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 overpasses etc. The said works are carried out by local and international contractors having a high level of expertise in general. Depending on the nature of the project, sector & parties involved, mode of procurement can be very different.
Generally, as per the policy and guideline of the Public Private Partnership Authority (PPPA) and other procurement rules & regulations, procurement can be classified as follows: G2G partnership for PPP; PPP projects and Non-PPP projects.
Depending on the “principal approval” of ERD, the concurrence of concerned law ministry & ”principal approval” of PPPA a project can be G2G implemented PPP project (solicited/unsolicited) or only PPP project (solicited/unsolicited). The bidding process for the solicited project (whether for PPP or non-PPP) may also vary depending on the approval.
Participating in bid complying timetables & also preparing documents as per instruction of tender documents, preparing an unsolicited proposal, etc. is a very challenging work both for national & international bidders. Relevant law comes into play when it comes to bidding/submitting proposal, e.g., Policy for Implementing PPP Projects through Government to Government (G2G) Partnership, 2017, Procurement Guidelines for PPP Projects, 2016, Guidelines for Unsolicited Proposals, 2016, Public Procurement Act 2006, Public Procurement Rules, etc., and hence requires legal support.
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.
Mr. Mohammed Forrukh Rahman has been ranked (Band II) for Corporate & Finance.
– Chambers & Partners, 2019
“Their response times are excellent and they make you feel generally very well informed.”
– Chambers and Partners 2018
The Chambers has long experience of assisting both public sector & private sector in procurement related matters. 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:
- Advised DPDC on several procurement projects involving installation of a substation for a distribution network in Dhaka.
- Advising Power Cell in the entire procurement process for BPDB for a rental power project.
- Advising power cell in the procurement process of small IPP.
- Provided Legal advice to Power Division capable in framing the very first guideline on Public-Private Partnership in 2008.
- Advised a Malaysian bidder in the tender bidding process for 450 MW Power Project.
- Advised a Chinese contractor in selecting subcontract following procurement rules in Energy Sector.
- Provided legal assistance by filing an 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 & advising on suitable procurement option.
- Providing legal assistance with pre-bid meeting
- Preparation of bidding documents having legal consequences
- Vetting unsolicited proposal.
- Vetting solicited bid proposal.
- Vetting of standard contracts under a tender
- Participation as a legal representative in the tender process e.g. 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 Petitions before the Hon’ble Courts on an urgent basis for tender matters.
- Post-bid legal compliances for successful tenderer
- Post bidding approval and consents related services for the successful bidder.