Thông tư 03/2015/TT-BKHĐT lập hồ sơ mời thầu xây lắp

THE MINISTRY OF PLANNING AND INVESTMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 03/2015/TT-BKHDT	Hanoi, May 6, 2015

 

CIRCULAR

SPECIFYING PREPARATION OF INVITATION TO BID ON CONSTRUCTION WORKS

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

Pursuant to the Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 on providing specific provisions on implementation of several articles enshrined in the Law on Bidding in terms of the contractor selection procedure;

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

The Minister of Planning and Investment hereby promulgates the Circular on providing specific provisions on preparing the invitation to bid on construction works.

Article 1. Scope of application

1. This Circular hereby provides specific provisions on preparing invitation to bid on construction work within the scope of application stipulated in Article 1 of the Bidding Law No. 43/2013/QH13 as follows:

a) Form of the invitation to bid on construction works No. 01 (Form No.01) applying to national competitive and limited bids by following the single-stage one-envelop bidding procedure;

b) Form of the invitation to bid on construction works No. 02 (Form No.02) applying to national competitive and limited bids by following the single-stage one-envelop bidding procedure.

2. With regard to the bid for construction works specified as projects financed by official development assistance from Asian Development Bank (ADB) and World Bank (WB) under the national competitive bidding process, the form of the invitation for national competitive bid written in Vietnamese by ADB and WB shall apply.

Article 2. Applicable entities

This Circular shall apply to organizations or individuals participating or involved in the procedure for selection of contractors for procurement of construction works within the scope of application stipulated in Article 1 hereof.

Article 3. Application of Forms of invitation to bid for construction works

1. Forms of invitation to bid for construction works issued together with this Circular shall be created on the basis of regulations laid down in the Vietnam’s bidding law, and simultaneously consult bidding regulations adopted by ADB and WB in order to facilitate contracting parties’ involvements in contractor selection and further improve the competitiveness, equality, transparency and economic efficiency in the bidding process.

2. With regard to the procurement of construction works financed by ODA, if contributors agree, the Form No. 01 or Form No. 02 issued together with this Circular shall apply, or certain contents provided in bidding regulations enshrined in the International Treaties and Agreements between Vietnam and these contributors may be amended and modified.

3. With regard to the international bidding, based on the size and characteristics of the bid, organizations or individuals charged with preparing the invitation for bid shall be obliged to modify regulations on the language, currency type, incentive and schedule in the bidding process and other relevant contents in conformity with regulations enshrined in the Law on Bidding No. 43/2013/QH13, and the Decree No. 63/2014/ND-CP.

4. With regard to the bid for small-scale procurement of construction works, based on the characteristics of this bid, if stakeholders find that it is necessary to employ the method for single-stage two-envelop contractor selection, they shall be required to submit the plan for contractor selection to competent authorities for approval and use the Form No. 02 enclosed herein to prepare their invitation for bid.

5. When preparing, verifying and approving the invitation for bid on construction works, organizations or individuals are required to adopt the form of invitation for bid on construction works enclosed herein and, depending on the size and nature of the specified bid, set out proper requirements on the basis of sticking to the principle of competitiveness, fairness, transparency and economic efficiency; and not to impose requirements to constrain bidder's participation or give more advantages to one or several bidder(s) as a manner to result in the unfair competition. They shall not be allowed to revise regulations on bidders' instructions and general contractual terms and conditions laid down in the Form of invitation for bid; as regards other contents, they are allowed to carry out any necessary revision to make these regulations appropriate for the size and characteristics of the bid. In case there is any amendment to regulations laid down in the form of invitation for bid, organizations or individuals charged with formulating, verifying and accrediting the invitation for bid must undertake that such amendments are more appropriate, scientific and stringent against regulations stated in the Form of invitation for bid, and are not in breach of legal regulations on bidding. The written request for approval of the invitation for bid must clarify contents that have been modified as per regulations specified in the Form of invitation for bid and clearly state reasons for such modification for stakeholders' consideration and decision.

6. With regard to the bid for non-consulting services to be furnished, based on the size and characteristics of this bid, regulations specified in the Form of invitation for bid mentioned above may be modified to make them more appropriate for implementation.

Article 4. Implementation of regulations on taxes, fees and charges

1. The offer price of bidders must be composed of all expenses necessary to execute the awarded contract, inclusive of taxes, fees and charges (if any). Taxes, fees and charges shall be calculated by reference to statutory tax rates and fee or charge levels 28 days prior to the bid’s closing date.

