Mẫu hồ sơ mời thầu cho các dự án ADB&WB tài trợ

The Asian Development Bank 

3rdFloorCornerStone Building

16 Phan Chu Trinh, Hanoi, Vietnam 

Telephone: (84-4) 39331374 

Facsimile: (84-4) 39331373

8th Floor, 63 Ly Thai To, Hanoi, Vietnam

Telephone: (84-4) 39346600

Facsimile: (84-4) 39346597

___________________

___________________

Andrew Head

Michel J. Welmond 

Deputy Country Director for Vietnam

Southeast Asia Department

Asian Development Bank

Acting Country Director for Vietnam

East Asia and Pacific Region

World Bank

Ngân hàng Phát triển châu Á 

Tầng 3, tòa nhà CornerStone 16 Phan Chu Trinh, Hà Nội, Việt Nam 

Telephone: (84-4) 3933 1374 

Facsimile:   (84-4) 3933 1373

Tầng 8, 63 Lý Thái Tổ, Hà Nội, Việt Nam

Telephone: (84-4) 3934 6600

Facsimile:   (84-4) 3934 6597

___________________

___________________

Andrew Head

Michel J. Welmond 

Phó Giám đốc Quốc gia tại Việt Nam

Vụ Đông Nam Á

Ngân hàng Phát triển châu Á

Quyền Giám đốc Quốc gia tại Việt Nam

Khu vực Đông Á và Thái Bình Dương

Ngân hàng Thế giới

1. General

1. Scope of bid

1.1. The Purchaseras specified in the Bid Data Sheet(BDS) issues the Bidding Document for selection of Bidder to supply of Goods and Related Services incidental thereto as specified in Section VII, Schedule of Requirements.

1.2. Title of the procurement package is stated in the BDS. The number and identification of lots comprising this procurement package are provided in the BDS.

1.3. Throughout these Bidding Documents:

1. the term “in writing” means communicated in written form (e.g. by mail, e-mail, fax, telex) with proof of receipt;

2. if the context so requires, “singular” means “plural” and vice versa; and

3. “day” means calendar day.

2. Source of Funds

2.1    Social Republic of Vietnam (hereinafter called “Borrower”) has applied for or received financing (hereinafter called “funds”) from the financing institution named in the BDS(hereinafter called “the Bank”) in an amount specified in the BDS, toward the project named in the BDS. The Borrower intends to apply a portion of the funds to eligible payments under the contract(s) for which this Bidding Document is issued.

2.2   Payments by the Bank will be made only at the request of the Borrower and upon approval by the Bank in accordance with the terms and conditions of the financing agreement between the Borrower and the Bank (hereinafter called the Financing Agreement), and will be subject in all respects to the terms and conditions of that Financing Agreement. No party other than the Borrower shall derive any rights from the Financing Agreement or have any claim to the funds.

3. Corrupt and Fraudulent Practices

3.1 The Bank requires compliance with its policy in regard to corrupt and fraudulent practices as set forth in Section VI.

3.2 In further pursuance of this policy, Bidders shall permit and shall cause its agents (where declared or not), sub-contractors, sub-consultants, service providers or suppliers and to permit the Bank to inspect all accounts, records and other documents relating to the submission of the application, bid submission (in case prequalified), and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank.

4. Eligible Bidders

1. A Bidder may be a firm that is a private entity, a government-owned entity—subject to ITB 4.5—or any combination of such entities in the form of a joint venture (JV) under an existing agreement.  In the case of a joint venture, all members shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the bidding process and, in the event the JV is awarded the Contract, during contract execution. Unless specified in the BDS, there is no limit on the number of members in a JV.

2. A Bidder shall not have a conflict of interest. All Bidders found to have a conflict of interest shall be disqualified.  A Bidder may be considered to be in a conflict of interest with one or more parties in this bidding process, if including but not limited to: 

1. they have controlling shareholders in common; or

2. they receive or have received any direct or indirect subsidy from any of them; or

3. they have the same legal representative for purposes of this bid; or

4. they havea relationship with each other, directly or through common third parties, that puts them in a position to have access to material information about or improperly influence the bid of another Bidder, or influence the decisions of the Purchaser regarding this bidding process; or

5. a Bidderparticipates in more than one bid in this bidding process, either individually or as a partner in a joint venture, except for alternative offers permitted under ITB Clause 13. Participation by a Bidder in more than one Bid will result in the disqualification of all Bids in which such Bidder is involved. However, subject to any finding of a conflict of interest in terms of ITB 4.2 (a) - (d) above, this does not limit the inclusion of the same subcontractor in another bid or of a firm as a subcontractor in more than one bid; or 

6. a Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the goods that are the subject of the bid; or

7. a Bidderor any of its affiliates has been hired (or is proposed to be hired) by the Purchaser or Borrower for the Contract implementation; or

8. would be providing goods, works, or non-consulting services resulting from or directly related to consulting services for the preparation or implementation of the project specified in the BDS ITB 2.1 that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm; or

9. has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who: (i) are directly or indirectly involved in the preparation of the bidding documents or specifications of the contract, and/or the bid evaluation process of such contract; or (ii) would be involved in the implementation or supervision of such contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to the Bank throughout the procurement process and execution of the contract.

3. ABidder and all parties constituting the bidder, shall have the nationality of an eligible country in accordance with Section V (Eligible Countries). ABidder shall be deemed to have the nationality of a country if the Bidder is constituted, incorporated or registered in and operates in conformity with the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be.  This criterion also shall apply to the determination of the nationality of proposed sub-contractors or sub-consultants for any part of the Contract including related Services.

4. A Bidder shall not be eligible to participate in any procurement activities under a Bank financed or Bank supported project while under sanction by the Bank pursuant to its Policy set forth in Section VI, whether such sanction was directly imposed by the Bank, or imposed by the Bank pursuant to the Agreement for Mutual Enforcement of Debarment Decisions ortemporary suspension by the Bank pursuant to its Policy set forth in Section VI. A bid from a debarred or temporarily suspended firm will be rejected. The list of the debarred firms and individuals is available at the electronic address specified in the BDS

5. Bidders that are Government-owned enterprises or institutions in Vietnam may participate only if they can establish that they (i) are legally and financially autonomous (ii) operate under commercial law, and (iii) are not dependent agencies of the Purchaser and the executing agency of the project as specified in the BDS. 

6. Firms and individuals may be ineligible if so indicated in Section V and (a) as a matter of law or official regulations, Vietnam prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the supply of goods or the contracting of works or services required and complies with the Bank's policies on recognition of national sanctions; or (b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, Vietnam prohibits any import of goods or contracting of works or services from that country, or any payments to any country, person, or entity in that country.

4.7    A Bidder shall provide such evidence of eligibility satisfactory to the Purchaser, as the Purchasershall reasonably request.

5. Eligible Goods and,Related Services

5.1    All the Goods and Related Services to be supplied under the Contract and financed by the Bank may have their origin in any country in accordance with Section V, Eligible Countries.

2. For purposes of this Clause, the term"goods" includes commodities rawmaterials, machinery, equipment, and industrial plants; and “related services” includes services such as insurance, installation, training, and initial maintenance.

3. The term“origin” means the country wherethe goods have been mined, grown, cultivated, produced, manufactured or processed; or, through manufacture, processing, or assembly, another commercially recognized product results that differs substantially in its basic characteristics from its components.

4. The nationality of the firm that produces, assembles, distributes or sells the goods shall not determine their origin.

2. Contents of Bidding Document

6. Sections of Bidding Document
 

6.1  The Bidding Documents consist of Parts 1, 2, and 3, which include all the Sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB 8
 

Part 1  Bidding Procedures
 

• SectionI. Instructions to Bidders (ITB)

• Section II. Bidding Data Sheet (BDS)

• Section III. Evaluation and Qualification Criteria

• Section IV. Bidding Forms

• Section V. Eligible Countries

• Section VI. Bank Policy-Corrupt and Fraudulent      Practices
   

PART 2   Supply Requirements
 

• Section VII. Schedule of Requirements

PART 3   Conditions and Forms of Contract

• Section VIII. General Conditions of Contract (GCC)

• Section XII. Special Conditions of Contract (SCC)

• Section XIII. Contract Forms.

6.2  The Invitation for Bids issued by the Purchaser is not part of        the Bidding Document.

6.3. Unless obtained directly from the Purchaser, the Purchaser is not responsible for the completeness of the document, responses to requests for clarification, or Addenda to the Bidding Document in accordance with ITB 8. In case of any contradiction, documents obtained directly from the Purchaser shall prevail.

6.4   The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents and to furnish with its Bid all information or documentation as required by the Bidding Documents.

7. Clarification of Bidding Documents,

7.1 A Bidder requiring any clarification of the Bidding Document shall contact the Purchaser in writing at the Purchaser’s address specified in the BDS The Purchaser will respond in writing to any request for clarification, provided that such request is received no later than number of days specified in the BDS prior to the deadline for submission of bids.  The Purchaser shall forward copies of its response to all Bidders who have acquired the Bidding Documents from the Purchaser in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. Should the clarification result in changes to the essential elements of the Bidding Documents, the Purchaser shall amend the Bidding Documents following the procedure under ITB 8 and ITB 22.2.

8. Amendment of Bidding Document

8.1   At any time prior to the deadline for submission of bids, the Purchaser may amend the Bidding Documents by issuing addenda.

8.2Any addendum issued shall be part of the Bidding Document and shall be communicated in writing to all bidders who have obtained the Bidding Document from the Purchaser in accordance with ITB 6.3.

8.3  Thetime to send the addendum of Bidding Document to all Bidders who have acquired the Bidding Documents from the Purchaser shall be stipulatedin the BDS. To give prospective Bidders reasonable time in which to take an addendum into account in preparing their bids, the Purchaser may, at its discretion, extend the deadline for the submission of bids, pursuant to ITB 22.2. The Bidders are required to notify the Purchaser in writing that the addendum has been received by one of the following methods: sending letter directly, by post, fax or email.

3. Preparation of Bids

9. Cost of Bidding

9.1   The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the Purchaser shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

10. Language of Bid

10.   The Bid, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Purchaser, shall be written in Vietnamese. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages into the Vietnamese, in which case, for purposes of interpretation of the Bid, such translation shall govern.

11. Documents Comprising the Bid

11.1 The Bid shall comprise the following:
 

1. Letter of Bid in accordance with ITB12;
    

2. Completed schedules, in accordance with ITB 12 and 14;
    

3. Bid Security, in accordance with ITB 19.1;
    

4. written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB 20.2

5. documentary evidence in accordance with ITB 17establishing the Bidder’s qualifications to perform the contract if its bid is accepted;
    

6. documentary evidence in accordance with ITB 17 establishing the Bidder’s eligibility to bid;

7. documentary evidence in accordance with ITB 16, that the Goods and Related Services to be supplied by the Bidder are of eligible origin;
    

8. Documentary evidence in accordance with ITB 16 and 30, that the Goods and Related Services conform to the Bidding Documents;
    

9. Alternative bids, if permissible, in accordance with ITB 13;
    

10. Agreement of JV   in case the Bidder is a  JV.;

11.  Any other document required in the BDS.
     

11.2 The Bidder shall furnish in the Letter of Bid information on commissions and gratuities, if any, paid or to be paid to agents or any other party relating to this Bid.

12. Letter of Bid and Price Schedules

12.1 The Letter of Bid and Price Schedules shall be prepared using the relevant forms furnished in Section IV, Bidding Forms. 

13. Alternative Bids

13.1 Unless otherwise specified in theBDS, alternative bids shall not be considered

14.Bid Prices and Discounts

1. The prices and discounts quoted by the Bidder in the Letter of Bid and in the Price Schedules shall conform to the requirements specified below.

2. All lots (contracts) and items must be listed and priced separately in the Price Schedules.  

3. The price to be quoted in the Letter of Bid in accordance with ITB 12.1 shall be the total price of the bid, excluding any discounts offered. 

4. The Bidder shall quote any discounts and indicate the methodology for their application in the Letter of Bid, in accordance with ITB 12.1.

5. Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the Contract and not subject to variation on any account, unless otherwise specified in the BDS A bid submitted with an adjustable price quotation shall be treated as nonresponsive and shall be rejected, pursuant to ITB 29. However, if in accordance with the BDS, prices quoted by the Bidder shall be subject to adjustment during the performance of the Contract, a bid submitted with a fixed price quotation shall not be rejected, but the price adjustment shall be treated as zero.

6. If so specified in ITB 1.1, bids are being invited for individual lots (contracts) or for any combination of lots (packages).  Unless otherwise specified in the BDS, prices quoted shall correspond to 100 % of the items specified for each lot and to 100% of the quantities specified for each item of a lot.  Bidders wishing to offer discounts for the award of more than one Contract shall specify in their bid the price reductions applicable to each package, or alternatively, to individual Contracts within the package. Discounts shall be submitted in accordance with ITB 14.4 provided the bids for all lots (contracts) are opened at the same time.

7. The term EXW shall be governed by the rules prescribed in the current edition of Incoterms, published by The International Chamber of Commerce, as specified in theBDS.

14.8 Prices shall be quoted as specified in each Price Schedule included in Section IV, Bidding Forms. The dis-aggregation of price components is required solely for the purpose of facilitating the comparison of bids by the Purchaser Prices shall be entered in the following manner:

(i) the price of the Goods quoted EXW (ex-works, ex-factory, ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customs duties and sales and other taxes already paid or payable on the components and raw material used in the manufacture or assembly of the Goods; 

(ii)   any sales tax and other taxes which will be payable on the Goods in Vietnam if the contract is awarded to the Bidder; and

(iii) the price for inland transportation, insurance, and other local services required to convey the Goods to their final destination (Project Site) (inclusive of any applicable taxes) specified in the BDS.

14.9  For Related Services, other than inland transportation and other services required to convey the Goods to their final destination, whenever such Related Services are specified in the Schedule of Requirements:

(a) the price of each item comprising the Related Services (inclusive of any applicable taxes).

15. Currencies of Bid and Payment

15.1 The currency of the bid and the currency of payments shall be Vietnamese Dong.

16.Documents Establishing the Eligibility and Conformity of the Goods and Related Services

1. To establish the eligibility of the Goods and Related Services in accordance with ITB 5, Bidders shall complete the country of origin declarations in the Price Schedule Forms, included in Section IV, Bidding Forms.

2. To establish the conformity of the Goods and Related Services to the Bidding Documents, the Bidder shall furnish as part of its Bid the documentary evidence that the Goods conform to the technical specifications and standards specified in Section VII, Schedule of Requirements.

3. The documentary evidence may be in the form of literature, drawings or data, and shall consist of a detailed item by item description of the essential technical and performance characteristics of the Goods and Related Services, demonstrating substantial responsiveness of the Goods and Related Services to the technical specification, and if applicable, a statement of deviations and exceptions to the provisions of the Section VII, Schedule of Requirements.

4. The Bidder shall also furnish a list giving full particulars, including available sources and current prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the Goods during the period specified in theBDS following commencement of the use of the goods by the Purchaser.

16.5.  Standards for workmanship, process, material, and equipment, as well as references to brand names or catalogue numbers specified by the Purchaser in the Schedule of Requirements, are intended to be descriptive only and not restrictive. The Bidder may offer other standards of quality, brand names, and/or catalogue numbers, provided that it demonstrates, to the Purchaser’s satisfaction, that the substitutions ensure substantial equivalence or are superior to those specified in the Section VII, Schedule of Requirements.

17. Documents Establishing the Eligibility and Qualifications of the Bidder()
 

17.1. To establish Bidder’s their eligibility in accordance with ITB 4, Bidders shall complete the Letter of Bid, included in Section IV, Bidding Forms.
 

