FOR EXECUTION OF ORDER/CONTRACT: The Supplier/Contractor shall be entirely responsible for successful execution of the Order/Contract in all respects in accordance with the terms and conditions of specified therein. If the goods inspected and approved by the Inspector, when received at ultimate destination are found defective or not in conformity with the specifications or to have deteriorated as a result of improper packing or for some other reasons which could not have been detected at the time of first inspection, the Purchaser shall have the right to carryout a second time inspection through an independent Inspection Agency within 45(forty five) days of the receipt of goods by the ultimate consignee. The findings of the independent inspection Agency shall be binding on the supplier/contractor and if on second time inspection, the goods are found to be of substandard quality or not conforming to technical specifications, the purchaser may, in addition to recovery of the inspection charges from the supplier/contractor, exercise any of the following options and the supplier/contractor shall be bound to comply with the decision:- 1.1 To ask the supplier/contractor to replace the rejected goods with acceptable one set of ultimate destination at his risk and cost with or without reserving the right for liquidated damages. 1.2 To cancel the order/contract and make risk-purchase or identical or equivalent goods where in the opinion of the Purchaser the original goods are not readily procurable. The additional cost incurred, if any due to such risk-purchase, shall be recovered from the defaulting supplier/contractor but they will not be entitled to any gain on risk-purchase. Besides the additional cost as referred to above, the purchaser shall have the right to claim actual loss sustained due to cancellation of order/contract. 2.00 PERFORMANCE SECURITY/ PERFORMANCE GUARANTEE: 2.1 The Performance Security/Guarantee furnish by the suppliers/manufacturers shall be forfeited in case they fail to fulfill their obligations in terms of the order/contract. 2.2. If the forfeiture of the Performance Security/Guarantee does not compensate in full the actual loss suffered due to non-execution or breach of contract in terms thereof, the purchase shall have the right to recover the loss from any other Performance Security/Guarantee furnished by the supplier/contractor in favour of any other Enterprise /Project of BCIC or from any bills lying with any enterprise/Project on account of supplier/contractor or in any other manner as deem fit. 3.00 INSPECTION AND TEST: The Purchasing Agency shall have the right to arrange comprehensive inspection of the goods in respect of quality, quantity, packing, marking etc. by any of the Inspection Agent or their accredited representative prior to shipment subject to the following conditions:- 3.1 The supplier/contractor or their principals shall accord necessary facilities to the Inspector or their accredited representative to carryout proper inspection of the goods. 3.2 In case the supplier/contractor or their Principals/Manufacturer fails to extend necessary facilities to the Inspector or their authorised representatives to perform inspection and test, the cost incurred for arranging such facilities for the purpose of inspection and test shall be recovered from the supplier/contractor or their principals. 3.3 If the supplier/contractor or their Principals/Manufacturer officially calls the inspector for inspection of goods and if, after arrival of the authorised representative of the Inspector, fails to place the goods for inspection, the fruitless journey performed by the Inspector shall be considered as an intervention and in such event the supplier/contractor or their Principals/Manufacturer shall be liable to pay to the Inspector the cost incurred by them for such journey. 3.4 The fees of the Inspector or their accredited representative shall be payable by the supplier/ contractor or their principals/manufacturer in case of rejection of goods above 20% (twenty percent) and multiple intervention for stores falling below the minimum value of US$ 12,500.00 (twelve thousand five hundred) only. 3.5 If any supplier/contractor or their Principals/Manufacturer fails to settle the Inspectors claim, the same shall be settled by the Purchaser out of the amount of letter of credit or their Performance Security/ Guarantee. 4.00 WARRANTY (APPLICABLE FOR MACHINERY AND EQUIPMENT): 4.1 The Supplier/Contractor or their Principals/Manufacturer shall warrant that the goods will be new and of best quality workmanship, shall have no defect in design or in manufacture, shall meet the requirements of specifications and shall be in all respects suited to the purposes intended for. The warranty shall be for a period of one year from the date of final acceptance of the goods or for period of 18(eighteen) months from the date of shipment. Cont’d...... P/2 Page – 2

4.2 The Supplier/Contractor or their Principals/Manufacturer shall remedy to the purchaser free of cost all defects in design, materials workmanship which may develop under normal use and which have been called to the attention of the Supplier/Contractor or their Principals/Manufacturer before expiry of the warranty period.

