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MINISTRY OF TRANSPORT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 01/2023/TT-BGTVT
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Hanoi, March 07, 2023
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CIRCULAR
GUIDELINES FOR PRODUCTION, APPROVAL, AND ANNOUNCEMENT OF
LIST OF PROJECTS; METHODS AND CRITERIA OF BID AND PROPOSAL EVALUATION IN
BIDDING FOR INVESTORS OF ROAD TRAFFIC SERVICE WORKS.
Pursuant to the Law on
Road Traffic dated November 13, 2008;
Pursuant to the Law on
Procurement of Vietnam dated October 26, 2013;
Pursuant to the Land
Law of Vietnam dated November 29, 2013;
Pursuant to the Law on
Investment dated June 17, 2020;
Pursuant to the
Government’s Decree No. 25/2020/ND-CP dated February 28, 2020 on elaboration of
implementation of some Articles of the Law on bidding for investors;
Pursuant to the
Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 on elaboration and
provision of guidelines for implementation of some Articles of the Law on
Public - Private Partnership Investment;
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Pursuant to
Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 on elaboration and
provision of guidelines for some Articles of the Law on Investment;
Pursuant to the
Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 on functions,
tasks, powers and organizational structure of the Ministry of Transport;
At requests of the
Director General of the Directorate for Roads of Vietnam and Director of
Department of Transport Infrastructure;
The Minister of
Transport hereby promulgates a Circular on guidelines for production, approval,
and announcement of list of projects; methods and criteria of bid and proposal
evaluation in bidding for investors of road traffic service works.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
The Circular provides
guidelines for production, approval, and announcement of list of projects;
methods and criteria of bid and proposal evaluation in bidding for investors of
road traffic service works of projects managed by the Ministry of Transport,
including:
1. Roadside stations;
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Article
2. Regulated entities
This Circular applies to organizations
and individuals engaging in selection of investors for road traffic service
works.
Article
3. Definitions
For the purposes of this
Circular, the terms below are construed as follows:
1. Road management agency
is Directorate for Roads of Vietnam or Vietnam Expressway
Authority.
2. Competent authority is
the Ministry of Transport.
Article
4. Methods of selecting investors
1. International
competitive bidding shall be carried out if the road traffic service works
fully satisfy the requirements in Article 15 of Law on Procurement.
2. National competitive
bidding for road traffic service works shall be carried out when:
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b) Projects have at least
2 investors satisfying initial requirements for capacity and experience and
there are no foreign investors applying for project execution or satisfying
initial requirements for capacity and experience in accordance with Point a
Clause 1 Article 10 hereof;
c) Projects demand
national security and defense assurance as decided by the Prime Minister in
accordance with request of the competent authority and consent of Ministry of
National Defense with regard to national defense requirements or consent of the
Ministry of Public Security with regard to security requirements.
Article
5. General provisions in bidding for investors
1. Assurance about
competitiveness in bidding, uploading of bidding information, uploading of bidding
information in a prompt manner, time requirements in investor selection process
and expenditure in investor selection process shall comply with regulations in
Decree No. 25/2020/ND-CP dated February 28, 2020 and Decree No. 35/2021/ND-CP
dated March 29, 2021.
2. Storage of information
in bidding and teams of experts shall comply with regulations in Decree No.
25/2020/ND-CP dated February 28, 2020.
Chapter
II
PRODUCTION,
APPROVAL AND ANNOUNCEMENT OF LIST OF PROJECTS
Article
6. Basis for production of list of projects
The production of list of
projects for announcement shall be based on the necessity for investment in
construction in accordance with one of the following decisions (if any):
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2. Decision of the Prime
Minister on approval for road infrastructure planning.
3. Decision of a
competent authority on approval for project with road traffic service works to
be performed.
Article
7. Documents presenting list of projects
1. The road management
agency shall produce list of projects and request the competent authority to
appraise and approve.
2. Article 7. Documents
presenting list of projects
a) Written request for
appraisal and approval for list of projects;
b) Contents of the list
of projects including: name of projects; investment goals; investment scales;
total project expenditure (m1); capital mobilization plans;
investment timeline and progress; operating period after investment stage; land
use conditions at the project site, expected land use demands; initial
requirements for capacity and experience of investors under Appendix II
attached hereto;
c) Other relevant
documents (if any).
3. Within 30 days from
the date on which adequate documents are received, the competent authority
shall appraise and approve list of projects (including initial requirements for
capacity and experience of investors).
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1. The road management agency
shall upload list of projects (including initial requirements for capacity and
experience of investors) on the National Bidding Network System and Vietnam
Public Procurement Review Journal in accordance with Points i and l Clause 1
Article 8 of the Law on Procurement to serve as the basis for determination of
number of interested investors who submit applications for project execution.
2. Contents of list of
projects to be announced include:
a) Name of projects;
investment goals and scales; total project expenditure; summary of basic
requirements of projects; investment deadline and progress; operating period
after investment stage; project execution site; land area; land conditions;
approved planning indicators;
b) Initial requirements
for capacity and experience of investors;
c) Deadline for investors
to submit applications for project execution;
d) Address, phone number,
fax number of the road management agency;
dd) Other information (if
necessary).
Article
9. Preparation and submission of application for project execution
1. An investor shall be
responsible for preparing and submitting application for project execution on
the National Bidding Network System according to information announced in
accordance with Clause 2 Article 8 hereof. An application for project execution
includes written registration for project execution; document on legal status,
capacity and experience of investor; other relevant documents (if any).
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Article
10. Initial evaluation of capacity and experience of investors
1. According to the
results of initial evaluation of capacity and experience of investors, the road
management agency shall report to the competent authority to decide investor
selection in any of the following 2 cases:
a) If there are at least
2 investors who satisfy initial requirements for capacity and experience, the
road management agency shall issue decision on application of competitive
bidding in accordance with Article 4 hereof and assign the road management
agency to act according to regulations in Article 15 of this Circular;
b) If there is only one
investor who satisfies initial requirements for capacity and experience,
according to progress in project execution, objectives of investment attraction
and other specific conditions of the project, the road management agency shall
consider extension of the deadline for application for project execution. The
extension and the extended deadline shall be considered to provide the
necessary duration for other potential investors to have opportunities to
access information and submit applications for project execution in order to
increase competitiveness, transparency, fairness and effectiveness. In case
investors satisfy requirements, they are not required to re-submit applications
for project execution. After the extension, if there are more investors who
satisfy initial requirements for capacity and experience, the regulations in
Point a, Clause 1 of this Article shall be applied. If no more investors
satisfy initial requirements for capacity and experience, the regulations in
Article 11 of this Circular shall be applied.
2. The road management
agency shall upload list of investors who satisfy initial requirements for
capacity and experience on the National Bidding Network System or announce the
conclusion of announcement of the list of projects in case there is no any
investor who satisfies initial requirements for capacity and experience.
Article
11. Investor approval
1. The road management
agency shall produce and approve application for investor approval according to
Form under Appendix III attached hereto, including determination of
compensations, support and relocation costs for projects (m2), minimum payment
to state budget (m3) in accordance with Article 16 and Article 17 hereof.
2. Application for
investor approval shall be issued to investor who satisfies initial
requirements for capacity and experience. The investor shall prepare and submit
a proposal for investor approval according to the application for investor
approval.
3. The road management
agency shall evaluate the proposal for investor approval according to
evaluation criteria under the application for investor approval. During
evaluation process, the road management agency may ask the investor to clarify
or amend necessary information of the proposal for investor approval.
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5. According to the
bidding results of the procuring entities, the road management agency shall
approve the results of investor approval that satisfy Points b, c, d, and dd
Clause 1 Article 33 of the Law on Investment.
Chapter
III
INVESTOR
SELECTION PLAN
Article
12. Formulation of investor selection plan
1. Basis for formulation
of investor selection plan:
a) Decision on approval for
investment policies (with regard to projects subject to approval for investment
policies under regulations of investment laws) or Decision on approval for list
of projects (with regard to projects not subject to approval for investment
policies under regulations of investment laws).
b) Decision on approval
for application of competitive bidding;
c) Other relevant
documents (if any).
2. According to
regulations in Clause 1 of this Article, the procuring entity shall submit the
investor selection plan to the road management agency for approval. An
application for approval for the investor selection plan includes:
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b) Progress checklist for
activities in investor selection process according to form under Appendix I
attached hereto;
c) Attached documents,
which include photocopies as the basis for formulation of the investor
selection plan specified in Clause 1 of this Article.
Article
13. Contents of investor selection plan
1. Name of projects.
2. Total project
expenditure, compensations, support and relocation costs, land levies, land
rents estimated (if any) or costs for land clearance and expropriation paid by
the State.
3. Form and method of
selecting investors
a) Investor selection
form: competitive bidding;
b) Investor selection
method: single-stage and one-envelope bidding procedure or single-stage and
two-envelope bidding procedure under regulations in Article 28 or Article 29 of
Law on Procurement.
4. Starting date of
investor selection shall begin from the date on which bidding documents and
applications are issued and shall be specified by the month or quarter.
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6. Duration of contract
refers to the number of years or months starting from the effective date of the
contract to the date on which the parties fulfill their obligations under the
contract.
Article
14. Appraisal and approval for investor selection plan
The road management
agency shall appraise and approve the investor selection plan.
Chapter
IV
COMPETITIVE
BIDDING FOR INVESTORS
Section
1. DETAILED PROCEDURES
Article
15. Detailed procedures
Detailed procedures for
competitive bidding for investors shall be similar to procedures for
competitive bidding for investors of investment projects involving land use
under Article 46 of Government's Decree No. 25/2020/ND-CP .
Section
2. PREPARATION FOR INVESTOR SELECTION
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1. The road management
agency shall be cooperate with the competent People’s Committees in
determination of compensations, support and relocation costs (m2) of projects
that have not been granted land clearance in accordance with land laws.
If the land has been
completely expropriated by the State before bid invitation for selection of
investors, the value (m2) shall be determined by the payments for land
clearance made by the State. The successful investors shall reimburse these
payments to the State as agreed upon in the contract.
2. Compensations, support
and relocation costs of the land area that requires clearance (m2) shall be
determined according to regulations in Point i Clause 2 Article 47 of
Government’s Decree No. 25/2020/ND-CP dated February 28, 2020.
Article
17. Establishment of minimum payment to state budget (m3)
1. The road management
agency shall make plan for establishment of minimum payment to state budget
(m3) according to information provided by the competent People's Committees of
provinces under guidance in Clause 3, Section 1, Appendix VIII Circular No.
09/2021/TT-BKHDT dated November 16, 2021 of the Ministry of Planning and
Investment on provision of guidelines for selection of investors executing
public-private partnership (PPP) projects and investment projects
involving land use (hereinafter referred to as “Circular No.
09/2021/TT-BKHDT”).
2. Minimum payment to state
budget (m3) shall be determined according to the following formula:
m3 = n x (m : 49)
Where:
n: estimated operating
period according to regulations in Point b Clause 2 Article 7 hereof.
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If the reference land
area or land fund as prescribed in Section 3, Appendix VIII issued together
with Circular No. 09/2021/TT-BKHDT cannot be identified or the provincial-level
administrative unit where the project is implemented does not have the land
area or land fund that satisfies similar conditions for location, the road
management agency shall consider and decide the method of identifying scope and
area to select the reference land area or land fund and K coefficient according
to Section 5 Appendix VIII of Circular No. 09/2021/TT-BKHDT. In this case, the
written request for approval for bidding document shall provide details of the
method of identifying the reference and similar land area/fund, input
indicators corresponding to the selected method and reasons for the
competent authority to consider, decide and ensure compliance with regulations
of Decree No. 25/2020/ND-CP .
The determination of
value (m3) shall comply with regulations of the Land Law and relevant documents
to identify type of land corresponding to service works.
This value (m3) is only
relative, serves as the basis for investors to propose payment to state budget,
and is separate from land rent incurred by investors in accordance with land
laws.
3. If the road management
agency does not have enough grounds to determine the value (m3), the road
management agency shall consider and decide selection of consulting units with
sufficient experience and expertise to determine the value (m3).
Article
18. Production of bidding documents
1. Basis for production
of bidding documents
a) Decision on approval
for investment policies (with regard to projects subject to approval for
investment policies under regulations of investment laws) or Decision on
approval for list of projects (with regard to projects not subject to approval
for investment policies under regulations of investment laws).
b) Decision on approval
for the investor selection plan;
c) Applicable regulations
on road traffic, land, investment, construction and relevant law provisions.
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3. The bidding documents
shall be produced according to regulations in Appendix IV issued together with
this Circular. Bidding documents shall not specify any conditions that restrict
the investors’ participation or give investor or investors advantages, thereby
causing unhealthy competition and violations against regulations on bidding.
Article
19. Bid evaluation criteria and methods
Bid evaluation are
specified via evaluation criteria under bidding documents, including:
1. According to initial
requirements for capacity and experience approved in accordance with Appendix
II attached hereto, criteria and method of evaluating capacity and experience
shall be updated or added (if necessary). In case of joint bidding, capacity
and experience of investors shall equal total capacity and experience of joint
bidding members; investors who lead the joint bidding shall have a minimum
capital ownership of 30% while each other member shall have a minimum capital
ownership of 15% in the joint bidding.
2. Criteria and methods
of technical evaluation:
a) Technical evaluation
criteria: propositions of investors regarding plans and methods of executing
projects; propositions of investors regarding methods of operating, managing
and providing road traffic services.
Propositions of investors
regarding plans and methods of executing projects, including: proof of
knowledge about current conditions; productivity growth forecast; objectives of
projects according to approved planning (if any); project scale, design
methods; technical and technological methods of projects; project plans and
execution progress, construction period; methods of mitigating environmental
impacts; regarding projects that have not been granted land clearance,
investors shall prepare plans for cooperation with the road management agency
in cooperation with the competent People’s Committees in order to perform land
clearance and complete procedures for land according to regulations of the law;
plans for connection between traffic infrastructures, technical infrastructures
(water drainage, environment) of the projects and general infrastructures of
areas; production of architecture plans and general premise layout drawing of
1/500 scale for the project site to ensure clarity, in accordance with the
bidding documents and the specialized regulations on road traffic that use
expenditure of investors; methods of firefighting and fire safety; security,
traffic safety, methods, measures and equipment for firefighting and fire
safety; organization of management apparatus of fire safety and firefighting
system according to regulations; operating period after investment stage.
Propositions of investors
regarding methods of operating, managing and providing road traffic services
including: methods of fulfilling business conditions (if any) or providing road
traffic services in accordance with road traffic laws; methods of operating,
managing and providing services of investors that meet objectives, strategies,
planning and plans for development road traffic system and infrastructure of
areas; methods of cooperating with the road management agency during provision
of road traffic services of investors, ensuring security and traffic safety;
methods of supervising in order to ensure stable, continuous and quality
according to regulations.
b) Technical evaluation
methods:
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Score percentages under
Point a of this Clause shall be specific and appropriate for each project and
add up to 100%.
3. Financial evaluation
criteria and methods:
a) Financial evaluation
criteria include criterion regarding total project expenditure (M1); criterion
regarding compensation, support and relocation costs (M2); criterion regarding
investment effectiveness (M3).
M1 refers to total
project expenditure proposed by investor in the bid according to
m1 determined under bidding document;
M2 refers to
compensation, support and relocation costs for project that has not been granted
land clearance proposed by investor in bid according to (m2) determined under
bidding document. If the land has been completely expropriated by the State
before bid invitation for selection of investors, the value (M2) = (m2) is a
value that the successful investor shall reimburse to the State according to
the payments made the State for land clearance and expropriation.
In case compensation,
support and relocation costs according to method for compensation, support and
relocation approved by the competent People’s Committees are lower than M2, the
difference will be submitted to state budget; in case compensation, support and
relocation costs according to method for compensation, support and relocation
approved by the competent People’s Committees are higher than M2, investor
shall incur the difference which will be included in investment capital of the
project.
Compensation, support and
relocation costs to be incurred by the investor shall be deducted by the
competent People's Committee according to the approved method to investor’s
obligations to state budget under bidding document and regulations of the law.
M3 refers to
monetary payment to state budget proposed by an investor under bid within the
operating period according to progress and method of payment specified in
bidding document, in addition to investor’s obligations to state budget as per
land laws and applicable laws.
b) Financial evaluation
methods:
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Investor’s proposed total
project expenditure (M1) shall not be lower than m1 (M1 ≥ m1);
compensation, support and relocation costs (M2) shall not be lower than
m2 (M2 ≥ m2) for project that has not been granted land clearance. If
the land has been completely expropriated by the State before bid invitation
for selection of investors, the value (M2) = (m2) is a value that the
successful investor shall reimburse to the State according to the payments made
the State for land clearance; monetary payment to state budget in addition to
investors’ obligations to state budget under applicable laws (M3) shall not be
lower than minimum payment m3 (M3 ≥ m3); the investor that has the highest
payment (M3) shall be ranked first and
considered for winning the bid according to relevant regulations of this
Circular. If various investors have the same payment (M3), the investor whose
technical bid is granted the highest score shall be considered to be
selected.
Section
3. ORGANIZATION OF SELECTION OF INVESTORS
Article
20. Requirements for issuance of bidding documents
Bidding documents shall
only be issued to select investors when requirements under Clause 2 Article 7
of the Law on Procurement are satisfied.
Article
21. Bid invitation, issuance, revision and clarification of bidding documents;
extension of deadline for bid submission
Bid invitation, issuance,
revision and clarification of bidding documents; extension of deadline for bid
submission shall comply with regulations in Article 51 of Decree No.
25/2020/ND-CP (amended by Clause 11 Article 89 of Decree No. 35/2021/ND-CP).
Article
22. Preparation, submission, receipt, management, revision, replacement and
withdrawal of bids
Preparation, submission,
receipt, management, revision, replacement and withdrawal of bids shall comply
with regulations in Article 51 of Decree No. 25/2020/ND-CP (amended by Clause
11 Article 89 of Decree No. 35/2021/ND-CP).
Article
23. Opening of technical proposal dossiers
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Article
24. Bid evaluation rules
Bid evaluation rules
shall comply with regulations in Article 51 of Decree No. 25/2020/ND-CP
(amended by Clause 11 Article 89 of Decree No. 35/2021/ND-CP).
Article
25. Bid clarification rules
Bid clarification rules
shall comply with regulations in Article 51 of Decree No. 25/2020/ND-CP
(amended by Clause 11 Article 89 of Decree No. 35/2021/ND-CP).
Section
4. TECHNICAL PROPOSAL DOSSIER EVALUATION
Article
26. Technical proposal dossier evaluation
The technical proposal
dossier evaluation shall comply with regulations in Article 52 of Decree No. 25/2020/ND-CP
(amended by Clause 12 Article 89 of Decree No. 35/2021/ND-CP)
Article
27. Appraisal and approval for list of investors who meet technical
requirements
Appraisal and approval for
list of investors who meet technical requirements shall comply with regulations
in Article 53 of Decree No. 25/2020/ND-CP (amended by Clause 13 Article 89 of
Decree No. 35/2021/ND-CP).
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Article
28. Opening of technical proposal dossiers
1. Financial proposal
dossiers of investors named under list of investors who meet technical
requirements shall be opened publicly in time and location specified under
notice on list of investors who meet technical requirements Record of bid
opening shall be sent to participating investors.
2. Representatives of
procuring entities shall countersign original copy of letter of bids, power of
attorney of legal representatives of investors (if any); joint bidding
agreements (if any); bid security; and significant contents of each financial
proposal dossier.
Article
29. Evaluation of financial proposal dossiers
1. Inspection of
legitimacy of financial proposal dossiers:
a) Inspect the number of original
copies and photocopies of financial proposal dossiers;
b) Inspect compositions
of financial proposal dossiers, including: Letter of bid in financial proposal
dossiers; other compositions in financial proposal dossiers;
c) Inspect consistency
between original copies and photocopies to make detail evaluation of financial
proposal dossiers.
2. Evaluation of
legitimacy of financial proposal dossiers:
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a) Have original copies
of financial proposal dossiers;
b) Have legitimate letter
of bid in financial proposal dossiers;
c) Value specified in
letter of bid shall be specific, in both number and letter, appropriate,
logical, consistent for the same content and shall not be accompanied by any
condition that puts the competent authority or the procuring entity at a
disadvantage (including: total project expenditure proposed by investors (M1);
compensations, support, and relocation costs proposed by investors (M2) for
projects that have not been granted land clearance; proposed payment to state
budget, in addition to investors’ obligations to the state budget according to
applicable laws (M3); proposed increase in monetary payment to state budget in
addition to investors’ obligations to state budget as per applicable laws, (if
any));
d) Effect of financial
proposal dossiers which satisfy requirements of bidding documents.
3. Investors who have
legitimate financial proposal dossiers will be evaluated in detailed manner in
terms of finance. Detail evaluation of financial proposal dossiers and ranking
of investors shall adopt methods and follow criteria under bidding documents.
4. After carrying out bid
evaluation, expert groups shall make and send reports to procuring entities for
consideration and approval The reports must include the following contents:
a) List of investor
ranking;
b) List of unqualified
and eliminated investors; reasons for elimination of investors;
c) Remarks about
competitiveness, equality, transparency and economic effectiveness during
selection of investors. If competitiveness, equality, transparency or economic
effectiveness is not guaranteed, specify the reason and propose solutions.
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Article
30. Rules for consideration for contract award
An investor will be
proposed to be selected if he/she fully meets the following conditions:
1. Having legitimate bid.
2. Having capacity and
experience that satisfy requirements.
3. Having technical
proposal that satisfies requirements.
4. Having proposed
winning bid whose components satisfy the following requirements:
a) Proposed total project
expenditure (M1) shall not be lower than m1 approved under bidding document;
b) Proposed
compensations, support and relocation costs for projects (M2) shall not be
lower than (m2) determined under bidding document.
c) Proposed monetary
payment to state budget in addition to investors’ obligations to state budget
as per applicable laws (M3) shall not be lower than minimum payment (m3) and be
the highest among others;
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dd) If investors’
technical bids are satisfactory and M3 are not lower than m3, such investors
shall be included in the negotiation list from lowest score to highest score
specified in Article 32 of this Circular.
Section
6. SUBMISSION, APPRAISAL, APPROVAL AND PUBLICIZING OF RESULT OF INVESTOR
SELECTION; NEGOTIATION, COMPLETION AND SIGNING OF CONTRACTS
Article
31. Submission, appraisal, approval and publicizing of the result of investor
selection
1. Submission, appraisal
and approval for the result of investor selection shall be carried out as
follows:
a) According to reports
on the results of bid evaluation, procuring entities shall submit the results
of investor selection and state their remarks about evaluation of expert
groups;
b) Investor selection
results shall be appraised according to regulations in Article 36 of this
Circular before approval;
c) Investor selection
results shall be approved in writing according to the written presentation for
approval and reports on appraisal of investor selection results.
2. If successful
investors are selected, written approval for investor selection results shall
include:
a) Name of projects;
objectives and investment scale of projects;
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c) Project progress;
d) Location of projects,
land rent area, land rent period;
dd) Operating period
after investment stage;
e) Total project
expenditure (excluding compensations, support, relocation costs and land rent);
g) Total payment to state
budget proposed by investors according to progress and methods in bidding
documents;
h) Other relevant
contents (if any).
3. In case of
cancellation according to Clause 1 Article 17 of the Law on Procurement,
state the reason for cancellation and responsibilities of relevant parties in
case of cancellation in the written approval for investor selection results or
decision on cancellation.
4. After obtaining
written approval for investor selection results, procuring entities shall
upload investor selection results under Clause 2 and Clause 3 Article 5 hereof
and send written notification of investor selection results to participating
investors within the time limit under Clause 3 Article 4 hereof. The
notification of investor selection results must include:
a) Information under
Clause 2 of this Article;
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c) Plans for negotiation,
completion and signing of contracts with selected investors.
5. After obtaining
decisions on approval for investor selection results, investors shall establish
project enterprises to execute the projects or execute the projects by
themselves. Organization, management, operation and dissolution of project
enterprises shall comply with regulations and law on enterprises, investment
and project contracts.
Article
32. Negotiation and finalization of contracts
1. According to investor
selection result, the procuring entity shall invite investor in the first rank
for negotiation and finalization of contract. If the investor fails to attend
or refuses the negotiation and finalization of contract, the investor will not
receive their bid security.
2. Negotiation and
finalization of contracts shall be implemented on the following basis:
a) Report on bid
evaluation;
b) Bids and documents that
clarify and revise bids (if any) of investors;
c) Bidding documents.
3. Rules for negotiation
and finalization of contracts
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b) Negotiation and
finalization of contracts shall not alter basic contents of the bids.