2. The documentary evidence of the Bidder’s qualifications to perform the contract if its bid is accepted shall establish to the Purchaser’s satisfaction: 

   1. that, if required in theBDS, a Bidder that does not manufacture or produce the Goods it offers to supply shall submit the Manufacturer’s Authorization using the form included in Section IV, Bidding Forms to demonstrate that it has been duly authorized by the manufacturer or producer of the Goods to supply these Goods in Vietnam;

   2. that, if required in theBDS,in case of a Bidder not doing business within Vietnam, the Bidder is or will be (if awarded the contract) represented by an Agent in the country equipped and able to carry out the Supplier’s maintenance, repair and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications; and

(c)      that the Bidder meets each of the qualification criterion    specified in Section III, Evaluation and Qualification Criteria.

18. Period of Validity of Bids

1. Bids shall remain valid for the period specified in theBDS after the bid submission deadline date prescribed by the Purchaser in accordance with ITB 22.1. A bid valid for a shorter period shall be rejected by the Purchaser as nonresponsive.

18.2 In exceptional circumstances, prior to the expiration of the bid validity period, the Purchaser may request bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. The Bid Security as requested in accordance with ITB 19 shall also be extended for 30 days beyond the deadline of the extended validity period. If a bidder refuses to extend its bid validity as required, the bid shall not be further evaluated and its bid security will be returned. A Bidder granting the request shall not be required or permitted to modify its bid.

19. Bid Security
 

19.1 The Bidder shall furnish as part of its bid a bid security in a form of unconditional guarantee issued by a bank or financial institution which is legally operating in Vietnam or in the form of a certified check in accordance with ITB 19.2. In the case of a bank guarantee, the bid security shall be submitted either using the bid security Form included in Section IV, Bidding Forms, or in another substantially similar format approved by the Purchaser prior to bid submission. The bid security shall be valid for thirty (30) days beyond the original validity period of the bid, or beyond any period of extension if requested under ITB 18.2

19.2 In case of Joint Venture, the bid security shall comply with one of the following :

1. Each JV partners shall provide a separate bid security;however, the aggregate amount of bid securities submitted by all JV partners must meet the requirement specified in Bid Data Sheet ITB 19.2. If the bid security of any JV partner is determined to be nonresponsive, the bid of the JV shall be rejected. If any JV partner is in breach of the rules resulting in forfeiture of bid security in accordance with ITB 19.6, then bid securities of all JV partners shall be forfeited.   

 b)   All partners of the JV shall nominate one partner to arrange a single bid security for itself and all other partners in the JV. In this case, the bid security shall be in the name of the JV or the name of the partner who arranges the bid security for the entire JV provided that the total amount is not less than the required amount in Bid Data Sheet ITB 19.2. If any JV partner is in breach of the rules resulting in forfeiture of the bid security in accordance with ITB 19.6, the bid security shall be forfeited.

20. Format and Signing of Bid

20.1 The Bidder shall prepare one original of the documents comprising the bid as described in ITB 11 and clearly mark it “Original.” Alternative bids, if permitted in accordance with ITB 13, shall be clearly marked “Alternative.” In addition, the Bidder shall submit copies of the bid, in the number specified in the BDS and clearly mark them “Copy”.In the event of any discrepancy between the original and the copies, the original shall prevail

20.2 The original of the bid shall be typed or written in indelible ink and numbered pages continuously. Letter of Bid, , supplementary documents, clarifications to bid, price schedules and other schedules in Chapter IV – Bidding forms shall be signed by a person duly authorized to sign on behalf of the Bidder and be stamped. This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the bid. The name and position held by each person signing the authorization must be typed or printed below the signature. All pages of the bid where entries or amendments have been made shall be signed or initialed by the person signing the bid.

20.3 In case the Bidder is a JV, the Bid shall be signed by an authorized representative of the JV on behalf of the JV, and so as to be legally binding on all the members as evidenced by a power of attorney signed by their legally authorized representatives.

20.4 Any inter-lineation, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the bid

4. Submission and Opening of Bids

21. Sealing and Marking of Bids

21.1 The Bidder shall enclose the original and all copies of the bid, including alternative bids, if permitted in accordance with ITB 13, in separate sealed envelopes, duly marking the envelopes as “Original”, or “Alternative” and “Copy.” These envelopes containing the original and the copies shall then be enclosed in one single envelope.

2. The inner and outer envelopes shall:

1. bear the name and address of the Bidder;

2. be addressed to the Purchaser in accordance with ITB 22.1;

3. bear the specific identification of this bidding process indicated in ITB 1.1; and

4. bear a warning not to open before the time and date for bid opening.

21.3 If all envelopes are not sealed and marked as required, the Purchaser will assume no responsibility for the misplacement or premature opening of the bid.

22. Deadline for Submission of Bids

22.1   Bids must be received by the Purchaserat the address and no later than the date and time specifiedin theBDS.

22.2  The Purchaser may at its discretion, extend the deadline for the submission of bids by amending the Bidding Documents in accordance with ITB 8, in which case all rights and obligations of the Purchaser and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

23. Late Bids

23.1 The Purchaser shall not consider any bid that arrives after the deadline for submission of bids in accordance with ITB 22.  Any bid received by the Purchaser after the deadline for submission of bids shall be declared late, rejected, and returned unopened to the Bidder.

24. Withdrawal, Substitution, and Modification of Bids

1. A Biddermaywithdraw, substituteormodifyits bidafter it has been submitted by sendinga written notice,duly signed by an authorized representative, and shall include a copy of the authorization (the power of attorney) in accordance with ITB 20.2. The corresponding substitution or modification of the bid must accompany the respective written notice. All notices must be:

1. prepared and submitted in accordance with ITB 20 and 21 (except that withdrawal notices do not require copies), and in addition, the respective envelopes shall be clearly marked “Withdrawal,” “Substitution,” or “Modification;” and

2. received by the Purchaser prior to the deadline prescribed for submission of bids, in accordance with ITB 22.

2. Bids requested to be withdrawn in accordance with ITB 24.1 shall be returned unopened to the Bidders.

24.3  No bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Letter of Bid or any extension thereof.

25. Bid Opening

25.1. Except in the cases specified in ITB 23 and 24, the Purchaser shall publicly open and read out in accordance with ITB 25.3 all bids received by the deadlineat the date,  time and place specified in theBDSin the presence of Bidders’ designated representatives and anyone who chooses to attend.
 

25.2. First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with the corresponding bid shall not be opened, but returned to the Bidder. No bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is read out at bid opening. Next, envelopes marked “SUBSTITUTION” shall be opened and read out and exchanged with the corresponding bid being substituted, and the substituted bid shall not be opened, but returned to the Bidder. No bid substitution shall be permitted unless the corresponding substitution notice contains a valid authorization to request the substitution and is read out at bid opening. Envelopes marked “MODIFICATION” shall be opened and read out with the corresponding bid. No bid modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification and is read out at bid opening. Only bidsthat are opened and read out at bid opening shall be considered further.
 

25.3. All other envelopes shall be opened one at a time following the alphabetical sequence of the Bidders’ names and  sequence below:
 

a)       Examine the seals;
 

b)    Open bids and read out: the name of the Bidder and whether there is a modification; the total Bid Price, per lot (contract) if applicable, including any discounts and alternative bids; the presence or absence of a bid security; and any other details as the Purchaser may consider appropriate. Only discounts and alternative bids read out at bid opening shall be considered for evaluation.
 

c)    The Letter of Bid and the Price Schedules shall be initialized by the representative of the Purchaser participating in the Bid Opening. No bid shall be rejected at bid opening (except for late bids in accordance with ITB 23) nor shall the merit of any bidbe discussed.
 

25.4. The Purchaser shall prepare a record of the bid opening that shall include, as a minimum: the name of the Bidder and whether there is a withdrawal, substitution, or modification; the Bid Price, per lot (contract) if applicable, including any discounts, and alternative bids; and the presence or absence of a Bid Security. The Bidders’ representatives who are present shall be requested to sign the record. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders.

5. Evaluation and Comparison of Bids

26. Confidentiality

26.1. Information relating to the evaluation of bids and recommendation of contract award, shall not be disclosed to bidders or any other persons not officially concerned with the bidding process until information on Contract Award is communication to all Bidders in accordance with ITB 40. 

2. Any effort by a Bidder to influence the Purchaser in the evaluation or contract award decisions may result in the rejection of its Bid.

26.3  Notwithstanding ITB 26.2, from the time of bid opening to the time of Contract Award, if any Bidder wishes to contact the Purchaser on any matter related to the bidding process, it should do so in writing.

27. Clarification of Bids
 

1. To assist in the examination, evaluation, comparison of the bids, and qualification of the Bidders, the Purchaser may, at its discretion, ask any Bidder for a clarification of its Bid. Any clarification submitted by a Bidder in respect to its Bid and that is not in response to a request by the Purchaser shall not be consideredThe Purchaser’s request for clarification and the response shall be in writing. No change, including any voluntary increase or decrease, in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Purchaser in the Evaluation of the bids, in accordance with ITB 31.

2. If a Bidder does not provide clarifications of its bid by the date and time set in the Purchaser’s request for clarification, its bid may be rejected.
    

28. Deviations, Reservations, and Omissions
 

1. During the evaluation of bids, the following definitions apply:

1. “Deviation” is a departure from the requirements specified in the Bidding Documents; 

2. “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Bidding Documents; and

3. “Omission” is the failure to submit part or all of the information or documentation required in the Bidding Documents.

29. Determination of Responsiveness

1. The Purchaser’s determination of a bid’s responsiveness is to be based on the contents of the bid itself, as defined in ITB 11. 

2. A substantially responsive Bid is one that meets the requirements of the Bidding Documents without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that:

1. if accepted, would 

   1. affect in any substantial way the scope, quality, or performance of the Goods and Related Services specified in the Contract; or

   2. limit in any substantial way, inconsistent with the Bidding Documents, the Purchaser’s rights or the Bidder’s obligations under the Contract; or

2. if rectified, would unfairly affect the competitive position of other bidders presenting substantially responsive bids.

3. The Purchaser shall examine the technical aspects of the bid submitted in accordance with ITB 16 and ITB 17, in particular, to confirm that all requirements of Section VII, Schedule of Requirements have been met without any material deviation or reservation, or omission. 

 29.4 If a bid is not substantially responsive to the requirements of Bidding Documents, it shall be rejected by the Purchaser and may not subsequently be made responsive by correction of the material deviation, reservation, or omission.

30. Nonconformities, Errors and Omissions

1. Provided that a Bid is substantially responsive, the Purchaser may waive any nonconformities in the Bid that do not constitute a material deviation, reservation or omission. 

2. Provided that a bid is substantially responsive, the Purchaser may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the bid related to documentation requirements.  Such omission shall not be related to any aspect of the price of the Bid.  Failure of the Bidder to comply with the request may result in the rejection of its Bid.

30.3 Provided that a bid is substantially responsive, the Purchaser shall rectify quantifiable nonmaterial nonconformities related to the Bid Price.  To this effect, the Bid Price shall be adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or component. 

31.Correction of Arithmetical Errors

1. Provided that the Bid is substantially responsive, the Purchaser shall correct arithmetical errors on the following basis:

1. if there is a discrepancy between the unit price and the line item total that is obtained by multiplying the unit price by the quantity, the unit price shall prevail and the line item total shall be corrected, unless in the opinion of the Purchaser there is an obvious misplacement of the decimal point in the unit price, in which case the line item total as quoted shall govern and the unit price shall be corrected;

2. if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and

3. if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above.

31.2 Bidders shall be requested to accept correction of    arithmetical errors. If the Bidder that submitted the lowest evaluated Bid does not accept the correction of errors, its Bid shall be rejected, and its bid security may be forfeited.

32.Evaluation of Bids

32.1  The Purchaser shall use the criteria and methodologies listed in this Clause. No other evaluation criteria or methodologies shall be permitted.

32.2   To evaluate a Bid, the Purchaser shall consider the following:

1. evaluation will be done for Items or Lots (contracts), as specified in the BDS; and the Bid Price as quoted in accordance with clause 14;

2. price adjustment for correction of arithmetic errors in accordance with ITB 31.1;

3. price adjustment due to discounts offered in accordance with ITB 14.4;

4. price adjustment due to quantifiable nonmaterial nonconformities in accordance with ITB 30.3;

5. the additional evaluation factors are specified in Section III, Evaluation and Qualification Criteria;

3. The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be taken into account in bid evaluation.

4. If these Bidding Documents allows Bidders to quote separate prices for different lots (contracts), the methodology to determine the lowest evaluated price of the lot (contract) combinations, including any discounts offered in the Letter of Bid Form, is specified in Section III, Evaluation and Qualification Criteria

5. The Purchaser’s evaluation of a bid may require the consideration of other factors, in addition to the Bid Price quoted in accordance with ITB 14. These factors may be related to the characteristics, performance, and terms and conditions of purchase of the Goods and Related Services. The effect of the factors selected, if any, shall be expressed in monetary terms to facilitate comparison of bids, unless otherwise specified in the BDS from amongst those set out in Section III, Evaluation and Qualification Criteria.  The criteria and methodologies to be used shall be as specified in ITB 32.2 (e).

33.Comparison of Bids

33.1 The Purchaser shall compare the evaluated prices of all substantially responsive bids established in accordance with ITB 32.2 to determine the lowest evaluated bid. The comparison shall be on the basis ofEXW prices, plus cost of inland transportation and insurance to place of destination, together with prices for any required installation, training, commissioning and other services. The evaluation of prices shall take into account sales and similar taxes levied in connection with the sale or delivery of goods.

34. Qualification of the Bidder

34.1 The Purchaser shall determine to its satisfaction whether the Bidder that is selected as having submitted the lowest evaluated and substantially responsive bid meets the qualifying criteria specified in Section III, Evaluation and Qualification Criteria

34.2 The determination shall be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB 17

34.3 An affirmative determination shall be a prerequisite for award of the Contract to the Bidder.  A negative determination shall result in disqualification of the bid, in which event the Purchaser shall proceed to the next lowest evaluated bid to make a similar determination of that Bidder’s qualifications to perform satisfactorily.

35. Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids

35.1 The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to contract award, without thereby incurring any liability to Bidders. In case of annulment, all bids submitted and specifically, bid securities, shall be promptly returned to the Bidders.

6. AWARD OF CONTRACT

36.Award Criteria

36.1 Subject to ITB 35.1, The Purchaser shall award the Contract to the Bidder whose bid  has been determined to be the lowest evaluated bid and is substantially responsive to the Bidding Documents, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily.

37. Purchaser’s Right to Vary Quantities at Time of Award

37.1 At the time the Contract is awarded, the Purchaser reserves the right to increase or decrease the quantity of Goods and Related Services originally specified in Section VII, Schedule of Requirements, provided this does not exceed the percentages specified in the BDS, and without any change in the unit prices or other terms and conditions of the bid and the Bidding Documents.

38. Notification of Award

38.1  Prior to the expiration of the period of bid validity, the Purchaser shall notify the successful Bidder, in writing, that its Bid has been accepted. The notification letter (hereinafter and in the Conditions of Contract and Contract Forms called the “Letter of Acceptance”) shall specify the sum that the Purchaser will pay the Supplier in consideration of the supply of Goods (hereinafter and in the Conditions of Contract and Contract Forms called “the Contract Price”).  At the same time, the Purchaser shall also notify all other Bidders of the results of the bidding and shall publish in Procurement Gazette or well-known freely accessible website  the results identifying the bid and lot (contract) numbers and the following information: 

(i) name of each Bidder who submitted a Bid; 

(ii) bid prices as read out at Bid Opening; 

(iii) name and evaluated prices of each Bid that was evaluated; 

(iv) name of bidders whose bids were rejected and the reasons for their rejection; and 

(v) name of the successful Bidder, and the Price it offered, as well as the duration and summary scope of the contract awarded. 

