Circular No. 01/2015/TT-BKHDT dated February 14, 2015, making of requests for expression of interest, invitation to bid, request for proposals for consulting services

• Official number: 01/2015/TT-BKHDT
• Legislation Type: Circular
• Organization: The Ministry of Planning and Investment
• Signer: Bui Quang Vinh
• Issued Date: 14/02/2015

MINISTRY OF PLANNING AND INVESTMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 01/2015/TT-BKHĐT	Hanoi, February 14, 2015

CIRCULAR

MAKING OF REQUESTS FOR EXPRESSION OF INTEREST, INVITATION TO BID, REQUEST FOR PROPOSALS FOR CONSULTING SERVICES

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

Pursuant to Clause 2 Article 127 of 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;

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

The Ministry of Planning and Investment hereby provide specific instructions on making of requests for expressions of interest, invitations to bid, request for proposals for consulting services

Article 1. Scope and regulated entities

1. Scope

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2. Regulated entities

Any organization or individual (hereinafter referred to as entity) that involves in selection of contractor for consulting services prescribed in Clause 1 of this Article.

Article 2. Use of templates of expression of interest, ITB, request for proposals for consulting services

1. In case of competitive bidding that apply shortlisting, the templates of the EOI request and ITB enclosed herewith shall be used.

2. In case of competitive bidding without shortlisting and in case of selective bidding, the templates of the ITB enclosed herewith shall be used.

3. In case of direct contracting, the template of the request for proposals enclosed herewith shall be used.

4. When applying a template of the EOI request or ITB, the soliciting entity shall set out requirements that ensure competitiveness, fairness, transparency, and economic efficiency based on the scale, characteristics of the procurement and conditions of the market. The soliciting entity must not set out conditions that restrict the participation of bidders or bring advantage for one or some bidders, which creates unfair competition.

In the template of the EOI request, ITB, and request for proposals, the italic text is instructional and will be specified by the user depending on the scale and characteristics of the procurement. If the normal text of the template is changed, the maker must ensure that the EOI request, ITB, and request for proposals does not contravene regulations of law on bidding. The investor is legally responsible for the change made.

5. If a contract using fixed unit prices or variable unit prices has to be used together with the template of the ITB or request for proposals, the soliciting entity shall adhere to regulations of the Law on Bidding No. 43/2013/QH13, and the Government's Decree No. 63/2014/NĐ-CP.

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Article 3. Contract

The contract between the investor and the contractor must be conformable with the contract template provided for in the ITB or request for proposals. Depending on the scale and characteristics of the procurement, the investor may revise the contract terms in accordance with corresponding regulations of law in a way that ensure the logic, uniformity, and tightness of the whole contract, avoid restricting the investor's rights and the contractor's obligations.

Article 4. Implementation

1. This Circular takes effect on April 15, 2015 and replaces Circular No. 06/2010/TT-BKH dated March 09, 2010 of the Ministry of Planning and Investment on making of ITB for consulting services and Circular No. 09/2011/TT-BKHĐT dated September 07, 2011 of the Ministry of Planning and Investment on making of request for proposals for consulting services.

2. Ministries, Ministerial agencies, Governmental agencies, other central agencies, the People’s Committees, and relevant entities are responsible for the implementation of this Circular. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and Investment for consideration./.

MINISTER




Bui Quang Vinh

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 (Enclosed with Circular No. 01/2015/TT-BKHĐT dated February 14, 2015 of the Ministry of Planning and Investment)

EOI REQUEST

Procurement: ____________ (name of the procurement package)

Project: ____________ (name of the project)

Investor: ____________ (name of the investor)

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Legal representative of solicitation consulting unit (if any)
[Full name, position, signature, and seal]

 [Location and date]

Legal representative of the soliciting entity)
[Full name, position, signature, and seal]

TABLE OF CONTENTS

Part one. Instructions for bidders

Chapter I. Procedures for requesting expression of interest (EOI)

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B. Preparation of EOIs

C. Submission of the EOIs

D. Opening and evaluating EOIs

E. Shortlisting result

Chapter II. Validity of expressions of interest and criteria for evaluating expressions of interest

Chapter III. Templates

Form No. 1: EOI letter

Form No. 2: Letter of authorization

Form No. 3: Joint venture agreement

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Form No. 5: Financial capacity of bidder

Form No. 6: List of key consultants of bidder

Form No. 7: Curriculum vitae of consultant

Part two. Requirements applied to consulting services

Chapter IV. Summary of requirements applied to consulting services

ABBREVIATIONS

EOI

Expression of interest

EOI request

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Law on Bidding

Law on Bidding No. 43/2013/QH13

Decree 63/CP

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

VND

Vietnam dong

USD

US dollars

Part one

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Chapter I

PROCEDURES FOR REQUESTING EOIs

A. OVERVIEW

Section 1. Contents of the EOI request

1. ____________ [insert name and address of the soliciting entity] hereby invites eligible bidders EOIs for ___________ [insert name of the consulting service procurement according to the approved contractor selection plan] of ___________ [insert name of the approved project or procurement plan].

2. Primary tasks: ______ [write the tasks]

3. Capital sources: ___________ [specify capital source or method for capital raising, capital provision time; the sponsor’s name and capital structure, including assistance capital and reciprocal capital in case of ODA or concessional loan].

Section 2. Eligibility of bidders

A bidder is considered eligible when all of the following conditions are satisfied:

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2. The bidder is keeping accounting records independently;

3. The bidder is not undergoing dissolution process, is not thrown into bankruptcy, and does not incur bad debts as prescribed by law;

4. The bidder has been registered on the national bidding network: ______________ [“applicable” if the Ministry of Planning and Investment had issued a guiding document at that time; “not applicable” if the Ministry of Planning and Investment had not issued a guiding document at that time];

5. Competitiveness in bidding is ensured as prescribed in Section 3 of this Chapter;

6. The bidder is not banned from bidding;

7. In case of international bidding, the bidder has to establish a joint venture member with a Vietnamese contractor or hire a Vietnamese subcontractor, unless such Vietnamese contractor is not capable of any task of the procurement.

Section 3. Assurance of competitiveness in bidding

1. Every bidder who submits the EOI must be legally and financially independent from the investor/soliciting entity, particularly:

a) The bidder does not belong to the same supervisory organization of soliciting entity being a public service agency;

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2. Every bidder who submits the EOI must be legally and financially independent from the solicitation consulting unit, evaluate the EOIs, verify shortlisting result, and other contractors: _____________ [rules shall be imposed depending on the characteristics of the procurement and in accordance with Article 6 of the Law on Bidding and Article 2 of Decree 63/CP. EXAMPLE: If the consulting service procurement involves consultancy and supervision of a construction contract, the bidder who submits the EOI must be independent from the constructing contractor]

a) The bidder does not belong to the same supervisory organization of the public service agency;

b) The bidder and the investor/soliciting entity do not hold shares or stakes of each other, do not hold more than 20% of shares or stakes of the same entity.

Section 4. EOI request and issuance of the EOI request

1. The contents of an EOI request are mentioned at the Table of contents above.

2. The soliciting entity shall issue the EOI request free of charge to interested bidders after 03 working days from the first day on which the EOI request is posted until the EOI submission deadlines.

Section 5. Clarification of EOI request

Any bidder who needs clarification of the EOI request shall send a written request to the soliciting entity at _____________ [insert the soliciting entity’s address] at least ____ days [depending on the scale and characteristics of the procurement] before the EOI submission deadlines (the bidder may send a prior notice to the soliciting entity by fax, email, etc.). After receiving the written request for clarification by the deadline, the soliciting entity shall make a written response without specifying the name of the requesting bidder, and send it to every bidder who receives the EOI request from the soliciting entity. If the clarification leads to a change to the EOI request, the soliciting entity must revise the EOI request in accordance with Section 6 of this Chapter.

Section 6. Revisions to EOI request

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Section 7. Cost of shortlisting

Bidders shall incur every cost related to the shortlisting process from the receipt of EOI request to the time the shortlisting result is given.

B. PREPARATION OF EOIs

Section 8. Language

The EOI and every document exchanged by the soliciting entity and the bidder related to the EOI request must be written in ________________ [“Vietnamese” in case of domestic bidding; “English” in case of international bidding or the EOI request is written in English; “English and Vietnamese” and “In case of discrepancies between the English version and Vietnamese version, the English version shall apply” if the EOI request is written in both Vietnamese and English. Other documents must be written in certain common languages. If another language is used by the bidder, a translation into the language of the EOI must be provided].

Section 9. Contents of the EOI

The EOI prepared by a bidder must contain:

1. Documents proving the bidder’s eligibility, capacity, and experience prescribed in Section 11 of this Chapter;

2. A declaration using the form provided in Chapter III;

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Section 10. EOI letter

The EOI letter is written by the bidder and must conform to form No. 1 in Chapter III, bear the signature of the legitimate representative of the bidder (who is the bidder’s legal representative or an authorized person under a letter of authorization using form No. 2 in Chapter III) and the seal.

In case of authorization, the bidder must enclose with the EOI letter the following documents to prove the eligibility of the authorized person: ________________________ [the legal documents to be submitted by the bidder to prove the eligibility of the authorized person such as a certified true copy of the company’s charter, a Decision on establishment of a branch, etc.].

If the bidder is a joint venture, the EOI letter must bear the signature and seal of the legal representatives of every joint venture member or the head member of the joint venture according to the joint venture agreement. Any joint venture member that authorizes a representative must enclose documents proving the eligibility of the authorized person with the EOI letter as if independent contractors.

Section 11. Documents proving the bidder’s eligibility, capacity, and experience

1. Documents proving the bidder’s eligibility:

a) Independent bidders must provide the following documents to prove their eligibility: _________ [documents to prove the bidders’ eligibility e.g. certified true copy of the Certificate of Business registration, etc.]

b) Bidders being joint ventures must provide the following documents:

- Documents mentioned in Point a of this Clause of each joint venture member;

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2. Documents proving the bidder’s capacity and experience:

a) The bidder’s capacity and experience shall be described using form No. 4, 5, and 6 provided in Chapter III. The capacity and experience of a joint venture is the total capacity and experience of its members based on the scope of each member. Each member has to prove that their capacity and experience satisfy requirements of the EOI request.

b) Other documents: ______________[if any].

Section 12. Format of an EOI

1. The bidder must prepare an original copy and ____ photocopies of the EOI [not more than 05 photocopies] and write “original” or “photocopy” on them.

2. The bidder is responsible for the accuracy and consistency between the original copies and photocopies. During the evaluation process, if the soliciting entity finds technical defects of the photocopies such as blur, unclear text, missing pages, or other defects, the contents of the original copy shall prevail. In case of any discrepancy between the original copy and the photocopy which does not change the bidder’s ranking, the original copy shall prevail. In case of any discrepancy between the original copy and the photocopy which leads to a change to the bidder’s ranking, the EOI will be disqualified.

3. The EOI must be typed, printed with indelible ink, and have page numbers. The EOI letters, additional documents, clarifying documents, and other templates must bear the signature of the bidder’s legal representative as instructed in Chapter III.

4. If the bidder is a joint venture, the EOI must bear the signatures of legal representatives or all joint venture members or the member that represents the joint venture according to the joint venture agreement. In order to ensure that all joint venture members are legally bound, the joint venture agreement must bear the signatures of legal representatives or all joint venture members.

5. Text that is added, inserted, deleted, or overwritten is only valid if there is a signature of the person that signs the EOI letter next to it or on that same page.

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Section 13. Sealing and noting on the EOI envelope

1. The contents of an EOI are specified in Section 9 of this Chapter. The EOI must be put in a sealed envelope (the bidder shall decide how to mark the seal). Information on the EOI envelope shall be written as follows: __________ [Specify the format. Example: The bidder must write the following information on the EOI envelope:_________

- Bidder’s name, address, and phone number: _____.

- EOI submission address: ________ [insert name, address of the soliciting entity].

-  Procurement: ____________ [name of the procurement]

- The envelope must not be opened by _________ [write the time of opening EOI envelopes].

In case of revision to an EOI, the text "Hồ sơ quan tâm sửa đổi" ("Revised”) must be added.

2. If the EOI consists of multiple documents, the bidder must pack all of them in a way that ensures convenient receipt and preservation of the EOI, ensures the integrity of the EOI, and avoids misplacement.

3. The bidder is responsible for any consequence or disadvantage if failing to adhere to regulations of the EOI request such as failing to seal or losing the seal of the EOI while the EOI is being sent to the soliciting entity, failing to write correct information on the EOI envelop as instructed in Clause 1 and Clause 2 of this Section. The soliciting entity is not responsible for the confidentiality of information of the EOI if the bidder fails to follow the instructions in Clause 1 and Clause 2 of this Section.

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1. The bidder shall submit the EOI directly or sent it to the soliciting entity’s address by _________ [insert deadline (hour and date) for submitting EOIs depends on the scale and characteristics of the procurement. The time limit is at least 10 days in case of domestic bidding and 20 days in case of international bidding]. The soliciting entity shall receive EOIs from every bidder by the deadline, including those who have not directly received the EOI request from the soliciting entity.

2. The soliciting entity may extend the EOI submission deadlines if it is necessary to increase the quantity of EOIs or the EOI request is revised according to Section 6 of this Chapter or at the request of bidders.

3. When extending the EOI submission deadline, the soliciting entity shall send written notifications the bidders that have received the EOI request or have submitted EOI, post it on the national bidding network and Vietnam Public Procurement Review Journal (including the English version in case of international bidding). The soliciting entity must specify the new deadline in order for bidders to revise their EOIs (including the EOI effect) to new requirements. Any bidder who has submitted the EOI may have it returned for revision. Any EOI that is not returned shall be treated as “confidential documents” by the soliciting entity.

Section 15. Late submission of EOIs

Every EOI that is sent to the soliciting entity after the EOI submission deadlines is considered invalid and such EOI shall be disqualified and returned the bidder as is. Every document that is sent by the bidder after the EOI submission deadlines for supporting or revising the EOI is considered invalid, except for documents sent by the bidder to clarify the EOI at the request of the soliciting entity or documents proving the bidder’s eligibility, capacity, and experience prescribed in Section 18 of this Chapter.

Section 16. Revision, replacement, or withdrawal of EOI

1. After submitting the EOI, the bidder may withdraw, replace, or revise it by sending a written notification which specifies the new contents or revisions and bears the signature of the bidder’s legitimate representative. In case of authorization, a valid letter of authorization using Form No. 2 provided in Chapter III must be enclosed. Every notification must be prepared and submitted to the soliciting entity in accordance with regulations in Section 13 of this Chapter. The envelope of the notification must have the text “Withdrawal of EOI” or “Replacement of EOI” or “Revisions to EOI”. The soliciting entity must receive the notification before the EOI submission deadline prescribed in Section 14 of this Chapter.

2. The EOI that the bidder wishes to withdraw shall be returned to the bidder as is. The bidder must not withdraw, replace, or revise the EOI after the EOI submission deadline until the expiration date of the EOI written on the EOI letter (or expiration date of the renewed EOI).

D. OPENING AND EVALUATING EOIs

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1. EOIs will be publicly opened at _________ on _______________ at _____________ [write the date, time, and location where EOIs are opened. EOI must be opened within 01 hour from the EOI submission deadline].

2. The soliciting entity shall open the EOIs in alphabetical order of the bidders’ names. With regard to the bidders who submit the request for EOI withdrawal after the EOI submission deadline, such EOIs shall not be opened and shall be returned to the bidders as is.

3. After EOIs are opened, the soliciting entity shall make a record and send its photocopies to every bidder who submitted the EOIs.

Section 18. Clarifying EOIs

1. After EOIs are opened, bidders are responsible for clarifying them at the request of the soliciting entity. Every request for clarification and response of bidders must be made in writing. The clarification shall only be carried out between the soliciting entity and the bidder whose EOI has to be clarified. Clarifying documents shall be kept by the soliciting entity as an integral part of the EOI.

2. The written request for clarification must specify the deadline for the bidder to provide clarification. If the soliciting entity does not receive any clarifying documents by the deadline or the clarification documents are not satisfactory, the soliciting entity shall evaluate the EOI according to information on the EOI before the EOI submission deadline.

3. After the EOI submission deadline, if the bidder finds that the EOI does not have documents proving the bidder’s eligibility, capacity, and experience, the bidder may send additional documents to the soliciting entity by ________ [this deadline depends on the project progress, procurement, and the EOI evaluation period]. The soliciting entity shall receive additional documents from the bidder. Such additional documents are considered an integral part of the EOI. The soliciting entity must send a written notification of the receipt of additional documents to the bidder, whether directly, by post, fax, or email, etc.

Section 19. EOI Evaluation

1. Inspecting the validity of the EOI:

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b) Inspect the composition of the EOI, including:

- The EOI letter prescribed in Section 10 of this Chapter;

- The EOI letter prescribed in Section 10 of this Chapter;

- The letter of authorization to sign the EOI letter prescribed in Section 10 of this Chapter (if any);

- Documents proving the bidder’s eligibility, capacity, and experience prescribed in Section 11 of this Chapter.

c) Inspect the consistency between the original copy and photocopies to serve the EOI evaluation.

2. Inspecting the validity of EOIs as prescribed in Section 1 of Chapter II.

The soliciting entity shall discard every EOI that fails to satisfy any of the conditions mentioned in Section 1 of Chapter II. The EOIs that satisfy conditions in Section 1 Chapter II shall be evaluated in accordance with Clause 3 of this Section.

3. Inspecting the responsiveness of EOIs according to evaluation criteria prescribed in Section 2 of Chapter II. Every EOI that receives a score not lower than the minimum score shall be shortlisted; the bidder whose EOI has the highest score shall be ranked first. If there are more than 06 satisfactory bidders, the 06 bidders with highest rank shall be shortlisted.

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Section 20. Conditions for shortlisting

A bidder shall be shortlisted when all of the following conditions are satisfied:

1. The bidder has a valid EOI;

2. The bidder has a satisfactory EOI;

3. The bidder is ranked from first to sixth (if there are more than 06 satisfactory bidders).

Section 21. Publishing of shortlisting result

After a decision to approve the shortlisting is issued, the soliciting entity shall post the result (the shortlist) on national bidding network or Vietnam Public Procurement Review Journal, concurrently send a notification of the result to every bidder (including those on the shortlist and those that are not).

Chapter II

VALIDITY OF EOIs AND EOI EVALUATION CRITERIA

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An EOI is considered valid when all of the following conditions are satisfied:

1. There is an original copy of the EOI;

2. There is an EOI letter bearing the signature and seal of the bidder (if any) as prescribed in Section 10 Chapter I. If the bidder is a joint venture, the EOI letter must bear the signatures of legal representatives of every joint venture member or the head member of the joint venture according to the joint venture agreement;

3. The bidder’s name does not appear in two or more EOIs as the main contractor (independent contractor or joint venture member);

4. There is a joint venture agreement bearing the seal and signature of legal representatives of every joint venture member (if any);

5. The bidder is eligible as prescribed in Section 2 of Chapter I;

6. The bidder is capable of operation as prescribed by corresponding regulations of law (if any).

Every bidder whose EOI is valid shall undergo further evaluation. Every bidder whose EOI is invalid shall be disqualified.

Section 2. EOI Evaluation

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Evaluation criteria must be specified in the EOI request. During the EOI evaluation, the evaluation criteria mentioned in the EOI request must be complied with without any change.

Evaluation criteria are established according to a scale of 100. The minimum score is 60%. The minimum score of capacity, experience, and employees is 50%.

No.

Criterion

Maximum score

Scale (if any)

Minimum score

1

Bidder’s capacity and experience

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a. Similar contracts executed in the last ... years (in terms of characteristics, scale, value, etc.)

b. Geographically similar contracts executed

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c. Bidder’s reputation through executing similar contracts previously

d. Other elements

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Total (100%)

Notes:

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If requirements for key employees (chief consultant, president, etc.) are set out when making the EOI request, such requirements shall be specified in this Section. In this case, the key employees must have long-term contracts or indefinite contracts with the bidder. If key employees that are not under the management of the bidder are employed, specific explanation must be provided. Curriculum vitas of key employees shall be made using form No. 7 provided in Chapter III.

Chapter III

Templates

The bidder shall prepare documents using the following forms:

No.

Document

Form

Notes

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Form No. 1

2

Letter of authorization

Form No. 2

Only applicable if the bidder appoints a legal representative

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Joint venture agreement

Form No. 3

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Organizational structure and experience of bidder

Form No. 4

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Financial capacity of bidder

Form No. 5

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Form No. 6

7

Curriculum vitae of consultant

Form No. 7

Only applicable if  requirements for key employees are set out in Section 2 of Chapter II

Form No. 1

EOI letter

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To: ____________________ [insert name of the soliciting entity]

In response to the EOI request (including every revision, if any),  _____________ [insert name of the bidder] hereby expresses out interest in ______________ [insert name of the consulting service procurement]

If short-listed, we will bid for ____________ [insert name of the consulting service procurement].

We hereby declare that the information provided herein is accurate and truthful.