4. Contract negotiation
and finalization contents:
a) Negotiate and finalize
contents that are not sufficiently specific, clear, appropriate, or consistent between
bids and bidding documents, among different contents in bids which may result
in derivatives, disputes, or affect responsibilities of the parties in contract
execution;
b) Negotiate issues that
arise in investor selection process (if any) in order to finalize details of
the projects;
c) Negotiate construction
site handover progress; progress of payment of compensations, support,
relocation costs of projects that have not been granted land clearance and
monetary payment to state budget of investors;
d) Negotiate plans for
implementation that satisfy business conditions (if any), plans for provision
of services in accordance with regulations and law on road traffic;
dd) Negotiate
responsibilities of the parties for execution of business and project contracts
and provision of road traffic services at roads and expressways;
e) Negotiate other
necessary contents.
5. During negotiation and
finalization of contracts, the parties shall finalize draft contracts.
Investors shall not change, withdraw, or refuse to implement basic contents
proposed under their bids which have been evaluated by the procuring entities
to be qualified according to bidding documents unless changes proposed by the
investors improve the effectiveness of the projects.
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Article
33. Signing contracts and publicizing project contract information
1. Rules for contract
signing:
a) Value of signed
contracts shall comply with Clause 4 Article 30 of this Circular;
b) Project expenditure;
compensations, support, relocation costs for projects proposed by successful
investors in their bids shall be recorded in the contracts;
c) Land rents payable
determined in accordance with land laws and proposed payment to state budget of
successful investors shall equal market price at the time of renting land under
contracts; in case of changes in planning, policies or laws that affect the
rents and payment, the regulations of the law on investment, construction,
land, planning, housing and real estate business and other relevant laws shall
be applied.
2. The signing of contracts
shall comply with Articles 69, 70, 71 and 72 of the Law on Procurement.
3. Within 07 working days
from the date on which project contracts are signed, procuring entities shall
be responsible for publicizing project contracts on the National Bidding
Network System. Basic information to be publicized includes:
a) Name of project;
contract number; date of contract signing;
b) Name and address of
the Party;
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d) Objectives and scales
of project;
dd) Project progress;
e) Location of project,
land rent area, land rent period;
g) Total project
expenditure (excluding compensations, support, relocation costs and land rent);
h) Operating period after
investment stage;
i) Other relevant
contents (if any).
Article
34. Project execution
After the contract is
signed, the successful investor or project enterprise shall:
1. Cooperate with local
land authorities in completion of procedures for land expropriation, methods
for compensation, support and relocation under regulations of land laws for
projects that have not been granted land clearance or pay the value (M2) for
projects that have been granted land clearance by the State under the contract.
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3. Cooperate with the road
management agency in completion of procedures for land expropriation or allocation and
other necessary procedures according to regulations of the Land Law.
4. Execute project
according to regulations of the contract, law on road traffic, investment,
construction, land, planning or other relevant laws.
Chapter
V
APPRAISAL
AND ENTITLEMENT TO APPRAISAL, APPROVAL FOR INVESTOR SELECTION
Article
35. Appraisal of bidding documents
Dossiers and contents of
appraisal of bidding documents shall be similar to appraisal of bidding
documents for selection of investors according to regulations in Clause 2
Article 75 of Decree No. 25/2020/ND-CP dated February 28, 2020.
Article
36. Appraisal of list of investors who meet technical requirements and investor
selection results
Dossiers and contents of
appraisal of list of investors who meet technical requirements and investor
selection results shall be similar to appraisal of list of investors who meet
technical requirements and investor selection results according to regulations
in Clause 3 and Clause 4 Article 76 of Decree No. 25/2020/ND-CP dated
February 28, 2020.
Article
37. Responsibility of the road management agency
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2. Perform tasks of the
competent authority specified in Clauses 1 and 3 of this Article; Clause 1
Article 10; Clause 5 Article 11; Clause 2 Article 12; Article 14; Clause 2
Article 17; Clause 2, Article 18, Clause 5, Article 29 of this Circular and
perform the tasks of the competent authority in signed contract, manage
operation with the successful investor during the contract execution.
3. Approve bidding
documents, list of investors who meet technical requirements and list of investor
ranking
4. Select a qualified
unit to act as the procuring entity or perform some tasks of the procuring
entity.
5. Cooperate with the
competent People's Committee in initial determination of compensations, support
and relocation costs (m2) of projects that have not been granted land clearance
in accordance with land laws, or work with management agencies that have paid
the costs to determine the value (m2) in case projects have been completely
granted land clearance according to regulations of Article 16 of this Circular;
6. Make plans for
determination of minimum payment to state budget (m3) under bidding documents
of projects specified in Article 17 of this Circular.
7. Cooperate with the
local land authorities and assign such authorities to preside over and submit
to the competent People's Committees to complete the procedures for land
expropriation, land allocation, land lease and other necessary procedures
according to regulations of land laws.
Chapter
VI
RESOLUTION
OF ISSUES AND PROPOSITIONS IN INVESTOR SELECTION
Article
38. Resolution of issues and propositions in investor selection
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Article
39. Investor selection via the National Bidding Network System
The investor selection on
the National Bidding Network System shall comply with guidelines of the
Ministry of Planning and Investment.
Chapter
VII
IMPLEMENTATION
PROVISIONS
Article
40. Entry into force
1. This Circular comes
into force as of May 01, 2023.
2. In the cases where any
of the legislative documents referred to in this Circular is amended or
replaced, the newest one shall apply
Article
41. Implementation
1. With regard to road
traffic service works under management of the People's Committees of the
provinces, the regulations of this Circular may be applied to implementation
but the regulations of the law on bidding, specialized law, law on private
investment shall be satisfied to
ensure the objectives of competitiveness, fairness, transparency and economic
efficiency.
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PP. MINISTER
DEPUTY MINISTER
Le Dinh Tho
APPENDIX 1
TRACKING
PROGRESS OF BIDDER SELECTION ACTIVITIES
(Issued together with Circular No. 1/2023/TT-BGTVT
dated March 7, 2023 of the Minister of Transport)
Item
No.
Basic
activities in bidder selection
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Actual
time of performance
Number
of days in difference
Number
of days
Total
days (cumulative)
Number
of days
Total
days (cumulative)
Number
of days
Total
days (cumulative)
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[1]
[2]
[3]
[4]
[5]
[6]
[7]
1
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Preparation of Bidding Documents
2
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3
Approval of Bidding Documents
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4
Evaluation of Bids
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5
Appraisal of bidder selection
results
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6
Approving bidder selection
results
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7
Other activities (if any)
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Notes:
- Column [1]: Details of activities
in bidder selection are built on the basis of the corresponding bidder
selection process of the project.
- Columns [2], [3]: The Employer
must determine the specific time of activities in bidder selection and submit
it to the competent authority for approval together with the bidder selection
plan as the ground for performance.
- Columns [4], [5], [6], [7]: The
Employer must update the actual performance time and compare the time
difference when submitting to the Competent Authority for approval the bidding
items to monitor the progress of procurement activities.
APPENDIX II
FORM
OF INVITATION FOR EXPRESSION OF INTEREST; PRELIMINARY REQUIREMENTS ON
QUALIFICATIONS AND EXPERIENCE OF BIDDERS REGISTERING TO PERFORM SPECIALIZED
ROAD TRAFFIC SERVICES
This Appendix includes:
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2. Preliminary request form for
qualifications and experience for bidders registering to perform specialized
road traffic services.
1. Form of invitation for
expression of interest in performing specialized road traffic service works
INVITATION
FOR EXPRESSION OF INTEREST IN PERFORMING SPECIALIZED ROAD TRAFFIC SERVICE WORKS
[Location
and date]_______________
To:
To whom it may concern
Road authority, address:
_________[insert name of province, central-affiliated city) invites interested
bidders to submit application for project performance registration ____ [insert
name of project according to the approved project list] with the following
information:
1. Investment objectives and
investment scale of the project:
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3. Summary of costs of
compensation, support, resettlement for project with site clearance undone:
______________________________
4. Investment term and progress:
____________________
5. Location of the project:
____________________
6. Land plot area:
____________________
7. Time to operate the project
after completing the investment:
____________________
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[insert specific time (date,
time), but must be at least 30 days from the date the project list is posted]
9. Contact information:
- Road Authority
- Address:
- Telephone:
- Fax:
- Other information about the
project:
_______________________________
10. Bidders interested and wishing to
register for project performance must carry out procedures to be granted
digital certificates and submit project performance registration application on
the National Procurement System.
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Representative
of the Road Authority
[insert name, title, signature and seal]
2. Form of preliminary
requirements for qualifications and experience for bidders registering to
perform specialized road traffic services
PRELIMINARY
REQUIREMENTS FOR QUALIFICATIONS AND EXPERIENCE FOR BIDDERS REGISTERING TO
PERFORM SPECIALIZED ROAD TRAFFIC SERVICES
Project’s name:
__________________________
[insert name of project stated
in the list of approved projects]
Issued together with Decision:
_______________
[insert number and date of
issuance of the decision approving the project list]
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INSTRUCTIONS
TO BIDDERS
Section 1. Invitation for
expression of interest
1. Road authority, address:
_________[insert name of province, central-affiliated city) invites interested bidders
to submit application for project performance registration ____ [insert name of
project according to the approved project list].
2. Information about the project:
Based on the approved list of
investment projects, the Road Authority summarizes information about the
project, including:
- Investment objectives and
investment scale of the project: _______________
- Preliminary total project
performance costs (excluding costs of compensation, support, resettlement, land
rent): ________________________
- Summary of costs of compensation,
support, resettlement for project with site clearance undone:
______________________________
- Costs of compensation, support,
resettlement for project with site clearance undone:
______________________________
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- Investment term and progress:
__________________
- Location of the project:
___________________
- Land plot area:
_________________________________
- The approved planning criteria:
______________
- Current status of the land:
__________________
- Time to operate the project after
completing the investment:
____________________________________
- Other information about the
project: ___________________
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___________________________
[insert specific time (date,
time), but must be at least 30 days from the date the project list is posted]
Section 2. PRELIMINARY
REQUIREMENTS FOR QUALIFICATIONS AND EXPERIENCE OF BIDDERS …
Preliminary requirements for
qualifications and experience for bidders include requirements on financial
qualifications and experience. Details are made according to Chapter II.
Section 3. PRELIMINARY
REQUIREMENTS FOR QUALIFICATIONS AND EXPERIENCE OF BIDDERS …
1. In case the bidder wants to have
their preliminary requirements on qualifications and experience clarified, the
bidder must send a request for clarification to the Road Authority in writing
or through the National Procurement System at least 05 working days before the
deadline for submitting project registration application for consideration.
2. After receiving the written
request for clarification within the stipulated time, the Road Authority shall
clarify and post it on the National Procurement System within a period of at
least 02 working days before the deadline for submitting the project
performance registration application, including a description of the inquiry
but without identifying its source In case the clarification leads to
modification of the preliminary requirements on qualifications and experience,
Section 4 of this Chapter shall prevail.
Section 4. AMENDMENTS TO
PRELIMINARY REQUIREMENTS FOR QUALIFICATIONS AND EXPERIENCE OF BIDDERS …
1. In case of modification of preliminary
requirements on qualifications and experience, the Road Authority shall post it
on the National Procurement System and decide to amend it together with the
revised contents before the deadline for submission of application for project
performance registration application at least 10 days.
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Section 5. LANGUAGE USED
The application for registration of
project performance and all documents exchanged between the Road Authority and
the bidder related to the invitation for expression of interest must be written
in the following language: ________ [Specify language used in accordance with
Article 9 of the Bidding Law].
Section 6. DOCUMENTS FOR
REGISTRATION FOR PROJECT IMPLEMENTATION AND SUBMISSION DEADLINE
1. The project performance
registration application prepared by the bidder must include the forms and
relevant documents as prescribed in Chapter III.
2. The bidder submits the
application for project performance registration on the National Procurement
System before ____(time and date) [insert the deadline for submitting the
project performance registration application, at least 30 days from the date on
which the investment project portfolio is posted].
3. The Road Authority may extend
the deadline for submitting project performance registration applications in
case of amending the preliminary requirements on bidder's qualifications and
experience as prescribed in Section 4 of this Chapter. When extending the deadline,
the Road Authority shall notify on the National Procurement System and send a
notice to all bidders who have submitted applications for project performance
registration (if any) of the deadline for submitting the applications.
SECTION 7. MODIFICATION,
REPLACEMENT OF APPLICATIONS FOR PROJECT IMPLEMENTATION REGISTRATION
After submission, the bidder can
replace or modify the application for project performance registration by
submitting additional relevant documents on the National Procurement System before
the deadline for submission of application for project performance
registration.
SECTION 8. CLARIFICATION OF
APPLICATIONS FOR PROJECT IMPLEMENTATION REGISTRATION
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SECTION 9. NOTICE OF RESULTS OF
PRELIMINARY EVALUATION OF BIDDERS' QUALIFICATIONS AND EXPERIENCE
1. After the results of preliminary
evaluation of the qualifications and experience of the bidders are available,
the Road Authority shall post the list of bidders meeting the requirements on
the National Procurement System.
2. In case there are two or more
qualified bidders, the selection of bidders will be carried out in the form of
open bidding as prescribed at Point a, Clause 1, Article 9 of this Circular.
Bidding Documents are widely released to bidders, including bidders outside the
list of bidders who meet preliminary requirements on qualifications and
experience.
Chapter
II
PRELIMINARY
REQUIREMENTS FOR QUALIFICATIONS AND EXPERIENCE OF BIDDERS
1. Evaluation method:
a) Based on the scale and nature of
the project, one of the following methods of evaluating the bidder's
qualifications and experience shall be used:
- Scoring method.
- Pass-fail system.
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b) In case of using the scoring
method, the minimum score to be evaluated as responsive must not be lower than
80% of the total score of qualifications and experience and score of each
required basic requirement is not lower than 70% of the maximum score of that
item.
2. Evaluation Criteria:
No.
Evaluation
Criteria
Requirement
I
Financial situation of the
Bidder
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1
Minimum equity of the Bidder
arranged for the project
Minimum equity the Bidder must
arrange (2): ____[insert the minimum equity required by the Bidder to arrange
by numbers and letters. The Bidder must arrange at least 30%-50% of the
total cost of project performance, depending on the nature and scale of the
mentioned project. In which, the total project performance cost is determined
by the total value of m1 and m2].
In the case of a joint venture,
the equity of the Bidder in the JV is equal to the total equity of the
members of the JV. Besides, each JV Party must meet the requirements
corresponding to the owner's contributed capital according to the JV
agreement; if any JV Party is assessed as non-conforming, the JV is assessed
as not meeting the equity requirement.
The leading Bidder of the JV must
have a minimum capital ownership ratio of 30%, each JV Party must have a
minimum capital ownership ratio of 15% in the JV.
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Minimum loan amount the Bidder
can arrange: ____ [insert minimum loan amount that the Bidder must arrange in
numbers and words. The minimum loan capital that the Bidder must arrange
from 50%-70% of the total project performance cost, depending on the nature
and scale of the mentioned project. In which, the total project performance
cost is determined by the total value of m1 and m2].
In the case of a joint venture,
this criterion is assessed according to the total value of loans that the JV
Parties can arrange.
II
The Bidder's experience in
trading and exploiting specialized road services
The Bidder or a JV Party has already
operated or operated a specialized road service under the project under
consideration and meets one of the following conditions:
- The Bidder has been granted a
service business license (if any) in accordance with the investment granted
by a competent authority at least in _ national highways and expressways
[insert the number of national highways and expressways depending on the
scale and nature of the project under consideration].
- The Bidder has operated
specialized road services under the project under consideration for at least
____ years [insert the number of years of operation of specialized road
services depending on the scale and nature of the project under
consideration].
(Depending on the scale and
nature of the project to specify one of the two conditions above)
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III
Capital conditions for
foreign Bidders providing road services
Comply with legal regulations on
investment, construction and relevant regulations of international treaties
to which Vietnam is a membe.
Notes:
(1) Based on the size, nature
and field of the project, other financial indicators can be adjusted or added
such as: net asset value, revenue, profit,..
In case the Bidder is a newly
established organization in the year, the Bidder’s financial situation is
assessed on the basis of the financial statements audited by an independent
auditor from the time of establishment to the deadline for submitting project
registration documents is up to 28 days.
(2) The Bidder’s equity is
determined on the basis of the Bidder’s financial data updated within a maximum
period of 28 days before the deadline for submitting the application for
registration of project performance and commitment to raise equity capital of
the Bidder. The Bidder must declare information, provide documents on financial
situation according to Form No. 06 of Chapter III.
Bidder’s remaining equity =
Total equity - Litigation-related expenses - Committed equity for ongoing
projects and other long-term investments (if any) - Equity to be retained in
accordance with regulations (Equity used exclusively for allocation or required
by law as to the Bidder; Equity to be retained according to special provision
requirements for as the case may be; Other equity committed to be refunded and
not used for dividend claims, etc.).
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FORMS
1. Form No. 01: Information on
Bidder and partners
2. Form No. 02: Financial situation
of the Bidder
3. Form No. 03: Commitment to
provide financial and credit for the Bidder
3. Form No. 04: The Bidder's
experience in trading and exploiting specialized road services
FORM
NO. 01
INFORMATION
ON BIDDER AND PARTNERS
I. Information on the Bidder/JV
Party (1)
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2. Country where the Bidder/JV
Party's operation is registered:
3. Year of establishment:
4. Bidder/JV's Party Legal Address
in Country of Registration:
5. Bidder/JV's Party legal
representative information:
- Name:
- Address:
- Phone number/Fax:
- Email address:
6. Expected rate of capital
contribution in the JV:
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No.
Name
of partner (2)
Country
where the operation is registered
Roles(3)
Legal
representative
Contract
or written agreement with partner(4)
1
Company 1
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2
Company 2
[Construction Contractor]
3
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[Operating Contractor/
Manager]
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Notes:
(1) Regarding JV, each JV' Party
shall declare information using this Form. The bidder must submit a copy of the
written agreement between the JV Parties on the implementation of the project,
clearly stating the expected rate of capital contribution in the JV.
Attached are copies of original
documents of: Certificate of Enterprise registration, Establishment Decision or
equivalent documents issued by competent agencies of the country where the
Bidder is operating.
(2) The Bidder shall specify the
names of the partners participating in the project performance.
(3) The Bidder clearly records
the participating role of each partner.
(4) The Bidder shall specify the
contract number or written agreement, enclosed with certified copies of such
documents.
FORM
NO. 02
FINANCIAL
SITUATION OF THE PROPOSER (1)
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2. Information on financial situation
of the Bidder/JV Party:
a) Summary of financial data(2):
Item
No.
Description
Amount
1
Owner’s equity
2
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3
Committed equity for ongoing
projects and other long-term investments (if any)
4
Owner's equity to be retained
according to regulations
5
Bidder’s remaining equity
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b) Attachment(3)
Attached are documents proving the Bidder’s
financial data updated within a maximum period of 28 days before the deadline
for submission of applications for project performance registration:
- A copy of the audited financial
statements for a period of 28 days prior to the deadline for submission of
applications for project performance registration (the Bidder can use the
annual financial statements, the interim financial statements, the statement of
owner’s equity).
The statements provided by the
Bidder must ensure compliance with the laws on finance and accounting, and
reflect the financial situation of the Bidder or JV’s Party, and not an
affiliated entity (such as parent company or subsidiary company or associate
company or JV’s Party).
- In case the period of 28 days
before the deadline for submission of applications does not coincide with the
financial statement period or the Bidder does not have audited financial
statements during this time, the Bidder must provide the latest audited
financial statement.
Besides, the Bidder must declare and
provide documents proving the change in financial data from the time of the
audit report to the time of bidding (e.g. documents proving the equity
increase). The Bidder must be responsible for the information declared in the
application. In case the declared information is found to be incorrect and
falsify the evaluation results, the Bidder may face penalities as prescribed.
- In case the Bidder is a newly
established organization in the year, the Bidder’s financial situation is
assessed on the basis of the financial statements audited by an independent
auditor from the time of establishment to the deadline for submitting
applications for project performance registration is up to 28 days.
Notes:
(1) Regarding JV, each JV' Party
shall declare information using this Form.
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(3) Based on the evaluation
criteria, the Employer may add documents that the Bidder must submit to prove
their financial situation (for example: tax finalization inspection report,
self-declaration tax form; documents proving that the Bidder has made
electronic tax declaration and finalization; written certification of tax
authorities;...).
FORM
NO. 03
COMMITMENT
TO PROVIDE FINANCE AND CREDIT FOR THE BIDDER
[Location
and date]_______________
1. I am _____ [insert name], ______
[insert position], the legal representative of _____ [insert name of
Bidder/name of JV], acknowledges and declares that the information provided in
this document is true and correct and that the accompanying documents are exact
copies of the originals.
2. The following financial and
credit sources have been committed and will be mobilized to perform the
project:
Source
of financing
Amount(1)
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1.
2.
...
II. Loan capital that the
Bidder has to mobilize:
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2.
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3. Attached documents:
- A written commitment to provide finance
from a bank or credit institution, enclosed with documents proving the
authority of the signatory.
- A written commitment to ensure
sufficient equity for the project of the representative of the owner, the owner
or the parent company, enclosed with documents proving the authority to sign
the commitment.
- Relevant documents.
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Legal
representative of the Bidder
[Full
name, position, signature and seal (if any)]
Notes:
(1) Insert the amount in numbers
and words in the bid currency.
FORM
NO. 04
THE
BIDDER'S EXPERIENCE IN TRADING AND EXPLOITING SPECIALIZED ROAD SERVICES
[Location
and date]_______________
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1. Road service business
experience:
The Bidder shall declare his/her
experience in road service business through the service business license
granted to the Bidder by a competent authority, including the following:
a) Number and date of issuance of
the service business license;
b) Name and address of the road
service provider.
c) National highways and
expressways where the service is provided.
d) The field of road services
provided.
dd) Scope of service.
2. Experience in exploiting
specialized road services:
The Bidder shall declare his/her
experience in exploiting specialized road services, including the following:
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c) National highways and
expressways where specialized road services are operated.
d) The field of specialized road
services.
dd) Scope of operation of
specialized road services.
e) Number of years of operating
specialized road services.
Legal
representative of the Bidder
[Full
name, position, signature and seal (if any)]
Notes:
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- The Proposer must provide
documents proving the declared information such as notarized copies,
certification of the competent authority/representative of the competent
authority...
APPENDIX III
REQUEST
FOR PROPOSALS
Issued together with Circular No. 1/2023/TT-BGTVT dated March 7, 2023 of the
Ministry of Transport)
REQUEST
FOR PROPOSALS
Project’s name: __________________________
[insert name of project stated
in the list of approved projects]
Issued on:
______________________
[insert the starting date of
issuance of Request for Proposals to Proposers]
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[insert number and issuing date
of decision on approval for Request for Proposals]
TABLE
OF CONTENTS
SUMMARY
ABBREVIATIONS
PART 1. REQUEST FOR PROPOSALS
PROCEDURES
Chapter I. Instructions to
Proposers
Chapter II. Evaluation and
Qualification Criteria for Proposals
Chapter III. Forms
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SUMMARY
PART 1. REQUEST FOR PROPOSALS
PROCEDURES
Chapter I. Instructions to
Proposers
This Chapter provides information
to help Proposers prepare their Proposals. Information is also provided on
preparation, submission, and evaluation of Proposals and on the award of
Contracts.
Chapter II. Evaluation and
Qualification Criteria for Proposals
This Chapter specifies the criteria
to determine the Most Advantageous Proposal.
Chapter III. Forms
This Chapter includes the forms to
be completed and submitted by the Proposer as part of its Proposal.
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This Section includes the draft
contract and forms to be submitted as part of the Contract.
ABBREVIATIONS
ITP
Instructions to Proposer
Proposal
Proposal
RFP
Request for Proposal Document
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The Procurement Law No.
43/2013/QH13
Decree No. 25/2020/ND-CP
Pursuant to the Government's
Decree No. 25/2020/ND-CP dated February 28, 2020 on elaboration of the Law on
Procurement in terms of selection of preferred bidders;
Decree No. 31/2021/NĐ-CP
Pursuant to the Government's
Decree No. 31/2021/ND-CP dated March 26, 2021 on elaboration of and
guidelines for the Law on Procurement.
PART
1. REQUEST FOR PROPOSALS PROCEDURES
CHAPTER
I. INSTRUCTIONS TO PROPOSERS
Section 1. Project information;
requirements on project implementation and operation
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I. Project information:
- Project’s name.