38.2 Until a formal Contract is prepared and executed, the notification of award shall constitute a binding Contract.

38.3 The Purchaser shall promptly respond in writing to any unsuccessful Bidder who, after notification of award in accordance with ITB 38.1, requests in writing the grounds on which its bid was not selected.

39. Signing of Contract

39.1 Promptly after notification, the Purchaser shall send the successful Bidder the Contract Agreement. 

39.2 Within twenty-eight (28) days of receipt of the Contract Agreement, the successful Bidder shall sign, date, and return it to the Purchaser.

40. Performance Security

1. Within twenty eight (28) days of the receipt of notification of award from the Purchaser, the successful Bidder, if required, shall furnish the Performance Security in accordance with the GCC, using for that purpose the Performance Security Form included in Section X, Contract Forms, or another Form acceptable to the Purchaser. 

2. Failure of the successful Bidder to submit the above-mentioned Performance Security or sign the Contract shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security. In that event the Purchaser may award the Contract to the next lowest evaluated Bidder, whose bid is substantially responsive and is determined by the Purchaser to be qualified to perform the Contract satisfactorily.  

41. Handling of Procurement Complaints

1. The Bidder may file any complaint with respect to procurement process and/or selection result to the Purchaser and/or the Competent Person or Advisory Panel (as such terms are defined in the Vietnam Procurement Law) as specified in the BDS. The procurement complaint shall be handled in accordance with the Vietnam Procurement Law. 

Section II.  Bid Data Sheet (BDS)

The following specific data for the goods to be procured shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB).  Whenever there is a conflict, the provisions herein shall prevail over those in ITB.

[Instructions for completing the Bid Data Sheet are provided, as needed, in the notes in italics mentioned for the relevant ITB Clauses.]

A. General
 

ITB 1.1

The Purchaser is: [insert name of the Purchaser]

ITB 1.1

Name of procurement package: [insert complete package name as described in approved procurement plan]

Project title: [insert Project title as described in approved procurement plan]

The number and identification of lots comprising this procurement package is: [insert number and identification of lots (if the procurement package is divided into several lots)]

ITB 2.1

The financing institution is: [insert Asian Development Bank (ADB) or The International Bank for Reconstruction and Development or the International Development Association]

ITB 2.1

Loan or Financing Agreement amount:[insert US$ equivalent]____________________________

The name of the Project is:[insert  name of the project]

ITB 4.1

Maximum number of members  in the JV shall be: [insert a number]_______________

IITB 4.4

For ADB: Please insertthe text below and delete the text for WB:

A list of debarred firms and individuals is available on the Bank’s external website: http://www.adb.org/site/integrity/sanctions

For WB: Please insert the text below and delete the text for ADB:

A list of debarred firms and individuals is available on the Bank’s external website: http://www.worldbank.org/debarr.

ITB 4.5

The Employer: [insert name of the Employer]

The project executing agency: [insert name of the executing agency as specified in the Financing Agreement]

Firms wholly- or partly-owned by the state should submit the following documents:

- Decision of establishment

- Certificate of Business Registration

- Business Charter

- Links between members of Board of Directors, Board of Management, Supervisory Board (each as applicable) and senior management  with the ______[insert name of Purchaser and the prọject executing agency] for the contract

- Updated list of shareholders (if relevant)

- Any other relevant document that may establish/confirm the firm’s status

B. Contents of Bidding Documents

ITB 7.1

For Clarification of bid purposes only, the Purchaser’s address is:

Attention: [ [insert full name of person, if applicable]

Address:  [insert street address and number]

Floor/ Room number:   [insert  floor and room number, if applicable]

City:] [insert name of city or town]

ZIP Code:[insert postal (ZIP) code, if applicable]

Country: : Vietnam

Telephone: [insert telephone number, including country and city codes]

Facsimile number:  [insert fax number, including country and city codes]

Electronic mail address: [insert email address, if applicable]

Requests for clarification should be received by the Purchaser no later than: [insert no. of days] prior to the deadline for submissions of Bids.

ITB 8.3

The Addendum of the Bidding Document shall be sent to all bidders who have obtained the bidding document from the Purchaser. The addendum shall be sent no later than: [insert no. of days] before the bid submission deadline.

[The number of days given must be long enough for the bidder to take the addendum into account in preparing their bids and not shorter than 3 working days].

 If the Purchaser fails to send the addendum within the period as specified as above, the Purchaser shall extend the deadline for submission of Bids.

C. Preparation of Bids

ITB 11.1 (k)

The Bidder shall submit the following additional documents in its bid: [list any additional document not already listed in ITB Sub-Clause 11.1 that must be submitted with the Bid]

ITB 13.1

Alternative Bids [insert “shall be” or “shall not be”] considered.  

[If alternatives shall be considered, the methodology shall be defined in Section III – Evaluation and Qualification Criteria. See Section III for further details ]: 

ITB 14.5

The prices quoted by the Bidder [insert “shall “or “shall not”] be subject to adjustment during the performance of the Contract.

ITB 14.6

Prices quoted for each lot (contract) shall correspond at least to [insert figure] percent of the items specified for each lot (contract).

Prices quoted for each item of a lot shall correspond at least to[insert figure]percent of the quantities specified for this item of a lot.

ITB 14.7

The Incoterms edition is: [insert relevant edition].

ITB 14.8 (iii)

“Final destination (Project Site)”: [insert name of location where the Goods are to be actually delivered]

ITB 16.4

Period of time the Goods are expected to be functioning (for the purpose of spare parts): [insert duration ]

ITB 17.2 (a)

Manufacturer’s authorization is: [insert “required” or “not required”]

ITB 17.2 (b)

After sales service is: [insert “required” or “not required”]

ITB 18.1

The bid validity period shall be:……. Days from the deadline for bid submission[insert a number of days with maximum 180 days.]

ITB 19.2

Bid Security:

The amount of the bid security shall be: [Insert amount of the bid security in VND]. 

[specify value of Bid Security in VND.Depending on the nature of the package, the amount of the bid security may be equal to 1-1.5% of theestimated value of the package.].

[In case of lots, insert amount of the Bid Security for each lot.]

ITB 20.1

In addition to original of Bid, the Bidders are requested to submit: ___[insert number] copies.

ITB 20.2

The written confirmation of authorization to sign on behalf of the Bidder shall consist of: [insert the name and description of the documentation required to demonstrate the authority of the signatory to sign the Bid. Employer may wish to consider the following language:

“An organizational document, board resolution or its equivalent, or power of attorney specifying the representative’s authority to sign the Bid on behalf of the Bidder. If the Bidder is an existing joint venture, the power of attorney should be signed by all partners and specify the authority of the named representative of the joint venture to sign on behalf of the existing joint venture.”]

D.  Submission and Opening of Bids

ITB 22.1

Purchaser's address (to submit bids): [insert all necessary information as appropriate]

Recipients: [name of Purchaser]

- Number of house /floor/room: 

- Street name: 

- City:

- Country: Vietnam

The deadline for bid submission is: 

Date:[insert  day, month, and year, e.g. 15 June, 2008]

Time:  [insert time, and identify if a.m. or p.m., e.g.  10:30 a.m.]

[The date and time should be the same as those provided in the Invitation for Bids, unless subsequently amended pursuant to Clause 22.2.]

 [Insert the date, time as appropriate to the size and nature of the package. The time allowed for the preparation and submission of bids for large and/or complex packages shall not be less than thirty (30) days from the date of the invitation to bid or the date of availability of the bidding documents, whichever is later]

ITB 25.1

The bid opening shall take place at: 

Street Address:   [insert street address and number]

Floor/ Room number:   [insert  floor and room number, if applicable]

City:  [insert name of city or town]

Country:   Vietnam

Date:[insert  day, month, and year, e.g.15 June, 2008]

Time:  [insert time, and identify if a.m. or p.m. e.g.  10:30 a.m.] [Date and time should be the same as those given for the deadline for submission of bids (Clause 22).]

E. Evaluation and Comparison of Bids

ITB 32.2(a)

Evaluation will be done for……..[Select Items or  Lots(contracts)]

Note: 

[Select one of the two sample clauses below as appropriate

Bids will be evaluated for each item and the Contract will comprise the item(s) awarded to the successful Bidder.

Or

Bids will be evaluated lot by lot. If a Price Schedule shows items listed but not priced, their prices shall be assumed to be included in the prices of other items.   An item not listed in the Price Schedule shall be assumed to be not included in the bid, and provided that the bid is substantially responsive, the average price of the item quoted by substantially responsive bidders will be added to the bid price and the equivalent total cost of the bid so determined will be used for price comparison.]

ITB 32.5

The adjustments shall be determined using the following criteria, from amongst those set out in Section III, Evaluation and Qualification Criteria:  [refer to Schedule III, Evaluation and Qualification Criteria; insert complementary details if necessary] 

1. Deviation in Delivery schedule: [insert Yes or No. If yes insert the adjustment factor]

2. Deviation in payment schedule: [insert Yes or No.  If yes insert the adjustment factor]

3. the cost of major replacement components, mandatory spare parts, and service: [insert Yes  or No. If yes, insert the Methodology and criteria]

4. the availability in Vietnam of spare parts and after-sales services for the equipment offered in the bid [insert Yes  or No, If yes, insert the Methodology and criteria]

5. the projected operating and maintenance costs during the life of the equipment [insert Yes  or No, If yes, insert the Methodology and criteria]

6. the performance and productivity of the equipment offered; [InsertYes  or No. If yes, insert the Methodology and criteria] 

[insert any other specific criteria]

F. Award of Contract

ITB 37.1

The maximum percentage by which quantities may be increased is: [insert percentage, usually 15%]

The maximum percentage by which quantities may be decreased is: [insert percentage, usually 15%]

ITB 41.1 

- The Purchaser’s address: [insert name, address, tel, fax of the Purchaser]

- The Competent Person’s address:  [insert name, address, tel, fax of the Competent Person]

- The Advisory Panel:[insert name, address, tel, fax of the Advisory Panel]

1Indicate time period, normally 3 years.

1 Indicate time period, normally 3 years

2Usually not less than 2 times the estimated value of the subject contract.  

3 Usually not less than 40%

4 Usually not less than 25%

-- Note --

1Liquid assets means cash and cash equivalents, short-term financial instruments, short-term available-for-sale-securities, marketable securities, trade receivables, short-term financing receivables and other assets that can be converted into cash within ONE YEAR. It is noted that this criterion should normally be used for goods of large value and high complexity that are to be manufactured based on specific purchase orders. 

2Usually 20-30% of the estimated value of the subject contract.

1  Usually  from 1-3 contracts;

2  Insert number of years in words and figures. The range is normally three (3) to five (5) years;

3 Usually about 80% of the estimated value of the subject contract. 

The above requirement is indicative only. The Purchaser should revise and amend as appropriate based on the nature and complexity of the goods required under the contract.  

1  Indicate the percentage within the range of 50% to 100% of the Bidder’s networth

Section IV.  Bidding Forms

The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and address.

Note:  All italicized text is for use in preparing these forms and shall be deleted from the final products.

Name of Recipient

Address

Reason

Amount

1.  Bidder’s  Name  [insert Bidder’s legal name]

2.  In case of JV, legal name of each member : [insert legal name of each member  in JV]

3.  Bidder’s country of registration: [insert country of registration]

4.  Bidder’s year of registration: [insert Bidder’s year of registration]

5.  Bidder’s  Address in country of registration: [insert Bidder’s legal address in country of registration]

6.  Bidder’s Authorized Representative Information

     Name: [insert Authorized Representative’s name]

     Address: [insert Authorized Representative’s Address]

     Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]

     Email Address: [insert Authorized Representative’s email address]

1. Attached are copies of original documents of [check the box(es) of the attached original documents]

◻ Articles of Incorporation (or equivalent documents of constitution or association), and/or documents of registration of the legal entity named above, in accordance with ITB 4.3.

◻ In case of JV, JV agreement, in accordance with ITB 4.1.

◻ In case of Government-owned enterprise or institution, in accordance with ITB 4.5 documents establishing:

• Legal and financial autonomy

• Operation under commercial law

• Establishing that the Bidder is not dependent agency of the Purchaser and the Competent Person

2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.

1. Bidder’s Name: [insert Bidder’s legal name]

2. Bidder’s JV Member’s   name: [insert JV’s Member  legal name]

3. Bidder’s JV Member’s  country of registration: [insert JV’s Member  country of registration]

4. Bidder’s JV Member’s  year of registration: [insert JV’s Member year of registration]

5. Bidder’s JV Member’s legal address in country of registration: [insert JV’s Member legal address in country of registration]

6. Bidder’s JV Member’s  authorized representative information

Name: [insert name of JV’s Member  authorized representative]

Address: [insert address of JV’s Member  authorized representative]

Telephone/Fax numbers: [insert telephone/fax numbers of JV’s Member  authorized representative]

Email Address: [insert email address of JV’s Member  authorized representative]

1. Attached are copies of original documents of [check the box(es) of the attached original documents]

◻ Articles of Incorporation (or equivalent documents of constitution or association), and/or registration documents of the legal entity named above, in accordance with ITB 4.3.

◻ In case of a Government-owned enterprise or institution, documents establishing legal and financial autonomy, operation in accordance with commercial law, and absence of dependent status, in accordance with ITB 4.5.

2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.

Date:_________________________

NCB No: _____________________

Alternative No: ________________

Currency: Vietnamese Dong

Page N° ______ of ______

1

2

3

4

5

6

7

8

9

Item

N°

Description of Goods 

Delivery Date

Quanity and Physical unit

Unit price EXW 

Total  EXW price per line item

(Col. 4x5)

Price per line item for inland transportation, insurance, and other services required to convey the Goods to their final destination

Sales and other taxes payable per line item if Contract is awarded (in accordance with ITB 14.8(ii)

Total Price per line item

(Col. (6+7+8)

[insert number of the  item]

[insert name of Good]

[insert quoted Delivery Date]

[insert number of units to be supplied and name of the physical unit] 

[insert EXW unit price]

[insert total EXW price per line  item]

[insert the corresponding price per line item]

[insert sales and other taxes payable per line item if Contract is awarded]

[insert total price per item]

Price of Goods and inland transportation, insurance, and other services required to convey the Goods to their final destination

Name of Bidder  [insert complete name of Bidder]  Signature of Bidder [signature of person signing the Bid]  Date [insert date]

Price and Completion Schedule - Related Services
 

Date:_________________________

NCB No: _____________________

Alternative No: ________________

Currency: Vietnamese Dong

Page N° ______ of ______

1

2

3

4

5

6

7

Service 

N°

Description of Services (excludes inland transportation and other services required to convey the goods to their final destination) 

Country of Origin

Completion Date

Quantity and Physical unit

Unit price 

Total Price per Service 

(Col. 5*6 )

[insert number of the Service  ]

[insert name of Services]

[insert country of origin of the Services]

[insert completion date]

[insert unit price per item]

[insert total price per item]

Price for Related Services (excludes inland transportation and other services required to convey the goods to their final destination)

Name of Bidder  [insert complete name of Bidder]  Signature of Bidder [signature of person signing the Bid]  Date [insert date]

Financial Data for Previous Years1 (VND) 

Year 1:

Year 2:

Year 3:

Total Assets

Total Liabilities

Net Worth

Current Assets

Current Liabilities

Working Capital

Total Revenues

Profits Before Taxes

Profits After Taxes

• Attached are copies of  financial statements (balance sheets, including all related notes, and income statements) for the last three years2, as indicated above, complying with the following conditions:

• Unless otherwise required by Section III of the Bidding Document, all such documents reflect the financial situation of the legal entity or entities comprising the Bidder and not the Bidder’s parent companies, subsidiaries or affiliates.