Legal representative of the bidder^(1)
[Full name, position, signature, and seal]^(2)

Notes:

 (1) If the bidder’s legal representative authorizes his/her subordinate to sign the EOI letter, a letter of authorization (Form No. 2 provided in this Chapter) must be enclosed. If the company’s charter or another document permits such subordinate to sign the EOI letter, such document shall be enclosed (In this case, the letter of authorization is not required).

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Form No. 2

LETTER OF AUTHORIZATION ^(1)

 [Location and date]

I am ___________ [insert name, ID/passport number, position of the bidder’s legal representative], the legal representative of _______ [insert name of the bidder] at _____________ [insert address of the bidder] hereby authorizes _____________ [insert name, ID/passport number, position of authorized person] to perform the following tasks during the shortlisting process of ____________ [insert name of procurement] of _____________ [insert name of the project] held by _____________ [insert name of the soliciting entity]:

 [- Sign the EOI letter;

- Sign the joint venture agreement;

- Sign documents with the soliciting entity during the shortlisting process, including the request for clarification of the EOI request and EOIs.]^(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] is totally responsible for the tasks performed by ___________ [name of authorized person] within the authorization scope.

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Authorized person
[insert name, position, signature, and seal (if any)]

Authorizer
[Insert name, position, signature, and seal of legal representative of bidder]

Notes:

 (1) The original copy of the letter of authorization must be sent to the soliciting entity together with the EOI letter prescribed in Section 10 of Chapter I. The deputy, subordinate of the bidder’s legal representative, branch manager, representative office manager may be authorized by the bidder’s legal representative to perform one, some, or all of the aforementioned tasks. The seal used in this case may be the bidder’s or the organization of the authorized person. The authorized person must not authorize another person.

 (2) The authorization covers one, some, or all of the said tasks.

 (3) Insert the effective date and expiration date of the letter of authorization which suits the shortlisting process.

Form No. 3

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[Location and date]

Procurement: ____________ [name of procurement]

Project: ____________ (name of the project)

- Pursuant to ^(2) __________ [the Law on Bidding No. 43/2013/QH13 dated November 26, 2013];

- 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 the EOI request for execution of _______________ [insert name of procurement] dated __________ [insert date of the EOI request];

Representatives of signatories to the joint venture agreement include:

Name of joint venture member _______________ [insert name of each joint venture member]

Representative: Mr./Ms. __________________________________________________

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Address: ____________________________________________________________________

Phone number: _________________________________________________________________

Fax: __________________________________________________________________

E-mail: ____________________________________________________________________

Account: _________________________________________________________________

TIN: _________________________________________________________________

Letter of authorization No. ___________ dated ___________ (in case of authorization).

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

Article 1. General rules

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2. Official name of the joint venture used in every transaction related to the procurement: ______________ [insert the agreed name of the joint venture].

3. All members are committed not to unilaterally participate in or cooperate with any other party in any shape or form in participating in the shortlisting process of this contract.

4. Should the joint venture be shortlisted, its members will sign a joint venture agreement to participate in the bidding as requested by the ITB.

Article 2. Allocation of responsibility

All members unanimously take joint responsibility and personal responsibility for execution of __________ [insert name of procurement] of _______________ [insert name of project] as follows:

1. Head member:

All members unanimously appoint ___________ [name of a member] as the head member of the joint venture who represents the joint venture to:

 [- Sign the EOI letter;

- Sign documents with the soliciting entity during the shortlisting processing, including the request for clarification of the EOI request and EOIs.] ^(3)

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Members of the joint venture intend to assign responsibility of each member as follows: ____________ [insert the intended tasks of each member, including the head member].

Article 3. Effect of joint venture agreement

The joint venture agreement is effective from the day on which it is signed and expires in the following cases:

1. The joint venture is not shortlisted;

2. The shortlist is cancelled by the soliciting entity.

The joint venture agreement is made into _____ copies with equal value, each member shall keep _______ copies.

Legal representative of the head member
[insert full name, position, signature, and seal]

Legal representative of each member
[insert full name, position, signature, and seal]

Notes:

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 (2) Applicable legislative documents shall be updated.

 (3) The authorization covers one, some, or all of the said tasks.

Form No. 4

ORGANIZATIONAL STRUCTURE AND EXPERIENCE OF BIDDER

A. Organizational structure of bidder

 [describe briefly the establishment and organization structure of the bidder (or each member of the joint venture). Describe the quantity of consultants that sign long-term or indefinite employment contracts with the bidder; specify the experience of each consultant]

B. Experience of bidder

Similar consulting service contracts executed by the bidder over the last _________  years.

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Project name

Location

Investor’s name

Procurement name

Contractual price (or value of consulting services in case of joint venture)

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Status (independent bidder, joint venture, or subcontractor)

Duration of contract duration (written on the contract, specifying the beginning date and ending date)

Actual duration (specifying the beginning date and ending date, and reasons for slow progress, if any)

Summary of tasks performed by the bidder under the contract

The bidder must enclose photocopies of relevant documents.

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Form No. 5

FINANCIAL CAPACITY OF BIDDER

 [Location and date]

Bidder’s name: ____________ [name of the bidder]

A. Summary of financial figure over the last ____________ fiscal year.

Unit: ________ [insert currency]

No.

Item

 [year]

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 [year]

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Total asset

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Total debt payable

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3

Total short-term assets

4

Total short-term debt

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5

Revenue

6

Pre-tax profit

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7

Post-tax profit

8

Other items (if required)

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B. Enclosure

For the purpose of comparison with the figures declared by the bidder, the bidder shall submit a financial statement and authenticated photocopies of any of the following documents:

1. A tax inspection record over the last ____________ fiscal years.

2. An annual tax declaration certified by a tax authority or an electronic annual tax declaration and documents proving fulfillment of tax liability that over the last ____________ fiscal years.

3. Written confirmation of fulfillment of tax liability over the last ____________ fiscal years issued by the tax authority;

4. An audit report.

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

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Form No. 6

LIST OF KEY CONSULTANTS OF THE BIDDER ^(1)

No.

Full name

Specialty

Years of experience of relevant field

1

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2

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Notes:

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No.

Full name

Nationality

Position in contract

Specialty

Years of experience of relevant field

I. Bidder’s key employees

1

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2

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1

2

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III. Other employees

1

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Form No. 7

CURRICULUM VITAE OF CONSULTANT

Intended position: ____________________________________________________

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Consultant’s full name: ________________________________ Nationality: ________________

Profession: _____________________________________________________________

Date of birth: _____________________________________________________

Professional organization: _____________________________________________________________

________________________________________________________________________

Work experience

Time

Unit

Reference

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From _____ to _____

…

 [insert name, phone number, email of references for verification]

….

Intended tasks in the contract:

Specific description of intended tasks in the contract:

Specify experience of relevant tasks and duties performed previously to prove the capability of the assigned tasks and duties

 [specify tasks assigned to the consultant]

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Capacity: [describe experience and training courses participated in which suit the assigned tasks. Specify the tasks of each project, name/address of the investor/soliciting entity.]

_________________________________________________________________________

Education: [specify relevant qualifications, issuers, learning period, and types of qualifications]

_________________________________________________________________________

Foreign language:

________________________

 [specify the foreign language level]

_________________________________________________________________________

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________________________________________________

I hereby declare that the above statement is truthful to the best of my knowledge and that knowingly providing false information or omitting information may result in legal liability.

 [Location and date]

[signature, position, and full name]

Notes:

- Each individual consultant on the list form No. 6 must complete this declaration.

- The bidder shall enclose copies of employment contracts and photocopies of the qualifications/practicing certificates of the listed consultants.

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REQUIREMENTS APPLIED TO CONSULTING SERVICES

Chapter IV

SUMMARY OF REQUIREMENTS APPLIED TO CONSULTING SERVICES

This Chapter consists of requirements applied to consulting services and plan for execution of consulting service contract

1. Overall introduction of project

 [provide brief information about the project such as project name, investor, sources of capital, investment decision, main operations of project, etc.]

2. Basic description of consulting services

 [provide information about the scale, characteristics, and complexity of consulting services.]

3. Execution plan

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4. Bidder’s experience and employees

 [specify employees requirements applied to the whole contract and each position.]

TEMPLATE
INVITATION TO BID FOR PROVISION OF CONSULTING SERVICES

 (Enclosed with Circular No. 01/2015/TT-BKHĐT dated February 14, 2015 of the Ministry of Planning and Investment)

INVITATION TO BID

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Procurement: ____________ (name of procurement)

Project: ____________ (name of the project)

Investor: ____________ (name of the investor)

Legal representative of solicitation consulting unit (if any)
[Full name, position, signature, and seal]

 [Location and date]

Legal representative of soliciting entity)
[Full name, position, signature, and seal]

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TABLE OF CONTENTS

ABBREVIATIONS

Part one. INSTRUCTIONS FOR BIDDERS

Chapter I. Procedures for bidding

A. OVERVIEW

B. PREPARATION OF BID-ENVELOPES

C. SUBMISSION OF BID-ENVELOPES

D. OPENING AND EVALUATING BID-ENVELOPES

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Chapter II. Datasheet

Chapter III. VALIDITY OF BID-ENVELOPES AND CRITERIA FOR EVALUATION OF BID-ENVELOPES

Part two. Technical proposal forms

Form No. 1: Bid form  (Technical proposal)

Form No. 2: Letter of authorization

Form No. 3: Joint venture agreement

Form No. 4: Organizational structure and experience of bidder

Form No. 5: Suggestions to complete terms of reference

Form No. 6: Solutions and methodology proposed by the bidder to provide consulting services

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From No. 8: Curriculum vitae of consultant

Form No. 9: Work schedule

Part three. Financial proposal forms

Form No. 10A: Bid form (Financial proposal)

Form No. 10B: Bid form (Financial proposal)

Form No. 11: Cost summary

Form No. 12A: Remunerations for consultants

Form No. 12B: Analysis of remunerations for consultants

From No. 13. Other expenses of consultants

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Part five. Contract requirements

Chapter IV. General conditions

Chapter V. Specific conditions

Chapter IV. Sample contract

Form No. 14: Consulting service contract (all-inclusive contract)

Form No. 15: Consulting service contract (fixed-term contract)

ABBREVIATIONS

ITB

Invitation to bid

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Law on Bidding No. 43/2013/QH13

Decree 63/CP

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

VND

Vietnam dong

USD

US dollar

SUMMARY DESCRIPTION

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Chapter I. Procedures for bidding

This Chapter provides information that helps bidders prepare their bid-envelopes, including regulations on preparing, submitting, opening, evaluating bid-envelopes, completing, and concluding the contract.

Chapter II. Datasheet

This Chapter provides specific regulations applied to each particular procurement.

Chapter III. Validity of bid-envelopes and criteria for evaluation of bid-envelopes

This Chapter consists of criteria for evaluating validity of bid-envelopes; criteria for technical and financial evaluation of bid-envelopes.

Part two. TECHNICAL PROPOSAL FORMS

This part consists of technical proposal forms to be completed by the bidder which are part of the technical proposal.

Part three. FINANCIAL PROPOSAL FORMS

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Part four. TERMS OF REFERENCE

Terms of reference include introduction of the procurement, tasks, reporting, time, bidder’s experience and employees, responsibility of the soliciting entity.

Part five. CONTRACT

Chapter IV. General terms of contract

This Chapter consists of general terms uniformly applied to every contract of various procurements.

Chapter V. Specific terms of contract

This Chapter consists of specific terms of each particular contract which are set by the investor in accordance with general terms and specific requirements for execution of the procurement/project.

Chapter IV. Contract form

This Chapter provides the forms that are an integral part of the contract.

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INSTRUCTIONS FOR BIDDERS

Chapter I

BIDDING PROCEDURES

A. OVERVIEW

Section 1. Bidding contents

1. The soliciting entity shall invite bidders for the consulting service procurement of the project or the procurement plan mentioned in the datasheet. Name and primary tasks of the procurement are specified in the datasheet.

2. Contract execution time is specified in the datasheet.

3. Sources of capital for execution of the contract are specified in the datasheet.

Section 2. Eligibility of bidders

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1. The bidder has been granted registration by a competent authority of the country in which the bidder is operating;

2. The bidder is keeping independent accounting records;

3. The bidder is not undergoing dissolution process, is not thrown into bankruptcy, and does not incur bad debts as prescribed by law;

4. The bidder has been registered on national bidding network as prescribed in the datasheet;

5. Competitiveness in bidding is ensured as prescribed in Section 3 of this Chapter;

6. The bidder is not banned from bidding;

7. The bidder is shortlisted (if shortlisting is applied); shortlisted bidders must not set up joint ventures to bid for the contract;

8. The bidder has a joint venture member or a contractor that is a Vietnamese contractor as prescribed in the datasheet.

Section 3. Assurance of competitiveness in bidding

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a) The bidder does not belong to the same supervisory organization of the public service agency;

b) The bidder and the investor/soliciting entity do not hold more than 30% of stake of each other.

2. The bidder must be legally and financial independent from other bidders mentioned in the datasheet, particularly:

a) The bidders do not belong to the same supervisory organization of the public service agency;

b) The bidders do not hold shares or stakes of each other, do not hold more than 20% of shares or stakes of the same entity.

3. In case of selective bidding, the bidder and other bidders in this procurement do not hold more than 20% of shares of stakes of each other.

Section 4. Bidding costs

1. The bidders shall incur every costs of participation in the bidding from the receipt of the EOI request (if any), ITB from the soliciting entity until the contractor selection result is given (or until the contract is concluded for the successful bidder) The soliciting entity shall not incur any costs related to the participation of bidders in all cases.

2. Bidders, subcontractors (if any) and consultants of bidders are responsible for every tax liability incurred from the contract execution.

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1. The contents of the ITB are specified in the table of contents above. Bidders are responsible for checking and examining contents of ITB. The method for evaluating bid-envelopes is specified in the datasheet.

2. Any bidder who needs clarification of the ITB shall send a written request to soliciting entity (address and time are specified in the datasheet). The bidder may send a prior notice to the soliciting entity by fax, email, etc. After receiving the written request for clarification by the deadline, the soliciting entity shall make a written response without specifying the name of the requesting bidder, and send it to every bidder who receives the ITB from the soliciting entity. If the clarification leads to revision to the ITB, the soliciting entity shall revise the ITB in accordance with Section 6 of this Chapter.

Where necessary, the soliciting entity shall hold a pre-bidding convention to the contents of the ITB that need clarifying. The discussion shall be recorded by the soliciting entity in writing and sent to every bidder that receives the ITB. Absence from the pre-bidding convention is not a reason for disqualifying bidder.

Section 6. Revisions to ITB

1. ITB may only be revised before bid closing by making revisions to the ITB.

2. Revisions to ITB are considered an integral part of the ITB and must be sent to every bidder that receives the ITB.

3. The time for sending revisions to ITB to the bidders is specified in the datasheet. In order for bidders to have enough time to revise their bid-envelopes, the soliciting entity may defer the bid closing time as prescribed in Section 17 of this Chapter. Every bidder must notify the soliciting entity of the receipt of the revisions in writing, by post, by fax or email.

Section 7. Incentives for bidders

1. Incentive rules

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b) If there are bid-envelopes that are equally ranked after including incentives, the bidder located in the administrative division where the procurement is launched shall be preferred.

2. The subjects and methods of calculating incentives are specified in the datasheet.

3. The bidder eligible for incentives mentioned in Clause 2 of this Section must make a declaration in the technical proposal and enclose supporting documents with it.

B. PREPARATION OF BID-ENVELOPES

Section 8. Language

The bid-envelopes and every document pertaining to the bidding exchanged between the soliciting entity and the bidder must use the language prescribed in the datasheet.

Section 9. Contents of the bid-envelopes

The bid-envelope prepared by a bidder must contain:

1. Technical proposal documents, including:

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b) The technical proposal prescribed in part two;

c) Other contents prescribed in the datasheet.

2. The financial proposal prescribed in part three;

Section 10. Bid form

The bid form, including the bid form enclosed with the technical proposal (Form No. 1 in Part two) and the bid form enclosed with the financial proposal (form No. 10A or 10B in Part three) must:

1. Bear the signature and seal (if any) of the bidder’s legal representative (who is the legal representative of the bidder or an authorized person according to a valid letter of authorization using Form No. 2 in Part two). In case of authorization, the bidder must enclose with it the documents proving the eligibility of the authorized person prescribed in the datasheet. If the bidder is a joint venture, the bid form must bear the signature and seal (if any) of legal representatives of every joint venture member or the head member of the joint venture according to the joint venture agreement; Any joint venture member that authorizes a representative must enclose documents proving the eligibility of the authorized person with the bid form as if independent contractors.

2. Specify the contract execution time which conforms with the technical proposal.

3. On the bid form enclosed with the financial proposal, the bid price must be written in both numbers and words, suitable for the total bid price on the cost summary sheet; do not offer various bid prices or attached with conditions that are disadvantageous to the investor or the soliciting entity.

Section 11. Bid price and discount

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2. Discount offered by the bidder (if any) must be written on a separate letter of discount or directly on the bid form using Form No. 10B in Part Three. The letter of discount may be submitted separately or together with the financial proposal as long as it is received by the soliciting entity before bid closing time. If the letter of discount is submitted together with the financial proposal, the bidder must notify the soliciting entity before or at the bid closing time or have a list of financial proposal composition which includes the letter of discount. If the letter of discount is not submitted together with the financial proposal, it must be put in a sealed envelope saying “Letter of discount” and the text “Do not open together with technical proposal”. The bidders shall decide how to seal the envelope). The letter of discount must specify the discounting method and discounted items mentioned in the financial proposal. If discounting method is not specified, it will be understood all items mentioned in the financial proposal receive equal discounts.

3. The bidder must propose expenditures on contract execution using Form No. 11, 12A and 13 provided in Part Three. Analysis of remunerations for consultants is specified in the datasheet.

4. If fixed price method is applied, the bid price must not exceed the contract execution costs specified in the datasheet.

Section 12. Currency

The bid price shall be offered in the currency prescribed by the datasheet. Domestic costs of contract execution must be proposed in VND.

Section 13. Documents proving the bidder’s eligibility, capacity, and experience

The bidder shall prepare and enclose the following documents with the technical proposal:

1. Documents proving the bidder’s eligibility:

a) Independent bidders shall provide documents proving their eligibility as prescribed in the datasheet.

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- Documents mentioned in Point a of this Clause of each joint venture member;

- The joint venture agreement using form No. 3 in Part Two.

2. Documents proving the bidder’s capacity and experience:

a) The bidder’s capacity and experience shall be described using form No. 4 and 7 provided in Part Two. The capacity and experience of a joint venture is the total capacity and experience of its members based on the scope of each member. Each member has to prove that their capacity and experience satisfy requirements of the ITB.

b) Other documents prescribed in the datasheet.

Section 14. Effective period of bid-envelopes

1. Effective period of bid-envelopes is not shorter than the period prescribed in the datasheet. The effective period is from the bid closing time to the last effective day prescribed in the ITB. The period from bid closing time to 24:00 of the bid closing date is considered 01 day. Any bid-envelope that has a shorter effective period than that prescribed in the datasheet shall be disqualified.

2. If necessary, before the expiration of bid-envelopes, the soliciting entity may request bidders to extend it (both the technical proposal and financial proposal). Any bid-envelope that is not extended by the bidder shall be disqualified. The bidders that extends the effective period must not make any change to their bid-envelopes. The request for extension, agreement/disagreement on extension must be made in writing.

Section 15. Format of bid-envelope and signatures on bid-envelope

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2. The bidder is responsible for the accuracy and consistency between the original copy and photocopies. During the assessment process, if the soliciting entity finds technical defects of the photocopies such as blur, unclear text, missing pages, or other defects, the contents of the original copy shall prevail. In case of any discrepancy between the original copy and the photocopy which does not change the bidder’s ranking, the original copy shall prevail. In case of any discrepancy between the original copy and the photocopy which leads to a change to the bidder’s ranking, the bid-envelope will be disqualified.

3. Bid-envelopes must be typed, printed with indelible ink, and have page numbers. The bid form, letter of discount, additional documents, clarifying documents, and other forms must bear the signature of the bidder’s legal representative as instructed in Part Two and Part Three.

4. If the bidder is a joint venture, the bid-envelope must bear the signatures of legal representatives or all joint venture members or the member that represents the joint venture according to the joint venture agreement. In order to ensure that all joint venture members are legally bound, the joint venture agreement must bear the signatures of legal representatives or all joint venture members.

5. Text that is added, inserted, deleted, or overwritten is only valid if there is a signature of the person that signs the bid form next to it or on that same page.

C. SUBMISSION OF BID-ENVELOPES

Section 16. Sealing and noting on the envelope

1. The contents of a bid-envelope are specified in Section 9 of this Chapter. The original copy and photocopies of the technical proposal must be put into a sealed envelope saying “Technical proposal” on the outside. The original copy and photocopies of the financial proposal must be put into a sealed envelope saying “Financial proposal” and “Do not open at the same time as technical proposal” on the outside. The envelopes of the technical proposal and technical proposal must be put in a sealed envelope (the bidder shall decide how to seal the envelopes). The method of presenting information on the envelope is specified in the datasheet.

