Date: [Please Insert Day, Month, Year]
To:
[Please Insert Name and Address of the Contracting Authority]
Cc:
[Please Insert Name and Address of the Applicable Line Ministry]
[Please Insert Name and Address of PPP Authority]
Subject: | Submission of Unsolicited Proposal for [Please Insert Name of Project] through Public Private Partnership ("PPP") |
Dear Sir,
Being duly authorized to represent and act on behalf of [Please Insert the Name of the Original Proponent]3 (hereinafter the "Original Proponent"), and having reviewed and examined the Bangladesh Public-Private Partnership Act, 2015 ("PPP Act") and the Guidelines for Unsolicited Proposals, 2016 ("Guidelines") and having fully understood all the provisions, the undersigned hereby submit an Unsolicited Proposal for the [Please Insert Name of Project] through Public Private Partnership (PPP) and declare that:
1. We acknowledge that the [Please Insert Name of the Contracting Authority] ("Authority") will be relying on the information provided in the Unsolicited Proposal and the documents accompanying such Unsolicited Proposal for considering the eligibility of the Original Proponent as an Unsolicited Bidder.
2. This statement is made for the express purpose of being considered as an Unsolicited Bidder of an Unsolicited Proposal.
3. We shall make available to the Authority any additional information it may find necessary or require to supplement or authenticate this letter of submission and the Unsolicited Proposal. The Authority and its authorized representatives are hereby authorized to conduct any inquiries or investigations to verify the statements, documents, and information submitted in connection with this Unsolicited Proposal, and to seek clarification, from our bankers and clients regarding any financial and technical aspect.
4. This letter of submission will also serve as authorization to any individual or authorized representative of any institution referred to in the supporting information, to provide such information deemed necessary and requested by the Authority to verify statements and information provided in this submission, or with regard to the resources, experience, and competence of the Original Proponent.
5. We acknowledge the right of the Authority to reject our letter of submission and the Unsolicited Proposal without assigning any reason whatsoever and hereby waive, to the fullest extent permitted by applicable law, our right to challenge the same on any account whatsoever.
6. We acknowledge the right of the Authority at any time to stop processing this Unsolicited Proposal without incurring any liability to the Original Proponent.
7. We undertake that during the period of consideration by the Authority of our Unsolicited Proposal, we will inform the Authority immediately if there are any changes in facts or circumstances relating to any aspect of our submission.
8. We agree and undertake to abide by all the terms and conditions of the PPP Act and the Guidelines.
9. We are not a Government owned entity/we are a Government entity.4
10. The Authority and its authorized representatives may contact the following persons for further information or clarification:
General Inquiries
Name:____________________________________
Designation: ____________________________________
Address: ____________________________________
Tel No.: ____________________________________
Mobile: ____________________________________
Email: ____________________________________
(Please fill in details of the key contact person for general inquiries)
Name: ____________________________________
Designation: ____________________________________
Address: ____________________________________
Tel No.: ____________________________________
Mobile: ____________________________________
Email: ____________________________________
(Please fill in details of the alternate contact person for general inquiries)
Technical Inquiries
Name: ____________________________________
Designation: ____________________________________
Address: ____________________________________
Tel No.: ____________________________________
Mobile: ____________________________________
Email: ____________________________________
(Please fill in details of the key contact person for technical inquiries)
Name: ____________________________________
Designation: ____________________________________
Address: ____________________________________
Tel No.: ____________________________________
Mobile: ____________________________________
Email: ____________________________________
(Please fill in details of the alternate contact person for technical inquiries)
Financial Inquiries
Name: ____________________________________
Designation: ____________________________________
Address: ____________________________________
Tel No.: ____________________________________
Mobile: ____________________________________
Email: ____________________________________
(Please fill in details of the key contact person for financial inquiries)
Name: ____________________________________
Designation: ____________________________________
Address: ____________________________________
Tel No.: ____________________________________
Mobile: ____________________________________
Email: ____________________________________
(Please fill in details of the alternate contact person for financial inquiries)
11. We hereby declare that we:
a. have not applied for liquidation and/or have not been ordered to liquidate by any court or other authority;
b. are not legally restrained to execute a contract;
c. have not previously entered into a contract with the Authority and later terminated the contract (within the last 3 (three) years) prior to the expiry of the contract due to the event of default on our part;
d. have not been involved in more than two law suits in the previous 3 (three) years with any public sector authority in Bangladesh;
e. do not have a history of non-performance of work in the previous 5 (five) years;
f. have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive document, undesirable practice or restrictive practice in respect of any tender issued by or any agreement entered into with the Authority or any other public sector enterprise;
g. have never been declared or found guilty of violating the anti- monopoly and/or competition laws of any jurisdiction by any competent court at any time during the last 5 (five) years;
h. have taken steps to ensure that no persons acting for us on our behalf has engaged or will engage in any corrupt practice, fraudulent practice, coercive practice, or collusive practice;
i. have not been convicted of a criminal offence in Bangladesh in the last 5 (five) years.
12. The undersigned declare that all information provided in this letter of submission, the Unsolicited Proposal, and/or any other submitted documents is true, complete and correct; nothing has been omitted which renders such information misleading; and all documents accompanying such submission are true copies of their respective originals.
______________________________________________________________________________
2 To be provided on letter head of the Original Proponent or the Lead Member (in case the Original Proponent is a Consortium), including full postal address, telephone no. and email address.
3 Please fill in the blank spaces, as appropriate and delete the square brackets.
4 Please specify the type of entity and cancel the other option accordingly.