Circular No. 14/2016/TT-BKHDT dated September 29, 2016 on guidelines for Bidding Documents for Procurement of Non-consulting Services

THE MINISTRY OF PLANNING AND INVESTMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness ---------------
No. 14/2016/TT-BKHDT	Hanoi, September 29, 2016

 

CIRCULAR

ON GUIDELINES FOR BIDDING DOCUMENTS FOR PROCUREMENT OF NON-CONSULTING SERVICES

Pursuant to the Law on bidding No. 43/2013/QH13 dated November 26, 2013;

Pursuant to Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 on guidelines for the Law on Investment in terms of selection of Contractors;

Pursuant to the Government's Decree No. 116/2008/ND-CP dated November 14, 2008 defining the functions, tasks, entitlements and organizational structure of the Ministry of Planning and Investment;

At the request of Director of Public Procurement Agency;

The Minister of Planning and Investment promulgates a Circular on guidelines for Bidding Documents for Procurement of Non-consulting Services as follows:

Article 1. Scope

This Circular provides guidelines for making Bidding Documents for Procurement of Non-consulting Services up to VND 10 billion (small-scale procurement) under scope of regulation of the Law on Bidding No. 43/2013/QH13. The template of Bidding Documents for Procurement of Non-consulting Services enclosed herewith shall be used through competitive bidding or selective bidding under single-stage and one-envelope bidding procedure.

Article 2. Regulated entities

1. This Circular applies to entities engaging in or involving in selection of Contractors under scope of regulation prescribed in Article 1 of this Circular.

2. Entities engaging in selection of Contractors not under scope of regulation prescribed in Article 1 of this Circular are also encouraged to apply Article 1 of this Circular.

Article 3. Applying Bidding Documents’ Forms for Non-consulting Services

1. Non-consulting Services include: logistics, insurance; advertisement; training, testing and commissioning; mapping; printing; funeral; hygiene; management and operation of building; accountant; communication; public transportation; planting and management of trees; water supply and drainage; power supply, lighting; collection, sorting and treatment of waste and wastewater; photography; packing; photocopying and other activities are not consulting services specified in the Clause 8 Article 4 of the Law on Bidding No. 43/2013/QH13.

2. With regard to procurement of non-consulting services funded by ODA, the Bidding Documents issued herewith shall apply with the consent of the donors or be amended in accordance with regulations on bidding in treaties, international agreements between Vietnam and those sponsors.

3. In case of international bidding, according to scope and nature of procurement, the Bidding Documents shall be modified in terms of bid price, language, currency, incentives, periods and others in accordance with the Law on Bidding No. 43/2013/QH13, Decree No. 63/2014/ND-CP .

4. In case of procurement of non-consulting services exceeding VND 10 billion or not exceeding VND 10 billion but using single-stage and two-envelope bidding procedure, the Bidding Documents shall be modified in accordance with the Law on Bidding No. 43/2013/QH13, Decree No. 63/2014/ND-CP .

5. Guidelines for using Bidding Documents’ Forms for Non-consulting Services:

All requirements in the Bidding Documents must be provided according to the rules of competition, equity, transparency and economic efficiency; no requirement is given for the purpose of restricting participation of bidders, providing advantages for one or some of bidders resulting in the unfair competition. If the Bidding Documents’ Forms are modified, entities in charge of making, assessing, and approving Bidding Documents must ensure that the modified documents are done more appropriately, scientifically, and closely than the Bidding Documents’ Forms and in accordance with regulations and laws on bidding. The request for approving Bidding Documents must clarify contents to be modified and reasons. Bidding Documents’ Forms include:

Chapter I. Instructions to Bidders

This Chapter provides information to help Bidders prepare their Bids. This Chapter contains provisions that are to be used without modification.

Chapter II. Bid Data Sheet

This Chapter includes provisions that are specific to each procurement and that supplement Chapter I according to scope and nature of the procurement.

Chapter III. Evaluation and Qualification Criteria

This Chapter refers to criteria for evaluate Bids in terms of qualification, technical and finance-trade aspects. According to scope and nature of procurement, criteria shall be established scientifically and particularly and in accordance with procurement requirements as specified in the Notes.

Chapter IV. Bidding Forms

This Chapter includes the forms, which, once completed, incorporates to the Bid, basically, are to be used without modification.

Chapter V. Supply Requirements

This Chapter includes scope of procurement, plan, and technical specifications. Scope of procurement, schedule, and technical specifications shall be given generally according to finished product; no requirement is given for the purpose of restricting participation of bidders or causing unfair competition.

Chapter VI. General Condition of Contract

This Chapter includes the general clauses to be applied in all Contracts of different procurements. In case of simple and normal procurements of non-consulting services (with low value, short Contract duration, work items to be completed are not professionally or technically required) lump sum Contract shall prevail. When the lump sum Contract is applied, the Bidder must calculate and allocate contingency costs in the Bid Price; the contingency costs shall not be separated to evaluate the Bid in terms of finance and trade aspects.

If the procurement of non-consulting services is not simple, with long Contract duration and the application of lump sum Contract is considered not effective, fixed-price Contract, adjustable-price Contract or combination of Contract types may be applied. When the Bid is evaluated in terms of finance and trade aspects, contingency costs shall not be considered in the comparison and ranking of Bidders. The contingency costs shall be determined accurately in the course of negotiation of Contract. The successful bid and Contractual price must include contingency costs; the contingency costs shall be managed by the Employer and only be used to pay for Bidders under the Contract's terms.

The Bidding Documents must specify in detail contents and rules for using contingency costs serving as basis for submission of bid, signing and performing Contract, in which specific amounts or ratio (%) of contingency costs to service charges shall be specified. The Bidder must offer contingency costs in accordance with requirements of Bidding Documents.

Chapter VII. Special Conditions of Contract

This Chapter includes provisions that supplement Chapter VI specific to each procurement to complete the Contract and ensure that the signing and performance of Contract is feasible.

Chapter VIII. Contract Forms

This Chapter contains forms which, once completed, will form part of the Contract.

Appendix. Some examples of technical evaluation criteria and technical specifications according to the finished product.

These examples are technical evaluation criteria which applies weighted scoring method, pass-fail system; technical specifications according to the finished product and Contract Appendix on payment exemption.

Article 4. Implementation

1. This Circular comes into force from December 1, 2016.

2. Ministries, ministerial-level agencies, Governmental agencies, other agencies of central government, People’s Committees, relevant organizations and individuals shall implement this Circular. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and Investment for consideration.

 

Minister Nguyen Chi Dung

 

REQUEST FOR BIDS NON-CONSULTING SERVICES

APPLICABLE TO SINGLE-STAGE AND SINGLE-ENVELOPE PROCEDURE

 

REQUEST FOR BIDS

Ref No. of procurement: __________

The package’s name: _________________

Project: _________________

[insert the procurement number, package’s name and the project’s name according to the plan for Bidder selection]

Issued on: _________________

[insert date of issuing invitation for bids for Bidders]

Issued together with Decision: _________________

[insert number and date of the Decision on approval for the invitation for bids]

 

Consulting by (if any) [full name and seal]

Employer  [full name and seal]

 

TABLE OF CONTENTS

Abbreviations

Part 1. Bidding Procedures

Chapter I. Instructions to Bidders

Chapter II. Bid Data Sheet (BDS)

Chapter III. Evaluation and Qualification Criteria

Chapter IV. Bidding Forms

Form No. 1(a). Letter of Bid (applicable to the Bidder who has discount offer in the Letter of Discount)

Form No.1 (b). Letter of Bid (applicable to the Bidder who has discount offer in the Letter of Bid)

Form No. 2. Power of Attorney

Form No. 3. Joint Venture Agreement

Form No. 4(a). Bid Security (applicable to individual Bidders)

Form No.4 (b). Bid Security (applicable to the JV Bidder)

Form No. 5(a). Grand Summary (applicable to the lump-sum contract)

Form No.5 (b). Grand Summary (applicable to the fixed unit price contract)

Form No. 5(c). Grand Summary (applicable to the adjustable unit price contract)

Form No. 6(a). Bidder Information

Form No.6 (b). Bidder’s JV Members Information Form

Form No. 7. List of companies in charge of work items

Form No. 8. Previous Contract Non-Fulfillment Records

Form No. 9. Financial Situation of the Bidder

Form No. 10. Average annual turnover

Form No. 11. Financial Resources

Form No. 12. Financial Resource Requirement

Form No. 13. Similar contracts performed by the Bidder

Form No. 14. Table of proposed personnel for key positions

Form No. 15. Curriculum Vitae of personnel for key positions

Form No. 16. Equipment

Form No. 17(a). Work items performed by subcontractors

Form No.17 (b). Work items performed by special subcontractors

Form No. 18. Method and general methodology proposed by the Bidder to provide non-consulting services

Part 2. Supply Requirements

Chapter V. Supply Requirements

Part 3. Conditions of Contract and Contract Forms

Chapter VI. General Conditions of Contract

Chapter VII. Special Conditions of Contract

Chapter VIII. Contract Forms

Form No. 19. Letter of Acceptance and Notification of Award

Form No. 20. Contract

Form No. 21. Performance Security

Form No. 22. Bank Guarantee for Advance payment

Appendix. Some examples of technical evaluation criteria and technical specifications according to outputs

 

ABBREVIATIONS

Law on Bidding	Law on bidding No. 43/2013/QH13 dated November 26, 2013 of the National Assembly
Decree No. 63/2014/ND-CP	Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 on guidelines for the Law on bidding in terms of selection of bidders
ITB	Instructions to Bidders
BDS	Bid Data Sheet
GCC	General Conditions of Contract
SCC	Special Conditions of Contract
VND	Vietnamese dong

 

Part 1. BIDDING PROCEDURES

CHAPTER I. INSTRUCTIONS TO BIDDERS

A. GENERAL

Section 1. Scope of Bid

1.1. The Employer indicated in the BDS, issues these Bidding Documents for the procurement of non-consulting services as specified in Part 2 – Supply Requirements.

1.2. Contract duration shall comply with the BDS.

Section 2. Sources of Funds

Sources of Funds (or capital-raising methods) to be used for the package are specified in the BDS.

Section 3. Fraud and Corruption

Fraud and Corruption are prescribed in Article 89 of the Law on Bidding.

Section 4. Bidder’s eligibility

4.1. Have enterprise registration certificate, establishment decision (or equivalent documents of constitution or association) issued by the competent authority of the country in which the Bidder is operating.

4.2. Keep independent accounting records.

4.3. Be not undergoing dissolution process, are not thrown into bankruptcy, and do not incur bad debts as prescribed by law.

4.4. Ensure competitiveness in bidding as prescribed in Article 6 of the Law on Bidding and Article 2 of Decree No. 63/2014/ND-CP .

4.5. Be not banned from bidding as prescribed in law on bidding.

4.6. Have registered on national bidding network.

Section 5. Contents of Bidding Document

5.1. The Bidding Documents consist of Part 1, Part 2, Part 3 in conjunction with any Addendum to the Bidding Documents (if any), specifically including the following contents:

Part 1. Bidding Procedures:

- Chapter I. Instructions to Bidders;

- Chapter II. Bid Data Sheet;

- Chapter III. Evaluation and Qualification Criteria;

- Chapter VI. Bidding Forms.

Part 2. Supply Requirements:

- Chapter V. Supply Requirements.

Part 3. Conditions of Contract and Contract Forms:

- Chapter VI. General Condition of Contract;

- Chapter VII. Special Conditions of Contract;

- Chapter VIII. Contract Forms.