• Historic financial statements must be audited by a reputable auditor or certified by a competent agency in accordance with the applicable laws and regulations.

• Historic financial statements must be complete, including all notes to the financial statements.

• Historic financial statements must correspond to accounting periods already completed and audited (no statements for partial periods shall be requested or accepted).

1   If the time period indicated under Criterion 2.1.1of Section III (Evaluation and Qualification Criteria) is either four or five years, then the table columns above should be expanded accordingly.
 

2    The time period stated here should be the same as the time period indicated under Criterion 2.1.1of Section III (Evaluation and Qualification Criteria).

Annual turnover data for the Last … Years1

Year

Amount (VND)

[indicate year]

[insert amount]

Average Annual Turnover 2

Financial Resources

No.

Source of financing

Amount (VND)

1.

2.

3.

4.

Contract of Similar Size and Nature

Contract No . . . . . .of. . . . . .

Contract Identification

Award Date

Completion Date

Total Contract Amount

VND

If partner in a JV or subcontractor, specify participation of total contract amount

Percent of Total

Amount

Purchaser’s Name

Address

Telephone/Fax Number

E-mail

Description of the similarity in accordance with Criteria 2.2 of Section III

-- Note --

The Purchaser should insert here contract size, complexity, methods, technology or other characteristics as described in Criterion 2.2 of Section III against which the Bidder demonstrates similarity in the box on the right-hand-side.

Pending Litigation and Arbitration

Choose one of the following:

• No pending litigation and arbitration.

• Below is a description of all pending litigation and arbitration involving the Bidder (or each JV member if Bidder is a Joint Venture).

Year

Matter in Dispute 

Value of Pending Claim in VND 

Value of Pending Claim as a Percentage of Net Worth

1.  List of Goods and Delivery Schedule
 

[The Purchaser shall fill in this table, with the exception of the column “Bidder’s offered Delivery date” to be filled by the Bidder]

Line Item

N°

Description of Goods 

Quantity

Physical unit

Final Destination (Project Site)    as specified in BDS 

Delivery  Date*

Earliest Delivery Date

Latest Delivery Date 

Bidder’s  offered Delivery date [to be provided by the bidder]

[insert item No]

[insert description of Goods]

[insert quantity of item to be supplied]

[insert physical unit for the quantity]

[insert place of Delivery]

[insert the number of  days]

[insert the number of  days]

[insert the number of  days following the]

2. List of Related Services and Completion Schedule 

[This table shall be filled in by the Purchaser. The Required Completion Dates should be realistic, and consistent with the required Goods Delivery Dates] 

Service

Description of Service

Quantity1

Physical Unit

Place where Services shall be performed

Final Completion Date(s) of Services

[insert Service No]

[insert description of Related Services]

[insert quantity of items to be supplied]

[insert physical unit for the items]

[insert name of the Place]

[insert required Completion Date(s)]

Item No

Name of Goods or Related Service

Technical Specifications and Standards

[insert item No]

[insert name]

[insert TS and Standards]

List of Drawings

Drawing Nr.

Drawing Name

Purpose

Section VIII.  General Conditions of Contract

1. Definitions

1.1 The following words and expressions shall have the meanings hereby assigned to them:  

1. Bank means the financing institution named in the PCC.

2. “Contract” means the Contract Agreement entered into between the Purchaser and the Supplier, together with the Contract Documents referred to therein, including all attachments, appendices, and all documents incorporated by reference therein

3. “Contract Documents” means the documents listed in the Contract Agreement, including any amendments thereto

4. “Contract Price” means the price payable to the Supplier as specified in the Contract Agreement, subject to such additions and adjustments thereto or deductions therefrom, as may be made pursuant to the Contract.

5. “Day” means calendar day

6. “Completion” means the fulfillment of the Related Services by the Supplier in accordance with the terms and conditions set forth in the Contract

7. “GCC” means the General Conditions of Contract.

8. “Goods” means all of the commodities, raw material, machinery and equipment, and/or other materials that the Supplier is required to supply to the Purchaser under the Contract.

9. “Purchaser’s Country” is Vietnam.

10. “Purchaser” means the entity purchasing the Goods and Related Services, as specified in the SCC.

11. “Related Services” means the services incidental to the supply of the goods, such as insurance, installation, training and initial maintenance and other such obligations of the Supplier under the Contract.

12.  “SCC” means the Special Conditions of Contract

13. “Subcontractor” means any person, private or government entity, or a combination of the above, to whom any part of the Goods to be supplied or execution of any part of the Related Services is subcontracted by the Supplier

14. “Supplier” means the person, private or government entity, or a combination of the above, whose bid to perform the Contract has been accepted by the Purchaser and is named as such in the Contract Agreement.

15. “The Project Site,” where applicable, means the place named in the SCC

2. Contract Documents

1. Subject to the order of precedence set forth in the Contract Agreement, all documents forming the Contract (and all parts thereof) are intended to be correlative, complementary, and mutually explanatory. The Contract Agreement shall be read as a whole. 

3. Corrupt and Fraudulent Practices

3.1  The Bank requires compliance with its policy in regard to corrupt and fraudulent practices as set forth in Appendix A to GCC.

3.2  The Purchaser requires the Supplier to disclose any commissions or fees that may have been paid or are to be paid to agents or any other party with respect to the bidding process or execution of the Contract. The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee

4. Interpretation

1. If the context so requires it, singular means plural and vice versa

2. Incoterms

1. The terms EXWshall be governed by the rules prescribed in the current edition of Incoterms specified in the SCC and published by the International Chamber of Commerce in Paris, France.

3. Entire Agreement

The Contract constitutes the entire agreement between the Purchaser and the Supplier and supersedes all communications, negotiations and agreements (whether written or oral) of the parties with respect thereto made prior to the date of Contract

4. Amendment

No amendment or other variation of the Contract shall be valid unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party thereto.

5. Nonwaiver

1. Subject to GCC Sub-Clause 4.5(b) below, no relaxation, forbearance, delay, or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect, or restrict the rights of that party under the Contract, neither shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract.

2. Any waiver of a party’s rights, powers, or remedies under the Contract must be in writing, dated, and signed by an authorized representative of the party granting such waiver, and must specify the right and the extent to which it is being waived.

6. Severability

If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract

5. Language

1. The Contract as well as all correspondence and documents relating to the Contract exchanged by the Supplier and the Purchaser, shall be written in  Vietnamese.  Supporting documents and printed literature that are part of the Contract may be in another language provided they are accompanied by an accurate translation of the relevant passages in Vietnamese, in which case, for purposes of interpretation of the Contract, this translation shall govern.

2. The Supplier shall bear all costs of translation to the governing language and all risks of the accuracy of such translation, for documents provided by the Supplier

6. Joint Venture

1. If the Supplier is a joint venture all of the parties shall be jointly and severally liable to the Purchaserfor the fulfillment of the provisions of the Contract and shall designate one party to act as a leader with authority to bind the joint venture. The composition or the constitution of the joint venture shall not be altered without the prior consent of the Purchaser.

7. Eligibility
 

1. The Supplier and its Subcontractors shall have the nationality of an eligible country.  A Supplier or Subcontractor shall be deemed to have the nationality of a country if it is a citizen or constituted, incorporated, or registered, and operates in conformity with the provisions of the laws of that country

2. All Goods and Related Services to be supplied under the Contract and financed by the Bank shall have their origin in Eligible Countries. For the purpose of this Clause, origin means the country where the goods have been grown, mined, cultivated, produced, manufactured, or processed; or through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its components. 

8. Notices

1. Any notice given by one party to the other pursuant to the Contract shall be in writing to the address specified in the SCC.  The term “in writing” means communicated in written form with proof of receipt. 

2. A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

9. Governing Law

1. The Contract shall be governed by and interpreted in accordance with the laws of the Socialist Republic of Viet Nam.

10 Settlement of Disputes

1. The Purchaser and the Supplier shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract. 

2. If, after twenty-eight (28) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the Purchaser or the Supplier may give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is given. Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in accordance with this Clause shall be finally settled by arbitration.  Arbitration may be commenced prior to or after delivery of the Goods under the Contract. Arbitration proceedings shall be conducted in accordance with the rules of procedure in accordance with the laws of the Socialist Republic of Vietnam.

3. Notwithstanding any reference to arbitration herein, 

1. the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree; and 

2. thePurchaser shall pay the Supplier any monies due the Supplier.

11. Inspections and Audit by the Bank 

1. The Supplier shall keep, and shall make all reasonable efforts to cause its Subcontractors to keep, accurate and systematic accounts and records in respect of the Goods in such form and details as will clearly identify relevant time changes and costs.

2. The Supplier shall permit, and shall cause its Subcontractors to permit, the Bank and/or persons appointed by the Bank to inspect the Supplier’s offices and all accounts and records relating to the performance of the Contract and the submission of the bid, and to have such accounts and records audited by auditors appointed by the Bank if requested by the Bank. The Supplier’s and its Subcontractors and consultants’ attention is drawn to Clause 3 [Fraud and Corruption], which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under this Sub-Clause 11.2constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to the Bank’s prevailing sanctions procedures)
    

12. Scope of Supply

12.1 The Goods and Related Services to be supplied shall be as specified in Section VII,Schedule of Requirements.

13. Delivery and Documents

13.1 Subject to GCC Sub-Clause 33.1, the Delivery of the Goods and Completion of the Related Services shall be in accordance with the Delivery and Completion Schedule specified in Section VII, Schedule of Requirements.  The details of shipping and other documents to be furnished by the Supplier are specified in the SCC

14. Supplier’s Responsibilities

14.1 The Supplier shall supply all the Goods and Related Services included in the Scope of Supply in accordance with GCC Clause 12, and the Delivery and Completion Schedule, as per GCC Clause 13

15. Contract  price 

15.1 Prices charged by the Supplier for the Goods supplied and the Related Services performed under the Contract shall not vary from the prices quoted by the Supplier in its bid, with the exception of any price adjustments authorized in the SCC.

16. Terms of Payment

16.1 The Contract Price, including any Advance Payments, if applicable, shall be paid as specified in the SCC.

16.2 The Supplier’s request for payment shall be made to the Purchaser in writing, accompanied by invoices describing, as appropriate, the Goods delivered and Related Services performed, and by the documents submitted pursuant to GCC Clause 13 and upon fulfillment of all other obligations stipulated in the Contract

16.3 Payments shall be made promptly by the Purchaser, but in no case later than sixty (60) days after submission of an invoice or request for payment by the Supplier, and after the Purchaserhas accepted it.

16.4 The payment shall be made in Vietnamese Dong

16.5 In the event that the Purchaserfails to pay the Supplier any payment by its due date or within the period set forth in the SCC, the Purchasershall pay to the Supplier interest on the amount of such delayed payment at the rate shown in the SCC, for the period of delay until payment has been made in full, whether before or after judgment or arbitrage award

17. Taxes and Duties

17.1 The Supplier shall be entirely responsible for, and accordingly shall include in the Contract Price all taxes, duties, license fees, etc., incurred until delivery of the contracted Goods to the Purchaser. 

18. Performance Security

18.1 If required as specified in the SCC, the Supplier shall, within twenty-eight (28) days of the notification of contract award, provide a performance security for the performance of the Contract in the amount specified in the SCC

18.2 The proceeds of the Performance Security shall be payable to the Purchaser as compensation for any loss resulting from the Supplier’s failure to complete its obligations under the Contract.

18.3 As specified in the SCC, the Performance Security, shall be denominated in Vietnamese Dong; and shall bein the format by the Purchaser, or in another format acceptable to the Purchaser.

18.4 The Performance Security shall be discharged by the Purchaserand returned to the Supplier not later than twenty-eight (28) days following the date of Completion of the Supplier’s performance obligations under the Contract, including any warranty obligations, unless specified otherwise in the SCC

19. Copyright 

19.1 The copyright in all drawings, documents, and other materials containing data and information furnished to the Purchaser by the Supplier herein shall remain vested in the Supplier, or, if they are furnished to the Purchaser directly or through the Supplier by any third party, including suppliers of materials, the copyright in such materials shall remain vested in such third party

20. Confidential Information

20.1 The Purchaserand the Supplier shall keep confidential and shall not, without the written consent of the other party hereto, divulge to any third party any documents, data, or other information furnished directly or indirectly by the other party hereto in connection with the Contract, whether such information has been furnished prior to, during or following completion or termination of the Contract.  Notwithstanding the above, the Supplier may furnish to its Subcontractor such documents, data, and other information it receives from the Purchaserto the extent required for the Subcontractor to perform its work under the Contract, in which event the Supplier shall obtain from such Subcontractor an undertaking of confidentiality similar to that imposed on the Supplier under GCC Clause 20.

20.2 The Purchasershall not use such documents, data, and other information received from the Supplier for any purposes unrelated to the contract.  Similarly, the Supplier shall not use such documents, data, and other information received from the Purchaserfor any purpose other than the performance of the Contract

20.3 The obligation of a party under GCC Sub-Clauses 20.1 and 20.2 above, however, shall not apply to information that:

1. thePurchaseror Supplier need to share with the Bank or other institutions participating in the financing of the Contract; 

2. now or hereafter enters the public domain through no fault of that party

3. can be proven to have been possessed by that party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other party; or

4. otherwise lawfully becomes available to that party from a third party that has no obligation of confidentiality

20.4 The above provisions of GCC Clause 20 shall not in any way modify any undertaking of confidentiality given by either of the parties hereto prior to the date of the Contract relating tothe supply ofgoodsorperformpartofthecontract

20.5 The provisions of GCC Clause 20 shall survive completion or termination, for whatever reason, of the Contract.

21. Subcontracting

21.1 The Supplier shall notify the Purchaserin writing of all subcontracts awarded under the Contract if not already specified in the bid. Such notification, in the original bid or later shall not relieve the Supplier from any of its obligations, duties, responsibilities, or liability under the Contract

21.2 Subcontracts shall comply with the provisions of GCC Clauses 3 and 7.  

21.3    The Supplier is responsible for payment in full and on schedule for the subcontractors in accordance to the agreed terms between the Supplier and Subcontractors.

22. Specifications and Standards

22.1 Technical Specifications and Drawings

1. The Goods and Related Services supplied under this Contract shall conform to the technical specifications and standards mentioned in Section VII, Schedule of Requirements and, when no applicable standard is mentioned, the standard shall be equivalent or superior to the official standards whose application is appropriate to the Goods’ country of origin.

2. The Supplier shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designed by or on behalf of the Purchaser, by giving a notice of such disclaimer to the Purchaser.

3. Wherever references are made in the Contract to codes and standards in accordance with which it shall be executed, the edition or the revised version of such codes and standards shall be those specified in the Section VII- Schedule of Requirements. During Contract execution, any changes in any such codes and standards shall be applied only after approval by the Purchaserand shall be treated in accordance with GCC Clause 33.

23. Packing and Documents

23.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract.  During transit, the packing shall be sufficient to withstand, without limitation, rough handling and exposure to extreme temperatures, salt and precipitation, and open storage.  Packing case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit.

23.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified in the SCC, and in any other instructions ordered by the Purchaser.

24. Insurance

24.1 Insurance from EXW up to final destination is included in the contract price

25. Transportation and Incidental Services 

25.1 The supplier is responsible for arranging transportation of the Goods to the Project Site.

25.2 The Supplier may be required to provide any or all of the following services, including additional services, if any, specified in SCC:

(a) performance or supervision of on-site assembly and/or startup of the supplied Goods

(b) furnishing of tools required for assembly and/or maintenance of the supplied Goods;

(c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods;

(d) performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and

(e) training of the Purchaser’s personnel, at the Supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods.

