SAMPLE NO. 3C
INVITATION DOCUMENT FOR PRE-QUALIFICATION
CONSTRUCTION ONLINE
(Issued together with Circular No. 06/2024/TT-BKHDT
dated April 26, 2024, by the Minister of Planning and Investment)
INVITATION DOCUMENT FOR PRE-QUALIFICATION
Bid package number and E-Pre-qualification invitation number (on the System): | _________________ |
Bid name (according to the content of E-Pre-qualification invitation on the System): | _________________ |
Project/procurement estimate (according to the content of E-Pre-qualification invitation on the System): | _________________ |
Release date (according to the content of E-Pre-qualification invitation on the System): | _________________ |
Issued with Decision (according to the content of E-Pre-qualification invitation on the System): | ________________ |
TABLE OF CONTENTS
Summary description
Chapter I. Bidder's instructions
Chapter II. Bid data table
Chapter III. E-Pre-qualification application evaluation criteria
Chapter IV. Pre-qualification invitation forms and pre-qualification documents
Chapter V. Technical requirements
SUMMARY DESCRIPTION
Chapter I. Bidder Guidance
This chapter provides information to help bidders prepare E-Pre-qualification application. The information includes regulations on the preparation, submission of E-Pre-qualification application, bid opening, and evaluation of E-Pre-qualification application. The regulations in this chapter may only be used as is and not modified.
This chapter applies uniformly to all online construction bid packages, which are fixed in PDF file format and uploaded to the System.
Chapter II. Bid Data Table
This chapter specifies the contents of Chapter I as applied to each bid package.
This chapter is digitized in the form of forms on the System (webform). The investor inputs the information contents into the E-Bidding Document List on the System.
Chapter III. Evaluation Standards E-Pre-qualification application
This chapter includes criteria for evaluating E-Pre-qualification application. Specifically:
- Item 1 (Evaluation of the validity of E-Pre-qualification application) is fixed in PDF/word file format and uploaded to the System;
- Item 2 (Evaluation standards for capacity and experience) is digitized in the form of a webform. The investor needs to input information into the corresponding webforms;
Based on the information input by the investor, the System automatically generates related pre-selection forms corresponding to the evaluation standards.
Chapter IV. Pre-selection Invitation Form and Pre-selection
This chapter includes forms that the Investor and the bidder will have to complete to form part of the contents of E-Pre-qualification documents and E-Pre-qualification application.
This chapter is digitized in the form of a webform. The Investor and the bidder need to input information into the corresponding webform suitable for the bid package to prepare E-Pre-qualification documents, E-Pre-qualification application on the System.
Chapter V. Summary of Technical Requirements
This chapter includes information about the bid package, project, and general technical requirements displayed in PDF/Word/CAD file format prepared by the Investor and attached to the System.
Chapter I. CONTRACTOR GUIDANCE
1. Scope of the Bid Package | 1.1. The Investor stipulates in the E-Bidding Document List issuing this set of E-Pre-qualification documents to select a shortlist to carry out the construction bid package. 1.2. The name of the bid package, project/purchase estimate is specified in E-Bidding Document List. |
2. Interpretation of Terms in Online Bidding | 2.1. The bid closing time is the deadline for receiving E-Pre-qualification application, which is specified in the E-Pre-qualification invitation on the System. 2.2. The date is according to the Gregorian calendar, including weekends, holidays, and Tet holidays as stipulated by labor laws. 2.3. The time and date on the System are the time and date displayed on the System (GMT+7). |
3. Funding Source | The funding source for the bid package is specified in the E-Bidding Document List. |
4. Prohibited Conduct | 4.1. Offering, receiving, or brokering bribes. 4.2. Abusing positions and powers to influence or unlawfully interfere in the bidding process in any form. 4.3. Collusion includes the following acts: a) Arranging, agreeing, or coercing one or more parties to prepare E-Pre-qualification application or withdraw E-Pre-qualification application for one party to win the bid; b) Arranging or agreeing to refuse to provide goods or services, not signing subcontracts, or implementing other forms of agreements to limit competition for one party to win the bid; c) Bidders with capacity and experience who have participated in bidding and meet the requirements of E-Pre-qualification documents but intentionally do not provide documents to prove capacity and experience when requested by the bid inviter to clarify E-Pre-qualification application or when requested to cross-check documents to facilitate one party winning the bid. 4.4. Fraud includes the following acts: a) Forging or distorting information, records, or documents in bidding; b) Intentionally providing untruthful or biased information and documents in E-Pre-qualification application to distort the results of pre-selection. 4.5. Obstruction includes the following acts: a) Destroying, deceiving, altering, hiding evidence, or reporting false information; threatening or suggesting to any party to prevent clarification of acts of bribery, fraud, or collusion with competent authorities regarding supervision, inspection, auditing; b) Obstructing competent authorities, investors, bidders in selecting bidders; c) Obstructing competent authorities in supervising, inspecting, and auditing bidding activities; d) Intentionally making false complaints, accusations, or recommendations to obstruct bidding activities; e) Committing acts that violate laws on safety and cybersecurity to interfere with and obstruct online bidding. 4.6. Failing to ensure fairness and transparency includes the following acts: a) Participating in bidding as a bidder for a bid package where one acts as the inviter, investor, or performs the duties of the inviter or investor in violation of bidding law; b) Participating in the preparation and simultaneously participating in the evaluation of E-Pre-qualification documents for the same bid package; c) Participating in the evaluation of E-Pre-qualification application while also participating in the evaluation of the shortlist for the same bid package; d) Individuals from the inviter or investor directly participating in the bidder selection process or in the expert committee or evaluation committee of bidder selection results or being the competent authority, head of the investor, or inviter for bid packages registered by a family member under the provisions of the Business Law as the bidder or legal representative participating in bidding; e) Bidders participating in construction bidding for a package where the bidder provides consulting services: preparing, verifying, and appraising estimates, technical designs, construction drawing designs, overall technical designs (FEED design); preparing, appraising E-Pre-qualification documents; evaluating E-Pre-qualification application; inspecting goods; appraising bidder selection results; monitoring contract implementation; f) Registering to participate in bidding for a package under a project where the investor or inviter is an agency or organization where one has worked and held a leadership or management position within 12 months from the date of leaving that agency or organization; g) Specifying conditions in E-Pre-qualification documents to limit bidder participation or to create advantages for one or several bidders, causing unequal competition, violating the provisions of Clause 3, Article 44 of the Bidding Law; 4.7. Disclosing documents and information about the bidder selection process, except in cases of providing information as stipulated in Point b, Clause 8, Article 77; Clause 11, Article 78; Point h, Clause 1, Article 79; Clause 4, Article 80; Clause 4, Article 81; Clause 2, Article 82; Point b, Clause 4, Article 93 of the Bidding Law, including: a) The contents of E-Pre-qualification documents before the time of release as prescribed; b) The contents of E-Pre-qualification application; the contents of requests for clarification of E-Pre-qualification application by the inviter and the bidder's responses during the evaluation of E-Pre-qualification application; reports of the inviter, reports from expert committees, appraisal reports, reports from consulting bidders, reports from relevant specialized agencies during the bidder selection process; recorded documents, minutes of bidding review meetings, comments, and evaluations on each E-Pre-qualification application before being publicly disclosed as prescribed; c) Results of bidder selection before being publicly disclosed as prescribed; d) Other documents in the bidder selection process determined to contain state secrets as prescribed by law. |
5. Eligibility of Bidders | 5.1. Bidders are organizations that meet the following conditions: a) Independent financial accounting; b) Not currently undergoing dissolution procedures or having their business registration certificate, cooperative registration certificate, cooperative union registration certificate, or cooperative group registration certificate revoked; not in a state of insolvency as stipulated by bankruptcy law; c) Ensure competition in bidding as prescribed in E-Bidding Document List; d) Not currently banned from participating in bidding according to the provisions of the Bidding Law; e) Not currently under investigation for criminal liability; f) Not in a state of suspension or termination of participation in the System; g) Meet the business classification conditions as prescribed in E-Bidding Document List. 5.2. Bidders are business households that meet the following conditions: a) Have a business household registration certificate as prescribed by law; b) Not currently in the process of ceasing operations or having their business household registration certificate revoked; the head of the household is not currently under criminal investigation; c) Meet the conditions specified in points c, d, and e of Section 5.1 E-CDNT. |
6. Content of E-Pre-qualification documents | 6.1. E-Pre-qualification documents includes E-Pre-qualification invitation and Chapters I, II, III, and IV along with documents that amend and clarify E-Pre-qualification documents as stipulated in Section 7 E-CDNT (if any), which includes the following contents:: - Chapter I. Bidder instructions; - Chapter II. Bid data table; - Chapter III. Evaluation standards E-Pre-qualification application; - Chapter IV. Preliminary invitation forms and preliminary bidding. 6.2. The investor shall not be responsible for the accuracy and completeness of E-Pre-qualification documents, explanatory documents clarifying E-Pre-qualification documents, or any amendments to E-Pre-qualification documents as stipulated in Section 7 E-CDNT if these documents are not provided by the Investor on the System. The E-Pre-qualification documents issued by the Investor on the System is the basis for consideration and evaluation. 6.3. Bidders must study all information in E-Pre-qualification invitation, E-Pre-qualification documents, including any amendments, clarifications of E-Pre-qualification documents, and the pre-bid meeting minutes (if any) to prepare E-Pre-qualification application in accordance with the requirements of E-Pre-qualification documents. |