2. If the technical proposal and financial proposal consists of multiple documents, the bidder must pack all of them in a way that ensures convenient receipt and preservation of the documents, ensures their integrity, and avoids misplacement. If they must be put into multiple packs for convenient transport, the packs must be numbered and noted ("of technical proposal” or “of technical proposal”. Each of the pack must be sealed as prescribed in this Section.

3. The bidder is responsible for any consequence or disadvantage if failing to adhere to regulations of ITB such as failing to seal or losing the seal of the bid-envelopes while they are being sent to the soliciting entity, failing to write correct information on the envelop as instructed in Clause 1 and Clause 2 of this Section. The soliciting entity is not responsible for the confidentiality of information of bid-envelopes if the bidder fails to follow the instructions in Clause 1 and Clause 2 of this Section.

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1. Bidders shall submit bid-envelopes directly or by post to the soliciting entity’s address ensuring the soliciting entity receive them before the bid closing time prescribed in the datasheet. The soliciting entity shall receive bid-envelopes submitted before the bid opening time, including those who have not bought or received the ITB from the soliciting entity. Any bidder that has not bough the ITB must pay soliciting entity an amount equal to the selling price for a set of ITB before their bid-envelopes are received.

2. The soliciting entity may extend the bid closing time if it is necessary to increase the quantity of bid-envelopes or the ITB are revised as prescribed in Section 6 of this Chapter or at the request of bidders.

3. When extending the bid closing time, the soliciting entity shall send written notifications the bidders that have received the ITB from the soliciting entity and have submitted their bid-envelopes, post it on the national bidding network and Vietnam Public Procurement Review Journal (including the English version in case of international bidding). The soliciting entity must specify the new deadline in order for bidders to revise their bid-envelopes (including their effective period) to new requirements. Any bidder who has submitted the bid-envelope may have it returned for revision. Any bid-envelope that is not returned shall be treated as “confidential documents” by the soliciting entity.

Section 18. Late submission of bid-envelopes

Any bid-envelope that is sent to the soliciting entity after the bid closing time shall be disqualified and returned the bidder as is. Every document that is sent by the bidder after the bid closing time is considered invalid, except for documents sent by the bidder to clarify the bid-envelope at the request of the soliciting entity or documents proving the bidder’s eligibility, capacity, and experience prescribed in Section 21 of this Chapter.

Section 19. Revision, replacement, or withdrawal of bid-envelopes

1. After submitting the bid-envelope, the bidder may withdraw, replace, or revise it by sending a written notification which specifies the new contents or revisions and bears the signature of the bidder’s legitimate representative. In case of authorization, a valid letter of authorization using Form No. 2 provided in Part Two must be enclosed. Every notification must be prepared and submitted to the soliciting entity in accordance with regulations in Section 16 of this Chapter. The envelope of the notification must have the text “Withdrawal of bid-envelope” or “Replacement of bid-envelope” or “Revisions to bid-envelope”. The soliciting entity must receive the notification before the bid closing time prescribed in Section 17 of this Chapter.

2. The bid-envelope that the bidder wishes to withdraw shall be returned to the bidder as is. The bidder must not withdraw, replace, or revise the bid-envelope after the bid closing time until the expiration date of the bid-envelope written on the bid form (or the expiration date of the renewed bid-envelope).

D. OPENING AND EVALUATING BID-ENVELOPES

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1. Technical proposals shall be publicly opened at the time and location prescribed in the datasheet. Only open the technical proposals received by the soliciting entity before the bid closing time at the presence of bidders’ representatives, regardless of the presence of the bidders themselves. The soliciting entity may invite representatives of relevant agencies to attend the opening ceremony.

2. Technical proposals shall be opened by alphabetical order of bidders’ names as follows:

a) Check the seal;

b) Open the envelope and read:

- The seal condition;

- The bidder’s name;

- Quantity of original copies and photocopies of the technical proposal;

- The bid form enclosed with the technical proposal;

- Effective period of the technical proposal;

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- Relevant information.

3. The information mentioned in Clause 2 of this Section shall be written on the bid opening record. The bid opening record must bear the signatures of representatives of the soliciting entity and bidders who attend the bid opening ceremony. This record shall be sent to all bidders.

4. The representative of the soliciting entity shall sign the original copy of the bid form, the letter of authorization (if any), joint venture agreement (if any), and important documents of each technical proposal.

5. All financial proposals shall be sealed by the soliciting entity in a separate envelope which bears the signature of representatives of the soliciting entity and bidders who attend the opening ceremony.

Section 21. Clarifying bid-envelopes

1. After bid-envelopes are opened, bidders are responsible for clarifying them at the request of the soliciting entity. Every request for clarification and response of bidders must be made in writing. The clarification shall only be carried out between the soliciting entity and the bidder whose bid-envelope needs clarifying. The clarification must not change the nature of the bidder, basic contents of the bid-envelopes submitted, or the bid price. Clarifying documents shall be kept by the soliciting entity as an integral part of bid-envelopes.

2. The written request for clarification must specify the deadline for the bidder to provide clarification. If the soliciting entity does not receive any clarifying documents by the deadline or the clarification documents are not satisfactory, the soliciting entity shall evaluate the bid-envelopes according to information on the bid-envelopes before the bid closing time.

3. Clarification of technical proposals during their evaluation is specified in Section 22 and Section 23 of this Chapter. If the technical proposal does not include documents proving the bidder’s eligibility, capacity, and experience, the soliciting entity shall request the bidder to provide them.

If the technical proposal does not include documents proving the bidder’s eligibility, capacity, and experience after the bid closing time, the bidder may send additional documents to the soliciting entity by the deadline prescribed in the datasheet. The soliciting entity shall receive clarifying documents from the bidder. Such additional documents are considered an integral part of the technical proposal. The soliciting entity must send a written notification of the receipt of additional documents to the bidder, whether directly, by post, fax, or email, etc.

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Section 22. Inspection and evaluation of validity of technical proposals

1. Inspecting the validity of the technical proposal:

a) Inspect the quantity of original copies and photocopies of the technical proposal as prescribed in Clause 1 Section 15 of this Chapter.

b) Inspect the composition of the technical proposal, including:

- The bid form enclosed with the technical proposal prescribed in Clause 1 and Clause 2 Section 10 of this Chapter;

- The joint venture agreement (if any) prescribed in Clause 1 Section 10 of this Chapter;

- The letter of authorization to sign the bid form (if any) prescribed in Clause 1 Section 10 of this Chapter;

- Documents proving the bidder’s eligibility, capacity, and experience prescribed in Section 13 of this Chapter.

- The technical proposal form;

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- Appendices and enclosures to the technical proposal prescribed in the datasheet.

c) Inspect the consistency between the original copy and photocopies to serve the thorough evaluation of the technical proposal.

2. Evaluating the validity of the technical proposal:

A technical proposal is considered valid when all of the conditions prescribed in Clause 1 Section 1 of Chapter III are satisfied.

3. The bidder whose technical proposal is valid shall undergo thorough technical evaluation prescribed in Section 23 of this Chapter.

Section 23. Thorough evaluation of technical proposal

1. Thorough evaluation of the technical proposal shall comply with the evaluation criteria prescribed in Chapter III.

2. If the lowest price method, fixed price method, or combined method is applied, the list of technically qualified bidders must be approved in writing. The soliciting entity shall send the list to every bidder, invites the technically qualified bidders to attend the envelope opening ceremony for evaluation as prescribed in Section 24 and Section 25 of this Chapter.

3. If the technology-based method is applied, the report on verification of the list of technically qualified bidders and bidders having highest technical scores must be approved in writing. The soliciting entity shall send the list of bidders having highest technical scores to every bidder, invites the bidders on the list to attend the envelope opening ceremony for contract negotiation as prescribed in Section 29 of this Chapter. Financial proposals shall be opened in accordance with the procedures prescribed in Clause 3 Section 24 of this Chapter.

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Section 24. Opening financial proposals

1. Financial proposals shall be publicly opened at the time and location written on the notification sent to bidders, at the presence of representatives of bidders whose financial proposals are opened and representatives of relevant agencies (if necessary). Financial proposals shall be opened regardless of the presence of invited bidders.

2. At the opening ceremony, the soliciting entity shall announce the written approval for the list of technically qualified bidders, then open each of their financial proposals in alphabetical order of bidders’ name.

3. Financial proposals shall be opened in the following order:

a) Check the seal;

b) Open the financial proposal;

c) Read and write the following information on the opening record:

- The seal condition;

- The bidder’s name;

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- The bid form in the technical proposal;

- Effective period of the financial proposal;

- Bid price written on the bid form and price on the cost summary sheet (Form No. 11 in Part Three);

- Discount (if any).

- Technical scores of bid-envelopes that are technically qualified;

- Relevant information.

4. The opening record must bear the signatures of representatives of the soliciting entity and bidders who attend the opening ceremony. Photocopies of the opening record shall be sent to all technically qualified bidders.

5. The representative of the soliciting entity shall sign every page of the original copy of the financial proposal.

Section 25. Evaluation of financial proposal

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a) Check the quantity of original copies and photocopies of the financial proposal;

b) Check the composition of the financial proposal, including: the bid form enclosed with the financial proposal, cost summary sheet, consultant’s remuneration table; consultant’s remuneration analysis sheet (if any); and other contents of the financial proposal;

c) Inspect the consistency between the original copy and photocopies to serve the thorough evaluation of the financial proposal.

2. Evaluating the validity of the technical proposal:

A financial proposal is considered valid when all of the conditions prescribed in Clause 2 Section 1 of Chapter III are satisfied.

3. Thorough evaluation of financial proposal:

a) The financial proposal shall undergo thorough evaluation in the same tax situation mentioned in the datasheet and evaluation criteria in Chapter III. During the evaluation of the financial proposal, the soliciting entity shall make correction of errors and adjustment of deviations in accordance with Section 26 and Section 27 of this Chapter.

b) After thorough evaluation of the financial proposal, the bidder ranked first as prescribed by the datasheet shall be invited to contract negotiation as prescribed in Section 29 of this Chapter.

Section 26. Correction of errors

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a) Numeric errors because of incorrect calculations. In case of inconsistency between the unit price and amount, the unit price shall be the basis for error correction. If decimal errors in the unit price are found, the amount shall be the basis for error correction.

b) Other errors

- If there is an amount without a unit price, the unit price will be calculated by dividing the amount by the quantity. If there is a unit price without an amount, the amount will be calculated by multiplying the unit price by the quantity. If there is a unit price and amount without quantity, the quantity will be calculated by dividing the amount by the unit price. If the additional values are different from those in the ITB, the deviation shall be adjusted in accordance with Section 27 of this Chapter;

- Incorrect units shall be corrected according to the ITB;

- In case of any discrepancy between the technical proposal and financial proposal, the technical proposal shall apply.

- In case of any discrepancy between the number and text, the text shall apply. If the text is incorrect, the number after error correction prescribed in this Section shall apply;

- In case of inconsistency between the cost summary sheet and the consultant remuneration sheet or consultant expense sheet, the consultant expense sheet that is corrected to the consultant expense analysis sheet (if any) shall be the basis for error correction.

- In case of any discrepancy between a price in the bid form (exclusive of discount) and that in the cost summary sheet, the price in the expense sheet shall apply after the sheet is corrected in accordance with this Section.

2. After error correction prescribed in Clause 1 of this Section, the soliciting entity shall send a written notification of the error correction to the bidder. Within 03 working days from the receipt of the notification, the bidder must inform the soliciting entity of the agreement on error correction. Any bidder who rejects the error correction shall have the bid-envelope disqualified.

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1. Adjustment of deviation shall be carried out in a way that ensures fairness, transparency, and economic efficiency.

2. After adjustment of deviation, the soliciting entity shall send a written notification of such adjustment to the bidder. Within 03 working days from the receipt of the notification, the bidder must inform the soliciting entity of the agreement on error correction. Any bidder who rejects the adjustment of deviation must provide explanation for the soliciting entity.

Section 28. Information security and contact with soliciting entity

1. Information about evaluation of bid-envelopes and nomination of successful bidders must be kept confidential and must not be revealed to any bidder or person who does not involve in the contractor selection process until the contractor selection result is published. Information about a bidder’s bid-envelope must not be revealed to other bidders in all cases, unless it is published at bid opening.

2. Except for the opening of technical proposals prescribed in Section 20, opening of financial proposals prescribed in Section 24, clarification of bid-envelopes prescribed in Section 21, and contract negotiation prescribed in Section 29 of this Circular, bidders must not contact the soliciting entity to obtain information about their bid-envelopes and the procurement throughout the period from bid closing time to announcement of contractor selection result.

Section 29. Contract negotiation

1. Contract negotiation is based on:

a) Bid-envelope evaluation report;

b) Other documents and clarifying documents (if any) submitted by bidders;

...

...

...

2. The contract negotiation time is specified in the data sheet.

3. Contract negotiation rules:

a) The bidder’s proposals that are conformable with ITB shall not be negotiated;

b) During the negotiation process, the bidder must not change the employees proposed in the bid-envelope, unless the evaluation period is extended or another force majeure event in which the key employees proposed by the bidder cannot participate in contract execution. In this case, the bidder may change the employees and ensure that the education, capacity, experience of the replacements are equivalent to or higher than the proposed employees. Bid price must not be changed.

4. Contract negotiation contents:

a) Specific duties and tasks of the bidder;

b) Technology transfer and training (if any);

c) Work plan and employees;

d) Schedule;

...

...

...

e) Working conditions;

g) Negotiation over consulting service charges that suit the requirements of the procurement and practical conditions, including determination of taxes payable by the contractor prescribed by regulations of law on taxation of Vietnam (if any), tax payment method (tax is paid directly by the contractor or deducted from by the investor from the amount payable to the contractor), tax amount and other issues related to tax liability must be specified in the contract;

h) Negotiation about contents that is unspecific, unclear, unconformable, or inconsistent between the ITB and bid-envelope that lead to disputes or affect responsibilities of parties during the contract execution process;

i) Negotiation on the issues that arise during the contractor selection process (if any) in order to complete specific contents of the procurement;

k) Negotiation on other issues.

5. During the contract negotiations, both parties shall make a draft contract, terms and conditions, and contract appendices.

6. If the bidder does not comply with the deadline prescribed in Clause 2 of this Section or the negotiation is not successful, the soliciting entity shall request the investor to invite the bidder ranked next to contract negotiation. If the negotiation with the next bidder is not successful, the soliciting entity shall request the investor to consider canceling the bidding as prescribed  in Clause 1 Article 17 of the Law on Bidding.

E. CONTRACT AWARDING

Section 30. Conditions for successful bidder

...

...

...

1. The bidder has a valid bid-envelope;

2. The bidder has a satisfactory technical proposal;

3. The bid price after error correction and deviation adjustment (if any) is lowest if lowest price method is applied; or the technical score is highest if fixed price method or technology-based method is applied; or the total score is highest if mixed method is applied;

4. The successful bid does not exceed the bid price which is the bases for identifying successful bidder according to the datasheet.

Section 31. Rights of the soliciting entity to accept, reject bid-envelopes, or cancel the biding

The soliciting entity is entitled to accept, reject bid-envelopes, or cancel the bidding in accordance with the Law on Bidding and its guiding documents.

Section 32. Publishing of contractor selection result

1. After a decision to approve the contractor selection result is issued, the soliciting entity shall post the result on national bidding network or Vietnam Public Procurement Review Journal, concurrently send a notification of the result to every bidder (including the successful bidder and unsuccessful bidders). Contents of the notification of contractor selection result:

a) Name of the successful bidder;

...

...

...

c) Type of contract;

d) Contract duration;

dd) Notes (if any);

e) List of unsuccessful bidders and brief explanation for each of them;

g) Plan for completion and conclusion of contract with the selected bidder.

2. The soliciting entity shall send a written notification to the successful bidder together with the draft contract prescribed in Chapter VI, which contains specific information about the procurement and plan for contract completion, specifies the time, location, and issues to be discussed when completing the contract.

Section 33. Completion and conclusion of contract

Section 33. Completion and conclusion of contract

1. The completion and conclusion of contract is based on:

...

...

...

b) Contents to be completed between the soliciting entity and the successful bidder;

c) The approved contractor selection result;

d) The contract negotiation record;

dd) Contents of the bid-envelopes and clarifying documents for the bid-envelopes provided by the successful bidder (if any);

e) Requirements mentioned in the ITB.

2. After receiving the notification of successful bidder, the successful bidder must send a written acceptance to complete and conclude the contract to the soliciting entity by the deadline prescribed in the datasheet. In case of a joint venture, the concluded contract must bear the signatures of every joint venture member. If the soliciting entity does not receive a written acceptance by the aforesaid deadline or the bidder refuses to complete and conclude the contract, the soliciting entity shall request the investor to consider cancelling the contractor selection result and invite the bidder ranked next to contract negotiation as prescribed in Section 29 of this Chapter. In this case the soliciting entity will request the bidder to renew the bid-envelope if necessary.

3. If the bidder refuses to complete, conclude the contract without satisfactory explanation, the soliciting entity shall post information about that bidder on national bidding network as the basis for judging that bidder’s reputation for the next biddings.

4. After the contract is completed, the investor and the contractor will conclude it.

Section 34. Complaints in bidding

...

...

...

2. Complaints against issues other than contractor selection result shall be settled as follows:

a) The bidder must send the complaint to the investor before the contractor selection result is published;

b) The complaint must be sent to the investor according to the name and address mentioned in the datasheet. The investor shall send a response to the bidder within 07 working days from the day on which the complaint is received;

c) If the investor does not make a response or the bidder does not concur with the response, the bidder may send a complaint to the competent person according to the name and address mentioned in the datasheet within 05 working days from the deadline for responding or from the receipt of the investor’s response;

d) The competent persons shall send a response to the bidder within 05 working days from the day on which the complaint is received.

3. Complaints against contractor selection result shall be settled as follows:

a) The bidder must send the complaint to the investor within 10 days from the day on which the contractor selection result is published;

b) The investor shall send a response to the bidder within 07 working days from the day on which the complaint is received;

c) If the investor does not make a response or the bidder does not concur with the response, the bidder may send a complaint to the competent person and the Complaint Settlement Council within 05 working days from the deadline for responding or from the receipt of the investor’s response.

...

...

...

d) When receiving the complaint, the Complaint Settlement Council shall request the bidder, investor, soliciting entity, and relevant agencies to provide necessary information, then send a report to the competent person on the response contents within 20 days from the day on which the complaint is received;

dd) The competent person shall issue a decision on complaint settlement within 05 working days from the receipt of the report sent by the Complaint Settlement Council.

4. The bidder is entitled to bring the case to court at any time, even during the complaint settlement process or after the complaint settlement result is given. If the case has been brought to court, the bidder shall not send the complaint to the investor or competent person anymore. If the bidder brings the case to court during the complaint settlement process prescribed in Clauses 1, 2, and 3 of this Section, the complaint settlement process shall be immediately terminated.

Section 35. Actions against violations committed during bidding

1. Any entity that violates regulations of law on biding and relevant regulations of law shall, depending on the nature and severity of the violations, face disciplinary actions, administrative penalties, or criminal prosecution. Compensation shall be paid for any violations against regulations of law on bidding that infringe state interest, the lawful rights and interests of other entities.

2. Apart from the actions mentioned in Clause 1 of this Section, depending on the nature and severity of the violation, the violator may be banned from bidding and added to the list of unconformable bidders on national bidding network.

3. Any bidder that commits a violation that lead to a ban from bidding may be banned from bidding for the projects/procurements under the management of the competent person, a Ministry, regulatory body, and local government, or nationwide as prescribed in Clause 3 Article 90 of the Law on Bidding.

4. Transparency of actions against violations:

a) The decision on actions against violations shall be sent to the violator, relevant organizations, and the Ministry of Planning and Investment;

...

...

...

Section 26. Participation in monitoring the contractor selection process

Competent persons shall appoint the individuals or units mentioned in the datasheet to monitor the contractor selection process. Any bidder that finds misconduct during the contractor selection process that is against regulations of law on bidding must notify the aforementioned person or unit.

Chapter II

DATASHEET

The datasheet consists of specific contents of the procurement according to Chapter I (Bidding procedures). If there is any discrepancy between Chapter I and this Chapter, this Chapter shall prevail.

Section

Clause

Contents

1

...

...

...

- Procurement: ____________ [insert name of the procurement according to the approved contractor selection plan]

- Name of project or procurement plan: ___________ [insert approved name].

- Name of soliciting entity: ____________ [insert name of soliciting entity]

- Primary tasks: ______ [insert the requirements]

2

Contract time: ____________ [insert time according to the approved contractor selection plan].

3

Capital sources: ________________

 [specify capital sources or method for capital raising, capital provision time; the sponsor’s name and capital structure, including assistance capital and reciprocal capital, in case of ODA or concessional loan].

...

...

...

4

Bidder must be registered on national bidding network: _____ [write “not applicable” if the Ministry of Planning and Investment had not issued a guiding document at that time. Write [applicable] if the Ministry of Planning and Investment has issued a guiding document].