25.3 The cost of provision of the incidental services specified in SCC 25.2 shall be included in the Contract Price. To the extent the Purchaser requires additional incidental services from the Supplier that are not indicated in SCC 25.2, the Supplier shall use reasonable efforts to provide such services at prices to be agreed upon in advance by the parties, but which prices shall in any event not exceed the prevailing rates charged to other parties by the Supplier for similar services

26. Inspections and Tests

26.1 The Supplier shall at its own expense and at no cost to the Purchasercarry out all such tests and/or inspections of the Goods and Related Services as are specified in the SCC

26.2 The inspections and tests may be conducted on the premises of the Supplier or its Subcontractor, at point of delivery, and/or at the Goods’ final destination, or in another place in Vietnam as specified in the SCC.  Subject to GCC Sub-Clause 26.3, if conducted on the premises of the Supplier or its Subcontractor, all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Purchaser.

26.3 The Purchaser or its designated representative shall be entitled to attend the tests and/or inspections referred to in GCC Sub-Clause 26.2, provided that the Purchaserbear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses.

26.4 Whenever the Supplier is ready to carry out any such test and inspection, it shall give a reasonable advance notice, including the place and time, to the Purchaser.  The Supplier shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Purchaseror its designated representative to attend the test and/or inspection

26.5 The Purchasermay require the Supplier to carry out any test and/or inspection not required by the Contract but deemed necessary to verify that the characteristics and performance of the Goods comply with the technical specifications codes and standards under the Contract, provided that the Supplier’s reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price.  Further, if such test and/or inspection impedes the progress of manufacturing and/or the Supplier’s performance of its other obligations under the Contract, due allowance will be made in respect of the Delivery Dates and Completion Dates and the other obligations so affected

26.6 The Supplier shall provide the Purchaserwith a report of the results of any such test and/or inspection

26.7 The Purchasermay reject any Goods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications.  The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Purchaser, and shall repeat the test and/or inspection, at no cost to the Purchaser, upon giving a notice pursuant to GCC Sub-Clause 26.4

26.8 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the Purchaseror its representative, nor the issue of any report pursuant to GCC Sub-Clause 26.6, shall release the Supplier from any warranties or other obligations under the Contract.

27. Liquidated Damages

27.1 Except as provided under GCC Clause 32, if the Supplier fails to deliver any or all of the Goods by the Date(s) of delivery or perform the Related Services within the period specified in the Contract, the Purchasermay without prejudice to all its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in the SCC of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delay until actual delivery or performance, up to a maximum deduction of the percentage specified in those SCC. Once the maximum is reached, the Purchasermay terminate the Contract pursuant to GCC Clause 35.

28. Warranty

28.1 The Supplier warrants that all the Goods are new, unused, and of the most recent or current models, and that they incorporate all recent improvements in design and materials, unless provided otherwise in the Contract.

28.2 Subject to GCC Sub-Clause 22.1(b), the Supplier further warrants that the Goods shall be free from defects arising from any act or omission of the Supplier or arising from design, materials, and workmanship, under normal use in the conditions prevailing in the country of final destination

28.3 Unless otherwise specified in the SCC, the warranty shall remain valid for twelve (12) months after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the SCC

28.4 The Purchasershall give notice to the Supplier stating the nature of any such defects together with all available evidence thereof, promptly following the discovery thereof.  The Purchasershall afford all reasonable opportunity for the Supplier to inspect such defects.

28.5 Upon receipt of such notice, the Supplier shall, within the period specified in the SCC, expeditiously repair or replace the defective Goods or parts thereof, at no cost to the Purchaser

28.6 If having been notified, the Supplier fails to remedy the defect within the period specified in the SCC, the Purchasermay proceed to take within a reasonable period such remedial action as may be necessary, at the Supplier’s risk and expense and without prejudice to any other rights which the Purchasermay have against the Supplier under the Contract.

29. Patent Indemnity

29.1 The Supplier shall, subject to the Purchaser’s compliance with GCC Sub-Clause 29.2, indemnify and hold harmless the Purchaserand its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses, which the Purchasermay suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract by reason of:  

1. the installation of the Goods by the Supplier or the use of the Goods in the country where the Site is located; and 

2. the sale in any country of the products produced by the Goods. 

Such indemnity shall not cover any use of the Goods or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, neither any infringement resulting from the use of the Goods or any part thereof, or any products produced thereby in association or combination with any other equipment, plant, or materials not supplied by the Supplier, pursuant to the Contract

29.2 If any proceedings are brought or any claim is made against the Purchaserarising out of the matters referred to in GCC Sub-Clause 29.1, the Purchasershall promptly give the Supplier a notice thereof, and the Supplier may at its own expense and in the Purchaser’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim.

29.3 If the Supplier fails to notify the Purchaserwithin twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Purchasershall be free to conduct the same on its own behalf.

29.4 The Purchasershall, at the Supplier’s request, afford all available assistance to the Supplier in conducting such proceedings or claim, and shall be reimbursed by the Supplier for all reasonable expenses incurred in so doing.

29.5 The Purchasershall indemnify and hold harmless the Supplier and its employees, officers, and Subcontractors from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses, which the Supplier may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the Purchaser.

30 Limitation of Liability

30.1 Except in cases of criminal negligence or willful misconduct,

(a) the Supplier shall not be liable to the Purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the Purchaserand

(b) the aggregate liability of the Supplier to the Purchaser, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the supplier to indemnify the Purchaserwith respect to patent infringement

31. Change in Laws and Regulations

31.1 Unless otherwise specified in the Contract, if after the date of 28 days prior to date of Bid submission, any law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated, abrogated, or changed in Vietnam (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the Delivery Date and/or the Contract Price, then such Delivery Date and/or Contract Price shall be correspondingly increased or decreased, to the extent that the Supplier has thereby been affected in the performance of any of its obligations under the Contract.  Notwithstanding the foregoing, such additional or reduced cost shall not be separately paid or credited if the same has already been accounted for in the price adjustment provisions where applicable, in accordance with GCC Clause 15.

32. Force Majeure

32.1 The Supplier shall not be liable for forfeiture of its Performance Security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure

32.2 For purposes of this Clause, “Force Majeure” means an event or situation beyond the control of the Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of the Supplier.  Such events may include, but not be limited to, acts of the Purchaserin its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes.

32.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaserin writing of such condition and the cause thereof.  Unless otherwise directed by the Purchaserin writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

33Change Orders and Contract Amendments

33.1 The Purchasermay at any time order the Supplier through notice in accordance GCC Clause 8, to make changes within the general scope of the Contract in any one or more of the following:

1. drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the Purchaser

2. the method of shipment or packing;

3. the place of delivery; and 

4. the Related Services to be provided by the Supplier.

33.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier’s performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or in the Delivery/Completion Schedule, or both, and the Contract shall accordingly be amended.  Any claims by the Supplier for adjustment under this Clause must be asserted within twenty-eight (28) days from the date of the Supplier’s receipt of the Purchaser’s change order.

33.3 Prices to be charged by the Supplier for any Related Services that might be needed but which were not included in the Contract shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services.

33.4 Subject to the above, no variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties

34. Extensions of Time

34.1 If at any time during performance of the Contract, the Supplier or its subcontractors should encounter conditions impeding timely delivery of the Goods or completion of Related Services pursuant to GCC Clause 13, the Supplier shall promptly notify the Purchaserin writing of the delay, its likely duration, and its cause.  As soon as practicable after receipt of the Supplier’s notice, the Purchasershall evaluate the situation and may at its discretion extend the Supplier’s time for performance, in which case the extension shall be ratified by the parties by amendment of the Contract.

34.2 Except in case of Force Majeure, as provided under GCC Clause 32, a delay by the Supplier in the performance of its Delivery and Completion obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 27, unless an extension of time is agreed upon, pursuant to GCC Sub-Clause 34.1.

35. Termination

35.1 Termination for Default

1. The Purchaser, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Supplier, may terminate the Contract in whole or in part:

1. if the Supplier fails to deliver any or all of the Goods within the period specified in the Contract, or within any extension thereof granted by the Purchaserpursuant to GCC Clause 34; 

2. if the Supplier fails to perform any other obligation under the Contract; or

3. if the Supplier, in the judgment of the Purchaserhas engaged in fraud and corruption, as defined in GCC Clause 3, in competing for or in executing the Contract.

2. In the event the Purchaserterminates the Contract in whole or in part, pursuant to GCC Clause 35.1(a), the Purchasermay procure, upon such terms and in such manner as it deems appropriate, Goods or Related Services similar to those undelivered or not performed, and the Supplier shall be liable to the Purchaserfor any additional costs for such similar Goods or Related Services.  However, the Supplier shall continue performance of the Contract to the extent not terminated

35.2 Termination for Insolvency. 

1. The Purchasermay at any time terminate the Contract by giving notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent.  In such event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to the Purchaser.

35.3 Termination for Convenience 

1. The Purchaser, by notice sent to the Supplier, may terminate the Contract, in whole or in part, at any time for its convenience.  The notice of termination shall specify that termination is for the Purchaser’s convenience, the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective.

2. The Goods that are complete and ready for shipment within twenty-eight (28) days after the Supplier’s receipt of notice of termination shall be accepted by the Purchaserat the Contract terms and prices.  For the remaining Goods, the Purchasermay select: 

1. to have any portion completed and delivered at the Contract terms and prices; and/or

2. to cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and Related Services and for materials and parts previously procured by the Supplier.

36. Assignment

36.1 Neither the Purchasernor the Supplier shall assign, in whole or in part, their obligations under this Contract, except with prior written consent of the other party 

Section IX.  Special Conditions of Contract

The following Special Conditions of Contract (SCC) shall supplement and / or amend the General Conditions of Contract (GCC).  Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.  

[The Purchaser shall select insert the appropriate wording using the samples below or other acceptable wording, and delete the text in italics]

GCC 1.1(j)

The Purchaser is: [Insert complete legal name of the Purchaser]

GCC 1.1 (o)

The Project Site(s)/Final Destination(s) is/are: [Insert name(s) and detailed information on the location(s) of the site(s)]  

GCC 4.2 (a)

The edition of Incoterms shall be [insert date of current edition]

GCC 8.1

For notices, the Purchaser’s address shall be:

Attention: [ insert full name of person, if applicable]

Street Address: [insert street address and number]

Floor/ Room number: [insert floor and room number, if applicable]

City: [insert name of city or town]

Country: Vietnam

Telephone: [include telephone number, including country and city codes]

Facsimile number: [insert facsimile number, including country and city codes]

Electronic mail address: [insert e-mail address, if applicable]

GCC 13.1

Details of Shipping and other Documents to be furnished by the Supplier are [insert the required documents, Supplier’s invoice,   Manufacturer’s or Supplier’s warranty certificate, inspection certificate issued by nominated inspection agency, etc].

GCC 15.1

The prices charged for the Goods supplied and the related Services performed [insert “shall” or “shall not,” as appropriate] be adjustable.

If prices are adjustable, the following method shall be used to calculate the price adjustment [see attachment to these SCC for a sample Price Adjustment Formula]

GCC 16.1

The method and conditions of payment to be made to the Supplier under this Contract shall be as follows:

Payment for Goods and Related Services supplied shall be made in Vietnamese Dong, as follows:

(i) Advance Payment:  Ten (10) percent of the Contract Price shall be paid within thirty (30) days of signing of the Contract against a request for payment and a bank guarantee for the equivalent amount and in the form provided in the bidding documents or another form acceptable to the Purchaser.

(ii) On Delivery:  Eighty (80) percent of the Contract Price shall be paid on receipt of the Goods and upon submission of the documents specified in GCC Clause 13.

(iii) On Acceptance:  The remaining ten (10) percent of the Contract Price shall be paid to the Supplier within thirty (30) days after the date of the acceptance certificate for the respective delivery issued by the Purchaser.

GCC 16.5

The payment-delay period after which the Purchasershall pay interest to the supplier shall be [insert number] days.

The interest rate that shall be applied is [insert number] %

GCC 18.1

A Performance Security [ insert “shall” or “shall not” be required]

[If a Performance Security is required, insert “the amount of the Performance Security shall be: [insert amount] 

[The amount of the Performance Security is usually expressed as a percentage of the Contract Price. The percentage varies according to the Purchaser’s perceived risk and impact of nonperformance by the Supplier. A 10% percentage is used under normal circumstances]

GCC 18.3

If required, the Performance Security shall be in the form of : Bank Guarantee

If required, the Performance security shall be denominated in Vietnamese dong

GCC 18.4

Discharge of the Performance Security shall take place: [insert date if different from the one indicated in sub clause GCC 18.4 e.g The percentage could be reduced up to …% of the Contract price after acceptance of goods]

GCC 23.2

The packing, marking and documentation within and outside the packages shall be:  [insert in detail the type of packing required, the markings in the packing and all documentation required] 

GCC 25.2

Incidental services to be provided are:

[Selected services covered under GCC Clause 25.2 and/or other should be specified with the desired features.  The price quoted in the bid price or agreed with the selected Supplier shall be included in the Contract Price.]

GCC 26.1

The inspections and tests shall be: [insert nature, frequency, procedures for carrying out the inspections and tests]

GCC 26.2

The Inspections and tests shall be conducted at: [insert name(s) of location(s)]

GCC 27.1

The liquidated damage shall be: [insert number]% per week or part thereof

GCC 27.1

The maximum amount of liquidated damages shall be: [insert number]%

GCC 28.3

The period of validity of the Warranty shall be:  [insert number] days 

For purposes of the Warranty, the place(s) of final destination(s) shall be:

Final project site destination as stated in the list of goods and delivery schedule.

GCC 28.5

The period for repair or replacement shall be: [insert number(s)] days.

Section X
 

Contract Forms

Performance Security

General

2. Scope of Bid

2. The Employer, as specified in the Bid Data Sheet (BDS), issues these Bidding Documents for the procurement of the Works as specified in Section VII, Works Requirements.   The name, identification, and number of lots (contracts) of this bidding are specified in the BDS.

3. Throughout this Bidding Document:

(a) the term “in writing” means communicated in written form and delivered against receipt;

(b) except where the context requires otherwise, words indicating the singular also include the plural and words indicating the plural also include the singular; and

 (c)   “day” means calendar day.

3. Source of Funds

1. Social Republic of Vietnam (hereinafter called “Borrower”) has applied for or received financing (hereinafter called “funds”) from the financing institution named in the BDS (hereinafter called “the Bank”) in an amount specified in the BDS toward the the project named in the BDS. The Borrower intends to apply a portion of the funds to eligible payments under the contract(s) for which this Bidding Document is issued.

2. Payments by the Bank will be made only at the request of the Borrower and upon approval by the Bank in accordance with the terms and conditions of the financing agreement between the Borrower and the Bank (hereinafter called the Financing Agreement), and will be subject in all respects to the terms and conditions of that Financing Agreement. No party other than the Borrower shall derive any rights from the Financing Agreement or have any claim to the funds.

2. Corrupt and Fraudulent Practices

1. The Bank requires compliance with its policy in regard to corrupt and fraudulent practices as set forth in Section VI.

2. In further pursuance of this policy, Bidders shall permit and shall cause its agents (whether declared or not), sub-contractors, sub-consultants, service providers, or suppliers and any personnel thereof, to permit the Bank to inspect all accounts, records and other documents relating to any prequalification process, bid submission, and contract performance (in the case of award), and to have them audited by auditors appointed by the Bank.

3. Eligible Bidders
    

1. A Bidder may be a firm that is a private entity, or a government-owned entity—subject to ITB 4.5—or any combination of them in the form of a joint venture (JV), under an existing agreement. In the case of a joint venture, all members shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the members of the JV during the bidding process and, in the event the JV is awarded the Contract, during contract execution. Unless specified in the BDS, there is no limit on the number of members in a JV. 