2. When participating in the bid, bidders shall be responsible for learning, calculating and proposing the quoted price which includes types of taxes, fees and charges (if any). In the event that the bid package does not mention taxes, fees or charges, the bidder’s quoted price shall be considered to include all of taxes, fees or charges; in this case, if the bidder is selected and awarded the contract, all liabilities or obligations to pay such taxes, fees or charges (if any) to the State must be fulfilled. In the event that the bidder submits the quoted price excluding taxes, fees or charges (if any) in the bid package, this bid package shall be rejected.

Article 5. Construction, commonly shared works and provision expenses

1. The quoted price must be constituted by construction, commonly shared works and provision expenses.

2. Provision expenses shall be composed of provisions for price drifts, additional workloads and advances (if any).

The determination of provision expenses shall be carried out as per specialized legal regulations on construction cost management and particular attributes of the bid. Stakeholders shall rely on the size, characteristics, time and location of construction site as well as other related elements in order to decide how such provision expenses are used but ensure compliance with specialized legal regulations on construction cost management.

3. As for the lump-sum contract, bidders shall be obliged to calculate and distribute provision expenses to the quoted price, and shall not be allowed to separate provision expenses already distributed to be included in the quoted price for the purpose of consideration and evaluation during the process of financial and commercial evaluation of bid packages.

4. As for firm fixed-price contracts and fixed-price contracts with price adjustment, once financial and commercial bid evaluation takes place, provision expenses shall not be considered and evaluated as the basis for making a comparison with other bidders and identifying the bidder’s rating. Provision expenses shall be rectified during the contract negotiation process. The best price and the contractual price shall be constituted by provision expenses; these provision expenses shall be managed by stakeholders and only used for paying bidders under the terms and conditions of the contract whenever payments are arising.

The invitation for bid must clearly specify contents and principles of using provision expenses as the basis for bidders' price quotation, conclusion and execution of the contract which specifically clarify the monetary amount or percentage of provision expenses calculated based on construction costs of the bid in order for bidders to submit their bid proposal. Bidders are required to make a bid proposal inclusive of provision expenses in compliance with requirements laid down in the invitation for bid.

Article 6. Contract

1. The invitation for bid shall comprise the form of contract and specific provisions on contractual terms and conditions as the basis for bidders' bid proposal and contracting parties’ negotiation, contract perfection and conclusion.

2. The contract signed between the stakeholder and the bid solicitor must conform to the Form of contract and contractual terms and conditions stipulated in the invitation for bid, and amendments or corrections proposed by the contractor and accepted by the investor in the course of contract negotiation and perfection, but ensure such amendments or corrections are not in breach of legal regulations on bidding and other relevant legal regulations.

Article 7. Implementation

1. This Circular shall enter into force from July 1, 2015 as a replacement for the Circular No. 01/2010/TT-BKH of the Ministry of Planning and Investment dated January 6, 2010 on specifying preparation of the invitation for bid on construction works, and the Circular No. 02/2010/TT-BKH of the Ministry of Planning and Investment dated January 19, 2010 on specifying preparation of the invitation for bid on small-scale construction works.

2. Ministries, Ministry-level agencies, Government agencies, and other central organs, and the People’s Committees at all levels, as well as organizations or individuals concerned, shall be responsible for implementing this Circular. In the course of implementation, if there is any difficulty that may arise, Ministries, Ministry-level agencies, Government agencies, and other central organs, and the People’s Committees at all levels, as well as organizations or individuals concerned, shall be requested to send their feedbacks to the Ministry of Planning and Investment for timely instructions./.

 

THE MINISTER Bui Quang Vinh

 

Form No. 23

LETTER OF ACCEPTANCE AND NOTICE OF AWARD

 

……….[place], …………………..[date]

To: [insert name and address of the successful bidder “hereinafter referred to as “the Contractor”]Re: Letter of Acceptance and Notice of Award.