8

In case of international bidding, the foreign contractor must cooperate with a domestic contractor or subcontractor, unless there is not domestic contractor capable of any task of the procurement. In case subcontractors are hired, the bidder may include in the bid-envelopes the tasks to be performed by Vietnamese sub-contractors without specifying their names; the bidder must submit a commitment to hire Vietnamese subcontractors to do such tasks if awarded the contract.

3

2

The bidder must be legally and financial independent from: ___________

 [in accordance with regulations on assurance of competitiveness in Clause 6 of the Law on Bidding and Article 2 of Decree 63/CP] Example: With regard to procurement of consulting and supervision services of a construction contract, the bidder must be independent from the construction contractor, the bidder that makes, appraises the ITB for the consultancy and supervision contract (if any), the bidder that evaluates bid-envelopes for the consultancy and supervision contact (if any), the bidder that verifies the result of selection of consultancy and supervision contractor (if any)].

5

...

...

...

Method for assessing bid-envelopes: _________

 [Write one of the following methods according to Article 40 of the Law on Bidding: Lowest price method, fixed price method, technology-based method, combined method. Write “lowest price method” if the consulting service procurement is simple and has a small value; write “fixed price method” if the procurement is simple, the cost in ITB is specific and fixed; write “combined method” if the procurement values both prices and quality; write “technology-based method” if the procurement demands high technologies].

2

- Address of soliciting entity: ____________ [insert address of soliciting entity]

- Time limit for sending request: ____________ [“03 working days before bid closing date” for domestic bidding; “05 working days before bid closing date” for international bidding”].

6

3

Revisions to ITB shall be sent to all bidders who receive ITB from the soliciting entity or have submitted bid-envelopes at least __________ days before bid closing date.

 [insert specific period which ensures that bidders have enough time to complete their bid-envelopes and is not shorter than 10 days for domestic bidding or 15 days for international bidding].

...

...

...

2

a) Entities eligible for incentives: ____________

 [For domestic bidding, write “bidder has ≥ 25% of employees that are female, disable people, or war invalids and employment duration is not shorter than the contract execution period; the bidder is a small enterprise as defined by regulations of law on enterprises”.

For international bidding, write “in the joint venture with the foreign contractor, the domestic contractor undertakes ≥ 25% of the contract workload”]

b) Incentive calculation method: __________

 [For domestic bidding, write “Bidders eligible for incentives are ranked higher than those who are not if their bid-envelopes are considered equal”;

For international bidding:

- If lowest price method is applied, write “the bidder not eligible for incentives have to add 7.5% of the bid price after error correction and adjustment of deviation, minus (-) the discount from the bid price after error correction and adjustment of deviation, and minus (-) the reduction (if any) of such bidder for the purpose of comparison and ranking”;

- If fixed price method or technology-based method is applied, write “bidders eligible for incentives may add 7.5% of technical points”;

...

...

...

8

Language: _____________

[Write “Vietnamese” in case of domestic bidding; “English” in case of international bidding; If the ITB are written in both English and Vietnamese, write “English and Vietnamese” and “In case of discrepancies between the English version and Vietnamese version, the English version shall apply”. Other documents must be written in certain common languages. If another language is used by the bidder, a translation into the same language as that of ITB must be provided].

9

1

Other documents (if any): _____________ [e.g. documents proving that bidders are eligible for incentives prescribed n Section 7 of Chapter I.]

10

1

...

...

...

 [specify the legal documents to be submitted by the bidder to prove the eligibility of the authorized person such as a certified true copy of the company’s charter, a Decision on establishment of a branch, etc.].

11

1

Bid price: ________________________________

 [1. For all-inclusive contract:

 “The bid price must include all costs of risk elements and inflation that could occur during the execution of the contract. If the consulting service procurement is simple and has a short duration without facing risks or inflation, the costs of risk elements and inflation is 0 (zero)”.

2. For fixed term contracts, write: “The bid price does not include costs of risk elements and inflation that could occur during the execution of the contract”].

3

Analysis of remunerations for consultants

...

...

...

Write “bidder must analyze remuneration for bidders using Form No. 12B in Part Three” if analysis of remunerations for consultants is required.

4

Contract execution costs: ________________

 [write the costs according to the approved contractor selection plan is the fixed price method is applied.] Do not write the bid price if the fixed price method is not applied].

12

Currency: ________________________________

Currency: ________________________________ [depending on requirements the procurement, bidders may be permitted to use one or some currencies under certain conditions as prescribed in Article 10 of the Law on Bidding.

1. Write “Vietnam dong” for domestic bidding.

...

...

...

Add the following information if two or three currencies may be used:

Official currency: _________ (written one of the currencies prescribed)

Time for determination of exchange rate: _______________

Bases for determination of exchange rate: ______________ (usually selling rate of a commercial bank operating in Vietnam)

Intermediary currency: _________ (a currency into which other currencies are converted if there are not direct exchange rates between them and the official currency. In this case, a formula for determination of exchange rate via intermediate currency must be provided (selling rate, buying rate, etc.)].

13

1

 Documents proving the bidder’s eligibility: _______________

 [such as certified true copy of Certificate of Business registration, etc.].

...

...

...

b) Other documents proving the bidder’s capacity and experience: ________

 [Documents proving that the bidder is not facing bankruptcy or incurring bad debts, not undergoing dissolution process; the financial statement and certified true copies of one of the following documents:

- A tax inspection record of the last fiscal year;

- An annual tax declaration certified by a tax authority or an electronic annual tax declaration and documents proving fulfillment of tax liability.

- Written confirmation of fulfillment of tax liability for the whole year issued by the tax authority;

- An audit report].

14

1

Effective period of bid-envelope (including technical proposal and financial proposal: _________ days from bid closing date.

...

...

...

15

1

Number of bid-envelopes submitted:

- 01 original copy and

- _____ photocopies [not more than 5 copies[

16

1

Presentation of information on the envelope:

 [Example: The bidder must write the following information on the envelope:

...

...

...

- Bid-envelope submission address: ________ [Name, address of the soliciting entity]

- Procurement: ____________ [name of the procurement]

- The envelope must not be opened by _________ [write the bid opening date].

In case of revisions to the bid-envelopes (technical proposal, technical proposal), the text “REVISED” must be added apart from the said information].

17

1

Bid closing time: _____________:

 [The bid closing time depends on the scale, characteristics of the procurement; the minimum period from the issuance date of ITB to the bid closing date is 20 days (for domestic bidding) or 40 days (for international bidding). This bid closing time must be enough for bidders to pay for ITB (in case bidders do not buy ITB from the soliciting entity). For instance: if the working day begins at 8:00, the bid closing time must be at least 01 hour afterwards (9:00, 10:00)]

20

...

...

...

Technical proposals shall be publicly open at ___________________

 [insert date, time, and location; technical proposals must be opened within 01 hour from the bid closing time].

21

3

Time limit for bidders to send clarifying documents to soliciting entity is _______ days from the bid closing date.

 [this time limit depends on the progress of the project/contract and time for evaluating bid-envelopes in order to select a contractor that is capable, experienced, and have feasible solutions for contract execution].

22

1

b) Documents enclosed with technical proposal: _______

...

...

...

25

3

Tax policy: _________ [Taxed or not taxed. If taxed, specify the taxes to ensure fairness among bidders].

Bidder ranked first: _____________________

 [- write "the bidder whose bid price is lowest after error correction, adjustment of devaluation, and subtraction of discount (if any)” if lowest price method is applied.

- Write the bidder whose total score is highest and ranked first if combined method is applied.

- [write "the bidder whose technical score is highest  and bid price does not exceed the contract value after error correction, adjustment of devaluation, and subtraction of discount (if any)” if fixed price method is applied.

29

2

...

...

...

 [time limit must not shorter than 03 days or longer than 07 days].

30

4

Contract value as the basis for identifying successful bidder: _________________

 [- If the contract is all-inclusive, the contract value shall “include all costs of risk elements and inflation that could occur during the contract execution; If the consultancy contract is simple and has a short duration without facing risks or inflation, the costs of risk elements and inflation is 0 (zero)”.

- For fixed term contracts, the contract value “does not include costs of risk elements and inflation that could occur during the execution of the contract”].

33

2

The bidder must send a written agreement to complete the contract within ____ days [not exceeding 20 days] from day on which the notice of successful bidder is received.

...

...

...

2

Complaint address:

b) Address: _______ [For projects, only write the mailing address, fax, phone number of the investor; for regular procurement, write the mailing address, fax, phone number of the soliciting entity].

c) Address of competent person: _________________ [write mailing address, fax, phone number].

3

c) Standing unit of Advisory Council: _________________ [write mailing address, fax, phone number].

36

Address of monitoring entity: _____ [full name, address, phone number, fax number of the individual/unit assigned by the competent person to monitor the contractor selection process (if any)].

...

...

...

VALIDITY OF BID-ENVELOPES AND CRITERA FOR EVALUATION OF BID-ENVELOPES

Section 1. Validity of bid-envelopes

1. A bid-envelope is considered valid when all of the following conditions are satisfied:

a) There is an original copy of the technical proposal;

b) The bid form enclosed with the technical proposal bears the signature and seal (if any) of the bidder’s legal representative as prescribed in Section 10 of Chapter I. The bidder must specify the time for executing the contract that suits the technical proposal. If the bidder is a joint venture, the bid form must bear the signature and seal (if any) of legal representatives of every joint venture member or the head member of the joint venture according to the joint venture agreement;

c) The effect of the technical proposal is conformable with Section 14 of Chapter I;

d) The bidder’s name does not appear in two or more technical proposal as the main contractor (independent contractor or joint venture member);

dd) There is a joint venture agreement bearing the seal and signature of legal representatives of every joint venture member (if any);

e) The bidder is eligible as prescribed in Section 2 of Chapter I;

...

...

...

The bidder whose technical proposal is valid shall undergo thorough technical evaluation. The bidders whose technical proposals are invalid will be disqualified.

2. A financial proposal is considered valid when all of the following conditions are satisfied:

a) There is an original copy of the financial proposal;

b) The bid form enclosed with the financial proposal bears the signature and seal (if any) of the bidder’s legal representative as prescribed in Section 10 of chap 1; the bid price is written in both numbers and words, and suitable for the total bid on the quotation; various bids or conditions that are disadvantageous to the investor or the soliciting entity are not made. If the bidder is a joint venture, the bid form must bear the signature and seal (if any) of legal representatives of every joint venture member or the head member of the joint venture according to the joint venture agreement;

c) The effect of the financial proposal is conformable with Section 14 of Chapter I.

The bidder whose financial proposal is valid shall undergo thorough financial evaluation. The bidders whose financial proposals are invalid will be disqualified.

Section 2. Criteria for evaluation of bid-envelopes

When establishing evaluation criteria, the straight text is compulsory and the italic text is instructional. Necessary revisions may be made to suit the characteristics of the procurement on a case-by-case basis. However, it is prohibited to establish any criterion that restricts the participation of bidders or bring advantage to one or some bidders and thus causes unfair competition.

Evaluation criteria must be specified in the ITB. During the evaluation of bid-envelopes, the evaluation criteria mentioned in ITB must be complied with without any change.

...

...

...

a) Technical evaluation of each bid-envelope shall be done by grading (on a scale of 100 or 1,000), including:

No.

Criterion

Maximum score

Scale (if any)

Minimum score

1

Bidder’s capacity and experience

 (10% - 20%)

...

...

...

a. Similar contracts executed in the last ... years (in terms of characteristics, scale, value, etc.)

b. Geographically similar contracts executed

...

...

...

c. Bidder’s reputation through execution of similar contracts previously

d. Other elements

2

...

...

...

 (30% - 40%)

a. Understanding of the procurement purposes

b. Approaches and methodology

...

...

...

c. Ideas for improvement

d. Presentation

...

...

...

dd. Execution plan

e. Employee arrangement

g. Other elements

...

...

...

3

Employees

 (50% - 60%)

a. Chief consultant, president

...

...

...

b. Experts in various fields

Total (100%)

...

...

...

Key employees mentioned in (3) of the table must have long-term or indefinite employment contracts with the bidder. If key employees that are not under the management of the bidder are employed, specific explanation must be provided.

b) The establishment of criteria for technical evaluation must satisfy the following requirements:

- If lowest price method, fixed price method, or combined method is applied:

+ The minimum scores for bidder’s capacity and experience, solution and methodology, and employees must not fall below 60% of the maximum scores for such criteria. Any bid-envelope that fails to reach the minimum score for any of the aforesaid criteria shall be considered technically unsatisfactory.

+ The minimum technical score must not fall below 70% of the maximum technical score. Any bid-envelope that reaches the minimum technical score is considered technically satisfactory.

- If technology-based method is applied:

+ The minimum scores for bidder’s capacity and experience, solution and methodology, and employees must not fall below 70% of the maximum scores for such criteria. Any bid-envelope that fails to reach the minimum score for any of the aforesaid criteria shall be considered technically unsatisfactory.

+ The minimum technical score must not fall below 80% of the maximum technical score. Any bid-envelope that reaches the minimum technical score is considered technically satisfactory.

2. Financial evaluation

...

...

...

- Determine the lowest price:

- Determine the bid;

- Correct errors;

- Adjust deviations;

- Subtract discount (if any);

- Convert the bid currency into a common currency (if any);

- Determination value of incentives (if any);

- Compare bid-envelopes to determine the lowest price.

b) With regard to fixed price method

...

...

...

- Correct errors;

- Adjust deviations;

- Subtract discount (if any);

- Convert the bid currency into a common currency (if any);

- Determine the successful bid which does not exceed the fixed contract execution cost mentioned in the ITB.

c) With regard to combined method

- Determination of pricing score:

- Use the scale of 100 or 1,000 (the same as the technical scoring scale). Pricing score is determined as follows:

Pricing score_{in consideration} =

...

...

...

G_{in consideration}

Where:

+ Pricing score_{in consideration}: Pricing score of the financial proposal in consideration;

+ G_lowest: Bid after correction of errors, adjustment of deviation, subtraction of discount (if any) that is lowest among bidders who undergo financial evaluation;

+ G_{in consideration}: Bid after correction of errors, adjustment of deviation, subtraction of discount (if any) of the financial proposal in consideration.

- General evaluation criteria:

General score is calculated as follows:

General score_{in consideration} = K x Technical score_{in consideration} + G x Pricing score_{in consideration}

Where:

...

...

...

+ Pricing score_{in consideration}: Score determined during pricing evaluation;

+ K: Ratio of technical score to total score, which accounts for 70% - 80%;

+ G: Ratio of pricing score to total score, which accounts for 20% - 30%;

+ K + G = 100%;

- Determine preferential general score (if any).

Part two

Technical proposal form

The technical proposal prepared by a bidder must contain:

No.

...

...

...

Form

Notes

1

Bid form

Form No. 1

2

Letter of authorization

Form No. 2

...

...

...

3

Joint venture agreement

Form No. 3

Only applicable if joint ventures participate as bidders

4

Organizational structure and experience of bidder

Form No. 4

5

...

...

...

Form No. 5

Applicable if suggestions are offered by bidders to complete terms of reference

6

Solutions and methodology proposed by the bidder to provide consulting services

Form No. 6

7

List of consultants

Form No. 7

...

...

...

8

Curriculum vitae of consultant

Form No. 8

9

Work schedule

Form No. 9

...

...

...

BID FORM^(1)

 (Technical proposal)

 [Location and date]

To: ____________________ [name of the soliciting entity]

 (hereinafter referred to as “soliciting entity”)

After carefully studying the ITB (including revisions thereof, if any), we, __________ [insert name of bidder] pledge ourselves to provide _____________________ [insert scope of consulting services] in accordance with ITB. Contract execution period: _____________________ [insert time for performing all tasks required in ITB and suitable with technical proposal]. Our bid-envelope consists of technical proposal and financial proposal that are sealed separately.

We hereby declare that:

1. We only participate in this bid-envelope as main contractor.

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

...

...

...

4. Every information provided herein is truthful to be best of our knowledge without corruption, bribery, or collaboration in bidding.

5. Proposed employees will not be changed over the effective period of this bid-envelope which is ____________ [insert number of days]^(3) from __________________ to _______________________ [insert bid closing date]^(4).

Legal representative of bidder ^(5)[Full name, position, signature, and seal] ^(6)

Notes:

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

 (2) The contract execution period mentioned in the bid form (enclosed with the technical proposal) must conform to the technical proposal and work schedule in Form No. 9 of this Part.

 (3) Effective period of the bid-envelope is from the bid closing date to its expiration date as prescribed in ITB. The period from bid closing time to 24:00 of the bid closing date is considered 01 day.

...

...

...

 (5) If the bidder’s legal representative authorizes his/her subordinate to sign the bid form, a letter of authorization (Form No. 2 provided in this Chapter) must be enclosed. If the company’s charter or another document permits such subordinate to sign the bid form, such document shall be enclosed (In this case, the letter of authorization is not required). 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 Point c Clause 4 of the Law on Bidding and shall be dealt with in accordance with Section 35 Chapter I of ITB.

 (6) Any foreign bidder who does not have a seal must provide a certification of signature issued by a competent organization that the signature on the bid form and other documents in the bid-envelope belong to the bidder’s legitimate representative.

Form No. 2

LETTER OF AUTHORIZATION

 [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 procurement] of _____________ [insert name of the project] held by ____________ [insert name of the soliciting entity]:

 [- Sign the bid form;

- Sign the joint venture agreement;

...

...

...

- Participate in contract negotiation;

- Participate in contract conclusion;

- Sign complaint letter (if any);

- Sign contract with the investor if the bidder is successful.]

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] is totally responsible for the tasks performed by ___________ [name of authorized person] within the authorization scope.

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

Authorized person
[insert name, position, signature, and seal (if any)]

Authorizer
[insert name, position, signature, and seal of legal representative of bidder]

...

...

...

Form No. 3

JOINT VENTURE AGREEMENT

 [Location and date]

Procurement: ____________ [name of the procurement]

Project: ____________ (name of the project)

- Pursuant to __________ [the Law on Investment No. 43/2013/QH13 dated November 26, 2013];

- 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 ITB for _______________ [insert name of procurement] dated __________ [insert date written on ITB];

Representatives of signatories to the joint venture agreement include:

...

...

...

Representative: Mr./Ms. __________________________________________________

Position: __________________________________________________________________

Address: ____________________________________________________________________

Phone number: _________________________________________________________________

Fax: __________________________________________________________________

E-mail: ____________________________________________________________________

Account: _________________________________________________________________

TIN: _________________________________________________________________

Letter of authorization No. ___________ dated ___________ (in case of authorization).

...

...

...

Article 1. General rules

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

2. Official name of the joint venture used in every transaction related to the procurement: ______________ [insert the agreed name of the joint venture].

3. Every member is committed not to unilaterally participate or establish a joint venture with another member to participate in this procurement. If awarded the contract, no member is entitled to refuse to fulfill the duties and obligations prescribed in the contract. Any member 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 members unanimously to undertake joint and separate responsibility to execute __________ [insert name of procurement] of _______________ [insert name of project] as follows:

...

...

...

All parties unanimously authorize ________ [insert name of a party] as the head member of the joint venture who represents the joint venture to perform the following tasks:

 [- Sign the bid form;

- Sign documents with the soliciting entity during the bidding process, including the request for clarification of the ITB and bid-envelopes;

- Participate in contract negotiation

- Participate in contract conclusion;

- Sign complaint letter (if any);

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

2. Tasks of joint venture members are specified in the table below:

No.

...

...

...

Tasks

Proportion of total bid

1

Name of head member

- ____

- ____

- ____%

- ____%

2

...

...

...

- ____

- ____

- ____%

- ____%

...

…

…

…

Total

...

...

...

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 procurement] of ___________ [insert name of the project] is cancelled as notified by the soliciting entity.

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

...

...

...

 [Full name, position, signature, and seal]

LEGAL REPRESENTATIVES OF JOINT VENTURE MEMBERS

 [Full name, position, signature, and seal of each member]

Form No. 4

ORGANIZATIONAL STRUCTURE AND EXPERIENCE OF BIDDER

A. Organizational structure of bidder

 [Briefly describe the establishment and organization of the bidder (or each member if the bidder is a joint venture). Describe the quantity of consultants who have long-term or indefinite contracts with the bidder, experience of each consultant]

B. Experience of bidder

...

...

...

The bidder shall use the table below to describe each consulting service similar to the consulting service required in the procurement that was provided by the bidder (as an independent contractor, joint venture member, or subcontractor).

Name of project

Location

Name of investor

Name of procurement

...

...

...

Role

 (independent bidder, joint venture, or subcontractor)

Contract duration mentioned in the contract

 (from _________ to _________ )

Actual duration

 (from _________ to ____________; provide explanation in case of delay)

...

...

...

Brief description of tasks performed under the contract

The bidder must enclose photocopies of relevant documents.

Form No. 5

SUGGENTIONS (IF ANY) TO COMPLETE TERMS OF REFERENCE

 [Specify suggestions offered by the bidder to complete terms of reference serving contract execution]

Suggested revisions to terms of reference:

1.

...

...

...

3.

4.

5.

Form No. 6

SOLUTIONS AND METHODOLOGY PROPOSED BY THE BIDDER TO PROVIDE CONSULTING SERVICES

The technical proposal prepared (including charts) by the bidder consists of 3 parts:

1. Solution and methodology

2. Working plan

...