5.2. Invitation for Bid, Notification for Bid issued or provided by Employer is not a part of the Bidding Documents.

5.3. The Employer is not responsible for the accuracy and completeness of the Bidding Documents and their addenda, minutes of pre-bid meeting (if any) or documents on amendments to Bidding Documents as specified in ITB Section 7 if they were not obtained directly from the Employer. If documents received by the Bidder and documents issued by the Employer are different, the later shall apply.

5.4. The Bidder shall to examine all instructions, forms, terms, and specifications in terms of the Supply Requirements and other requirements in the Bidding Documents to furnish all information or documentation required by the Bidding Documents.

Section 6. Clarification of Bids

6.1. A prospective Bidder requiring any clarification of the Bidding Documents shall contact the Employer in writing or ask questions in the pre-bid meeting (if any). The Employer will respond in writing to any request for clarification, provided that such request is received no later than a given days prior to the deadline for submission of Bid as specified in BDS. The Employer shall forward copies of its response to the Bidder making such a request and all those who have acquired the Bidding Documents directly from it, including a description of the inquiry but without identifying its source.   Should the Employer deems it necessary to amend the Bidding Documents as a result of a clarification, it shall do so following the procedure under ITB Section 7.

6.2. In exceptional circumstances, the Employer shall hold a Pre-Bid Meeting to clarify issues and answer questions on any matter that may be raised in connection with the Bidding Documents. The minutes of the pre-bid meeting and the Clarification of Bidding Documents shall be made by the Employer and forwarded to all those who have acquired the Bidding Documents directly from the Employer. Should the Employer deem it necessary to amend the Bidding Documents as a result of a pre-bid meeting, it shall do so following the procedure under ITB Section 7, the minutes of the pre-bid meeting is different from the addendum of Bidding Documents. Absence from the pre-bid meeting is not a reason for disqualifying a Bidder.

Section 7. Amendment of Bidding Documents

7.1. At any time prior to the deadline for submission of Bid, the Procuring Entity may amend the Bidding Documents by issuing addendum.

7.2. Any addendum issued shall be part of the Bidding Documents and shall be communicated in writing to all who have obtained the Bidding Documents from the Employer.

7.3. In a case where the Investor amends Bidding Documents, the Employer shall send the decision on amendments and detailed clarifications to the Bidders. Each addendum shall be sent to the Bidders within a given time as specified in the BDS. To give prospective Bidders reasonable time in which to take an addendum into account in preparing their bids, the Employer may extend the deadline for submission of Bid, in accordance with ITB Section 21.2. The Bidder shall notify the Employer of acknowledgment of the addendum by one of the following methods: by hand, by post, via fax or email.

Section 8. Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of its bid. The Employer shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding process.

Section 9. Site Visit 1

9.1. In necessary cases, the Bidder is encouraged to visit and examine the Site for preparing the Bid. The Employer shall enable and instruct the Bidder to visit and examine the Site. The costs of visiting the Site shall be at the Bidder’s own expense.

9.2. The Employer shall not incur legal responsibility for any risk faced by the Bidder arising from the Site visit such as accidents, property losses and other risks.

Section 10. Language of Bid

The Bid, as well as all correspondence and documents related to the Bid exchanged by the Bidder and the Employer 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 a translation into Vietnamese. In case of absence of the translation, the Employer may request the Bidder to supplement when necessary.

Section 11. Currencies of Bid and Payment

Bid currency and Payment currency payment is VND.

Section 12. Documents Comprising the Bid

The Bid shall comprise the following:

12.1. Letter of Bid, in accordance with ITA Section 13;

12.2. Joint venture agreement (for any Bidder in a joint venture) using form 03 Chapter IV - Bidding Forms;

12.3. Bid Security, in accordance with ITA Section 18;

12.4. Written confirmation authorizing the Bidder, the signatory of the Bid to commit the Bidder, in accordance with ITB Section 3 and Section 19.3;

12.5. Documentary evidence in accordance with ITB Section 16 establishing the Bidder’s qualifications; 

12.6. Technical Proposal and documentary evidence in accordance with ITB Section 15, that Services conform to the Bidding Document;

12.7. Price Proposal and Activity Schedules completed, in accordance with ITB Section 13 and Section 14; and

12.8. Any other document required as specified in the BDS.

Section 13. Letter of Bid and Activity Schedule

The Bidder shall prepare the Letter of Bid and priced Activity Schedule using the relevant  forms furnished in Section IV - Bidding Forms.

Section 14. Bid Prices and Discounts

14.1. Bid price means the price to be quoted in the Letter of Bid, including the total price of the bid (excluding any discounts offered) to perform the package, in accordance with Part 2 – Supply requirements.

14.2. The Bidder shall submit the Bid with all lots and items specified in ITB Section 1.1 and the Bid unit price and amount of all lots and items shall be stated in columns “List of Services” and "Description" in the Grand Summary for each item or component prescribed in Chapter IV - Bidding Forms.

In case the Bidder insert no value or insert “0” in the columns “unit price” and “total price”, the Bidder shall be considered allocating the price of this service item to another service item of the package, the Bidder shall be responsible for executing these service items in conformity with the Bidding Documents’ requirements without any payment from the Investor during the contract performance.

14.3. Discount offered by the Bidder shall be written directly on the Letter of Bid or on a separate Letter of Discount. The Bidder shall specify the discounting method and discounted items mentioned in Columns “List of Services”. If discounting method is not specified, it will be understood all items mentioned in the column “List of Services” receive equal discounts. The Letter of Discount may be submitted separately or together with the Bid as long as it is received by the Employer before the deadline for submission of Bid. Any Letter of Discount separately submitted shall comply with ITB Sections 20.2 and 20.3. The Letter of Discount shall be preserved as part of the Bid and opened together with the Bid.

14.4. The Bidder shall be held accountable for their unit price to perform task as required by the Bidding Documents, if the Bid Price is not usual, the Employer may request the Bidder to clarify the proportion of unit price in accordance with ITB Section 26.  The Bid Price quoted by the Bidder shall include all taxes, fees and charges (if any) determined at 28 days prior the deadline for submission of Bid. In case the Bid Price is not inclusive of taxes, fees and charges (if any), the Bid of the Bidder shall be rejected.

Section 15. Documents Establishing the Conformity of Services

15.1. To establish the conformity of the Non-Consulting Services to the bidding document, the Bidder shall furnish as part of its Bid the documentary evidence that Services provided conform to the technical specifications and standards specified in Chapter V Part 2 - Supply Requirements.

15.2. Standards for provision of the Non-Consulting Services are intended to be descriptive only and not restrictive.  The Bidder may offer other standards of quality provided that it demonstrates, to the Employer’s satisfaction, that the substitutions ensure substantial equivalence or are superior to those specified in the Chapter V - Supply Requirements.

Section 16. Documents Establishing the Eligibility and Qualifications of the Bidder

16.1. The Bidder shall fill essential information in the forms mentioned in Chapter IV – Bidding Forms to establish the Bidder’s qualifications to perform the contract in accordance with Chapter III - Evaluation and Qualification Criteria. The Bidder shall prepare original documents for verification at the request of the Employer.

16.2. The documentary evidence of the Bidder’s qualifications to perform the Contract if its Bid is accepted as provided for in the BDS.

Section 17. Period of Validity of Bids

17.1. The Bid shall remain valid for the period which is not shorter than the period specified in the BDS.

A Bid valid for a shorter period shall not be considered further.

17.2. 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. If a Bid Security is requested, it shall also be extended for a corresponding period (equivalent to the extended validity period plus 30 days).  If the Bidder refuses the request, its Bid shall not be kept considering and the Bid Security shall be returned. The Bidder accepting the request may not change any content of the Bid.  The request for extension and the responses shall be made in writing.

Section 18. Bid Security

18.1. When submitting a bid, the Bidder shall furnish a Bid Security before the deadline for submission of Bid in the form of either a letter of credit or a bank guarantee from a bank or a credit institution lawfully operating in Vietnam or a deposit in cheque under ITB Section 18.2.  If the letter of credit is used, it must be made in accordance with Form 04 of Chapter IV - Bidding Forms or in another form provided that it contains essential contents. In the event that the validity period of the bid is extended as prescribed in ITB Section 17.2, the Bid Security is also extended with the same validity period.

If a joint venture makes a bid, it may perform the Bid Security following one of two methods below:

a) Every JV’s Party may perform separate Bid Security provided that total value of the Bid Security is not lower than that mentioned in ITB Section 18.2; if the Bid Security is not valid, the Bid of the joint venture shall be rejected as non-responsive. If any JV’s Party violates law on bidding leading its Bid Security is not returned as prescribed in ITB Section 18.5, and the Bid Security shall not be returned.

b) If all JV’s Parties conclude an agreement in which one Party will be responsible for its Bid Security or for Bid Security of other Parties in the joint venture. The Bid Security shall be in the name of the joint venture or the JV’s Party in charge provided that the total value is not lower than that mentioned in ITB Section 18.2. If any JV’s Party violates law on bidding leading its Bid Security is not returned as prescribed in ITB Section 18.5, and the Bid Security shall not be returned.

18.2. Value, currency and validity period of the Bid Security shall be specified in the BDS.

18.3. A Bid Security shall be considered ineligible in one of the following cases: it has lower value, shorter validity period as required in ITB Section 18.2, inaccurate the Employer’s name (beneficiary), non-original paper and invalid signature and accompanying of disadvantaged conditions to the Employer.

18.4. The unsuccessful Bidder shall be either returned or released the Bid Security within the period as prescribed in the BDS, from the date on which the notification of the Bidder selection is sent. With regard to the successful Bidder, the Bid Security shall be returned or released after the Bidder performs Performance Security.

18.5. The Bid Security shall not be returned in one of the following cases:

a) The Bidder withdraws its Bid after the deadline for submission of Bid and during the period of bid validity;

b) The Bidder violates law on bidding which leads to be cancelled bid as prescribed in ITB Section 35.1;

c) The Bidder fails to furnish the Performance Security as prescribed in ITB Section 40;

d) The Bidder fails to or refuses to negotiate finalize the contract, within a period of 5 days from the date of receipt of notification of contract negotiation except for force majeure cases;

dd) The Bidder fails or refuses to finalize and sign the contract, within a period as mentioned in the notification of contract award sent by the Employer except for force majeure cases.

Section 19. Format and Signing of Bid

19.1. The Bidder shall prepare 01 original and certain number of photocopies as specified in the BDS.

If there any amendments to or replacement for the Bid, the Bidder shall prepare one original and a number of photocopies of the Bid as prescribed in the BDS. The cover of the documents comprising the Bid shall be clearly marked “MODIFIED BID ORIGINAL”, “MODIFIED BID PHOTOCOPY”, “SUBSTITUED BID ORIGINAL”, “SUBSTITUTED BID PHOTOCOPY”.

19.2. The Bidder shall be responsible for the discrepancy between the original and the copies. In the event of any discrepancy between the original and the copies does not lead to any change to the rank of the Bidder, the original shall prevail. In the event of any discrepancy between the original and the copies leading change to the rank of the Bidder, the Bid shall be rejected.

19.3. The original of the Bid shall be typed or written in indelible ink and have page numbers. Letter of Bid, Letter of Discount (if any), additional documents, clarifying documents, Price Schedule and other forms prescribed in Chapter IV  - Bidding Forms must bear the signature and seal of the Bidder’s legal representative or authorized representative  (if any). The authorized representative must obtain a Power of Attorney using form 02 of Chapter IV – Bidding Forms or a copy of the Company Charter, a certified Decision on Establishment of branch or other documents proving the competence of the authorized representative, and it shall be submitted together with the Bid.

19.4. If the Bidder is a joint venture, the Bid must bear the signatures of legal representatives or all JV’s Parties or the Party that represents the joint venture according to the joint venture agreement. In order to ensure that all JV’s Parties are legally bound, the joint venture agreement must bear the signatures of legal representatives of all JV’s Parties.

