The main framework is the Public Procurement Act 2006, as amended, and the Public Procurement Rules 2025, overseen by the Bangladesh Public Procurement Authority. Most government ministries, divisions, departments, local government institutions and many statutory and state-owned bodies must follow it. Where a project is financed by a development partner, the loan or grant agreement may require the lender's procurement rules instead, sometimes alongside elements of domestic law. Some entities also have sector-specific rules. We confirm the governing regime for each tender at the outset, because it affects eligibility, evaluation, securities, contract terms and complaint rights.

Yes, many tenders are open to foreign bidders, especially international competitive tenders and development partner funded projects. Some national tenders are limited to local firms, and domestic preference or local partner requirements may apply. Foreign bidders must usually provide authenticated corporate documents, evidence of experience and financial capacity, and may need e-GP registration, tax registration and, if awarded, a local branch, liaison office or project office registered with Invest Bangladesh. We advise foreign companies on eligibility, document authentication, structuring, tax and the practical steps needed before and after award, including visas, banking and local hiring.

Common causes include missing or unsigned forms, inconsistent information between documents, tender securities in the wrong form, amount or validity, inadequate joint venture documents, unauthorised signatories, missing experience evidence and material deviations from the specifications or contract terms. Almost all of these problems are preventable with a disciplined internal review. We prepare a compliance checklist tailored to the tender, review the final bid against it, and confirm that every declaration is accurate. Accuracy matters, because false statements in a public procurement bid can lead to rejection, security forfeiture, debarment and even criminal proceedings.

The structure must satisfy the tender's eligibility and qualification rules, which often specify how partners' experience and turnover can be combined and require joint and several liability. Commercially, partners need clear written terms on leadership, scope, staffing, financing of securities, profit sharing, decision making and what happens if one partner fails. A short memorandum is rarely enough for a large contract. We draft a joint venture agreement that works for the bid and for delivery, and align it with powers of attorney, board resolutions and any later project company, subcontract or contract assignment.

Yes. Most tenders allow written clarification requests within a set period and may include a pre-bid meeting. This is the right time to raise ambiguous specifications, unclear evaluation criteria, conflicting documents or contract terms that create unreasonable risk. The procuring entity may answer, amend the documents or decline to change them. We draft clarification requests that are precise and respectful, and advise on how to bid if concerns are not resolved. Raising issues early also strengthens any later public procurement complaint, because it shows the problem was identified and raised in good time.

The rules provide a staged complaint process, typically starting with the procuring entity and escalating to higher authorities and then the Review Panel, each with short and strictly enforced time limits. Complaints must identify specific breaches of the rules, not simply disagreement with the result. We review evaluation notices and available records, advise frankly on prospects, and prepare complaints quickly. Where the administrative route is exhausted or unsuitable, judicial review in the High Court Division may be available. Development partner funded tenders may also have separate complaint channels with their own rules and timelines.

Collusion between bidders, improper contact with evaluators, conflicts of interest, misrepresentation of experience, and payments to intermediaries promising influence are all serious risks. Consequences include rejection, forfeiture of security, debarment, criminal investigation and, for funded projects, sanctions by development partners that can affect work in other countries. We help bidders set clear rules for bid teams, partners and agents, review agency and consultancy arrangements, train staff on permitted contact with procuring entities, and respond promptly if allegations are made. Strong, documented controls also reassure procuring entities and lenders that the bidder understands its public procurement obligations.

The e-GP platform is operated by bidders' own registered users, and technical submission is normally handled by the client's bid team. Legal input is most valuable before upload: confirming that legal forms, declarations, securities, joint venture documents and authorisations are correct and consistent, and that commercial deviations are presented properly. We often work in parallel with the bid team in the final days, reviewing documents as they are finalised. We also advise on what to do if technical problems threaten a deadline, and how to document them properly for any later complaint or dispute.