...

...

Form No. 7

LIST OF PARTICIPATING CONSULTANTS

No.

Name

Nationality

Position in the contract

Working location

Workload (person/month)

Total workload (in months)

...

...

...

Work item 2 (2)

…

 (n)

In office

On site

I. Key employees of bidder

1

 [Example: Mr. Nguyen Van A]

 [Vietnam]

...

...

...

 [In office]

 [2.0 months]

 [1.0 month]

 [On site]

 [0.5 month]

...

...

...

2

...

...

...

…

...

...

...

...

...

...

II. II. Key employees mobilized by bidder

1

 [In office]

 [2.0 months]

 [1.0 month]

...

...

...

 [On site]

 [0.5 month]

 [2.5 months]

2

...

...

...

...

...

...

Total (I + II)

III. Other employees

1

...

...

...

 [In office]

...

...

...

2

...

...

...

…

...

...

...

...

...

...

Total (III)

Total

...

...

...

Form No. 8

CONSULTANT’S RÉSUMÉ

Intended position: ____________________________________________________

Bidder’s name: _____________________________________________________________

Consultant’s name: ________________________________ Nationality: ________________

Profession: _____________________________________________________________

...

...

...

Employer: _____________________________________________________________

________________________________________________________________________

Work experience:

Time

Employer

Reference

Position

From _________ to __________

…

...

...

...

….

Intended tasks in the contract:

Specific description of tasks:

Insert relevant tasks and duties performed previously to prove their capability of intended tasks

 [insert the tasks assigned to the consultant in Form No. 9]

...

Capacity:

...

...

...

_________________________________________________________________________

Education:

 [Specify relevant qualifications, issuers, time, and type of qualifications]

_________________________________________________________________________

Foreign language:

_________________________________________________________________________

Contact: [name, phone number, email address of the contract]

________________________________________________

I hereby declare that the information provided above is truthful to the best of my knowledge and I am legally responsible for such information.

...

...

...

 [Location and date]

[signature, position, full name]

Notes:

- Each individual consultant on the list Form No. 7 must complete this form.

- The bidder shall enclose with this copies of the employment contracts and qualifications of the consultants.

Form No. 9

WORK SCHEDULE

No.

...

...

...

Month^(2)

1

2

3

4

5

…

n

Total

...

...

...

 [Example: Task 1:

...

...

...

1) Collect information

...

...

...

2) Draft report

...

...

...

3) Make preliminary report

...

...

...

4) Collect opinions

...

...

...

5)...

...

...

...

6) Make final report]

...

...

...

...

...

...

 [Example: Task 2: …]

...

...

...

...

...

...

...

...

...

...

...

...

 (1) Enumerate all tasks with specific schedule.

 (2) There must be a chart showing time limit for each task with notes and explanation if necessary.

Part Three

SAMPLE FINANCIAL PROPOSAL

The financial proposal prepared by a bidder must be based on the technical proposal, be conformable with requirements and regulations of ITB, and contain the following information:

No.

Contents

Form

...

...

...

1

Bid form (of the financial proposal)

Form No. 10A

Applicable if the bidder does not have a discount or letter of discount

2

Bid form (of the financial proposal)

Form No. 10B

applicable the bidder offers the discount in the bid form

3

...

...

...

Form No. 11

4

Remunerations for consultants

Form No. 12A

5

Analysis of remunerations for consultants

Form No. 12B

...

...

...

6

Other expenses of consultants

Form No. 13

Analysis of remunerations for consultants

Form No. 10A

BID FORM

 (of financial proposal)

 [Location and date]

...

...

...

After carefully studying the ITB (including revisions thereof, if any), we, __________ [insert name of bidder] pledge ourselves to provide _____________________ [insert scope of consulting services] in accordance with ITB. We enclose this financial proposal with the technical proposal with the total amount of _________ [insert a value in number, in words, and currency] with effective period of ____________ days [insert number of days according to effective period of technical proposal from ______________ [insert bid closing date].

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

Form No. 10B

BID FORM

 (of financial proposal)

 [Location and date]

...

...

...

After carefully studying the ITB (including revisions thereof, if any), we, __________ [insert name of bidder] pledge ourselves to provide _____________________ [insert scope of consulting services] in accordance with ITB. We enclose this financial proposal with the technical proposal with the total amount of _________ [insert a value in number, in words, and currency].

Furthermore, we hereby voluntarily offer a discount of ___________ [insert a value in number, in words, and currency].

Bid after discount: ________________ [insert a value in number, in words, and currency]

This financial proposal is effective for ____________ days [insert number of days according to effective period of technical proposal from ______________ [insert bid closing date].

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

Form No. 11

...

...

...

Item

Cost

 (VND)

 (foreign currency)

Remunerations for Vietnamese/foreign consultants

Other expenses (in addition to remunerations)

...

...

...

Taxes

Total cost

Form No. 12A

REMUNERATIONS FOR CONSULTANTS

...

...

...

No.

Full name

Position in the contract

Working location

Remuneration/
person/month
(1)

Duration (months)
(2)

Remuneration
= (1) x (2)

Total

I

...

...

...

1

 [In office]

 [On site]

...

...

...

2

...

...

...

II

Other employees

1

...

...

...

 [On site]

2

...

...

...

...

...

...

Total

Form No. 12B

ANALYSIS OF REMUNERATIONS FOR CONSULTANTS

Currency:

No.

Consultant’s name

Position

...

...

...

Social cost (% of (3))

General administrative cost (% of (3))

Total
=(3)+(4)+(5)

Profit
(% of (6))

Allowance

Cost per consultant per month
=(6)+(7) +(8)

Duration

Remuneration
= (9) x (10)

...

...

...

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

...

...

...

1

...

...

...

2

...

...

...

...

...

...

...

...

...

...

Total cost

...

...

...

Notes. This form will not be used if the bidder is not required to analyze remunerations for consultants.

Form No. 13

OTHER EXPENSES OF CONSULTANTS

No.

Description

Unit

Cost/unit (1)

Quantity (2)

Cost
= (1) x (2)

...

...

...

 (Foreign currency)

1

 [Business trip allowance]

 [days]

2

...

...

...

 [flights]

3

 [communications cost]

...

...

...

4

 [Equipment, materials, etc.]

...

...

...

 [Domestic travel cost]

6

 [Office rent, secretary]

...

...

...

7

 [Training for investor’s employees]

...

...

...

Total cost

Part Four

TERMS OF REFERENCE

Terms of reference include:

I. Introduction:

Overall description of the project and procurement.

...

...

...

II. Scope:

1. Detailed description of contractor’s tasks, sources of capital, project investor, project duration, quantity of people needed (if any).

2. Detailed description of bidder’s duties to be performed during the execution of the consulting contract.

3. Intended commencement time of consulting services (usually not exceeding 30 days from the contract conclusion date).

III. Reporting

Reports to be submitted and time for submitting reports.

IV. Bidder’s experience and employees:

Required employees for the contract and each position.

V. Responsibilities of soliciting entity

...

...

...

Part Five

CONTRACT

Chapter IV

GENERAL CONDITIONS

Article 1. Interpretation of terms

In this contract, the terms below are construed as follows:

1. “Contract” means a written agreement between the investor and the contractor, including appendices and enclosures.

2. “Contractual price” means the total amount agreed by the investor and the contractor under the contract.

3. “The investor” is the organization mentioned in “Specific conditions”

...

...

...

5. “Subcontractor” means the contractor that signs a contract with the main contractor to perform part of the tasks mentioned in the bid-envelope.

6. “Effective date of contract” means the date prescribed in “Specific conditions”.

7. “Days” mean sonar calendar days, including weekends and public holidays.

8. “Other expenses” mean every expense relevant to consulting services in addition to consultants’ salaries.

Article 2. Applied law and language

1. Applied law is Vietnam’s law.

2. The language of the contract is Vietnamese, unless otherwise prescribed in “Specific conditions”.

Article 3. Use of documents and information about the contract

1. Documents and information that are contractor’s products within the scope of this Contract are under the ownership of the investor, unless otherwise prescribed in “Specific conditions”. The contractor may keep copies of such documents and information, but must not use them for other purposes without written consent of the investor.

...

...

...

Article 4. Copyright

The contractor is totally responsible for damage caused by a third party's complaint (if any) against infringement of copyright relevant to the consulting services provided by the contractor for the investor.

Article 5. Type of contract

The type of contract is specified in “Specific conditions”.

Article 6. Payment

1. The investor shall pay the contractor in accordance with “Specific conditions”.

2. If the investor fails to pay the contractor on schedule as prescribed in Clause 1 of this Article, the investor must pay an interest to the contractor at the basic rate prescribed by the State bank of Vietnam for the period from the first day of late payment to the actual payment date.

Article 7. Contractual price

Contractual price is agreed by the investor and the contractor through the process of contract completion. The contractual price must be conformable with the approved bid and written on the contract.

...

...

...

Contract duration is specified in “Specific conditions”

Article 9. Contract revisions

1. During contract execution, if revisions to the contract are necessary, the party that receives the request for contract revisions must consider and set out requirements for such revisions within the period mentioned in “Specific conditions” in order for both parties to negotiate and conclude appendices to the contract.

2. Adjustment to the contractual price must be suitable for the type of contract and conditions in Article 5 of “Specific conditions”.

3. Contract schedule may only be changed in the following cases:

a)  An force majeure event occurs without being related to the investor’s or the contractor’s mistakes/violations;

b) The tasks are changed because of objective requirements and thus affect the contract schedule.

4. Regulations of law on tax are changed during the contract execution and affect the contractual price. In this case, the investor and the contractor shall consider increasing/decreasing the contractual price accordingly.

5. The investor and the contractor shall make change to the contract schedule if such change does not lead to a delay to project completion. If such change leads to a delay to project completion, the investor and the contractor may only make such change if it is permitted by a competent person.

...

...

...

1. The contractor must assign all consultants to perform the tasks proposed in the bid-envelope, unless otherwise agreed by the investor. If replacement of some employee is necessary as prescribed in Section 29 of Chapter I, it must be accepted by the investor. The replacement must have equivalent or better experience and capacity than the replaced employee.

2. If a consultant is incapable of civil acts or fails to fulfill his/her tasks, the investor is entitled to request replacement of such consultant. When receiving the request for replacement of consultant from the investor, the bidder must replace the said consultant with another one whose capacity and experience is accepted by the investor within the period prescribed in “Specific conditions”. Unless otherwise agreed by both parties, the contractor shall incur the replacement cost.

Article 11. Rights and obligations of the contractor

1. The contractor is entitled to:

a) Request the investor to provide information and documents relevant to provision of consulting services;

b) Refuse to perform unreasonable tasks beyond the scope of the Contract;

c) Have the copyright protected by law (if any);

d) Request the investor to pay on schedule as prescribed in Article 6 of this Chapter.

2. The contractor is obliged to:

...

...

...

b) Submit reports and documents in accordance with the quantity and time prescribed in the Contract. The contractor must provide the investor with information related to the consulting tasks that may delay or hinder the fulfillment of tasks according to the schedule and offer solutions;

c) Adhere to the schedule and submit consulting products in accordance with the Contract. The Contractor is responsible for presenting and protecting the point of views on contents of consulting tasks during meetings with competent authorities held by the investor (if any);

d) The contractor or subcontractor shall make a commitment to appoint competent and capable representative to settle outstanding issues at the request of the investor at any time (including days off) until the consulting products are accepted;

dd) Provide documents serving meetings, reporting, and evaluation at the request of the investor;

e) Collect necessary information serving the consulting tasks under the Contract.

Article 12. Subcontractor

1. The contractor may sign contracts with subcontractors on the list of subcontractors mentioned in “Specific conditions” to perform part of the tasks mentioned in the bid-envelope. The employment of subcontractors does not affect the contractors’ duties. The contractor is still responsible to the investor for the amount, quantity, punctuality of the works done by subcontractors.

Replacement and addition of subcontractors beyond the list mentioned in “Specific conditions” is subject to permission by the investor.

2. Values of works done by subcontractors prescribed in Clause 1 of this Article must not exceed the ratio (%) of contractual price mentioned in “Specific conditions”.

...

...

...

4. Other requirements applied to subcontractors are specified in “Specific conditions”.

Article 13. Compensation for contract violation

1. Unless in force majeure events prescribed in Article 16 of this Chapter, if the bidder does not perform part or all or the tasks under the contract by the deadline, the investor may deduct a compensation from the contractual price, which is a proportion (%) of delayed tasks, for every week behind schedule (or another period as agreed) until such tasks are fulfilled. The maximum deduction is specified in “Specific conditions”. When the deduction reaches the maximum level, the investor may consider terminating the contract as prescribed in Article 14 of this Chapter.

2. With regard to procurement of consulting services on making design documents, estimates, ITB, request for proposals for construction and installation contracts in the form of all-inclusive contract, the contractor is responsible for the accuracy of the quantity of construction and installation works. If such quantity is incorrectly calculated, the contractor shall pay compensation as prescribed in “Specific conditions”.

Article 14. Contract termination on account of the contractor

1. If the contractor fails to perform their tasks as prescribed in “Specific conditions”, the investor may partially or fully terminate the contract by sending a written notification to the contractor.

2. The investor may send the notification of contract termination to the contractor when finding that the contractor goes bankrupt without having to pay any compensation. Such contract termination does not affect the investor’s benefits prescribed by law and the contract.

3. If the investor partially or fully terminates the contract as prescribed in Clause 1 of this Article, the investor may sign a contract with another contractor to execute that terminated part of the contract. The contractor shall pay compensation to the investor for extra expenditures on execution of the terminated part of the contract. However, the contractor must keep executing the unterminated part of the contract.

Article 15. Contract termination on account of the investor

...

...

...

Article 16. Force majeure events

1. In this contract, force majeure events are the events that are beyond the reasonable control and prediction of either party, such as: warfare, riots, strikes, conflagrations, natural disasters, floods, epidemics, quarantine, or adverse weather.

2. Upon occurrence of a force majeure event, the affected party must promptly send a written notification to the other party of such event and the cause of such event together with a confirmation of the force majeure event issued by a competent authority in the area where the event occurs.

While the contractor is not able to provide services because of the force majeure event, the contract shall follow the investor’s instructions to fulfill any contractual obligation possible and take every measure to perform the tasks as long as they are possible. In this case, the investor shall consider reimburseing the contractor for the reasonable costs they incur.

3. The party that fails to fulfill their tasks because of the force majeure event shall not be required to pay damages, not incur penalties, and not have the contract terminated.

Any dispute between the parties because of the force majeure event shall be settled in accordance with Article 17 of this Chapter.

Article 17. Dispute settlement

1. The investor and the contractor shall settle every dispute between them through negotiation.

2. With regard to disputes that cannot be settled through negotiation by the deadline prescribed in “Specific conditions”, either party is entitled to request settlement under the mechanism prescribed in “Specific conditions”.

...

...

...

1. Every notification sent by a party to the other must be made in writing and sent to the address provided in “Specific conditions”.

2. A notification will come into force from the day on which it is received or on the date written thereon, whichever comes later.

Chapter V

SPECIFIC CONDITIONS

Article

Clause

Contents

1

3

...

...

...

 [insert name of investor]

4

Contractor: _______________

 [insert name of successful bidder]

6

Effective date of contract: _______________

 [depending on the nature of the procurement e.g. “This contract comes into force from the day on which it is signed by both party]

2

2

...

...

...

3

1

Use of documents and information about the contract: __________ [insert other regulations (if any)]

5

Type of contract: _______________ [insert the type of contract conformable with approved contractor selection plan]

6

1

- Method of payment: ____________________

...

...

...

- Currency and payment deadline

Currency: __________ [the currency written must be consistent with that in the bid-envelope and the concluded contract]

Payment deadline: __________ [Payment may be made immediately or after a certain period of time after the bidder presents all necessary documents. Documents serving payment must be specified].

8

Contract duration: ____________ [insert time necessary for contract execution that is conformable with Clause 1 Section 1 of the datasheet, the bid-envelope, and the result of contract completion]

9

1

Time for responding to request for contract revisions (made by the investor or the contractor) and time for responding: ___________ [specify the number of days from receipt of the request]

...

...

...

2

Contact revisions: ______________ [In case of an all-inclusive contract, the outcomes and contractual prices must not be changed. In case of a fixed term contract or reasonable addition of tasks beyond the ITB, the scope must be specified as prescribed by law].

10

2

Time limit for employee replacement: ___________ [specify the number of days from receipt of the request from the investor].

12

1

List of subcontractors: ____________ [insert the list of subcontractors that is consistent with the list in the bid-envelope].

...

...

...

Total value of works done by subcontractor must not exceed: __________ of contractual price [the percentage inserted must suit the scale and characteristics of the procurement].

4

Other requirements applied to subcontractors: _____________ [if any].

13

1

Deduction: ________% per week (or day, month, etc.)

 [insert specific the % deducted from the delayed tasks depending on the nature and requirements of the procurement].

Maximum deduction: _______%

...

...

...

2

Compensation rate: _______________

14

1

Contract termination on account of the contractor: ____________

 [specify the contractor’s violations that lead to contract termination by the investor e.g. the contractor fails to mobilize key employees mentioned in the bid-envelope or the replacements do not have equivalent education, capacity and experience].

15

Contract termination on account of the investor: __________

...

...

...

17

2

Dispute settlement: _________ [specify the time and method for setting disputes, including time for sending request for dispute settlement, agency in charge of dispute settlement, cost of dispute settlement, etc. It is recommended that dispute be settled by arbitration].

18

1

Mailing addresses:

- Investor’s mailing address: ______________

Phone number: _______________

Fax: ____________________________

...

...

...

- Contractor’s mailing address: ______________

Phone number: _______________

Fax: ____________________________

E-mail: __________________________

Chapter VI

SAMPLE CONTRACT

The consulting service contract might be an all-inclusive or fixed-term contract depending on the nature and requirements of the procurement.

If a contract has one or some subcontracts, the investor shall apply the all-inclusive contract or fixed-term contract form.

The general conditions must not be changed, specific conditions must be made as instructed by the italic text.

...

...

...

Form No. 14

CONSULTING SERVICE CONTRACT

 (for all-inclusive contract)

 [Location and date]

Contract number : _______

Procurement: _________ [insert name of procurement]

Project: _________ [insert name of project]

- Pursuant to  ____________ [Civil Code No. 33/2005/QH11 dated June 14, 2005 of the National Assembly];

- Pursuant to ^1___________ the Law on Bidding No. 43/2013/QH13 dated November 26, 2013 of the National Assembly];

...

...

...

- Pursuant to Decision No. _______ dated ________ on approval for result of selection of contractor for ___________ [insert name of procurement] and Notification of contractor selection result No. __________ dated ____________ issued by the soliciting entity;

- Pursuant to the contract completion record signed by the investor and successful bidder (contractor) on ___________ ;

Representatives for the parties to which contract include:

Investor

Investor’s name: ______________

Representative: Mr./Mrs. ___________________________________________________

Position: __________________________________________________________________

Address: ___________________________________________________________________

Phone number: ________________________________________________________________

...

...

...

E-mail: ___________________________________________________________________

Account number: ________________________________________________________________

TIN: _______________________________________________________________

Letter of authorization No. _________ dated [in case of authorization]

Contractor

Contractor’s name: ____________________ [insert name of selected contractor]

Representative: Mr./Mrs. ___________________________________________________

Position: __________________________________________________________________

Address: ___________________________________________________________________

...

...

...

Fax: _____________________________________________________________________

E-mail: ___________________________________________________________________

Account number: ________________________________________________________________

TIN: _______________________________________________________________

Letter of authorization No. _________ dated [in case of authorization]

Both parties agree to conclude a consulting service contract with the following contents:

Article 1. Subjects of contract

Subjects of this contract are the services enumerated in Appendix A “Terms of reference”.

Article 2. Contract documents

...

...

...

1. The written contract;

2. Contract appendices including terms of reference, contractor’s employees, contractor’s responsibility for reporting;

3. Contract conclusion record;

4. Decision on approval for contractor selection result;

5. Both parties’ agreement on conditions of the contract, including general conditions and specific conditions;

6. The bid-envelope and clarifying documents thereof provided by the contractor;

7. ITB and supplementing, additional documents thereof;

8. Relevant documents.

Article 3. Responsibilities of the contractor

...

...

...

2. Appoint the employees mentioned in Appendix B “Contractor’s employees” to render services;

3. Submit reports to the investor properly and on schedule as prescribed in Appendix C “Contractor’s responsibility for reporting”;

4. Fulfill all duties and obligations mentioned in “General conditions” and “Specific conditions” of the contract.

Article 4. Responsibilities of the investor

1. Pay the contractor according to the contractual price and method of payment prescribed in Article 6 of this contract; fulfill all duties and obligations mentioned in “General conditions” and “Specific conditions” of the contract.

2. Appoint Mr./Mrs. ______________ as the investor’s representative to coordinate activities under this contract.

Article 5. Contractual price, method of payment, and payment deadline

1. Contractual price: ________________ [insert a value in number, in words, and currency. If the contractual price consists of multiple currencies, the value in words and in number of each currency must be written e.g. “USD 5 million + VND 10 billion (five million US dollars and ten billion Vietnam dong)”] This amount is inclusive of all expenses, interest, and taxes payable by the contractor.