7. Amendments, clarifications of E-Pre-qualification documents, and site surveys | 7.1. In case of amending E-Pre-qualification documents, the inviting party shall post a decision of amendment along with the amended contents and the amended E-Pre-qualification documents (webform and attached files). Amendments must be made at least 03 working days before the bid closing time and ensure sufficient time for the bidder to complete the E-Pre-qualification application and ensure sufficient time for the bidder to complete the E-Pre-qualification application; if there is not enough time as stated above, the bid closing time must be extended. 7.2. If clarification of E-Pre-qualification documents is needed, the bidder must send a request for clarification to the inviting party through the System at least 03 working days before the bid closing time for the inviting party to consider and handle. The inviting party receives the clarification request for consideration and clarification as requested by the bidder and clarifies it on the System no later than 02 working days before the bid closing date, describing the content of the clarification request but without naming the bidder requesting clarification. If the clarification results in amending E-Pre-qualification documents, the Investor shall amend the E-Pre-qualification documents as stipulated in Section 7.1 E-CDNT. 7.3. The inviting party is responsible for monitoring information on the System to promptly clarify E-Pre-qualification documents at the request of the bidder. 7.4. The bidder is responsible for monitoring information on the System to update information regarding amendments to E-Pre-qualification documents, changes to the bid closing time (if any) as the basis for preparing E-Pre-qualification application. In case of any errors due to not monitoring or updating information on the System resulting in disadvantages to the bidder during the bidding process, including: changes, amendments to E-Pre-qualification documents, bid closing times, and other contents, the bidder must bear responsibility and bear the disadvantages in the bidding process. 7.5. The bidder should conduct site surveys of the project as well as the related areas and is solely responsible for finding all necessary information to prepare E-Pre-qualification application and to carry out the construction contract if awarded. All expenses for the site survey are to be borne by the bidder. 7.6. The Investor and the inviting party will allow the bidder and the bidder's stakeholders to access the site for the purpose of site surveys, provided that the bidder and the bidder's stakeholders commit that the Investor, the inviting party, and the stakeholders of the Investor and the inviting party shall not bear any responsibility towards the bidder and the bidder's stakeholders regarding this site survey. The bidder and the bidder's stakeholders will be solely responsible for their own risks such as accidents, loss, or damage to property and any other losses, damages, and costs arising from the site survey. If necessary, the Investor and the inviting party will organize and guide the bidder for the site survey as regulated in E-Bidding Document List. 7.7. If necessary, the inviting party will organize a pre-bid meeting to discuss the contents in E-Pre-qualification documents that the bidders are unclear about as stipulated in E-Bidding Document List. The inviting party posts a notice to hold the pre-bid meeting on the System; all interested bidders are allowed to attend the pre-bid meeting without prior notification to the inviting party. The discussions between the investor, the inviting party and the bidders must be recorded in the minutes and documented to clarify E-Pre-qualification documents published on the System within a maximum of 02 working days from the end of the pre-bid meeting. 7.8. If E-Pre-qualification documents needs to be amended after the pre-bid meeting, the Investor will carry out the amendments to E-Pre-qualification documents as stipulated in Section 7.1 E-CDNT. The minutes of the pre-bid meeting are not an amendment document for E-Pre-qualification documents. 7.9. The bidder’s failure to conduct a site survey or attend the pre-bid meeting, or the absence of a confirmation letter for having surveyed the site or a confirmation letter for having attended the pre-bid meeting shall not be grounds for disqualifying the bidder’s E-Pre-qualification application. |
8. Preliminary bidding costs | E-Pre-qualification documents is issued free of charge on the System immediately after the inviting party successfully uploads E-Pre-qualification invitation on the System. The bidder must bear all costs related to the bidding process. E-Pre-qualification application is submitted free of charge on the System. In all cases, the Investor and the inviting party are not responsible for costs related to the bidder's participation in the bidding process. |
9. Language of E-Pre-qualification application | E-Pre-qualification application and all documents and materials related to E-Pre-qualification application are written in Vietnamese. Supplementary documents in E-Pre-qualification application may be written in other languages, accompanied by translations into Vietnamese. In case of missing translations, the inviting party may request the bidder to provide them (if necessary). |
10. Components of E-Pre-qualification application | E-Pre-qualification application must include the following components: 10.1. Bid submission form extracted by the System as stipulated in Section 11 E-CDNT; 10.2. Joint venture agreement extracted by the System according to Form No. 03 Chapter IV (for joint venture bidders); 10.3. Bidder's capability and experience declaration according to Section 12 E-CDNT; 10.4. Other contents as stipulated in E-Bidding Document List. |
11. Bid submission and forms | The bidder must fill in all the information in the Forms in Chapter IV. The bidder checks the information in the bid submission and forms extracted by the System to complete E-Pre-qualification application. |
12. Documents proving the bidder's capacity and experience | The bidder must fill in the necessary information in the Forms in Chapter IV to provide information about capacity and experience as required in Chapter III. The bidder must prepare all documents to verify the information declared by the bidder in E-Pre-qualification application before approving the shortlist and for the Investor and the inviting party to retain. |
13. Validity period of E-Pre-qualification application | 13.1. E-Pre-qualification application is valid for no less than the duration specified in E-Bidding Document List. 13.2. If necessary, before the expiration of E-Pre-qualification application, the inviting party may request the bidders to extend the validity of E-Pre-qualification application. If the bidder does not accept the extension of E-Pre-qualification application, the bidder's E-Pre-qualification application will not be further considered. The bidder who accepts the extension of E-Pre-qualification application is not allowed to change any content of E-Pre-qualification application. The request for extension and the approval or disapproval of the extension are conducted on the System. |
14. Bid Closing Time | 14.1. The bid closing time is the time specified in E-Pre-qualification invitation. 14.2. The investor may extend the bid closing time by amending E-Pre-qualification invitation. When extending the bid closing time, all responsibilities of the investor and the bidder according to the previous bid closing time will be adjusted according to the newly extended bid closing time. |
15. Submission, Withdrawal, and Amendment of E-Pre-qualification application | 15.1. Submission of E-Pre-qualification application: The bidder shall submit only one set of E-Pre-qualification application for one E-Pre-qualification invitation when participating in online bidding. In the case of a consortium, the leading member of the consortium (as agreed within the consortium) submits the E-Pre-qualification application after obtaining the approval of all consortium members. 15.2. Amendment and Resubmission of E-Pre-qualification application: In case of needing to amend the submitted E-Pre-qualification application, the bidder must withdraw the entire previously submitted E-Pre-qualification application to amend it accordingly. After completing the E-Pre-qualification application, the bidder shall resubmit the new E-Pre-qualification application. If the bidder has submitted the E-Pre-qualification application before the investor makes amendments to E-Pre-qualification documents (if any), the bidder must resubmit a new E-Pre-qualification application to align with the amended E-Pre-qualification documents . 15.3. Withdrawal of E-Pre-qualification application: The bidder is allowed to withdraw the E-Pre-qualification application before the bid closing time. The system will notify the bidder of the status of the withdrawal of E-Pre-qualification application (successful or unsuccessful). The system records information about the bidder's withdrawal time of E-Pre-qualification application. 15.4. The bidder may only withdraw, amend, or resubmit the E-Pre-qualification application before the bid closing time. After the bid closing time, all successfully submitted E-Pre-qualification applications on the System will be opened for evaluation. |
16. Opening E-Pre-qualification application | 16.1. The bidding party must proceed to open the E-Pre-qualification application and publicly announce the minutes of the bid opening on the System within a maximum of 02 hours from the bid closing time. In case there are 01 or 02 bidders submitting E-Pre-qualification application, the bidding party reports to the Investor to consider and handle the situation according to the provisions of Clause 5, Article 131 of Decree No. 24/2024/NĐ-CP. In case no bidder submits E-Pre-qualification application, the bidding party reports to the Investor to consider extending the bid closing time or reorganizing the online bidder selection (cancelling this E-Pre-qualification invitation and posting a new E-Pre-qualification invitation) according to the provisions of Clause 4, Article 131 of Decree No. 24/2024/NĐ-CP. 16.2. The minutes of the bid opening are publicly posted on the System, including the main contents as follows: a) Information about the bidding package: - E-Pre-qualification invitation number; - Name of the bidding package; - Name of the Investor ; - Method of bidder selection; - Type of contract; - Time of completion for opening E-Pre-qualification application; - Total number of participating bidders. b) Information about participating bidders: - Bidder's name; - Validity period of E-Pre-qualification application; - Other related information (if any). |
17. Confidentiality | 17.1. Information related to the evaluation of E-Pre-qualification application must be kept confidential and not disclosed to bidders or any individuals not officially involved in the pre-selection process until the public announcement of pre-selection results. In any case, information in this bidder's E-Pre-qualification application must not be disclosed to other bidders, except for information publicly announced in the bid opening minutes. 17.2. Except for clarifying E-Pre-qualification application (if necessary), the bidder is not permitted to contact the Investor, the bidding party regarding matters related to its E-Pre-qualification application and other issues concerning the bidding package during the period from the bid opening until the public announcement of the pre-selection results. |
18. Clarification of E-Pre-qualification application | 18.1. After the bid opening, the bidder is responsible for clarifying the E-Pre-qualification application as requested by the bidding party, including the bidder's valid status, capacity, and experience. 18.2. During the evaluation process, the clarification of E-Pre-qualification application between the bidder and the bidding party shall be conducted directly on the System. 18.3. Clarification of E-Pre-qualification application shall only be conducted between the bidding party and the bidder whose E-Pre-qualification application requires clarification. For the content that directly affects the evaluation of validity, capacity, and experience, if the bidder fails to clarify within the clarification period or does clarify but does not meet the bidding party's clarification requirements, the bidding party will evaluate the bidder's E-Pre-qualification application based on the E-Pre-qualification application submitted before the bid closing time. The bidding party must allow the bidder a reasonable time to clarify the E-Pre-qualification application. 18.4. The bidder cannot clarify the E-Pre-qualification application after the bid closing time. 18.5. In case of discrepancies in the content of the E-Pre-qualification application or unclear content, the bidding party requests the bidder to clarify based on the regulations in Section 18.1 of E-CDNT. 18.6. In case of doubts about the authenticity of the documents provided by the bidder, the bidding party may verify with relevant organizations or individuals regarding the content of the documents. 18.7. In cases where E-Pre-qualification documents includes requirements for commitments, a principle contract for equipment leasing that E-Pre-qualification application does not attach these documents, the bidding party will require the bidder to clarify E-Pre-qualification application and provide additional documents within a suitable timeframe but not less than 03 working days to serve as a basis for evaluating E-Pre-qualification application. |
19. Differences, Conditions, and Omitted Content | 19.1. "Difference" refers to deviations from the requirements stated in E-Pre-qualification documents; 19.2. "Conditioning" refers to the imposition of restrictive conditions or a complete rejection of the requirements stated in E-Pre-qualification documents; 19.3. "Omitted content" refers to the bidder's failure to provide part or all of the information or documents required in E-Pre-qualification documents. |