- Investment objectives.
- Investment scale.
- Place of performance.
- Investment term and progress.
- Time to operate the project after
completing the investment.
- Preliminary total project
performance costs (excluding costs of compensation, support, resettlement, land
rent).
- Summary of costs of compensation,
support, resettlement for project with site clearance undone.
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- Planning targets.
- Other details (if any).
II. Requirements on project
performance and operation
- Requirements on project
performance and exploitation in accordance with the approved planning; requirements
to ensure the quality of works according to the law on construction investment
and other relevant regulations.
- Technical requirements to ensure
the satisfaction of investment objectives; investment scale.
- Requirements on allocating
sufficient capital to perform the project.
- Requirements on the project
performance schedule (including the construction time and the project
exploitation time after completing the investment).
- Requirements on meeting
conditions for business and operation of specialized road services (if any) in
accordance with the law on roads (including conditions on organizational
structure; conditions on staff; conditions on infrastructure and specialized
equipment; conditions on capital to meet the requirements of business and
exploitation of specialized road services at the route).
- Requirements on operation,
management, and maintenance of project works.
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- Requirements on traffic
infrastructure connection, technical infrastructure.
- Requirements on ensuring security
and safety.
- Requirements on responsibility
for coordinating with the road authority in the process of providing
specialized road services of the Proposer.
- Other requirements related to the
industry and field of the project as well as the specific conditions of the
project.
Section 2. Eligible Proposers
Each independent Proposer or each
JV's (joint venture) Party is eligible if meeting all the following
requirements:
2.1. The Proposer has been granted
a Certificate of Enterprise registration, a Establishment Decision or
equivalent document issued by a competent authority of the country in which the
Proposer is operating.
2.2. The Proposer is keeping
independent accounting records.
2.3. The Proposer is not undergoing
dissolution process, is not thrown into bankruptcy, and does not incur bad
debts as prescribed by law.
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2.5. The Proposer has registered on
national bidding network and obtains the approval.
2.6. The Proposer is not banned from
bidding as prescribed in law on procurement.
Section 3. Clarification and
amendment of RFP Document
3.1. A Proposer requiring any
clarification of the RFP Document shall contact with the Road Authority in
writing at least 7 working days prior to the deadline for submission of
Proposals. The Road Authority will respond in writing to any request for
clarification within the mentioned period.
3.2. Should the Road Authority
deems it necessary to amend the RFP Document as a result of a clarification, it
shall do so following the procedure. Any addendum issued, including the
decision on amendment, shall be part of the RFP Document and shall be
communicated in writing to the Proposers.
Section 4. Site Visit
4.1. The Proposer is advised to
visit and examine the Site of the Works but only upon the express condition
that the Proposer will release the Road Authority from and against all
liability in respect thereof. The Proposer will be responsible for accidents,
loss or damage to property, and any other loss, damage, costs, and expenses
incurred as a result of the site visit. Where necessary, the Road Authority
may guide the Proposer to visit and inspect the Site.
4.2. The Proposer has to notify the
Road Authority beforehand of the request for such a site visit.
Section 5. Language of Proposals
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Section 6. Documents comprising
the Proposal
The Proposal submitted by the
Proposer shall comprise the following:
6.1. Letter of Proposal in
accordance with ITP 7.1.
6.2. Joint venture agreement for a
JV bidder in accordance with ITP 7.3.
6.3. Written confirmation
authorizing the signatory of the Bid to commit the Proposer, in accordance with
ITP Section 7.2.
6.4. Documentary evidence that the
Proposer continues to be eligible and qualified to perform the contract in
accordance with ITP 8.
6.5. Technical Proposal in
accordance with ITP 9.
6.6. Financial Proposal and
Schedules fully filled in accordance with ITP 11.
Section 7. Letter of Proposal
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7.2. As for independent Proposer,
the Letter of Proposal must be signed and stamped (if any) by the Proposer’s
legal representative.
The legal representative of the
Proposer is the representative by law of the Proposer or the authorized
representative,
If the Proposer’s legal
representative authorizes his/her subordinate to sign the Letter of Bid, a
Power of Attorney (Form 02 provided in Chapter III - Forms) must be enclosed.
If the company’s charter or another document permits such subordinate to sign
the Letter of Proposal, such document shall be enclosed (in this case, the
Power of Attorney form 02 Chapter III is not required). The original Power of
Attorney (made according to Form No. 02 Chapter III) must be sent to the Road
Authority together with the Letter of Proposal.
7.3. Regarding JV Parties, the
Letter of Proposal shall bear the signature and seal (if any) of the legal
representative of every JV Party or the head of the leading JV's Party
authorized to sign the Letter of Proposal according to the regarding JV
agreement (if any).
The legal representative of the JV
is the representative by law or the authorized representative. In case of
authorization, comply with regulations for independent Proposer specified in
ITP Section 7.2.
Section 8. Documents
establishing the Experience and Qualifications of the Proposer
8.1. Written confirmation of
eligible Proposer:
a) As for independent Proposer,
documents establishing their qualifications include:
Copies of original documents of:
Certificate of Enterprise registration, Establishment Decision or equivalent
documents issued by competent agencies of the country in which the Proposer is
operating.
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- Documents mentioned at Point a of
this Section for each JV Party;
- The JV agreement between Parties
according to Form No. 03 in Chapter III - Forms.
8.2. Documents establishing the
experience and qualifications of Proposer include those mentioned in the forms
in the Chapter III - Forms.
Section 9. Documents
establishing theTechnical Proposal
Documents establishing theTechnical
Proposal include:
9.1. Proposal for the plan and
method of performing the project.
9.2. Proposal for the plan to
operate, manage and provide specialized road services.
Section 10. Alternative Bid
10.1 The Proposer is proposed to
make an Alternative Bid.
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Section 11. Financial Proposal
11.1. The Proposer has to submit a
financial proposal, including the Bills of Quantities and costs of
compensation, support, and resettlement as specified in the Chapter III -
Bidding Forms.
11.2. The Bidder shall complete the
work as required in the RFP Document based on the total cost of project
performance, the costs of compensation, support, and resettlement as to the
project and their proposed payment to State budget.
11.3. In a case where the Proposer
proposes an extra payment to State budget, it shall mention it in the Letter of
Proposal. In this case, the Proposer shall specify the contents and methods of
increasing the payment to State budget enclosed with the corresponding
financial-related proposal.
Section 12. Currency of Bid
Bid currency is: __________________
[according to the request of the
project, one or a number of currencies not exceeding 3, for examples: In case
there is VND among those currencies, it must be converted to VND. In case an
offer in foreign currency is allowed, the Proposer must be required to prove
the work using foreign currency and the preliminary value of the corresponding
foreign currency; domestic expenses must be quoted in VND, foreign expenses
related to the project shall be quoted in foreign currency].
Section 13. Validity period of
the Proposal
13.1. The validity period of the
Proposal is ………… days from the deadline for submission of the Proposal.
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Section 14. Format and
signatures of the Proposal
14.1. The Proposer must prepare a Proposal
including: 01 original of 05 copies of the Proposal. If there any modification
to or substitutions for Proposal, the Proposer shall prepare one original and a
number of photocopies equivalent to the number of photocopies of the Proposal.
14.2. The Proposer shall be
responsible for the discrepancy between the original and the copies. In case
there is a discrepancy between the original and the photocopy, the evaluation
shall be done based on the original.
14.3. The original of Proposal
shall be typed or written in indelible ink and and have page numbers. The
Letter of Proposal, addenda (if any) and other forms prescribed in Chapter III
- Forms must bear the signature and seal of the Proposer’s legal representative
or authorized representative (if any). Regarding JV Parties, the Letter of
Proposal shall bear the signature and seal (if any) of the legal representative
of every JV Party or the head of the leading JV's Party authorized to sign the
Letter of Proposal according to the regarding JV agreement (if any).
14.4. Any interlineation, erasures,
or overwriting shall be valid only if they are signed or initialed by the
person signing the Proposal.
Section 15. Deadline for
submission of Proposals
The Proposer directly submits or
sends the Proposal to the Road Authority before [insert the deadline for
submission of the Proposal] to the address stated in the RFP Documents of the
Road Authority.
Section 16. Proposal Evaluation
and Negotiation
16.1. Proposal evaluation shall be
done in accordance with the procedures, methods, and standards specified in
Chapter II - Proposal evaluation methods and standards
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16.3. The contract negotiation also
includes negotiation on necessary matters on the financial proposal, including
error correction and deviation correction (if any).
Section 17. Award Criteria
A Proposer shall be proposed for
contract award when following criteria are satisfied:
17.1. The Proposer has a valid
Proposal.
17.2. The Proposer is fully
qualified and experienced.
17.3. The technical proposal is
fully responsive.
17.4. The financial proposal is
fully responsive.
Section 18. Publication of
contract award
18.1. After the Proposer approval
result is approved, the Road Authority shall post information about the
contract award on the System, and also send a written notice of contract award.
The written notice of contract award must include the following:
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b) Name of the successful Proposer.
c) Project performance schedule.
d) Location of project performance,
area and land lease term.
dd) Time to operate the project
after completing the investment.
e) Total project performance costs
(excluding costs of compensation, support, resettlement, and land rents).
g) Total amount proposed to be paid
into the state budget by the Bidder.
h) Other details (if any).
18.2. Together with the written
notice of contract award, the Road Authority shall send the draft contract and
the contract finalization plan, including the requirements for the Performance
Security, to the successful Proposer.
Article 19. Conditions for
signing of contract
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19.2. At the time the Contract is
signed, the successful Proposer shall be technically and financially responsive
to perform the project. In case the Proposer is no longer qualified as
prescribed in the RFP Document, the competent authority shall refuse to
conclude the contract with that Proposer. In which case, the competent
authority will cancel the decision on contract award.
Section 20. Performance Security
20.1. Before the contract takes
effect, the Proposer shall furnish a Bid Security in the form of either a
deposit, deposit on guarantee, or a bank guarantee from a bank or credit
institution lawfully operating in Vietnam.
20.2. The validity period of the
Performance Security is: The Performance Security takes effect from the
effective date of the contract until the date the Proposer fulfills the
obligations as prescribed in the project contract ______ [specify number of
days]
20.3. The value of Performance
Security is _______ [insert specific value and currency, equivalent to 1-3% of
the total project performance cost]
20.4. The Performance Guarantee is
made according to Form No. 12, Part 2 - Draft Contract and Contract Form of the
RFP Document.
20.5. Time limit for return of
Performance Security: ________ [specify time-limit for return of Performance
Security to the Proposer immediately after or no later than days since the work
is completed and accepted] .
20.6. The Performance Security
shall not be returned in one of the following cases:
a) Refuse to perform the contract
on the effective date of the contract;
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c) Perform the contract behind the
schedule and refuse to extend the validity period of the Performance Security.
Section 21. Contract performance
After the contract is signed
between the competent authority and the successful Proposer (or the project
enterprise established by the successful Proposer to perform the project), the
unit assigned to manage the road where the project is performed, the successful
Proposer (or the project enterprise established by the successful Proposer to
perform the project) shall coordinate with the local land authority to submit
it to the competent People's Committee for decision on land recovery, decision
on approval of compensation, support and resettlement plans in accordance with
the provisions of the law on land. According to the agreed progress in the
contract, the successful Proposer (or the project enterprise established by the
successful Proposer to perform the project) shall pay compensation, support and
resettlement (M2) and the monetary amount (M3) proposed in the Proposal for the
Central State Treasury. No interest is charged on the expenses (M2)
CHAPTER
II. EVALUATION METHOD AND CRITERIA OF PROPOSALS
Section 1. Evaluation of the
eligibility of the Proposal
1.1. Inspecting the Proposal
a) Inspect quantity of photocopies
of Proposal;
b) Inspect the composition of the
orginal Proposal as provided for in ITP Section 6.
c) Inspect the uniformity of
contents between original copy and photocopies to serve the detailed evaluation
of the Proposal.
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A Proposal is considered valid when
all of the conditions below are satisfied:
a) There is an original copy of
Proposal.
b) There is a Letter of Proposal
bearing the signature and seal (if any) by of the legal representative of the
Proposer as specified in the Request for Proposals. Regarding JV Parties,
Letter of Proposal shall bear the signature and seal (if any) of the legal
representative of every JV Party or the head of the leading JV's Party
authorized to sign the Letter of Proposal according to the regarding JV
agreement (if any).
c) The validity period of the
Proposal satisfies requirements as prescribed in ITP Section 13.
d) In case of JV Parties, it
requires a JV agreement with signatures and seals (if any) of the
representatives of JV Parties and the JV agreement shall clarify common and
private responsibilities of every JV Party using form 03 Chapter III - Forms.
dd) The Proposer’s status is valid
as prescribed in ITP Section 8.
e) The section of payment to the
state budget stated in the Letter of Proposal must be specific, fixed in numbers
and words, not suggesting different values for the same item or be accompanied
by conditions that are unfavorable to the competent authorities, the Employer;
Section 2. Qualifications and
experience evaluation
2.1. Evaluation Method
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- Scoring method.
- Pass-fail system.
- Combined evaluation of pass-fail
system and scoring method.
b) In case of using the scoring
method, the minimum score to be assessed as satisfying the requirements must
not be lower than 80% of the total score of qualifications and experience and
the score of each basic criterion must not be lower than 70% of the criterion’s
maximum score.
2.2. Evaluation Criteria
The evaluation of qualifications
and experience of the Proposer is done according to the Table 1 below:
TABLE
1: QUALIFICATION EVALUATION CRITERIA
No.
Criterion
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I
Financial situation of the
Proposer (1)
1
Minimum equity of the Proposer
arranged for the project
Minimum equity the Proposer must
arrange (2): ____[insert the minimum equity required by the Proposer to
arrange by numbers and letters. The Proposer must arrange at least
30%-50% of the total cost of project performance, depending on the nature and
scale of the mentioned project. In which, the total project performance cost
is determined by the total value of m1 and m2].
In the case of a joint venture,
the equity of the Proposer in the JV is equal to the total equity of the
members of the JV Besides, each JV Party must meet the requirements
corresponding to the owner's contributed capital according to the JV
agreement; if any JV Party is assessed as non-conforming, the JV is assessed
as not meeting the equity requirement.
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2
Ability to arrange loans
Minimum loan amount the Proposer
can arrange: ____ [insert minimum loan amount that the Proposer must arrange
in numbers and words. The minimum loan capital that the Proposer must
arrange from 50%-70% of the total project performance cost, depending on the
nature and scale of the mentioned project. In which, the total project
performance cost is determined by the total value of m1 and m2].
In the case of a joint venture,
this criterion is assessed according to the total value of loans that the JV
Parties can arrange.
II
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The Proposer or a JV Party has
already operated or operated a specialized road service under the project under
consideration and meets one of the following conditions:
- The Proposer has been granted a
service business license (if any) in accordance with the investment granted
by a competent authority at least in _ national highways and expressways
[insert the number of national highways and expressways depending on the
scale and nature of the project under consideration].
- The Proposer has operated
specialized road services under the project under consideration for at least
____ years [insert the number of years of operation of specialized road
services depending on the scale and nature of the project under
consideration].
(Depending on the scale and
nature of the project to specify one of the two conditions above)
III
Capital conditions for
foreign Proposers providing road services
Comply with legal regulations on
investment, construction and relevant regulations of international treaties
to which Vietnam is a member.
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(1) Based on the size, nature
and field of the project, other financial indicators can be adjusted or added
such as: net asset value, revenue, profit,...
In case the Proposer is a newly
established organization in the year, the Proposer’s financial situation is assessed
on the basis of the financial statements audited by an independent auditor from
the time of establishment to the deadline for submitting project registration
documents is up to 28 days.
(2) The Proposer's equity is
determined on the basis of the Proposer’s financial data updated within a
maximum period of 28 days before the deadline for submitting the application
for registration of project performance and commitment to raise equity capital
of the Proposer. The Bidder must declare information, provide documents on
financial situation according to Form No. 06 of Chapter III.
Proposer’s remaining equity =
Total equity - Litigation-related expenses - Committed equity for ongoing
projects and other long-term investments (if any) - Equity to be retained in
accordance with regulations (Equity used exclusively for allocation or required
by law as to the Proposer; Equity to be retained according to special provision
requirements for as the case may be; Other equity committed to be refunded and
not used for dividend claims, etc.).
Section 3. Technical evaluation
3.1. Evaluation method
Use the scale of 100 or 1,000
scoring system to develop technical evaluation criteria, in which the minimum
and maximum points must be specified for each general and detailed criterion.
When formulating technical evaluation criteria, a minimum score must be
specified to be assessed as meeting the requirements but must not be lower than
70% of the total technical score and each item required on the project
performance plan and method; the plan on organization of operation, management
and provision of specialized road services shall not be lower than 60% of the
maximum score of that item, depending on the scale and nature of each specific
project.
3.2. Technical evaluation
criteria
Based on the scale, nature and
field of the project, the Employer shall specify the technical evaluation
criteria. The Employer requires the Proposer to explain the project performance
plan and method; explain the method of organizing the operation, management and
provision of specialized road services to assess the suitability and
feasibility of the Proposer’s proposal for the following contents:
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Item
No.
Criterion
Maximum
score
Detailed
score
Minimum
score
I
Evaluation of the Proposer’s
proposal for the plan and method of performing the project
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1
Demonstrating the understanding
of the actual existing condition; output growth forecast; the project's
objectives according to the approved plan
2
Project scale, design plan
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3
Technical and technological plan
of the project
4
Project performance plan,
progress, construction time
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5
Plans to reduce environmental
impact
6
As for projects with site
clearance undone, the Proposer must have a plan to coordinate with the road
management division where the project is executed to work with the competent
People's Committee to complete the site clearance and for the competent
People's Committee to issue the Certificate of land use right for the land
lot for construction of the project to the road management division
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7
Plan on connecting traffic
infrastructure, technical infrastructure (water drainage, environment) of the
project with the general infrastructure of the national highway and
expressway; make clear architectural plans and drawings of the general plan
at the scale of 1/500, within the project boundaries with the Proposer's
funds
8
Plans on fire safety; safe
security; solutions, measures and equipment for fire safety; organizing the
apparatus to manage the fire safety system according to regulations
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9
Time to operate the project after
completing the investment
II
Evaluation of proposal for the
plan to operate, manage and provide specialized road services
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1
Plan to meet the conditions for
business and operation of road services (if any) in accordance with the
provisions of the law on roads (including conditions on organizational
apparatus; team staff; specialized infrastructure and equipment; capital
requirements to meet business and road service requirements at the route, and
documents, and contracts to prove that they meet those conditions).
2
Plan on organization, operation,
management and provision of specialized road services to meet the objectives,
strategies, master plans and plans for the development of national highways
and expressways.
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3
Plan on coordination with the
road authority in the process of providing road services of the Bidder,
ensuring security and safety
4
Monitoring plan to ensure stable,
continuous and quality road services
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Total (100%)
In addition to the
above-mentioned criteria, in the process of developing technical evaluation
criteria, the Employer may adjust and supplement other technical criteria
suitable to the nature, field and characteristics of the specific project.
Section 4. Financial-commercial
evaluation
The Proposer with a proposal that
the highest value of total project performance cost (M1) is not lower than m1
(M1 ≥ m1); the compensation, support and resettlement value (M2) is not lower
than m2 (M2 ≥ m2) for projects with site clearance undone; value (m2)=m2 for
projects with site clearance; unconditional contribution to the state budget in
cash in addition to the Bidder's obligations to the state budget as prescribed
by applicable law (M3) is ranked first and considered contract award. Where:
5.1. m1 is the preliminary total
project performance cost approved in the project portfolio
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5.3. m3 is the floor price paid to
the state budget as prescribed in Article 17 of this Circular.
5.4. M1 is the total project
performance cost (excluding the cost of compensation, support, resettlement,
and land rent) proposed by the Proposer in the Proposal. The project
performance plan is developed by the Proposer on the basis of conformity with
the project performance requirements in the Request for Proposals.
5.5. M2 is the value of
compensation, support and resettlement for the project proposed by the Proposer
in the Proposal based on the content of m2 determined in the Request for Proposals.
5.6. M3 is the unconditional
contribution to the state budget in cash in addition to the Proposer's
obligations to the state budget in accordance with applicable law.
During the project performance, the
successful Proposer is responsible for strictly following the proposed plan,
meeting the requirements in the Request for Proposals. Project performance
costs are determined on the basis of actual implementation process but must
ensure compliance with relevant legal regulations and meet project performance
requirements.
CHAPTER
III. FORMS
1. Form No. 01. Letter of Proposal
2. Form No. 02. Power of Attorney
3. Form No. 03. JV agreement
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5. Form No. 05: Project partners
6. Form No. 06: Financial situation
of the Proposer
7. Form No. 07: Commitment to
provide financial and credit for the Proposer
8. Form No. 08. The Proposer’s
experience in trading and exploiting specialized road services
9. Form No. 09: Technical Proposal
10. Form No. 10: Summary of project
performance costs and costs of compensation, support and resettlement for
project with site clearance undone
FORM
NO. 01
LETTER
OF PROPOSAL (1)
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To: _______ [insert Employer’s
name]
After taking account of the Request
for Proposals of the project ____ [insert project’s name] issued by ________
[insert the Road Authority’s name] on ____ (date) and revisions thereof number
____[insert the number of the revisions (if any)], we, ____[insert the
Proposer’s name], commit to perform the project ____ [insert project name] in
accordance with the requirements of the Request for Proposals with total
project performance costs (excluding costs of compensation, support,
resettlement, land rent): ____[insert amount in numbers and words]; cost of
compensation, support and resettlement for projects with site clearance undone:
____[insert amount in numbers and words] and the value of payment to the state
budget (in addition to the Proposer's obligations to with the state budget in
accordance with current law): ____ [insert amount in numbers and words].
This Proposal is submitted with no
conditions and attachments attached. We are available to provide the Road
Authority with any additional information or other necessary clarifications
required by the Road Authority.
We hereby declare that(2):
1. Only submit one Proposal as an
independent Proposer, a JV Party.
2. We are not undergoing
dissolution process, are not thrown into bankruptcy, and do not incur bad debts
as prescribed by law.
3. We do not commit violations
against regulations on assurance of competitiveness in bidding.
4. We are not involved in corrupt,
fraudulent or conclusive practice and other violations against procurement law.
5. The information declared in the
Proposal is accurate and truthful.
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This Proposal is valid for the
period of ____ [insert number of days](3) from the date of ____ month ____ year
____ [insert deadlien for submission of proposals](4).
Legal
representative of the Bidder (5)
[Full name, position, signature and seal (if any)(6)]
Notes:
(1) The Proposer should fully
and accurately note the information about the names of the Road Authority, the
Proposer, and the validity period of the Proposal.
(2) If it is found that the
Proposer violates these commitments, the Proposer shall be deemed to have
committed fraud and the bid will be disqualified.
(3) Effective period of the
Proposal begins from the the deadline for proposal submission to its expiration
date as prescribed in the Request for Proposals.
(4) Insert the dealine date as
prescribed in ITP Section 13.
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The legal representative of the
Proposer /JV Party is determined in accordance with Section 7 of the ITP.
(6) If a foreign Proposer has no
seal, there must be a certification issued by a competent agency that the
signature in the Letter of Proposal and any other documents of the Proposal
belongs to its legal representative.
FORM
NO. 02
POWER
OF ATTORNEY(1)
[Location and date]_______________
I am __________[insert name,
ID/passport number, position of Proposer’s legal representative], the legal
representative of _______ [insert name of Proposer] at _____________ [insert
address of Proposer] hereby authorizes _____________ [insert name, ID/passport
number, position of authorized person] to perform the following tasks during
the participation in the process of bidding of _____________ [insert name of
the project] held by ____________ [insert name of the Road Authority]:
[The scope of authorization
includes one or more of the following tasks:
- Sign the Letter of Proposal;
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- Sign documents with the the
Road Authority during the bidding process, including the request for
Clarification of Request for Proposals and Proposals;
- Participate in contract
negotiation and finalization;
- Sign a contract with a
competent authority if the Proposer is approved.]
The authorized person only perfoms
the tasks within the area of competence of a legal representative of __________
[insert name of Proposer]. ____________ [insert name of Proposer’s legal
representative] is totally responsible for the tasks performed by ___________
[insert name of authorized person] within the authorization scope.
The Power of Attorney is effective
from __________ [date] to _________ [date] (1) and is made into _______ copies
with equal value. _____ copies are kept by the authorizer, and _______ copies
are kept by the authorized person. Attach one (01) original of the Proposal.
