Thông tư 16/2016/TT-BKHDT

THE MINISTRY OF PLANNING AND INVESTMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No. 16/2016/TT-BKHDT

Hanoi, December 16, 2016

MINISTER




Nguyen Chi Dung

Consultant for Prequalification Document
(if any)
[name, signature, seal (if any)]

Procuring Entity

[name, signature, seal]

BDS

Bid Data Sheet

ITI

Instructions to Investors

Application

Application for Pre-qualification

Bid

Bid

Prequalification Document

Prequalification Document

Bidding Documents

Bidding Documents

Law on Bidding

Law on Bidding No. 43/2013/QH13

Decree No. 30/2015/ND-CP

Government’s Decree No. 30/2015/ND-CP dated March 17, 2015 on guidelines for the Law on bidding in terms of selection of bidders

1. Pre-qualification contents

1.1. The Procuring Entity with name and address as defined in BDS invites Investors to submit Application as prescribed in Part 2 - Project.

1.2. Preliminary estimate of expenses associated with the project, minimum price specified in the BDS.

1.3. Requirements pertaining to equity and borrowed capital are defined in BDS.

1.4. Basic information on the Project is specified in BDS.

2. Fraud and Corruption

2.1. Corrupt practice.

2.2. Take advantage of positions, powers aiming to interfere illegally in a bidding process.

2.3. Collusive practice, including the following acts:

a) Agreeing on bidding withdrawal or withdrawal of Letter of Bid already been submitted so that one party or parties in agreement win bid;

b) Agreeing that one party or parties jointly prepare(s) Prequalification Document response or Bid so that one party may win Bid.

2.4. Fraudulent practice, including the following acts:

a) Providing a wrong presentation intentionally or falsifying information, documents of a Investor with the aim to obtain financial benefits or other benefits or with the aim to avoid any obligation;

b) Individuals who directly assess the Prequalification Document response, Bid, and pre-qualification results, results of Investor selection provide wrong reports or untrue information falsifying the results of Investor selection;

c) Investors intentionally provide dishonest information in the Application, Bid  falsifying the result of Investor selection.

2.5. Interference practice, including the following acts:

a) Destroying, cheating, changing, hiding proof or reporting contrary to the truth; threatening, disturbing or suggesting with any Investor with the aim to prevent the clarification of corrupt, fraudulent or conclusive practice with authorities in charge of supervisions, inspections and audit;

b) Impeding Investors, authorities in charge of supervision, inspection and audit.

2.6. Inequality and intransparency, including the following acts:

a) Making a Bid as an Investor or perform tasks of an Investor for its own Invitation for bids.

b) Formulating and engaging in evaluation of the Prequalification Document, Bidding Documents of the same package;

c) Engaging in evaluation of the Bid and assessing the prequalification results, results of Investor selection of the same package;

d) Any individual of the Procuring Entity directly participates in the Investor selection process, or participates in an expert group or evaluation group for pre-qualification results, results of Investor selection, or a Head of the competent authority, the Procuring Entity has packages of which his or her natural parent, parent-in-law, spouse, natural child, adopted child, son or daughter-in-law or sibling is a Investor or a legal representative of the Procuring Entity;

dd) Applying a method of Investor selection other than National Competitive Bidding upon the unsatisfaction of requirements prescribed in the Law on bidding;

2.7. Disclosing or receiving the following documents in terms of the Investor selection process, other than the cases prescribed in Point e Clause 8 Article 73, Point 1 Clause 3 Article 75, Clause 7 of Article 76, Clause 7 of Article 78, Point d Clause 4 of Article 92 of the Law on Bidding:

a) Contents of the Prequalification Document, the Bidding Documents before the issuing time as prescribed;

b) Contents of Application, Bid, notebooks and minutes of bid consideration meetings, comments and evaluation regarding each Application, Bid prior to the announcement of the pre-qualification results, results of Investor selection;

c) Contents of Requests for Clarification of Application, Bid made by the Procuring Entity and responses of the Investor during the process of evaluation of Application, Bid prior to announcement of the pre-qualification results, results of Investor selection;

d) Reports of the Procuring Entity and expert group, evaluation reports, reports of consulting Investor, reports of relevant specialized agencies during the Investor selection process prior to announcement of the pre-qualification results, results of Investor selection;

dd) Pre-qualification results, results of Investor selection prior to the stipulated time for announcement;

e) Other documents during the Investor selection process which are stamped "confidential" as prescribed by law.