20. Determining the Compliance of E-Pre-qualification application | The bidding party will determine the compliance of E-Pre-qualification application based on the content of E-Pre-qualification application according to the regulations in Section 10 of E-CDNT. If E-Pre-qualification application does not meet the requirements of E-Pre-qualification documents, that E-Pre-qualification application will be rejected. |
21. Subbidder | 21.1. A subbidder is an organization or individual that signs a contract with the bidder to carry out part of the work in the bid price summary; it does not include organizations or individuals providing materials, fuels, equipment, or rental equipment for construction. The bidder's hiring of labor to perform the bidding package does not count as using a subbidder.. 21.2. The use of subbidders will not change the obligations of the bidder. The bidder is responsible for the volume, quality, schedule, and other responsibilities for the work done by the subbidder. The capacity and experience of the subbidder will not be considered when evaluating the bidder's E-Pre-qualification application, except in cases specified in Section 21.3 of E-CDNT. The bidder must meet the capacity and experience criteria (not considering the capacity and experience of the subbidder). The bidder may enter into contracts with the subbidders listed in the E-Pre-qualification application or sign with subbidders approved by the investor to participate in the construction work. 21.3. The investor may allow the bidder to use special subbidders as regulated in E-Bidding Document List. In this case, the bidder must declare the list of special subbidders according to Form No. 09A of Chapter IV and provide information about the capacity and experience of the special subbidders. The bidding party evaluates the capacity and experience of the special subbidders based on the evaluation criteria specified in Clause 2.3, Section 2, Chapter III. If the special subbidder does not meet the requirements of E-Pre-qualification documents and the bidder has capacity and experience that does not meet the requirements for the part of the work assigned to the special subbidder, then the bidder's E-Pre-qualification application will be evaluated as not meeting the requirements of E-Pre-qualification documents. When using special subbidders, the bidder is not required to meet the capacity and experience requirements for the work assigned to the special subbidder. 21.4. The investor and the bidding party shall not approve the bidder's use of subbidders who are involved in providing consulting services for the bidding package that the bidder has won, and these consulting tasks include: preparing, verifying technical designs, construction drawings, estimates, FEED designs; pricing; supervising contract performance, inspections; preparing and appraising E-Pre-qualification documents, E-HSMT; evaluating E-Pre-qualification application, E-HSDT; appraising pre-selection results, bidder selection results; project management consulting, contract management, and other consulting services that relate directly to the bidding package. |
22. Evaluation of E-Pre-qualification application | The evaluation process for E-Pre-qualification application is as follows: 22.1. Evaluate the validity according to the provisions in Section 1, Chapter III; - The system automatically evaluates based on the bidder's commitments in the bid regarding the following contents: + The bidder's valid status; + In the 03 years prior to the bid closing time, the bidder has no personnel (under an employment contract with the bidder at the time the personnel committed the violation) sentenced by the court for violations of bidding regulations causing serious consequences according to the law, with the aim of securing a contract for that bidder. If the expert group detects that the bidder's commitments are not honest, leading to a distortion of the pre-selection results, the bidder will be deemed to have committed fraud in the bidding process. - The expert group evaluates the validity of the consortium agreement (in the case of a consortium). - If the bidder is evaluated as meeting all validity criteria, they will be moved on to the evaluation of capacity and experience. 22.2. Evaluation of capacity and experience according to the provisions in Section 2, Chapter III; - The system automatically evaluates the following contents: history of contract non-completion, fulfillment of tax declaration and payment obligations, financial performance results, average annual revenue based on information declared and extracted in the E-Pre-qualification application. For the contents that the system automatically evaluates, the bidder is not required to attach documents to prove compliance when submitting the E-Pre-qualification application. - Regarding the requirement for financial resources: the expert group evaluates based on the information that the bidder has declared; if the bidder uses a credit commitment to prove financial resources, the expert group will base its evaluation on the attached documents. Commitments to provide credit after the bid closing time will not be considered or evaluated. - For the evaluation of similar contracts, the expert group evaluates based on the information declared by the bidder on the web form and the attached documents. - For the evaluation of key personnel and major construction equipment, the expert group evaluates based on the information declared by the bidder. 22.3. The bidder must submit a set of documents to prove validity, capacity, and experience to the bidding party for cross-checking with the information declared by the bidder in the E-Pre-qualification application, including: a) For bidders who update their tax data on the System from 2021 onwards (not extracted by the System), documents proving the fulfillment of tax declaration and payment obligations for the most recent year that matches the bidder's tax data on the electronic tax system. If the bidder's data is extracted from the electronic tax system, no documents are required to be presented; b) For bidders who update their financial data on the System from 2021 onwards (not extracted by the System), documents proving the financial status according to Form No. 07, Chapter IV that matches the financial data on the electronic tax system. If the bidder's data is extracted from the electronic tax system, no documents are required to be presented. c) Documents proving similar contracts that the bidder declared and attached in the E-Pre-qualification application (contracts, acceptance records, liquidation, information about invoices according to legal regulations…); d) Documents proving financial resources according to Form No. 08A, Form No. 08B, Chapter IV; đ) Documents proving the ability to mobilize personnel, equipment, qualifications, and certificates of the personnel declared in E-Pre-qualification application; e) Other documents (if any). 22.4. A bidder is assessed as meeting the requirements regarding capacity and experience after the documents have been cross-checked, will be considered for the shortlist. 22.5. Principles for evaluating E-Pre-qualification application: a) For the contents evaluated automatically by the system including valid status, bidders with personnel who have been convicted by the court for serious violations of bidding regulations, a history of non-completion of contracts due to the bidder's fault, fulfillment of tax declaration and payment obligations, financial performance results, average annual revenue; if the bidder does not declare information or declares it incorrectly or incompletely, failing to meet the requirements of E-Pre-qualification documents, the system evaluates the bidder as "not meeting" this content. The expert group cannot change the evaluation result from "not meeting" to "meeting" when the system has already evaluated it as "not meeting." In cases where the information that the bidder commits and declares in the E-Pre-qualification application is not truthful, leading to a distortion of the evaluation results of the bidder's E-Pre-qualification application, the bidder will be considered to have committed fraud; b) In the event of discrepancies between the information on the bid security declared by the bidder on the webform and the information in the attached scanned bid security document, the information in the scanned bid security file (in cases where a bid security guarantee or insurance certificate is provided in paper format) shall be used for evaluation; c) In the case of inconsistencies between the information on similar contracts declared on the webform and the supporting documents for that contract, the bidding party shall require the bidder to clarify the E-Pre-qualification application. If the contracts declared by the bidder, attached in the E-Pre-qualification application, do not meet the requirements of the E-Pre-qualification documents or if the bidder fails to declare similar contracts on the webform, the bidding party shall require the bidder to clarify and supplement other contracts (updated from the bidder’s capacity profile on the System) to meet the requirements of the E-Pre-qualification documents within a suitable timeframe of no less than 03 working days. If the bidder does not have contracts that meet the requirements of the E-Pre-qualification documents, the bidder shall be disqualified; d) In the case that key personnel and main construction equipment (if any) proposed by the bidder in the E-Pre-qualification application do not meet the requirements or fail to demonstrate the ability to mobilize key personnel and construction equipment (including cases where the personnel and equipment proposed by the bidder have already been mobilized for another contract that coincides with the timeframe of executing this package), the bidding party allows the bidder to supplement or replace them. The bidder is only permitted to supplement or replace once for each personnel position or equipment within a suitable timeframe of no less than 03 working days. If the bidder does not have substitute personnel or equipment that meets the requirements of the E-Pre-qualification documents, the bidder shall be disqualified. In any case, if the bidder declares personnel or equipment untruthfully, the bidder is not allowed to replace them with others, the bidder’s E-Pre-qualification application is disqualified, and the bidder will be considered fraudulent according to the provisions in Clause 4, Article 16 of the Bidding Law and shall be handled according to the regulations in Point a, Clause 1, Article 125 of Decree 24/2024/NĐ-CP; đ) For contents other than those stated in points a, b, c, and d of this section, in the event of inconsistencies between the information declared on the webform and the attached file, the information on the webform shall be the basis for consideration and evaluation. e) The invited bidder for document comparison must prepare documents to compare and prove the information declared by the bidder in the E-Pre-qualification application. For contents regarding the validity, history of unfulfilled contracts due to the fault of the bidder, fulfillment of tax declaration obligations and tax payments, the results of financial activities, average annual revenue that has been automatically assessed by the System as "satisfactory" according to the declared information, extracted in the E-Pre-qualification application that the evaluation team re-evaluates as "not satisfactory," then the evaluation team shall correct the assessment results from "satisfactory" to "not satisfactory." For information on fulfillment of tax declaration obligations and tax payments, average annual revenue, net asset value from 2021 onwards, the bidding party will only cross-check if the bidder updates the information and will not cross-check if the information is automatically extracted from the National Business Registration Information System and the Electronic Tax System. |
23. Bid Cancellation | 23.1. Cases of bid cancellation include: a) All E-Pre-qualification application that do not meet the requirements of the E-Pre-qualification documents; b) Changes in objectives and investment scope in the approved investment decision that alter the volume of work and evaluation criteria specified in the E-Pre-qualification documents; c) E-Pre-qualification documents does not comply with the provisions of the Bidding Law and other relevant legal regulations, leading to the selected bidder not meeting the requirements for executing the package; d) The winning bidder engages in acts prohibited under Article 16 of the Bidding Law; đ) Other organizations or individuals outside the winning bidder engage in acts prohibited under Article 16 of the Bidding Law, leading to the distortion of the bidding result. 23.2. Organizations or individuals violating bidding laws that lead to bid cancellations under the provisions in points c, d, and đ of Section 33.1 E-CDNT must compensate the costs for related parties and be dealt with according to the provisions of the law. |