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

Section 20. Sealing and Marking of Bids

20.1. The Bid envelope contains the original and the copies and clearly mark it “BID”. If there is any modification or replacement of Bid, the modified or substituted documents (including the original and the copies) shall be put into envelopes and clearly mark it “MODIFIED BID”, “SUBSTITUTED BID”. These envelopes: Bid; Modified Bid, Substituted Bid (if any) shall be sealed. The sealing of envelopes shall comply with regulations provided by the Bidder.

20.2. The outer envelopes shall:

a) bear the name and address of the Bidder;

b) be addressed to the Employer in accordance with ITB Section 21.1;

c) bear the name of the procurement in accordance with ITB Section 1.1; and

d) bear a warning “not to open before the time and date for Bid opening”.

20.3. If the envelopes are not sealed or the seals thereof are lost during the process they are transferred to the Employer, or they are not marked as required in ITB Sections 20.1. and 20.2, the Bidder shall be responsible for those violations. The Employer will assume no responsibility for the confidentiality of the bid if the Bidder fails to comply with above regulations.

Section 21. Deadline for Submission of Bids

21.1. Bids must be received by the Employer at the address and no later than the deadline for submission of Bid. The Employer’s address and the deadline for submission of bids are specified in the BDS. The Employer shall receive Bids of all Bidders submitted before the deadline for submission of Bid, including those who have bought or received the Bidding Documents from the Employer. Any Bidder that has not bought the Bidding Documents must pay the Employer an amount equal to the selling price for a set of Bidding Documents before their Bid envelopes are received.

21.2. The Employer may extend the deadline for submission of Bid by amending the Bidding Documents in accordance with ITB Section 7. 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.

Section 22. Late Bids

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

Section 23. Withdrawal, Substitution, and Modification of Bids

23.1. A Bidder may withdraw, substitute, or modify its Bid after it has been submitted by sending a written notice in accordance with ITB Clause 10, duly signed by a legal representative or an authorized representative, and shall include a copy of the Power of Attorney in accordance with ITB Section 19.3. The corresponding substitution or modification of the bid must accompany the respective written notice. All notices must be:

a) submitted in accordance with ITB Sections 19 and 20, and in addition, the respective envelopes shall be clearly marked “MODIFIED BID” or “SUBSTITUTED BID”;

b) received by the Employer prior to the deadline prescribed for submission of bids, in accordance with ITB Section 21.

23.2. Bids requested to be withdrawn in accordance with ITB Section 23.1 shall be returned unopened to the Bidders.

23.3. 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.

Section 24. Bid Opening

24.1. Except as in the cases specified in ITB Sections 22 and 23, the Employer shall, at the Bid opening, publicly open and read out all Bids received prior to the deadline for submission of Bid in accordance with ITB Section 24.4.   The Opening of Applications shall be held in public at the address, date and time specified in the BDS in the witness of participants being Applicants’ representatives and relevant agencies and organizations. The Bid opening shall be conducted regardless of the absence of any Bidder’s representative.

24.2. First, envelopes marked “WITHDRAWAL” shall be opened and read out and the corresponding bid shall not be opened, but returned to the Bidder. If the withdrawal envelope does not contain a copy of the “power of attorney” confirming the signature as a person duly authorized to sign on behalf of the Bidder, the corresponding Bid will be opened. No Bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and such authorization is public in the Bid opening.

Next, envelopes marked “SUBSTITUTION” shall be opened and read out and exchanged with the corresponding Bid being substituted. The substituted Bid shall not be opened, but returned to the Applicant. No Bid substitution shall be permitted unless the corresponding substitution notice contains a valid authorization to request the substitution and such authorization is public in the 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. Only envelopes that are opened and read out at the Bid opening shall be considered further.

24.3. The Opening of Bids shall be conducted to every Bid according to the alphabet order of Investors’ names and the following procedures:

a) The seals shall be checked;

b) All envelopes, including original, modified or substituted Bid (if any) shall be opened and read out, as a minimum: the name of the Bidder, number of originals, copies, bid price in the Letter of Bid, the Bid Prices mentioned in the Grand Summary, value of discounts (if any), validity period of Bid, the performance period of contract, Bid Security value, validity period of Bid Security and other details as the Employer may consider appropriate. Only discounts read out at the Bid opening shall be considered further;

c) The representative of the Employer shall countersign the original of Letter of Bid, Grand Summary, Power of Attorney of Bidder’s legal representative (if any), Letter of Discount, Joint Venture Agreement (if any). No Bid shall be rejected at Bid opening except for late bids, in accordance with ITB Section 22.

24.4. The Employer shall prepare a record of the Bid opening that shall include prescribed in ITB Section 24.3. The Employer’s representatives and Bidders 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 who participate in the Bid opening.

Section 25. Confidentiality

25.1. 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 such process until information on the Intention to Award the Contract is transmitted to all Bidders. No information mentioned in a Bid is disclosed to any other Bidders, except for information disclosed at the Bid opening.

25.2. Except for case of the bid clarification prescribed in  ITB Section 26 and the negotiation of contract, the Bidder is not permitted to contact to the Employer on any matter related to its bid and the package from the bid opening time until the publication of Contract Award.

Section 26. Clarification of Bids

26.1. After the Bid opening, the Bidder must clarify the Bid at the Employer’s request. Any request for clarification of the Employer and any response of the Bidder shall be in writing. In the event that there is no documentary evidence establishing the Bidder’s qualifications in the Bidding Documents, the Employer shall request the Bidder to clarify and supplement that documentary evidence. Regarding technical and financial proposals mentioned in the Bid, the clarification may not change essential information about the Bidder, Bid and Bid price. The Bidder shall notify of receipt of Clarification of Bids in writing using one of the following methods: by hand, by post, via fax or email.

26.2. The Clarification of Bids between the Bidder and the Employer shall be in writing.

26.3. After the Bid closing, in the event that there is no documentary evidence establishing the Bidder’s qualifications in the Bidding Documents, the Bidder may supplement that documentary evidence. During the period prescribed in the BDS, the Employer shall receive the Clarification of Bids sent by the Bidder; documentary evidence establishing the Bidder’s qualifications shall be an integral part of the Bid. The Employer shall notify of receipt of Clarification of Bids in writing using one of the following methods: by hand, by post, via fax or email.

26.4. The Clarification of Bids shall only be made between the Bidder and the Employer having the bid that needs clarifying. The contents of the Clarification of Bids shall be treated as an integral part of the Bid by the Procuring Entity. Regarding clarification in terms of the Bidder’s qualification, technical requirements or financial requirements, if the deadline for clarification expires, but the Bidder fails to send any clarification or the clarification does not satisfy requirements of the Employer, the Employer shall evaluate the Bid sent prior to the deadline for submission of Bid by the Bidder.

26.5. If necessary, the Employer shall request possibly successful Bidders to clarify their Bids. The Clarification of Bids shall be kept record. The Clarification of Bids shall be provided objectively and transparently .

Section 27. Responsiveness of Bids

27.1. The Employer shall determine a bid’s responsiveness as prescribed in ITB Section 12.

27.2. A substantially responsive bid means one that meets all the requirements of the Bidding Documents  without material deviation, reservation, or omission. In which, “deviation” is a departure from the requirements specified in the bidding document; “reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the bidding document; and “omission” is the failure to submit part or all of the information or documentation required in the bidding document.  A material deviation, reservation, or omission is one that:

a) if accepted, would affect in any substantial way the scope, quality, or performance of the work; or limit in any substantial way, inconsistent with the Bidding Documents, the Investor's rights or the Bidder’s obligations under the proposed Contracts; or

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

27.3. The Employer shall examine all technical aspects of the Bid submitted in accordance with ITB Sections 15, in particular, to confirm that all criteria prescribed in Part 2 – Employer’s requirements, have been met without any material deviation, reservation or omission.

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

Section 28. Nonmaterial Nonconformities

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

28.2. 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 nomaterial nonconformities in the bid related to documentation requirements. Requesting information and 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.

28.3. Provided that a Bid is substantially responsive, the Employer shall rectify 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 nonconforming item or component.

Section 29. Subcontractors

29.1. The Contractor is entitled to enter into agreements with subcontractors mentioned in the list as prescribed in Form 17(a) of Chapter IV – Bidding Forms. There is no change to the responsibilities of the primary Contractor in spite of employment of any subcontractor. The Contractor shall be responsible for quantity, quality, schedule and other responsibilities performed by the subcontractor. The subcontractor’s qualifications shall not be considered during the Contractor’s bid evaluation. The Contractor is required to meet all qualification requirements (not considering qualification of subcontractors).

If the Contractor does not propose any subcontractor for any task, the whole package shall under responsibilities of the Contractor. If any subcontractor is employed during the performance of the contract, the Contractor shall be accused of conducting “Contract transfer” as prescribed in Clause 8 Article 89 of the Law on Bidding.

29.2. The Contractor may not subcontract other tasks mentioned in the Bid; any subcontractor other than those mentioned in the Bid shall only be replaced or added with a reasonable and legitimate reasons and the Investor’s consent; if not, the Contractor shall be accused of conducting “Contract transfer”.

29.3. The Investor may permit the Contractor to employ special subcontractor as prescribed in the BDS. The Contractor shall make a list of special subcontractors with qualifications and work experience using form 17(b) of Chapter IV – Bidding Forms and Qualifications of Special Subcontractor. The Bidder shall evaluate the special subcontractor’s qualifications according to the criteria prescribed in Section 2 Chapter III - Qualification Criteria in Chapter III - Evaluation and Qualification Criteria. If the subcontractor and the Contractor fail to satisfy the criteria of the Bidding Documents, the bid shall be considered as non responsive.

Section 30. Evaluation of Bids

30.1. Inspection and evaluation of the eligibility of the Bid:

a) The eligibility of the Bid shall be inspected and evaluated in accordance with Section 1 Chapter III - Evaluation and Qualification Criteria.;

b) The bidders having eligible Bids shall be considered further.

30.2. Qualification evaluation:

a) The evaluation of Bidder’s qualification shall comply with Section 2 of Chapter III - Evaluation and Qualification Criteria;

b) The bidders satisfying qualification requirements shall be considered further.

30.3. Technical and cost evaluation:

a) The Technical evaluation shall comply with Section 3 of Chapter III - Evaluation and Qualification Criteria;

b) The bidders satisfying technical evaluation shall be considered further as prescribed in Section 4, 5 of Chapter III - Evaluation and Qualification Criteria.

30.4. After the cost evaluation, the Employer shall prepare a list of ranking of bidders as prescribed in Section 4 Chapter III - Evaluation and Qualification Criteria and seek approval from the Investor.  The first-ranking bidder shall be invited to enter into negotiation.

Section 31. Error correction and adjustment of deviation

31.1. Error correction means the correction of errors in the Bid, including arithmetical errors and other errors based on the following principles:

a) Arithmetical errors include errors due to incorrect addition, subtraction, multiplication and division when calculating bid price. If the Bidding Document requires a breakdown of the prices, the data of the breakdown of the prices shall be based on for the correction of arithmetical errors. If there is a discrepancy between the unit price and the total price, the unit price shall prevail and the total price shall be corrected; if there is an obvious misplacement of the decimal point in the unit price (10 times, 100 times, 1,000 times), the total price shall prevail and the unit price shall be corrected;

b) Other errors:

- If a total price is fully filled but the equivalent unit price is leaved blank, the unit price shall be determined by dividing the total price by the quantity; if a unit price is fully filled but the equivalent total price is leaved blank, the total price shall be determined by multiplying the unit price and the quantity; if a unit price and the equivalent total are fully filled but the equivalent quantity is leaved blank, the quantity shall be determined by dividing the total price by the unit price. If the additional quantity determined above is different from the equivalent quantity mentioned in the Bidding Documents, such discrepancy shall be the deviation related to Scope of Supply which shall be adjusted as prescribed in this Section;

- Physical unit errors: correct units in conformity with the Bidding Documents’ requirements;

- If there is a discrepancy between Technical Proposal and Financial Proposal, the Technical Proposal shall prevail.