3. Investors’ eligibility

An Investor (independent or each party of the joint venture) is eligible when satisfying the following conditions:

3.1. Have been granted an enterprise registration certificate, an establishment decision or equivalent issued by the competent authorities of the country in which the Investor is operating;

3.2. Keep independent accounting records.

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

3.4. Ensure the competitiveness in bidding as prescribed in the BDS.

3.5. Have registered on national bidding network.

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

3.7. Have not violated regulations of law on land relating to the use of land under land allocation, land lease as prescribed in BDS.

4. Key contents of the Prequalification Document

4.1. The Prequalification Document consists of Part 1, Part 2, Appendix  in conjunction with any Addendum to the Prequalification Document (if any) as defined in the ITB Section 7 (if any). The Prequalification Document specifically includes the following contents:

Part 1. Pre-qualification procedure

- Chapter I. Instructions to Investors

- Chapter II. Bid Data Sheet

- Chapter III. Application Evaluation Process and Criteria

- Chapter IV. Application Forms

Part 2. Project

Appendix: Preliminary plan for compensation and land clearing

4.2. Invitation for Pre-qualification issued or provided by Procuring Entity is not a part of the Prequalification Document.

4.3. The Procuring Entity is not responsible for the accuracy and completeness of the Prequalification Document, Prequalification Document clarification, minutes of pre-bid meeting (if any) or addenda to the Prequalification Document as specified in ITB Section 7 if they were not obtained directly from the Procuring Entity.

4.4. The Investor must examine all instructions, BDS, forms, project, and other requirements in Prequalification Document to create their Applications.

5. Prequalification Document clarification, pre-qualification meeting

5.1. A prospective Investor requiring any clarification of the Prequalification Document shall contact the Procuring Entity according to the address prescribed in ITB Section 1.1. in writing at least 05 working days before the deadline for submission of Prequalification Document responses as prescribed in ITB Section 16 or ask questions in the pre-bid meeting (if any) as specified in ITB Section 5.2.

The Procuring Entity will respond in writing to any request for clarification and forward copies of its response to all those who have acquired the Prequalification Document directly from it, including a description of the inquiry but without identifying its source.  Should the Procuring Entity deem it necessary to amend the Prequalification Document as a result of a clarification, it shall do so following the procedure under ITB Section 7.

5.2. In exceptional circumstances, the Procuring Entity 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 Prequalification Document. The Investor is requested, as far as possible, to submit any question in writing, to reach the Procuring Entity before the Pre-Bid Meeting.

Minutes of the Pre-Bid Meeting shall include: the text of the questions rose (without identifying the source), and the responses given by the Procuring Entity. The Prequalification Document clarification shall be made and transmitted to all Investors who have acquired the Prequalification Document from the Procuring Entity. The minutes of Pre-Bid Meeting are different from the Prequalification Document addendum. Absence from the Pre-Bid Meeting is not a reason for disqualifying an Investor. Should the Procuring Entity deem it necessary to amend the Prequalification Document as a result of a Pre-Bid Meeting, it shall do so following the procedure under ITB Section 7.

6. Site Visit

6.1. The Investor and any of its partners (if any) will be granted permission by the Procuring Entity to access project site, but only upon the express condition that the Investor, its partners will release and indemnify the Procuring Entity from and against all liability in respect thereof. The Investor, its partners will be responsible for accidents, loss or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection. In exceptional circumstances, the Procuring Entity shall provide the Investor with guidelines for Site Visit as specified in BDS.

6.2. The Investor should notify the Procuring Entity of the request for site visit before such visit is undertaken.

7. Amendment of Pre-qualification Document

7.1. At any time prior to the deadline for submission of applications, the Procuring Entity may amend the Pre-qualification Document by issuing addenda. Any addendum issued, including the decision on amendment and amending contents shall be part of the Prequalification Document.