24. Conditions for Preliminary Selection Approval | Bidders are considered for preliminary selection when they meet the following conditions: 24.1. Have a valid E-Pre-qualification application as per the provisions of Section 1, Chapter III; 24.2. Have capacity and experience meeting the requirements as stipulated in Section 2, Chapter III; |
25. Notification of Preliminary Selection Results | 25.1. The bidding party shall post the notification of the preliminary selection results on the System along with the evaluation report of the E-Pre-qualification application within 05 working days from the date of approval of the preliminary selection results. The content of the preliminary selection results notification is as follows: a) Information about the bidding package: - E-Pre-qualification invitation number; - Name of the bidding package; - Bid price or approved estimate (if any); - Name of the Investor; - Form of bidder selection; - Type of contract. b) Information about the selected bidder: - Tax code; - Name of the bidder. c) List of bidders not selected and a summary of the reasons for the non-selection of each bidder. 25.2. In the case of bid cancellation as stipulated in point a, Section 23.1 E-CDNT, the notification of preliminary selection results and on the System must clearly state the reasons for the bid cancellation. |
26. Resolving Complaints in Bidding | 26.1. When seeing that their legitimate rights and interests are affected, bidders, agencies, and organizations can petition the competent authorities and investors to review issues in the bidder selection process and the results of bidder selection as stipulated in Articles 89, 90, and 91 of the Bidding Law. 26.2. In case of a petition to the Investor, the bidder, agency, or organization submits the petition directly on the System. In case of a petition to the Competent Authority, the bidder submits the petition to the address stipulated in E-Bidding Document List. |
27. Monitoring the Preliminary Selection Process | When detecting behaviors or contents that do not comply with the provisions of the Bidding Law, the bidder is responsible for notifying the organization or individual assigned to supervise as stipulated in E-Bidding Document List. |
Chapter II. BID DATA TABLE |
E-CDNT 1.1 | Name of Investor: ___ [System automatically extracts]. |
E-CDNT 1.2 | Name of the bidding package: ___ [System automatically extracts]. Name of the project/purchase estimate: ___ [System automatically extracts]. |
E-CDNT 3 | Funding source: ___ [According to E-Pre-qualification invitation]. |
E-CDNT 5.1 (c) | Competitive guarantee in bidding according to the regulations as follows: - Bidders participating in the bidding do not have shares or capital contributions of over 30% with:___[fully write the name and address of the Investor, the Bidding Party], except in cases: (i) The bidder is a member company, subsidiary of a group, state-owned corporation with a main manufacturing and business industry that corresponds to the nature of the bidding package of that group, state-owned corporation. (ii) The bidder is the parent company, subsidiary, or member company in a state-owned economic group, the products or services in the bidding package belong to the main manufacturing and business industry of the economic group, state-owned corporation, and this bidding package belongs to the subsidiary or member company. - Bidders participating in the bidding do not have shares or capital contributions with consulting bidders; do not jointly have shares or capital contributions of over 20% of any other organization or individual, specifically as follows: + Consultant for technical design, construction drawing design, estimate:___[fully write the name and address of the consulting unit (if any)]; + Consultant for verifying technical design, construction drawing design, estimate:___[fully write the name and address of the consulting unit (if any)]; + Consultant for price appraisal:___[fully write the name and address of the consulting unit (if any)]; + Consultant for contract execution supervision, inspection:___[fully write the name and address of the consulting unit (if any)]; + Consultant for preparing E-Pre-qualification documents, E-HSMT:___[fully write the name and address of the consulting unit (if any)]; + Consultant for evaluating E-Pre-qualification documents, E-HSMT:___[fully write the name and address of the consulting unit (if any)]; + Consultant for assessing E-Pre-qualification application, E-HSDT:___[fully write the name and address of the consulting unit (if any)]; + Consultant for evaluating the results of the preliminary selection:___[fully write the name and address of the consulting unit (if any)]; + Project management consulting, contract management, and other consulting services that directly relate to the bidding package:___[fully write the name and address of the consulting unit (if any)]; Bidders participating in the bidding do not belong to the same agency or organization directly managing the consulting bidder (mentioned above). Bidders participating in the bidding do not belong to the same agency or organization directly managing the Investor, the bidding party, except in cases where the bidder is an public non-business unit under a state management agency with functions and duties assigned that are suitable for the nature of the bidding package of that state management agency.. - Public non-business units and enterprises managed by the same direct authority, contributing capital when participating in the bidding of each other’s packages are not required to meet the regulations for legal and financial independence between the bidder and the Investor, the bidding party. The shareholding and capital contribution ratio between the parties is determined at the time of bid closure and according to the ratios stated in the business registration certificate, establishment decision, and other equivalent documents. In cases where the bidder participates in the bidding as a joint venture or the consulting bidder is selected as a joint venture, the ownership ratio of other organizations or individuals in the joint venture is determined by the following formula: Where: Xi: The ownership ratio of other organizations or individuals in the i-th joint venture member; Yi: The percentage (%) of work volume of the i-th joint venture member in the joint venture agreement; n: The number of members participating in the joint venture. |
E-CDNT 5.1 (g) | Conditions regarding business classification:_____[if the bidding package has a price of no more than 5 billion VND, write: “Is a small or micro enterprise according to the provisions of the law on enterprises”. If the bidding package has a price over 5 billion VND, write: “Not applicable”]. - In the case where the bidding package has been bid but there are no micro enterprises or small enterprises that meet the requirements, write_____[“No requirement”]. |
E-CDNT 7.6 | Site survey organization: ___ [write "yes" or "no". If "yes," specify the time, location of the site survey, and the phone number of the person responsible for organizing the site survey] |
E-CDNT 7.7 | Pre-bid conference: _____ [write "yes" or "no". If "yes," specify the time, location of the pre-bid conference, and the phone number of the person responsible for organizing the pre-bid conference] |
E-CDNT 10.4 | The bidder must submit the following documents along with the E-Pre-qualification application: ___ [list other necessary documents that the bidder needs to submit with the E-Pre-qualification application as required, based on the size and nature of the bidding package, and not restrict the participation of bidders. If there are no requirements, it must be clearly stated as “not required”]. |
E-CDNT 13.1 | The validity period of the E-Pre-qualification application is: ≥ ____ days [extracted according to E-Pre-qualification invitation], from the date of the bid closure. |
E-CDNT 21.3 | Use of special subbidders:____ [write “Allowed” or “Not allowed”. If allowed, specify the method of assessing the capacity and experience of special subbidders at Section 2.3 Chapter III – Evaluation Criteria of E-Pre-qualification application of E-Pre-qualification documents]. |
E-CDNT 26.2 | - Competent authority:_________ [write the full name of the competent authority] + Address:_________ [write the full address, phone number, fax number of the competent authority]; + E-mail:__________ [write the email of the competent authority to receive the bidder's petition]. - Permanent unit assisting the Chairperson of the Advisory Council in resolving petitions: + Address:_________ [write the full name, address, phone number, fax number of the permanent unit assisting the Chairperson of the Advisory Council in resolving petitions]; + E-mail:__________ [write the email of the permanent unit assisting the Chairperson of the Advisory Council in resolving petitions to receive the bidder's petition]. |
E-CDNT 27 | Address of the organization or individual responsible for monitoring: ___ [write the full name, address, phone number, fax number of the organization or individual assigned by the competent authority to monitor the bidder selection process of the bidding package/project (if any)]. |
Chapter III. E-Pre-qualification application EVALUATION CRITERIA
Section 1. Evaluation of the Validity of E-Pre-qualification application
The E-Pre-qualification application of the bidder is considered valid when it meets all the following requirements:
1. In the case of joint bidders, the joint venture agreement must clearly specify the specific work contents and the estimated value ratio that each member of the joint venture will perform according to Template No. 03 Chapter IV, and must not divide tasks not related to the bidding package.
2. The bidder ensures eligibility according to the provisions of Section 5 E-CDNT().
3. Within 3 years prior to the bid closing date, the bidder has no personnel (who signed a labor contract with the bidder at the time of the personnel committing the violation) convicted by the court of serious violations of bidding regulations under criminal law for the purpose of ensuring that the bidder wins the bid.
Bidders with valid E-Pre-qualification application are considered and evaluated in the subsequent steps.
Section 2. Evaluation Standards for Capacity and Experience
2.1. Evaluation standards for capacity and experience
The evaluation standards for capacity and experience are implemented according to Table No. 01 of this Chapter and are digitized in webform format on the System. The bidder is evaluated as meeting the capacity and experience criteria when meeting all evaluation standards. The capacity and experience of subbidders (except special subbidders) will not be considered when evaluating the E-Pre-qualification application of the bidder. The bidder itself must meet the evaluation criteria for capacity and experience.
There is no requirement that the bidder has previously performed one or more contracts in a specific area or that the bidder must have experience in construction work in a specific area as a criterion for disqualifying the bidder.
In the case of payment terms mentioned in similar contracts or payment confirmation from the Investor for the completed construction contracts or tax declaration forms or related documents proving the capacity and experience of the bidder not in VND, when preparing the E-Pre-qualification application, the bidder must convert it to VND as the basis for evaluating the E-Pre-qualification application. The conversion shall apply the exchange rate of ____ [write the basis for determining the exchange rate, typically applying the selling rate of a commercial bank operating in Vietnam] on the date of signing that similar contract.
In cases where the bidder participates as a parent company (such as a corporation) mobilizing subsidiary companies, member companies to perform a portion of the bidding package, the bidder must specifically declare the portion of work allocated to the subsidiary companies, member companies according to Template No.09C Chapter IV. The evaluation of experience in performing similar contracts is based on the value and volume of work undertaken by the parent company, subsidiaries, member companies in the bidding package.