31.2. Adjustment of deviation:

a) If there is a deviation from Scope of Services, the deficiency shall be added and the redundancy shall be subtracted according to the equivalent unit price in the Bid;

If the Bid has a deviation as the unit price is left blank, the highest price of other Bids passing the technical evaluation shall be used as the basis for adjustment of deviation; if other Bids passing the technical evaluation also have no unit price, the unit price in the estimate shall be used as the basis for adjustment of deviation; if there is no estimate, the unit price forming the bid price shall be used as the basis for adjustment of deviation;

If only one Bidder is considered further after technical evaluation, the adjustment of deviation shall be carried out according to the equivalent unit price in the Bid of such Bidder; if the Bid has no unit price, the unit price in the estimate shall be used; if the estimate has no unit price, the unit price forming the bid price shall be used as the basis for adjustment of deviation;

b) If the Bidder has a Letter of Discount, the correction and adjustment of deviation shall be carried out according to the Bid Price not deducted from the discount. The percentage (%) of deficient deviation shall be determined according to the Bid Price specified in the Letter of Bid;

c) If the Bidder having the Bid after adjustment of deviation ranked first is invited to negotiation of contract, the lowest unit price of other Bids passing the technical evaluation shall be used for negotiation of the negative deviation.

After error correction and adjustment of deviation as prescribed, the Employer shall notify the Bidder in writing of the error correction and adjustment of deviation as to the Bid. Within 30 working days from the date on which such a notice is received, the Bidder must reply the Employer if the Bidder accepts the error correction and adjustment of deviation as specified in the notice. If the Bidder does not accept such error correction and adjustment of deviation, the Bid shall be rejected.

Section 32. Incentives in Selection of Bidders

32.1. Entities eligible for incentives are bidders having at least 25% of staff headcounts who are females or wounded soldiers, disabled people and their employment duration is equivalent to or longer than the performance period during the performance period; bidders being small enterprises.

32.2. Determining incentives: a Bidder who is eligible for incentives will have its Bid ranked higher than a non-eligible Bidder in a case where they are equally evaluated. After applying incentives, if an eligible Bidder is ranked equally to a non-eligible Bidder, the Bidder located in the place where the package is going to be carried out shall be ranked higher.

Section 33. Negotiation of Contract

33.1. The contract negotiation is based on:

a) Bid evaluation report;

b) The Bid and Clarification of Bids (if any) submitted by the Bidder;

c) Bidding Documents.

33.2. Rules for Negotiation of Contract:

a) Do not negotiate matters the Bidder offers as required by the bidding document;

b) The Negotiation of Contract may not change the price of the Bidder after error correction and adjustment of deviation and less discount (if any);

c) When entering into negotiation of negative deviation, if the Bid has no unit price equivalent to the deviation, the lowest bid price among the Bids of Bidders responsive to technical specifications or the bid price in the approved estimate shall be chosen if only this Bidder passes the technical evaluation as the basis for the negotiation of such negative deviation.

33.3. Contract negotiation contents:

a) Negotiating nonclarification or nonconformities between the Bidding Documents and the Bid, between different contents in the Bid possibly leading dispute or affecting the duties of contracting parties during the performance of the contract;

b) Negotiating deviations discovered and proposed in the Bid by the Bidder (if any);

c) Negotiating issues incurring from the bidder selection (if any) to complete the detailed contents of the package;

dd) Negotiating other essential contents.

33.4. During the contract negotiations, both parties shall make a draft contract; specific terms and conditions, and contract appendices, including detailed lists of Scope of Supply, Price Schedule and Performance Schedule.

33.5. If the negotiation is not successful, the Employer shall request the Investor to invite the bidder ranked next to contract negotiation; if the negotiation with the next bidder is not successful, the Employer shall request the Investor to consider canceling the bidding as prescribed in ITB Section 35.1.

Section 34. Conditions for Successful Bidder 

A Bidder shall be proposed for contract award when following conditions are satisfied:

34.1. The Bidder has an eligible Bid as prescribed in Section 1 Chapter III - Evaluation and Qualification Criteria;

34.2. The Bidder is qualified as required in Section 2 of Chapter III - Evaluation and Qualification Criteria;

34.3. The Bidder has a satisfactory technical proposal as prescribed in Section 3 of Chapter III - Evaluation and Qualification Criteria;

34.4. The deviation is not more than 10% of the Bid Price;

34.5. The Bidder shall be ranked first if the Bid Price after error correction and adjustment of deviation less discount (if any) is the lowest (in case of least-cost selection) or if the evaluated Bid Price is the lowest (in case of lowest evaluated bid selection).

34.6. The successful bid (including taxes, fees and charges (if any)) does not exceed the approved package price . If the approved estimate is less than or greater than the approved Bid Price, this estimate will replace the Bid Price as the basis for consideration for contract award.

Section 35. Bidding Cancellation

35.1. The Employer shall notify the bidding cancellation in the following cases:

a) All Bids fail to meet requirements mentioned in the Bidding Documents;

b) The Employer changes objectives and scope of investment specified in the Bidding Documents;

c) Bidding Documents fail to comply with law on bidding or other regulations of relevant law provisions leading the nonsatisfaction of the successful bidder.

d) There is any evidence for corrupt, fraudulent or conclusive practice, or taking advantage of positions, powers aiming to interfere illegally in a bidding process to falsify results of bidder selection.

35.2. Any organization or individual violating law on bidding leading bidding cancellation (as prescribed in Point c and Point d of ITB Section 35.1) must compensate relevant contracting parties and face penalties as prescribed.

35.3. Regarding bidding cancellation prescribed in ITB Section 35.1, within 5 working days, the Employer shall return or release Bid Security to bidders, excluding bidding cancellation prescribed in Point d of ITB Section 35.1.

Section 36. Publishing results of bidder selection

36.1. Before the deadlines prescribed in the BDS, the Employer shall send notifications of bidder selection result to related bidders by post or fax and post it on national bidding network or the Vietnam Public Procurement Review Journal as prescribed. Contents of the notification of bidder selection result:

a) Name and number of package;

b) Name of the successful bidder;

c) Address of the successful bidder;

d) Successful bid;

dd) Type of contract;

e) Contract duration;

g) List of unsuccessful bidders and brief explanation for each of them.

36.2. Regarding bidding cancellation prescribed in Point a ITB Section 35.1, the explanation for the bidding cancellation shall be provided in the notification of bidder selection result.

36.3. Upon the receipt of notification of the bidder selection result prescribed in ITB Section 36.1, if any unsuccessful bidder requests explanation, the Employer shall, within 05 working days from the date on which the notification of bidder selection result is published, give explanation.

Section 37. Change to quantity of Services

During the contract award process, according to the scope and nature of the package of non-consulting services, the Employer shall be entitled to increase or decrease the quantity of Services as provided in Chapter V Part 2 - Supply Requirements provided that such change does not exceed the rate prescribed in the BDS and does not relate to the unit price or other terms and conditions of the Bid and Bidding Documents.

Section 38. Letter of Acceptance and Award of Contract

Together with the notification of bidder selection result, the Employer shall send Letter of Acceptance and Notification of Award, including requirements pertaining to performance security, time for completion and conclusion of contract prescribed in form 19 of Chapter VIII – Contract Forms to the successful bidder, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily.  The Letter of Acceptance and Contract Award shall be an integral of the Contract documents. In the event that the successful bidder fails to complete and conclude the contract or pay Performance Security before the deadline mentioned in the Letter of Acceptance and Contract Award, such bidder shall be rejected without Bid Security return as prescribed in Point dd ITB Section 18.5.

Section 39. Conditions for Signing of Contract

39.1. The Bid of the Bidder shall remain valid at the time of signing of contract.

39.2. At the time of signing of contract, the successful Bidder shall be determined to have technical and financial qualification to perform the contract. In case the Bidder is no longer qualified as prescribed in the Bidding Documents, the Investor shall refuse to conclude the contract with the Bidder. Then, the Investor shall cancel the decision on approval for bidder selection result and send Letter of Acceptance and Contract Award to the next ranked bidder.

39.3. The Investor shall ensure condition related to advance and payment capital, and other essential conditions to perform the contract on schedule.

Section 40. Performance Security

40.1. Before the effective date of the contract, the successful Bidder shall furnish the Performance Security in the form of a Bank Guarantee issued by a bank or a credit institution lawfully operating in Vietnam or a deposit in cheque as prescribed in Section 6.1 - Special Conditions of Contract (SCC). The Bidder shall, if applicable, use the Bank Guarantee form prescribed in form 21 of Chapter VIII - Contract Forms or another form which is approved by the Investor.

40.2. The Bidder shall be not returned the Performance Security in one of the following cases:

a) Refuse to perform the contract on the effective date of the contract;

b) Violate terms and conditions of the contract;

c) Perform the contract behind the schedule and refuse to extend the validity period of the Performance Security.

Section 41. Handling Complaints in Bidding

Bidders are entitled to file complaints against the bidder selection progress and result to the Investor, competent persons, advisory board at the address prescribed in the BDS when they found their lawful rights and interests are infringed. The complaints in bidding shall be handled as prescribed in Section 1 of Chapter XII of the Law on Bidding and Section No. 2  Chapter XII of Decree No. 63/2014/ND-CP.

Section 42. Monitoring Bidder Selection Progress

When any act or content unaccordant with law on bidding is detected, the Bidder shall notify organizations or individuals of monitoring bidder selection progress as prescribed in the BDS.