Authorized
person
[Full name, position, signature and seal (if any) (2)]
Principal
[Full name, position, signature and seal of the legal representative (if
any)(3)]
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(1) Insert the effective date
and and expriration date of the Power of Attorney in conformity with the
bidding process.
(2), (3) The authorized person
may use the seal of the Proposer or their seal.
FORM
NO. 03
JV
AGREEMENT
[Location and date]_______________
Representatives of signatories to
the JV agreement include:
Name of JV’s Party ____[insert
name of each JV's Party]
- Country where the operation is
registered:
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- Address:
- Phone number:
- Fax:
- Email:
- Legal representative:
- Position:
Power of Attorney No._____ dated
_______[in case of authorization].
The JV’s Parties have reached a
consensus on entering into a JV agreement with the following contents:
Article 1. General rules
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2. Official name of the JV used in
every transaction related to the project: ______________ [insert the agreed
name of the JV].
Transaction address of the JV:
Phone number:
Fax:
Email:
Representative of the JV:
3. Every Party is committed not to
unilaterally participate or establish a JV with another Proposer to participate
in this project.
Article 2. Assignment of duties
The Parties agreed to assign
responsibilities to perform the tasks in the bidding process to select
proposers for the project as follows:
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[The leading Party may represent
the JV to perform one or more of the following tasks:
- Sign the Letter of Proposal;
- Sign documents with the the
Road Authority during the bidding process, including the request for
Clarification of Request for Proposals and Proposals;
- Sign petitions in proposer
selection (if any);
- Perform other tasks except for
contract conclusion: _______________ [specify other tasks (if any)].
2. Roles and
responsibilities of JV Parties (1) [specify roles and responsibilities of each
JV Party and state the percentage of owner's equity in the JV]:
No.
Name
of JV Party
Roles
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Owner’s
equity
Amount
Percentage
1
Party 1 [Leading Party]
[at least 30%]
2
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[at least 15%]
3
Party 3
[at least 15%]
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Total
100%
Article 3. Effect of JV
agreement
1. The JV agreement takes effect
from the day on which it is signed.
2. The JV agreement expires in the
following cases:
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- There is a change in JV Parties.
In this case, if the change of a JV Party is approved by the Road Authority,
the Parties must establish a new JV agreement;
- The JV is not awarded the
contract;
- Cancel the approval for the
Bidder’s project according to the notice of the Road Administration;
- All parties have fulfilled their
duties and finalize the contract.
This JV Agreement is made into
_____ original(s), each JV Party keeps ___ copies, enclosed with 01 original of
the Proposal. The copies have the same legal validity.
Legal
representative of each JV Party (2)
[insert name of legal representative of each Party, position, signature and
seal (if any)(3)]
Notes:
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(2) The legal representative of
each JV Party is determined in accordance with Section 7 of the ITP.
(3) In case a JV Party is a
foreign bidder without a seal, a competent organization's certification must be
provided that the signature in the JV agreement is that of the Party’s legal
representative.
FORM
NO. 04
PROPOSER
INFORMATION
[Location and date]_______________
1. Proposer/JV Party name:
2. Country where the Proposer's
operation is registered:
3. Year of establishment:
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5. Information about the legal
representative of the Proposer:
- Name:
- Address:
- Phone number/Fax:
- Email address:
6. Organizational chart of the
Proposer.
Legal
representative of the Proposer
[Full
name, position, signature and seal (if any)]
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Notes:
(1) Regarding JV, each JV' Party
shall declare information using this Form.
(2) The Proposer needs to submit
copies of original documents of: Certificate of Enterprise registration,
Establishment Decision or equivalent documents issued by competent agencies of
the country in which the Proposer is operating.
FORM
NO. 05
PROJECT
PARTNERS (1)
No.
Name
of partner(2)
Country
where the operation is registered
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Legal
representative
Contract
or written agreement with partner(4)
1
Company
1
[Finance
provider]
2
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[Construction
Contractor]
3
Company
3
[Operating
Contractor/ Manager]
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Legal
representative of the Proposer
[Full
name, position, signature and seal (if any)]
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Notes:
(1) In case other partners are involved,
the declaration shall be made according to this Form.
(2) The Proposer shall specify
the names of the partners participating in the project performance.
(3) The Proposer clearly records
the participating role of each partner.
(4) The Proposer shall specify
the contract number or written agreement, enclosed with certified copies of
such documents.
FORM
NO. 06
FINANCIAL
SITUATION OF THE PROPOSER (1)
1. Proposer/JV Party name:
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a) Summary of financial data(2):
Item
No.
Description
Amount
1
Owner’s equity
2
Litigation-related expenses (if
any)
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3
Committed equity for ongoing
projects and other long-term investments (if any)
4
Owner's equity to be retained
according to regulations
5
Proposer's remaining equity
(5)
= (1) - (2) - (3) - (4)
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Attached are documents proving the Proposer's
financial data updated within a maximum period of 28 days before the deadline
for submission of bids:
- A copy of the audited financial
statements for a period of 28 days prior to the deadline for submission of
proposals (the Proposer can use the annual financial statements, the interim
financial statements, the statement of owner’s equity).
The statements provided by the
Proposer must ensure compliance with the laws on finance and accounting, and
reflect the financial situation of the Proposer or JV’s Party, and not an
affiliated entity (such as parent company or subsidiary company or associate
company or JV’s Party).
- In case the period of 28 days
before the deadline for submission of proposals does not coincide with the
financial statement period or the Proposer does not have audited financial
statements during this time, the Proposer must provide the latest audited
financial statement.
Besides, the Proposer must declare
and provide documents proving the change in financial data from the time of the
audit report to the time of bidding (e.g. documents proving the equity
increase). The Proposer must be responsible for the information declared in the
Proposal.
- In case the Proposer is a newly
established organization in the year, the Proposer must submit a financial
statement audited by an independent audit unit up to 28 days from the time of
establishment until the deadline for submission of proposals.
Legal
representative of the Proposer
[Full
name, position, signature and seal (if any)]
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Notes:
(1) Regarding JV, each JV' Party
shall declare information using this Form.
(2) Based on the evaluation
criteria, the Road Authority shall add appropriate information.
(3) Based on the evaluation
criteria, the Road Authority may add documents that the Proposer must submit to
prove their financial situation (for example: tax finalization inspection
report, self-declaration tax form; documents proving that the Proposer has made
electronic tax declaration and finalization; written certification of tax authorities;...).
FORM
NO. 07
COMMITMENT
TO PROVIDE FINANCE AND CREDIT FOR THE PROPOSER
[Location and date]_______________
1. I am _____ [insert name], ______
[insert position], the legal representative of _____ [insert name of Proposer /name
of JV], acknowledges and declares that the information provided in this
document is true and correct and that the accompanying documents are exact
copies of the originals.
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Source
of financing
Amount(1)
I. Equity committed to
contribute to the project:
1.
2.
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II. Loan capital that the
Proposer has to mobilize:
1.
2.
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- A written commitment to provide
finance from a bank or credit institution, enclosed with documents proving the
authority of the signatory.
- A written commitment to ensure sufficient
equity for the project of the representative of the owner, the owner or the
parent company, enclosed with documents proving the authority to sign the
commitment.
- Relevant documents.
Legal
representative of the Proposer
[Full
name, position, signature and seal (if any)]
Notes:
(1) Insert the amount in numbers
and words in the bid currency.
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FORM
NO. 08
THE
BIDDER'S EXPERIENCE IN TRADING AND EXPLOITING SPECIALIZED ROAD SERVICES
[Location
and date]_______________
[Proposers list their experience
in trading or exploiting specialized road services under the mentioned project
as required]
1. Road service business
experience:
The Proposer shall declare his/her
experience in road service business through the service business license
granted to the Proposer by a competent authority, including the following:
a) Number and date of issuance of
the service business license (if any);
b) Name and address of the road
service provider.
c) National highways and
expressways where the service is provided.
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dd) Scope of service.
2. Experience in exploiting
specialized road services:
The Proposer shall declare his/her
experience in exploiting specialized road services, including the following:
a) Name and address of the
enterprise providing specialized road services.
c) National highways and
expressways where specialized road services are operated.
d) The field of specialized road
services.
dd) Scope of operation of
specialized road services.
e) Number of years of operating
specialized road services.
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[Full
name, position, signature and seal (if any)]
Notes:
- Information required in this
Form may be adjusted and supplemented to suit the requirements of the Proposer
's qualifications and experience.
- The Proposer must provide
documents proving the declared information such as notarized copies,
certification of the competent authority/representative of the competent
authority...
FORM
NO. 09
TECHNICAL
PROPOSAL
Based on the scale, nature and
field of the project and the evaluation criteria of the Proposal, the Road
Authority shall request the Proposer to prepare the technical proposal forms
and the attached explanatory documents (if any) as a basis for evaluating the
Proposal, including the following contents:
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- Demonstrating the understanding
of the actual existing condition; output growth forecast; the project's
objectives according to the approved plan.
- Project scale, design plan.
- Technical and technological plan
of the project.
- Project performance plan,
progress, construction time.
- Plans to reduce environmental
impact.
- As for projects with site
clearance undone, the Proposer must have a plan to coordinate with the road
authority where the project is executed to work with the competent People's
Committee to complete the site clearance and for the competent People's
Committee complete land procedures as prescribed.
- Plan to connect traffic
infrastructure, technical infrastructure (water drainage, environment) of the
project with the general infrastructure of the national highway and expressway;
make clear architectural plans and drawings of the general plan at the scale of
1/500, meeting the requirements of the Bidding Documents within the project
boundaries with the Proposer 's funds.
- Plans on fire safety; safe
security; solutions, measures and equipment for fire safety; organizing the
apparatus to manage the fire safety system according to regulations (for works
with requirements on fire safety).
- Time to operate the project after
completing the investment.
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- Plan to meet the conditions for
business and operation of road services (if any) in accordance with the
provisions of the law on roads (including conditions on organizational
apparatus; team staff; specialized infrastructure and equipment; capital
requirements to meet business and road service requirements at the route, and
documents, and contracts to prove that they meet those conditions).
- Plan on organization, operation,
management and provision of specialized road services to meet the objectives,
strategies, master plans and plans for the development of national highways and
expressways.
- Plan on coordination with the
competent authority in the process of providing road services of the Proposer,
ensuring security and safety.
- Monitoring plan to ensure stable,
continuous and quality road services.
FORM
NO. 10
GRAND
SUMMARY OF PROJECT PERFORMANCE COST AND COSTS OF COMPENSATION, SUPPORT,
RESETTLEMENT FOR PROJECT WITH SITE CLEARANCE UNDONE
The Proposer needs to submit a
grand summary of project performance costs and costs of compensation, support
and resettlement in both printed and electronic copies (in excel file format or
at the request of the Employer) according to the following requirements:
- Built on Microsoft Excel 2000
application (updated) or other application;
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- No pages or cells are hidden
or protected by codes;
- Separation needs to be
properly figured out so that they can be easily followed on the screen or on
the page;
- Cells containing fixed numbers
should be highlighted in yellow.
PART
2. DRAFT CONTRACT AND CONTRACT FORMS
On the basis of the basic
contents of the project contract as guided below, based on the nature, scale
and field of each specific project, develop a draft contract and attach it in
the Request for Proposals. The draft contract includes provisions to serve as
a basis for the Parties to negotiate, finalize, sign and perform the contract,
ensuring a clear division of responsibilities, risks, legal rights and
interests of the Parties to enter into a contract in accordance with applicable
law.
I. GROUNDS FOR SIGNING PROJECT
CONTRACT
List the legal documents as the
grounds for signing the project contract, including:
- Laws, Decrees and guiding
Circulars related to project performance;
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- Decisions and documents of
competent agencies;
- Other relevant legal documents.
II. PARTIES TO PROJECT CONTRACT
Declare information of the Parties
to the project contract, including:
a) Competent authority.
- Name of the ompetent authority;
- Address:
- Phone number and Fax number:
- Name and position of the
representative;
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b) The Proposer
- Business name (Vietnamese,
English name and initials, if any);
- Address:
- Phone number and Fax number:
- Information about the Certificate
of Business Registration or the Certificate of Investment Registration (number,
date of issue, place of issue, issuer) (in case the Proposer is a Vietnamese
enterprise or foreign-invested enterprise established in Vietnam);
- Name and position of the
representative.
(In case a Party is a foreign
bidder, insert the Proposer's name, nationality, certification documents;
establishment license number, business registration certificate number or
equivalent document number) equivalent, if any; address, phone number, fax,
full name, position of the authorized representative).
c) Project enterprise (applicable
in case the Proposer and the project enterprise form a party to sign a project
contract with the competent authority)
- Business name (Vietnamese,
English name and initials, if any);
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- Phone number and Fax number:
- Information on the Certificate of
Business Registration (Number, date of issue, place of issue, issuer);
- Name and position of the representative.
III. CONTENTS OF PROJECT
CONTRACT
Article 1. Purpose of the
project contract
Agreement between the competent
authority and the Proposer, the project enterprise on the rights and
obligations of each Party in implementing the project contract, this Circular
and other legal documents other relevant.
Article 2. Interpretation of
terms
In this Article, definitions and
abbreviations (if any) of the concepts used in the project contract are
provided in accordance with applicable law and the specific context of the
project contract.
Article 3. Contract documents
and order of priority
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1. Contract Agreement;
2. Contract addenda (if any);
3. Note of Contract Negotiation;
4. Decision on approval for
Proposer selection result;
5. Written agreement of the Parties
on the conditions of the contract;
6. The Bid and addenda thereof of
the successful Proposer;
7. Bidding documents and amending
documents thereof (if any);
8. Relevant documents.
Article 4. Language
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Article 5. Objectives, scope and
scale of the project
This Article stipulates the
project's objectives (main work items...); location, area and function of the
land area; project scale; administrative boundaries of the land area for
project performance; total project cost.
Article 6. Project performance
location and land lease area
This Article stipulates the
location of the project, the expected land lease area of the project work and
related works (if any).
Article 7. Requirements on
project performance and exploitation
This Article states:
- Requirements on project
performance and exploitation in accordance with the approved planning;
requirements to ensure the quality of works according to the law on
construction investment and other relevant regulations.
- Technical requirements to ensure
the satisfaction of investment objectives; investment scale.
- Requirements on allocating
sufficient capital to perform the project.
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- Requirements on meeting
conditions for business and operation of specialized road services (if any) in
accordance with the law on roads (including conditions on organizational
structure; conditions on staff; conditions on infrastructure and specialized
equipment; conditions on capital to meet the requirements of business and
exploitation of specialized road services at the route).
- Requirements on operation,
management, and maintenance of project works.
- Environmental requirements
according to the law on environment.
- Requirements on traffic
infrastructure connection, technical infrastructure.
- Requirements on ensuring security
and safety.
- Requirements on responsibility
for coordinating with the road authority in the process of providing
specialized road services of the Proposer.
- Other requirements related to the
industry and field of the project as well as the specific conditions of the
project.
Article 8. Project enterprises
This Article stipulates the
contents related to the project enterprise. In case the charter capital of the
project enterprise is lower than the equity capital committed by the Proposer
to mobilize, the Parties shall agree on a roadmap to increase the charter
capital of the project enterprise in accordance with the project performance
progress, business law and other relevant regulations.
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The responsibilities of the
Proposer /project enterprise that may be specified in the contract include:
- Comply with the commitment to
allocate compensation, support and resettlement capital (for projects with site
clearance undone) according to the progress in the approved compensation,
support and resettlement plan;
- Comply with the commitment to pay
the state budget according to the value and time in this contract;
- Arrange capital sources to perform
the project on schedule as prescribed in the contract;
- Perform the project according to
the planning approved by the competent authority; the law on construction
investment; regulations of law during project performance, especially related
to land, environment and tax; provisions of law on roads;
- Satisfy the conditions for
business and exploitation of specialized road services in accordance with the
law on roads;
- Perform other rights and
obligations as agreed (if any).
Article 10. Responsibilities of
the competent authority
The competent authority's
responsibilities that may be specified in the contract include:
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- Support and enable bidders to
perform the project, including administrative procedures related to investment,
construction and land.
- Perform other rights and
obligations as agreed (if any).
Article 11. Payment to the state
budget
This Article provides:
After the contract is signed
between the competent authority and the successful bidder (or the project
enterprise established by the successful Proposer to perform the project), the
route management unit where the project is executed, the successful Proposer
(or the project enterprise established by the successful Proposer to perform
the project) shall coordinate with the local land management agency to submit
to the competent People's Committee for decision on land expropriation,
decision on approval of compensation, support and resettlement plan according to
land law for projects with site clearance undone. According to the agreed
progress in the contract, the successful Proposer (or the project enterprise
established by the successful Proposer to perform the project) shall pay
compensation, support and resettlement (M2) for the project and the value of
payment to the state budget in cash (M3) proposed in the bid for the Central
State Treasury. No interest is charged on costs of compensation, support and
resettlement.
In case the value of compensation,
support and resettlement under the approved compensation, support and
resettlement plan is lower than the value of M2, the difference will be
remitted into the state budget; in case it is higher than the M2 value, the
Bidder must make up for the shortfall, the value of the shortfall shall be
included in the investment capital of the project.
Article 12. Land rent payable;
land lease term
This Article provides:
- The land rent payable by the
Proposer is determined, collected and paid in accordance with the land law (according
to the policy and land price at the time of issuance of the land lease decision
of the competent land authority).
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Article 13. Land lease to
Proposer and handover of construction sites
This Article provides:
- The land lease to Proposer shall
be applied according to the procedures for land allocation and land lease
specified in Clause 29, Article 1 of Decree No. 148/2020/ND-CP dated December
18, 2020 of the Government on amendments to certain decrees on elaboration of
the Land Law amended/substituted documents (if any).
- Progress of handing over
construction site.
Article 14. Antiquities
discovered in the project area
This Article provides for the
discovery of antiquities in the project area, the rights and obligations of the
Proposer with respect to these artifacts. Any fossils, antiquities, structures
or other artifacts in the project area of historical or significant value
discovered at the construction site shall be the property of the Socialist
Republic of Vietnam. The Proposer does not allow their own people or others to
damage the discovered artifact. The Proposer must immediately notify the
competent authority of this discovery for settlement in accordance with the
law.
Article 15. Construction quality
management
This Article prescribes the
content; quality standards; rights and obligations of the Parties in managing
the quality of works in accordance with the law on construction.
Article 16. Safety assurance and
environmental protection
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- Content; environmental and safety
standards; the rights and obligations of the Parties in taking measures to
ensure safety during project performance and fulfilling requirements on safety
and environmental protection in accordance with relevant regulations of the
legislation on environmental protection.
- The Proposer prepares an
environmental impact assessment report; the preparation, appraisal and approval
of environmental impact assessment reports comply with the law on environmental
protection.
Article 17. Performance Security
This Article stipulates the value,
form and time limit for furnishment of the Performance Security and in case the
Proposer does not have the Performance Security returned in accordance with the
Law on Procurement and other relevant laws.
Article 18. Amendments and
supplements to the Contract
This Article stipulates the
following contents:
1. Cases and conditions for
amendments to terms and conditions of the project contract.
2. Procedures for amending and
supplementing the project contract.
Article 19. Assignment of rights
and obligations under the project contract
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Article 20. Violations,
non-compliance with contractual obligations and actions to be taken
This Article stipulates the
following contents:
1. Cases of violation,
non-compliance with obligations as prescribed in the contract of each Party.
2. Actions to be taken in each case
of breach or non-compliance with contractual obligations (for example: remedial
measures, suspension of project performance, compensation for damage; premature
termination of contract, etc.).
3. Rights and obligations of the
Parties in handling cases of violations or non-compliance with contractual
obligations.
Article 21. Land expropriation
due to violations of the land law
This Article provides for cases of
land expropriation due to violations of the law on land according to the Land
Law and relevant regulations.
Article 22. Project operation
time after completion of investment work, project contract performance time and
project contract termination
This Article stipulates the
following contents:
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2. The duration of the project
contract and the conditions for extending or shortening the term of the project
or project contract according to specific regulations and agreements between the
Parties;
3. Cases and conditions for project
contract termination as agreed or premature termination;
4. Rights and obligations of each
Party upon the termination of the project contract within the agreed time
limit;
5. Rights and obligations of each Party
in case of premature termination of the agreed time limit; method, payment
term, value and method of calculating the value of compensation for damage
caused by early termination of each Party;
6. Procedures for contract
liquidation in cases of project contract termination mentioned in this Article.
Article 23. Laws governing the
project contract relationship and related contracts
This Article stipulates the
applicable Law to govern the project contract relationship and the contracts related
to the project performance.
Article 24. Dispute settlement
This Article stipulates the dispute
settlement mechanism between the Parties to the project contract and disputes
between the Proposer, the project enterprise and related parties in accordance
with relevant laws.
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This Article stipulates the
following contents:
1. Force majeure events and the
principle of determining force majeure events in accordance with the Civil Code
and agreements between the Parties.
2. Rights and obligations of each
Party when a force majeure event occurs in accordance with the principles
specified in the Civil Code.
Article 26. Investment
incentives, support and guarantees (if any)
This Article lists investment guarantees
and incentives, including:
- Investment incentives in
accordance with the investment law and other relevant laws;
- Investment incentives and
guarantees specific to the industry, field or locality.
Article 27. Effect of project
contract
This Article stipulates the
following contents:
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2. Time, place of signing, number
of contract copies and legal value of each copy.
Article 28. Other details
This Article stipulates other details
to be agreed upon by the Parties depending on the field, scale, nature and
requirements of project performance in accordance with law.
(Example: Regulations on reporting
regime, information security and other issues).
IV. Appendices and accompanying
documents
Appendices, documents and attached
documents shall be agreed upon by the Parties in accordance with the field,
scale, nature and requirements of project performance.
FORM
NO. 11
THƯ
CHẤP THUẬN HỒ SƠ ĐỀ XUẤT VÀ TRAO HỢP ĐỒNG
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To: ______[insert name and address
of the successful Proposer, hereinafter referred to as “the Proposer”]
Re: Notification of contract
award
Pursuant to Decision No._____ dated
_________ [insert number and date of the decision on approval for contract
award] of ___ [insert the competent authority’s name], (hereinafter referred to
as “the competent authority”], ____ [insert the name of the Employer]
(hereinafter referred to as the Employer) herein notifies that the competent
authority has accepted the Bid and award the Contract to the Proposer for
performing the project ____ [insert the project’s name] , with the cost of ____
[insert total cost; proposed amount to submit to the state budget in the
decision on approval for contract award] with contract performance time of ___
[insert contract performance time in the decision on approval for contract
award]
Request the legal representative of
the Proposer to finalize and enter into a contract with the competent
authority, the Employer as follows:
- Time for the Contract completion:
_________, in/at __________, enclosed with the Draft Contract.
- Contract signing time:
________in/at_________.
Request the Proposer to furnish a
Performance Security as prescribed in form No. 12 Part 2 - Draft Contract and
Contract Forms of the Request For Proposals with the amount of _______ and
validity period _____________[insert equivalent amount and validity period as
specified in ITP Section 13 of the Request for Proposals].
This Notification is an integral
part of the Contract. Upon the receipt of this Notification, the Proposer must
send us a Notification of acceptance of the Contract completion and carry out
the Performance Security as required at the current capacity of the Proposer as
specified in the Request for Proposals. The competent authority shall reject to
complete and conclude the Contract with the Proposer if the current
qualifications of the Proposer fails to satisfy the requirements of the
contract.
If by ____ [insert specific date,
within 30 days from the date of issue of the written notice of acceptance of
bid and contract award], the Proposer fails to negotiate, finalize, sign
contract or fail to furnish a Performance Security according to the above
requirements, the Proposer will be disqualified and not receive back the Bid
Security.
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Legal
representative of the Road Authority
[full
name, position, signature and seal]
FORM
NO. 12
PERFORMANCE
SECURITY(1)
[Location and date]_______________
To: _____ [insert name of
agency competent to sign contract]
(hereinafter calledabbreviated as
Contracting Authority)
At the proposal of _____ [insert
name of the Proposer], who is the Proposer selected to perform the project
_____ [insert project name] (hereinafter referred to as Proposer) and commit to
sign a contract to perform the project mentioned above (hereinafter referred to
as the Contract); (2)
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We, _____[insert name of the bank],
locates in _______[insert name of country or territory], have registered
headquarters at _________[the bank’s address(3)] (hereinafter referred to as
“Bank”), to undertake to guarantee the performance of the contract by the
Contractor with an amount of ________[insert equivalent value in number, in
words and currency as specified in ITP Section 12].
