Document - BTCl

_)J> -17.7 Anoffer, determined as substantially non-responsive will be rejected by BTCL' BTCL maywaive any minor infirmity or non-conformity or irrigularity in an offer, which doesn't constitute amaterial deviation, provided such waiver, doesn't piejudice or affect the relative ranking of anybidder.17.g The total price of the Ip bandwidth service shall be calculated by adding price for backhaulconnection (table[A] form A.2) plus price for IP port(table [B] form A.2).17.9 Financial offers of only responsive bids will be evaluated for selection of the successful bidder'For each lot financial comparison of the responsive bids will be based on the total charges (one timecharges, rental charges, any other charges) BTCL shall have to pay for the whole one yearcontracted period. For any lot, if any of-tne bidders offers JAC (Jointly Assigned Capacity) thenBTCL will consider its own cost involvement for SMW4 wet segment capacrty to determinesuccessful bidder of that lot.lT1lAn affirmative determination shall be a prerequisite for award of the Contracto the bidder' Anegative determination shall result in rejection of itt. giaAer's offer, in which event BTCL shallprJceed to the next lowest evaluated UiOd.r to make a similar determination of that bidder'scapabilities to perform satisfactorily. In this process the "successful Bidder" will be selected' If the,,successful Bidder" denies to provide the riquired capacity after awarding work order or fails toprovide the service within the stipulated time as mentioned in clause 14 of this document, BTCLmay cancel the work order and choose the next lowest bidder.lT.IZBTCL reserves the right to accept any bid, to annul the bidding process, or to reject any or allbids, at any time prior to contract award, without thereby incurring any liability to thc affectedbidders, or any obligation to inform bidders of the grounds for BTCL's actions.17.L3 After the opening of bids, information relating to the examination, clarification, andevaluation of bids^ shail not be iisclosed to any perJon(s) not officially concerned with theevaluation and selection process.17.14 BTCL reserves the right to accept or reject any or all offers without assigning any reasonthereof.17.15 Disagreement of any sub-clause of clause l7 shall be considered as "Non-Responsive"18. GOVERNING LAWS Ai\D JT]RISDICTIONThe Request for proposal, consequent Work Order and agreement etc. shall be bound byBangladeshi Laws. All disputes relat'ing to this RFP and the resulting contract shall be subjecto thelurisldiction of Courts in Dhaka only. Disagreement of which shall be treated as "Non-Responsive"Page 10 of 20tv,Y\L((W17.10 prior to finalizing the selection of successful bidder, BTCL shall take into consideration thecable landing station charges to be paid to the owner of the landing station for the STM- 16/STM-4/STM-1 Wholly Assigned Circuit. BTCL may also determine whether the bidder of evaluatedlowest bid has tire capaUility to deliver the service satisfactorily. As qlt.of this, BTCL may takenecessary steps, whichever fits desirable and practical to them, to veriff information contained inthe bidder,s offer. If the lowest bidder has aiready been working with BTCL' then its technicalperformance of the service, quality of customer service etc. as a voice canierl IP bandwidthprovider may be taken in to consideration prior to finalizing the award.*%;-