Chapter II. BID DATA SHEET

ITB 1.1	Employer’s name:  ____[insert complete name].
ITB 1.2	Contract duration: _______ [insert specific time according to the approved plan for bidder selection], from the effective date on which the contract to the date that warranty obligation arises (if any).
ITB 2	Sources of Funds (or capital-raising methods): _____[insert Sources of Funds or capital-raising methods to pay for the Bidder; if the package is funded by ODA, name of donors and proportion of Sources of Funds (overseas or domestic)].
ITB 6.1	Duration for sending addendum to Bidding Documents: ____ [insert specific number of days, at least 03 working days. In case the time for sending Amendment of Bidding Documents does not comply with above regulations, the Procuring Entity shall extend the corresponding deadline for the submission of bids provided that the duration for sending addendum to Bidding Documents].
ITB 7.3	The Employer shall send Amendment of Bidding Documents to all bidders received the Bidding Documents from the Employer before the deadline for submission of Bid at least _____ days [insert specific number of days, provided that there is enough time for the Bidder to complete the Bid and not sooner than 3 working days]. In case the time for sending Amendment of Bidding Documents does not comply with above regulations, the Procuring Entity shall extend the corresponding deadline for the submission of bids.
ITB 12.8	The Bidder shall submit the following documents in conjunction with the Bid: _____ [insert other necessary documentation in conjunction with the Bid as required according to the scope and nature of the package without any restriction on participation of the Bidder. If there is no requirement, clearly mark it “no requirement”].
ITB 16.2	The documentary evidence of the Bidder’s qualifications to perform the Contract if its Bid is accepted, including: _____ [necessary documentation].
ITB 17.1	Validity period of the Bid: ≥≥ ____days [insert number of days which is not later than 180 days], from the deadline for submission of Bid.
ITB 18.2	Contents of the Bid Security: - Value and currency of the Bid Security: ______[insert amount and currency. The Bid Security shall be between 1% and 1.5% of the price of the package according to the package requirements]; - The validity period of the Bid Security: ≥ ____days [insert number of days, which equals the validity period of the Bid prescribed in ITB Section 17.1 plus 30 days], from the deadline for submission of Bid.
ITB 18.4	The unsuccessful bidders may be either returned or released their Bid Security within ____ days [insert number of days, which is not later than 20 days], from the date on which the results of bidder selection are announced.
ITB 19.1	The number of copies of the Bid is: ___ [insert required number but not exceeding 03 copies].
ITB 21.1	For bid submission purposes, the Employer’s address is: ____ [insert all necessary and appropriate information. Example: Attention: _____[Employer’s name] - House/Floor/Room number: - Street: - City: - Zip/Postal code: ] The deadline for submission of bids is: [time]_____,[date]________. [the deadline for submission of Bid shall be specified according to the scope and nature of the package provided that period of time from the first day on which the Bidding Documents are issued to the deadline is at least 10 days and the deadline shall not fall to the early hour of a working day which may restrict the submission of bids by bidders].
ITB 24.1	The Bid opening shall take place at: _______[hour, minute] on____[date] at the bid opening place according to the following address: - House/Floor/Room number: - Street: - City: [insert date, time and place of Application opening, provided that the Bid is opened within 1 hour from the deadline for submission of Bid].
ITB 26.3	The Bidder may send an addendum to the Bid to the Employer within: ____days, from the deadline for submission of Bid. [the period of time for sending request shall be specified by the Employer to ensure the successful bidder is qualified and experienced, and has feasible solutions for the package].
ITB 29.3	Special subcontractor: ____[insert “permitted” or “ not permitted” according to the scope and nature of the package. If permitted, the Employer shall list the works and items performed by the subcontractor].
ITB 36.1	Time limit for sending notification of results of bidder selection is _________working days, from the date on which the bidder selection result is approved by the Investor___[insert number of days not later than 5 working days].
ITB 37	The maximum rate of increase or decrease of quantity is: ___ [insert the rate of increase or decrease of quantity but not exceeding 20% of the bill of quantities].
ITB 41	- Address of Investor: ____[insert complete name, address, telephone number, fax]; - Address of Competent Person: ____[insert complete name, address, telephone number, fax]; - Address of the Standing board of advisory council: ____[insert complete name, address, telephone number, fax].
ITB 42	Address of the organization or individual in charge of the monitoring task: [insert complete name, address, telephone number, fax of the organization or individual in charge of monitoring the bidder selection progress which is assigned by the competent person (if any)].

Chapter III. EVALUATION AND QUALIFICATION CRITERIA

Section 1. Inspection and evaluation of the eligibility of the Bid

1.1. Inspecting the Bid:

a) Inspect the quantity of originals, copies of the Bid;

b) Inspect the documents of the Bid original, including administrative documents, legal documents, qualification documents, technical proposals of the Bidder as required by Bidding Documents, consisting of: Letter of Bid, joint venture agreement (if any), power of attorney to sign the Letter of Bid (if any); Bid Security; documents proving the Bidder’s qualifications; technical proposal; and other documents of the Bid as prescribed in ITB Section 12;

c) Inspect the uniformity of contents between original copy and photocopies to serve the detailed evaluation of the Bid.

1.2. Evaluating eligibility of the Bid:

A Bid is considered eligible when all of the conditions below are satisfied:

a) There are originals of the Bid;

b) There is a Letter of Bid bearing signature and seal (if any) of the legal representative of the Bidder as required by the Bidding Documents. Regarding joint venture, Letter of Bid shall bear the signature and seal (if any) of the legal representative of every JV’s Party or the head of the joint venture authorized to sign the Letter of Bid according to the regarding joint venture agreement;

c) The duration of the contract mentioned in the Letter of Bid shall conform to the Technical Proposal and the requirements in the Bidding Documents;

d) The Bid Price mentioned in the Letter of Bid must be detailed, specified in both number and words, and in conformity with the total Bid Price mentioned in the Grand Summary. There is must be only one Bid Price which does not cause any disadvantage condition to the Investor or the Employer;

dd) The validity period of the Bid satisfies requirements as prescribed in ITB Section 17.1;

e) There is a Bid Security not falling under the cases prescribed in ITB Section 18.3. If a Letter of Credit as Bid Security is required, the Letter of Credit must bear the signature of the legal representative of the credit institution or branches of foreign banks incorporating in accordance with Vietnamese law with the value and validity period and name of the Employer (beneficiary) in accordance with ITB 18.2. If a deposit in cheque as Bid Security is required, the Employer shall manage that cheque in accordance with ITB Section 18.4 and Section 18.5;

g) The Bidder shall not have its name included in multiple Bids as a Contractor (an individual Bidder or a JV’s Party) for the same package;

h) The joint venture agreement shall bear signature and seal (if any) of the legal representative of each JV’s Party and specify detailed tasks and estimated percentage thereof performed by each JV’s Party using the form 03 of Chapter IV – Bidding Forms;

i) The Bidder’s status is eligible as prescribed in ITB Section 4.

The bidders having eligible Bids shall be considered further. Any Bidder having ineligible Bid shall have its Bid rejected without further consideration.

Section 2. Qualification Criteria2

Qualification of a joint venture shall be total qualifications of all JV’s Parties, provided that each JV's Party is qualified to perform their tasks in the joint venture (except for the turnover as specified in the Table of Qualification Criteria); if any JV's Party is not qualified to perform their tasks in the joint venture, the joint venture shall be considered not qualified.

The subcontractor’s qualifications shall not be considered during the Contractor’s bid evaluation. The Contractor is required to satisfy all qualification criteria (regardless of the subcontractor’s qualification).

The qualified Bidder is the one satisfying all criteria specified in Clauses 1, 2 and 3 of this Section. Non-qualified Bidder's Bid shall be rejected without further consideration.

Table of Qualification criteria

TABLE OF QUALIFICATION CRITERA

Criteria			Compliance requirements				Required document
No.	Description	Requirement	Individual Bidder	Joint Venture
				All Parties combined	Each JV's Party	At least one JV's Party
1	Previous Contract Non-fulfillment Records	From January 1, ___(1) [year] to the deadline for submission of Bid, the Bidder did not fail to perform any contract(2).	Must meet requirement	Not applicable	Must meet requirement	Not applicable	Form No. 08
2	Financial Performance
2.1	Average Annual Turnover from Services (*)	Minimum average annual turnover is VND ____(3), from January 1, ___[year] within the last ____(4)years. The annual turnover shall be calculated as total payments received for contracts of Services within the year.	Must meet requirement	Must meet requirement	Not applicable	Not applicable	Form No. 10
2.2	Financial resource for the package (*)	The Bidder must demonstrate access to, or availability of, financial resources such as liquid assets(5), lines of credit, and other financial means (other than any contractual advance payments) to meet financial resources of VND ____ [package's value].	Must meet requirement	Must meet requirement	Not applicable	Not applicable	Forms No. 11 and 12
3	Specific experience in performing similar contracts	Minimum number of similar contracts(7) which are wholly or mainly(8) completed by the Bidder as a Contractor (individual Bidder or a joint venture) or a subcontractor(9) within the period of time from January 1, ___[year] to the deadline for submission of Bids: (i) number of contracts is N, minimum value of each contract is V (N x V = X) or (ii) number of contracts different from N, at least 01 contract with minimum value of V and total value of all contracts ≥ X.	Must meet requirement	Must meet requirement	Must meet requirement (equivalent to their tasks performed)	Not applicable	Form No. 13

(*): If there are certain tasks in the procurement of non-consulting services which are deemed unnecessary to set turnover and financial resource requirements, this item shall be omitted.

Notes:

(1) Insert number of years, usually between 3 and 5 years prior the year of the deadline for submission of Bid.

(2) Non-fulfillment contracts include:

- Contracts that are considered as non-fulfilled by the Investor without objection of the Bidder;

- Contracts that are considered non-fulfilled by the Investor with objection of the Bidder but the litigation is treated as resolved against the Bidder by the arbitrator or the court.

(3) Revenues:

Common formula of average annual turnover:

a) Minimum average annual turnover = (Package price/annual contract duration) x k.

“k” is often between 0.8 and 2.0.

b) If the contract duration is below 01 year, the turnover shall be determined as follows:

Minimum average annual turnover = Package price x k

K is often 1.0.

The Bidder must submit the following documents to demonstrate the turnover:  A financial statement or a payment receipt certified by the Investor for fulfilled contracts or a tax return or any of other legal documents.

In a case where the scope of services provided by the Bidder is deemed as a significant factor to prevent the Investor from risks, a requirement of higher average turnover is permitted (such as insurance procurement). However, the requirement set may not restrict the participation of Bidders.

c) Regarding a joint venture, the turnover criteria shall be evaluated for the whole joint venture. However, subject to particular nature of the package, the turnover of each JV’s Party shall be evaluated according to the valuate and quantity to be performed by each JV’s Party.

(4) Insert appropriate number of years, normally 3 years.

(5) Liquid assets mean cash and equivalent, short-term financial instruments, available-for-sale securities, marketable securities, trade receivables, short-term financial receivables and other assets that can easily be changed into cash within 1 year.

(6) Financial resource for the package:

a) With regard to a package with the contract duration of at least 12 months, the financial source shall be determined as follows:

Financial resource for the package =  t x (package price/contract duration (monthly)).

t is often 3.

b) With regard to a package with the contract duration of under 12 months, the financial source shall be determined as follows:

Financial resource for the package = 30% x package price.

c) Regarding a joint venture, the financial resource criteria shall be evaluated for the whole joint venture. If a JV's Party provides financial resources for one or all JV’s Parties, the joint venture agreement must specify responsibilities of such JV’s Party.

(7) Similar contract is a contract which has similar characteristics of the package in question, with the contract price equivalent to or greater than 70% of the package in question;

- If the Bidding Documents require the Bidder to perform at least two similar contracts, the Bidder must satisfy at least one contract with the scope and nature similar to the package in question. The scope of following similar contracts is determined by adding contracts with smaller scope provided that these contracts have similar nature with basic components of the package in question.

- In case of tasks having particular characteristics or in places that bidders there still have limitations, it is possible to require similar contracts with price equivalent to 50%-70% of the price of the package in question.

- In case of a package of non-consulting services with task cycle repeating over the years leading to the fact that the performance duration lasts longer, the scope of the similar contract is determined as equivalent to or greater than 70% of the value of the task in 1-year cycle without taking account of total value of the package over the years.

(8) Mainly completed means completing at least 80% of the task volume of the contract.

(9) With regard to contracts that the Bidder makes a bid as a JV’s Party or subcontractor, only their task value is determined.

Section 3. Technical Evaluation Criteria

Technical evaluation criteria shall be established on Pass/Fail Criteria or Weight Scoring System.  The technical evaluation criteria shall be established according to the output requirements as provided for in Section 2 Chapter V - Supply Requirements. Based on the nature of a specific package, the Employer shall detail evaluation criteria as to specifications, output format, service quality and standards, including:

- Effectiveness of service performance;

- Extent of understanding of task nature and purposes;

- Rationality and feasibility of plans, technical solutions, service performance;

- Responsiveness of key personnel mobilization (if any)1;

- Responsiveness of essential machines and equipment assembly (if any)2;

- Responsiveness of qualified system and work methods;

- Responsiveness of requirements for service performance standards;

- Time for performance meeting requirements of the bidding document;

- Assurance of environmental hygiene condition and other conditions such as fire safety and occupational safety (if any);

- Experience and reputation of bidders according to their fulfillment of previous similar contracts;

- Other necessary factors.