7.2. The addendum shall be communicated in writing to all who have obtained the prequalification document from the Procuring Entity (by hand, by post, fax, or email).

7.3. Each addendum shall be sent to all Investors who have obtained the Pre-qualification Document directly from the Procuring Entities within a given time as specified in the BDS. To give prospective Investors reasonable time in which to take an addendum into account in preparing their applications, the Procuring Entity may extend the deadline for submission of applications, pursuant to ITI Section 16.2. The Investor must notify the Procuring Entity of the receipt of the addendum in writing, by post, via fax or email.

8. Cost of Applications

The Investor shall bear all costs associated with the preparation and submission of its application. The Procuring Entity will in no case be responsible or liable for those costs.

9. Language of Application

The application, as well as all correspondence and documents relating to the prequalification exchanged by the Investor and the Procuring Entity, shall be written in the language prescribed in the BDS.

10. Documents comprising the Application

The application shall comprise the following:

10.1. Application Submission Form, in accordance with ITI Section 11;

10.2. Documentary evidence establishing the Investor’s eligibility to prequalify, in accordance with ITB Section 11;

10.3. Power of Attorney using Form Appendix 02 of Chapter IV - Application Forms (if necessary);

10.4. Joint Venture Agreement (for any Investor in a Joint Venture-JV) using Form PL 03 Chapter IV - Application Forms;

10.5  Documentary evidence establishing the Investor’s qualifications, in accordance with ITI Section 12; 

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

11. Application Submission Form

11.1. The Investor (for any independent Investor) shall prepare an Application Submission Sheet using the form PL 01 furnished in Chapter IV- Application Forms, with signature and seal (if any) of the Investor’s legal representative (legal representative or authorized representative; in case of authorization, the Investor must attach the Power of Attorney using the form PL 02 Chapter IV – Application Forms or the copy of the Company’s Charter, Decision on establishment of branch or other documentary evidence establishing the authority of the authorized representative).

11.2. The Investor (for any Investor in a joint venture) shall prepare an Application Submission Sheet using the form PL 01 furnished in Chapter IV- Application Forms, with signatures and seals (if any) of each JV's Party’s legal representative or of the signature and seal of a JV's Party on behalf of the JV as specified in the Joint Venture Agreement (if any).

The legal representative of each JV's Party is a legal representative or authorized representative. To establish its eligibility of the authorized representative, the JV's Party must attach the Power of Attorney using Form PL 02 in Chapter IV - Application Forms or copies of Decision on establishment of branch or other documentary evidence establishing the authority of the authorized representative.

12. Documentary evidence establishing the Investor’s eligibility and qualifications

12.1. Documents establishing the Investor’s eligibility, in accordance with BDS.

12.2. Documents establishing the qualifications of the Investor, including:

a) Investor’s eligibility using Forms in Part B of Chapter IV - Application Forms;

b) Other documents in accordance with BDS.

13. Period of Validity of Application

13.1. The Application shall remain valid for the period which is not shorter than the period specified in the BDS. The Application valid for a shorter period shall not be considered further.

13.2. In exceptional circumstances, the Procuring Entity may request Investors to extend the validity period of the Application before the expiration date. If the Investor refuses the extension of the Application, such Application shall not be considered further. The Investor that accepts the request for extension may update the qualifications during the Application Evaluation. The request for extension and the responses shall be made in writing.

14. Format and Signing of Application 

14.1. The Investor shall prepare the documents comprising the Application consisting of: 01 original copy of Application and a number of photocopies of Application as prescribed in the BDS. The cover of the documents comprising the Application shall be clearly marked “ORIGINAL”, “COPY”.

If there any amendments to or replacement for Application, the Investor shall prepare one original and a number of photocopies of the Application as prescribed in the BDS. The cover of the documents comprising the Application shall be clearly marked “MODIFICATION ORIGINAL”, “SUBSTITUTION ORIGINAL”, “SUBSTITUTION COPY”.