 

Pursuant to Decision No…………………. dated………………….of the Investor [insert the Investor’s name (hereinafter referred to as “the Investor”)] giving approval for the result of selection of contractor for………………………. [insert name and number of the contract package], the Employer [insert name of the Employer (hereinafter referred to as “the Employer”) would like to notify that the Investor has accepted your Bid and award the contract for execution of the [insert name and number of the contract package. If a package is divided into several items, specify the name and number of the item for which the bidder is selected] with the contract price of…………………………. [insert the successful bid price specified in the decision on giving approval for results of bidder selection] and the contract duration of…………………. [insert the duration for completion the contract package specified in the decision on giving approval for results of bidder selection] .The Contractor’s legal representative is requested to prepare and enter into the Contract with the Investor/ Employer according to the following plan:

- Contract completion time:……………… [specify the time when a complete contract is prepared], at………………………… [specify the location where the contract is completed];

- Contract conclusion time:………….. [specify the time when the contract is duly entered into by the parties], at………………………… [specify the location where the contract is concluded], enclosed with the draft contract.

The Contractor is also requested to provide the performance security as prescribed in the Form No. 22 Chapter IX – Contract forms included in the bidding documents with an amount of …………………….. and validity period of ……………………. [specify the amount and validity period as prescribed in Section 5 Chapter VIII – Specific conditions of contract included in the bidding documents].

This document is an integral part of the Contract. Upon the receipt of this document, the Contractor must provide a notification of acceptance of the completion and conclusion of the Contract as well as the provision of the performance security as mentioned above, in which the Contractor must state that the Contractor’s current capacity still meets all requirements specified in the bidding documents. The Investor shall refuse to complete and enter into the contract if the Contractor is found to fail to satisfy the capacity requirements for executing the package.

If the Contractor fails, or refuses, to complete and enter into the contract, or provide the performance security as required by…………………………….. [date] [based on the scope and nature of the contract package, the deadline for provide the performance security, complete and enter into the contract is determined and not later than 28 days from the issuance of this document], the Contractor shall be rejected without the bid security returned.

 

Legal representative of the Employer (specify full name, position, affix signature and seal)

 

Attachments: The draft contract.

 

<PM COMPANY LOGO>

BID FORMS

 

(Issued together with Circular No. 03/2015/TT-BKHDT dated May 6, 2015 of the Ministry of Planning and Investment on bidding documents for works)

 

 

 

 

 

ABBREVIATIONS

 

ITB	Instructions to Bidders
BDS	Bid Data Sheet
GCC	General Conditions of Contract
SCC	Special Conditions of Contract
VND	Vietnamese dong
USD	US Dollar
EUR	Euro

 

Form No. 01 (a). Letter of Bid (applicable to the Bidder who has no discount offer in a separate Letter of Discount)

Form No. 01 (b). Letter of Bid (applicable to the Bidder who has no discount offer in the Letter of Bid)

Form No. 02. Power of Attorney

Form No. 03. Joint Venture Agreement

Form No. 04. Bid Security

Form No. 05. Schedule of Prices

Form No. 06 (a). Bidder Information

Form No. 06 (b). Joint Venture Party Information

Form No. 07. List of companies in charge of package works

Form No. 08. Historical Contract Non-Performance

Form No. 09. Pending Litigation

Form No. 10. Financial Situation of the Bidder

Form No. 11. Average Annual Construction Turnover

Form No. 12. Financial Resources

Form No. 13. Financial resource requirement

Form No. 14. Similar contracts

Form No. 15. Key personnel schedule

Form No. 16. Curriculum Vitae of Key Personnel

Form No. 17. Professional Qualifications of Personnel

Form No. 18. Equipment

Form No. 19 (a). Work items performed by subcontractors

Form No. 19 (b). List of special subcontractors

 

Form 01 (a)

LETTER OF BID ⁽¹⁾

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

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

Package’s name: [insert the procurement’s name according to the Invitation to Bid]

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

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

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

After taking account of the Bidding Documents and revisions thereof number ____[insert the number of the revisions (if any)], we, ____[insert the Bidder’s name], pledge ourselves to perform _____[insert the procurement’s name] in accordance with the Bidding Documents with the total amount of ____[insert the amount in figures, in words, and currency] ⁽²⁾ together with the Schedule of Prices enclosed.

The contract execution period is ____[insert period of time for performing all tasks required by the procurement] ⁽³⁾.

We hereby declare that:

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

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

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

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

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

If the our Bid is accepted, we shall provide the Performance Security as prescribed in Section 38 - Instructions to Bidders of the Bidding Documents.

This Bid takes effect within ____ ⁽⁴⁾ days, from __________[date] ⁽⁵⁾.