3.1. Evaluation using Weighted Scoring Method3:

Technical evaluation criteria shall be established on Weight Scoring System of 100 or 1.000.  According to the scope and nature of the package, a number of general criteria shall be given a minimum score. The minimum score shall be not smaller than 70% of the total technical score. The Bid having total score (as well as the score of a number of general criteria) is no less than  the minimum score shall be determined qualified in technical aspect and considered further in financial aspect.

The example of Technical Evaluation Criteria using Weighted Scoring Method shall be prescribed in enclosed Appendix.

3.2. Evaluation on Pass/Fail Criteria1:

According to the scope and nature of the package, each criterion shall be given a requirement level. Regarding general criteria, only Pass/Fail Criteria is applied. Regarding essential and detailed criteria in general criteria, only Pass/Fail Criteria is applied; regarding non-essential and detailed criteria in general criteria, the accepted system is applied besides the Pass/Fail Criteria provided that not more than 30% of detailed criteria in the general criteria are applied the accepted system.

A general criterion shall be considered passed when all essential and detailed criteria are considered passed and all non-essential and detailed criteria are considered passed or accepted.

The Bid shall be considered satisfying technical requirements where all general criteria are considered passed.  The Bid which does not satisfy all technical requirements shall be rejected and not be considered further in cost evaluation.

The example of Technical Evaluation Criteria using Pass/Fail Criteria shall be prescribed in enclosed Appendix.

Section 4. Cost Evaluation Criteria

According to the scope and nature of each package, one of the two methods below may be applied:

4.1. Least-cost selection2:

The least cost shall be determined as follows:

1. Determine the Bid Price;

2. Correct errors (comply with Notes (1));

3. Adjust deviation (comply with Notes (2));

4. Determine bid price after error correction and adjustment of deviation and minus discount (if any);

5. Rank bidders:

The Bid with the lowest price after error correction and adjustment of deviation and minus discount (if any) shall be ranked first.

4.2. Evaluated price method:

The evaluated price shall be determined as follows:

1. Determine the Bid Price;

2. Correct errors (comply with Notes (1));

3. Adjust deviation (comply with Notes (2));

4. Determine bid price after error correction and adjustment of deviation and minus discount (if any);

5. Determine evaluated price:

The evaluated price shall be determined by the formula below:

G_ĐG = G ± ∆_G

Where:

- G = (bid price ± error correction value ± adjustment of deviation value) – discount (if any);

- ∆_G means value of factors considered in the same condition, including:

+ Costs of loan interests (if any);

+ Quality;

+ Other factors (if any).

6. Rank bidders:

The Bid having the lowest evaluated price shall be ranked first.

 

Chapter IV. BIDDING FORMS

No.	Description	Form	Notes
1	Letter of Bid	Form No. 1(a)	applicable to the Bidder who has discount offer in the Letter of Discount
		Form No. 1(b)	applicable to the Bidder who has no discount offer in the Letter of Bid
2	Power of Attorney	Form No. 2	applicable solely to the case where the legal representative of the Bidder is authorized
3	Joint Venture Agreement	Form No. 3	Applicable solely to joint venture.
4	Bid Security	Form No. 4(a)	Applicable in a case where the individual Bidder provides a bank guarantee as Bid Security
		Form No. 4(b)	Applicable in a case where the joint venture provides a bank guarantee as Bid Security
5	Grand Summary	Form No. 5(a)	Applicable to lump sum contract
		Form No. 5(b)	Applicable to the unit price contract
		Form No. 5(c)	to be used only for adjustable price contracts
6	Bidder Information	Form No. 6(a)
	Bidder’s JV Members Information Form	Form No. 6(b)	Applicable solely to joint venture
7	List of companies in charge of work items	Form No. 7	Applicable solely to the case where the Bidder is a parent company
8	Previous contract non-fulfillment records	Form No. 8
9	Financial situation of bidder	Form No. 9
10	Average annual turnover	Form No. 10	Applicable solely to the case required by the bidding document
11	Financial resources	Form No. 11	Applicable solely to the case required by the bidding document
12	Financial Resources	Form No. 12	Applicable solely to the case required by the bidding document
13	Similar contracts performed by the Bidder	Form No. 13
14	Table of proposed personnel for key positions	Form No. 14	Applicable solely to the case required by the bidding document
15	Curriculum Vitae of personnel for key positions	Form No. 15	Applicable solely to the case required by the bidding document
16	Equipment	Form No. 16	Applicable solely to the case required by the bidding document
17	Work items performed by subcontractors	Form No. 17(a)	Applicable solely to the case the subcontractor is employed
	Work items performed by special subcontractors	Form No. 17(b)	Applicable solely to the case the bidding document allows employment of special subcontractors
18	Method and general methodology proposed by the Bidder to perform services	Form No. 18

 

Form 01 (a)

LETTER OF BID ⁽¹⁾

 (applicable to the Bidder who has no discount offer or has discount offer submitted in a separate Letter of Discount)

Date:________ [insert date of signing of Letter of Bid]

The package’s name: [insert package’s name according to the invitation to bid]

Project’s name: [insert project’s name]

Invitation to Bid No. ___[insert the number of the Invitation to Bid regarding selective bidding]

To:  [insert the complete and accurate name of the Employer]

After carefully studying the Bidding Documents and revisions thereof number ____[insert the number of the revisions (if any)], we, ____[insert the Bidder’s name], pledge ourself to perform _____[insert the package’s name] in accordance with the Bidding Documents with the total amount____[insert the amount in figures, in words and currency] ⁽²⁾ together with the enclosed Grand Summary.

Contract duration is _____ [insert the length of time the whole of Works must be completed] ⁽³⁾.

We hereby declare that:

1. We only participate in this Bid as the Contractor.

2. We are not undergoing dissolution process, are not thrown into bankruptcy, and do not incur bad debts as prescribed by law.

3. We do not commit violations against regulations on assurance of competitiveness in bidding.

4. We are not involved in corrupt, fraudulent or conclusive practice and other violations against law on bidding. 

5. Every information provided herein is truthful to be the best of our knowledge.

If the our Bid is accepted, we shall provide the Performance Security as prescribed in Section 40 - Instructions to Bidders of the Bidding Documents.

This Bid takes effect within ___ ⁽⁴⁾days, from….to….[date] ⁽⁵⁾.

 

Legal representative of bidder(6) [Full name, position, signature and seal]

Notes:

(1) Bidder must provide sufficient and accurate information including names of the Employer and the Bidder, effective period of the Bid, which bears the signature and seal (if any) and of the bidder’s legal representative.

(2) The Bid Price mentioned in the Letter of Bid must be detailed, specified in both number and words, and in conformity with the total Bid Price mentioned in the Grand Summary. There is must be only one Bid Price which does not cause any disadvantage condition to the Investor or the Employer.

(3) The contract duration mentioned in the Letter of Bid must conform to the Technical Proposal in the Bid.

(4) Effective period of the Bid is from the deadline for submission of Bid to its expiration date as prescribed in the Bidding Documents. The period of time from the deadline for submission of Applications to 24:00 of the Application closing date is considered 01 day.

(5) Insert the Application closing date as prescribed in ITB Section 22.1.

(6) If the Investor’s legal representative authorizes his/her subordinate to sign the Letter of Bid, a Power of Attorney (Form 02 provided in this Chapter) must be enclosed. If the company’s charter or another document permits such subordinate to sign the Letter of Bid, such document shall be enclosed (In this case, the Power of Attorney is not required). Regarding joint venture, the Letter of Bid shall be signed by legal representative of every JV's Party, unless the leading Party may sign the Letter of Bid according to the joint venture agreement as mentioned in Form 03 of this Chapter. Each JV's Party may give authorization similarly to an individual Bidder.  If the successful bidder must present certified true copies of these documents to the Investor before contract conclusion. If information provided is found inaccurate, the Bidder will be considered fraudulent as prescribed in ITB Section 3.

 

Form 01 (b)

LETTER OF BID⁽¹⁾

 (applicable to the Bidder who has no discount offer in the Letter of Bid)

Date:________ [insert date of signing of Letter of Bid]

The package’s name: [insert package’s name according to the invitation to bid]

Project’s name: [insert project’s name]

Invitation to Bid No. ___[insert the number of the Invitation to Bid regarding selective bidding]

To:  [insert the complete and accurate name of the Employer]

After carefully studying the Bidding Documents and revisions thereof number ____[insert the number of the revisions (if any)], we, ____[insert the Bidder’s name], pledge ourself to perform _____[insert the package’s name] in accordance with the Bidding Documents with the total amount____[insert the amount in figures, in words and currency] ⁽²⁾ together with the enclosed Grand Summary.

In addition, we voluntarily offer a discount of bid price within an amount of: ___[insert the discount amount in figures, in words and in currency].

The bid price after deducting discount is: ___[insert the discount amount in figures, in words and in currency] ⁽³⁾

Contract duration is _____ [insert the length of time the whole of Works must be completed] ⁽⁴⁾.

We hereby declare that:

1. We only participate in this Bid as the Contractor.

2. We are not undergoing dissolution process, are not thrown into bankruptcy, and do not incur bad debts as prescribed by law.

3. We do not commit violations against regulations on assurance of competitiveness in bidding.

4. We are not involved in corrupt, fraudulent or conclusive practice and other violations against law on bidding. 

5. Every information provided herein is truthful to be the best of our knowledge.

If the our Bid is accepted, we shall provide the Performance Security as prescribed in Section 40 - Instructions to Bidders of the Bidding Documents.

This Bid takes effect within ___ ⁽⁵⁾days, from_________⁽⁶⁾.

 

Legal representative of bidder(7) [Full name, position, signature and seal]

Notes:

(1) Bidder must provide sufficient and accurate information including names of the Employer and the Bidder, effective period of the Bid, which bears the signature and seal (if any) and of the bidder’s legal representative.

(2) The Bid Price mentioned in the Letter of Bid must be detailed, specified in both number and words, and in conformity with the total Bid Price mentioned in the Grand Summary. There is must be only one Bid Price which does not cause any disadvantage condition to the Investor or the Employer.

(3) The discount is whether applicable to the package or one or several work items (specifying the work items eligible for discounts).

(4) The contract duration mentioned in the Letter of Bid must conform to the Technical Proposal in the Bid.

(5) Effective period of the Bid is from the deadline for submission of Bid to its expiration date as prescribed in the Bidding Documents. The period of time from the deadline for submission of Bids to 24:00 of the Application closing date is considered 01 day.

(6) Insert the Bid closing date as prescribed in ITB Section 22.1.

(7) If the Investor’s legal representative authorizes his/her subordinate to sign the Letter of Bid, a Power of Attorney (Form 02 provided in this Chapter) must be enclosed. If the company’s charter or another document permits such subordinate to sign the Letter of Bid, such document shall be enclosed (In this case, the Power of Attorney is not required). Regarding joint venture, the Letter of Bid shall be signed by legal representative of every JV's Party, unless the leading Party may sign the Letter of Bid according to the joint venture agreement as mentioned in Form 03 of this Chapter. Each JV's Party may give authorization similarly to an individual Bidder.  If the successful bidder must present certified true copies of these documents to the Investor before contract conclusion. If information provided is found inaccurate, the Bidder will be considered fraudulent as prescribed in ITB Section 3.