14.2. The Investor shall be responsible for the discrepancy between the original and the photocopies. In the event of any discrepancy between the original and the copies does not lead to any change to the rank of the Investor, the original shall prevail. In the event of any discrepancy between the original and the copies leading any change to the rank of the Investor, the Application shall be rejected.

14.3. The original of Application shall be typed or written in indelible ink and have page numbers. Application Submission Form, clarifying documents (if any), and other forms prescribed in Chapter IV - Application Forms must bear the signature and seal of the Investor’s legal representative or authorized representative (if any). The authorized representative must obtain a Power of Attorney using form 02 of Chapter IV – Bidding Forms or a copy of the Company Charter, a certified Decision on Establishment of branch or other documents proving the competence of the authorized representative, and it shall be submitted together with the Technical Proposal and Financial Proposal.

14.4. If the Investor is a joint venture, the Application must bear the signatures of legal representatives or all JV’s Parties or the Party that represents the Joint Venture according to the Joint Venture Agreement. The Joint Venture Agreement must bear the signatures of legal representatives of all JV’s Parties.

14.5. Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the Application Submission Form.

15. Sealing and Marking of Application

15.1. The Application contains the original and the copies and clearly marks it “APPLICATION”.

If there is any modification or replacement of Application, the modified or substituted documents (including the original and the copies) shall be put into envelopes and clearly mark it “MODIFICATION”, “SUBSTITUTION”.

These envelopes: Application, modified application, substituted application shall be sealed. The sealing of envelopes shall comply with regulations provided by the Investor.

15.2. The outer envelopes shall:

a) bear the name and address of the Investor;

b) be addressed to the Procuring Entity in accordance with ITI Section 1.1;

c) bear the project’s name specified in ITI Section 1.4;

d) bear a warning: “not to open before the bid opening time”.

15.3. In case Application contains multiple documents, the investor needs to pack the whole documents in way that ensures convenient reception and storage of Application, ensures the integrity of Application to avoid loss or missing.

15.4. If the envelopes are not sealed or the seals thereof are lost during the process they are transferred to the Procuring Entity, or they are not marked as required in ITI Sections 15.1. and 15.2, the Investor shall be responsible for those violations. The Procuring Entity will assume no responsibility for the confidentiality of the Application if the Investor fails to comply with above regulations.

16. Deadline for the submission of Bids

16.1. Investors may submit their applications at the Procuring Entity’s address in accordance with ITI Section 1.1. and no later than the deadline for submission of Bid specified in the BDS. The Procuring Entity shall receive applications of all Investors submitted before the deadline for submission of Application, including those who have not bought or received the Pre-qualification Document from the Procuring Entity. Any Investor that has not bought the Pre-qualification Document must pay the Procuring Entity an amount equal to the selling price for a set of Pre-qualification Document before their applications are received.

16.2. The Procuring Entity may extend the deadline for submission of Application by amending the Pre-qualification Document in accordance with ITI Section 7. in which case all rights and obligations of the Procuring Entity and Investors previously subject to the deadline shall thereafter be subject to the deadline as extended.

16.3. When the deadline for the submission of Application is extended, the Procuring Entity communicated in writing Investors that have acquired the Pre-qualification Document or have submitted Applications, and post the notification of extension of the deadline for the submission of bids on the national bidding network, the Vietnam Public Procurement Review Journal (including the notification written in English with regard to international bidding). The Procuring Entity shall clarify the deadline as extended in order for Investors have enough time to amend the Application under new requirements. Any Investor who has submitted an Application may take it back for amendments. Any Application that has not been taken back shall be treated as “confidential” document.

17. Late Applications

The Procuring Entity shall not consider any Application that arrives after the deadline for submission of Applications. Any Application received by the Procuring Entity after the deadline for submission of Applications shall be declared late, rejected and returned unopened to the Investor.

18. Modification, Substitution, and Withdrawal of Applications

181. An Investor may modify, substitute, or withdraw its Application after it has been submitted by sending a written notice, duly signed by a legal representative or an authorized representative attached with a Power of Attorney using Form Appendix 02 of Chapter IV - Application Forms or photocopies of Company’s Charter, Decision on establishment of branch or other documentary evidence establishing the authority of the authorized representative and the Application.

