Procurement, Bidding & Government Contracts
In recent years there has been increasing amount of public spending on infrastructure & development projects like building new roads, highways, power plants, bridges & flyovers, land and sea ports, rail links, multipurpose over passes etc. The said works are carried out by local and international contractors having high level of expertise in general. The funding is normally made available through budgetary allocations every year & also with different arrangements for e.g. funding from donor countries, low interest loans from World Bank, ADB, Public Private Partnership arrangements etc.
Most of such infrastructural & development work is commenced by the floating of international tenders by the concerned Government Authority directly or by short listing. However, participating in bid complying timetables & also preparing documents as per instruction of tender documents is a very challenging work both for national & international bidders. Generally, tender & bidding is subject to Public Procurement Act 2006 & Public Procurement Rules. However, in order to safeguard its statutory rights, legal due diligence before participating in tender process is very important.
Legal services are often required for negotiation of contractual terms and also in taking timely steps and filing complain or other lawful recourse while evaluation is taking place in a highly competitive environment. In individual capacity Mr. Md. Forrukh Rahman & also legal consultancy & documentation team has vast experience of providing legal support at different stages of tender both procurement authorities also to local & international bidder.
Mr. Mohammed Forrukh Rahman has been ranked for “Corporate and Finance”
– Chambers and Partners 2017
“Their response times are excellent and they make you feel generally very well informed.”
– Chambers and Partners 2018
– Legal 500, 2018
Mr. Md. Forrukh Rahman was a legal consultant for Power Cell Division, Ministry of Power Energy & Mineral Resources of Bangladesh from 2007-2008 for one and half year. He advised procurement authority on selection of different procurement method, vetted tender documents from legal perspective and also participated as a legal consultant in pre-bid meeting, technical evaluation meeting in several procurement projects. He also had the opportunity to advice on legality of several bid document submitted by bidder in different projects.
Our legal consultancy & documentation team, on the other hand, assisted local & foreign bidders in conducting due diligence before participation of different tender by submitting bid. Our involvement was found crucial by the bidders’ particularly in pre-bid meeting & also in challenging any selection made in violation of procurement laws. We also advised contractor in complying procurement rules & regulations in selecting sub-contractor.
Our related experiences are as follows:
Advising Power Cell in the entire procurement process for BPDB for rental power project.
Advising power cell in procurement process of small IPP.
Provided Legal advise to Power Division capable in framing the very first guideline on Public Private Partnership in 2008.
Advised a Malaysian bidder in tender bidding process for 450 MW Power Project.
Advised a Chinese contractor in selecting sub contract following procurement rules in Energy Sector.
Provided legal assistance by filing appeal before Central Procurement Technical Unit (CPTU) for Sonali Polaris F.T. Ltd. in a major IT procurement matter.
Our services include
- Pre bidding legal due diligence
- Providing legal assistance with pre bid meeting
- Preparation of bidding documents having legal consequences
- Vetting of standard contracts under tender
- Participation as a legal representative in the tender process eg. Meeting of evaluation committees.
- Negotiation covering legal aspects
- Legal consultancy on piecemeal or contractual basis for entire tender process
- Drafting letter of complaints, filing to different authorities
- Filing Writ Petition before the Hon’ble Courts on urgent basis on tender matters.
- Post bid legal compliances for successful tenderer
- Post bidding approval and consents related services for successful bidder