                                                                   Legal representative of the Bidder ⁽⁶⁾

                                                                  [full name, position, signature and seal]

 

Notes:

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

(2) The Bid Price mentioned in the Letter of Bid must be detailed, specified in both number and words, and in conformity with the total Bid Price mentioned in the Schedule of Prices. There is must be only one Bid Price which does not cause any disadvantage condition to the Investor or the Employer. If the package is divided into several parts, the Bidder shall insert the bid prices for each part and total bid prices of the parts that the Bidder makes a bid.

(3) The contract duration mentioned in the Bid Submission Form must conform to the Technical Proposal and Schedule of Construction in the Bid.

(4) Effective period of the Bid begins from the bid submission deadline 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 1 day.

(5) Insert the bid submission deadline as prescribed in Section 22.1 of the BDS.

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

 

Form 01 (b).

LETTER OF BID ⁽¹⁾

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

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

Package’s name: [insert the procurement’s name according to the Invitation to Bid]

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

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

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

After taking account of the Bidding Documents and revisions thereof number ____[insert the number of the revisions (if any)], we, ____[insert the Bidder’s name], pledge ourselves to perform _____[insert the procurement’s name] in accordance with the Bidding Documents with the total amount of ____[insert the amount in figures, in words, and currency] ⁽²⁾ together with the Schedule of Prices enclosed.

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

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

The contract execution period is ____[insert period of time for performing all tasks required by the package] ⁽⁴⁾.

We hereby declare that:

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

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

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

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

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

If the our Bid is accepted, we shall provide the Performance Security as prescribed in Section 38 - Instructions to Bidders of the Bidding Documents.

This Bid takes effect within ____ ⁽⁵⁾ days, from __________[date] ⁽⁶⁾.

                                                                   Legal representative of the Bidder ⁽⁷⁾

                                                                  [full name, position, signature and seal]

 

Notes:

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

(2) The Bid Price mentioned in the Letter of Bid must be detailed, specified in both number and words, and in conformity with the total Bid Price mentioned in the Schedule of Prices. There is must be only one Bid Price which does not cause any disadvantage condition to the Investor or the Employer. If the package is divided into several parts, the Bidder shall insert the bid prices for each part and total bid prices of the parts that the Bidder makes a bid.

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

(4) The contract duration mentioned in the Bid Submission Form must conform to the Technical Proposal and Schedule of Construction in the Bid.

(5) Effective period of the Bid begins from the bid submission deadline 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 1 day.

(6) Insert the bid submission deadline as prescribed in Section 22.1 of the BDS.

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

 

Form No. 02

POWER OF ATTORNEY ⁽¹⁾

[Location and date]_______________

 

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

[- Sign the Letter of Bid;

- Sign the Joint venture agreement (if any);

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

- Participate in contract negotiation and finalization;

- Sign complaint letter (if any);

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

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

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

 

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

Principal [full name, position, signature and seal of the legal representative]

Notes:

(1) The original copy of the Power of Attorney shall be sent to the Employer in conjunction with the Bid Submission Form as prescribed in ITB Section 20.3. The Bidder’s legal representative may authorize their deputies, subordinates, directors of branches, heads of representative offices of the Bidder to perform the tasks on behalf of the Bidder. The authorized person may use the seal of the Bidder or their seal. The authorized person may not authorize another person.

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

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

 

Form No. 03

JOINT VENTURE AGREEMENT⁽¹⁾

 [Location and date]___________________

Package:                                  [insert package’s name]

Under project:                           _________[insert the project's name]

Pursuant to ⁽²⁾_____[The Procurement Law No. 43/2013/QH13 dated November 26, 2013 of the National Assembly];Pursuant to⁽²⁾____ [the Government's Decree No. 63/2014/NĐ-CP dated June 26, 2014 on implementation of some Articles on contractor selection of the Procument Law];In response to Bidding Documents for _______________ [insert name of procurement] dated __________ [insert date written on the Bidding Documents];

Representatives of signatories to the joint venture agreement include:

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

Represented by Mr./Ms.                                                                                               

Position:                                                                                                                      

Address:                                                                                                                      

Phone number:                                                                                                             

Fax:                                                                                                                             

Email:                                                                                                              

Account:                                                                                                                      

TIN:                                                                                                                 