2. A Bidder shall not have a conflict of interest.  All Bidders found to have a conflict of interest shall be disqualified.  A Bidder may be considered to be in a conflict of interest with one or more parties in this bidding process, if including but not limited to: 

   1. they have controlling shareholders in common; or

   2. they receive or have received any direct or indirect subsidy from any of them; or

   3. they have the same legal representative for purposes of this bid; or

   4. they have a relationship with each other, directly or through common third parties, that puts them in a position to have access to material information about or improperly influence the bid of another Bidder, or influence the decisions of the Employer regarding this bidding process; or

   5. a Bidder participates in more than one bid in this bidding process, either individually or as a partner in a joint venture, except for alternative offers permitted under ITB Clause 13. Participation by a Bidder in more than one Bid will result in the disqualification of all Bids in which such Bidder is involved. However, subject to any finding of a conflict of interest in terms of ITB 4.2 (a) - (d) above, this does not limit the inclusion of the same subcontractor in another bid or of a firm as a subcontractor in more than one bid; or 

   6. a Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the works that are the subject of the bid; or

   7. a Bidder or any of its affiliates has been hired (or is proposed to be hired) by the Employer or Borrower to supervise the Contract (as defined in GCC1.1(h)) implementation; or

   8. would be providing goods, works, or non-consulting services resulting from or directly related to consulting services for the preparation or implementation of the project specified in the BDS ITB 2.1 that it provided or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm; or

   9. has a close business or family relationship with a professional staff of the Borrower (or of the project implementing agency, or of a recipient of a part of the loan) who: (i) are directly or indirectly involved in the preparation of the bidding documents or specifications of the contract, and/or the bid evaluation process of such contract; or (ii) would be involved in the implementation or supervision of such contract unless the conflict stemming from such relationship has been resolved in a manner acceptable to the Bank throughout the procurement process and execution of the contract.

3. A Bidder, and all parties constituting the Bidder, shall have the nationality of an eligible country, in accordance with Section V (Eligible Countries). A Bidder shall be deemed to have the nationality of a country if the Bidder is constituted, incorporated or registered in and operates in conformity with the provisions of the laws of that country, as evidenced by its articles of incorporation (or equivalent documents of constitution or association) and its registration documents, as the case may be.  This criterion also shall apply to the determination of the nationality of proposed sub-contractors or sub-consultants for any part of the Contract including related Services. 

4. A Bidder shall not be eligible to participate in any procurement activities under a Bank financed or Bank supported project while under sanction by the Bank pursuant to its Policy set forth in Section VI, whether such sanction was directly imposed by the Bank, or imposed by the Bank pursuant to the Agreement for Mutual Enforcement of Debarment Decisions or temporary suspension by the Bank pursuant to its Policy set forth in Section VI. A bid from a debarred or temporarily suspended firm will be rejected. The list of the debarred firms and individuals is available at the electronic address specified in the BDS

5. Bidders that are Government-owned enterprises or institutions in Vietnam may participate only if they can establish that they (i) are legally and financially autonomous (ii) operate under commercial law, and (iii) are not dependent agencies of the Employer and the executing agency of the project as specified in the BDS. 

6. Firms and individuals may be ineligible if so indicated in Section V and (a) as a matter of law or official regulations, the Borrower’s country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the supply of goods or the contracting of works or services required and complies with the Bank's policies on recognition of national sanctions; or (b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, Vietnam prohibits any import of goods or contracting of works or services from that country, or any payments to any country, person, or entity in that country.

7. A Bidder shall provide such evidence of eligibility satisfactory to the Employer, as the Employer shall reasonably request.

4. Eligible Materials, Equipment and Services

1. The materials, equipment and services to be supplied under the Contract and financed by the Bank may have their origin in any country subject to the restrictions specified in Section V, Eligible Countries, and all expenditures under the Contract will not contravene such restrictions. At the Employer’s request, Bidders may be required to provide evidence of the origin of materials, equipment and services.

2. For purposes of ITB 5.1 above, “origin” means the place where the materials and equipment are mined, grown, produced or manufactured, and from which the services are provided. Materials and equipment are produced when, through manufacturing, processing, or substantial or major assembling of components, a commercially recognized product results that differs substantially in its basic characteristics or in purpose or utility from its components.

Contents of Bidding Document

5. Sections of Bidding Document

1. The Bidding Document consist of Parts 1, 2, and 3, which include all the Sections specified below, and which should be read in conjunction with any Addenda issued in accordance with ITB 8.

PART 1 Bidding Procedures

Section I - Instructions to Bidders (ITB)

Section II - Bid Data Sheet (BDS)

Section III - Evaluation and Qualification Criteria 

Section IV - Bidding Forms 

Section V - Eligible Countries 

Section VI – Bank Policy-Corrupt and Fraudulent Practices 

PART 2 Works Requirements

Section VII - Works Requirements 

PART 3 Conditions of Contract and Contract Forms

Section VIII - General Conditions of Contract (GCC)

Section IX - Particular Conditions of Contract (PCC)

Section X - Contract Forms 

2. The Invitation for Bids issued by the Employer is not part of the Bidding Document.

3. Unless obtained directly from the Employer, the Employer is not responsible for the completeness of the Bidding Documents, responses to requests for clarification, the minutes of the pre-Bid meeting (if any), or Addenda to the Bidding Documents in accordance with ITB 8. In case of any contradiction, documents obtained directly from the Employer shall prevail.

4. The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents and to furnish with its bid all information and documentation as is required by the Bidding Documents.

6. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting

1. A Bidder requiring any clarification of the Bidding Document shall contact the Employer in writing at the Employer’s address specified in the BDS or raise its inquiries during the pre-bid meeting if provided for in accordance with ITB 7.4. The Employer will respond in writing to any request for clarification, provided that such request is received no later than number of days specified in the BDS prior to the deadline for submission of bids.  The Employer shall forward copies of its response to all Bidders who have acquired the Bidding Documents from the Employer in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. Should the clarification result in changes to the essential elements of the Bidding Documents, the Employer shall amend the Bidding Documents following the procedure under ITB 8 and ITB 22.2.

2. The Bidder is advised to visit and examine the Site of Works and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidder’s own expense.

3. The Bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the Bidder, its personnel, and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection. When it deems necessary, the Employer shall organize the site visit as specified in the BDS.

4. If so specified in the BDS, the Bidder’s designated representative is invited to attend a pre-bid meeting. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage. To facilitate the Employer’s preparation for quick responses, the Bidder is requested, to submit any questions in writing, to reach the Employer before the meeting

5. Minutes of the pre-bid meeting will be made in writing including: the text of the questions asked by Bidders (without identifying the source), and the responses given. The minutes of the pre-bid meeting will be transmitted promptly to all Bidders who have acquired the Bidding Documents from the Employer in accordance with ITB 6.3. Any modification to the Bidding Documents that may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an addendum pursuant to ITB 8 and not through the minutes of the pre-bid meeting. Nonattendance at the pre-bid meeting will not be a cause for disqualification of a Bidder.

7. Amendment of Bidding Document

1. At any time prior to the deadline for submission of bids, the Employer may amend the Bidding Documents by issuing addenda. 

2. Any addendum issued shall be part of the Bidding Documents and shall be communicated in writing to all who have obtained the Bidding Document from the Employer in accordance with ITB 6.3. 

3. The time to send the addendum of Bidding Document to all Bidders who have acquired the Bidding Documents from the Employer shall be stipulated in the BDS. To give prospective Bidders reasonable time in which to take an addendum into account in preparing their bids, the Employer may, at its discretion, extend the deadline for the submission of bids, pursuant to ITB 22.2. The Bidders are required to notify the Employer in writing that the addendum has been received by one of the following methods: sending letter directly, by post, fax or email.

Preparation of Bids

8. Cost of Bidding

1. The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the Employer shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

9. Language of Bid

1. The Bid, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Employer, shall be written in Vietnamese. 

10. Documents Comprising the Bid

1. The Bid shall comprise the following:

1. Letter of Bid in accordance with ITB 12;

2. completed Schedules, in accordance with ITB 12 and 14: as specified in the BDS;

3. Bid Security in accordance with ITB 19.1;

4. Documents evidencing eligibility in accordance with ITB 4; 

5. Joint Venture Agreement in case the bidder is JV;

6. written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB 20.2;

7. documentary evidence establishing the Bidder’s qualifications in accordance with ITB 17 to perform the contract if its Bid is accepted; 

8. Technical Proposal in accordance with ITB 16; 

9. Alternative bids, if permissible in accordance with ITB 13; and

10. any other document required in the BDS.

2. The Bidder shall furnish in the Letter of Bid information on commissions and gratuities, if any, paid or to be paid to agents or any other party relating to this Bid.

11. Letter of Bid and Schedules

1. The Letter of Bid and Schedules shall be prepared using the relevant forms furnished in Section IV, Bidding Forms. 

12. Alternative Bids
     

1. Unless otherwise specified in the BDS, alternative bids shall not be considered. 

2. When alternative times for completion are explicitly invited, a statement to that effect will be included in the BDS, as will the method of evaluating different times for completion.

3. Except as provided under ITB 13.4 below, Bidders wishing to offer technical alternatives to the requirements of the Bidding Document must first price the Employer’s design as described in the Bidding Document and shall further provide all information necessary for a complete evaluation of the alternative by the Employer, including drawings, design calculations, technical specifications, breakdown of prices, and proposed construction methodology and other relevant details. Only the technical alternatives, if any, of the lowest evaluated Bidder conforming to the basic technical requirements shall be considered by the Employer.

4. When specified in the BDS, Bidders are permitted to submit alternative technical solutions for specified parts of the Works. Such parts will be identified in the BDS and described in Section VII. Works Requirements. The method for their evaluation will be stipulated in Section III. Evaluation and Qualification Criteria.

13. Bid Prices and Discounts

1. The prices and discounts (including any price reduction) quoted by the Bidder in the Letter of Bid and in the Schedules shall conform to the requirements specified below.

2. The Bidder shall submit a bid for the whole of the works described in ITB 1.1 by filling in prices for all items of the Works, as identified in Section IV. Bidding Forms. The Bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities for admeasurement contracts and for work items in the Activity Schedule in lump sum basis for lump sum contract. Items against which no rate, price or lump sum price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the Bill of Quantities or the Activity Schedule. The price to be quoted in the Letter of Bid, in accordance with ITB 12.1, shall be the total price of the bid, excluding any discounts offered.

3. The price to be quoted in the Letter of Bid, in accordance with ITB 12.1, shall be the total price of the bid, excluding any discounts offered.

4. The Bidder shall quote any discounts and the methodology for their application in the Letter of Bid, in accordance with ITB 12.1.

5. Unless otherwise provided in the BDS and the Conditions of Contract, the prices quoted by the Bidder shall be fixed. If the prices quoted by the Bidder are subject to adjustment during the performance of the Contract in accordance with the provisions of the Conditions of Contract, the Bidder shall furnish the indices and weightings for the price adjustment formulae in the Schedule of Adjustment Data in Section IV- Bidding Forms and the Employer may require the Bidder to justify its proposed indices and weightings.
    

6. If so specified in ITB 1.1, bids are invited for individual lots (contracts) or for any combination of lots (packages). Bidders wishing to offer discounts for the award of more than one Contract shall specify in their bid the price reductions applicable to each package, or alternatively, to individual Contracts within the package. Discounts shall be submitted in accordance with ITB 14.4, provided the bids for all lots (contracts) are opened at the same time.

7. All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 28 days prior to the deadline for submission of bids, shall be included in the rates and prices and the total bid price submitted by the Bidder.

14. Currencies of Bid and Payment

1. The currency of the bid and the currency of payments shall be Vietnamese Dong.

15. Documents Comprising the Technical Proposal

1. The Bidder shall furnish a Technical Proposal including a statement of work methods, equipment, personnel, schedule and any other information as stipulated in Section IV, Bidding Forms, in sufficient detail to demonstrate the adequacy of the Bidders’ proposal to meet the work requirements and the completion time.  

16. Documents Establishing the Qualifications of the Bidder

1. In accordance with Section III, Evaluation and Qualification Criteria, to establish its qualifications to perform the Contract, the Bidder shall provide the information requested in the corresponding information sheets included in Section IV, Bidding Forms. The Bidder must make the original documents available for the Employer’s verification when requested.

17. Period of Validity of Bids

1. Bids shall remain valid for the period specified in the BDS after the bid submission deadline date prescribed by the Employer in accordance with ITB 22.1. A bid valid for a shorter period shall be rejected by the Employer as nonresponsive.

2. In exceptional circumstances, prior to the expiration of the bid validity period, the Employer may request Bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. The bid security as requested in accordance with ITB 19 shall also be extended for thirty (30) days beyond the deadline of the extended validity period. If a Bidder refuses to extend its bid, its bid will not be further evaluated and its bid security will be returned. A Bidder granting the request shall not be required or permitted to modify its bid. 

18. Bid Security

1. The Bidder shall furnish as part of its bid a bid security in a form of unconditional guarantee issued by a bank or financial institution which is legally operating in Vietnam or in the form of a certified check in accordance with ITB 19.2. In the case of a bank guarantee, the bid security shall be submitted either using the bid security Form included in Section IV, Bidding Forms, or in another substantially similar format approved by the Employer prior to bid submission. The bid security shall be valid for thirty (30) days beyond the original validity period of the bid, or beyond any period of extension if requested under ITB 18.2 

          In case of Joint Venture, the bid security shall comply

                   with one of the following:

2. Each JV partners shall provide a separate bid security; however, the aggregate amount of bid securities submitted by all JV partners must meet the requirement specified in Bid Data Sheet ITB 19.2. If the bid security of any JV partner is determined to be nonresponsive, the bid of the JV shall be rejected. If any JV partner is in breach of the rules resulting in forfeiture of bid security in accordance with ITB 19.6, then bid securities of all JV partners shall be forfeited.   

3.  All partners of the JV shall nominate one partner to arrange a single bid security for the JV. In this case, the bid security shall be in the name of the JV or the name of the partner who arranges the bid security for the entire JV provided that the total amount is not less than the required amount in Bid Data Sheet ITB 19.2. If any JV partner is in breach of the rules resulting in forfeiture of the bid security in accordance with ITB 19.6, the bid security shall be forfeited.

2. Amount of the bid security shall be as specified in the BDS

3. Any bid not accompanied by a substantially responsive bid security shall be rejected by the Employer as non responsive. 

4. The bid security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder’s signing the Contract and furnishing the performance security pursuant to ITB 40.

5. The bid security of the successful Bidder shall be returned as promptly as possible once the successful Bidder has signed the Contract and furnished the required performance security.

6. The bid security may be forfeited:

3. if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Letter of Bid or any extension thereto provided by the Bidder; or

4. if the successful Bidder fails to: 

   1. sign the Contract in accordance with ITB 39; or

   2. furnish a performance security in accordance with ITB 40; or

   3. accept the arithmetical correction of its Bid in accordance with ITB 31;

19. Format and Signing of Bid

1. The Bidder shall prepare one original of the documents comprising the bid as described in ITB 11 and clearly mark it “Original”. Alternative bids, if permitted in accordance with ITB 13, shall be clearly marked “Alternative”. In addition, the Bidder shall submit copies of the bid in the number specified in the BDS, and clearly mark each of them “Copy.” In the event of any discrepancy between the original and the copies, the original shall prevail.