 

Form No. 02

POWER OF ATTORNEY⁽¹⁾

[Location and date]_______________________

I am __________[insert name, ID/passport number, position of bidder’s legal representative], the legal representative of _______ [insert name of bidder] at _____________ [insert address of bidder] hereby authorizes _____________ [insert name, ID/passport number, position of authorized person] to perform the following tasks during the participation in the process of bidding for ____________ [insert name of the package] of _____________ [insert name of the project] held by ____________ [insert name of the Employer]:

[- Sign Letter of Bid;

- Sign the Joint venture agreement (if any);

- Sign documents with the Employer during the shortlisting processing, including the request for Clarification of Bidding Documents and Bids; sign requests for withdrawal, modification or substitutions of the Bid;

- Participate in contract negotiation and finalization;

- Sign complaint letter (if any);

- Sign contract with the Investor if it is successful] ⁽²⁾

The authorized person only performs the tasks within the area of competence of a legal representative of __________ [insert name of bidder]. ____________ [insert name of bidder’s legal representative] is totally responsible for the tasks performed by ___________ [insert name of authorized person] within the authorization scope.

The Power of Attorney is effective from __________ [date] to _________ [date] ⁽³⁾  and is made into _______ copies with equal value. _____ copies are kept by the authorizer, and _______ copies are kept by the authorized person.

 

Authorized person [Full name, position, signature and seal]

Authorizer [Full name, position, signature and seal of the legal representative]

Notes:

(1) The original copy of the Power of Attorney shall be sent to the Employer in conjunction with the Letter of Bid as prescribed in ITB Section 19.3. The Bidder’s legal representative may authorize their deputies, subordinates, directors of branches, heads of representative offices of the Bidder to perform the tasks on behalf of the Bidder. The authorized person may use the seal of the Bidder or their seal. The authorized representative may not authorize another person.

(2) Area of authorization includes one or multiple tasks above.

(3) Insert the effective date and expiration date of the Power of Attorney in conformity with the bidding process.

 

Form No. 03

JOINT VENTURE AGREEMENT⁽¹⁾

[Location and date]_______________

 Package: ___________ [insert name of the package]

Project’s name: _________[insert the project's name]

Pursuant to⁽²⁾ ____[the Law on Investment No. 43/2013/QH13 dated November 26, 2013 of the National Assembly];

Pursuant to⁽²⁾____ [the Government's Decree No. 63/2014/NĐ-CP dated June 26, 2014 on implementation of some Articles on contractor selection of the Law on Bidding];

In response to Bidding Documents for _______________ [insert name of package] dated __________ [insert date written on the Bidding Documents];

Representatives of signatories to the joint venture agreement include:

Name of JV’s Party ____[insert name of each JV’s Party]

Represented by Mr./Ms. ______________________________________________________

Position: ______________________________________________________________

Address: _______________________________________________________________

Phone number: _____________________________________________________________

Fax: ___________________________________________________________________

Email: _________________________________________________________________

Account: ______________________________________________________________

TIN: _____________________________________________________________

Power of Attorney No. __dated__________(in case of authorization).

The Parties have reached a consensus on entering into a joint venture agreement with the following contents:

Article 1. General rules

1. Parties voluntarily establish this joint venture to participate in the process of bidding for __________ [insert name of package] of _______________ [insert name of project].

2. Official name of the joint venture used in every transaction related to the package with the consent of all Parties: ___ [insert the agreed name of the joint venture].

3. Every JV's Party is committed not to unilaterally participate or establish a joint venture with another JV's Party to participate in this package. If awarded the contract, no JV's Party is entitled to refuse to fulfill the duties and obligations prescribed in the contract. Any JV's Party of the joint venture that refuses to perform their duties as agreed must:

- Pay damages to other parties in the joint venture;

- Pay damages to the Investor as prescribed by the contract;

- Incur other disciplinary actions __________ [specify the action].

Article 2. Assignment of duties

All Parties unanimously to undertake joint and separate responsibility to execute __________ [insert name of package] of _______________ [insert name of project] as follows:

1. Leading JV's Party of the joint venture:

All parties unanimously authorize ________ [insert name of a party] as the leading JV's Party of the joint venture who represents the joint venture to perform the following tasks⁽³⁾:

[- Sign Letter of Bid;

- Sign documents with the Employer during the shortlisting processing, including the request for Clarification of Bidding Documents and Bids; sign requests for bid withdrawal, modification or substitutions;

- Provide Bid Security for the joint venture;

- Provide financial resources for the joint venture;

- Participate in contract negotiation and finalization;

- Sign complaint letter (if any);

- Perform other tasks except for contract conclusion: _______________ [specify other tasks (if any)].

2. Tasks of JV’s Parties with the consent of all Parties are specified in the table below⁽⁴⁾:

No.	Name	Tasks	Proportion of value to bid price
1	Name of leading JV's Party	- ___ - ___	- ___% - ___%
2	Name of second JV's Party	- ___ - ___	- ___% - ___%
....	....	....	….
Total		All tasks of the package	100%

Article 3. Effect of Joint venture agreement

1. The Joint Venture Agreement takes effect from the day on which it is signed.

2. The Joint venture agreement expires in the following cases:

- All parties have fulfilled their duties and finalize the contract;

- The agreement is unanimously terminated by all parties;

- The joint venture is not awarded the contract;

- The bidding for ____________ [insert name of the package] of ___________ [insert name of the project] is cancelled as notified by the Employer.

The joint venture agreement is made into _______ copies with equal legal value, each party keeps _________ copies.

LEGAL REPRESENTATIVE OF LEADING JV’S PARTY
[Full name, position, signature and seal]

LEGAL REPRESENTATIVE OF JV’S PARTY
[Full name, position, signature and seal of each JV's Party]

 

Notes:

(1) According to the scope and nature of the package, this Joint venture agreement may be amended,

(2) Update legislative documents in force.

(3) Area of authorization includes one or multiple tasks above.

(4) The Bidder shall specify detailed tasks and estimate equivalent value of tasks performed by every JV’s Party, common and private responsibilities of JV's Party, including the leading JV's Party.

 

Form No. 04 (a)

 BID SECURITY⁽¹⁾

 (applicable to individual Bidders)

Beneficiary: ___[insert name and address of the Employer]

Date of issue: ____[insert date of issue]

BID SECURITY No.  ___[insert number of the Bid Security]

Guarantor: ____[insert name and address of issuing bank, if it is not written in the title]

We have been informed that __________________________ [name of the Bidder] (hereinafter called "the Bidder") has submitted to participate in the bid for the execution of ________________ [name of package] of _____[name of project] under Invitation to Bid.

We hereby act as a guarantee for the Bidder to participate in the bid for this package with an amount of _________[amount in figures, in words and currency].

This Guarantee takes effect within ____⁽²⁾ days, from __________[date] ⁽³⁾.

At the request of the Bidder, we, as the Guarantor, hereby undertake to pay you any sum or sums not exceeding in total an amount of ___________ [amount in figures] (____________) [amount in words] upon receipt by us of your first demand in writing accompanied by a written statement stating that the Bidder is in breach of its obligation(s), because the Bidder:

1. has withdrawn its Bid after the deadline for submission of Bid and during the period of bid validity;

2. has violated law on bidding leading bid cancellation as prescribed in Point d of Section 35.1 - Instruction to Bidder of the Bidding Documents;

3. fails or refuses to execute the contract within 5 working days, from the date on which the notification of contract negotiation sent by the Employer is received, excluding force majeure events;

4. fails or refuses to complete the contract within 20 working days, from the date on which the notification of bid acceptance sent by the Employer is received, or refuses to conclude the contract after the contract completion excluding force majeure events;

5. fails to furnish the Performance Security as prescribed in Section 40 - Instructions to Bidders of the Bidding Documents.

If the Bidder has option: this Guarantee shall expire when the Investor conclude the contract and furnish the Performance Security to the beneficiary as agreed.

If the Bidder has no option: If the Bidder has no option: this Guarantee shall expire when the Bidder receives the photocopy of notification of bidder selection result sent by the beneficiary; within 30 days after the expiration date of the Bid.

Consequently, any demand for payment under this guarantee must be received by us at the address on or before that date.

 

Legal representative of Bank [Full name, position, signature and seal]

Notes:

(1) Applicable to Bid Security in the form of Bid Guarantee issued by a credit institution or a branch of foreign bank established under Vietnamese law.

(2) Insert as prescribed in Section 18.2 of the BDS.

(3) Insert the deadline date as prescribed in Section 21.1 of the BDS.

 

Form No. 04 (b)

BID SECURITY⁽¹⁾

 (applicable to the JV Bidder)

Beneficiary: ___[insert name and address of the Employer]

Date of issue: ____[insert date of issue]

BID SECURITY No.  ___[insert number of the Bid Security]

Guarantor: ____[insert name and address of issuing bank, if it is not written in the title]

We have been informed that __________________________ [name of the Bidder] ⁽²⁾ (hereinafter called "the Bidder") has submitted to participate in the bid for the execution of ________________ [name of package] of _____[name of project] under Invitation to Bid No.___[insert number of Invitation to Bid].

We hereby act as a guarantee for the Bidder to participate in the bid for this package with an amount of _________[amount in figures, in words and currency].

This Guarantee takes effect within ____⁽³⁾ days, from __________[date] ⁽⁴⁾.

At the request of the Bidder, we, as the Guarantor, hereby undertake to pay you any sum or sums not exceeding in total an amount of ___________ [amount in figures] (____________) [amount in words] upon receipt by us of your first demand in writing accompanied by a written statement stating that the Bidder is in breach of its obligation(s), because the Bidder:

1. has withdrawn its Bid after the deadline for submission of Bid and during the period of bid validity;

2. has violated law on bidding leading bid cancellation as prescribed in Point d of Section 35.1- – Instruction to Bidder of the Bidding Documents;

3. fails or refuses to execute the contract within 5 working days, from the date on which the notification of contract negotiation sent by the Employer is received, excluding force majeure events;

4. fails or refuses to complete the contract within 20 working days, from the date on which the notification of bid acceptance sent by the Employer is received, or refuses to conclude the contract after the contract completion excluding force majeure events;

5. fails to furnish the Performance Security as prescribed in Section 40 - Instructions to Bidders of the Bidding Documents.

If any JV’s Party ___ [insert full name of the JV's Party] violates regulations of law leading ineligible for Bid Security return as prescribed in Section 18.5 –Instructions to Bidder, the Bid Security of all JV’s Parties shall not be returned.

If the Bidder has option: this Guarantee shall expire when the Investor conclude the contract and furnish the Performance Security to the beneficiary as agreed.

If the Bidder has no option: If the Bidder has no option: this Guarantee shall expire when the Bidder receives the photocopy of notification of bidder selection result sent by the beneficiary; within 30 days after the expiration date of the Bid.

Consequently, any demand for payment under this guarantee must be received by us at the address on or before that date.

 

Legal representative of Bank [Full name, position, signature and seal]

Notes:

(1) Applicable to Bid Security in the form of Bid Guarantee issued by a credit institution or a branch of foreign bank established under Vietnamese law. This Form is encouraged to be used, if another form that is used is not accordant with regulations such as lower value, shorter validity period as required in ITB Section 18.2, inaccurate Employer’s name (beneficiary), non-original paper and invalid signature and accompanying of disadvantaged conditions to the Employer.

(2) The Bidder may have one of the following names:

- Name of the joint venture, for example A bidder and B bidder enter into a joint venture to make a bid, their name shall be “Nhà thầu liên danh A + B” (“A + B joint venture”);

- Name of the Party in charge of the Bid Security for the joint venture or another Party in the joint venture, for example, A + B + C joint venture makes a bid, if their joint venture agreement assign A bidder to furnish Bid Security for the joint venture, the joint venture’s name shall be “nhà thầu A (thay mặt cho nhà thầu liên danh A + B +C)”, (“A bidder (on behalf of A + B + C joint venture)”);

- Name of every joint venture Party separately furnishing the Bid Security.

(3) Insert as prescribed in Section 18.2 of the BDS.

(4) Insert the deadline date as prescribed in Section 21.1 of the BDS.