We undertake to pay
unconditionally, irrevocably to the Contracting Authority an amount or sums of
money in the total amount of _____ [insert words] [insert numbers] as mentioned
above, when there is a document from the Contracting Authority notifying the
Proposer that there is a breach of the Contract within the validity period of
the Performance Security.
This guarantee comes into effect
from the issue date until ____________[date] (4).
Legal
representative of Bank
[full
name, position, signature and seal]
Notes:
(1) Only applicable if the
performance security is issued by a bank or a financial institution.
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In this case, the above
paragraph can be revised as follows: “At the request of _____ [insert name of
Proposer], who is the successful Proposer of the project _____ [name of
project] (hereinafter referred to as Proposer) signed contract number _____
[insert contract number] on_____ month _____ year_____ (hereinafter referred to
as Contract).”
(3) Address of bank or credit
insitution: specifying address, phone number, fax, email address.
(4) State appropriate time as
required in ITP Section 20.
APPENDIX IV
BIDDING
DOCUMENTS
(Issued together with Circular No. 1/2023/TT-BGTVT dated March 7, 2023 of the
Ministry of Transport)
BIDDING
DOCUMENTS
Project’s name:
__________________________
[insert name of project stated
in the list of approved projects]
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[insert date of issuing
invitation for bids for Bidders]
Issued together with Decision:
_______________
[insert number and date of the
Decision on approval for the invitation for bids]
Consulted
by (if any)
[full name, signature and seal (if any)]
Employer
[full name, signature and seal]
TABLE
OF CONTENTS
SUMMARY
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PART 1. BIDDING PROCEDURES
Chapter I. Instructions to Bidders
Chapter II. Bid Data Sheet
Chapter III. Evaluation and
Qualification Criteria
Chapter IV. Bidding Forms
PART 2. EMPLOYER’S REQUIREMENTS
PART 3. DRAFT CONTRACT AND
CONTRACT FORMS
SUMMARY
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Chapter I. Instructions to
Bidders
This Chapter provides information
to help Bidders prepare their bids. Information is also provided on the
preparation, submission, opening, and evaluation of bids and on the award of
Contracts.
Chapter II. Bid Data Sheet
This Chapter includes provisions
that are specific to each procurement and that supplement Chapter I.
Chapter III. Evaluation and
Qualification Criteria
This Chapter specifies the criteria
to determine the Most Advantageous Bid.
Chapter IV. Bidding Forms
This Chapter includes the forms to
be completed and submitted by the Bidder as part of its Bid.
PART 2. EMPLOYER’S REQUIREMENTS
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PART 3. DRAFT CONTRACT AND
CONTRACT FORMS
This Section includes the draft
contract and forms to be submitted as part of the Contract.
ABBREVIATIONS
BDS
Bid Data Sheet
ITB
Instructions to Bidder
The Procurement Law
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Decree No. 25/2020/NĐ-CP
Pursuant to the Government's
Decree No. 25/2020/ND-CP dated February 28, 2020 on elaboration of the Law on
Procurement in terms of selection of preferred bidders;
Decree No. 31/2021/NĐ-CP
Pursuant to the Government's
Decree No. 31/2021/ND-CP dated March 26, 2021 on elaboration of and
guidelines for the Law on Investment
PART
1. BIDDING PROCEDURES
CHAPTER
I. INSTRUCTIONS TO BIDDERS
1. Bidding procedures
1.1. The Employer, with name and address
specified in the BDS, issues this Request for Bids document as to the project
mentioned in Part 2 - Employer’s requirements.
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1.3. Requirements pertaining to
owner’s equity and borrowed capital of the Bidder specified in the BDS.
1.4. Basic details about the
project specified in the BDS.
2. Fraud and Corruption
Fraud and Corruption includes the
acts specified in Article 89 of the Law on Procurement.
3. Eligible Bidders
Each independent Bidder or each
JV's (joint venture) Party is eligible if meeting all the following
requirements:
3.1. The Bidder has been granted
a Certificate of Enterprise registration, a Establishment Decision or
equivalent document issued by a competent authority of the country in which
the Proposer is operating.
3.2. The Bidder is keeping
independent accounting records.
3.3. The Bidder is not undergoing
dissolution process, is not thrown into bankruptcy, and does not incur bad
debts as prescribed by law.
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3.5. The Bidder has been
registered on national bidding network as prescribed in BDS.
3.6. The Bidder is not banned
from bidding as prescribed in law on procurement.
3.7. The Bidder does not violate
the provisions of the law on land for the case of being using land allocated
or leased by the State to implement the project as prescribed in the BDS.
4. Contents of Bidding
Documents
4.1. The Bidding Documents
consist of Parts 1, 2, and 3 in conjunction with any Addendum issued in
accordance with ITB 7 (if any), which include all the Chapters indicated
below:
Part 1. Bidding Procedures
- Chapter I. Instructions to
Bidders
- Chapter II. Bid Data Sheet
- Chapter III. Evaluation and
Qualification Criteria
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Part 2. Employer’s
Requirements
PART 3. Draft Contract and
Contract Forms
4.2. The Invitation for Bids
issued by the Employer is intened for informational purposes only, not part
of the Bidding Documents.
4.3. The Employer is not
responsible for the accuracy and completeness of the Bidding Documents and
their addenda, minutes of pre-bidding meeting (if any) or documents on
amendments to Bidding Documents if they were not obtained directly from the
Employer.
4.4. The Bidder is expected to
examine all instructions, BDS, forms, terms, and specifications in the
Bidding Documents to prepare a Bid.
5. Clarification of Bidding
Document, Pre-Bid Meeting
5.1. A prospective Bidder requiring
any clarification of the Bidding Documents shall send a request to the
Employer in writing at the Employer’s address or via the E-procurement System
at least 7 working days (for domestic bidding) and 15 days (for international
bidding) prior to the deadline for submission of Bids. The Employer will
respond in writing to any request for clarification within the mentioned
period. The Employer shall post the clarification on the System within 2
working days prior to the deadline for bid submission, including a
description of the inquiry but without identifying its source. Should the
Employer deems it necessary to amend the Bidding Documents as a result of a
clarification, it shall do so following the procedure under ITB Section 7.
5.2. The Employer shall hold a
Pre-Bid Meeting if provided for in the BDS. The purpose of the meeting will
be to clarify issues and to answer questions on any matter that may be raised
in connection with the Bidding Documents. The Bidder is requested, as far as
possible, to submit any question in writing, to reach the Employer before the
pre-bid meeting.
The discussion shall be recorded
by the Employer in writing, stating the inquiries of the Bidders and
responses of the Employer, without identifying the inquiries’ source. The
content shall be made in the form of Clarification of Bidding Documents and
osted on the System. The minutes of the pre-bidding convention is different
from the addendum of Bidding Documents. Absence from the pre-bidding meeting
is not a reason for disqualifying a Bidder. Should the Employer deems it
necessary to amend the Bidding Documents as a result of a pre-bidding
meeting, it shall do so following the procedure under ITB Section 7.
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6.1. The Bidder is advised to
visit and examine the Site of the Works but only upon the express condition
that the Bidder will release the Employer from and against all liability in
respect thereof. The Bidder will be responsible for accidents, loss or damage
to property, and any other loss, damage, costs, and expenses incurred as a
result of the site visit. In exceptional circumstances, the Employer shall
provide the Bidder with guidelines for Site Visit as specifed in BDS.
6.2. The Bidder has to notify the
Employer beforehand of the request for such a site visit.
7. Amendment of Bidding
Documents
7.1. At any time prior to the bid
closing time, the Employer may amend the Bidding Documents by issuing
addendum on the System. The Addendum to Bidding Documents, including the
decision thereof, are part of the Bidding Documents.
7.2. The time for uploading the
Addendum to Bidding Documents is specified in the BDS. In case the time for
sending the Addendum to Bidding Documents does not comply with above
regulations, the Employer shall extend the corresponding deadline for the
submission of bids. The extension shall be conformable with ITB Section 21.2.
8. Cost of Bidding
The Bidder shall bear all costs
associated with the preparation and submission of its Bid. The Employer shall
not be responsible or liable for those costs.
9. Language of Bid
The Bid, as well as all
correspondence and documents relating to the bid exchanged by the Bidder and
the Employer, shall be written in the language prescribed in the BDS.
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The Bid includes Technical
Proposal and Financial Proposal, which comprise the following:
10.1. Technical Proposal includes
administrative documents, legal documents, qualification documents, technical
proposals of the Bidder as required by Bidding Documents. In particular:
a) Letter of Bid of Technical
Proposal in accordance with ITB Section 11;
b) Written confirmation
authorizing the signatory of the Bid to commit the Bidder, in accordance with
ITB Section 11;
c) Bid Security, in accordance with
ITB Section 17;
d). Documentary evidence that the
Bidder continues to be eligible and qualified to perform the contract in
accordance with ITB Section 12;
d) Technical Proposal in
accordance with ITB Section 13.
10.2. Financial Proposal shall
include the following:
a) Letter of Bid in Financial
Proposal in accordance with ITB Section 11;
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103. Alternative Proposal in the
Bid specified in the ITB Section 14.
10.4. Any other documents
specified in the BDS.
11. Letter of Bid
11.1. The Letter of Bid includes
the Letter of Bid in Technical Proposal and Letter of Bid in Financial
Proposal.
11.2. For independent Bidder, the
Letter of Bid must be signed and stamped (if any) by the Bidder’s legal
representative.
The legal representative of the
Bidder is the representative by law of the Bidder or the authorized
representative.
If the Bidder’s legal
representative authorizes his/her subordinate to sign the Letter of Bid, a Power
of Attorney (Form 02 provided in Chapter IV) must be enclosed. If the
company’s charter or another document permits such subordinate to sign the
Letter of Bid, such document shall be enclosed (in this case, the Power of
Attorney form 02 Chapter IV is not required). The original Power of Attorney
(made according to Form No. 02 Chapter IV) must be sent to the Employer
together with the Letter of Bid.
11.3. Regarding JV Parties,
Letter of Bid shall bear the signature and seal (if any) of the legal
representative of every JV Party or the head of the leading JV's Party
authorized to sign the Letter of Bid according to the regarding JV agreement
(if any).
The legal representative of the
JV is the representative by law or the authorized representative. In case of
authorization, comply with regulations for independent Bidder specified in
ITB Section 11.2.
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12. Documents establishing the
Experience and Qualifications of the Bidder
12.1. Written confirmation of
eligible Bidder, in accordance with BDS.
12.2. Documents establishing the
Experience and Qualifications of the Bidder, including:
a) Experience and qualifications
of the Bidder stated in the Forms in Part A Chapter IV - Bidding Forms
b) Other documents specified in
the BDS.
13. Technical Proposal
In the Technical Proposal, the
Bidder shall submit a technical-related proposal including the details
specified in the BDS and any details specified in Chapter IV - Bidding Forms.
14. Alternative Bid
14.1 The Bidder may make an
Alternative Bid specified in the BDS.
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15. Financial Proposal
15.1. In the Financial Proposal, the
Bidder has to submit a financial-related proposal, including the Bills of
Quantities and costs of compensation, support, and resettlement as to
projects with site clearance undone, and other particulars specified in the
BDS and other details specified in the Chapter IV - Bidding Forms.
15.2. The Bidder shall complete
the work as required in the Bidding Documents based on the costs of
compensation, support, and resettlement as to projects with site clearance
undone and their proposed payment to State budget.
15.3. In a case where the Bidder
proposes an extra payment to State budget, it shall mention it in the Letter
of Bid (in the Financial Proposal) or in a separate request. In this case,
the Bidder shall specify the contents and methods of increasing the payment
to State budget enclosed with the corresponding financial-related proposal.
These requests may be submitted separately or together with the Financial
Proposal as long as it is received by the Employer before the deadline for
submission of bids. Any request separately submitted shall comply with ITB
Sections 20.2 and 20.3. These requests shall be kept as if they are the Bid
and be opened together with the Financial Proposal of the Bidder.
16. Bid Currency
The Bid currency is specified in
the BDS.
17. Bid Security
17.1. When submitting a bid, the
Bidder shall furnish a Bid Security before the deadline for submission of
Bids in the form of either a deposit, deposit on guarantee, or a bank guarantee
from a bank or credit institution lawfully operating in Vietnam. The bank
guarantee shall comply with form 10 of Chapter IV – Bidding Forms or in
another form provided that it contains essential contents. In the event that
the validity period of the bid is extended as prescribed in ITB Section 18.2,
the Bid Security is also extended with the same validity period.
17.2 If a joint venture (JV)
makes a bid, it may furnish the Bid Security following one of two methods
below:
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b) If all JV Parties conclude an
agreement in which one JV Party will be responsible for its Bid Security or
for Bid Security of other Parties in the JV. The Bid Security shall be in the
name of the JV or the JV Party in charge provided that the total value is not
lower than that mentioned in ITB Seciton 17.3. If any JV Party violates law
on bidding leading its Bid Security is not returned as prescribed in ITB
Section 17.6, and the Bid Security shall not be returned.
17.3. Value, currency and
validity period of the Bid Security shall be specified in the BDS.
17.4. A Bid Security shall be not
considered valid if it have lower value, shorter validity period as required
in ITB Section 17.3, inaccurate the Employer’s name (beneficiary),
non-original payper and invalid signature and accompanying of disadvanataged
conditions to the Employer.
17.5. The unsuccessful Bidder
shall be either returned or released the Bid Security within the period as
prescribed in the BDS, from the date on which the notification of the Bidder
selection is sent. The Bid Security of the successful Bidder shall be
returned or released once the successful Bidder has furnished the required
Performance Security.
17.6. The Bid Security shall not
be returned in one of the following cases:
a) The Bidder withdraws its bid
(including Technical Proposal or Financial Proposal) after the deadline for
submission of Bids and during the period of bid validity;
b) The Bidder violates law on
bidding which leads to have the bid cancelled as prescribed in point d ITB
Section 35.1;
c) The Bidder fails to furnish
the Perfomance Security as prescribed in ITB Section 39.1;
dd) The Bidder fails or refuses
to finalize and sign the contract, within a period as mentioned in the
notification of contract award sent by the Employer except for force majeure
cases.
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18.1. The Bid including Technical
Proposal and Financial Proposal shall remain valid for the period which is
not shorter than the period specified in the BDS. The Bid valid for a shorter
period shall be rejected by the Employer as non responsive.
18.2. In exceptional
circumstances, prior to the expiration of the bid validity period, the
Employer may request bidders to extend the period of validity of their bids
(including the period of validity of Technical Proposal and Financial
Proposal). If a Bid Security is requested, it shall also be extended for a
corresponding period (equivalent to the extended validity period plus 30
days). The request and the responses shall be made in writing. If the Bidder
fails to extend the validity period of the Bid, the Bid shall be rejected as
non-responsive. The Employer shall return or release the Bid Security to the
Bidder within 20 days, from the date on which the Employers receives a
written refusal of extension.
A Bidder accepting the request
for extension shall not be required or permitted to modify its bid.
19. Format and Signing of Bid
19.1. The Bidder shall prepare
the documents comprising the bid including one original copy of Technical
Proposal and one original copy of Financial Proposal and a number of photocopies
of the Technical Proposal and Financial Proposal as prescribed in the BDS. If
there any amendments to or replacement for Technical Proposal or Financial
Proposal, the Bidder shall prepare one original and a number of photocopies
of the Technical Proposal and Financial Proposal.
19.2. The Bidder shall be
responsible for the discrepancy between the original and the copies. In the
event of any discrepancy between the original and the copies does not lead to
any change to the rank of the Bidder, the original shall prevail. In the
event of any discrepancy between the original and the copies leading change
to the rank of the Bidder, the Bid shall be rejected.
19.3. The original of Technical
Proposal and Financial Proposal shall be typed or written in indelible ink
and and have page numbers. The Letter of Bid, addenda (if any) and other
forms prescribed in Chapter IV - Bidding Forms must bear the signature and
seal of the Bidder’s legal representative or authorized representative (if
any).
19.4. Regarding JV Parties,
contents of the Letter of Bid specified in ITB 19.3 shall bear the signature
and seal (if any) of the legal representative of every JV Party or the head
of the leading JV's Party authorized to sign the Letter of Bid according to
the regarding JV agreement (if any).
There is a joint venture
agreement which is signed and stamped (if any) by the duly legal
representative of each JV’s Party.
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20. Sealing and Marking of
Bids
20.1 The envelope and cover of
the documents comprising the Bid shall be clearly marked “TECHNICAL PROPOSAL
ORIGINAL”, “TECHNICAL PROPOSAL PHOTOCOPY”, “FINANCIAL PROPOSAL ORIGINAL”,
“FINANCIAL PROPOSAL PHOTOCOPY”.
If there is any revision or
replacement of Technical Proposal or Financial Proposal, the modified or
alternative documentsshall be put into separate envelopes and clearly mark it
“MODIFIED TECHNICAL PROPOSAL”, “SUBSTITUTE TECHNICAL PROPOSAL”, “MODIFIED
FINANCIAL PROPOSAL”, “SUBSTITUTE FINANCIAL PROPOSAL”; and clearly mark the
corresponding originals and photocopies. These envelopes, including Technical
Proposal, Financial Proposal, Modified Technical Proposal, Modified Financial
Proposal, Subsituted Technical Proposal, Substitued Financial Proposal shall
be sealed. The sealing of envelopes shall comply with regulations provided by
the Bidder.
20.2. The outer envelopes shall:
a) Bear the name and address of
the Bidder;
b) be addressed to the Employer
in accordance with ITB Section 1.1;
c) Project’s name, in accordance
with ITB Section 1.4;
d) bear a warning “Do not to open
before the time and date for Technical Proposal opening” regarding envelopes
of Technical Proposal, Modified Technical Proposal, or Substitue Technical
Proposal (if any); bear a warning “Do not to open before the time and date of
Financial Proposal opening” regarding envelopes of Financial Proposal,
Modified Financial Proposal, or Substitue Financial Proposal (if any).
20.3. In case the Bid consists of
many documents, the Bidder needs to pack all documents so that the receipt
and preservation of the Bid by the Employer is convenient, ensures the
integrity of the Bid, and avoids loss.
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21. Deadline for submisison of
Bids
22.1. Bids must be received by
the Employer at the address specified in ITB Section 1.1. and no later than
the deadline for submission of Bids specified in the BDS. The Employer shall
receive Bids of all Bidders submitted before the deadline for submission of
Bids, including those who have not bought or received the Bidding Documents
from the Employer. Any Bidder that has not bought the Bidding Documents must
pay the Employer an mount equal to the selling price for a set of Bidding
Documents before their Bid envelopes are received.
21.2. The Employer may extend the
deadline for submission of Bids by amending the Bidding Documents in
accordance with ITB Section 7.2 or in other necessary cases, in which case
all rights and obligations of the Employer and Bidders previously subject to
the deadline shall thereafter be subject to the deadline as extended.
21.3. When extending the deadline
for submission of Bids, the Employer will post it on the System and send a
notice to the Bidders who have submitted their bids (if any). In the notice,
the Employer shall specify the new deadline for submission of Bids for the
Bidders to amend their Bids according to new requirements. Any submitted Bid
may be returned for amendments.
In case the Bidder has not
received or fails to receive their Bid, the Employer shall keep it as
“confidential”.
22. Late Bids
Any bid received by the Employer
after the deadline for submission of bids shall be declared late, rejected
and returned unopened to the Bidder.
23. Modification,,
Substitution, and Withdrawal of Bids
24.1. A Bidder may modify, substitute,
or withdraw its Bid after it has been submitted by sending a written notice,
duly signed and sealed (if any) by a legal representative, to the Employer.
The Bidder shall enclose the documents specified in ITB Section 11 justifying
the legal authority of the signatory of the request for modification,
substitution, or withdrawal of the Bid.
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a) submitted to the Employer in
accordance with ITB Sections 19 and 20.
b) received by the Employer prior
to the deadline prescribed for submission of bids, in accordance with ITB
Section 21.
23.3. The request for withdrawal
of Bid shall be received by the Employer prior to the deadline prescribed for
submission of bids, in accordance with ITB Section 21. The Bid asked to be
withdrawn shall be returned to the Bidder.
24. Confidentiality
24.1. Information relating to the
evaluation of bids, and recommendation of contract award, shall not be
disclosed to bidders or any other persons not officially concerned with such
process until publication of the Contract Award. No information mentioned in
the E-Bid of the successful Bidder is disclosed to any other bidders, except
for information disclosed at the bid opening.
24.2. Except for case of the bid
clarification prescribed in ITB Section 25 and the negotiation of contract,
the Bidder is not permitted to contact to the Employer on any matter related
to its bid and the procurement from the bid opening time until the
publication of Contract Award.
25. Clarification of Bids
25.1. After the deadline for
submission of bids, in the event that there is no documentary evidence
establishing the Bidder’s qualifications in the Bidding Documents, the Bidder
may supplement that documentary evidence. Within the period specified in the
BDS, the Employer shall receive the Clarification of Bids sent by the Bidder;
documentary evidence establishing the Bidder’s qualifications shall be an
integral part of the Bid. The Employer shall notify of receipt of
Clarification of Bids in writing in writing, by post, by fax or email.
25.2. In the event that there is
no documentary evidence establishing the Bidder’s qualifications in the
Bidding Documents, the Employer shall request the Bidder to clarify and
supplement that documentary evidence.
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25.3. The Clarification of Bids
shall only be made between the Bidder and the Employer having the bid that
needs clarifying without changing nature of the Bid. The request for
clarification must state the time limit for clarification by the Bidder (this
time limit should be suitable for the time for performance and to give the
Bidder reasonable time to prepare their clarifications of the Bid). The
contents of the Clarification of Bids shall be treated as an integral part of
the Bid by the Employer. Regarding clarification in terms of the Bidder’s
qualification, technical requirements or financial requirements, if the
deadline for clarification expires, but the Bidder fails to send any
clarification or the clarification does not satisfy requirements of the
Employer, the Employer shall evaluate the Bid sent prior to the bid closing
time by the Bidder.
26. Deviations, Reservations,
and Omissions
During the evaluation of Bids,
the following definitions apply:
26.1. “Deviation” means a
departure from the requirements specified in the Bidding Documents;
26.2. “Reservation” means the
setting of limiting conditions or withholding from complete acceptance of the
requirements specified in the Bidding Documents;
26.3. “Omissions” means the
failure to submit part or all of the information or documentation required in
the Bidding Documents.
27. Determination of
Responsiveness
27.1. The Employer shall
determine a bid’s responsiveness as prescribed in ITB Section 10.
27.2. A substantially responsive
bid means one that meets all the requirements of the Bidding Documents
without material deviation, reservation, or omission. A material deviation,
reservation, or omission is one that,
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b) if rectified, would unfairly
affect the competitive postion of other Bidders presenting substantially
responsive Bids.
27.3. The Employer shall examine
all technical aspects of the Bid submitted in accordance with ITB Sections
13, in particular, to confirm that all criteria prescribed in Part 2 –
Employer’s requirements, have been met without any material deviation,
reservation or omission.
27.4. If a bid is not
substantially responsive to the requirements of the Bidding Documents, it
shall be rejected and may not subsequently be made responsive by correction
of the material deviation, reservation, or omission.
28. Nonmaterial Nonconformities
28.1. Provided that a Bid is
substantially responsive, the Employer may waive any nonconformities in the
bid that do not constitute a material deviation, reservation or omission.
28.2. Provided that a bid is
substantially responsive, the Employer may request that the Bidder submit the
necessary information or documentation, within a reasonable period of time,
to rectify nomaterial nonconformities in the bid related to documentation
requirements. Requesting information and documentation on such nonconformities
shall not be related to any aspect of the financial proposal of the Bidder.
Failure of the Bidder to comply with the request may result in the rejection
of its Bid.
28.3. Provided that a Bid is
substantially responsive, the Employer shall rectify nonmaterial and
quantifiable nonconformities related to the Financial Proposal of the Bidder.
In particular, nonconformities of the Financial Proposal of the Bidder will
be rectified in accordance with the Bidding Documents as specified in ITB
Section 32.2.
29. Technical Proposal
Opening T
29.1.Except for the late bids and
bid drawal prescribed in ITB Sections 22 and 23.3, all Technical Proposals
received prior to the deadline for bid submission shall be opened and read
out information prescribed in ITB Section 29.2 (b) by the Employer. The
Technical Proposal opening shall be held in public at the address, date and
time specified in the BDS in the witness of participants being Bidders’
representatives and relevant agencies and organizations. The Technical
Proposal opening shall be conducted regardless of the adsence of any Bidder’s
representative. Only envelopes that are opended and read out at the Technical
Proposal opening shall be considered further.