Power of Attorney No.                dated______(in case of authorization).   The Parties have reached a consensus on entering into a joint venture agreement with the following contents:

Article 1. General rules

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

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

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

- Pay damages to other parties in the joint venture;

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

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

Article 2. Assignment of duties

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

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

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

[- Sign the Letter of Bid;

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

- Provide Bid Security for the joint venture;

- Participate in contract negotiation and finalization;

- Sign complaint letter (if any);

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

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

Item No.	Name	Tasks	Proportion of total bid
1	Name of leading JV’s Party	- ___ - ___	- ___% - ___%
2	Name of second JV’s Party	- ___ - ___	- ___% - ___%
....	....	....	......
Total		All tasks of the package	100%

Article 3. Effect of Joint Venture Agreement

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

2. The Joint Venture Agreement expires in the following cases:

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

- The agreement is unanimously terminated by all parties;

- The joint venture is not awarded the contract;

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

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

 

LEGAL REPRESENTATIVE OF LEADING JV’S PARTY

[full name, position, signature and seal]

 

LEGAL REPRESENTATIVE OF JV’S PARTY

[full name, position, signature and seal of each party]

 

Notes:

(1) According to the scope and nature of the package, this Joint Venture Agreement may be amended. If the package is divided into independent lots, the Joint venture agreement shall specify names and numbers of lots in which the joint venture participates, and clarify common and private responsibilities of every joint venture member.

(2) Update legislative documents in force.

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

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

 

Form No. 04

BID SECURITY⁽¹⁾

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

Date of issue: [insert date of issue]

 

BID SECURITY NO.  [insert number of the Bid Guarantee]

 

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 package] of _____[name of project] under Invitation to Bid No. [number of the Invitation to Bid].  

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

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

At the request of the 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 bid submission deadline and during the period of bid validity;

2. has violated law on bidding leading bid cancellation as prescribed in Point d of Section 36.1 – Instruction to Bidder of the Bidding Documents;

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

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

5. fails to furnish the Performance Security as prescribed in Section 40.1 - Instructions to Bidders of the Bidding Documents.

If any JV's Party violates regulations of law leading ineligible for Bid Security return as prescribed in Section 19.5 –Instructions to Bidder, the Bid Security of all joint venture members shall not be returned⁽⁴⁾.

If the Applicant has option: this Guarantee shall expire when the Applicant 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 established under Vietnamese law.

(2) Insert as prescribed in Section 19.2 of the BDS. 

(3) Insert the bid submission deadline as prescribed in Section 22.1 of the BDS.

(4) Application to joint venture.

 

Form No. 05

SCHEDULE OF PRICES

The Employer shall indicate the list of work items of the package in the column “Description of work items” and measurement units and bill of quantities consistent with the description of works, drawings, and specifications in Chapter V - Procurement requirements.

Each work item shall be described in sufficient detail to provide clear guidance to Bidders with respect to the type of works, their scope and complexity, and compliance with the required standards.

Bidders are required to enter the prices against each work item on a lump sum basis. The sum of prices entered against each work item will represent the total bid price.

Bidders shall find out, calculate and include all kinds of taxes, fees, and charges (if any). The Bid Price quoted by the Bidder shall include all taxes, fees and charges (if any) determined at 28 days prior to the bid submission deadline and contingency costs. In case the Bid Price is not inclusive of taxes, fees and charges (if any), the Bid of the Bidder shall be rejected.

Item No.	Description(1)	Technical specifications(2)	Unit (3)	Quantity(4)	Rate (5)	Amount(6)
I	Bill No. 1: General items					A
1	Performance Bond/Guarantee		sum	1
2	Insurance of the Works for the portion under Bidder’s liability		sum	1
3	Insurance of Contractor’s Equipment		sum	1
4	Third-party liability insurance		sum	1
5	Maintenance of Works		month	12
6	On-site temporary accommodation for dwelling and administration0}		sum	1
7	Transport of construction equipment and labor to the Site		sum	1
8	Provide diversion road		sum	1
9	Provide for traffic control and maintenance of diversion road		month	24
10	Provide for cleaning up the Site on completion		sum	1
II	Bill No. 2: Earthworks					B
1	Excavate topsoil		m3	13.500
2	Excavate soil III		m3	3.450
3	Excavate soil level IV		m3	209.985
4	Excavate rock level III		m3	182.376
5	Excavate rock level IV		m3	179.736
6	Backfilling K=0,95		m3	50.102
7	Grass growing		m2	1.650
8	Transport of debris to the landfill		m3	401.820
9	Cutting and removal of unwanted grasses and trees		sum	1
III	Bill No…					…
…	….
Bid price (A + B + …) (Carried forward to the Letter of Bid, page No….)