18.2. The corresponding substitution or modification of the Application must accompany the respective written notice. All notices must be:

a) submitted in accordance with ITI Sections 14 and 15, and in addition, the respective envelopes shall be clearly marked “MODIFICATION” or “SUBSTITUTION”;

b) received by the Procuring Entity prior to the deadline prescribed for submission of Bid, in accordance with ITI Section 16.

18.3. The written notice of Application withdrawal must satisfy the following:

a) the respective envelopes shall be clearly marked “WITHDRAWAL”;

b) received by the Procuring Entity prior to the deadline prescribed for submission of Bid, in accordance with ITI Section 16.

Applications requested to be withdrawn shall be returned unopened to the Investors.

18.4. Only written notices of modification, substitution or withdrawal of Application are received prior to the deadline for submission of Applications shall be accepted.

19. Opening of Applications

19.1.Except for late Applications prescribed in ITI Sections 17 and Applications requested to be withdrawn in accordance with ITI Section 18.3, all Technical Applications received prior to the deadline for submission of Applications shall be opened and read out information prescribed in ITI Section 19.2.  The Opening of Applications shall be held in public at the address, date and time specified in the BDS in the witness of participants being Investors’ representatives and relevant agencies and organizations. The Opening of Applications shall be conducted regardless of the absence of any Investor’s representative. Only envelopes that are opened and read out at the Opening of Applications shall be considered further.

19.2. The Opening of Applications shall be conducted to every Application according to the following procedures:

a) The seals shall be checked;

b) All envelopes, including original, modified or substitute (if any) shall be opened and read out: the name of Investor, the validity period of Application, the number of original copies, photocopies and other details as the Procuring Entity may consider appropriate;

c) The representative of the Procuring Entity shall countersign the original of Application Submission Form, Power of Attorney of Investor’s legal representative (if any), Joint Venture Agreement (if any). No Application shall be rejected at opening of Applications except for late bids, in accordance with ITI Section 17.

19.3. With regard to Applications requested to be withdrawn

Envelopes marked “WITHDRAWAL” shall be opened and read out and the corresponding Applications shall not be opened, but returned to the Investor. No Application withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal.

19.4. With regard to Applications requested to be modified

Envelopes marked “MODIFICATION” shall be opened and read out and the corresponding Applications shall not be opened, before the ORIGINAL is opened. No Application modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification.

19.5. With regard to Applications requested to be substituted

Envelopes marked “SUBSTITUTION” shall be opened and read out and exchanged with the corresponding Application being substituted. The substituted shall not be opened, but returned to the Investor. No Application substitution shall be permitted unless the corresponding substitution notice contains a valid authorization to request the substitution.

19.6. The Procuring Entity shall prepare a record of the Bid opening that shall include prescribed in ITI Section 19.2. The record of Bid opening shall be signed by the representatives of the Investors participating in the Bid opening. If any signature of the Bidders is left in the record, it still remains valid. A copy of the record shall be distributed to all Investors who participate in the Application opening.

20. Confidentiality

20.1. Information relating to the Applications shall be treated as confidential documents until the notification of prequalification results is made to all Investors. No information mentioned in the Application of an Investor is disclosed to any other Investors, except for information disclosed at the Application opening.

20.2. Except for case of the Application clarification prescribed in  ITI Section 21, the Investor is not permitted to contact to the Procuring Entity on any matter related to its Application and the package from the opening time until the notification of prequalification results.

21. Clarification of Applications

21.1. In the event that there is no documentary evidence establishing the Investor’s eligibility and qualifications in the Application, the Procuring Entity shall request the Investor to clarify and supplement that documentary evidence.

21.2. The Investor must clarify the Application at the Procuring Entity’s request. Any request for clarification of the Procuring Entity and any response of the Investor shall be in writing  by hand, by post, via fax or email. The clarification of Applications shall only be made between the Procuring Entity and the Investor having the Application that needs clarifying. The clarification of Application shall be treated as an integral part of the Application provided that the Investor’s eligibility is not changed.