Table No. 01 (Webform on the System)
EVALUATION STANDARDS FOR CAPACITY AND EXPERIENCE | |
Capacity and Experience Criteria | Requirements to be met | Documents to be submitted |
No. | Description | Requirements | Independent bidder | Joint bidders |
Total Joint Venture Members | Each Joint Venture Member |
1 | History of Contract Non-Completion Due to the Bidder's Fault | From January 1st, ___(1) until the bid closing date, the bidder has no construction, EPC, EC, PC, turnkey contracts that were not completed due to the fault of the bidder (2). | Must meet this requirement | Not applicable | Must meet this requirement | Template No. 7 |
2 | Tax Declaration and Payment Obligations | Has fulfilled tax declaration and payment obligations(3) for the most recent fiscal year compared to the bid closing date. | Must meet this requirement | Not applicable | Must meet this requirement | Commitment in the bid submission |
3 | Financial Capacity |
3.1 | Financial Performance Results(4) | The bidder's net worth in the most recent fiscal year compared to the bid closing date must be positive. (Net worth = Total assets - Total liabilities) | Must meet this requirement | Not applicable | Must meet this requirement | Template No. 8A |
3.2 | Average Annual Revenue (excluding VAT) |
3.1 | Average Annual Revenue (excluding VAT) | Average annual revenue (excluding VAT) of ___ (5) for the most recent fiscal year compared to the bid closing date of the bidder must be at least ____(6)VND. | Must meet this requirement | Must meet this requirement | Not applicable | Template No. 8A |
3.3 | Financial Resource Requirements for the Contract | The bidder must demonstrate the ability to access or have available high liquidity assets(7), available credit limits (unused credit limits), or other financial resources (excluding advance payments under the contract) to meet the financial resource requirements for the execution of the contract valued at ____ (8)VND. In cases where the bidder uses a commitment to provide credit from a domestic credit institution or a foreign bank branch established under Vietnamese law, the commitment must meet the following conditions: - Value: Minimum….. VND (specify value); - Duration of the credit commitment: valid for …. [specify the duration of contract execution] from the date the contract takes effect or valid until the day... month.... year… [specify the expected completion date of the contract, e.g., December 31, 2024]; - Must be signed and stamped by the legal representative of the domestic credit institution or the foreign bank branch established under Vietnamese law. | Must meet this requirement | Must meet this requirement | Not applicable | Template No. 08B, 08C |
4 | Experience in executing similar construction contracts(9) | 1. In the case of a contract that includes only one independent project (e.g., Project A): Based on the scale and nature of the contract, the investor shall choose one of the two options below: ___ “From January 1, ___(10) until the bid closing date, the bidder has completed either all or the majority(11) of at least 02 projects with: structure type:…, grade:… [specify according to the structure type and grade of the project in the contract](12), where at least one project has a value of V(13) and the total value of all projects ≥ X, as the main bidder (independent or joint venture member), managing bidder, or subbidder, where X = 2 x V. If the bidder has completed all or most(11) of 01 project that meets the requirements regarding structure type, grade, and has a value ≥ X, it will be considered compliant. Or: “From January 1, ___(10) until the bid closing date, the bidder has completed either all or the majority(11) of at least 01 project with: structure type:…., grade:…. [specify according to the structure type and grade of the project in the contract](12), with a value of V(13) as the main bidder (independent or joint venture member), managing bidder, or subbidder. 2. In the case of a contract consisting of multiple projects (e.g., consisting of 3 projects: A1, A2, A3) Based on the scale and nature of the contract, the investor shall choose one of the two options below: ___ “From January 1, ___(10) until the bid closing date, the bidder has completed either all or the majority(11) of at least: - 02 projects with: structure type…, grade:… [specify according to the structure type and grade of project A1 in the contract](12), where at least one project has a value of V1(13) and the total value of all projects ≥ X1, as the main bidder (independent or joint venture member), managing bidder, or subbidder. Where X1 = 2 x V1. If the bidder has completed all or most(11) of 01 project that meets the requirements regarding structure type, grade, and has a value ≥ X1, it will be considered compliant. - 02 projects with: structure type..., grade:… [specify according to the structure type and grade of project A2 in the contract](12), where at least one project has a value of V2(13) and the total value of all projects ≥ X2, as the main bidder (independent or joint venture member), managing bidder, or subbidder. Where X2 = 2 x V2. If the bidder has completed all or most(11) of 01 project that meets the requirements regarding structure type, grade, and has a value ≥ X2, it will be considered compliant. - 02 projects with: structure type…, grade:…. [specify according to the structure type and grade of project A3 in the contract](12), where at least one project has a value of V3(13) and the total value of all projects ≥ X3, as the main bidder (independent or joint venture member), managing bidder, or subbidder. Where X3 = 2 x V3. If the bidder has completed all or most(11) of 01 project that meets the requirements regarding structure type, grade, and has a value ≥ X3, it will be considered compliant. … Or: “From January 1, ___(10) until the bid closing date, the bidder has completed either all or the majority (11) of at least: - 01 project with: structure type..., grade:…. [specify according to the structure type and grade of project A1 in the contract](12), with a value of V1(13) as the main bidder (independent or joint venture member), managing bidder, or subbidder. - 01 project with: structure type…, grade:… [specify according to the structure type and grade of project A2 in the contract](12), with a value of V2(13) as the main bidder (independent or joint venture member), managing bidder, or subbidder. - 01 project with: structure type…, grade:… [specify according to the structure type and grade of project A3 in the contract](12), with a value of V3(13) as the main bidder (independent or joint venture member), managing bidder, or subbidder. … 3. In the case of a contract that includes only tasks A1, A2, A3… (not construction works under construction law) “From January 1, ___(10) until the bid closing date, the bidder has completed either all or the majority(11) of at least: - 01 item similar to item A1 [specify the characteristics of item A1], with a value of V1(13) as the main bidder (independent or joint venture member), managing bidder, or subbidder. - 01 item similar to item A2 [specify the characteristics of item A2], with a value of V2(13) as the main bidder (independent or joint venture member), managing bidder, or subbidder. - 01 item similar to item A3 [specify the characteristics of item A3], with a value of V3(13) as the main bidder (independent or joint venture member), managing bidder, or subbidder. In addition, based on the nature of the contract, similar conditions regarding the site may be specified but must ensure that they do not restrict the participation of bidders. | Must meet this requirement | Must meet this requirement | Must meet the requirement (equivalent to the part of the work undertaken) | Template No. 5 |
Note:
(1) Specify the required timeframe, usually from 03 to 05 years before the year of the bid closing date. For example: from January 1, 2019 to the bid closing date.
(2) Unfinished construction contracts, EPC, EC, PC, turnkey due to the bidder's fault include:
- Contracts concluded by the investor as incomplete by the bidder, and the bidder does not dispute;
- Contracts concluded by the investor as incomplete, not accepted by the bidder but concluded unfavorably for the bidder by arbitration or court.
Unfinished contracts do not include contracts where the investor's decision has been rejected by dispute resolution mechanisms. The determination of unfinished contracts must be based on all information regarding disputes or lawsuits resolved according to the relevant contract's dispute resolution mechanism, and when the bidder has exhausted all opportunities for complaint. For delayed contracts due to the bidder's fault but still completed, they are not considered unfinished contracts.
For joint venture bidders where only a member of the joint venture violates and is banned from participating in bidding according to the provisions of Clause 1, Article 125 of Decree No. 24/2024/ND-CP, the remaining member of the joint venture is not considered to have unfinished contracts due to the bidder's fault. In cases where one or more members of the joint venture violate the contract, lack the capacity to continue performing the contract, severely affecting the progress, quality, and effectiveness of the contract, only one or some members of the joint venture that violate the contract are considered unfinished, while the remaining member is not regarded as having unfinished contracts due to the bidder's fault.
(3) The bidder must provide documents proving that they have fulfilled their tax declaration and corporate income tax obligations (personal income tax for bidders as business households) for the most recent financial year relative to the bid closing date (for cases where the system has not updated information about tax obligations) to compare when invited to compare documents. Tax obligations are the taxes corresponding to the tax rate, taxable income, and revenue declared by the bidder on the electronic tax system (the amount of tax paid corresponds to the amount of tax owed); in cases of tax payment extensions, exemptions, or reductions according to state policies, this will be implemented according to this provision. If the system has not automatically extracted information regarding the bidder's tax obligations, the bidder must submit the following documents:
- Tax declaration (or payment notice from the tax authority for business households) and payment receipt confirmed by the tax authority printed from the electronic tax system or
- Tax declaration (or payment notice from the tax authority for business households) and confirmation from the tax authority about the fulfillment of tax obligations.
In cases where the bid closing date is after the bidder's financial year-end date (year Y) and before or on the last day of the third month from the end of year Y, the requirement for the submission of financial reports applies to the years prior to year Y (year Y-1).
For example:
- If the bid closing date is March 20, 2024, and the bidder's financial year is January 1 – December 31 and the E-Pre-qualification documents requires the bidder to submit financial reports for the last 3 years, the bidder must submit financial reports for the years 2020, 2021, and 2022).
- The average annual revenue (excluding VAT) of the last 03 financial years relative to the bid closing date. In this case, if the bid closing date is November 15, 2024, the bidder must submit financial reports for the years 2021, 2022, and 2023. If the bidder was established in 2022 but the average revenue for 2022 and 2023 meets the requirements, the bidder can continue to be evaluated.
(6) Calculation method for the required average annual revenue (excluding VAT):
a) For contracts with a duration of 12 months or more, the revenue calculation is as follows:
The minimum requirement for average annual revenue (excluding VAT) = [(Contract price – VAT value)/contract duration in years] x k. Typically, the coefficient k in this formula ranges from 1.5 to 2;
b) For contracts with a duration of less than 12 months, the revenue calculation is as follows:
The minimum requirement for average annual revenue (excluding VAT) = (Contract price – VAT value) x k.
Typically, the required coefficient “k” in this formula is 1.5.
(7) High liquidity assets include cash and cash equivalents, short-term financial instruments, readily saleable securities, trade receivables, short-term financial receivables, and other assets that can be converted to cash within one year. If the bidder uses a credit commitment, they must attach a scanned copy of the credit commitment in the E-Pre-qualification application.
(8) Financial resource requirements for the contract:
a) For contracts with a duration of 12 months or more, the financial resource requirements for the contract are determined by the following formula:
Financial resource requirements for the contract = t x (Contract price/contract duration (calculated in months)).
Typically, the required coefficient “t” in this formula is 3.
b) For contracts with a duration of less than 12 months, the financial resource requirements for the contract are determined by the following formula:
Financial resource requirements for the contract = 30% x Contract price.
(9) In cases where the contract consists of both structures and items under construction law, only similar contract requirements for the structures need to be mentioned. For similar contracts in which the bidder has participated as a joint venture member or subbidder, only the value of the work performed by the bidder is counted.
Contracts that the bidder has completed as a subbidder due to illegal contract transfer, violating the provisions of Clause 8, Article 16 of the Bidding Law will not be considered or evaluated.
(10) Specify the number of required years, usually from 03 years to 05 years before the year of the bid closing date.
(11) Completion means that all work of the structure/item has been completed and accepted; completion of the majority means that at least 80% of the volume of work of the structure/item has been completed and accepted. The time to confirm the structure/item completion to determine similar structures/items is at the time of acceptance, not based on the contract signing time.
(12) Specify the type of structure and grade of the structure included in the bid. The type of structure and grade is determined according to Appendix II of Circular No. 06/2021/TT-BXD dated June 30, 2021, of the Ministry of Construction regarding the classification of construction works and guidelines for application in the management of construction investment activities. If the structures in the bid are not included in Appendix II of Circular No. 06/2021/TT-BXD, the E-Pre-qualification documents must provide provisions for assessing similarity based on the nature of the works; specifically for the grade of the structure, it is determined according to Appendix I of Circular No. 06/2021/TT-BXD.
In the event that Circular No. 06/2021/TT-BXD is amended, supplemented, or replaced, the determination of the type and grade of the structure will be based on the provisions of the amending or replacing Circular of Circular No. 06/2021/TT-BXD.
(13) Specify the values of V, V1, V2, V3. In which:
- V typically has a value of about 50% of the construction work value of the project being examined (project A). For specific tasks or in localities where the bidder's capacity is still limited, the value of V may be required to be in the range of 40% - 50% of the construction work value of project A.