 

Legal representative of the Bidder

[full name, position, signature and seal]

 

Notes:

(1), (3), (4) The Employer indicates specific items, works of each work item, measurement unit, quantity for bidders to make a bid.

(2) The Employer indicates specific reference to technical specifications to perform the equivalent work items in Chapter V of Bidding Documents or in Specifications (Section, page number, volume number, etc.) in order to enable bidders to work on technical specifications and make a bid.

(5), (6) The Bidder inserts the price of every item and work item. The bid price is the total value of all items stated in the column “Description”.

The Bid Price quoted by the Bidder shall include all taxes, fees and charges (if any) and contingency costs. The Bidder must calculate and allocate the costs mentioned above in the bid price.

 

Form 06 (a)

BIDDER INFORMATION

Date:________ Number and name of package: _________________

Bidder’s name: [insert bidder’s name]

In case of joint venture, name of each JV’s Party

Place of business registration and operation: insert province/city where the Bidder registers and operate business]

Year of establishment:

Bidder’s legal address [insert the registered address]:

Bidder’s legal representative information Name _____________________________________ Address:  ___________________________________ Phone number/Fax: _______________________ Email address: ______________________________

1. Attached are photocopies of one of the following documents: 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 Bidder is operating. 2. Diagram of organizational structure of the Bidder.

 

Form 06 (b)

JOINT VENTURE PARTY INFORMATION FORM⁽¹⁾

Date:________ Number and name of package: __________________

Joint venture’s name:

JV's Party name:

JV's Party Country of Registration:

JV's Party Year of Establishment:

JV's Party Legal Address in Country of Registration:

JV's  legal representative information Name ____________________________________ Address:  __________________________________ Phone number/Fax: _____________________ Email address: _____________________________

1. Attached are photocopies of one of the following documents: 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 Bidder is operating. 2. Diagram of organizational structure.

 

Notes:

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

 

Form No. 07

LIST OF COMPANIES IN CHARGE OF PACKAGE WORKS⁽¹⁾

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

Notes:

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

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

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

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

 

Form No. 08

HISTORICAL CONTRACT NON-PERFORMANCE ⁽¹⁾

Bidder’s name: Date:_______________ JV's Party name (if any):

Non-Performed Contracts in accordance with of Chapter III - Evaluation and Qualification Criteria
□ Contract non-performance did not occur since January 1st ___ [insert year] prescribed in criterion 1 in the Schedule of evaluation of finance and qualifications in Section 2.1 of Chapter III - Evaluation and Qualification Criteria. □ Contract(s) not performed since January 1st, ___[insert year] prescribed in criterion 1 in the Schedule of evaluation of finance and qualifications in Section 2.1 of Chapter III - Evaluation and Qualification Criteria.
Year	Non-performed portion of contract	Contract Identification	Total Contract Amount (current value, currency unit, exchange rate, VND equivalent)
		Contract Identification: Investor’s name: Address:   Reasons for non-performance:

Notes:

(1) The Bidder must declare accurately and truthfully history of non-performing contracts; any non-performing contract being not declared shall be considered “fraudulent” and rejected.

Regarding joint venture, each JV' Party shall declare information using this Form.

 

Form No. 09

PENDING LITIGATION⁽¹⁾

Bidder’s name: Date:_______________ JV's Party name (if any):

Involved lawsuits
Choose one of two information below: □ No pending litigation. □ Description of pending litigation in which the Bidder is a litigant (or each JV' Party is a litigant regarding JV).
Year	Matter in Dispute	Value of involved lawsuit in VND	Value of Pending Claim as a Percentage of Net Worth

Notes:

(1) The Bidder must declare accurately and truthfully involved lawsuits; any involved lawsuit being not declared shall be considered “fraudulent” and rejected.

Regarding joint venture, each JV' Party shall declare information using this Form.