2. The original of the bid shall be typed or written in indelible ink and numbered pages continuously. Letter of Bid, letter of discount (if any), supplementary documents, clarifications to bid, price schedules and other schedules in Chapter IV – Bidding forms shall be signed by a person duly authorized to sign on behalf of the Bidder and be stamped. This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the bid. The name and position held by each person signing the authorization must be typed or printed below the signature. All pages of the bid where entries or amendments have been made shall be signed or initialed by the person signing the bid

3. In case the Bidder is a JV, the Bid shall be signed by an authorized representative of the JV on behalf of the JV, and so as to be legally binding on all the members as evidenced by a power of attorney signed by their legally authorized representatives.

4. Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the bid.

Submission and Opening of Bids

20. Sealing and Marking of Bids

1. The Bidder shall enclose the original and all copies of the bid, including alternative bids, if permitted in accordance with ITB 13, in separate sealed envelopes, duly marking the envelopes as “Original”, “Alternative” and “Copy.”  These envelopes containing the original and the copies shall then be enclosed in one single envelope. 

2. The inner and outer envelopes shall:

(a) bear the name and address of the Bidder;

(b) be addressed to the Employer as provided in the BDS pursuant to ITB 22.1;

(c) bear the specific identification of this bidding process specified in accordance with BDS 1.1; and

(d) bear a warning not to open before the time and date for bid opening.

3. If all envelopes are not sealed and marked as required, the Employer will assume no responsibility for the misplacement or premature opening of the bid.

21. Deadline for Submission of Bids

1. Bids must be received by the Employer at the address and no later than the date and time specified in the BDS. 

2. The Employer may, at its discretion, extend the deadline for the submission of bids by amending the Bidding Document in accordance with ITB 8, in which case all rights and obligations of the Employer and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

22. Late Bids

1. The Employer shall not consider any bid that arrives after the deadline for submission of bids, in accordance with ITB 22. Any bid received by the Employer after the deadline for submission of bids shall be declared late, rejected, and returned unopened to the Bidder.

23. Withdrawal, Substitution, and Modification of Bids 

1. A Bidder may withdraw, substitute, or modify its bid after it has been submitted by sending a written notice, duly signed by an authorized representative, and shall include a copy of the authorization in accordance with ITB 20.2. The corresponding substitution or modification of the bid must accompany the respective written notice. All notices must be:

(a) prepared and submitted in accordance with ITB 20 and ITB 21, and in addition, the respective envelopes shall be clearly marked “Withdrawal,” “Substitution,” “Modification;” and

(b) received by the Employer prior to the deadline prescribed for submission of bids, in accordance with ITB 22. 

2. Bids requested to be withdrawn in accordance with ITB 24.1 shall be returned unopened to the Bidders.

3. No bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Letter of Bid or any extension thereof.  

24. Bid Opening

1. Except in the cases specified in ITB 23 and 24, the Employer shall publicly open and read out in accordance with ITB 25.3 all bids received by the deadline, at the date, time and place specified in the BDS, in the presence of Bidders` designated representatives and anyone who choose to attend, not depending on presence of absence of the bidders’ representatives. 

2. First, envelopes marked “Withdrawal” shall be opened and read out and the envelope with the corresponding bid shall not be opened, but returned to the Bidder. No bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is read out at bid opening. Next, envelopes marked “Substitution” shall be opened and read out and exchanged with the corresponding bid being substituted, and the substituted bid shall not be opened, but returned to the Bidder. No bid substitution shall be permitted unless the corresponding substitution notice contains a valid authorization to request the substitution and is read out at bid opening. Envelopes marked “Modification” shall be opened and read out with the corresponding bid. No bid modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification and is read out at bid opening. Only bids that are opened and read out at bid opening shall be considered further.

3. All other envelopes shall be opened in the order of the alphabet of the bidders’ names and will follow the following procedures:

a) Check the seal;

b) Open bids and read out: the name of the Bidder and whether there is a modification; the total Bid Price, per lot (contract) if applicable, including any discounts and alternative bids; the presence or absence of a bid security; and any other details as the Employer may consider appropriate. Only discounts and alternative bids read out at bid opening shall be considered for evaluation.

c)  The Letter of Bid and the Schedules are to be initialed by representative of the Employer attending bid opening. The Employer shall neither discuss the merits of any bid nor reject any bid (except for late bids, in accordance with ITB 23.1). 

4. The Employer shall prepare a record of the bid opening that shall include, the name of the Bidder and whether there is a withdrawal, substitution, or modification; the Bid Price, per lot (contract) if applicable, including any discounts and alternative bids; and the presence or absence of a bid security. The Bidders’ representatives who are present shall be requested to sign the record. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders.

Evaluation and Comparison of Bids

25. Confidentiality

1. Information relating to the evaluation of bids and recommendation of contract award, shall not be disclosed to Bidders or any other persons not officially concerned with the bidding process until information on Contract award is communicated to all Bidders in accordance with ITB 38. In all cases, it is not allowed to disclose information of one bidder’s bid to another bidder, except for the information publicly read out at the bid opening.

2. Any attempt by a Bidder to influence the Employer in the evaluation of the bids or Contract award decisions may result in the rejection of its bid.  

3. Notwithstanding ITB 26.2, from the time of bid opening to the time of Contract award, if a Bidder wishes to contact the Employer on any matter related to the bidding process, it shall do so in writing.

26. Clarification of Bids
     

1. To assist in the examination, evaluation, and comparison of the bids, and qualification of the Bidders, the Employer may, at its discretion, ask any Bidder for a clarification of its bid giving a reasonable time for a response. Any clarification submitted by a Bidder that is not in response to a request by the Employer shall not be considered. The Employer’s request for clarification and the response shall be in writing. No change, including any voluntary increase or decrease in the prices or substance of the bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the bids, in accordance with ITB 31. Bidder shall inform the Employer that it has received the Employer’s request for clarification by one of the following forms: by sending written notice directly, via post, fax or email.

2. If a Bidder does not provide clarifications of its bid by the date and time set in the Employer’s request for clarification, its bid may be rejected.

27. Deviations, Reservations, and Omissions

1. During the evaluation of bids, the following definitions apply:

(a) “Deviation” is a departure from the requirements specified in the Bidding Document;

(b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Bidding Document; and

(c) “Omission” is the failure to submit part or all of the information or documentation required in the Bidding Document.

28. Determination of Responsiveness 

1. The Employer’s determination of a bid’s responsiveness is to be based on the contents of the bid itself, as defined in ITB11.

2. A substantially responsive bid is one that meets the requirements of the Bidding Document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that,

(a) if accepted, would:

(i) affect in any substantial way the scope, quality, or performance of the Works specified in the Contract; or

(ii) limit in any substantial way, inconsistent with the Bidding Document, the Employer’s rights or the Bidder’s obligations under the proposed Contract; or

(b) if rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive bids.

3. The Employer shall examine the technical aspects of the bid submitted in accordance with ITB 16, Technical Proposal, in particular, to confirm that all requirements of Section VII (Works Requirements) have been met without any material deviation, reservation or omission.

4. If a bid is not substantially responsive to the requirements of the Bidding Document, it shall be rejected by the Employer and may not subsequently be made responsive by correction of the material deviation, reservation, or omission.

29. Nonconformities, Errors, and Omissions

1. Provided that a bid is substantially responsive, the Employer may waive any nonconformities in the Bid that do not constitute a material deviation, reservation or omission.

2. Provided that a bid is substantially responsive, the Employer may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities in the bid related to documentation requirements. Requesting information or documentation on such nonconformities shall not be related to any aspect of the price of the Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid.

3. Provided that a bid is substantially responsive, the Employer shall rectify quantifiable nonmaterial nonconformities related to the Bid Price. To this effect, the Bid Price may be adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or component. The adjustment shall be made using the methods specified in Section III (Evaluation and Qualification Criteria).

30. Correction of Arithmetical Errors

1. Provided that the bid is substantially responsive, the Employer shall correct arithmetical errors on the following basis:

(a) only for admeasurement contracts, if there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in the opinion of the Employer there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected;

(b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and (c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above.

2. Bidders shall be requested to accept correction of arithmetical errors. If the Bidder that submitted the lowest evaluated bid does not accept the correction of errors, its bid shall be disqualified and its bid security may be forfeited.

31. Subcontractors

1. Unless otherwise stated in the BDS, the Employer does not intend to execute any specific elements of the Works by sub-contractors selected in advance by the Employer.

2. The Employer may permit subcontracting for certain specialized works as indicated in Section III. When subcontracting is permitted by the Employer, the specialized sub-contractor’s experience shall be considered for evaluation. Section III describes the qualification criteria for sub-contractors.

3. Bidders may propose subcontracting up to the percentage of total value of contracts or the volume of works as specified in the BDS.

32. Evaluation of Bids

1. The Employer shall use the criteria and methodologies listed in this Clause. No other evaluation criteria or methodologies shall be permitted.

2. To evaluate a bid, the Employer shall consider the following:

(a) the bid price, excluding Provisional Sums and the provision, if any, for contingencies in the Summary Bill of Quantities for admeasurement contracts, but including Daywork items, where priced competitively;

(b) price adjustment for correction of arithmetic errors in accordance with ITB 31.1;

(c) price adjustment due to discounts offered in accordance with ITB 14.4;

(d) price adjustment for nonconformities in accordance with ITB 30.3;

(e) the additional evaluation factors are specified in Section III (Evaluation and Qualification Criteria);

3. The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be taken into account in bid evaluation.

4. If this Bidding Document allows Bidders to quote separate prices for different lots (contracts), the methodology to determine the lowest evaluated price of the contract combinations, including any discounts offered in the Letter of Bid, is specified in Section III. Evaluation and Qualification Criteria.

5. If the bid for an admeasurement contract, which results in the lowest Evaluated Bid Price, is seriously unbalanced or, front loaded in the opinion of the Employer, the Employer may require the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price analyses, taking into consideration the schedule of estimated Contract payments, the Employer may require that the amount of the performance security be increased at the expense of the Bidder to a level sufficient to protect the Employer against financial loss in the event of default of the successful Bidder under the Contract.

33. Comparison of Bids

1. The Employer shall compare the evaluated prices of all substantially responsive bids established in accordance with ITB 33.2 to determine the lowest evaluated bid.

34. Qualification of the Bidder

1. The Employer shall determine to its satisfaction whether the Bidder that is selected as having submitted the lowest evaluated and substantially responsive bid meets the qualifying criteria specified in Section III. Evaluation and Qualification Criteria.

2. The determination shall be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB 17.1.

3. An affirmative determination of qualification shall be a prerequisite for award of the Contract to the Bidder. A negative determination shall result in disqualification of the bid, in which event the Employer shall proceed to the next lowest evaluated bid to make a similar determination of that Bidder’s qualifications to perform satisfactorily.

35. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids

1. The Employer reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to contract award, without thereby incurring any liability to Bidders. In case of annulment, all bids submitted and specifically, bid securities, shall be promptly returned to the Bidders.

Award of Contract

36. Award Criteria

1. Subject to ITB 35.1, the Employer shall award the Contract to the Bidder whose bid  has been determined to be the lowest evaluated bid and is substantially responsive to the Bidding Document, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily.

37. Notification of Award

1. Prior to the expiration of the period of bid validity, the Employer shall notify the successful Bidder, in writing, via the Letter of Acceptance included in the Contract Forms, that its bid has been accepted.  At the same time, the Employer shall also notify all other Bidders of the results of the bidding, and shall publish in Procurement Gazette or well-known freely accessible website the results identifying the bid and lot (contract) numbers and the following information: 

(i) name of each Bidder who submitted a Bid; 

(ii) bid prices as read out at Bid Opening; 

(iii) name and evaluated prices of each Bid that was evaluated; 

(iv) name of bidders whose bids were rejected and the reasons for their rejection; and 

(v) name of the winning Bidder, and the Price it offered, as well as the duration and summary scope of the contract awarded.

2. Until a formal contract is prepared and executed, the notification of award shall constitute a binding Contract.

3. The Employer shall promptly respond in writing to any unsuccessful Bidder who, after notification of award in accordance with ITB 38.1, requests in writing the grounds on which its bid was not selected.

38. Signing of Contract

1. Promptly upon notification, the Employer shall send the successful Bidder the Contract Agreement.

2. Within twenty-eight (28) days of receipt of the Contract Agreement, the successful Bidder shall sign, date, and return it to the Employer.

39. Performance Security

1. Within twenty-eight (28) days of the receipt of notification of award from the Employer, the successful Bidder shall furnish the performance security in accordance with the conditions of contract, subject to ITB 33.5, using for that purpose the Performance Security Form included in Section X. Contract Forms, or another form acceptable to the Employer.

2. Failure of the successful Bidder to submit the above-mentioned Performance Security or to sign the Contract Agreement shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security. In that event the Employer may award the Contract to the next lowest evaluated Bidder whose offer is substantially responsive and is determined by the Employer to be qualified to perform the Contract satisfactorily.

40. Handling of Procurement Complaints

1. The Bidder may file any complaint with respect to procurement process and/or selection result to the Employer and/or the Competent Person or Advisory Panel (as such terms are defined in the Vietnam Procurement Law) as specified in the BDS. The procurement complaint shall be handled in accordance with the Vietnam Procurement Law. 

41. Adjudicator

1. The Employer proposes the person named in the BDS to be appointed as Adjudicator under the Contract, at the hourly fee specified in the BDS, plus reimbursable expenses. If the Bidder disagrees with this proposal, the Bidder should so state in his Bid.  If, in the Letter of Acceptance, the Employer does not agree on the appointment of the Adjudicator, the Employer will request the Appointing Authority designated in the Particular Conditions of Contract (PCC) pursuant to Clause 29.1 of the General Conditions of Contract (GCC), to appoint the Adjudicator.

ITB 1.1

The Employer is: [insert complete name]

ITB 1.1

The name of the bidding process is: [insert complete name]

The identification number of the bidding process is:  [insert identification number]

The number and identification of lots comprising this bidding process is:  [insert number of lots and identification number of each lot, if applicable]

ITB 2.1

The financing institution is: [insert Asian Development Bank (ADB) or The International Bank for Reconstruction and Development or the International Development Association]

ITB 2.1

Loan or Financing Agreement amount: [insert amount]

The name of the Project is:  [insert name of the Project]

ITB 4.1

Maximum number of members in the JV shall be: [insert number]. 

ITB 4.4

For contracts financed by ADB: Please insert:

A list of debarred firms and individuals is available on the Bank’s external website: http://www.adb.org/site/integrity/sanctions

For contracts financed by WB: Please insert:

A list of debarred firms and individuals is available on the Bank’s external website: http://www.worldbank.org/debarr

ITB 4.5

The Employer: [insert name of the Employer] 

The project executing agency: [insert name of the executing agency as specified in the Financing Agreement]

Firms wholly- or partly-owned by the state should submit the following documents:

- Decision of establishment

- Certificate of Business Registration

- Business Charter

- Links between members of Board of Directors, Board of Management, Supervisory Board (each as applicable) and senior management  with the ______[insert name of Employer and the project executing agency] for the contract

- Updated list of shareholders (if relevant)

- Any other relevant document that may establish/confirm the firm’s status

ITB 7.1

For clarification purposes only, the Employer’s address is:

Attention: [insert full name of person, if applicable]

Street Address: [insert street address and number]

Floor/Room number: [insert floor and room number, if applicable]

City: [insert name of city or town]

Country: Vietnam

Telephone: :  [insert telephone number, including country and city codes]

Facsimile number: [insert phone number, with country and city codes]

Electronic mail address: [insert email address, if applicable]

The clarification requests must be received by the Employer no later than [insert number of days] prior to the deadline for submissions of Bids. 