5.00 PACKING AND MARKING: 5.01 The supplier/contractor or their Principals/Manufacturer shall provide such packing for the goods as is required to prevent the goods from damage or deterioration during transit to final destination. The packing shall be strong enough to withstand, without limitation, rough handling and exposure to rain and extreme temperature during transit and open storage. 5.2.1 The packing, marking and documentation within and outside the packages/cases shall comply strictly with such special requirements as will be expressly provided for in the order/contract and in any subsequent instructions given by the purchaser. 5.3 Each package/case shall have the following information distinctly printed in block letter on its outside. 5.3.1 Final destination. 5.3.2 Name of the consignee. 5.3.3 Letter of Credit No. 5.3.4 Short description of goods. 5.3.5 Gross weight and net weight. 5.3.6 Volume measurement of package/cases. 5.3.7 Name and address of the seller.

6.00 SHIPPING INSTRUCTIONS: 6.01 Shipment of goods shall not be effected on vessels of any country with whom Bangladesh does not have any diplomatic relations. 6.02 Shipment of goods shall be made on vessels of Conference Line. If conference Line fails to provide shipping space, a certificate from the concerned Conference Line office shall be provided by the Supplier/Contractor on the Shipper to the effect that conference Line Vessels are not available for shipment of goods. If any port of shipment is not covered by Conference Line, the goods shall be shipped on regular liner vessel. In all cases, preference shall, however, be given to Bangladesh Flag Vessel when such vessels are available at the time of shipment. 7.00 INSURANCE: 7.01 The Purchaser will obtained a foreign currency open cover note under Marine Insurance Policy, which shall be such as to allow complete replacement of any article lost or damaged. The Insurance Policy will be obtained by the Purchaser upon receipt of express cable/telex advice of shipment of goods, which the suppliers/contractors or their Principals will send within a day of loading for shipment followed by a confirmation copy by registered post.

7.02 In addition to the cable/fax advice the Suppliers/Contractors or their Principals shall furnish a declaration of shipment containing full Particulars of the consignments including the No. of packages/ cases, name of the vessel, sailing date, port of shipment, Bill of Lading No. and date, order/contract No. L/C No. and value of the goods to the Purchaser so as to reach him positively within 14 (fourteen) days from the date of shipment. 8.00 SHIPPING DOCUMENTS: 8.1 Advice of shipment shall be sent by cable/fax/telex to. 8.1.1 The Purchaser. 8.1.2 The nominated insurance company. 8.2 Advice of shipment shall contain the following information:- 8.2.1 Contract no. and date. 8,2,2 Description of goods and C&F value. 8.2.3. Quantity of goods shipped. 8.2.4 Name of the vessel and its sailing date. 8.2.5 Bill of Lading No. and date. 8.2.6 Port of Loading and port of destination. 8.2.7 Expected time of arrival or the ship at the port of destination. 8.2.8 Whether part shipment of full shipment made. Cont’d...... P/3 Page – 3 8.3 Immediately after shipment of goods the suppliers/contractors or their Principals shall send the following documents by Air Mail directly to the Purchaser with a copy to the insurance Company. 8.3.1 9(nine) copies of Invoice indicating unit and total price of the delivered goods. 8.3.2 3(three) copies of negotiable clean shipped on Board Bill of Lading marked freight pre- paid and 6(six) copies of non - negotiable Bill of Lading. 8.3.3 9(nine) copies of packing list identifying contents of each case or package. 8.3.4 Certificate of country of origin. 8.3.5 Beneficiary’s shipment intimation to the Purchaser and also to the Insurance Company for covering insurance of the consignment. 8.3.6 Manufacturer’s guarantee certificates as to quality of the goods shipped. 8.3.7 Clean inspection certificate issued by the Inspection Agency. 8.3.8 Freight Memo. 9.00 LATE DELIVERY & LIQUIDATED DAMAGES : 9.01 Delivery goods in time is the essence of purchase order/contract and therefore, the suppliers/ contractors or their principals shall delivery the goods not later than the time specified in the order/contract, if delivery is not made within the stipulated period, the absence of force majeure there shall be deducted from the order/contract price as liquiated damage and not as penalty at sum equivalent to ½% (half percent) of the price for each calender week of delay or part thereof upto 3(three) months & ¼% (quarter percent) per week or part thereof for the period beyond 3(three) months for the undelivered goods. In case where the undelivered goods held up use of other goods, liquidated damages shall be recovered of the total value of the order/contract. 9.02 Delay in excess of 100(one hundred) calendar days may cause termination of order/contract and forfeiture of the performance security/guarantee. 10.00 TERMS OF PAYMENT: 10.01 Payment will be made preferably in quoted currency of the successful bidder. However, if in any case, restriction is found in opening L/C in quoted currency due to any specific origin of supply, in that case, payment will be made in equivalent Bangladesh currency in Bangladesh to the supplier or his nominee. 10.02. 100% payment will be made after successfully completion of Post Landing Inspection (PLI) against L/C on production of the following documents:- 10.1.1 Detailed Invoice signed in ink 2 (two) copies. 10.1.2 Clean shipped on Board B/L 2(two) copies 10.1.3 Packing list 2(two) copies 10.1.4 Inspection Certificate 2(two) copies. 10.1.5 Certificate of Origin issued by authorized Govt. Organization/Respective Authority of the Country of Origin. 2(two) copies. 10.1.6 Manufacturer's Certificate issued by the manufacturer himself to the effect that the supplied goods strictly conforms the quality and quantity as specified in the related Purchase contract. 2(two) copies) 10.1.7 Guarantee Certificate as to the quality of material 2(two) copies. 10.1.8 Undertaking Certificate 2(two) copies. 10.1.9 Freight Memo 2(two) copies) 10.1.10 Post Landing Inspection (PLI) Certificate to be submitted at L/C opening bank by the buyer 1 (one) copy.