 

Form No. 10

FINANCICAL SITUATION OF BIDDER⁽¹⁾

Bidder’s name: Date:_______________ JV's Party name (if any):

	Financial figures in the last  3 years (2) [VND]
	Year 1:	Year 2:	Year 3:

 

Information from Balance Sheet

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

Information about income statement

Total Revenues
Profits Before Taxes
Profits After Taxes
Attached are copies of financial statements (balance sheets including all related notes, and income statements) for last 3 years(3), as indicated above, complying with the following conditions: 1. 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). 2. Be complete, including all notes to the financial statements as prescribed. 3. Historic financial statements must correspond to accounting periods already completed, attached are certified true copies of one of the following documents: - Inspection record of tax declaration; - Tax statement (VAT and enterprise income tax) whose time of submitting certified by tax authority;   - Documentary evidence on electronic tax declaration by the Bidder; - Certification of tax liability issued by the tax authority (certifying amount paid in the whole year); - Auditor's report (if any); - Other documents.

Notes:

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

(2) If the period of time specified in criterion 3.1 Section 2.1 Chapter III - Evaluation and Qualification Criteria is 4 or 5 years, the columns in the Table must be expanded accordingly.

(3) The period of time above must correspond to the period of time prescribed in criterion 3.1  Section 2.1 Chapter III - Evaluation and Qualification Criteria.

 

Form No. 11

AVERAGE ANNUAL CONSTRUCTION TURNOVER ⁽¹⁾

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

The information supplied should be the Annual Turnover of the Bidder or each JV’s Party in terms of the amounts billed to the Bidder or JV’s Party for each year for work in progress or completed.

Annual Construction Turnover Data for the Last ___Years(2)
Year	Amount (in VND)
Average Annual Construction Turnover (3)

Notes:

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

(2) The Employer shall insert the period of time prescribed in criterion 3.2 Section 2.1 Chapter III - Evaluation and Qualification Criteria.

(3) To determine the average annual construction turnover, the Employer shall divide the sum of each year’s annual turnover by the number of years, for which such information was requested.

 

Form No. 12

FINANCIAL RESOURCES⁽¹⁾

Specify proposed sources of financing, such as liquid assets⁽²⁾, credit limit and other financial means (other than advance payments of the contract), available to meet the financial resources requirements prescribed in Form No. 13 of this Chapter.

Financial Resources of Bidder
No.	Source of financing	Amount (in VND)
1
2
3
4
5
…
Total financial resources of Bidder

Notes:

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

Expected financial resources shall be determined by the following formula:

NLTC= TNL - DTH

Where:

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

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

- DTH is total monthly financial resources required for contracts in progress (specified in Form No. 13).

A Bidder shall be considered responsive to financial resources requirements if its mobilized proposed financial resources are no less than the value of financial resources required prescribed criterion 3.3. Section 2.1 of Chapter III - Evaluation and Qualification Criteria.

If the Bidder encloses a credit commitment issued by a credit institution lawfully operating in Vietnam in the Bid, which promises to lend to the commitment holder (the Bidder) to perform the considered procurement with minimum amount equivalent to the required value prescribed in criterion 3.3 Section 2.1. Chapter III – Evaluation and Qualification Criteria during the contract duration, the Bidder shall be considered satisfying financial requirements for the package and not required to declare information using this Form and Form No. 13.

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

 

Form No. 13

MONTHLY FINANCIAL RESOURCES REQUIREMENT

FOR CONTRACTS IN PROGRESS⁽¹⁾

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

Notes:

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

(2) Remaining contract period to be calculated from 28 days prior to bid submission deadline.

(3) Remaining outstanding contract values to be calculated from 28 days prior to the bid submission deadline.

 

Form No. 14

SIMILAR CONTRACTS

Similar contracts
Contract No___ dated___________	Information
Date of Award of Contract:	Date______	Date of completion:	Date______
Total Contract price	VND
For JV's Party or	Percent of Total	Amount: _______VND
Investor’s name: Address Phone number/Fax number: Email:
Description of the Similarity prescribed in criterion 4 of Section 2.1 of Chapter III - Evaluation and Qualification Criteria.
Requirement for the Similarity(1)	Similarity of performed contracts(2)

Notes:

(1) The Employer should insert here contract size, complexity, methods, technology, or other characteristics as described in Chapter V – Procurement requirements. 

(2) The Bidder must specify similar characteristics of the similar contracts to demonstrate their responsiveness.