ITB 7.3

A site visit conducted by the Employer [insert “shall be” or “shall not be”] organized at the following date, time and place:

[insert date, time & place below, if applicable]

Time:

Place:

ITB 7.4

A Pre-Bid meeting [insert “shall” or “shall not”] take place.  If a Pre-Bid meeting will take place, it will be at the following date, time and place: [insert date, time & place below, if applicable]

Time: 

Place: 

ITB 8.3

The Addendum of the Bidding Document shall be sent to all bidders who have obtained the bidding document from the Employer. The Addendum shall be sent no later than______ [insert no. of days] before the bid submission deadline. 

[The number of days given must be long enough for the bidder to take the addendum into account in preparing their bids and not shorter than 3 working days].

 If the Employer fails to send the addendum within the period as specified as above, the Employer shall extend the deadline for submission of Bids.

ITB 11.1 (b)

The following schedules shall be submitted with the bid: [insert schedules that must be submitted with the Bid, including the priced Bill of Quantities for admeasurement contracts or Activity Schedule for lump sum contracts]

ITB 11.1 (j)

The Bidder shall submit with its bid the following additional documents: [insert type of any additional documents not already listed in ITB 11.1 that must be submitted with the Bid].

ITB 13.1

Alternative bids [insert “shall be” or “shall not be”] permitted.

ITB 13.2

Alternative times for completion [insert “shall be” or “shall not be”] permitted.

If alternative times for completion are permitted, the evaluation method will be as specified in Section III (Evaluation and Qualification Criteria).

ITB 13.4

Alternative technical solutions shall be permitted for the following parts of the Works: [insert parts of the Works]

If alternative technical solutions are permitted, the evaluation method will be as specified in Section III (Evaluation and Qualification Criteria).

ITB 14.5

The prices quoted by the Bidder [insert “shall be” or “shall not be”] subject to adjustment during the performance of the Contract.  

ITB 18.1

The bid validity period shall be: [insert the number of days that is a multiple of seven counting as of the deadline for bid submission] days.

ITB 19.2

The amount of the bid security shall be: [Insert amount of the bid security in VND. Depending on the nature of the package, the amount of the bid security may be equal to 1-1.5% of the engineer’s estimates].  

[In case of lots, insert amount of the Bid Security for each lot]

ITB 20.1

In addition to the original of the bid, the number of copies is: [insert number of copies required].

ITB 20.2

The written confirmation of authorization to sign on behalf of the Bidder shall consist of: [insert the name and description of the documentation required to demonstrate the authority of the signatory to sign the Bid. Employer may wish to consider the following language:

“An organizational document, board resolution or its equivalent, or power of attorney specifying the representative’s authority to sign the Bid on behalf of the Bidder. If the Bidder is an existing joint venture, the power of attorney should be signed by all partners and specify the authority of the named representative of the joint venture to sign on behalf of the existing joint venture.”]

ITB 22.1 

For bid submission purposes only, the Employer’s address is: [insert all required and applicable information]

Attention: 

Street Address: 

Floor/Room number: 

City: 

Country: Vietnam

The deadline for bid submission is:

Date: 

Time: 

[Insert the date, time as appropriate to the size and nature of the package. The time allowed for the preparation and submission of bids for large and/or complex packages shall not be less than thirty (30) days from the date of the invitation to bid or the date of availability of the bidding documents, whichever is later.]

ITB 25.1

The bid opening shall take place at: [insert all required and applicable information]

Street Address: 

Floor/Room number: 

City: 

Country: Vietnam

Date: 

Time: 

[Insert date, time and venue of the bid opening which is within 1 hour after the deadline for bid submission]

ITB 32.1

At this time the Employer _______[insert does or does not] intend to execute certain specific parts of the Works by sub-contractors selected in advance by the Employer.

ITB 32.3

a) Bidder’s proposed subcontracting: Maximum percentage of subcontracting permitted is: [choose one of the two options below]

_______[insert percentage] of the total contract amount 

[or] 

_______[insert percentage]  of the volume of work. 

b) Bidders planning to subcontract more than 10% of total volume of work shall specify the activity (ies) or parts of the works to be subcontracted along with complete details of the sub-contractors and their qualification and experience, using the form titled “List of proposed subcontractor” provided in Section IV, Bidding Forms. The qualification and experience of the sub-contractors must meet the minimum criteria for the relevant work to be sub-contracted failing which such sub-contractors will not be permitted to participate.

c) Except for specialized sub-contractor as mentioned in ITB 32.2, sub-contractors’ qualification and experience will not be considered for evaluation of the Bidder. 

ITB 41.1

- The Employer’s address: [insert name, address, tel, fax of the Employer]

- The Competent Person’s address:  [insert name, address, tel, fax of the Competent Person]

- The Advisory Panel: [insert name, address, tel, fax of the Advisory Panel]

ITB 42.1

The Adjudicator proposed by the Employer is:_________________[insert name and address of proposed Adjudicator].  The hourly fee for this proposed Adjudicator shall be:__________[insert amount in Vietnamese Dong].  The biographical data of the proposed Adjudicator is as follows: ___________________________________________________________ [provide relevant information, such as education, experience, age, nationality, and present position; attach additional pages as necessary]  

This Section contains all the criteria that the Employer shall use to evaluate Bids and qualify Bidders if the bidding was not preceded by a prequalification exercise and postqualification is applied. The Bank requires Bidders to be qualified by meeting predefined, precise minimum requirements. The method entails setting pass-fail criteria, which, if not met by the Bidder, results in disqualification.  It will therefore be necessary to ensure that a Bidder’s risk of having its bid rejected on grounds of qualification is remote if due diligence is exercised by the Bidder during bid preparation. For that purpose, clear-cut, fail-pass qualification criteria need to be defined and indicated in the Invitation for Bids and the Bidding Document in order to enable Bidders to make an informed decision whether to pursue a specific contract and, if so, whether to pursue it as a single entity or in joint venture. The criteria adopted must relate to characteristics that are essential to ensure satisfactory execution of the contract, and must be stated in unambiguous terms. In accordance with ITB 33 and ITB 35, no other methods, criteria and factors shall be used. The Bidder shall provide all the information requested in the forms included in Section IV (Bidding Forms).  

In case the bidding was preceded by a prequalification process updating of information pertaining to a bidder’s eligibility, pending litigation and arbitration (if it was indicated as an applicable criterion), and financial situation will be necessary during bidding.

All Partners Combined

Each       Partner

One         Partner

Nationality in accordance with ITB Sub-Clause 4.3.

must meet requirement

must meet requirement

must meet requirement

not applicable

Forms

ELI – 1; ELI – 2

with attachments

No conflicts of interest in accordance with ITB Sub-Clause 4.2.

must meet requirement

must meet requirement

must meet requirement

not applicable

Letter of Bid

Not having been declared ineligible by the Bank, as described in ITB Sub-Clause 4.4.

must meet requirement

must meet requirement

must meet requirement

not applicable

Letter of Bid

Bidder required to meet conditions of ITB Sub-Clause 4.5.

must meet requirement

must meet requirement

must meet requirement

not applicable

Forms
ELI – 1, ELI – 2
with attachments

Not having been excluded by an act of compliance with a UN Security Council resolution or Vietnamese law, both in accordance with ITB 4.6 and Section V.

must meet requirement

must meet requirement

must meet requirement

not applicable

Letter of Bid

Criteria

Compliance Requirements

Documents

Requirement

Single Entity

Joint Venture

Submission Requirements

All Partners Combined

Each       Partner

One         Partner

Non-performance1 of a contract did not occur within the last …………2 years prior to the deadline for bid submission.

must meet requirement 

not applicable

must meet requirement

not applicable

Form CON - 1

Criteria

Compliance Requirements

Documents

Requirement

Single Entity

Joint Venture

Submission Requirements

All Partners Combined

Each       Partner

One         Partner

All pending litigation and arbitration, if any, shall be treated as resolved against the Bidder and so shall in total not represent more than . . . . . . . . . . . . . . . . . 2 percent of the Bidder’s net worth calculated as the difference between total assets and total liabilities.

must meet requirement by itself or as partner to past or existing JV

not applicable

must meet requirement by itself or as partner to past or existing JV

not applicable

Form LIT - 1

Criteria

Compliance Requirements

Documents

Requirement

Single Entity

Joint Venture

Submission Requirements

All Partners Combined

Each       Partner

One         Partner

Submission of audited financial statements or, if not required by the law of the Bidder’s country, other financial statements acceptable to the Employer, for the last . . . . . . . . . . . . 1. years to demonstrate the current soundness of the Bidder’s financial position. As a minimum, the Bidder's net worth for the last year, calculated as the difference between total assets and total liabilities should be positive.

must meet requirement

not applicable

must meet requirement

not applicable

Form FIN - 1    with attachments

Criteria

Compliance Requirements

Documents

Requirement

Single Entity

Joint Venture

Submission Requirements

All Partners Combined

Each       Partner

One         Partner

Minimum average annual construction turnover of VND . . . . . . . . . . . 1 calculated as total certified payments received for contracts in progress or completed, within the last . . . . . . . .  2 years.

must meet requirement

must meet requirement

must meet

 3 

. . . . . .. . . . . 

 of the requirement

must meet 

4

. . . . . . . . . 

of the requirement

Form FIN - 2

Criteria

Compliance Requirements

Documents

Requirement

Single Entity

Joint Venture

Submission Requirements

All Partners Combined

Each       Partner

One         Partner

Using Forms FIN-3 and FIN-4 in Section IV (Bidding Forms), the Bidder must demonstrate access to, or availability of, liquid assets1, lines of credit, or other financial resources (other than any contractual advance payments) to meet the Bidder’s financial resources requirement  indicated in Form FIN-4.

must meet requirement

must meet requirement

must meet

 2 

. . . . . .. . . . . 

 of the requirement

must meet 

3

. . . . . . . . . 

of the requirement

Form FIN – 3 and Form FIN - 4

Criteria

Compliance Requirements

Documents

Requirement

Single Entity

Joint Venture

Submission Requirements

All Partners Combined

Each       Partner

One         Partner

Participation in at least one contract that has been successfully or substantially completed within the last . . . . . 1 years and that is similar to the proposed works, where the value of the Bidder’s participation exceeds VND . . . . . . . . . 2. The similarity of the Bidder’s participation shall be based on the physical size, nature of works, complexity, methods, technology or other characteristics as described in Section VII (Works Requirements).

must meet requirement

must meet requirement

not applicable3

must meet requirement 

Form EXP-1

Participation in at least two contracts that have been successfully or substantially completed within the last . . . . . 1 years and that are similar to the proposed works, where the value of the Bidder’s participation exceeds VND . . . . . . . . . 2. The similarity of the Bidder’s participation shall be based on the physical size, nature of works, complexity, methods, technology or other characteristics as described in Section VII (Works Requirements).

must meet requirement

must meet requirement as follows:

Either one partner must meet requirement Or

any two partners must each demonstrate one (1) successfully or substantially  completed contract of similar size and nature

not applicable3

not applicable

Form EXP - 1

Criteria

Compliance Requirements

Documents

Requirement

Single Entity

Joint Venture

Submission Requirements

All Partners Combined

Each       Partner

One         Partner

For the above or other contracts executed during the period stipulated in 2.5.1 above, a minimum construction experience in  the following key activities:

must meet

requirements

must meet

requirements2

not applicable

not applicable

Form EXP-2

The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and address.

Note:  All italicized text is for use in preparing these forms and shall be deleted from the final products.

Name of Recipient

Address

Reason

Amount

A. Substructure

1

Earth Work

1.1

Excavation works (1,250 m3)

1.2

Backfilling (1,415 m3)

2

Concrete Works

2.1

Concrete for footing (350 m3)

2.2

Column necks (360 m3)

3.

Waterproofing Works

B. Superstructure

4.

Ground Floor

4.1

Ground Floor Columns (310 m3)

4.2

Ground Floor Slab and Stairs (785 m3)

5.

First Floor

5.1

First Floor Columns (310 m3)

5.2

First Floor Slab and Stairs (785 m3)

etc…

C. Rough Finishes

6.

Ground Floor

6.1

Masonry Works (1,055 m2)

6.2

Ceramic Tiles (1,925 m2)

7.

First Floor

7.1

Masonry Works (1,055 m2)

7.2

Ceramic Tiles (1,925 m2)

etc…

D. Final Finishes

8.

Ground Floor

8.1

Paint Works (3,655 m2)

8.2

Doors and Windows (165)

9.

First Floor

9.1

Paint Works (3,655 m2)

9.2

Doors and Windows (165)

etc…

E. Electrical Works

10.

Ground Floor

10.1

Panelboards, Wiring Devices, and Circuit Breaker Installations

10.2

Socket Outlets, Lighting Fixtures, and Switches 

11.

First Floor

11.1

Panelboards, Wiring Devices, and Circuit Breaker Installations

11.2

Socket Outlets, Lighting Fixtures, and Switches 

etc.

F. Mechanical Works

12.

Ground Floor

12.1

Pipes and Fittings (1,415 m)

12.2

Plumbing

12.3

Cooling System

13

First Floor

13.1

Pipes and Fittings (1,250 m)

13.2

Plumbing

13.3

Cooling System

G. Other Works

14.

Elevator System

15.

Security System (CCTV, etc…)

16.

Generator System

17.

Fencing

18.

Landscaping

etc.

TOTAL

Unit

Abbreviation

Unit

Abbreviation

cubic meter

hectare

kilogram

meter

m3 

ha

kg

m

millimeter

number

square meter

square millimeter

mm

nr

m2 

mm2 

Item no.

Description

Unit

Quantity

Rate

Amount

101

Performance Bond/Guarantee

sum

item

—

102

Insurance of the Works

sum

item

—

103

Insurance of Contractor’s Equipment

sum

item

—

104

Third-Party Insurance

sum

item

—

105

Allow for maintenance of Works for 12 months after completion

month

12

106

—etc.—

112

Provide and equip Project Manager’s offices

nr

2

113

Maintain Project Manager’s offices for 24 months, including services

month

24

114

—etc.—

121

Provide diversion road

sum

item

—

122

Provide for traffic control and maintenance of diversion road

month

24

—

123

—etc.—

132

Provide for cleaning up the Site on completion

—etc.—

sum

item

—

Total for Bill No. 1

(carried forward to Summary, p. )

Item no.

Description

Unit

Quantity

Rate

Amount

201

Excavate topsoil to maximum depth 25 cm and stockpile for reuse, maximum haul distance 1 km

m3

95,000

202

Excavate topsoil to maximum depth 25–50 cm, and dispose

m3

15,000

203

—etc.—

206

Excavate fill material from cuttings or approved borrow pits, haul up to 1 km, deposit, shape, and compact to fill

m3

258,000

207

Excavate rock in cuttings and dispose, any depth

m3

25,000

208

—etc.—

Total for Bill No. 2

(carried forward to Summary, p. )

Item no.

Description

Unit

Quantity

Rate

Amount

301

Excavate in all materials other than rock from ground level to underside of foundations, maximum depth 5 m, and dispose

m3

18,500

302

Excavate in all materials other than rock, depth 5 m to 7.5 m

m3

2,500

303

Provisional Item

As Item 302, depth 7.5 m to 10 m

m3

500

304

—etc.—

311

Concrete class B in abutments

m3

18,500

312

—etc.—

318

Mild steel reinforcement in abutments and piers up to 20 mm diameter

t

370

319

—etc.—

Total for Bill No. 3

(carried forward to Summary, p. )

Item no.

Description

Unit

Nominal Quantity

Rate

Extended Amount

D100

Ganger

hour

500

D101

Laborer

hour

5,000

D102

Bricklayer

hour

500

D103

Mason

hour

500

D104

Carpenter

hour

500

D105

Steelwork Erector

hour

500

D106

—etc.—

hour

D113

Driver for vehicle up to 10 tons

hour

1,000

D114

Operator for excavator, dragline, shovel, or crane

hour

500

D115

Operator for tractor with dozer blade or ripper

hour

500

D116

—etc.—