2. Payment deadline:

...

...

...

________________ [insert a value/percentage and currency] when the investor receives and accept the draft report made by the contractor.

________________ [insert a value/percentage and currency] when the investor receives and accept the final report.

Total amount payable: ____________________ [insert value and currency]

 [The payment deadline may be changed to suit the reports specified in Appendix C].

3. Method of payment:

The method of payment is specified in Article 6 of “Specific conditions”

Article 6. Type of contract

This contract is an all-inclusive contract.

Article 7. Contract duration

...

...

...

Article 8. Effect of contract

1. This contract comes into force from ____________ [insert effective date of the contract which is conformable with Clause 6 Article of “Specific conditions”].

2. The contract expires when it is finalized by both parties as prescribed by law.

This contract is made into _____ sets with equal value. The investor shall keep ___ set(s) and the contractor shall keep ____ set(s).

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

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

APPENDIX

...

...

...

Appendix B: Contractor’s employees

Appendix C: Contractor responsibility for reporting

Form No. 15

CONSULTING SERVICE CONTRACT

 (for fixed-term contract)

 [Location and date]

Contract number : _______

Procurement: _________ [insert name of procurement]

...

...

...

- Pursuant to  ____________ [Civil Code No. 33/2005/QH11 dated June 14, 2005 of the National Assembly];

- Pursuant to ^1___________ the Law on Bidding No. 43/2013/QH13 dated November 26, 2013 of the National Assembly];

- Pursuant to ^1 _________________ [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];

- Pursuant to Decision No. _______ dated ________ on approval for result of selection of contractor for ___________ [insert name of procurement] and Notification of contractor selection result No. __________ dated ____________ issued by the soliciting entity;

- Pursuant to the contract completion record signed by the investor and successful bidder (contractor) on ___________ ;

Representatives for the parties to which contract include:

Investor

Investor’s name: ______________

Representative: Mr./Mrs. ___________________________________________________

...

...

...

Address: ___________________________________________________________________

Phone number: ________________________________________________________________

Fax: _____________________________________________________________________

E-mail: ___________________________________________________________________

Account number: ________________________________________________________________

TIN: _______________________________________________________________

Letter of authorization No. _________ dated [in case of authorization]

Contractor

Contractor’s name: ____________________ [insert name of selected contractor]

...

...

...

Position: __________________________________________________________________

Address: ___________________________________________________________________

Phone number: ________________________________________________________________

Fax: _____________________________________________________________________

E-mail: ___________________________________________________________________

Account number: ________________________________________________________________

TIN: _______________________________________________________________

Letter of authorization No. _________ dated [in case of authorization]

Both parties agree to conclude a consulting service contract with the following contents:

...

...

...

Subjects of this contract are the services enumerated in Appendix A “Terms of reference”.

Article 2. Contract documents

Contract documents include:

1. The written contract;

2. Contract appendices, including terms of reference, cost estimate, list of contractor’s employees, contractor’s responsibility for reporting;

3. Contract conclusion record;

4. Decision on approval for contractor selection result;

5. Both parties’ agreement on conditions of the contract, including general conditions and specific conditions;

6. The bid-envelope and clarifying documents thereof provided by the contractor;

...

...

...

8. Relevant documents.

Article 3. Responsibilities of the contractor

1. Fulfill the duties mentioned in Article 1 of this contract;

2. Submit reports to the investor properly and on schedule as prescribed in Appendix B “Cost estimate and Contractor’s employees”

3. Arrange employees and estimate costs mentioned in Appendix C “Contractor’s responsibility for reporting";

4. Fulfill all duties and obligations mentioned in “General conditions” and “Specific conditions” of the contract.

Article 4. Responsibilities of the investor

1. Pay the contractor according to the contractual price and method of payment prescribed in Article 6 of this contract; fulfill all duties and obligations mentioned in “General conditions” and “Specific conditions” of the contract.

2. Appoint Mr./Mrs. ______________ as the investor’s assistant to coordinate activities under this contract.

...

...

...

1. Contractual price: ________________ [insert a value in number, in words, and currency. If the contractual price consists of multiple currencies, the value in words and in number of each currency must be written e.g. “USD 3 million + VND 7 billion (three million US dollars and seven billion Vietnam dong)”] This amount is inclusive of all expenses, interest, and taxes payable by the contractor, particularly:

- Remunerations for consultants

The investor shall pay the contractor as agreed in Appendix C (one of the three methods).

- Other expenses in addition to remunerations:

The investor shall pay the contractor a maximum amount of ___________ [insert value and currency] to cover the following expenditures:

+ Costs of business trip (traveling expense, allowance for business trip and accommodation), stationery, photocopying, printing documents, and communications. These costs will be reimbursed and must be confirmed by the investor;

+ Other costs approved by the investor.

2. Payment deadline and method of payment are specified in Article 6 of “Specific conditions”.

Article 6. Timesheet

...

...

...

Article 7. Type of contract

This contract is a fixed-term contract.

Article 8. Contract duration

 [specify the contract duration that is conformable with Clause 2 Section 1 of the datasheet, the bid-envelope, and the result of contract completion].

Article 9. Effect of contract

1. This contract comes into force from ____________ [insert effective date of the contract which is conformable with Clause 6 Article of “Specific conditions”].

2. The contract expires when it is finalized by both parties as prescribed by law.

This contract is made into _____ sets with equal value. The investor shall keep ___ set(s) and the contractor shall keep ____ set(s).

...

...

...

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

APPENDIX

Appendix A: Terms of reference

Appendix B: Cost estimate and contractor’s employees

Appendix C: Contractor responsibility for reporting

APPENDIX: EXAMPLES

Example 1: Criteria for thorough technical evaluation of an international consulting service procurement for survey, design of water supply, drainage, and wastewater treatment systems of city X

...

...

...

Criterion

Maximum score

Scale

Minimum score

1

Bidder’s experience

20

12

...

...

...

Experience of designing similar water supply, drainage, and wastewater treatment projects worldwide over the last 10 years

5

1.1.1

Experience of designing water supply projects

2.5

...

...

...

≥ 10 projects (100%)

2.5

8-9 projects (90%)

2.25

...

...

...

6-8 projects (70%)

1.75

3-5 projects (40%)

1

...

...

...

< 3 projects (0)

0

1.1.2

Experience of designing water drainage and wastewater treatment projects

2.5

...

...

...

≥ 10 projects (100%)

2.5

8-9 projects (90%)

2.25

...

...

...

6-8 projects (70%)

1.75

3-5 projects (40%)

1

...

...

...

< 3 projects (0%)

0

1.2

Experience of designing similar water supply, drainage, and wastewater treatment in ASEAN region over the last 10 years

5

...

...

...

Experience in designing water supply projects

2.5

≥ 6 projects (100%)

2.5

...

...

...

4-5 projects (90%)

2.25

2-3 projects (70%)

1.75

...

...

...

1 projects (40%)

1

0 project (0%)

0

...

...

...

Experience of designing water drainage and wastewater treatment projects

2.5

≥ 6 projects (100%)

2.5

...

...

...

4-5 projects (90%)

2.25

2-3 projects (70%)

1.75

...

...

...

1 project (40%)

1

0 project (0%)

0

...

...

...

Experience of consultancy on similar water supply, drainage, and wastewater treatment in Vietnam over the last 10 years

6

1.3.1

Experience in designing water supply projects

3

...

...

...

≥ 6 projects (100%)

3

4-5 project (90%)

2.7

...

...

...

2-3 project (70%)

2.1

1 project (40%)

1.2

...

...

...

0 project (0%)

0

1.3.2

Experience of designing water drainage and wastewater treatment projects

3

...

...

...

≥ 6 projects (100%)

3

4-5 project (90%)

2.7

...

...

...

2-3 project (70%)

2.1

1 project (40%)

1.2

...

...

...

0 project (0%)

0

1.4

Reputation according to result of similar contracts executed previously

4

...

...

...

All similar contracts satisfy or are surplus to requirements in terms of quality and progress (100%)

4

75% of similar contracts satisfy or are surplus to requirements in terms of quality and progress (90%)

3.6

...

...

...

50% of similar contracts satisfy or are surplus to requirements in terms of quality and progress (70%)

2.8

25% of similar contracts satisfy or are surplus to requirements in terms of quality and progress (40%)

1.6

...

...

...

No similar contracts satisfy or are surplus to requirements in terms of quality and progress (0%)

0

2

Solution and methodology

30

20

...

...

...

The bidder is well-informed of the targets and objectives of the project mentioned in terms of reference

5

2.1.1

The bidder is well-informed of the scope and scale of the project mentioned in terms of reference

2

...

...

...

The technical proposal contains description of locations, routes, and characteristics of subprojects

1.5

2.1.3

Project site survey (the technical proposal contains illustrations of locations, routes, and characteristics of subprojects)

1.5

...

...

...

Approach and methodology

5

2.2.1

The technical proposal consists of all tasks prescribed in terms of reference. The tasks are divided into specific objectives in a complete and logical way with specific tasks given to each of the consultants.

2

...

...

...

The methodology is suitable for the objectives

1.5

2.2.3

The proposal clearly shows how to properly perform the tasks (especially special tasks of the project)

1.5

...

...

...

Ideas for improvement

2

2.3.1

Ideas are offered to perform the tasks better in order to improve the project’s efficiency

1

...

...

...

The bidder’s approach and methodology are professional and advanced

1

2.4

Presentation of the proposal

2

...

...

...

The structure and presentation of the proposal is reasonable and easy to follow

1

2.4.2

The proposal is complete and compelling

1

...

...

...

Execution plan

10

2.5.1

The working plan includes all objectives of the project. Each objective is completely, appropriately, clearly analyzed and described

5

...

...

...

The execution plan is appropriate for the methodology and schedule

2.5

2.5.3

There are tables that describe the task performance plan and reporting schedule

2.5

...

...

...

Employees are arranged reasonably

6

2.6.1

Employees are arranged as requested in the ITB

3

...

...

...

Consultants are mobilized in accordance with the execution plan in terms of time and period.

3

3

Employees

50

40

...

...

...

Chief consultant

13

11

3.1.1

Education

3

...

...

...

Qualifications

1.5

Professor, PhD, Master’s degree, or equivalent degree (100%)

1.5

...

...

...

Engineer, bachelor’s degree (70%)

1.05

Associate degree, college degree, or an equivalent degree (0%)

0

...

...

...

Working experience of relevant fields

1.5

≥ 15 years (100%)

1.5

...

...

...

10 - ≤15 years (70%)

1.05

5 - ≤10 years (40%)

0.6

...

...

...

< 5 years (0%)

0

3.1.2

Experience of designing water drainage and wastewater treatment projects with similar scale

6

...

...

...

Experience of designing water supply projects

2

≥ 5 projects (100%)

2

...

...

...

3 – 4 projects (70%)

1.4

1 – 2 projects (40%)

0.8

...

...

...

0 project (0%)

0

b

Experience of designing water drainage and wastewater treatment projects

2

...

...

...

≥ 5 projects (100%)

2

3 – 4 projects (70%)

1.4

...

...

...

1 – 2 projects (40%)

0.8

0 project (0%)

0

...

...

...

Experience as chief consultant

2

≥ 5 projects (100%)

2

...

...

...

3 – 4 projects (70%)

1.4

1 – 2 projects (40%)

0.8

...

...

...

0 project (0%)

0

3.1.3

Working experience in ASEAN region

1.5

...

...

...

≥ 15 years (100%)

1.5

10 - ≤15 years (80%)

1.2

...

...

...

5 - ≤10 years (50%)

0.75

1-5 years (30%)

0.45

...

...

...

≤ 1 year (0%)

0

3.1.4

Working experience in Vietnam

1.5

...

...

...

≥ 5 years (100%)

1.5

3-4 years (70%)

1.05

...

...

...

1-2 years (50%)

0.75

No experience (0%)

0

...

...

...

English level

1

Excellent (100%)

1

...

...

...

Good (70%)

0.7

Average (40%)

0.4

...

...

...

Bad (0%)

0

3.2

Deputy chief consultant

9

7

...

...

...

Education

2

a

Qualifications

1

...

...

...

Professor, PhD, Master’s degree, or equivalent degree (100%)

1

Engineer, bachelor’s degree (70%)

0.7

...

...

...

Associate degree, college degree, or an equivalent degree (0%)

0

b

Working experience of relevant fields

1

...

...

...

≥ 15 years (100%)

1

10 - ≤15 years (70%)

0.7

...

...

...

5 - ≤10 years (40%)

0.4

< 5 years (0%)

0

...

...

...

Experience of designing water drainage and wastewater treatment projects with similar scale

4.5

a

Experience of designing water supply projects

1.5

...

...

...

≥ 5 projects (100%)

1.5

3 – 4 projects (70%)

1.05

...

...

...

1 – 2 projects (40%)

0.6

0 project (0%)

0

...

...

...

Experience of designing water drainage and wastewater treatment projects

1.5

≥ 5 projects (100%)

1.5

...

...

...

3 – 4 projects (70%)

1.05

1 – 2 projects (40%)

0.6

...

...

...

0 project (0%)

0

c

Experience as chief consultant (or deputy chief consultant)

1.5

...

...

...

≥ 5 projects (100%)

1.5

3 – 4 projects (70%)

1.05

...

...

...

1 – 2 projects (40%)

0.6

0 project (0%)

0

...

...

...

Working experience in ASEAN region

1

≥ 15 years (100%)

1

...

...

...

10 - ≤15 years (80%)

0.8

5 - ≤10 years (50%)

0.5

...

...

...

1 - 5 years (30%)

0.3

≤ 1 year (0%)

0

...

...

...

Working experience in Vietnam

1

≥ 5 years (100%)

1

...

...

...

3 - 4 years (70%)

0.7

1 - 2 years (50%)

0.5

...

...

...

No experience (0%)

0

3.2.5

English level

0.5

...

...

...

Excellent (100%)

0.5

Good (70%)

0.35

...

...

...

Average (40%)

0.2

Bad (0%)

0

...

...

...

Other engineers and consultants

28

22

3.3.1

Water supply engineer

4

...

...

...

Water drainage engineer

4

3.3.3

Treatment technology engineer

4

...

...

...

Geology engineer

4

3.3.5

Civil construction engineer

4

...

...

...

Environment expert

4

3.3.7

Expert in relocation and social affairs

4

...

...

...

Criteria for evaluation of other engineers and consultants

a

Qualifications

0.5

...

...

...

Professor, PhD, Master’s degree, or equivalent degree (100%)

0.5

Engineer, bachelor’s degree (70%)

0.35

...

...

...

Associate degree, college degree, or an equivalent degree (0%)

0

b

Working experience of relevant fields

1

...

...

...

≥ 7 years (100%)

1

4 - <7 years (70%)

0.7

...

...

...

2 - <4 years (50%)

0.5

< 2 years (0%)

0

...

...

...

Experience of similar projects

1

≥ 5 projects (100%)

1

...

...

...

3 – 4 projects (70%)

0.7

1 – 2 projects (50%)

0.5

...

...

...

0 project (0%)

0

d

Working experience in ASEAN region

0.5

...

...

...

≥ 5 years (100%)

0.5

3 - <5 years (70%)

0.35

...

...

...

1 - <3 years (50%)

0.25

< 1 year (0%)

0

...

...

...

Working experience in Vietnam

0.5

≥ 3 years (100%)

0.5

...

...

...

1 - 2 years (50%)

0.25

No experience (0%)

0

...

...

...

English level

0.5

Excellent (100%)

0.5

...

...

...

Good (70%)

0.35

Average (50%)

0.25

...

...

...

Bad (0%)

0

Total

100

72

Example 2: Determination of pricing score

...

...

...

- Bidders A, B, C, D, E have passed the technological evaluation for provision of consulting services (technical score ≥ 72)

- Scoring scale: 100

- G_{in consideration} of bidders A, B, C, D, E are 1.1 billion, 1 billion, 1.5 billion, 1.3 billion, 1.2 billion (VND) respectively. + G_{in consideration}: Bid after correction of errors, adjustment of deviation, subtraction of discount (if any) of the financial proposal in consideration.

Formula for determining the bidder’s pricing score:

Pricing score_{in consideration} =

G_lowest x 100

G_{in consideration}

Where:

+ Pricing score_{in consideration}: Pricing score of the financial proposal in consideration;

...

...

...

G_lowest among the 5 bidders is VND 1 billion.

Pricing scores of bidders:

Bidder

Price_{in consideration}
(billion VND)

Pricing score

A

1.1

1/1.1 x 100 = 90.9

B

...

...

...

1/1 x 100 = 100

C

1.5

1/1.5 x 100 = 66.7

D

1.3

1/1.3 x 100 = 76.9

E

1.2

...

...

...

Example 3: Determination of total score

Total score is calculated as follows:

Total score_{in consideration} = K x Technical score_{in consideration} + G x Pricing score_{in consideration}

Where:

- Technical score_{in consideration}: Score determined during technical evaluation;

- Pricing score_{in consideration}: Score determined during pricing evaluation;

- K: Ratio of technical score, which is 70%;

- G: Ratio of pricing score, which is 30%;

According to technical scores given during evaluation of technical proposals and pricing scores given during evaluation of financial proposals (in Example 2), total score is determined as follows:

...

...

...

Technical proposal

Financial proposal

Total score_{in consideration}
(5) = (1) x (2) + (3) x (4)

Technical score_{in consideration}
(1)

K%
(2)

Pricing
score_{in consideration}
(3)

G%
(4)

A

89

...

...

...

90.9

30

89.6

B

84.2

70

100

30

88.9

...

...

...

85

70

66.7

30

79.5

D

80.4

70

76.9

...

...

...

79.4

E

83

70

83

30

83

TEMPLATE
REQUEST FOR PROPOSALS FOR CONSULTING SERVICE CONTRACT

...

...

...

REQUEST FOR PROPOSALS
FOR CONSULTING SERVICE CONTRACT

Procurement: ____________ (name of the procurement)

Project: ____________ (name of the project)

Investor: ____________ (name of the investor)

...

...

...

Legal representative of solicitation consulting unit (if any)
[Full name, position, signature, and seal]

 [Location and date]

Legal representative of soliciting entity)
[Full name, position, signature, and seal]

TABLE OF CONTENTS

Part one

INSTRUCTIONS FOR BIDDERS

...

...

...

Chapter II. Validity of proposals and criteria for evaluation of proposals

Chapter III. Templates

Form No. 1: Application for direct contracting

Form No. 2: Letter of authorization

Form No. 3: Joint venture agreement

Form No. 4: Organizational structure and experience of bidder

Form No. 5: Suggestions to complete terms of reference

Form No. 6: Solutions and methodology proposed by the bidder to provide consulting services

Form No. 7: List of consultants

...

...

...

Form No. 9: Work schedule

Form No. 10: Cost summary

Form No. 11A: Remunerations for consultants

Form No. 11B: Analysis of remunerations for consultants

From No. 12. Other expenses of consultants

Part two. Terms of reference

Part three. Contract

Chapter IV. General conditions

Chapter V. Specific conditions

...

...

...

Form No. 13: Consulting service contract (all-inclusive contract)

Form No. 14: Consulting service contract (fixed-term contract)

ABBREVIATIONS

Law on Bidding

Law on Bidding No. 43/2013/QH13

Decree 63/CP

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

VND

...

...

...

USD

US dollar

Part one

INSTRUCTIONS FOR BIDDERS

Chapter I

DIRECT CONTRACTING PROCEDURES

Section 1. Procurement contents

1. ______________ [insert name of soliciting entity] invites bidders to prepare proposals for _____________ [insert name of procurement according to the approved contractor selection plan] of __________________ [insert name of the approved project or procurement plan].

2. Contract duration: _______________ [insert a period according to the approved contractor selection plan].

...

...

...

Section 2. Request for proposals and documents explaining, clarifying, revising request for proposals

1. Contents of a request for proposals are enumerated at the Table of contents.

2. Any bidder that needs explanation or clarification of the request for proposals must send a notification to the soliciting entity must before the bid closing time.

3. If the scope of consulting services or other requirements have to be changed, the soliciting entity shall revise the request for proposals by sending a revision sheet to every bidder who receives the request for proposals. This document is an integral part of the request for proposals.

Section 3. Preparation of proposals

1. Language

The proposal and every document pertaining to the direct contracting process exchanged by the soliciting entity and the bidder must be written in ________________ [“Vietnamese” in case of appointment of Vietnamese contractor; “English” in case of appointment of foreign contractor or the request for proposal is written in English; “English and Vietnamese” and “In case of discrepancies between the English version and Vietnamese version, the English version shall apply” if the request for proposals is written in both Vietnamese and English. Other documents must be written in certain common languages. If another language is used by the bidder, a translation into the language of the proposal must be provided].

2. The proposal prepared by the bidder must contain:

a) Documents proving the bidder’s eligibility, capacity, and experience prescribed in Section 5 of this Chapter;

...

...

...

c) Other documents (if any) _________________ [insert other documents that satisfy requirements of the procurement].