 

Form 5(a)

PRICED ACTIVITY SCHEDULE

(To be applied to lump sum contract)

List of services	Description of services	Unit	Quantity	Unit price	Total price (Col. 4*5)
(1)	(2)	(3)	(4)	(5)	(6)
Activity 1					M1
Activity 2					M2
Activity n	…				Mn
Total Bid Price (including contingency costs, duties, taxes and fees (if any) (carried forward to Letter of Bid, page No. …)					M=M1+M2+…+Mn

 

Legal representative of Bidder [full name, position, signature and seal]

Notes:

Columns (1), (2), (3), (4): Procuring Entity inserts in conformity with Chapter V Part 2 – Supply Requirements.

Columns (5), (6): quoted by the Bidder. The Bidder inserts unit price and amount of each activity. The Bid Price must include contingency costs, duties, taxes and fees (if any). The Bidder must find out, calculate and quote adequate duties, taxes and fees (if any) according to the given tax rates and amounts of fees as of  the date 28 days prior to the deadline for submission of bids as prescribed. If the Bidder declares that the Bid Price excludes duties, taxes and fees, its Bid will be rejected.

The contingency costs included in the Bid Price will be considered separately when evaluating the bid in terms of financial and commercial aspects.

 

Form 5(b)

PRICED ACTIVITY SCHEDULE

 (to be applied for fixed unit rate contract)

List of services	Description of services	Unit	Quantity	Unit price	Total price (Col. 4*5)
(1)	(2)	(3)	(4)	(5)	(6)
Activity 1					A1
Activity 2					A2
Activity n	…				An
Total Bid Price (including provision for inflation, duties, taxes and fees (if any)					A=A1+A2+…=An
contingency costs for additional quantity (*)					B=b% x A
Total bid  (carried forward to Letter of Bid, page No. …)					M = A + B

 

Legal representative of Bidder [full name, position, signature and seal]

Notes:

Columns (1), (2), (3), (4): Procuring Entity inserts in conformity with Chapter V Part 2 – Supply Requirements.

Columns (5), (6): quoted by the Bidder. The Bidder inserts unit price and amount of each activity. The Bidder must calculate and include expenses associated with duties, taxes and fees (if any) and provision for inflation in the Bid Price.

contingency costs (B) will not be considered for the purpose of ranking of Bidders.

Successful bid and contract price must include contingency costs (B).

(*): In the Bidding Documents, the contingency rate for additional quantity (b%) must be specified as the basis for quotation. When making a bid, the Bidder must quote contingency costs for the additional quantity equal to the rate mentioned in the Bidding Documents (b%) multiplied by (x) costs of items/components quoted by the Bidder (A).

 

Form 5(c)

PRICED ACTIVITY SCHEDULE

(to be applied for adjustable price contract)

List of services	Description of services	Unit	Quantity	Unit price	Total price (Col. 4*5)
(1)	(2)	(3)	(4)	(5)	(6)
Activity 1					A1
Activity 2					A2
Activity n	…				An
Total Bid Price (including duties, taxes and fees (if any)					A=A1+A2+…=An
Contingency costs					B = B1 + B2
Contingency costs for additional quantity (*) Provision for inflation (*)					B1 = b1% x A B2 = b2% x A
Total bid  (carried forward to Letter of Bid, page No. …)					M = A + B

 

Legal representative of Bidder [full name, position, signature and seal]

Notes:

Columns (1), (2), (3), (4): Procuring Entity inserts in conformity with Chapter V Part 2 – Supply Requirements.

Columns (5), (6): quoted by the Bidder. The Bidder fills in unit price and amount of each activity. The Bidder must calculate and include expenses associated with duties, taxes and fees (if any) in the Bid Price.

Contingency costs (B) will not be considered for the purpose of Ranking of Bidders

Successful bid and Contract price must include contingency costs (B).

 

Form 06 (b).

BIDDER’S JV MEMBERS INFORMATION FORM ⁽¹⁾

Date: _______________

Number and name of procurement: __________

Bidder’s name:

Bidder’s JV Member’s name:

Bidder’s JV Member’s country of registration:

Bidder’s JV Member’s year of establishment:

Bidder’s JV Member’s legal address in country of registration:

Bidder’s JV Member’s authorized representative information Name: ______________________________________________ Address: ____________________________________________ Telephone/Fax numbers: ____________________________________ Email address: _______________________________________

1. Attached are copies of original documents of:  enterprise registration certificate, establishment decision (or equivalent documents of constitution or association) issued by the competent authority of the country in which the Bidder is operating. 2. Organizational chart.

Notes:

(1) In case of joint venture, each JV' Party shall declare information using this Form.

 

Form No. 07

LIST OF COMPANIES IN CHARGE OF WORK ITEMS ⁽¹⁾

No.	Name of subsidiary company, associate company (2)	Work performed in the procurement (3)	Proportion of value to bid price (4)	Notes
1
2
3
4
5
...

Notes:

(1) If the Bidder is a parent company (namely a corporation), it must declare specific tasks assigned to subsidiary companies, associate companies. The qualification of the Bidder shall be evaluated according to the value and volume of work performed by the parent company, subsidiary companies, associate companies and has been declared in the Bid. If the Bidder is not a parent company, this Form shall not be used.

(2) Insert name of the subsidiary companies, associate companies.

(3) Insert work performed by the subsidiary companies, associate companies.

(4) Insert proportion of value of work performed by the subsidiary companies, associate companies to the bid price.

 

Form No. 08

PREVIOUS CONTRACT NON-FULFILMENT RECORDS ⁽¹⁾

Bidder’s name: _____________

Date: ________ ___________________

JV's Party name (if any): ____________________

 

Previous contract non-fulfillment records prescribed in Section 2.1 of Chapter III - Evaluation and Qualification Criteria
□ No concluded contract without fulfillment from January 1, ___ [year] prescribed in criterion 1 in the Financial Qualification Criteria in Section 2 of Chapter III - Evaluation and Qualification Criteria. □ At least one concluded contract without fulfillment from January 1, ___ [year] prescribed in criterion 1 in the Financial Qualification Criteria in Section 2 of Chapter III - Evaluation and Qualification Criteria.
Year	Unfinished tasks in the contract	Description of contract	Total value of contract (current value, currency unit, exchange rate, equivalent value in VND)
		Description of contract Investor’s name: Address: Reasons for contract non-fulfillment:

Notes:

(1) The Bidder must declare accurately and truthfully history of unfinished contracts; any unfisnished contract being not declared shall be considered “fraudulent” and rejected. Regarding joint venture, each JV' Party shall declare information using this Form.

 

Form No. 09

FINANCICAL SITUATION OF BIDDER ⁽¹⁾

Bidder’s name: _______________

Date:________ _____________________

JV's Party name (if any) : _____________________

Information from Balance Sheet

Total Assets
Total Liabilities
Net Worth
Current Assets
Current Liabilities
Working Capital

Information from Income Statement

Total Revenues
Profits Before Taxes
Profits After Taxes
Attached are copies of financial statements(3)  (balance sheets including all related notes, and income statements) for last 3 years, as indicated above, complying with the following conditions: 1. All such documents reflect the financial situation of the Bidder or JV's Party, and not sister or parent companies. 2. Historic financial statements must be complete, including all notes to the financial statements as prescribed. 3. Historic financial statements must correspond to accounting periods already completed, attached are certified true copies of one of the following documents: - Inspection record of tax declaration; - Tax statement (VAT and enterprise income tax) whose time of submitting certified by tax authority; - Documentary evidence on electronic tax declaration by the Investor; - Certification of tax liability issued by the tax authority (certifying amount paid in the whole year); - Auditor's report (if any); - Other documents;

Notes:

(1) In case of joint venture, each JV' Party shall declare information using this Form.

(2) The period of time above must correspond to the period of time prescribed in the Table of Evaluation and Qualitification Criteria of Section 2 Chapter III - Evaluation and Qualification Criteria; if it is not 3 years, these column shall be modified appropriately.

(3) Audited financial statement if the Bidder is subject to audit in compliance with the laws and regulations audit. If the Bidder is not subject to audit in compliance with the laws and regulations audit, no audited financial statement is required.

 

Form No. 10

AVERAGE ANNUAL TURNOVER ⁽¹⁾

Each Bidder or a JV's Party must fill in this form.

Information supplied should be the Annual Turnover from rendering of services of the Bidder or each JV's Party for work items in progress or completed according to amounts as specified in invoices issued to the Bidder or each JV's Party.

Annual Turnover Data for the Last ___Years
Year	Amount (VND)
Average Annual Turnover of Bidder (3)

Notes:

(1) Regarding joint venture, each JV' Party must fill in this form.

(2) The Employer shall insert the period of time prescribed in Table of Financial Qualification Criteria of Section 2 Chapter III - Evaluation and Qualification Criteria.

(3) Average Annual Turnover shall be determined by dividing total turnover by number of years according the information supplied.

 

Form No. 11

FINANCIAL RESOURCES ⁽¹⁾

(If financial resources are not included in Bidding Documents, this form is not used)

Specify proposed sources of financing, such as liquid assets⁽²⁾, credit limit and other financial means (other than advance payments of the contract), available to meet the financial resources requirements prescribed in Form No. 12 of this Chapter.

Financial Resources of Bidder
No.	Financing source	Amount (VND)
1
2
3
4
5
...
Total financial resources of Bidder

Notes:

(1) Every Bidder or JV's Party shall provide information about their financial resources, enclosed with documentary evidence.

Expected financial resources shall be determined by the following formula:

NLTC= TNL - DTH

Where:

- NLTC is the proposed sources of financing to perform the contract:

- TNL is total financial resources of the Bidder (specified in this form);

- DTH is total monthly financial resources required for contracts in progress (specified in Form No. 12 of this Chapter).

A Bidder shall be considered responsive to financial resources requirements if its mobilized proposed financial resources are no less than the value of financial resources required prescribed in Table of Financial Qualification Criteria of Section 2 of Chapter III - Evaluation and Qualification Criteria.

If the Bidder encloses a credit commitment issued by a credit institution lawfully operating in Vietnam in the Bid, which promises to lend to the commitment holder (the Bidder) to perform the considered package with minimum amount equivalent to the required value prescribed in Table of Financial Qualification Criteria of Section 2 Chapter III – Evaluation and Qualification Criteria during the contract duration, the Bidder shall be considered satisfying financial requirements for the package and not required to declare information using this Form and Form No. 12 of this Chapter.

(2) Liquid assets mean cash and equivalent, short-term financial instruments, available-for-sale securities, marketable securities, trade receivables, short-term financial receivables and other assets that can easily be changed into cash within 1 year.

 

Form No. 12

MONTHLY FINANCIAL RESOURCES FOR CONTRACTS IN PROGRESS ⁽¹⁾

(If financial resources are not included in Bidding Documents, this form is not used)

No.	Contract’s name	Contact person of the Investor (address, telephone, fax numbers)	Finish date of contract	Number of remaining months of contract (A) (2)	Unpaid contract value, including taxes (B) (3)	Monthly financial resources required (B/A)
1
2
3
4
...
Total monthly financial resources required for contracts in progress (DTH)

Notes:

(1) Each Bidder or JV's Party shall provide information below to calculate all required financial resources, which is all value of: (i) current commitments of the Bidder (or each joint venture member) in all contracts being executed or to be executed; (ii) required financial resources of the considered contract by the Investor. In addition, the Bidder shall provide information about any other financial obligation likely substantially affecting the execution of the considered contract if the Bidder is awarded the contract.

(2) Number of remaining months of contract at 28 days prior to the deadline for submission of Bid.

(3) Unpaid value of contract at 28 days prior to the deadline for submission of Bid.