21.3. The request for clarification shall specify the deadline for clarifications in accordance with BDS. If an Investor does not provide or provides non responsive clarifications of the information requested by the deadline set in the Procuring Entity’s request for clarification, the Application that submitted prior to the deadline for submission of Applications shall be considered.

21.4. In the event that there is no documentary evidence establishing the Investor’s eligibility and qualifications in the Application when the deadline for submission of Applications expires, the Investor may send clarifications of its eligibility and qualifications to the Procuring Entity. The Procuring Entity shall receive the Clarification of Applications sent by the Investors; documentary evidence establishing the Investor’s eligibility and qualifications shall be an integral part of the Application. The Procuring Entity shall notify of receipt of Clarification of Bids in writing by hand, by post, via fax or email.

22. Relevant Partners

The Investor must declare Partners expected to participate in the project execution using Form PL 05 of Chapter IV - Application Forms.

23. Evaluation and Ranking

23.1. The evaluation of Applications shall be conducted in accordance with the evaluation procedure and criteria as prescribed in Chapter III – Evaluation procedure and criteria.

23.2. Investors are ranked in accordance with BDS.

24. Shortlisting criteria

An Investor is selected to be in the shortlist if meeting all the following requirements:

24.1. The Investor has a valid Application;

24.2. It’s total score of qualifications is not lower than the minimum score, and score of each evaluation item is not lower than the minimum score as prescribed in Section 2 Chapter III – Evaluation procedure and criteria;

24.3. Meet ranking requirement as prescribed in ITI Section 23.2.

25. Disclosure of pre-qualification result

After pre-qualification result is approved, the Procuring Entity shall post pre-qualification results (shortlist) on national bidding network and the Vietnam Public Procurement Review Journal, and also send a pre-qualification result notice to Investors who submitted Applications.

26. Settlement of dispute and complaints

Investors are entitled to file complaints against the pre-qualification progress and results to the Procuring Entity, competent persons, advisory board at the address prescribed in the BDS when they found their lawful rights and interests are infringed. The complaints in bidding shall be handled as prescribed in Section 1 of Chapter XII of the Law on Bidding and Articles 88, 89 and 90 of Decree No. 30/2015/ND-CP.

27. Actions against violations

27.1.  Any organization or individual that violates laws on bidding and other regulations shall, subject to its nature and severity of the violations, be disciplined, incur penalties for administrative violations or face a criminal prosecution; in the case where the violation of law on bidding causes damage to the State’s interests, rights and legitimate interests of other organizations and individuals, it must compensate for damage in accordance with regulations of law.

27.2. The organization or individual committing violations shall be subject to, apart from the actions prescribed in Clause 1 of this Section, the prohibition from participating in the bidding and included in the list of investors violating bidding law on the national bidding network.

27.3. In case of any violation resulting in being banned from bidding, the investor committing violation may be banned from bidding in terms of projects under management of competent persons or within a Ministry, agency or a locality or nationwide in accordance with Clause 3 Article 90 of the Law on Bidding.

27.4. Publication of actions against violations:

a) Each decision on actions against violations shall be sent to the organization or individual against which the action is taken and relevant agencies, and the Ministry of Planning and Investment for supervision;

b) Each decision on actions against violation shall be published on the Vietnam Public Procurement Review Journal, and national bidding network.

28. Surveillance

Competent persons shall assign entities in charge specified in BDS to carry out the surveillance of the selection of investors. Any practice or issue that is discovered not compliant with law on bidding by the Investor shall be reported to the entities in charge mentioned above.