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a) Checking the seal:
b) All other envelopes, including
original, modified or substituted bid (if any) shall be opened and reading
out: the name of the Bidder, number of originals and photocopies, the
validity period of Technical Proposal, the performance period and the value
and validity period of the Bid Security and other details as the Employer may
consider appropriate.
c) The representative of the Employer
shall countersign original copy of Letter of Bid of Technical Proposal, Power
of attoney of the Bidder’s representative (if any), Joint Venture Agreement
(if any), Bid Security. No Bid shall be rejected at Bid opening except for
late bids, in accordance with ITB Section 22, and bids asked for being
withdrawn, in accordance with ITB Section 23.3.
29.3. As for bid withdrawal:
The Employer shall open and read
out information in the request for withdrawal of the Bid. The Bid asked for
being withdrawn (including the Technical Proposal and Financial Proposal)
shall be returned to the Employer. No bid withdrawal shall be permitted
unless the corresponding withdrawal notice contains a valid authorization to
request the withdrawal and is read out at the bid opening.
29.4. As for modification to the
Technical Proposal
The Employer opens the envelope
and read out information in the request for modification to the Technical
Proposal and the modified Technical Proposal before opening and reading out the
original Technical Proposal of the Bidder. No Modified Technical Proposal
shall be permitted unless the corresponding modification notice contains a
valid authorization to request the modification and is read out at the bid
opening.
29.5. As for substitution of the
Technical Proposal
The Employer opens the envelope
and read out information in the request for substitution of the Technical
Proposal and the substituted Technical Proposal. The original Technical
Proposal shall be returned to the Bidder. No Substituted Technical Proposal
shall be permitted unless the corresponding substitution notice contains a
valid authorization to request the substitution and is read out at the bid
opening.
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30. Technical Proposal
Evaluation
30.1. Technical Proposal
evaluation shall be done in accordance with the procedures, methods, and
standards specified in Chapter III - Bid evaluation methods and standards
30.2. List of bidders satisfying
technical requirements shall be approved in writing. The Employer shall send
the List of bidders satisfying technical requirements to all bidders
(including the list of usuccessful bidders and brief explanation for each of
them) to all of Bidders participating in the bidding , which contains
invitations of bidders satisfying technical requirements to open Financial
Proposal, together with time and location of opening Financial Proposal.
31. Financial Proposal Opening
31.1. The Financial Proposal
opening shall be held in public at the address, date and time specified in
the Notification of List of bidders satisfying technical requirements, in the
witness of participants being Bidders’ representatives and relevant agencies
and organizations. The Financial Proposal opening shall be conducted
regardless of the absence of any Bidder’s representative. Only envelopes that
are opened and read out at the Financial Proposal opening shall be considered
further.
31.2. At the Financial Proposal
opening, the Employer shall announce List of bidders satisfying technical
requirements.
31.3. The Financial Proposal
opening shall be conducted to every Financial Proposal according to the
alphabet order of the Bidders’ names and following procedures:
a) Checking the seal:
b) Open and read out information
about: the name of the Bidder, number of originals and photocopies of Financial
Proposal; the Letter of Bid of Financial Proposal, the validity period of
Financial Proposal.
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The Employer opens the envelope
and read out information in the request for modification to the Financial
Proposal and the modified Financial Proposal before opening and reading out
the original Financial Proposal of the Bidder. No Modified Financial Proposal
shall be permitted unless the corresponding modification notice contains a
valid authorization to request the modification and is read out at the bid
opening.
31.5. As for substitution of the
Financial Proposal
The Employer opens the envelope
and read out information in the request for substitution of the Financial
Proposal and the substituted Financial Proposal. The original Financial
Proposal shall be returned to the Bidder. No Substituted Financial Proposal
shall be permitted unless the corresponding substitution notice contains a
valid authorization to request the substitution and is read out at the bid
opening.
31.6. The Employer shal prepare a
record of the Financial Proposal opening that shall include information
prescribed in ITB 31.2, 31.3, 31.4 and 31.5.
The record of Financial Proposal
opening shall be countersigned by the representative of the Bidders
participating in the Financial Proposal opening. If any signature of the
Bidders is left in the record, it shall be invalid. A record of Financial
Proposal opening shall be distributed to all Bidders who are technically
responsive.
32. Correction and deviation
adjustment
32.1. Correction means the
correction of errors in the Bids including arithmetical errors, physical unit
errors; discrepancies between the technical proposal and financial proposal
and other errors. The correction shall be conformable with the BDS.
32.2. Adjustment of deviation
means the adjustment of non-material deficiencies or redundancies in the Bid
as compared to the Bidding Documents. The adjustment of deviations shall
comply with the provisions of the BDL on the basis of ensuring fairness,
transparency and economic efficiency. The adjustment of deviations does not
constitute material deviation, reservation or omission as specified in ITB
Section 27.2. The deviation adjustment may be aimed only at comparison of
Bids.
32.3 After detecting errors or
deviations, the Employer must notify in writing the Bidder of the errors or
deviations and the correction and adjustment thereof. Within 07 working days
from the date of receiving the notice of the Employer, the Bidder must give
written comments to the Employer on the following contents:
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b) State their opinion on the
result of deviation adjustment. In case the Bidder does not accept the result
of deviation adjustment, the reason must be clearly stated for the Employer
to consider and decide.
33. Financial Proposal
Evaluation and Ranking of bidders
33.1. Financial Proposal evaluation
shall be done in accordance with the procedures, methods, and standards
specified in Chapter III - Bid evaluation methods and standards
33.2. In case the Bidder's
financial proposal has unusual factors affecting the feasibility of project
implementation or fulfillment of financial obligations, the Employer shall
report to the competent authority to ask the Bidder for clarification on the
feasibility of the financial proposal. In this case, the competent authority
is allowed to set up an interdisciplinary appraisal team to request the
Bidder to clarify the constitutive elements of the financial proposal in the
following directions:
a) Economic factors related to
the technical proposal for construction of works;
b) The applied economic solution
or special advantages of the Bidder leading to the advantage in the financial
proposal;
c) Origin of technical and
technological solutions for project implementation in compliance with the
provisions of law. In case the conditions specified at Points a, b and c of
this Section are satisfied, and the Bidder's clarification is convincing, the
Bidder's Financial Proposal may be considered further. In this case, if the
Bidder is accepted to win the bid, in order to prevent risks, the competent
authority may stipulate that the contract performance security value is
greater than 3% but not more than 10% of the total investment amount of the
project under the signed contract. In case the conditions specified at
Points a, b and c of this Section are not satisfied, and the Bidder's
clarification is not convincing enough leading to the fact that the Bidder's
financial proposal is considered unfeasible, the Bidder's Financial Proposal
will be rejected.
33.3. After evaluating the
Financial Proposal, the Employer prepares a list of Bidder ranking. The
Bidder with the highest value proposition of an unconditional contribution to
the state budget in cash in addition to the Bidder's obligations to the state
budget in accordance with current law (M2) is ranked first.
34. Award Criteria
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34.1. The Bidder has a valid Bid;
34.2. The Bidder is fully
qualified as required.
34.3. The Technical Proposal is
fully responsive.
34.4. The winning bid include
components that meet the following requirements:
a) There is a proposal that the
total project implementation cost (M1) is not lower than the preliminary
total project implementation cost (m1) in ITB Section 1.2;
b) There is a proposed value of
compensation, support and resettlement (M2) for projects with site clearance
undone not less than the preliminary cost of compensation, support and
resettlement (m2) in ITB Section 1.2;
c) There is a proposed value of
payment to the state budget in cash in addition to the obligations of the
Bidder towards the state budget in accordance with current law (M3) not lower
than the floor price for payment to the state budget (m3) specified in ITB
Section 1.2 and is the highest.
35. Bidding cancellation
35.1. The Employer shall notify
the bidding cancellation in the following cases:
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b) The Purchaser changes
objectives and scope of investment specified in the Bidding Documents;
c) Bidding Documents fail to
comply with law on bidding or other regulations of relevant law provisions
leading the nonsatisfaction of the successful bidder.
d) There is any evidence for
corrupt, fraudulent or conclusive practice, or taking advantage of positions,
powers aiming to interfere illegally in a procurement process to falsify
results of bidder selection.
35.2. Any organization or
individual violating law on bidding leading bidding cancellation as
prescribed in Point c and Point d of ITB Section 35.1 must compensate
relevant contracting parties and face penalties as prescribed.
35.3. Regarding bidding
cancellation prescribed in ITB Section 35.1, within 20 working days, the
Employer shall return or release Bid Security to bidders, excluding bidding
cancellation prescribed in Point d of ITB Section 35.1.
36. Publication of the
Contract Award
36.1. After the Bidder selection
result is available, the Employer shall post information about the Bidder
selection result on the System, and also send a written notice of the Bidder
selection result to the Bidders who participate in the bidding no later than
05 working days from the date the Bidder selection result is approved. The
written notice of investor selection results must include the following
contents: Contents of the notification of bidder selection result:
a) Project name; objectives and
scope of the project.
b) Name of the successful bidder;
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d) Location of project
performance, area and land lease term.
dd) Time to operate the project
after completing the investment.
e) Total project performance
costs (excluding costs of compensation, support, resettlement, and land
rents).
g) Total amount proposed to be
paid into the state budget by the Bidder.
h) Other details (if any).
36.2. Regarding bidding
cancellation prescribed in ITB 35.1, the explanation for the bidding
cancellation shall be provided in the notification of bidder selection
result.
36.3. Together with the
notification of bidder selection result, the Employer shall send Letter of
Acceptance and Contract Award, including requirements pertaining to
performance security, time for negotiation, completion and conclusion of
contract prescribed in ITB Section 38 to the successful bidder. The Letter
of Acceptance and Contract Award shall be an integral of the Contract
documents. In the event that the successful bidder fails to come to
negotiate, complete and conclude the contract or pay Performance Security
before the deadline mentioned in the Letter of Acceptance and Contract Award,
such bidder shall be rejected without Bid Security return as prescribed in
Point c and d ITB Section 17.6.
37. Negotiation, finalization
and conclusion of contract
37.1. Based on the Bidder
selection result, the competent authority shall organize the negotiation and
finalization of the contract with the successful bidder.
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37.2. Contract negotiation and
finalization:
a) Negotiation and completion on
nonclarification or nonconformities between the Bidding Documents and the
Bid, between discrepancies in the Bid possibly leading dispute or affecting
the duties of contracting parties during the performance of the contract.
i) Negotiation on issues
incurring from the bidder selection (if any) to complete the detailed matters
of the project;
c) Negotiation on the progress of
handing over the construction site; progress of bidders transferring the
value of compensation, support and resettlement for projects with site
clearance undone, the value paid to the state budget in cash.
d) Negotiation on the plan to
meet the conditions for business and operation of road services (if any) in
accordance with the provisions of the law on roads (including conditions on
organizational apparatus; team staff; specialized infrastructure and
equipment; capital requirements to meet business and road service
requirements at the route).
dd) Negotiation on the
responsibilities of the parties in the process of performing the project
contract and operating and trading in road services.
e) Negotation on other essential
matters.
37.3. During the negotiation and
finalization of the contract, the parties shall complete the basis for
signing the project contract, the draft contract, changes to the special
terms of the contract (if any).
37.4. In case contract
negotiation and finalization is unsuccessful, the Employer shall report to
the competent authority to consider and decide to cancel the Bidder selection
result and invite the next ranked bidder to negotiate and finalize the
contract. In case the negotiation and finalization with subsequent bidders
is unsuccessful, the Employer shall report to the competent authority for
consideration and decision to cancel the bid according to the provisions of
Clause 1, Article 17 of the Procurement Law.
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38.1. The Bid of the Bidder shall
remain valid at the time of signing of contract.
38.2. At the time the Contract is
signed, the successful Bidder shall be technically and financially responsive
to perform the project.
Where necessary, the competent
authority will verify information on the Bidder's qualifications, if the
project still meets the requirements for project performance, then the
contract will be signed.
38.3. Competent agencies must
ensure the project site and other necessary conditions to perform the project
on schedule.
39. Performance Security
39.1. Before the contract takes
effect, the Bidder shall furnish a Performance Security in the form of either
a deposit, deposit on guarantee, or a bank guarantee from a bank or credit
institution lawfully operating in Vietnam.
Value, currency and validity
period of the Performance Security shall be specified in the BDS.
The Performance Security is made
according to Form No. 14 Part 3 - Draft Contract and Contract Form of the
Bidding Documents or another form approved by the competent authority.
39.2. The time limit for which
the performance security is returned shall be specified in the BDS
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a) Refuse to perform the contract
on the effective date of the contract;
b) Violate terms and conditions
of the contract;
c) Perform the contract behind
the schedule and refuse to extend the validity period of the Performance
Security.
40. Handling complaints in
bidding
Bidders are entitled to file
complaints against the bidder selection progress and result to the Employer,
competent authorities, advisory board at the address prescribed in the BDS
when they found their lawful rights and interests are infringed. The
complaints in bidding shall be handled as prescribed in Section 1 of Chapter
XII of the Procurement Law.
41. Handling of
violations in bidding
41.1. Organizations and
individuals that violate the law on bidding and other relevant provisions of
law shall, depending on the nature and seriousness of their violations, be
disciplined, incur administrative penaltie, or face a criminal prosecution;
where violations of the law on bidding cause damage to the interests of the
State, the legitimate rights and interests of organizations and individuals,
they must compensate for the damage in accordance with law.
41.2. In addition to being
sanctioned according to the provisions of ITB Section 41.1, depending on the
nature and seriousness of their violations, organizations and individuals
that violate the law on bidding are also prohibited from participating in
bidding activities and included in the list of bidders on the national
bidding network system.
41.3. In case of violations
leading to a ban from participating in bidding activities, violating bidders
may be banned from participating in bidding activities for projects under the
management of a competent authority or within a Ministry, central agency,
local area or nationwide according to the provisions of Clause 3, Article 90
of the Law on Procurement.
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a) The decision on handling of
violations shall be sent to the handled organizations and individuals and
related agencies and organizations, and also sent to the Ministry of Planning
and Investment for monitoring and consolidation;
b) The decision on handling of
violations shall be published onthe Vietnam Public Procurement Review
Journal, the System.
42. Monitoring bidder
selection progress
The competent authority appoints
individuals or units mentioned in the BDS to participate in supervising and
monitoring the Bidder selection process for the project. In case the Bidder
discovers that any behavior or matter is inconsistent with the provisions of
the Procurement Law, the Bidder is responsible for notifying the individual
or unit in charge to supervise and monitor them.
43. Contract performance
After signing the contract, the
Employer and the Bidder shall coordinate with the local land management
agency to submit it to the competent People's Committee for decision on land
recovery and decision on approval for compensation, support and resettlement
plans in accordance with the land law for projects with site clearance
undone. Based on the agreed progress in the contract, the Bidder shall pay
the value of compensation, support and resettlement (M2) for the project with
site clearance undone to the local land management agency and the value of
pay the state budget in money (M3) proposed in the bid to the Central State
Treasury. No interest is charged on expenses for compensation, support and
resettlement.
In case the value of
compensation, support and resettlement under the approved compensation,
support and resettlement plan is lower than the value of M2, the difference
will be remitted into the state budget; in case it is higher than the M2
value, the Bidder must make up for the shortfall, the value of the shortfall
shall be included in the investment capital of the project.
The Bidder may have the value of
compensation, support and resettlement according to the approved plan
deducted from the land rent, but not exceeding the amount that the Bidder is
obliged to pay into the budget as prescribed by law on land.
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ITB 1.1
Name and address of the Employer:
- The Employer is:_____[insert
complete name].
- Representative: ____
[insert full name of the representative]
- Number of house/floor/rooms:
____ [insert house number, floor number, room number (if any)]
- Street name: ____ [insert
street name]
- City: ____ [insert city or town
name]
- Postal code: ____ [insert
postal code (if any)]
- Telephone:________[include
telephone number, including country and city code].
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- Email address:__________[insert
email address, if applicable].
ITB 1.2
Preliminary total project
performance cost (m1): ____ [preliminary total approved project performance
cost in the project list].
- Preliminary compensation, support
and resettlement costs (m2): ____ [preliminary compensation, support and
resettlement costs of the land area in need of support and resettlement
determined at Clause 2, Article 16 of this Circular]. Or costs of
compensation, support and resettlement that the Bidder must return to the
state budget in case the state has reclaimed land and has cleared any
disputes or legal issues thereof (m2): …
- Floor price for state budget
payment (m3): ____ [insert floor price for state budget payment determined according
to Clause 2, Article 17 of this Circular].
ITB 1.3
Requirements pertaining to
owner’s equity and borrowed capital of the Bidder:
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- Minimum loan amount the Bidder
can arrange: ____ [insert minimum loan amount that bidders must arrange in
numbers and words. The minimum loan capital that the Bidder must
arrange from 50%-70% of the total project performance cost, depending on the
nature and scale of the mentioned project. In which, the total project
performance cost is determined by the total value of m1 and m2].
ITB 1.4
Basic information of the project
includes:
- Project’s name:
__________________________
- Investment objective and scale:
______________________
- Location of project
performance: ______________________
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- Preliminary cost of
compensation, support and resettlement: ___________________
- Summary of the basic
requirements of the project: ______________________
- Investment term and progress:
______________________
- Time to operate the project after
completing the investment: ______________________
- Land area:
______________________
- The approved planning criteria:
______________________
- Current status of the land:
________________________________
ITB 3.4
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- Consultant providing
consultancy on appraisal of Bidding Documents (if any)____[insert complete
name and address];
- Consultant providing
consultancy on evaluation of Bidding Documents (if any)____[insert complete
name and address];
- Consultant providing
consultancy on appraising results of bidder selection (if any): ____[insert
complete name and address].
ITB 3.5
Requirements for registration on
the System: _____ [Based on Clauses 1 and 3, Article 29 of Circular No.
10/2022/TT-BKHDT , the Employer stipulates as follows: "1. Register to
participate in the System to be approved according to regulations before the
deadline for submission of bids to ensure the eligibility as prescribed at
point d, clause 1, Article 5 of the Procurement Law for investment projects
using land according to the User Manual for PPP projects”, “3. Provide and
post bidding information on the System, ensure compliance with the
responsibilities corresponding to Article 80 of the Procurement Law for
investment projects using land or according to the User's Guide for with the
PPP project”.
If Clauses 1 and 3, Article 29
of Circular No. 10/2022/TT-BKHDT are amended, supplemented or replaced, the
Employer must update the relevant contents in this Section].
ITB 3.7
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_________________________________
[insert grounds in accordance
with applicable law, for example:
- Results of handling violations
of the land law for local projects are posted on the portal of the Provincial
People's Committee, Department of Natural Resources and Environment;
- Contents of announcement on
land law violations on results of handling of land law violations on the web
portal of the Ministry of Natural Resources and Environment for projects that
bidders have been performed].
ITB 5.2
A Pre-Bid meeting [insert “will”
or “will not”] take place.
[In case the Pre-Bid meeting
is held: insert the date, time, and location of the meeting]
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The Employer [insert “will” or
“will not"] conduct a site visit.
[If the Employer instruct the
Bidder to conduct a site visit, time and place shall be specified].
ITB 7.2
Addenda will be posted by the
procuring entity on the System before the deadline for submission of bids at
least _____ [insert specific number of days, to give bidders to reasonable
time to complete the Bid, and at least 15 days for domestic bidding and 25
days for international bidding].
ITB 9
[Based on the form of bidding,
specify the language of the Bid:
- As for international
bidding:
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Documents and supporting
materials in the Bid may be written in another language and accompanied by a
translation into: ____ [If the Bid is written in English, insert “English”;
if Bid documents are written in both English and Vietnamese, insert
"Language chosen by bidders to make Bid"]. In case of absence of
the translation, the Employer may request the Bidder to supplement when
necessary.
- As for domestic bidding:
The Bid, as well as all
correspondence and documents relating to the bid exchanged by the Bidder and
the Employer, shall be written in Vietnamese.
Supporting documents and
printed literature that are part of the Bid may be in another language
provided they are accompanied by an accurate translation of the relevant
passages into Vietnamese. In case of absence of the translation, the Employer
may request the Bidder to supplement when necessary.
ITB 10.4
The Bidder shall submit the
following documents in conjunction with the Bid:___[insert other documents in
conjunction with the Bid other than regulations in ITB Sections 10.1, 10.2,
10,3 as required by the scope and nature of the procurement without any
restriction on participation of the Bidder. If there is no requirement,
clearly mark it “no requirement”].
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ITB 12.1
Written confirmation of eligible
Proposer:
a) As for independent Bidder,
documents establishing their qualifications include:
Copies of original documents of:
Certificate of Enterprise registration, Establishment Decision or equivalent
documents issued by competent agencies of the country in which the Bidder is
operating.
b) As for JV Parties, documents
establishing their qualifications include:
- Documents mentioned at Point a
of this Section for each JV Party;
- The JV agreement between
Parties according to Form No. 03 in Chapter III - Bidding Forms.
ITB 12.2 (b)
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ITB 13
Documents establishing the
Technical Proposal include:
a) Proposal for the plan and
method of performing the project
b) Proposal for the plan to
operate, manage and provide specialized road services.
ITB 14.1
[Based on the nature and field
of the project, the Employer shall stipulate that the Bidder may propose to
replace the project performance plan. In case the Bidder is not proposed to
replace the project performance plan, it must be clearly stated as “not
applicable”].
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[Based on the scale, nature
and specific fields of the project, the Employer shall prescribe appropriate
contents].
ITB 16
- Bid currency is:
__________________
[according to the request of
the project, one or a number of currencies not exceeding 3, for examples:
VND, USD, EUR. In case there is VND among those currencies, it must be
converted to VND. In case an offer in foreign currency is allowed, the
Employer must be required to prove the work using foreign currency and the
preliminary value of the corresponding foreign currency; domestic expenses must
be quoted in VND, foreign expenses related to the project shall be quoted in
foreign currency].
In case two or three
currencies are specified, the following contents shall be added:
- The currency used to
convert all values from many different currencies into a single currency
(conversion currency) to serve the evaluation and comparison of the Bid is:
________[insert currency name , in case there is VND in the currency, it must
be converted into VND] at the selling rate of a commercial bank ____[insert name
of a reputable commercial bank and based on the exchange rate announced by
that bank to convert] announced on ____ [specify day, month, year].
- Intermediary currency: ____
[insert the name of the intermediary currency to convert from different
currencies to the conversion currency in case there is no direct exchange
rate between these currencies and the converted currency. In this case,
it is necessary to specify more about the formula for determining the
conversion rate through the intermediary currency (the selling rate, buying
rate, at the time ...)
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- The value of Bid Security is
_______ [insert specific value and currency, equivalent to 0.5%-1.5% of the
total project performance cost]
- The validity period of the Bid
Security shall be: ____days [insert number of days, which equals the
validity period of the Bid plus 30 days], from the deadline for submission of
bids.
ITB 17.5
The Employer shall return or
release the Bid Security of the unsuccessful bidder within days from the date
on which the Bidder selection result is approved [insert specific number of
days but not exceeding 20 day]
ITB 18.1
The validity period of the Bid
(Technical Proposal and Financial Proposal) is ____ days from the deadline
for submission of bids [insert specific number of days, ensuring the progress
of the works according to the Progress Monitoring Table in the Bidder
selection has been approved by the competent authority]
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- The number of copies of the
Technical Proposal is: _____[insert number].
- The number of copies of the
Financial Proposal is: _____[insert number].
ITB 21.1
- The deadline for submission of bids
is: ________[time, insert hour and minute]_________________[date, insert day,
month, and year].
6[the deadline for submission
of bids shall be specified according to the scope and nature of the
procurement provided that period of time from the first day on which the
Bidding Documents are issued to the deadline is at least 60 days and the
deadline shall not fall to the early hour of a working day which may restrict
the submission of bids by bidders].
- Bidding documents have the
selling price of: _______ [insert the selling price of the Bidding Documents,
provided not exceeding 20,000,000 (twenty million) dong for domestic open
bidding; not more than 30,000,000 (thirty million) dong for international
open bidding]
ITB 25.1
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ITB 29.1
The time for opening the
Technical Proposal is: _____ hour _____ minute, day _____ month _____
year_____ at the place of bid opening at the address as follows:
- House/floor/room number:
- Street:
- City:
[insert the time of bid
opening supossed to start within 01 hour from the deadline for submission of
bids]
ITB 32.1
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a) Arithmetical errors include
errors due to incorrect addition, subtraction, multiplication and division
when calculating service prices or the value of the State's capital
contribution or the value of the contribution to the state budget and other
financial criteria.
b) Physical unit errors:
- Physical unit errors: correct
units in conformity with the Bidding Documents’ requirements;
- Unit errors: replace “,”(comma)
with “.” (stop) and vice versa in conformity with the Vietnamese unit.
c) Other errors:
- If there is a discrepancy
between words and figures, the amount in words shall prevail, and the amount
in figures shall be corrected. If the amount in words is related to
arithmetic error, the amount in figures prescribed in this Section shall
prevail.