10.2 Local Agent’s Commission will be paid in non-convertible Bangladesh Taka as per exchange rate (selling rate) revalent on the date of shipment on the basis of copy of clean shipping documents. 10.03 POST LANDING INSPECTION : On arrival of the ship at discharge port (Chittagong), Catalyst shall again be tested jointly by BCIC’s appointed Inspection Agent in presence of representatives of the purchaser and Supplier’s to determine the quantity, quality & packing of the Catalyst (as per facilities). PLI may be carried out at buyer’s premisess or any other suitable place (as desired by buyer) and payment will be made after successfully completion of Post Landing Inspection (PLI). 10.04 BCIC will establish an irrevocable without recourse, non-transferable and non-divisible letter of credit for making payment. The letter of credit shall be fully operative from the date of opening & must ensure payment and can not be termed as non-operative on any ground/plea. Further if any amendment(s) of L/C is requested directly to BCIC in writing by the supplier/beneficiary at their cost, BCIC reserves full right whether such amendment(s) of L/C shall be done or not and on such plea the L/C can not be termed as non-operative by the supplier/beneficiary. Cont’d...... P/4 Page – 4 11.00 BANK CHARGES: 11.01 Bank charges in Bangladesh opening of letter of credit against an order/contract will be borne by the Purchaser. 11.02 Bank charges for withdrawal of payment against letter of credit shall be borne by the beneficiary. 11.3 If the supplier/contractor or their Principals desires to have full text of letter of credit by cable or by telex, such cable/telex charges shall be borne by the beneficiary. 12.00 DUTIES AND TAXES: The Supplier/Contractor of their Principals shall be entirely responsible for payment of all taxes, customs duty, License fees and other such levies as and when imposed outside the country of the Purchaser. 13.00 CONTRACT/ AMENDMENT: No variation in modification of the terms of the order/contract shall be made except by written amendment agreed and signed by the parties. 14.00 ASSIGNMENT: The Supplier/Contractor or their Principals shall not assign in whole or in part their obligations to perform under the order/contract without prior written consent of the Purchaser. 15.00 LUBRICANTS (APPLICABLE FOR MACHINERY AND EQUIPMENT): All goods as and where necessary shall be delivered fully as unbled, ludricated greased and ready for operation, trial runs of the assembled/goods will be made prior to acceptance. 16.00 OPERATION AND MAINTENANCE MANUAL: The detailed operation and maintenance manual prepared in English Language shall be supplied alongwith the goods. 17.00 TROPICAL SERVICEABILITY: All goods shall be suitable (as and where necessary be treated and processed) for delivery, stores and use under tropical conditions of high temperature, high humidity mild dew and fungus conductive environment. 18.00 PATENT RIGHT: The Supplier/Contractor or their Principals shall indemnify the Purchaser against all third party claims of infringement of patent, trade mark or industrial design rights arising from use of the goods in the Purchaser’s country. 19.00 APPLICABLE LAW: The order/contract shall be interpreted in accordance with the laws of the Purchaser’s country. 20.00 DEFAULT: 20.01 If the supplier/contractor or their Principals fails to make delivery within the time specified or any extension thereof, the Purchaser (without prejudice of other rights of the Purchaser sulting from breach of the contract terms) may serve written notice to the Supplier/Contractor asking them not to proceed with any or all of the remaining parts of the order/contract. 20.02 Breach of contract by the supplier/contractor shall automatically result in the unconditional forfeiture of their Performance Security/Guarantee and in addition, the Purchaser shall reserve the right to purchase from other sources any or all undelivered goods and to recover any excess cost therefor from the supplier/ contractor. 21.00 SUSPENSION OR TERMINATION OF DELIVERY: 21.01 The purchaser may, by written notices to the supplier/contractor, terminate or suspend in whole or in part, delivery of the goods whenever the purchaser will determine that such action is in the best interest of the Purchaser. 22.00 GUARANTEE CERTIFICATE: The supplier/contractor or their Principals shall furnish a guarantee certificate to the effect that the goods exactly conform to the specifications laid down in the purchase order/contract and that in the event of the materials being found defective or not conforming to the specifications governing the supply, the supplier/contractor shall be hold responsible for all losses and consequences and that the unacceptable goods will be replaced by acceptable ones by the supplier/contractor free of charge if called upon to do so. Such certificate shall form an integral part of the shipping documents required to be produced to the Bank for drawal of payment against letter of credit. Cont’d...... P/5 Page - 5