ITI 1.1

Name and address of the Procuring Entity:

- The Procuring Entity is: _____[Procuring Entity’s name]

- Representative: _____[representative’s full name]

- Floor/Room No.: ___[insert number of floor, room (if any)]

- ___[insert street’s name, house number]

- City: ___[insert city’s or town's name]

- Post code: ___[insert post code (if any)]

- Phone number: ___[insert telephone number, including country and city code]

- Fax: ___[insert fax number, including country and city code]

- Email address: ___[insert email address (if any)]

ITI 1.2

- Estimates for preliminary cost associated with the project execution (excluding the cost associated with compensation and land clearing) (m₁):___ [insert preliminary cost estimate (excluding the cost associated with compensation and land clearing) determined by Procuring Entity in accordance with law on construction relating to each specific project so as to make the most of the land zone, land fund, land area, floor area ratio, and land use planning according to the approved zoning plan with the scale of 1/2,000 or the approved detailed plan with the scale of 1/500 (if any)].

- The cost associated with compensation and land clearing (including cost associated with financial aid and resettlement, if any) (m₂): ___ [insert the cost associated with compensation and land clearing (including cost associated with financial aid and resettlement, if any) determined by Procuring Entity according to the preliminary plan as prescribed in Article 11 of Decree No. 30/2015/ND-CP and guidelines in the Appendix issued together with Pre-qualification Document].

- Minimum price: __________ [sum of m₁ and m₂]

ITI 1.3

Requirements pertaining to equity and borrowed capital:

- Minimum required equity that the Investor has to contribute(1): ____[insert amount in figures and in words]. The minimum required equity shall not be lower than 20% of the total estimated investment in case of the project using fewer than 20 ha of land or not lower than 15% of the total estimated investment in case of the project using at least 20 ha of land. In which, the total estimated investment (equivalent to the minimum price) equals the sum of m₁ and m₂ as prescribed in Section 1.2].

- Borrowed capital that the Investor has to mobilize: ___[insert amount in figures and in words].

ITI 1.4

Project’s information: [summary of project’s information]

a) Project’s name: ___________________________________________;

b) Name of authority competent to sign the contract with the Investor: ______________________________________________________;

c) Objectives; _____________________________________;

d) Contract duration: ___________________________

Details of the projects shall be specified in Part 2 – Project.

ITI 3.4

- The Investor do not hold more than 30% of shares or stakes of each other: _____[insert full name and address of the competent authority and Procuring Entity]

- The Investor and the solicitation consulting units documents not hold stake of each other; the Investor and another organization or individual do not hold more than 20% stake of each other. In particular:

+ Consulting unit on making Pre-qualification Document (if any)____[insert complete name and address]

+ Consulting unit on evaluating Pre-qualification Document (if any): ____[insert complete name and address]

+ Consulting unit on evaluating Application (if any): ____[insert complete name and address]

+ Consulting unit on evaluating prequalification results (if any): ____[insert complete name and address]

- The Investor and the following entity are not in the same supervisory agency or organization: _____[insert full name and address of the competent authority and Procuring Entity]

ITI 3.7

g) The Investor is using land which is allocated or leased by the State for a project without violating regulations of law on land according to the following bases: ___ [insert bases in accordance with applicable law. Example:

- Actions against violations of legislation on land relating to projects in a province that are posted on the website of the People’s Committee of province or Service of Natural Resources and Environment.

- Actions against violations of legislation on land relating to projects that the Investor has executed which are posted on the website of the Ministry of Natural Resources and Environment].

ITI 5.2

A Pre-Bid meeting [insert “will” or “will not”] take place. [If yes, date, time, and place shall be specified]

ITI 6.1

The Procuring Entity [insert “will” or “will not"] conduct a site visit.

 [If the Procuring Entity instruct the Investor to a site visit, time and place shall be specified]

ITI 7.3

The Procuring Entity shall send Amendment of Pre-qualification Document to all Investors received the Pre-qualification Document from the Procuring Entity before the deadline for submission of Applications at least _____ days [insert specific number of days, provided that there is enough time for the Investor to complete the Application and not sooner than 10 working days].

In case the time for sending Amendment of Pre-qualification Document does not comply with above regulations, the Employer shall extend the corresponding deadline for the submission of bids.

ITI 9

 [Specify language of Application according to pre-qualification form:

- Regarding international pre-qualification:

The Application, as well as all correspondence and documents related to the Application exchanged by the Investor and the Procuring Entity shall be written in: ____ [if the Pre-qualification Document is in English then insert “English”; if the Pre-qualification Document is in both English and Vietnamese, then insert “the Investor may chose either English or Vietnamese to prepare an Application according to the Application in English”.