Section 4. Application for direct contracting

The application for direct contracting is prepared by the bidder and must conform with form No. 1 in Chapter III, bear the signature of the bidder’s legitimate representative (who is the bidder’s legal representative or an authorized person under a letter of authorization using form No. 2 in Chapter III) and the seal.

In case of authorization, the bidder must enclose with the application for direct contracting the following documents to prove the eligibility of the authorized person: ________________________ [specify the legal documents to be submitted by the bidder to prove the eligibility of the authorized person such as a certified true copy of the company’s charter, a Decision on establishment of a branch, etc.].

If the bidder is a joint venture, the application for direct contracting must bear the signature and seal (if any) of legal representatives of every joint venture member or the head member of the joint venture according to the joint venture agreement. Any joint venture member that authorizes a representative must enclose documents proving the eligibility of the authorized person with the bid form as if independent contractors.

Section 5. Bidder’s eligibility and documents proving the bidder’s eligibility, capacity, and experience

1. A bidder is considered eligible when all of the following conditions are satisfied:

a) The bidder has been granted registration of establishment and operation by a competent authority of the country in which the bidder is operating;

b) The bidder is keeping accounting records independently;

...

...

...

d) The bidder has been registered on the national bidding network: ______________ [“applicable” if the Ministry of Planning and Investment had issued a guiding document at that time; “not applicable” if the Ministry of Planning and Investment had not issued a guiding document at that time].

dd) The bidder is not banned from bidding;

e) In case of international direct contracting, the foreign contractor has to establish a joint venture member with a Vietnamese contractor or hire a Vietnamese subcontractor, unless such Vietnamese contractor is not capable of any task of the procurement. In case a subcontractor is hired, the bidder may propose the tasks intended to be performed by Vietnamese subcontractor in the proposal without specifying the subcontractor’s name; the bidder must enclose with the proposal a commitment to hire a Vietnamese subcontractor to perform such tasks together.

2. Documents proving the bidder’s eligibility:

a) Independent bidders must provide the following documents to prove their eligibility: _________ [documents to prove the bidders’ eligibility e.g. certified true copy of the Certificate of Business registration, etc.]

b) Bidders being joint ventures must provide the following documents:

- Documents mentioned in Point a of this Clause of each joint venture member;

- The joint venture agreement using form No. 3 in Chapter III.

3. Documents proving the bidder’s capacity and experience:

...

...

...

Section 6. Offered price

1. “Offered price” is the price offered by the bidder in the application for direct contracting. The price offered by the bidder must include all necessary costs of contract execution (Form No. 10, 11A, and 12 provided in Chapter III) according to terms of reference of this request for proposals. Bidder is required to/not required to [on a case-by-case basis] analyze remunerations for consultants using Form No. 11B.

With regard to all-inclusive contract, the bid must include every cost of risks and inflation that could occur during contract execution. In case of simple consulting service procurement with short duration and without risk or inflation, the cost of risks and inflation shall be zero (0). With regard to fixed-term contract, the bid does not include costs of risks and inflation that could occur during contract execution.

2. The offered price shall be expressed in ____________ [VND in case of domestic direct contracting; up to 03 currencies, one of which is convertible (USD, EURO, etc.) in case of international direct contracting]. Only one currency is permitted for a particular task.

Section 7. Effective period of proposal

The effective period of the proposal is ____________ days from the bid closing date [This period depends on the scale and characteristics of the procurement and must not exceed 180 day. This period may be up to 210 days if the procurement is large in scale and complicated].

Section 8. Format of proposal and signature thereon

1. The bidder must prepare an original copy and ____ photocopies of the proposal [not more than 05 photocopies] and write “original” or “photocopy” on them. The bidder is responsible for the accuracy and consistency between the original copy and photocopies. In case of any discrepancy between the original copy and photocopies, the original copy shall prevail.

2. The proposal must be typed, printed with indelible ink, and have page numbers. The application for direct contracting, letter of discount (if any), additional documents, clarifying documents, and other templates must bear the signature of the bidder’s legitimate representative as instructed in Chapter III.

...

...

...

4. Text that is added, inserted, deleted, or overwritten is only valid if there is a signature of the person that signs the application for direct contracting next to it or on that same page.

Section 9. Time limit for submitting proposal

1. The bidder shall submit the proposal directly or sent it to the soliciting entity’s address by the bid closing time _________ [which depends on the scale and characteristics of the procurement].

2. If the bid closing date is deferred, the soliciting entity shall notify the bidder in writing.

3. If the bidder wishes to have the bid closing time deferred, the bidder must notify the soliciting entity before the bid closing time.

Section 10. Evaluation of proposal documents and negotiation of bidder’s proposals.

1. Inspecting the validity of the proposal documents:

a) Inspect the quantity of original copies and photocopies of proposal documents prescribed in Clause 1 Section 8 of this Chapter;

b) Inspect the composition of proposal documents, including:

...

...

...

- The joint venture agreement (if any) prescribed in Clause 2 Section 5 of this Chapter;

- The letter of authorization to sign the application for direct contracting (if any) prescribed in Section 4 of this Chapter;

- Documents proving the bidder’s capacity and experience prescribed in Clause 2 and Clause 3 Section 5 of this Chapter;

- The technical proposal;

- Other components of proposal documents;

- Appendices and enclosures of proposal documents mentioned in the request for proposals.

c) Inspect the consistency between the original copy and photocopies to serve the thorough evaluation of proposal documents.

2. Evaluation of validity of proposal documents:

A bidder's proposal is considered valid when all of the requirements in Section 1 of Chapter II are satisfied.

...

...

...

4. Financial evaluation includes:

- Determination of offered price;

- Correction of errors and adjustment of deviations (if any);

- Subtraction of discount (if any);

- Determination of accepted price.

5. Clarification, revision, and negotiation of contents of proposal documents

During the evaluation of proposal documents prescribed in Clauses 2, 3, and 4 of this Section, the soliciting entity shall request the bidder to come to explain, clarify, revise, supplement proposal documents, and negotiate the bidder proposals to prove that the proposal documents satisfy requirements of the request for proposals in terms of capacity, experience of the bidder, work progress, quality, technological solutions, and implementation measures mentioned in the request for proposals.

The negotiation also covers negotiation over financial proposals, including error correction and deviation adjustment prescribed in Clause 4 of this Section (if any), determination of taxes payable by the bidder as prescribed by Vietnam’s law. The bidder must make a commitment to appoint consultants to perform the proposed tasks and if replacement of such consultants is required, the replacements will have equivalent or better capacity and experience than the replaced consultants.

Section 11. Requirements applied to appointed contractor

...

...

...

1. The bidder has proposal documents;

2. The bidder has a satisfactory technical proposal;

3. The accepted price does not exceed the approved cost estimate, particularly:

a) With regard to all-inclusive contract, the approved cost estimate includes every cost of risks and inflation that could occur during contract execution. In case of simple consulting service procurement with short duration and without risk or inflation, the cost of risks and inflation shall be zero (0).

b) With regard to fixed-term contract, the cost estimate does not include costs of risks and inflation that could occur during contract execution.

Section 12. Publishing of direct contracting result

1. After a decision to approve the direct contracting result is issued, the soliciting entity shall post information about the direct contracting result on national bidding network or Vietnam Public Procurement Review Journal and send a written notification of the direct contracting result to the appointed contractor.

2. The notification shall be enclosed with a draft contract (using the form provided in Chapter IV) that contains specific information about the procurement and a plan for contract completion which specifies the time, location, and issues that need discussing.

Section 13. Completion and conclusion of contract

...

...

...

Section 14. Complaints

Bidders are entitled to file complaints against the contractor selection result and relevant issues during the direct contracting process if they find that their lawful rights and interests are infringed according to the Law on Bidding.

Section 15. Actions against violations in bidding

Any entity that commits violations against regulations of law on bidding and relevant laws shall be dealt with in accordance with applicable law.

Chapter II

VALIDITY OF PROPOSAL DOCUMENTS AN CRITERIA FOR EVALUATION OF PROPOSAL DOCUMENTS

Section 1. Validity of proposal documents

1. A bidder's proposal is considered valid when all of the following requirements are satisfied:

a) There are original copies of proposal documents; b) There is an application for direct contracting bearing the signature and seal (if any) of the bidder’s legitimate representative as prescribed in Section 4 of Chapter I. The offered price on the application is expressed in both numbers and words, logical, and conformable with the total price in the cost summary sheet (Form No. 10 in Chapter III). Offered price does not vary or come with conditions that are disadvantageous to the investor/soliciting entity. If the bidder is a joint venture, the application for direct contracting must bear the signature and seal (if any) of each joint venture member’s legitimate representatives or the signature of the head member of the joint venture according to the joint venture agreement;

...

...

...

d) There is a joint venture agreement bearing the signature and seal (if any) of legitimate representatives of every joint venture member;

dd) The bidder is eligible as prescribed in Section 5 of Chapter I;

e) The bidder is capable of operation as prescribed by corresponding regulations of law (if any).

Section 2. Criteria for evaluation of proposal documents

When establishing evaluation criteria, the straight text is compulsory and the italic text is instructional. Necessary revisions may be made to suit the characteristics of the procurement on a case-by-case basis.

If the bidder satisfies all criteria in 3 parts of the table below, the bidder is considered technically qualified.

No.

Criterion

Minimum requirement

...

...

...

Bidder’s capacity and experience

a. Similar contracts executed in the last ... years (in terms of characteristics, scale, value, etc.)

b. Geographically similar contracts executed

c. Bidder’s reputation through executing similar contracts previously

d. Other elements

...

...

...

2

Solution and methodology

a. Understanding of the procurement purposes

b. Approach and methodology (determination of consulting tasks, method, etc.)

c. Ideas for improvement

...

...

...

dd. Execution plan

e. Employee arrangement

g. Other elements

3

Employees

...

...

...

3.1.

Chief consultant, president

3.2

Experts in various fields

4

Total (100%)

...

...

...

If the bidder is a joint venture, the experience of the joint venture is the total experience of its members within their roles in the joint venture.

Chapter III

Templates

The technical and financial proposal and prepared by the bidder includes:

No.

Contents

Form

Notes

1

...

...

...

Form No. 1

2

Letter of authorization

Form No. 2

Only applicable if the bidder appoints a legal representative

3

Joint venture agreement

Form No. 3

...

...

...

4

Organizational structure and experience of bidder

Form No. 4

5

Suggestions (if any) to complete terms of reference

Form No. 5

6

...

...

...

Form No. 6

7

List of consultants

Form No. 7

8

Consultant’s résumé

Form No. 8

...

...

...

9

Work schedule

Form No. 9

10

Cost summary

Form No. 10

11

...

...

...

Form No. 11A

12

Analysis of remunerations for consultants

Form No. 11B

Applicable if analysis of remunerations for consultants is required

13

Other expenses of consultants

Form No. 12

...

...

...

Form No. 1

Application for direct contracting^(1)

 [Location and date]

To: ____________________ [name of the soliciting entity]

 (hereinafter referred to as “soliciting entity”)

After carefully studying the request for proposals (including revisions thereof, if any), we, __________ [insert name of bidder] pledge ourselves to provide _____________________ [insert scope of consulting services] in accordance with request for proposals for a total amount of ______________ [insert a value in number and words]^(2).  with a duration of ________________ [insert period of time for performing all tasks required by request for proposals that suit the technical proposal]^(3).

We hereby declare that:

...

...

...

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

3. Every information provided herein is truthful to be best of our knowledge without corruption, bribery, or collaboration in bidding for this procurement.

4. Employees will not be changed over the effective period of proposal documents which is ____________ [insert number of days]^(4) from __________________ to _______________________ [insert bid closing date]^(5).

Legal representative of the bidder ^(6)
[Full name, position, signature, and seal] ^(7)

Notes:

 (1) Bidder must provide sufficient and accurate info including names of soliciting entity and bidder, effective period of proposal documents, which bears the signature and seal (if any) and of the bidder’s legitimate representative.

 (2) If multiple currencies are permitted in the request for proposals, the bidder must express the value in each currency in both number and words. The bid offered in the application for direct contracting must be specific, expressed in both number and words, logical, and suitable for the total bid on cost summary sheet. The bid must not vary and conditions that are disadvantageous to the investor or the soliciting entity must not be included.

...

...

...

 (4) Effective period of proposal documents is from the bid closing date to its expiration date as prescribed in the request for proposals. The period from bid closing time to 24:00 of the bid closing date is considered 01 day.

 (5) Insert the bid closing date as prescribed in Section 9 of Chapter I.

 (6) If the bidder’s legal representative authorizes his/her subordinate to sign the application for direct contracting, a letter of authorization (Form No. 2 provided in this Chapter) must be enclosed. If the company’s charter or another document permits such subordinate to sign the application for direct contracting, such document shall be enclosed (In this case, the letter of authorization is not required). If awarded the contract, the contractor must present certified true copies such document to the investor before the contract is concluded.

 (7) Any foreign bidder who does not have a seal must provide a certification of signature issued by a competent organization that the signature on the application for direct contracting and other documents enclosed with proposal documents belong to the bidder’s legitimate representative.

Form No. 2

LETTER OF AUTHORIZATION ^(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 direct contracting for ____________ [insert name of procurement] of _____________ [insert name of the project] held by ____________ [insert name of the soliciting entity]:

...

...

...

- Sign the joint venture agreement;

- Sign documents with the soliciting entity during the participation in direct contracting process, including clarification of the proposal;

- Participate in contract negotiation;

- Participate in contract conclusion;

- Sign contract with the investor if awarded the contract.]^(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] is totally responsible for the tasks performed by ___________ [name of authorized person] within the authorization scope.

The letter of authorization 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
[insert name, position, signature, and seal (if any)]

...

...

...

Notes:

 (1) The original copy of the letter of authorization must be sent to the soliciting entity together with the application for direct contracting prescribed in Section 4 of Chapter I. The deputy, subordinate of the bidder’s legal representative, branch manager, representative office manager may be authorized by the bidder’s legal representative to perform one, some, or all of the aforementioned tasks. The seal used in this case may be the bidder’s or the organization of the authorized person. The authorized person must not authorize another person.

 (2) The authorization covers one, some, or all of the said tasks.

 (3) Insert the effective date and expiration date of the letter of authorization which suits the direct contracting process.

Form No. 3

JOINT VENTURE AGREEMENT

 [Location and date]

Procurement: _________ [insert name of procurement]

...

...

...

- Pursuant to __________ [the Law on Bidding No. 43/2013/QH13 dated November 26, 2013];

- 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 ITB for _______________ [insert name of procurement] dated __________ [insert date written on the request for proposals];

Representatives of signatories to the joint venture agreement include:

Name of joint venture member _______________ [insert name of each joint venture member]

Representative: Mr./Mrs. ___________________________________________________

Position: __________________________________________________________________

Address: ____________________________________________________________________

Phone number: _________________________________________________________________

...

...

...

E-mail: ____________________________________________________________________

Account: _________________________________________________________________

TIN: _________________________________________________________________

Letter of authorization No. ___________ dated ___________ (in case of authorization).

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

Article 1. General rules

1. Members voluntarily establish this joint venture to participate in execution of __________ [insert name of procurement] of _______________ [insert name of project].

2. Official name of the joint venture used in every transaction related to the procurement: ______________ [insert the agreed name of the joint venture].

3. If awarded the contract, no member is entitled to refuse to fulfill the duties and obligations prescribed in the contract. Any member of the joint venture that refuses to fulfill their duties as agreed must:

...

...

...

- Pay damages to the investor as prescribed by the contract

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

Article 2. Assignment of duties

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

1. Head member of the joint venture

All parties unanimously authorize ________ [insert name of a party] as the head member of the joint venture who represents the joint venture to perform the following tasks:

 [- Sign the application for direct contracting;

- Sign documents with the soliciting entity during the direct contracting process, including request for clarification of the request for and documents clarifying the proposal;

- Participate in contract negotiation;

...

...

...

- Sign complaint letter (if any);

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

2. Tasks of joint venture members are specified in the table below:

No.

Name

Tasks

Proportion of total bid

1

Name of head member

...

...

...

- ……

- ……%

- ……%

2

Name of second member

- ……

- ……

- ……%

- ……%

...

...

...

…

…

…

Total

All tasks of the procurement

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:

...

...

...

- The agreement is unanimously terminated by all parties;

- The joint venture is not awarded the contract;

- The direct contracting for ____________ [insert name of the procurement] of ___________ [insert name of the project] is cancelled as notified by the soliciting entity.

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

LEGAL REPRESENTATIVE OF HEAD MEMBER

 [Full name, position, signature, and seal]

LEGAL REPRESENTATIVES OF JOINT VENTURE MEMBERS

 [Full name, position, signature, and seal of each member]

...

...

...

ORGANIZATIONAL STRUCTURE AND EXPERIENCE OF BIDDER

A. Organizational structure of bidder

 [Briefly describe the establishment and organization of the bidder (or each member if the bidder is a joint venture). Describe the quantity of consultants who have long-term or indefinite contracts with the bidder, experience of each consultant]

B. Experience of bidder

Similar consulting service contracts executed by the bidder over the last ___________   years.

The bidder shall use the table below to describe each consulting service similar to the consulting service required in the contract that was provided by the bidder (as an independent contractor, joint venture member, or subcontractor).

Name of project

Location

...

...

...

Name of investor

Name of contract

Contractual price (or value of consulting service provided in case of a joint venture)

Type of bidder

 (independent bidder, joint venture, or subcontractor)

...

...

...

 (from _________ to _________ )

Actual duration

 (from _________ to ____________; provide explanation in case of delay)

Brief description of tasks performed under the contract

The bidder must enclose photocopies of relevant documents.

...

...

...

Suggestions (if any) to complete terms of reference

 [Specify suggestions offered by the bidder to complete terms of reference serving contract execution]

Suggested revisions to terms of reference:

1.

2.

3.

4.

5.

...

...

...

SOLUTIONS AND METHODOLOGY PROPOSED BY THE BIDDER TO PROVIDE CONSULTING SERVICES

The technical proposal prepared (including charts) by the bidder consists of 3 parts:

1. Solution and methodology

2. Working plan

3. Organizational structure and employees

Form No. 7

LIST OF PARTICIPATING CONSULTANTS

No.

Full name

...

...

...

Position in the contract

Working location

Workload (person/month)

Total workload (in months)

Work item 1 (1)

Work item 2 (2)

…

 (n)

In office

...

...

...

I. Key employees of bidder

1

 [Example: Mr. Nguyen Van A]

 [Vietnam]

 [Chief consultant]

 [In office]

 [2.0 months]

 [1.0 month]

...

...

...

 [On site]

 [0.5 month]

 [2.5 month]

2

...

...

...

...

...

...

…

...

...

...

II. Key employees mobilized by bidder

1

...

...

...

 [In office]

 [2.0 months]

 [1.0 month]

 [On site]

...

...

...

 [2.5 months]

2

...

...

...

Total (I + II)

...

...

...

III. Other employees

1

 [In office]

...

...

...

 [On site]

…

...

...

...

...

...

...

.

Total III)

Total

...

...

...

Form No. 8

CONSULTANT’S RÉSUMÉ

Intended position: ____________________________________________________

Bidder’s name: _____________________________________________________________

Consultant’s name: ________________________________ Nationality: ________________

Profession: _____________________________________________________________

...

...

...

Employer: _____________________________________________________________

________________________________________________________________________

Work experience:

Time

Employer

Reference

Position

From _________ to __________

…

...

...

...

….

Intended tasks in the contract:

Specific description of tasks:

Insert relevant tasks and duties performed previously to prove their capability of intended tasks

 [insert the tasks assigned to the consultant in Form No. 9]

...

Capacity:

...

...

...

_________________________________________________________________________

Education:

 [Specify relevant qualifications, issuers, time, and type of qualifications]

_________________________________________________________________________

Foreign language:

 [Specify foreign language level]

_________________________________________________________________________

Contact:

[name, phone number, email address of the contract]

...

...

...

I hereby declare that the information provided above is truthful to the best of my knowledge and I am legally responsible for such information.

 [Location and date]

[signature, position, full name]

Notes:

- Each individual consultant on the list Form No. 7 must complete this form.

- The bidder shall enclose with this copies of the employment contracts and qualifications of the consultants listed above.

Form No. 9

...

...

...

No.

Task ^(1)

Month^(2)

1

2

3

4

5

…

...

...

...

Total

1

 [Example: Task 1:

...

...

...

1) Collect information

...

...

...

2) Draft report

...

...

...

3) Make preliminary report

...

...

...

4) Collect opinions

...

...

...

5)...

...

...

...

6) Make final report]

...

...

...

...

...

...

2

 [Example: Task 2: …]

...

...

...

…

...

...

...

n

...

...

...

...

...

...

Notes:

 (1) Enumerate all tasks with specific schedule.

 (2) There must be a chart showing time limit for each task with notes and explanation if necessary.

Form No. 10

Cost summary

Item

Cost

...

...

...

 (Foreign currency)

Remunerations for Vietnamese/foreign consultants

Other expenses (in addition to remunerations)

Taxes

...

...

...

Total cost

Form No. 11A

REMUNERATIONS FOR CONSULTANTS

Currency:

No.