 

Form No. 15

KEY PERSONNEL SCHEDULE

- Regarding every position prescribed in this Form, the Bidder shall declare detailed information according to Forms 16 and 17 of this Chapter.

- The Bidder shall propose personnel for key positions having qualifications satisfying requirements prescribed in Point a Section 2.2 of Chapter III - Evaluation and Qualification Criteria and be available to perform the package; no personnel being in charge of another package with the same working time is proposed in this Table. If the declaration is not truthful, the Bidder shall be considered fraudulent.

1	Position: [insert detailed position in charge]
	Name [insert the employee’s name for key position]
2	Position: [insert detailed position in charge]
	Name [insert the employee’s name for key position]
3	Position
	Name
4	Position
	Name
5	Position
	Name
….	Position
	Name

 

Form No. 16

CURRICULUM VITAE OF KEY PERSONNEL

The Bidder shall provide adequate information required below and enclose certified true photocopies of relevant degrees, certificates.

Position
Information	Name	Date of birth:
	Professional qualifications
Present position	Employer’s name
	Employer’s address
	Phone number:	Contact person (Chief/officer in charge of personnel)
	Fax	Email:
	Position	Year’s experience with present employer

 

Form No. 17

PROFESSIONAL QUALIFICATIONS OF PERSONNEL

Summarize professional experience in reverse chronological order. Indicate particular professional and managerial experience relevant to the package.

From	To	Company/Project/Position/Relevant technical and management experience

 

Form No. 18

EQUIPMENT

The Bidder shall provide adequate information to demonstrate clearly that it has the capacity to meet the requirements for the key equipment listed in Point b Section 2.2 of Chapter III - Evaluation and Qualification Criteria and be available to perform the package. No equipment being proposed of another package with the same schedule is proposed in this Table. If the declaration is not truthful, the Bidder shall be considered fraudulent.

The equipment must be owned by the Bidder or may be rented provided that the Bidder may demonstrate clearly that it has the capacity to meeting the requirements of the project. If the equipment is rented, a lease of equipment and documents proving the ownership of the lessor are required. A separate from shall be prepared for each item of equipment as follows:

Item of equipment
Equipment information	Name of manufacturer	Model
	Capacity	Year of manufacture
	Functions	Origin
Current status	Current location
	Details of current commitments
Source	Indicate source of the equipment □ Owned    □ Rented    □ Leased    □ Specially manufactured

 

Add the following information for the equipment not owned by the Bidder:

Owner	Name of owner
	Address of owner
	Telephone:	Contact name and title
	Fax number:	Telex
Agreements	Details of rental/lease/manufacture agreements specific to the project

 

Form 19 (a)

WORK ITEMS PERFORMED BY SUBCONTRACTORS⁽¹⁾

Item No.	Subcontractor’s name(2)	Work items(3)	Volume(4)	Estimated value(5)	Contract/agreement concluded with subcontractor(6)
1
2
3
4
…

Notes:

(1) In case of employment of subcontractor, then fill in this form.

(2) Indicate name of subcontractor(s). In case names of subcontractors are not determined, this column may be leaved blank and only the column “Work items” is filled. If the Bidder is selected, it may employ subcontractors with the work items as indicated in the table only with the consent of the Investor.

(3) Indicate name of work items for subcontractor(s).

(4) Indicate volume of work items for subcontractor(s).

(5) Indicate value of work items performed by subcontractor(s) as percentage of the bid price.

(6) Indicate number of contract/agreement, enclosed with the original or certified true copy of such document.

 

Form 19 (b)

LIST OF SPECIAL SUBCONTRACTORS⁽¹⁾

The Bidder must provide adequate information to demonstrate clearly that it has the capacity to meet the requirements prescribed in Clause 2.3 Section 2 Chapter III - Evaluation and Qualification Criteria.

No.	Name of special subcontractor(2)	Work items(3)	Volume(4)	Estimated value(5)	Contract/agreement concluded with special subcontractor(6)
1
2
3
4
…

Notes:

(1) In case of employment of special subcontractor, then fill in this form.

(2) Indicate name of special subcontractor(s).

(3) Indicate name of work items for special subcontractor(s)

(4) Indicate volume of work items for special subcontractor(s).

(5) Indicate value of work items performed by special subcontractor(s) as percentage of the bid price.

(6) Indicate number of contract/agreement, enclosed with the original or certified true copy of such document.

 

 

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