- V1, V2, V3... typically have a value of about 50% of the construction work value of each corresponding project/item (A1, A2, A3...) in the bid being examined. For specific tasks or in localities where the bidder's capacity is still limited, the values of V1, V2, V3... may be required to be in the range of 40% - 50% of the construction work value of item/project A1, A2, A3...
- The evaluation of the value of the projects/items that the bidder has completed is based on the completion value, which is accepted for that project/item. The time to confirm the completion of the project/item to determine similar projects/items is at the time of acceptance, not based on the contract signing time.
(Two projects with a lower grade adjacent to the grade of the project being examined, with each lower grade project's completion value being equal to or greater than 50% of the construction work value of the project being examined, will be evaluated as a similar construction project).
- The similar projects/items that the bidder has completed may belong to one or more contracts (contracts may be ongoing, not yet liquidated).
- For contracts consisting of multiple projects under construction law, the investor may require the completion of similar projects/items for all projects/items in the bid or only require the completion of similar projects/items for some key projects/items. If there are multiple projects of the same structure type, only the requirement for similar projects/items with the highest grade structure will be required. The projects/items that the bidder has completed with the same structure type and a higher grade than the grade of the bid being examined are considered to meet the requirements for the structure type and project grade.
For example: For the bid to construct “High School A”, including a combination of projects:
+ Building A1 (Classroom): 10 floors, total floor area of 5,000 m2, with an approved estimated value of (X) VND. Building A1 is classified as a Class II structure according to the provisions of Circular No. 06/2021/TT-BXD.
+ Building A2 (Classroom): 6 floors, total floor area 1,000 m2, with an approved estimated value of (Y) VND. Building A2 is classified as a Class III structure according to the provisions of Circular No. 06/2021/TT-BXD.
+ Protective fence: 3 m high
+ Guardhouse: 1 story, floor area of 12 m2
In the E-Pre-qualification documents may specify that the experience in constructing similar works is: “the bidder has completed the construction of a house, a Class II structure, with a minimum value of 50% x (X) VND” without requiring the bidder to have experience in constructing all buildings A2 (Class III structures), the protective fence, and the guardhouse.
Based on the scale and nature of the bid, similar requirements for field conditions may be specified.
2.2. Assessment criteria for technical capacity
a) Key personnel:
Based on the scale, nature of the bid, and construction law, the investor shall set requirements for key personnel in the E-Pre-qualification documents accordingly. The E-Pre-qualification documents cannot require key personnel for positions where construction law does not specify standards for that title or for ordinary technical positions, technical workers, or unskilled labor.
The bidder must provide detailed information about the proposed key personnel and the personnel's experience record according to Forms 05A, 05B and 05C Chapter IV. Key personnel may be on the bidder's payroll or mobilized by the bidder. If the proposed key personnel in the E-Pre-qualification application do not meet the requirements or fail to demonstrate their ability to mobilize personnel (including cases where personnel were mobilized for another contract with overlapping working periods for this bid), the contracting authority allows the bidder to supplement or replace. The bidder may only supplement or replace once for each key personnel position within a suitable time frame of not less than 03 working days. If the bidder has no substitute personnel that meet the requirements of the E-Pre-qualification documents, the bidder will be disqualified. In all cases, if the bidder declares personnel dishonestly, they will not be allowed to replace with other personnel; the bidder's E-Pre-qualification application will be disqualified, and the bidder will be deemed to have committed fraud as per the provisions in Clause 4, Article 16 of the Bidding Law and will be sanctioned according to point a, Clause 1, Article 125 of Decree No. 24/2024/NĐ-CP.
The requirement for key personnel is digitized in the form of a Webform on the System. Experience in similar jobs is indicated by the minimum number of years personnel have performed similar jobs or the minimum number of contracts in similar jobs. The years of experience of key personnel are calculated from the time personnel began performing that similar work until the bid closing time. The bidder must provide detailed information about the proposed key personnel in Forms 05A, 05B and 05C Chapter IV to demonstrate that they have sufficient personnel for the key positions to meet the following requirements:
Table 02: Requirements for Key Personnel (Webform on the System)
STT | Job Position | Quantity | Experience in Similar Jobs | Certificates, Professional Qualifications(1) |
1 | | | minimum__years or minimum___contracts | |
2 | | | minimum__years or minimum___contracts | |
… | | | | |
n | | | | |
Notes:
(1) Only stipulated in cases where specialized law requires degrees/certificates.
b) Main construction equipment expected to be mobilized for the bid
Based on the regulations of construction law, the investor and the contracting authority set requirements for the main construction equipment expected to be mobilized and the quantity needed for the bid accordingly. Requirements for main construction equipment only apply to specialized, essential equipment that must be available for the execution of the bid. Main construction equipment can be owned by the bidder or mobilized by the bidder.
If the main construction equipment declared by the bidder in the E-Pre-qualification application does not meet the requirements or fails to demonstrate their ability to mobilize equipment (including cases where equipment has been mobilized for another contract with overlapping working periods for this bid), the contracting authority allows the bidder to supplement or replace. The bidder is only allowed to supplement or replace once for each piece of equipment within an appropriate timeframe of not less than 03 working days. If the bidder has no substitute equipment that meets the requirements of the E-Pre-qualification documents, the bidder will be disqualified. In all cases, if the bidder declares equipment dishonestly, they will not be allowed to replace it with other equipment; the bidder's E-Pre-qualification application will be disqualified, and the bidder will be deemed to have committed fraud as per the provisions in Clause 4, Article 16 of the Bidding Law and will be sanctioned according to point a, Clause 1, Article 125 of Decree No. 24/2024/NĐ-CP.
The requirement for main construction equipment is digitized in the form of a Webform on the System. The bidder must provide detailed information about the Main Construction Equipment proposed in Form 5D Chapter IV to demonstrate that they have sufficient equipment to meet the following requirements:
Table 03: Requirements for Main Construction Equipment (Webform on the System)
No. | Type of Equipment and Equipment Features | Minimum Required Quantity |
1 | |
2 | |
3 | |
… | |
In the event that the bidder wins the bid and signs the contract, the bidder is obligated to mobilize the key personnel and main construction equipment as initially proposed or as changed in accordance with the provisions of this section. If the bidder fails to mobilize the key personnel or main construction equipment, they will be penalized under the contract and evaluated on their reputation when participating in other bids.
2.3. Special Subbidders (if any):
The contracting authority will only consider and evaluate the technical capacity and experience of the special subbidder for the specialized work for which the use of a special subbidder is permitted as specified in Section 21.3 E-CDNT. The specific experience and financial resources of the special subbidder will not be counted towards the experience and resources of the bidder when assessing the bidder's experience and capacity. The proposed special subbidder must have sufficient experience and technical capacity to perform the work and must meet the following criteria:____[list criteria and evaluation standards for special subbidders].
Chapter IV. FORMS FOR PRE-QUALIFICATION INVITATION AND PRE-QUALIFICATION SUBMISSION
No. | Form | Implementation Method | Responsibility for Implementation |
Investor | Bidder |
1 | Form No. 01. Itemized Work List | Webform | X | 2 | Form No. 02. Bid Proposal | Webform | | X |
3 | Form No. 03. Joint Venture Agreement | | X |
4 | Form No. 04. Similar Contract | Webform | | X |
5 | Form No. 05A. Key Personnel Proposal Table | | X |
6 | Form No. 05B. Curriculum Vitae of Key Personnel | | X |
7 | Form No. 05C. Professional Experience Table | | X |
8 | Form No. 05D. Main Construction Equipment Declaration Table | | X |
9 | Form No. 06. Incomplete Contracts in the Past | | X |
10 | Form No. 07. Bidder’s Financial Situation | | X |
11 | Form No. 08A. Financial Resources | | X |
12 | Form No. 08B. Monthly Financial Resources for Ongoing Contracts | | X |
13 | Form No. 09A. Declaration Table of Special Subbidders | | X |
14 | Form No. 09B. List of Subsidiaries and Member Companies Undertaking Parts of the Contract Work | | X |
Form No. 01 (Webform on the System)
WORK ITEM LIST
No. | Job Description(2) | Reference Volume(3) | Unit of Measure |
| | | |
| | | |
| | | |
| | | |
Note:
(1), (2), (3) To be filled out by the investor.
Form No. 02 (webform on the System)
BID APPLICATION (1)
Date: ___ [System automatically extracts]
Tender Package Name: ___ [System automatically extracts]
To: ___ [System automatically extracts]
After reviewing the E-Pre-qualification application, we:
Bidder Name: ___ [System automatically extracts], Tax ID: ___ [System automatically extracts] commits to participate in the bidding for the tender package ____ [System automatically extracts] E-Pre-qualification invitation number: ___ [System automatically extracts] according to the requirements stated in the E-Pre-qualification application.
Validity of E-Pre-qualification application: ____ [System automatically extracts]
We commit to:
1. Not being in the process of dissolution or having their business registration certificate, cooperative registration certificate, cooperative union registration certificate, or cooperative group certificate revoked, not being in a state of insolvency as per bankruptcy law (not being in the process of terminating operations or having their business registration certificate revoked for bidders that are business households).
2. Not violating the regulations on ensuring competition in bidding.
3. Having fulfilled tax declaration and payment obligations for the most recent financial year before the bid closing date.
4. Not being in a period of prohibition from participating in bidding according to bidding laws;
5. Not being prosecuted criminally (the household head is not being prosecuted criminally in case the bidder is a business household);
6. Within the 03 years preceding the bid closing date, the bidder has not had personnel (contracted employees with the bidder at the time the personnel committed the violation) convicted by the court for serious violations of bidding regulations aimed at enabling that bidder to win the bid.(2)
7. Not engaging in acts of corruption, bribery, collusion, obstruction, and other violations of bidding laws when participating in this tender.
8. Meeting the requirements on enterprise classification as specified in the E-Pre-qualification documents for construction packages with a price not exceeding 5 billion VND.
9. The information declared in the E-Pre-qualification application is truthful.
10. In the event of passing the preliminary selection, the E-Pre-qualification application and any supplementary or clarifying documents shall constitute a binding agreement between both parties until the contract is signed.
Note:
- The bid application is signed with the bidder's digital signature when the bidder submits the E-Pre-qualification application.
- E-Pre-qualification documents does not require the bidder to submit criminal records of personnel to substantiate this evaluation content.