- If there is a discrepancy
between the contents of the technical proposal and the content of the
financial proposal, the content of the technical proposal will prevail for
error correction.
ITB 32.2
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ITB 39.1
- The validity period of the
Performance Security is: The Performance Security takes effect from the
effective date of the contract until the date ______
[Based on the scale, nature,
and field of the project, this term is prescribed, for example: The
Performance Security must remain valid until the date the Bidder fulfills the
obligations specified in the project contract].
- The value of Performance
Security is _______ [insert specific value and currency, equivalent to 1-3%
of the total project performance cost]
ITB 39.2
- Time limit for return of
Performance Security: ________ [specify time-limit for return of Performance
Security to the Bidder immediately after or no later than days since the work
is completed and accepted] .
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Mailing addresses:
a) Mailing address of the
Employer: _______ [insert address, fax number, contact phone number of the
Employer].
b) Mailing address of the
competent authority: _____ [insert the mailing address, fax number, contact phone
number of the head of the competent authority that will sign the project
contract].
c) Standing division of the
Advisory Council: _____[insert address, fax number, contact phone].
ITB 42
Information of individuals and
units participating in supervision and monitoring: ______ [insert full name,
address, phone number, fax number of the individual or unit assigned by the
competent person or authority to perform the supervision and monitoring of
the Bidder selection process of the project (if any); in case supervision and
monitoring is not carried out, insert “not applicable”].
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Section 1. Inspecting and
evaluating the validity of Technical Proposal
1.1. Inspecting the Technical
Proposal:
a) Inspect the quantity of
photocopies of the Technical Proposal;
b) Inspect the composition of the
Technical Proposal, including: Bid Submission Form of Technical Proposal, joint
venture agreement (if any), power of attorney to sign the Bid Submission Form
(if any); Bid Security; documents proving the Bidder’s qualifications;
technical proposal; and other documents of the Bid as prescribed in ITB Section
13;
c) Inspect the consistency between
the original copy and photocopies to serve the thorough evaluation of the
Technical Proposal.
1.2. Evaluating the validity
of the Technical Proposal :
A Technical Proposal is considered
valid when all of the conditions below are satisfied:
a) There is an original copy of Technical
Proposal;
b) There is a Letter of Technical
Bid bearing the signature and seal (if any) by of the legal representative of
the Bidder. Regarding JV Parties, Letter of Bid shall bear the signature and
seal (if any) of the legal representative of every JV Party or the head of the
leading JV's Party authorized to sign the Letter of Bid according to the
regarding JV agreement (if any).
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d) There is a Bid Security of which
value and validity period comply with ITB Section 17.3. If the Bid Security is
paid in the form of Bank Guarantee, the Bank Guaranteeshall be signed by the
legal representative of the credit institution or the branch of foreign bank with
the value, validity period and name of the Employer (the beneficiary) as
prescribed in ITB Section 17.3;
dd) The Bidder shall not have its
name included in multiple Technical Proposals as a primary Bidder (an
independent Bidder or a joint venture member) for the same project;
e) In case of JV Parties, it
requires a JV agreement with signatures and seals (if any) of the
representatives of JV Parties and the JV agreement shall clarify common and
private responsibilities of every JV Party using form 03 Chapter IV - Bidding
Forms;
g) The Bidder’s status is valid as
prescribed in ITB Section 3.
The Technical Proposal is
considered valid when all of the conditions are considered “responsive”. The
Technical Proposal is considered invalid if any of the conditions is considered
“non-responsive”, and whereupon, the Technical Proposal is disqualified.
Any Bidder having valid Technical
Proposal shall be considered further.
Section 2. Qualification
evaluation:
2.1. Method of evaluation
a) According to scope and nature of
the project, apply either one of the following methods:
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- Pass-fail system.
- Combined evaluation of pass-fail
system and scoring method.
b) In case of using the scoring
method, the minimum score to be assessed as satisfying the requirements must
not be lower than 80% of the total score of qualifications and experience and
the score of each basic criterion must not be lower than 70% of the criterion’s
maximum score.
2.2. Evaluation Criteria
The evaluation of qualifications
and experience of the Bidder is done according to the Table 1 below:
TABLE
1: QUALIFICATION EVALUATION CRITERIA
No.
Criterion
Requirement
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Financial situation of the
Bidder (1)
1
Minimum equity of the Bidder for
the project
Minimum equity the Bidder must
arrange (2): ____[insert the minimum equity required by the Bidder to arrange
by numbers and letters. The Bidder must arrange at least 30%-50% of the
total cost of project performance, depending on the nature and scale of the
mentioned project. In which, the total project performance cost is determined
by the total value of m1 and m2].
In the case of a joint venture,
the equity of the Bidder in the JV is equal to the total equity of the JV
Parties. Besides, each JV Party must meet the requirements corresponding to
the owner's contributed capital according to the JV agreement; if any JV
Party is assessed as non-responsive, the JV Parties is assessed as
non-responsive as to the owner’s equity.
The leading JV Party must have a
minimum owner’s equity of 30%, each JV Party must have a minimum owner’s
equity of 15% in the JV.
2
Ability to arrange loans
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In the case of a joint venture,
this criterion is assessed according to the total value of loans that the JV
Parties can arrange.
II
The Bidder's experience in
trading and exploiting specialized road services
The Bidder or a JV Party has
already operated or operated a specialized road service under the project
under consideration and meets one of the following conditions:
- The Bidder has been granted a
service business license (if any) in accordance with the investment granted
by a competent authority at least in _ national highways and expressways
[insert the number of national highways and expressways depending on the
scale and nature of the project under consideration].
- The Bidder has operated
specialized road services under the project under consideration for at least
____ years [insert the number of years of operation of specialized road
services depending on the scale and nature of the project under
consideration].
(Depending on the scale and
nature of the project to specify one of the two conditions above)
III
Capital conditions for
foreign bidders providing road services
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Notes:
(1) Based on the size, nature
and field of the project, other financial indicators can be adjusted or added
such as: net asset value, revenue, profit,...
In case the Bidder is a newly
established organization in the year, the Bidder's financial situation is
assessed on the basis of the financial statements audited by an independent
auditor from the time of establishment to the deadline for submitting project
registration documents is up to 28 days.
(2) The Bidder's equity is
determined on the basis of the Bidder's financial data updated within a maximum
period of 28 days before the deadline for submitting the application for
registration of project performance and commitment to raise equity capital of
the Bidder.
The Bidder must declare
information, provide documents on financial situation according to Form No. 06
and provide a commitment on raising equity according to Form No. 07 in Chapter
IV - Bidding Form.
Bidder's remaining equity =
Total equity - Litigation-related expenses - Committed equity for ongoing
projects and other long-term investments (if any) - Equity to be retained in
accordance with regulations (Equity used exclusively for allocation or required
by law as to the Bidder; Equity to be retained according to special provision
requirements for as the case may be; Other equity committed to be refunded and
not used for dividend claims, etc.).
Section 3. Technical evaluation
3.1. Method of evaluation
Use the scale of 100 or 1,000
scoring system to develop technical evaluation criteria, in which the minimum
and maximum points must be specified for each general and detailed criterion.
When formulating technical evaluation criteria, a minimum score must be
specified to be assessed as meeting the requirements but must not be lower than
70% of the total technical score and each item required on the project
performance plan and method; the plan on organization of operation, management
and provision of specialized road services shall not be lower than 60% of the
maximum score of that item, depending on the scale and nature of each specific
project.
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Based on the scale, nature and
field of the project, the Employer shall specify the technical evaluation
criteria. The Employer requires the Bidder to explain the project performance
plan and method; explain the method of organizing the operation, management and
provision of specialized road services to assess the suitability and
feasibility of the Bidder's proposal for the following contents:
TABLE 2. TECHNICAL EVALUATION
CRITERIA
Item
No.
Criterion
Maximum
score
Detailed
score
Minimum
score
I
Evaluation of the Bidder’s
proposal for the plan and method of performing the project
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1
Demonstrating the understanding
of the actual existing condition; output growth forecast; the project's
objectives according to the approved plan
{0>
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3
Technical and technological plan
of the project
4
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5
Plans to reduce environmental
impact
6
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7
Plan on connecting traffic
infrastructure, technical infrastructure (water drainage, environment) of the
project with the general infrastructure of the national highway and
expressway; make clear architectural plans and drawings of the general plan
at the scale of 1/500, meeting the requirements of the Bidding Documents
within the project boundaries with the Bidder's funds.
8
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9
Time to operate the project after
completing the investment
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1
Plan to meet the conditions for
business and operation of road services (if any) in accordance with the
provisions of the law on roads (including conditions on organizational
apparatus; team staff; specialized infrastructure and equipment; capital
requirements to meet business and road service requirements at the route, and
documents, and contracts to prove that they meet those conditions).
2
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3
Plan on coordination with the
road authority in the process of providing road services of the Bidder,
ensuring security and safety
4
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Total (100%)
In addition to the
above-mentioned criteria, in the process of developing technical evaluation
criteria, the Employer may adjust and supplement other technical criteria
suitable to the nature, field and characteristics of the specific project.
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4.1. Inspecting the Financial
Proposal:
a) Inspect quantity of photocopies
of Financial Proposal;
b) Inspect composition of the
original copy of Financial Proposal, including: Letter of Bid of Financial
Proposal, and other documents of Financial Proposal as prescribed in ITB
Section 15;
c) Inspect the uniformity of
contents between original copy and photocopies to serve the detailed evaluation
of Financial Proposal.
4.2. Evaluating the validity
of the Financial Proposal:
A Financial Proposal is considered
valid when all of the conditions below are satisfied:
a) There is any original copy of
Financial Proposal;
b) There is a Letter of Bid of
Financial Proposal bearing the signature and seal (if any) by of the legal
representative of the Bidder. Regarding JV Parties, Letter of Bid shall bear
the signature and seal (if any) of the legal representative of every JV Party
or the head of the leading JV's Party authorized to sign the Letter of Bid
according to the regarding JV agreement (if any);
c) The section of payment to the state
budget stated in the Letter of Bid must be specific, fixed in numbers and
words, not suggesting different values for the same item or be accompanied by
conditions that are unfavorable to the competent authorities, the Employer;
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The Financial Proposal is
considered valid when all of the conditions are considered “responsive”. The
Financial Proposal is considered invalid if any of the conditions is considered
“non-responsive”, and whereupon, the Financial Proposal is disqualified.
The Bidder having valid Financial
Proposal shall have the detailed financial-commercial proposal evaluated
further.
Section 5. Financial-commercial
evaluation
The Bidder with a proposal that the
highest value of total project performance cost (M1) is not lower than m1 (M1 ≥
m1); the compensation, support and resettlement value (M2) is not lower than m2
(M2 ≥ m2) for projects with site clearance undone; value (m2)=m2 for projects the
land of which has been reclaimed by the government and has been cleared of any
disputes or legal issues; unconditional contribution to the state budget in
cash in addition to the Bidder's obligations to the state budget as prescribed
by applicable law (M3) is ranked first and considered contract award. Where:
5.1. m1 is the preliminary total
project performance cost as prescribed in Section 1.2 of the BDS.
5.2. m2 is the preliminary cost of
compensation, support and resettlement of the land area to be supported and
resettled for the project specified in Section 1.2 of the BDS.
5.3. m3 is the floor price paid to
the state budget as prescribed in Section 1.2 of the BDS.
5.4. M1 is the total project
performance cost (excluding the cost of compensation, support, resettlement,
and land rent) proposed by the Bidder in the Bid. The project performance plan
is developed by the Bidder on the basis of conformity with the project
performance requirements in Part 2 of the Bidding Documents.
5.5. M2 is the value of compensation,
support and resettlement for the project proposed by the Bidder in the Bid
based on the content of m2 determined in the Bid.
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5.7. In case the Bidder proposes
the highest value of M3 in the Bid, but the total project performance cost
proposed (M1) is lower than m1, the Employer shall report to the competent
authority to consider according to Clause 12, Article 80 of Decree No.
25/2020/ND-CP .
During the project performance, the
successful Bidder is responsible for strictly following the proposed plan,
ensuring that the project performance requirements are met. Project
performance costs are determined on the basis of actual implementation process
but must ensure compliance with relevant legal regulations and meet project
performance requirements.
CHAPTER
IV. BIDDING FORMS
A. Letter of Bid of Technical
Proposal
1. Form No. 01: Letter of Bid of
Technical Proposal
2. Form No. 02: Power of Attorney
3. Form No. 03: Joint Venture
Agreement
4. Form No. 04: Bidder information
5. Form No. 05: Project partners
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7. Form No. 07: Commitment to provide
financial and credit for the Bidder
8. Form No. 08: The Bidder's
experience in trading and exploiting specialized road services
9. Form No. 09: Technical Proposal
10. Form No. 10: Bid Security
B. Letter of Bid of Financial
Proposal
1. Form No. 11: Letter of Bid of
Financial Proposal
2. Form No. 12: Summary of project
performance costs and costs of compensation, support and resettlement for
project with site clearance undone
FORM
No. 01
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(in
Technical Proposal)
[Location
and date]_______________
To:
_______ [insert Employer’s name]
After taking account of the Bidding
Documents of the project ____ [insert project’s name] issued by ________
[insert the Employer’s name] (hereinafter referred to as the Employer) on ____
(date) and revisions thereof number ____[insert the number of the revisions (if
any)], we, ____[insert the Bidder’s name], submit the technical proposal in
accordance with the mentioned project. This technical proposal was submitted
with no conditions and constraints attached.
We are ready to provide the
Employer with any other necessary additional information or clarification at
the request of the Employer.
We hereby declare that(2):
1. Only submit one technical
proposal as an independent bidder, a JV Party.
2. We are not undergoing
dissolution process, are not thrown into bankruptcy, and do not incur bad debts
as prescribed by law.
3. We do not commit violations
against regulations on assurance of competitiveness in bidding.
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5. The information declared in the
technical proposal is accurate and truthful.
6. We agree and declare to bear all
related responsibilities for all obligations of the Bidder during the bidding
process.
This technical proposal is valid
for the period of ____ [insert number of days](3) from the date of ____ month
____ year ____ [insert deadlien for submission of bids](4).
Legal
representative of the Bidder (5)
[Full
name, position, signature and seal (if any)(6)]
Notes:
(1) The Bidder should fully and
accurately note the information about the names of the Employer, the
Bidder, and the validity period of the Technical Proposal.
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(3) The validity period of the
Bid begins from the the deadline for bid submission to its expiration date as
prescribed in the Bidding Documents. The period of time from the deadline time
for the submission of bids to 24:00 of the deadline date is considered 01 day.
(4) Insert the dealine date as
prescribed in Section 21.1 of the BDS.
(5) For independent Bidder, the
Letter of Bid must be signed and stamped (if any) by the Bidder’s legal
representative. Regarding JV Parties, Letter of Bid shall bear the signature
and seal (if any) of the legal representative of every JV Party or the head of
the leading JV's Party authorized to sign the Letter of Bid according to the
regarding JV agreement (if any).
The legal representative of the
Bidder/JV Party is determined in accordance with Section 11 of the ITB.
(6) If a foreign bidder has no
seal, there must be a certification issued by a competent agency that the
signature in the Letter of Bid and any other documents of the Bid belongs to
its legal representative.
FORM
NO. 02
POWER
OF ATTORNEY
[Location and date]_______________
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[The scope of
authorization includes one or more of the following tasks:
- Sign the Letter of Bid;
- Sign documents with the the
Employer during the bidding process, including the request for Clarification of
Bidding Documents and Bids;
- Sign petitions in bidder selection
(if any);
- Perform other tasks:
_______________ [specify other tasks (if any)].
The authorized person only perfoms
the tasks within the area of competence of a legal representative of __________
[insert name of bidder]. ____________ [insert name of bidder’s legal
representative] is totally responsible for the tasks performed by ___________
[insert name of authorized person] within the authorization scope.
The Power of Attorney is effective
from __________ [date] to _________ [date](1) and is made into _______ copies
with equal value. _____ copies are kept by the authorizer, and _______ copies
are kept by the authorized person. One (01) original of the technical proposal
is attached.
Authorized
person
[Full name, position, signature and seal (if any)]
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Notes:
(1) Insert the effective date
and and expriration date of the Power of Attorney in conformity with the bidding
process.
(2), (3) The authorized person
may use the seal of the Bidder or their seal.
FORM
NO. 03
JOINT
VENTURE AGREEMENT
[Location
and date]_______________
Representatives of signatories to
the joint venture agreement include:
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- Country where the operation is
registered:
- TIN:
- Address:
- Phone number:
- Fax:
- Email:
- Legal representative:
- Position:
Power of Attorney No._____ dated
_______[in case of authorization].
...
...
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Article 1. General rules
1. Parties voluntarily establish
this JV to participate in the process of bidding for __________ _______________
[insert name of project].
2. Official name of the JV used in
every transaction related to the project: ______________ [insert the agreed
name of the JV].
Transaction address of the JV:
Phone number:
Fax:
Email:
Representative of the JV:
3. Every member is committed not to
unilaterally participate or establish a joint venture with another member to
participate in this project.
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The members agreed to assign
responsibilities to perform the tasks in the bidding process to select bidders for
the project as follows:
1. The Parties agree to assign
_____ [insert name of a JV Party] is the leading Party of the JV, representing
the JV to perform the following tasks (can be revised according to the
agreement of the Parties):
[The leading Party may represent
the JV to perform one or more of the following tasks:
- Sign the Letter of Bid;
- Sign documents with the the
Employer during the bidding process, including the request for Clarification of
Bidding Documents and Bids;
- Sign petitions in bidder
selection (if any);
- Perform other tasks except for
contract conclusion: _______________ [specify other tasks (if any)].
2. Roles and responsibilities of JV
Parties (1) [specify roles and responsibilities of each JV Party and state the
percentage of owner's equity in the JV]:
No.
...
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Roles
[Insert
the part of work that the Party undertakes (financial arrangement,
construction, management, operation,...]
Owner’s
equity
Amount
Percentage
1
Party 1 [leading Party]
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2
Party 2
[at least 15%]
3
Party 3
...
...
...
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...
Total
100%
Article 3. Effect of Joint
Venture Agreement
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2. The Joint Venture Agreement
expires in the following cases:
- The Parties mutually agree to
terminate;
- There is a change in JV Parties.
In this case, if the change of a JV Party is approved by the Employer, the
Parties must establish a new JV agreement;
- The JV is not awarded the
contract;
- The Bidder selection of the
project cancels according to the notice of the Employer.
- All parties have fulfilled their
duties and finalize the contract;
This JV Agreement is made into
_____ original(s), each JV Party keeps ___ copies, enclosed with 01 original of
the bid. The copies have the same legal validity.
Legal
representative of each JV Party (2)
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Notes:
(1) The Bidder must list the
participating role and equity contribution ratio of each JV Party.
(2) The legal representative of eachJV
Party is determined in accordance with Section 11 Chapter I of this Bidder
Document.
(3) In case a JV Party is a
foreign bidder without a seal, a competent organization's certification must be
provided that the signature in the JV agreement is that of the Party’s legal
representative.
FORM
NO. 04
BIDDER
INFORMATION
[Location
and date]_______________
1. Bidder/JV Party name:
...
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3. Year of establishment:
4. Legal address of the Bidder in
the country of registration:
5. Information about the legal
representative of the Bidder:
- Name:
- Address:
- Phone number/Fax:
- Email address:
6. Organizational chart of the
Bidder.
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[Full
name, position, signature and seal (if any)]
Notes:
(1) Regarding JV, each JV' Party
shall declare information using this Form.
(2) The Bidder needs to submit
copies of original documents of: Certificate of Enterprise registration,
Establishment Decision or equivalent documents issued by competent agencies of
the country in which the Bidder is operating.
FORM
NO. 05
PROJECT
PARTNERS (1)
No.
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Country
where the operation is registered
Role(3)
Legal
representative
Contract
or written agreement with partner(4)
1
Company 1
[Finance provider]
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2
Company 2
[Construction Contractor]
3
Company 3
...
...
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....
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[Full
name, position, signature and seal (if any)]
Notes:
(1) In case other partners are
involved, the declaration shall be made according to this Form.
(2) The Bidder shall specify the
names of the partners participating in the project performance. In case names
of partners are not determined, this column may be left blank and only the
column “Role” is filled. After that, if the bid is won, when mobilizing
partners to perform the declared work, the Employer must be notified.
(3) The Bidder clearly records
the participating role of each partner.
(4) The Bidder shall specify the
contract number or written agreement, enclosed with certified copies of such
documents.
FORM
NO. 06
...
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1. Bidder/JV Party name:
2. Information on financial
situation of the Bidder/JV Party:
a) Summary of financial data(2):
Item
No.
Description
Amount
1
Owner’s equity
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Litigation-related expenses (if
any)
3
Committed equity for ongoing
projects and other long-term investments (if any)
4
Owner's equity to be retained
according to regulations
5
...
...
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(5)
= (1) - (2) - (3) - (4)
b) Attachment(3)
Attached are documents proving the
Bidder's financial data updated within a maximum period of 28 days before the
deadline for submission of bids:
- A copy of the audited financial
statements for a period of 28 days prior to the deadline for submission of bids
(the Bidder can use the annual financial statements, the interim financial
statements, the statement of owner’s equity).
The statements provided by the
Bidder must ensure compliance with the laws on finance and accounting, and
reflect the financial situation of the Bidder or JV’s Party, and not an
affiliated entity (such as parent company or subsidiary company or associate
company or JV’s Party).
- In case the period of 28 days
before the deadline for submission of bids does not coincide with the financial
statement period or the Bidder does not have audited financial statements
during this time, the Bidder must provide the latest audited financial
statement.
Besides, the Bidder must declare
and provide documents proving the change in financial data from the time of the
audit report to the time of bidding (e.g. documents proving the equity
increase). The Bidder must be responsible for the information declared in the
Bid. In case the declared information is found to be incorrect and falsify the
evaluation results, the Bidder shall be considered fraudulent according to
Point c, Clause 4, Article 89 of the Law on Procurement and shall face
penalties according to ITB Section 41.
- In case the Bidder is a newly
established organization in the year, the Bidder must submit a financial
statement audited by an independent audit unit up to 28 days from the time of
establishment until the deadline for submission of bids.
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[Full
name, position, signature and seal (if any)]
Notes:
(1) Regarding JV, each JV' Party
shall declare information using this Form.
(2) Based on the evaluation
criteria, the Employer shall add appropriate information.
(3) Based on the evaluation
criteria, the Employer may add documents that the Bidder must submit to prove
their financial situation (for example: tax finalization inspection report,
self-declaration tax form; documents proving that the Bidder has made
electronic tax declaration and finalization; written certification of tax
authorities;...).
FORM
NO. 07
COMMITMENT
TO PROVIDE FINANCE AND CREDIT FOR THE BIDDER
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1. I am _____ [insert name], ______
[insert position], the legal representative of _____ [insert name of
Bidder/name of JV], acknowledges and declares that the information provided in
this document is true and correct and that the accompanying documents are exact
copies of the originals.
2. The following financial and
credit sources have been committed and will be mobilized to perform the
project:
Source
of financing
Amount(1)
I. Equity committed to
contribute to the project:
1.
2.
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...
II. Loan capital that the
Bidder has to mobilize:
1.
2.
....
...
...
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3. Attached documents:
- A written commitment to provide
finance from a bank or credit institution, enclosed with documents proving the
authority of the signatory.
- A written commitment to ensure
sufficient equity for the project of the representative of the owner, the owner
or the parent company, enclosed with documents proving the authority to sign
the commitment.
- Relevant documents.
Legal
representative of the Bidder
[Full
name, position, signature and seal (if any)]
Notes:
...
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...
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FORM
NO. 08
THE
BIDDER'S EXPERIENCE IN TRADING AND EXPLOITING SPECIALIZED ROAD SERVICES
[Location
and date]_______________
[Bidders list their experience
in trading or exploiting specialized road services under the mentioned project
as required]
1. Road service business
experience:
The Bidder shall declare his/her
experience in road service business through the service business license
granted to the Bidder by a competent authority, including the following:
a) Number and date of issuance of
the service business license;
b) Name and address of the road
service provider.