Full name

...

...

...

Working location

Remuneration/
person/month
(1)

Duration (months)
(2)

Remuneration
= (1) x (2)

Total

I

Key employees

1

...

...

...

 [In office]

 [On site]

...

...

...

...

...

...

II

Other employees

1

 [In office]

...

...

...

 [On site]

2

...

...

...

Total

...

...

...

Form No. 11B

ANALYSIS OF REMUNERATIONS FOR CONSULTANTS

Currency:

No.

Consultant’s name

Position

Base salary

Social cost (% of (3))

Management cost^2 (% of (3))

...

...

...

Profit
(% of (6))

Allowance

Cost per consultant per month
=(6)+(7) +(8)

Duration

Remuneration
= (9) x (10)

(1)

(2)

(3)

...

...

...

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1

...

...

...

...

...

...

...

...

...

...

...

...

...

...

...

...

Total cost

Notes. This form will not be used if the bidder is not required to analyze remunerations for consultants.

...

...

...

OTHER EXPENSES OF CONSULTANTS

No.

Description

Unit

Cost/unit (1)

Quantity (2)

Cost
= (1) x (2)

 (VND)

Foreign currency)

...

...

...

 [Business trip allowance]

 [days]

 [International flights]

 [flights]

...

...

...

 [communications cost]

...

...

...

 [Equipment, materials, etc.]

 [Domestic travel cost]

...

...

...

 [Office rent, secretary]

...

...

...

 [Training for investor’s employees]

Total cost

...

...

...

Part two

TERMS OF REFERENCE

Terms of reference include:

I. Introduction:

Overall description of the project and procurement.

Purposes of contractor selection.

II. Scope:

...

...

...

2. Detailed description of bidder’s duties to be performed during the execution of the consulting contract.

3. Intended commencement time of consulting services (usually not exceeding 30 days from the contract conclusion date).

III. Reporting

Reports to be submitted and time for submitting reports.

IV. Bidder’s experience and employees:

Required employees for the contract and each position.

V. Responsibilities of soliciting entity

Estimate the ability to provide working conditions and supporting officers of the soliciting entity, documents related to consultants’ tasks, including existing research documents in order to enable the bidder to perform their tasks.

Part Three

...

...

...

Chapter IV

GENERAL CONDITIONS

Article 1. Interpretation of terms

In this contract, the terms below are construed as follows:

1. “Contract” means a written agreement between the investor and the contractor, including appendices and enclosures.

2. “Contractual price” means the total amount agreed by the investor and the contractor under the contract.

3. “The investor” is the organization mentioned in “Specific conditions”

4. “The contactor” is the organization that provides consulting services for investor as prescribed in this contract and “Specific conditions”

5. “Subcontractor” means the contractor that signs a contract with the main contractor to perform part of the tasks mentioned in the proposal.

...

...

...

7. “Days” mean sonar calendar days, including weekends and public holidays.

8. “Other expenses” mean every expense relevant to consulting services in addition to consultants’ salaries.

Article 2. Applied law and language

1. Applied law is Vietnam’s law.

2. The language of the contract is Vietnamese, unless otherwise prescribed in “Specific conditions”.

Article 3. Use of documents and information about the contract

1. Documents and information that are contractor’s products within the scope of this Contract are under the ownership of the investor, unless otherwise prescribed in “Specific conditions”. The contractor may keep copies of such documents and information, but must not use them for other purposes without written consent of the investor.

2. The contractor must not reveal the contents of the contract signed with the investor to any person that is not relevant to the contract execution without the investor’s prior consent in writing. The contractor’s provision of information for persons relevant to contract execution must ensure confidentiality and not exceed the scope of the contract.

Article 4. Copyright

...

...

...

Article 5. Type of contract

The type of contract is specified in “Specific conditions”.

Article 6. Payment

1. The investor shall pay the contractor in accordance with “Specific conditions”.

2. If the investor fails to pay the contractor on schedule as prescribed in Clause 1 of this Article, the investor must pay an interest to the contractor at the basic rate prescribed by the State bank of Vietnam for the period from the first day of late payment to the actual payment date.

Article 7. Contractual price

Contractual price is agreed by the investor and the contractor through the process of contract completion. The accepted price must be conformable with the approved bid and written on the contract.

Article 8. Contract duration

Contract duration is specified in “Specific conditions”

...

...

...

1. During contract execution, if revisions to the contract are necessary, the party that receives the request for contract revisions must consider and set out requirements for such revisions within the period mentioned in “Specific conditions” in order for both parties to negotiate and conclude appendices to the contract.

2. Adjustment to the contractual price must be suitable for the type of contract and conditions in Article 5 of “Specific conditions”.

3. Contract schedule may only be changed in the following cases:

a) An force majeure event occurs without being related to the investor’s or the contractor’s mistakes/violations;

b) The tasks are changed because of objective requirements and thus affect the contract schedule.

4. Regulations of law on tax are changed during the contract execution and affect the contractual price. In this case, the investor and the contractor shall consider increasing/decreasing the contractual price accordingly.

5. The investor and the contractor shall make change to the contract schedule if such change does not lead to a delay to project completion. If such change leads to a delay to project completion, the investor and the contractor may only make such change if it is permitted by a competent person.

Article 10. Employees

1. The contractor must assign all consultants to perform the tasks proposed in the proposal, unless otherwise agreed by the investor. If replacement of an employee is necessary as prescribed in Section 10 of Chapter I, it must be accepted by the investor. The replacement must have equivalent or better experience and capacity than the replaced person.

...

...

...

Article 11. Rights and obligations of the contractor

1. The contractor is entitled to:

a) Request the investor to provide information and documents relevant to provision of consulting services;

b) Refuse to perform unreasonable tasks beyond the scope of the Contract;

c) Have the copyright protected by law (if any);

d) Request the investor to pay on schedule as prescribed in Article 6 of this Chapter.

2. The contractor is obliged to:

a) Take responsibility for the quality of their consulting products;

b) Submit reports and documents in accordance with the quantity and time prescribed in the Contract. The contractor must provide the investor with information related to the consulting tasks that may delay or hinder the fulfillment of tasks according to the schedule and offer solutions;

...

...

...

d) The contractor or subcontractor shall make a commitment to appoint competent and capable representative to settle outstanding issues at the request of the investor at any time (including days off) until the consulting products are accepted;

dd) Provide documents serving meetings, reporting, and evaluation at the request of the investor;

e) Collect necessary information serving performance of consulting tasks under the Contract.

Article 12. Subcontractor

1. The contractor may sign contracts with subcontractors on the list of subcontractors mentioned in “Specific conditions” to perform part of the tasks mentioned in the proposal. The employment of subcontractors does not affect the contractors’ duties. The contractor is still responsible to the investor for the amount, quantity, punctuality of the works done by subcontractors.

Replacement and addition of subcontractors beyond the list mentioned in “Specific conditions” is subject to permission by the investor.

2. Values of works done by subcontractors prescribed in Clause 1 of this Article must not exceed the ratio (%) of contractual price mentioned in “Specific conditions”.

3. The contractor must not employ subcontractors to perform tasks other than those mentioned in the proposal.

4. Other requirements applied to subcontractors are specified in “Specific conditions”.

...

...

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1. Unless in force majeure events prescribed in Article 16 of this Chapter, if the bidder does not perform part or all or the tasks under the contract by the deadline, the investor may deduct a compensation from the contractual price, which is a proportion (%) of delayed tasks, for every week behind schedule (or another period as agreed) until such tasks are fulfilled. The maximum deduction is specified in “Specific conditions”. When the deduction reaches the maximum level, the investor may consider terminating the contract as prescribed in Article 14 of this Chapter.

2. With regard to procurement of consulting services on making design documents, estimates, request for proposals for construction and installation contracts in the form of all-inclusive contract, the contractor is responsible for the accuracy of the quantity of construction and installation works. If such quantity is incorrectly calculated, the contractor shall pay compensation as prescribed in “Specific conditions”.

Article 14. Contract termination on account of the contractor

1. If the contractor fails to perform their tasks as prescribed in “Specific conditions”, the investor may partially or fully terminate the contract by sending a written notification to the contractor.

2. The investor may send the notification of contract termination to the contractor when finding that the contractor goes bankrupt without having to pay any compensation. Such contract termination does not affect the investor’s benefits prescribed by law and the contract.

3. If the investor partially or fully terminates the contract as prescribed in Clause 1 of this Article, the investor may sign a contract with another contractor to execute that terminated part of the contract. The contractor shall pay compensation to the investor for extra expenditures on execution of the terminated part of the contract. However, the contractor must keep executing the part of the contract that is not terminated.

Article 15. Contract termination on account of the investor

If the investor fails to perform their tasks as prescribed in “Specific conditions”, the contractor may partially or fully terminate the contract by sending a written notification to the investor.

Article 16. Force majeure events

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2. Upon occurrence of a force majeure event, the affected party must promptly send a written notification to the other party of such event and the cause of such event together with a confirmation of the force majeure event issued by a competent authority in the area where the event occurs.

While the contractor is not able to provide services because of the force majeure event, the contract shall follow the investor’s instructions to fulfill any contractual obligation possible and take every measure to perform the tasks that are not affected by the event. In this case, the investor shall consider reimbursing the contractor for the reasonable costs they incur.

3. The party that fails to fulfill their tasks because of the force majeure event shall not be required to pay damages, not incur penalties, and not have the contract terminated.

Any dispute between the parties because of the force majeure event shall be settled in accordance with Article 17 of this Chapter.

Article 17. Dispute settlement

1. The investor and the contractor shall settle every dispute between them through negotiation.

2. With regard to disputes that cannot be settled through negotiation by the deadline prescribed in “Specific conditions”, either party is entitled to request settlement under the mechanism prescribed in “Specific conditions”.

Article 18. Notification

1. Every notification sent by a party to the other must be made in writing and sent to the address provided in “Specific conditions”.

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Chapter V

SPECIFIC CONDITIONS

Article

Clause

Contents

1

3

Investor’s name: ______________

4

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6

Effective date of contract: _______________

 [depending on the nature of the procurement e.g. “This contract comes into force from the day on which it is signed by both party]

2

2

Language: _____________ [the same language as that of the request for proposals if not Vietnamese].

3

1

Use of documents and information about the contract: __________ [insert other regulations (if any)]

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Type of contract: _______________ [insert the type of contract conformable with approved contractor selection plan]

6

1

- Method of payment: ____________________

 [Payment may be made in cash, letter of credit, or wire transfer depending on the nature and requirements of the procurement. If deposit payment to the contractor is required, the deposit amount, period, and method of returning deposit must be specified in accordance with law].

- Currency and payment deadline

Currency: __________ [the currency written must be consistent with that in the bid-envelope and the concluded contract]

Payment deadline: __________ [Payment may be made immediately or after a certain period of time after the bidder presents all necessary documents. Documents serving payment must be specified].

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Contract duration: ____________ [insert time necessary for contract execution that is conformable with Section 1 Chapter I and the result of contract completion]

9

1

Time for responding to request for contract revisions (made by the investor or the contractor) and time for responding: ___________ [specify the number of days from receipt of the request]

2

Contact revisions: ______________ [In case of an all-inclusive contract, the outcomes and contractual prices must not be changed. In case of a fixed term contract or reasonable additional of tasks beyond the request for proposals, the scope must be specified as prescribed by law].

10

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Time limit for employees replacement: ___________ [specify the number of days from receipt of the request from the investor].

12

1

List of subcontractors: ____________ [insert the list of subcontractors that is consistent with the list in the proposal].

2

Total value of works done by subcontractor must not exceed: __________ of contractual price [the percentage inserted must suit the scale and characteristics of the procurement].

4

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13

1

Deduction: ________% per week (or day, month, etc.)

 [insert specific the % deducted from the delayed tasks depending on the nature and requirements of the procurement].

Maximum deduction: _______%

2

Compensation rate: _______________

14

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Contract termination on account of the contractor: ____________

 [specify the contractor’s violations that lead to contract termination by the investor e.g. the contractor fails to provide key employees mentioned in the request for proposal or the replacements do not have equivalent capacity and experience].

15

Contract termination on account of the investor: __________

 [specify the contractor’s violations that lead to contract termination by the contractor]

17

2

Dispute settlement: _________ [specify the time and method for setting disputes, including time for sending request for dispute settlement, agency in charge of dispute settlement, cost of dispute settlement, etc. It is recommended that dispute be settled by arbitration].

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1

Mailing addresses:

- Investor’s mailing address: ______________

Phone number: _______________

Fax: ____________________________

E-mail: __________________________

- Contractor’s mailing address: ______________

Phone number: _______________

Fax: ____________________________

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Chapter VI

SAMPLE CONTRACT

The consulting service contract might be an all-inclusive or fixed-term contract depending on the nature and requirements of the contract.

If a contract has one or some subcontracts, the investor shall apply the all-inclusive contract or fixed-term contract form.

The general conditions must not be changed, specific conditions must be made as instructed by the italic text.

Form No. 13

CONSULTING SERVICE CONTRACT

 (for all-inclusive contract)

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Contract number : _______

Procurement: _________ [insert name of procurement]

Project: _________ [insert name of project]

- Pursuant to____________ [Civil Code No. 33/2005/QH11 dated June 14, 2005 of the National Assembly];

- Pursuant to^1___________ the Law on Bidding No. 43/2013/QH13 dated November 26, 2013 of the National Assembly];

- Pursuant to^1_________________ [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];

- Pursuant to Decision No. _______ dated ________ on approval for result of direct contracting for ___________ [insert name of procurement] and Notification of direct contracting result No. __________ dated ____________ issued by the soliciting entity;

- Pursuant to the contract completion record signed by the investor and appointed contractor on ___________ ;

Representatives for the parties to which contract include:

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Investor’s name: ______________

Representative: Mr./Mrs. ___________________________________________________

Position: __________________________________________________________________

Address: ___________________________________________________________________

Phone number: ________________________________________________________________

Fax: _____________________________________________________________________

E-mail: ___________________________________________________________________

Account number: ________________________________________________________________

TIN: _______________________________________________________________

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Contractor

Contractor’s name: ____________________

Representative: Mr./Mrs. ___________________________________________________

Position: __________________________________________________________________

Address: ___________________________________________________________________

Phone number: ________________________________________________________________

Fax: _____________________________________________________________________

E-mail: ___________________________________________________________________

Account number: ________________________________________________________________

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Letter of authorization No. _________ dated [in case of authorization]

Both parties agree to conclude a consulting service contract with the following contents:

Article 1. Subjects of contract

Subjects of this contract are the services enumerated in Appendix A “Terms of reference”.

Article 2. Contract documents

Contract documents include:

1. The written contract;

2. Contract appendices including terms of reference, contractor’s employees, contractor’s responsibility for reporting;

3. Contract conclusion record;

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5. Both parties’ agreement on conditions of the contract, including general conditions and specific conditions;

6. The proposal and clarifying documents thereof provided by the contractor;

7. Request for proposals and supplementing, additional documents thereof;

8. Relevant documents.

Article 3. Responsibilities of the contractor

1. Fulfill the duties mentioned in Article 1 of this contract;

2. Appoint the employees mentioned in Appendix B “Contractor’s employees” to render services;

3. Submit reports to the investor properly and on schedule as prescribed in Appendix C “Contractor’s responsibility for reporting”;

4. Fulfill all duties and obligations mentioned in “General conditions” and “Specific conditions” of the contract.

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1. Pay the contractor according to the contractual price and method of payment prescribed in Article 6 of this contract; fulfill all duties and obligations mentioned in “General conditions” and “Specific conditions” of the contract.

2. Appoint Mr./Mrs. ______________ as the investor’s assistant to coordinate activities under this contract.

Article 5. Contractual price, method of payment, and payment deadline

1. Contractual price: ________________ [insert a value in number, in words, and currency. If the contractual price consists of multiple currencies, the value in words and in number of each currency must be written e.g. “USD 5 million + VND 10 billion (five million US dollars and ten billion Vietnam dong)”] This amount is inclusive of all expenses, interest, and taxes payable by the contractor.

2. Payment deadline:

________________ [insert a value/percentage and currency] when the contract comes into force (if deposit is paid).

________________ [insert a value/percentage and currency] when the investor receives and accept the draft report made by the contractor.

________________ [insert a value/percentage and currency] when the investor receives and accept the final report.

Total amount payable: ____________________ [insert value and currency]

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3. Method of payment:

The method of payment is specified in Article 6 of “Specific conditions”

Article 6. Type of contract

This contract is an all-inclusive contract.

Article 7. Contract duration

 [specify the contract duration that is conformable with Section 1 Chapter 1 and the result of contract completion process].

Article 8. Effect of contract

1. This contract comes into force from ____________ [insert effective date of the contract which is conformable with Clause 6 Article of “Specific conditions”].

2. The contract expires when it is finalized by both parties as prescribed by law.

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

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

APPENDICES

Appendix A: Terms of reference

Appendix B: Contractor’s employees

Appendix C: Contractor responsibility for reporting

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CONSULTING SERVICE CONTRACT

 (for fixed-term contract)

 [Location and date]

Contract number : _______

Contract: _________ [insert name of procurement]

Project: _________ [insert name of project]

- Pursuant to ____________ [Civil Code No. 33/2005/QH11 dated June 14, 2005 of the National Assembly];

- Pursuant to^1__________ [the Law on Bidding No. 43/2013/QH13 dated November 26, 2013];

- Pursuant to^1_________________ [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];

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- Pursuant to the contract completion record signed by the investor and successful bidder (contractor) on ___________ ;

Representatives for the parties to which contract include:

Investor

Investor’s name: ______________

Representative: Mr./Mrs. ___________________________________________________

Position: __________________________________________________________________

Address: ___________________________________________________________________

Phone number: ________________________________________________________________

Fax: _____________________________________________________________________

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Account number: ________________________________________________________________

TIN: _______________________________________________________________

Letter of authorization No. _________ dated [in case of authorization]

Contractor

Contractor’s name: ____________________

Representative: Mr./Mrs. ___________________________________________________

Position: __________________________________________________________________

Address: ___________________________________________________________________

Phone number: ________________________________________________________________

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...

E-mail: ___________________________________________________________________

Account number: ________________________________________________________________

TIN: _______________________________________________________________

Letter of authorization No. _________ dated [in case of authorization]

Both parties agree to conclude a consulting service contract with the following contents:

Article 1. Subjects of contract

Subjects of this contract are the services enumerated in Appendix A “Terms of reference”.

Article 2. Contract documents

Contract documents include:

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...

2. Contract appendices, including terms of reference, cost estimate, list of contractor’s employees, contractor’s responsibility for reporting;

3. Contract conclusion record;

4. Decision on approval for contractor selection result;

5. Both parties’ agreement on conditions of the contract, including general conditions and specific conditions;

6. The proposal and clarifying documents thereof provided by the contractor;

7. Request for proposals and supplementing, additional documents thereof;

8. Relevant documents.

Article 3. Responsibilities of the contractor

1. Fulfill the duties mentioned in Article 1 of this contract;

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3. Arrange employees and estimate costs mentioned in Appendix C “Contractor’s responsibility for reporting";

4. Fulfill all duties and obligations mentioned in “General conditions” and “Specific conditions” of the contract.

Article 4. Responsibilities of the investor

1. Pay the contractor according to the contractual price and method of payment prescribed in Article 6 of this contract; fulfill all duties and obligations mentioned in “General conditions” and “Specific conditions” of the contract.

2. Appoint Mr./Mrs. ______________ as the investor’s assistant to coordinate activities under this contract.

Article 5. Contractual price, method of payment, and payment deadline

1. Contractual price: ________________ [insert a value in number, in words, and currency. If the contractual price consists of multiple currencies, the value in words and in number of each currency must be written e.g. “USD 3 million + VND 7 billion (three million US dollars and seven billion Vietnam dong)”] This amount is inclusive of all expenses, interest, and taxes payable by the contractor, particularly:

- Remunerations for consultants:

The investor shall pay the contractor as agreed in Appendix C (one of the three methods).

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The investor shall pay the contractor a maximum amount of ___________ [insert value and currency] to cover the following expenditures:

+ Costs of business trip (traveling expense, allowance for business trip and accommodation), stationery, photocopying, printing documents, and communications. These costs will be reimbursed and must be confirmed by the investor;

+ Other costs approved by the investor.

2. Payment deadline and method of payment:

Payment deadline and method of payment are specified in Article 6 of “Specific conditions”.

Article 6. Timesheet

During the working period, including business trips, the investor will fill the timesheet or another document to determine working time of the contractor.

Article 7. Type of contract

This contract is a fixed-term contract.

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 [specify the contract duration that is conformable with Section 1 Chapter I and the result of contract completion process].

Article 9. Effect of contract

1. This contract comes into force from ____________ [insert effective date of the contract which is conformable with Clause 6 Article of “Specific conditions”].

2. The contract expires when it is finalized by both parties as prescribed by law.

This contract is made into _____ sets with equal value. The investor shall keep ___ set(s) and the contractor shall keep ____ set(s).

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

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

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Appendix A: Terms of reference

Appendix B: Cost estimate and contractor’s employees

Appendix C: Contractor responsibility for reporting