Form No. 03 (Webform on the System)
JOINT VENTURE AGREEMENT
Date: ___ [System automatically extracts]
Tender Package: [System automatically extracts ]
Related project/purchase estimate: ____ [System automatically extracts]
Basis (1) [System automatically extracts]
Basis(1) [System automatically extracts]
Based on the E-Pre-qualification documents Tender Package: ______ System automatically extracts] with the E-Pre-qualification invitation number:__ [System automatically extracts]
We, representing the parties signing the joint venture agreement, include:
Name of the first joint venture member:____ [System automatically extracts]
Tax ID: ___ [System automatically extracts];
Represented by: Mr./Ms.:
Position:
Address:
Phone:
Name of the second joint venture member:____ [System automatically extracts]
Tax ID: ___ [System automatically extracts];
Represented by: Mr./Ms.:
Position:
Address:
Phone:
...
Name of the nth joint venture member:____ [System automatically extracts]
Tax ID: ___ [System automatically extracts];
Represented by: Mr./Ms.:
Position:
Address:
Phone:
...
The parties (hereinafter referred to as members) agree to sign a joint venture agreement with the following contents:
Article 1. General Principles
1. The members voluntarily form a joint venture to participate in the bidding for the package____ [System automatically extracts] belonging to the project/procurement estimate ____ [System automatically extracts].
2. The members agree that the name of the joint venture for all transactions related to this bidding package is: ____ [insert the name of the joint venture].
3. The members commit that no member is allowed to independently participate or form a joint venture with another bidder to participate in this bidding package. In the case of winning the bid, no member has the right to refuse to fulfill the responsibilities and obligations stipulated in the contract. If a member of the joint venture refuses to complete their individual responsibilities as agreed, that member shall be dealt with as follows:
- Compensate for damages to the parties in the joint venture;
- Compensate for damages to the Investor according to the provisions in the contract;
- Other handling measures ____ [specify other handling measures].
Article 2. Assignment of Responsibilities
The members agree to assign responsibilities to implement the package ____ [System automatically extracts] belonging to the project/procurement estimate ____ [System automatically extracts] for each member as follows:
1. Leading member of the joint venture:
The parties agree to assign ____ [System automatically extracts joint venture member] as the leading member of the joint venture, representing the joint venture in the following tasks(2):
- Use the account and digital certificate to submit E-Pre-qualification application for the entire joint venture.
[-Sign documents for transactions with the Investor, the Bidding Party during the bidding process and documents to clarify, explain E-Pre-qualification application or documents requesting the withdrawal of E-Pre-qualification application;
- Ensure the bidding guarantee for the entire joint venture;
- Participate in the process of reviewing, negotiating, and completing the contract;
- Sign the petition in case the bidder has a petition;
- Other tasks except signing the contract ____ [specify other tasks (if any)].
2. The members in the joint venture agree to assign responsibilities to perform tasks according to the table below (3):
No. | Names of the members in the joint venture | Work responsibilities | Estimated % of the assumed value |
1 | Name of the leading member of the joint venture (System automatically extracts) | - ___ - ___ | - ___% - ___% |
2 | Second member name | - ___ - ___ | - ___% - ___% |
.... | .... | .... | ...... |
Total | Total work of the package | 100% |
Article 3. Effectiveness of the joint venture agreement
1. The joint venture agreement takes effect from the date of signing.
2. The joint venture agreement terminates in the following cases:
- The parties have completed their responsibilities and obligations and proceed to liquidate the contract;
- The parties mutually agree to terminate;
- The joint venture bidder does not win the bid;
- The bid for package ____ [System automatically extracts] under the project/procurement estimate ____ [System automatically extracts] as notified by the Investor, the Bidder.
The joint venture agreement is established with the consent of all members.
LEGAL REPRESENTATIVE OF THE LEADING MEMBER OF THE JOINT VENTURE
[confirmation, digital signature]
LEGAL REPRESENTATIVE OF THE JOINT VENTURE MEMBER
[confirmation, digital signature]
Note:
(1) The system automatically updates regulatory documents according to current regulations.
(2) The division of responsibilities includes one or more tasks as stated.
(3) The bidder must specify the specific tasks and estimate the corresponding workload percentage that each member of the joint venture will perform, general responsibilities, and individual responsibilities of each member, including the leading member of the joint venture. The division of work within the joint venture must be based on the items stated in the work item list in Form No. 01; tasks not included in these items or not part of the production process for these items must not be allocated.
Form No. 04 (Webform on the System)
CONTRACT SIMILAR TO THE WORK PERFORMED BY THE CONTRACTOR
Bidder's Name: _____[insert the full name of the bidder].
Information about each contract, each contract must ensure the following information:
Contract Name and Number | [insert full name of the contract, reference number] |
Contract Signing Date | [insert day, month, year] |
Completion Date | [insert day, month, year] |
Contract Value | [insert total contract value in figures and currency signed] | Equivalent ____ VND |
If a member of a joint venture, summarize the portion of work undertaken in the joint venture and the value of the contract portion undertaken by the bidder | [summarize the portion of work undertaken in the joint venture] | [insert percentage of the contract value undertaken in total contract value; amount and currency signed] | Equivalent ___ VND |
Project/Procurement Name: | [insert the full name of the project/procurement with the contract being declared] |
Investor Name: | [insert the full name of the investor in the contract being declared] |
Address: Phone/Fax: E-mail: | [insert the full current address of the investor] [insert phone number, fax number including country code, area code] [insert e-mail address] |
Description of similarity according to the regulations in Section 2.1 Chapter III (2) |
1. Structure Type, Project Grade | [insert information in the contract] |
2. Value of Contracts Performed(3) | [insert actual value of the contract based on accepted value, contract liquidation] |
3. Scope of Implementation | [insert information in the contract] |
4. Method, Technology | [insert information in the contract] |
5. Other Contents | [insert information (if any)] |
| | | |
Note:
The bidder studies the E-Pre-qualification documents carefully and proposes similar contracts to ensure compliance with the requirements of the E-Pre-qualification documents.
(1) In the case of a consortium, each member in the consortium shall declare according to this Form. If a bidder has multiple similar contracts, each contract must be declared according to this Form.
(2) The bidder shall only declare contents similar to the requirements of the bidding package.
(3) If the contract value is not calculated in VND, it must be converted to VND based on the exchange rate as specified in Section 2.1 Chapter III for evaluation purposes.
Form No. 05A (webform on the System)
PROPOSAL TABLE FOR KEY PERSONNEL
The bidder must declare key personnel as specified in point a of Section 2.2 Chapter III and must demonstrate the ability to mobilize the proposed key personnel to participate in the execution of the bidding package. Key personnel may be on the bidder's payroll or mobilized by the bidder. If the key personnel proposed by the bidder in the E-Pre-qualification application do not meet the requirements or cannot prove the ability to mobilize personnel (including cases where personnel have been mobilized for another contract with overlapping working time for the execution of this bidding package), the contracting authority allows the bidder to supplement or replace them. The bidder is only allowed to supplement or replace once for each position in a reasonable time frame, but no less than 03 working days. If the bidder does not have substitute personnel that meet the requirements of the E-Pre-qualification documents, the bidder will be disqualified. In all cases, if the bidder declares personnel dishonestly, the bidder shall not be allowed to replace other personnel, the E-Pre-qualification application of the bidder will be disqualified, and the bidder will be deemed to have committed fraud according to the provisions of Clause 4, Article 16 of the Law on Bidding and shall be handled according to the provisions in point a, Clause 1, Article 125 of Decree 24/2024/NĐ-CP.
No. | Full Name | Job Position |
1 | [bidder selects key personnel from their database in the System] | [specify the job position held in the bidding package] |
2 | . | |
… | | |
Form No. 05B (Webform on the System)
| PROFESSIONAL RESUME TABLE OF KEY PERSONNEL |
Personnel Information | | Current Job | |
No. | Name | National ID/Passport | Position | Date of Birth | Certifications/Qualifications | Employer's Name | Employer's Address | Position Title | Years of Service with Current Employer | Contact Person (Department Head/HR Officer) | Phone/Fax/Email |
1 | [Enter key personnel name 1] | | | | | | | | | | |
2 | [Enter key personnel name 2] | | | | | | | | | | |
… | | | | | | | | | | | |
n | [Enter key personnel name n] | | | | | | | | | | |
| | | | | | | | | | | | | | | |
The bidder must provide all required information and prepare documents for verification (certified copies of relevant degrees and certificates).
Form No. 05C (Webform on the System)
PROFESSIONAL EXPERIENCE TABLE |
No. | Key Personnel Name | From Date | To Date | Company/Project/Position/Contract/ Relevant Professional Experience and Management |
1 | [Enter key personnel name 1] | … | … | … |
| | |
| | |
2 | | | | |
| | |
| | |
… | … | | | |
List in chronological order the work history of the expert; there is no need to list jobs that are not relevant or suitable for the requested position.
The bidder must provide all requested information and prepare documents for verification during the document verification process.
Form No. 05D (Webform on the System)
TABLE OF DECLARED MAIN CONSTRUCTION EQUIPMENT
The bidder must declare the main construction equipment according to the provisions in point b of Section 2.2 Chapter III and must demonstrate the ability to mobilize these equipment to participate in the bidding package. The main construction equipment may be owned by the bidder or mobilized by the bidder. In case the main construction equipment proposed by the bidder in the E-Pre-qualification application does not meet the requirements, the contracting authority allows the bidder to supplement or replace it. The bidder is allowed to supplement or replace each equipment only once within a suitable time frame, but not less than 03 working days. If the bidder does not have a substitute equipment that meets the requirements of the E-Pre-qualification documents, the bidder will be disqualified. In all cases, if the bidder declares equipment untruthfully, the bidder will not be allowed to replace personnel or other equipment, the bidder's E-Pre-qualification application will be disqualified, and the bidder will be considered fraudulent under the provisions of Clause 4, Article 16 of the Bidding Law and will be handled according to the regulations in point a, Clause 1, Article 125 of Decree 24/2024/NĐ-CP.