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d) The field of road services
provided.
dd) Scope of service.
2. Experience in exploiting specialized
road services:
The Bidder shall declare his/her
experience in exploiting specialized road services, including the following:
a) Name and address of the
enterprise providing specialized road services.
c) National highways and
expressways where specialized road services are operated.
d) The field of specialized road
services.
dd) Scope of operation of
specialized road services.
e) Number of years of operating
specialized road services.
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Legal
representative of the Bidder
[Full
name, position, signature and seal (if any)]
Notes:
- Information required in this
Form may be adjusted and supplemented to suit the requirements of the Bidder's
qualifications and experience.
- The Bidder must provide
documents proving the declared information such as notarized copies,
certification of the competent authority/representative of the competent
authority...
FORM
NO. 09
TECHNICAL
PROPOSAL
Based on the scale, nature and
field of the project and the evaluation criteria of the Technical Proposal, the
Employer shall request the Bidder to prepare the technical proposal forms and
the attached explanatory documents (if any) as a basis for evaluating the
Technical Proposal, including the following contents:
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- Demonstrating the understanding
of the actual existing condition; output growth forecast; the project's
objectives according to the approved plan.
- Project scale, design plan.
- Technical and technological plan
of the project.
- Project performance plan,
progress, construction time.
- Plans to reduce environmental
impact.
- As for projects with site
clearance undone, the Bidder must have a plan to coordinate with the road
authority where the project is executed to work with the competent People's
Committee to complete the site clearance and for the competent People's
Committee complete land procedures as prescribed.
- Plan to connect traffic
infrastructure, technical infrastructure (water drainage, environment) of the
project with the general infrastructure of the national highway and expressway;
make clear architectural plans and drawings of the general plan at the scale of
1/500, meeting the requirements of the Bidding Documents within the project
boundaries with the Bidder's funds.
- Plans on fire safety; safe
security; solutions, measures and equipment for fire safety; organizing the
apparatus to manage the fire safety system according to regulations (for works
with requirements on fire safety).
- Time to operate the project after
completing the investment.
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- Plan to meet the conditions for
business and operation of road services (if any) in accordance with the
provisions of the law on roads (including conditions on organizational
apparatus; team staff; specialized infrastructure and equipment; capital
requirements to meet business and road service requirements at the route, and
documents, and contracts to prove that they meet those conditions).
- Plan on organization, operation,
management and provision of specialized road services to meet the objectives,
strategies, master plans and plans for the development of national highways and
expressways.
- Plan on coordination with the road
authority in the process of providing road services of the Bidder, ensuring
security and safety.
- Monitoring plan to ensure stable,
continuous and quality road services.
FORM
NO. 10
BID
SECURITY(1)
Beneficiary: ___[insert name
and address of the Employer]
Date of issue: ________[insert
date of issue]
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Guarantor: ___[insert name
and address of issuing bank, if it is not written in the title]
We have been informed that __________________________
[name of the Bidder] (hereinafter called "the Applicant") has
submitted to participate in the bid for the execution of _____[name of project]
under Invitation to Bid No. [number of the Invitation to Bid on the System].
We hereby act as a guarantee for
the Bidder to participate in the bid for this project with an amount of
_________[amount in figures, in words and currency].
This Bid Security takes effect
within ____(2) days, from __________[date] (3).
At the request of the Applicant,
we, as the Guarantor, hereby undertake to pay you any sum or sums not exceeding
in total an amount of ___________ [amount in figures] (____________) [amount in
words] upon receipt by us of your first demand in writing accompanied by a
written statement stating that the Applicant is in breach of its obligation(s),
because the Applicant:
1. has withdrawn its Bid after the
the deadline for submission of Bids (Technical Proposal, Financial Proposal)
and during the period of bid validity;
2. has violated law on bidding
leading bid cancellation as prescribed in Point d of ITB Section 35.1of the
Bidding Documents;
3. fails to furnish the Perfomance
Security as prescribed in ITB Section 39.1 of the Bidding Documents;
4. fails or refuses to finalize and
sign the contract, within a period as mentioned in the notification of contract
award sent by the Employer except for force majeure cases.
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If the Applicant has option: this
Guarantee shall expire when the Bidder conclude the contract and furnish the
Performance Security to the beneficiary as agreed.
If the Applicant has no option:
this Guarantee shall expire when the Applicant receives the photocopy of
notification of bidder selection result sent by the beneficiary; within 30 days
after the expiration date of the Bid.
Consequently, any demand for
payment under this guarantee must be received by us at the office on or before
that date.
Legal
representative of Bank
[full
name, position, signature and seal]
Notes:
(1) Applicable to Bid Security
in the form of Bid Guarantee issued by a credit institution or a branch of
foreign bank legally operating under Vietnamese law.
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(3) Insert the dealine date as
prescribed in Section 21.1 of the BDS.
(4) If the letter of guarantee
is missing one of the violations, it will be considered as an unfavorable
condition for the Employer according to Section 17.4 of the ITB.
(5) Applicable to JV.
FORM
NO. 11
LETTER
OF BID
(Under
the Financial Proposal)
[Location
and date]_______________
To:
_______ [insert Employer’s name]
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- The proposed value of payment to
the state budget (in addition to the Bidder's obligations towards the state
budget in accordance with applicable law): ___ [insert amount in numbers and
words];
- Form and method of budget payment
according to the Bidding Documents:
- Total project performance cost
(excluding compensation, support, resettlement, land rent): ___ [insert amount
in numbers and words];
- Value of compensation, support
and resettlement (for projects with site clearance undone): ___ [insert amount
in numbers and words].
This financial-commercial proposal
takes effect within ____ (2) days, from __________[date] (3).
Legal
representative of the Bidder (4)
[Full
name, position, signature and seal (if any)(5)]
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(1) The amount in the Letter of
Bid must be specific, fixed in numbers and words and must be suitable, the form
and method of invitation for bids must be consistent with the Grand Summary of
project performance costs and compensation, support, resettlement, without
different proposals or cause any disadvatage condition to the competent
authority, the Employer.
(2) Insert number of validity
days as prescribed in Section 21.1 of the BDS. Effective period of the
Financial Proposal is from the the deadline for submission of bids to its
expiration date as prescribed in the Bidding Documents. The period of time from
the deadline time for the submission of bids to 24:00 of the deadline date is
considered 01 day.
(3) Insert the dealine date as
prescribed in Section 21.1 of the BDS.
(4) For independent Bidder, the Letter
of Bid must be signed and stamped (if any) by the Bidder’s legal
representative. Regarding JV Parties, Letter of Bid shall bear the signature
and seal (if any) of the legal representative of every JV Party or the head of
the leading JV's Party authorized to sign the Letter of Bid according to the
regarding JV agreement (if any).
The legal representative of the
Bidder/JV Party is determined in accordance with Section 11 of the ITB.
(5) If a foreign bidder has no
seal, there must be a certification issued by a competent agency that the
signature in the Letter of Bid and any other documents of the Bid belongs to
its legal representative.
FORM
NO. 12
GRAND
SUMMARY OF PROJECT PERFORMANCE COST AND COSTS OF COMPENSATION, SUPPORT,
RESETTLEMENT
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- Built on Microsoft Excel 2000
application (updated) or other application;
- Present the amount in millions
with 2 decimal places;
- No pages or cells are hidden
or protected by codes;
- Separation needs to be
properly figured out so that they can be easily followed on the screen or on
the page;
- Cells containing fixed numbers
should be highlighted in yellow.
PART
2. EMPLOYER’S REQUIREMENTS
In this Part, the Employer shall
specify information about the project and requirements on the Bidder's
responsibilities in project performance, financial obligations as well as other
related responsibilities:
I. Information about the project
The Employer shall update the
project-related contents for the Bidder to prepare the bid, including:
...
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- Investment objectives.
- Investment scale.
- Location of the project.
- Summary of the basic requirements
of the project.
- Investment term and progress.
- Time to operate the project after
completing the investment.
- Preliminary total project
performance costs (excluding costs of compensation, support, resettlement, land
rent).
- Preliminary cost of compensation,
support and resettlement.
- Land plot area.
...
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- The approved planning criteria.
- Other details (if any).
II. Requirements on project
performance and exploitation
- Requirements on project
performance and exploitation in accordance with the approved planning;
requirements to ensure the quality of works according to the law on
construction investment and other relevant regulations.
- Technical requirements to ensure
the satisfaction of investment objectives; investment scale.
- Requirements on allocating
sufficient capital to perform the project.
- Requirements on the project
performance schedule (including the construction time and the project
exploitation time after completing the investment).
- Requirements on meeting
conditions for business and operation of specialized road services (if any) in
accordance with the law on roads (including conditions on organizational
structure; conditions on staff; conditions on infrastructure and specialized
equipment; conditions on capital to meet the requirements of business and
exploitation of specialized road services at the route).
- Requirements on operation,
management, and maintenance of project works.
...
...
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- Requirements on traffic
infrastructure connection, technical infrastructure.
- Requirements on ensuring security
and safety.
- Requirements on responsibility
for coordinating with the road authority in the process of providing
specialized road services of the Bidder.
- Other requirements related to the
industry and field of the project as well as the specific conditions of the
project.
III. Financial obligation
requirements
1. Payment to State budget
After signing the contract, the
Employer and the Bidder shall coordinate with the local land management agency
to submit it to the competent People's Committee for decision on land recovery
and approval of the compensation, support and resettlement plan according to
the law on land for projects with site clearance undone. The Bidder pays the
compensation, support and resettlement value (M2) for the project and the value
of state budget payment (M3) proposed in the bid to the Central State Treasury.
No interest is charged on costs of compensation, support and resettlement.
In case the value of compensation,
support and resettlement under the approved compensation, support and
resettlement plan is lower than the value of M2, the difference will be
remitted into the state budget; in case it is higher than the M2 value, the
Bidder must make up for the shortfall, the value of the shortfall shall be
included in the investment capital of the project.
The Bidder shall have the costs of
compensation, support and resettlement deducted according to the approved plan
from the land rent, but not exceeding the amount the Bidder is obliged to pay
in accordance with the law on land.
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After being leased land, the Bidder
is responsible for allocating sufficient capital to perform the project in
accordance with the Enterprise Law and relevant laws; and also pay land rents
according to the value and time determined in the land lease contract.
Actions against violations of the
land law (including failure to fulfill obligations to the State and delay in
project performance) shall comply with the Land Law and relevant regulations.
Where necessary, the Employer shall
issue together with the Bidding Documents relevant documents (on the planning,
the current state of the land area, etc.) so that the Bidder has sufficient
information for research and proposal for implementation plan.
PART
3. DRAFT CONTRACT AND CONTRACT FORMS
On the basis of the basic
contents of the project contract as guided below, based on the nature, scale
and field of each specific project, the competent authority, the Employer shall
develop a draft contract and attach it in the Bidding Documents. The draft
contract includes provisions to serve as a basis for the Parties to negotiate,
finalize, sign and perform the contract, ensuring a clear division of
responsibilities, risks, legal rights and interests of the Parties to enter
into a contract in accordance with applicable law.
I. GROUNDS FOR SIGNING PROJECT
CONTRACT
List the legal documents as the
grounds for signing the project contract, including:
- Laws, Decrees and guiding
Circulars related to project performance;
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- Decisions and documents of
competent agencies;
- Other relevant legal documents.
II. PARTIES TO PROJECT CONTRACT
Declare information of the Parties
to the project contract, including:
a) Competent authority.
- Name of the ompetent authority;
- Address:
- Phone number and Fax number:
- Name and position of the representative;
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b) The Bidder
- Business name (Vietnamese,
English name and initials, if any);
- Address:
- Phone number and Fax number:
- Information about the Certificate
of Business Registration or the Certificate of Investment Registration (number,
date of issue, place of issue, issuer) (in case the Bidder is a Vietnamese
enterprise or foreign-invested enterprise established in Vietnam);
- Name and position of the
representative.
(In case a Party is a foreign
bidder, insert the Bidder's name, nationality, certification documents;
establishment license number, business registration certificate number or
equivalent document number) equivalent, if any; address, phone number, fax, full
name, position of the authorized representative).
c) Project enterprise (applicable
in case the Bidder and the project enterprise form a party to sign a project
contract with the competent authority)
- Business name (Vietnamese,
English name and initials, if any);
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- Phone number and Fax number:
- Information on the Certificate of
Business Registration (Number, date of issue, place of issue, issuer);
- Name and position of the
representative.
III. CONTENTS OF PROJECT
CONTRACT
Article 1. Purpose of the
project contract
Agreement between the competent
authority and the Bidder, the project enterprise on the rights and obligations
of each Party in implementing the project contract, this Circular and other
legal documents other relevant.
Article 2. Interpretation of
terms
In this Article, definitions and
abbreviations (if any) of the concepts used in the project contract are
provided in accordance with applicable law and the specific context of the
project contract.
Article 3. Contract documents and
order of priority
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1. Contract Agreement;
2. Contract addenda (if any);
3. Note of Contract Negotiation;
4. Decision on approval for Bidder
selection result;
5. Written agreement of the Parties
on the conditions of the contract;
6. The Bid and addenda thereof of
the successful Bidder;
7. Bidding documents and amending
documents thereof (if any);
8. Relevant documents.
Article 4. Language
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Article 5. Objectives, scope and
scale of the project
This Article stipulates the
project's objectives (main work items...); location, area and function of the
land area; project scale; administrative boundaries of the land area for
project performance; total project cost.
Article 6. Project performance
location and land lease area
This Article stipulates the
location of the project, the expected land lease area of the project work and
related works (if any).
Article 7. Requirements on
project performance and exploitation
This Article states:
- Requirements on project
performance and exploitation in accordance with the approved planning;
requirements to ensure the quality of works according to the law on
construction investment and other relevant regulations.
- Technical requirements to ensure
the satisfaction of investment objectives; investment scale.
- Requirements on allocating
sufficient capital to perform the project.
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- Requirements on meeting
conditions for business and operation of specialized road services (if any) in
accordance with the law on roads (including conditions on organizational
structure; conditions on staff; conditions on infrastructure and specialized
equipment; conditions on capital to meet the requirements of business and
exploitation of specialized road services at the route).
- Requirements on operation,
management, and maintenance of project works.
- Environmental requirements
according to the law on environment.
- Requirements on traffic
infrastructure connection, technical infrastructure.
- Requirements on ensuring security
and safety.
- Requirements on responsibility
for coordinating with the road authority in the process of providing
specialized road services of the Bidder.
- Other requirements related to the
industry and field of the project as well as the specific conditions of the
project.
Article 8. Project enterprises
This Article stipulates the
contents related to the project enterprise. In case the charter capital of the
project enterprise is lower than the equity capital committed by the Bidder to
mobilize, the Parties shall agree on a roadmap to increase the charter capital
of the project enterprise in accordance with the project performance progress,
business law and other relevant regulations.
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The responsibilities of the Bidder/project
enterprise that may be specified in the contract include:
- Comply with the commitment to
allocate compensation, support and resettlement capital (for projects with site
clearance undone) according to the progress in the approved compensation, support
and resettlement plan;
- Comply with the commitment to pay
the state budget according to the value and time in this contract;
- Arrange capital sources to
perform the project on schedule as prescribed in the contract;
- Perform the project according to
the planning approved by the competent authority; the law on construction
investment; regulations of law during project performance, especially related
to land, environment and tax; provisions of law on roads;
- Satisfy the conditions for
business and exploitation of specialized road services in accordance with the
law on roads;
- Perform other rights and
obligations as agreed (if any).
Article 10. Responsibilities of
the competent authority
The competent authority's responsibilities
that may be specified in the contract include:
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- Support and enable bidders to
perform the project, including administrative procedures related to investment,
construction and land.
- Perform other rights and
obligations as agreed (if any).
Article 11. Payment to the state
budget
This Article provides:
After the contract is signed
between the competent authority and the successful bidder (or the project
enterprise established by the successful bidder to perform the project), the
route management unit where the project is executed, the successful bidder (or
the project enterprise established by the successful bidder to perform the
project) shall coordinate with the local land management agency to submit to
the competent People's Committee for decision on land c, decision on approval
of compensation, support and resettlement plan according to land law for
projects with site clearance undone. According to the agreed progress in the
contract, the successful bidder (or the project enterprise established by the
successful bidder to perform the project) shall pay compensation, support and
resettlement (M2) for the project and the value of payment to the state budget
in cash (M3) proposed in the bid for the Central State Treasury. No interest is
charged on costs of compensation, support and resettlement.
In case the value of compensation,
support and resettlement under the approved compensation, support and
resettlement plan is lower than the value of M2, the difference will be
remitted into the state budget; in case it is higher than the M2 value, the
Bidder must make up for the shortfall, the value of the shortfall shall be
included in the investment capital of the project.
The Bidder shall have the costs of
compensation, support and resettlement deducted according to the approved plan
from the land rent, but not exceeding the amount the Bidder is obliged to pay
in accordance with the law on land.
Article 12. Land rent payable;
land lease term
This Article provides:
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- The land lease term is determined
according to the law on land.
Article 13. Land lease to
bidders and handover of construction sites
This Article provides:
- The land lease to bidders shall
be applied according to the procedures for land allocation and land lease
specified in Clause 29, Article 1 of Decree No. 148/2020/ND-CP dated December
18, 2020 of the Government on amendments to certain decrees on elaboration of
the Land Law amended/substituted documents (if any).
- Progress of handing over
construction site.
Article 14. Antiquities
discovered in the project area
This Article provides for the
discovery of antiquities in the project area, the rights and obligations of the
Bidder with respect to these artifacts. Any fossils, antiquities, structures
or other artifacts in the project area of historical or significant value
discovered at the construction site shall be the property of the Socialist
Republic of Vietnam. The Bidder does not allow their own people or others to
damage the discovered artifact. The Bidder must immediately notify the
competent authority of this discovery for settlement in accordance with the
law.
Article 15. Construction quality
management
This Article prescribes the
content; quality standards; rights and obligations of the Parties in managing
the quality of works in accordance with the law on construction.
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This Article provides:
- Content; environmental and safety
standards; the rights and obligations of the Parties in taking measures to
ensure safety during project performance and fulfilling requirements on safety
and environmental protection in accordance with relevant regulations of the
legislation on environmental protection.
- The Bidder prepares an
environmental impact assessment report; the preparation, appraisal and approval
of environmental impact assessment reports comply with the law on environmental
protection.
Article 17. Performance Security
This Article stipulates the value,
form and time limit for furnishment of the Performance Security and in case the
Bidder does not have the Performance Security returned in accordance with the
Law on Procurement and other relevant laws.
Article 18. Amendments and supplements
to the Contract
This Article stipulates the
following contents:
1. Cases and conditions for
amendments to terms and conditions of the project contract.
2. Procedures for amending and
supplementing the project contract.
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This Article specifies conditions
under which the Bidder is not allowed to transfer rights and obligations under
the project contract.
Article 20. Violations,
non-compliance with contractual obligations and actions to be taken
This Article stipulates the
following contents:
1. Cases of violation,
non-compliance with obligations as prescribed in the contract of each Party.
2. Actions to be taken in each case
of breach or non-compliance with contractual obligations (for example: remedial
measures, suspension of project performance, compensation for damage; premature
termination of contract, etc.).
3. Rights and obligations of the
Parties in handling cases of violations or non-compliance with contractual
obligations.
Article 21. Land expropriation
due to violations of the land law
This Article provides for cases of
land expropriation due to violations of the law on land according to the Land
Law and relevant regulations.
Article 22. Project operation
time after completion of investment work, project contract performance time and
project contract termination
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1. Time to operate the project
after completing the investment.
2. The duration of the project
contract and the conditions for extending or shortening the term of the project
or project contract according to specific regulations and agreements between
the Parties;
3. Cases and conditions for project
contract termination as agreed or premature termination;
4. Rights and obligations of each
Party upon the termination of the project contract within the agreed time
limit;
5. Rights and obligations of each
Party in case of premature termination of the agreed time limit; method,
payment term, value and method of calculating the value of compensation for
damage caused by early termination of each Party;
6. Procedures for contract
liquidation in cases of project contract termination mentioned in this Article.
Article 23. Laws governing the
project contract relationship and related contracts
This Article stipulates the
applicable Law to govern the project contract relationship and the contracts
related to the project performance.
Article 24. Dispute settlement
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Article 25. Force majeure events
and handling principles
This Article stipulates the
following contents:
1. Force majeure events and the
principle of determining force majeure events in accordance with the Civil Code
and agreements between the Parties.
2. Rights and obligations of each
Party when a force majeure event occurs in accordance with the principles
specified in the Civil Code.
Article 26. Investment
incentives, support and guarantees (if any)
This Article lists investment
guarantees and incentives, including:
- Investment incentives in
accordance with the investment law and other relevant laws;
- Investment incentives and
guarantees specific to the industry, field or locality.
Article 27. Effect of project
contract
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1. Time of entry into force and end
of project contract;
2. Time, place of signing, number
of contract copies and legal value of each copy.
Article 28. Other details
This Article stipulates other
details to be agreed upon by the Parties depending on the field, scale, nature
and requirements of project performance in accordance with law.
(Example: Regulations on reporting
regime, information security and other issues).
IV. Appendices and accompanying
documents
Appendices, documents and attached
documents shall be agreed upon by the Parties in accordance with the field, scale,
nature and requirements of project performance.
FORM
NO. 13
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[Location
and date]_______________
To:
______[insert name and address of the successful Bidder, hereinafter referred
to as “the Supplier”]
Re: Notification of contract
award
Pursuant to Decision No._____ dated
_________ [insert number and date of the decision on approval for contract
award] of ___ [insert the competent authority’s name], (hereinafter referred to
as “the competent authority”], ____ [insert the name of the Employer]
(hereinafter referred to as the Employer) herein notifies that the competent
authority has accepted the Bid and award the Contract to the Bidder for
performing the project ____ [insert the project’s name] , with the cost of ____
[insert total cost; proposed amount to submit to the state budget in the
decision on approval for contract award] with contract performance time of ___
[insert contract performance time in the decision on approval for contract
award].
Request the legal representative of
the Bidder to finalize and enter into a contract with the competent authority,
the Employer as follows:
- Time for the Contract completion:
_________, in/at __________, enclosed with the Draft Contract.
- Contract signing time:
________in/at_________.
Request the Bidder to furnish a
Performance Security as prescribed in form No. 13 Part 3 - Draft Contract and
Contract Forms of the Bidding Documents with the amount of _______ and and
validity period _____________[insert equivalent amount and validity period as
specified in ITB Section 39.1 of Bidding Documents].
This Notification is an integral
part of the Contract. Upon the receipt of this Notification, the Bidder must
send us a Notification of acceptance of the Contract completion and carry out
the Performance Security as required at the current capacity of the Bidder as
specified in the Bidding Documents. The competent authority shall reject to
complete and conclude the Contract with the Bidder if the current qualifications
of the Bidder fails to satisfy the requirements of the contract.
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Legal
representative of the Employer
[full
name, position, signature and seal]
FORM
NO. 14
PERFORMANCE
SECURITY(1)
[Location
and date]_______________
To:
_____ [insert name of agency competent to sign contract]
(hereinafter calledabbreviated as Contracting Authority)
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According to the Bidding Documents
(or contract), the Bidder must give a Performance Guarantee issued by a bank
with a given amount to ensure the their duties and obligations in the
performance of the contract;
We, _____[insert name of the bank],
locates in _______[insert name of country or territory], have registered
headquarters at _________[the bank’s address(3)] (hereinafter referred to as
“Bank”), to undertake to guarantee the performance of the contract by the
Contractor with an amount of ________[insert equivalent value in number, in
words and currency as specified in ITB Section 39.1].
We undertake to pay
unconditionally, irrevocably to the Contracting Authority an amount or sums of
money in the total amount of _____ [insert words] [insert numbers] as mentioned
above, when there is a document from the Contracting Authority notifying the
Bidder that there is a breach of the Contract within the validity period of the
Performance Security.
This guarantee comes into effect
from the issue date until ____________[date] (4).
Legal
representative of Bank
[full
name, position, signature and seal]
Notes:
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(2) If the bank or the credit
insitution requires a signed Contract before issuing a bank guarantee, the
Employer shall report it to the competent authority for consideration. In this
case, the above paragraph can be revised as follows: “At the request of _____
[insert name of Bidder], who is the successful Bidder of the project _____
[name of project] (hereinafter referred to as Bidder) signed contract number
_____ [insert contract number] on_____ month _____ year_____ (hereinafter
referred to as Contract).”
(3) Address of bank or credit
insitution: specifying address, phone number, fax, email address.
(4) State appropriate time as
required in ITB Section 40.1.