23.00 UNDERTAKING: The supplier/contractor or their principals shall give a written undertaking to the effect that they have dispatched the goods strictly in conformity with the quality and quantity specified in the purchase order/contract and that they shall replace the defective materials and replenish the short-supplied quantity free of charge on demand by the Purchaser. Such certificate shall form an integral part of the shipping documents required to be produced to the shipping documents required to be produced to the Bank for drawal of payment against letter of credit. 24.00 DEMURRAGE: After arrival of the goods at the port of destination if Customs Clearance cannot be arranged in time owing to late receipt of negotiable/non-negotiable shipping documents or owing to incorrect / incomplete documents or due to any other fault of the supplier/contractor and if any demurrage is paid for delay in clearance, the supplier/contractor shall be solely responsible and the demurrage so paid shall be realized from the supplier’s /contractor’s bill or their Performance Security/Guarantee or in any other manner the Purchaser deems fit. 25.00 FORCE MAJEURE: 25.01 The Supplier/Contractor shall not be charged nor shall his performance Security/Guarantee be forfeited when failure in making delivery is due to and even which interfered with the performance and which was beyond the control of the Supplier/Contractor and could not have been foreseen, prevented or avoided.

25.02 If at any time during the enforceability of the order/contract either party is unable to perform in whole or in part any obligations under the order/contract because of war , hostility, military operation of any character, Civil commotions, sabotage, quarantine restrictions, act of God, and act of Government (including but not restricted to prohibition of export or import) fire, flood, explosion or other accidents, epidemics strike or labour trouble, embargo and delay incurred by the supplier’s/contractor’s sub-supplier or sub-contractor due to such causes, the date of fulfillment of engagement shall be postponed during the time when such circumstances are operative. Any waiver/extension of time in respect of delivery of any part of the goods shall not be deemed to be a waiver/extension of time in respect of the remaining deliveries. If operation of such circumstances exceeds 3(three) months, each party shall have the right to refuse further performance of the contract in which case neither party shall have the right to claim eventual damages.

25.03 If a Force Majeure situation arises, the Supplier/contractor shall promptly notify the Purchaser in writing of such conditions and the cause thereof. Unless otherwise directed by the Purchaser in writing, the supplier/contractor shall continue to perform his obligations under the contract as far as performance not prevented by the force majeure event. 26.00 ARBITRATION: 26.01 The Purchaser and the Supplier/Contractor shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Order/Contract. 26.02 If the Purchaser and the Supplier/Contractor have not been able to resolve the order/contract dispute amicably through direct negotiation, the dispute may be referred to the award of a sole arbitration to be agreed by the parties, failing which the same shall be referred to arbitration by 2(two) arbitrators one to be nominated by the purchaser and the other by the Supplier/Contractor or in the case of the said arbitrators not agreeing them to the award of an umpire to be appointed by the decision of the sole arbitrator or of the arbitrators or in the event of their not agreeing with the reference and the decision of the sole arbitrator or of the arbitrators in the event of their not agreeing with the umpire maintained by them as the case may be, shall be final and binding on the parties and the provisions of arbitration act 2001 and rules thereunder and any statutory modification thereof shall be deemed to apply to the said arbitration. = 0 =