No. | Equipment Information | Current Status |
Equipment Type | Manufacturer Name | Machine Year (Model) | Capacity | Year of Manufacture | Features | Origin | Registration/Inspection Number (if any) | Current Location of Equipment | Information on Equipment Mobilization and Usage | Equipment Source (Owned by Bidder/Leased/Rented/Specially Manufactured) |
1 | | | | | | | | | | | |
2 | | | | | | | | | | | |
… | | | | | | | | | | | |
For equipment not owned by the bidder, additional information must be declared as follows:
Owner | Agreement |
Equipment Type | Owner's Name | Owner's Address | Phone Number | Fax Number | Telex | Detailed information about the lease/rental/special equipment manufacturing agreement specific to the project and bidding package |
| | | | | | |
| | | | | | |
| | | | | | | |
Form No. 06 (Webform on the System)
UNFINISHED CONSTRUCTION CONTRACTS, EPC, EC, PC, TURNKEY DUE TO THE FAULT OF THE CONTRACTOR IN THE PAST(1)
Bidder's Name: ________________
Date: ______________________
Name of consortium bidder member (if any):_________________________
Unfinished construction contracts, EPC, EC, PC due to the fault of the bidder in the past as stipulated in Section 2.1 Chapter III |
¨ No construction contracts, EPC, EC, PC unfinished due to the fault of the bidder since January 1, __ [insert year] as stipulated in evaluation criterion 1 in the Capacity and Experience Evaluation Standards Table in Section 2.1 Chapter III. ¨ There are signed construction contracts, EPC, EC, PC that are unfinished due to the fault of the bidder since January 1, __[insert year] as stipulated in evaluation criterion 1 in the Capacity and Experience Evaluation Standards Table in Section 2.1 Chapter III. |
Year | Unfinished Contract Work | Contract Description | Total Contract Value (amount, currency type, exchange rate, value equivalent in VND) |
| | Contract Description: __________________ Client Name: ___________________ Address: _________________________ Reason for Non-completion of Contract:________________________ | |
Note:
(1) The bidder must accurately and truthfully declare any incomplete construction contracts, EPC, EC, or PC due to the bidder's fault in the past; if the contracting party discovers that the bidder has incomplete construction contracts, EPC, EC, or PC due to the bidder's fault in the past that has not been declared, the bidder will be considered to have engaged in fraudulent behavior, and the bidder's E-Pre-qualification application will be disqualified. In the case of a joint venture, each member of the joint venture must declare according to this form.
Form No. 07 (Webform on the System)
FINANCIAL STATUS OF THE CONTRACTOR (1)
Bidder's Name: ________________
Date: ______________________
Name of joint venture member (if any):_________________________
| The bidder's financial year from ___ month ___ to ___ month ____ (to be filled in by the bidder) |
| Financial data for recent years as required by E-Pre-qualification documents (The system automatically extracts based on the bidder's financial year) |
| Year 1: | Year 2: | Year 3: |
Total Assets | | | |
Total Liabilities | | | |
Net Asset Value | | | |
Annual Revenue (excluding VAT) | | | |
Average Annual Revenue (excluding VAT)(2) | (The system calculates automatically) |
Profit Before Tax | | | |
Profit After Tax | | | |
Note:
(1) In the case of a joint venture, each member of the joint venture must declare according to this form.
(2) To determine the average annual revenue (excluding VAT), the bidder divides the total revenue of the years (excluding VAT) by the number of years based on the provided information.
Annual revenue is calculated as the total revenue in the financial statements for that year (excluding VAT).
Average annual revenue (excluding VAT) = total revenue for each year (excluding VAT) as required by E-Pre-qualification documents/number of years.
In the case of newly established bidders who do not meet the number of years required by E-Pre-qualification documents, the average annual revenue (excluding VAT) will be calculated based on the number of years for which the bidder has financial data.
Annual revenue (excluding VAT) is extracted from the bidder's capability profile. If the bidder finds that the annual revenue (excluding VAT) in their capability profile has not been updated by the Electronic Tax System and the National Business Registration Information System, then the bidder must update the information on annual revenue (excluding VAT) in their capability profile to participate in the bidding but ensure that it is consistent with the data the bidder has declared on the Electronic Tax System at the time of bid closing. In this case, the bidder must prepare documents to compare the information declared by the bidder during the document verification process as follows:
Copies of the financial reports (including all relevant notes, balance sheets, and income statements) for the years mentioned above, complying with the following conditions:
1. Reflecting the financial status of the bidder or joint venture member (if it is a joint venture bidder) and not the financial status of an affiliated entity such as a parent company related to a subsidiary or an entity affiliated with the bidder or joint venture member.
2. The financial reports must be complete and fully compliant as per the regulations.
3. The financial reports must correspond to the completed accounting periods accompanied by a certified copy of one of the following documents:
- Minutes of tax finalization inspection;
- Self-assessment tax declaration (value-added tax and corporate income tax) with confirmation from the tax authority regarding the date of submission of the declaration;
- Documentation proving that the bidder has filed electronic tax declarations;
- Confirmation document from the tax management authority (confirming the total payments for the year) regarding tax obligations;
- Audit report (if any);
- Other documents.
The above documents must be consistent with the data declared by the bidder on the Electronic Tax System at the time of bid closing
Form No. 08A (Webform on the System)
FINANCIAL RESOURCES (1)
Specify the expected financial resources, such as highly liquid assets(2), available credit limits (unused credit limits)(*) or other financial sources (excluding advance payments under contracts) available to meet the financial resource requirements outlined in Form No. 08B of this Chapter.
Financial resources of the bidder |
No. | Financial Source | Amount (VND) |
1 | | |
2 | | |
3 | | |
4 | | |
5 | | |
… | | |
Total financial resources of the bidder (TNL) | |
Note:
(1) Each bidder or joint venture member must provide information about their financial resources, along with supporting documents.
The financial resources that the bidder plans to mobilize for the bid package are calculated using the following formula:
NLTC = TNL – ĐTH
Where:
- NLTC is the financial resources that the bidder plans to mobilize for the bid package;
- TNL is the total financial resources of the bidder (as stated in this Form);
- ĐTH is the total monthly financial resource requirements for contracts being executed (as stated in Form No. 08B).
The bidder is assessed to meet the financial resource requirements for the bid package if the planned financial resources to be mobilized (NLTC) are at least equal to the value required in evaluation criterion 3.3 Table No. 01: Financial capacity and experience evaluation criteria Section 2.1 Chapter III.
In cases where the bidder has submitted a commitment to provide credit from a legally operating credit institution in Vietnam, promising to provide credit to the bidder for the package under consideration, fulfilling the requirements set forth in evaluation criterion 3.3 of the financial capacity and experience evaluation standards Table Section 2.1 Chapter III, the bidder is deemed to meet the financial resource requirements for the bid package. The commitment to provide credit includes conditions for the bank to grant credit as per the provisions of law on credit and is still acceptable; besides using the commitment to provide credit, the bidder must also declare information according to this Form and Form No. 08B.
(2) High liquidity assets are cash and cash equivalents, short-term financial instruments, marketable securities, easily sellable securities, trade receivables, short-term financial receivables, and other assets that can be converted into cash within one year.
(*) Available credit limit (unused limit) is the total remaining credit limit in all credit contracts that the bidder is allowed to use.
Form No. 08B (Webform on the System)
MONTHLY FINANCIAL RESOURCES
FOR CURRENT CONTRACTS (1)
No. | Contract Name | Contact Person of the Investor (address, phone, fax) | Contract Completion Date | Remaining Contract Duration in Months (A)(2) | Unpaid Contract Value, including tax (B)(3) | Monthly Financial Resource Requirement (B/A) |
1 | | | | | | |
2 | | | | | | |
3 | | | | | | |
4 | | | | | | |
… | | | | | | |
A. Total monthly financial resource requirements for current contracts (ĐTH) | |
Note:
(1) Each bidder or joint venture member must provide the information stated below to calculate the total financial resource requirements, which is the sum of: (i) the current commitments of the bidder (or each member of the joint venture) in all contracts that the bidder (or each member of the joint venture) is executing or will execute; (ii) the financial resource requirements for the contract under consideration. Additionally, the bidder must also provide information on any other financial obligations that could significantly affect the execution of the contract under consideration if the bidder is awarded the contract.
(2) Remaining contract duration is calculated as of 28 days prior to the bid closing date.
(3) Remaining contract value that has not been paid is calculated as of 28 days prior to the bid closing date.
Form No. 9A (Webform on the System)
SPECIAL SUBCONTRACTOR DISCLOSURE TABLE(1)
The bidder must provide supporting documents to meet the requirements specified in Clause 2.3 Section 2 Chapter III.
No. | Name of Special Subbidder(2) | Scope of Work(3) | Volume of Work(4) | Contract or Agreement Document with Special Subbidder (5) |
1 | | | | |
2 | | | | |
3 | | | | |
4 | | | | |
… | | | | |
Note:
(1) In case of using a special subbidder, declare according to this form.
(2) The bidder specifies the name of the special subbidder.
(3) The investor specifies the name of the work item that will use the special subbidder.
(4) The bidder specifies the volume of work allocated to the special subbidder.
(5) The bidder specifies the contract number or agreement document and attaches a scanned copy of these documents in the E-Pre-qualification application.
Form No. 9B (Webform on the System)
LIST OF SUBSIDIARIES AND AFFILIATES
ASSURANCE OF WORK SHARE IN THE CONTRACT(1)
No. | Name of Subsidiary or Affiliate(2) | Work Assumed in the Contract(3) | Notes |
1 | | | |
2 | | | |
3 | | | |
4 | | | |
5 | | | |
… | | | |
Note:
(1) In case the bidder participating in the bidding is a parent company (such as a Corporation) mobilizing subsidiaries or affiliates to perform part of the work in the contract, it must be specifically declared in this table. The evaluation of the bidder's experience and capacity is based on the value and volume undertaken by the parent company, subsidiary, or affiliate in the contract. If the bidder participating in the bidding is not the parent company, this form does not apply.
(2) Specify the name of the subsidiary or affiliate.
(3) Specify the work assumed by the subsidiary or affiliate.
Chapter V. TECHNICAL REQUIREMENTS
This chapter includes the requirements for the construction work, implementation plan, etc., of the construction package undergoing pre-qualification.
1. General introduction to the project
[Provide a summary of the project information such as project name, investor, funding source, investment decision, main activities of the project, project location, etc.]
2. Brief description of the construction work
[This section provides information about the type, grade, scale, nature, and complexity of the construction work, as well as construction characteristics.]
3. Implementation plan
[Specify the expected time for the implementation and completion of the work]
4. Location of the bidding package and other relevant information
[Provide information about the natural and social conditions at the construction site, transportation conditions and means, communication means, drawings and summary descriptions of the approved design, services provided by the investor to execute the work...]
This content is only assessed for bidders that are non-public units.
Bidders that are non-public units established according to the law when participating in bidding must meet the conditions stated in Section 5 E-CDNT.