Supporting documents and printed literature that are part of the Application may be in another language provided they are accompanied by an accurate translation of the relevant passages into _____ [if the Pre-qualification Document is in English, then insert “English”; if the Pre-qualification Document is in both English and Vietnamese, then insert “the Investor may chose either English or Vietnamese to prepare an Application”]. In case of absence of the translation, the Procuring Entity may request the Investor to supplement when necessary.

- Regarding national pre-qualification:

The Application, as well as all correspondence and documents related to the Application exchanged by the Investor and the Procuring Entity shall be written in Vietnamese.

Supporting documents and printed literature that are part of the Application may be in another language provided they are accompanied by a translation into Vietnamese. In case of absence of the translation, the Procuring Entity may request the Investor to supplement when necessary].

ITI 10.6

The Investor shall submit the following documents in conjunction with the Application: ___[insert other documents in conjunction with the Application other than regulations in ITI Sections 10.1, 10.2, 10.3, 10.4 and 10.5 as required by the scope and nature of the project without any restriction on participation of the Investor. If there is no requirement, clearly mark it “no requirement”].

ITI 12.1

Documentary evidence establishing the Investor’s eligibility and qualifications:

a) With regard to an independent Investor, the following documentary evidence establishing the Investor’s eligibility and qualifications shall be provided:

- Photocopies of one of the following documents: An enterprise registration certificate, an establishment decision or equivalent issued by the competent authorities of the country in which the Investor is operating.

- Financial statement in ___ years [number of years as required] that has been audited or certified by a tax authority, or other documents justifying that the Investor keeps independent accounting records.

b) With regard to a joint venture, the following documents shall be provided:

- Documents specified in Point a of this Section of each JV's Party;

- Joint Venture Agreement between Parties using Form PL 03 of Chapter IV - Application Forms.

ITI 12.2 (b)

The Investor shall submit the following documents in conjunction with the Application: ___[insert other documents in conjunction with the Application other than regulations in ITI Section 12.2. (a) as required by the scope and nature of the project without any restriction on participation of the Investor. If there is no requirement, clearly mark it “no requirement”].

ITI 13.1

Validity period of Application: ____days [insert number of days which is not later than 180 days], from the deadline for submission of Application.

ITI 14.1

The number of copies of the Application is: ____[insert number].

ITI 16.1

- The deadline for submission of bids is: ____[time]____[date][the deadline for submission of Application shall be specified according to the scope and nature of the project provided that period of time from the first day on which the Pre-qualification Document are issued to the deadline is at least 30 days and the deadline shall not fall to the early hour of a working day which may restrict the submission of bids by Investors].

- Price of Pre-qualification Document: [insert price of a set of Pre-qualification Document provided not exceeding 5 million dong for national pre-qualification; and not exceeding 10 million dong for international pre-qualification].

ITI 19.1

Application opening at: _______[hour, minute] on____[date] at:

- House/Floor/Room number:

- Street:

- City:

 [insert date, time and place of Application opening, provided that the Application is opened within 01 hour from the deadline for submission of Application].

ITI 21.3

Time limit for clarification of the Application is within: ___days from the date of receipt.

 [The Procuring Entity shall specify the number of days enough for clarification of Application].

ITI 23.2

The Application with the score not lower than the required minimum score shall be put in the short list; the Application with highest score shall be ranked first. If there are more 03 Investors satisfying requirements, ___ [according to scope, nature, and sector of the project, the Procuring Entity shall specify the number of Investors in the shortlist from 03 to 05 Investors] investors ranked first in the shortlist.

ITI 26

Mailing address:

a) Address of the Procuring Entity: ____ [insert address, fax, phone number of Procuring Entity].

b) Address of Competent Person: ______ [insert address, fax, phone number of competent authority that sign the contract].

c) the Standing board of advisory council: ____ [insert address, fax, phone number].

ITI 28

Details of individuals, units participating in monitoring: ___ [insert complete name, address, telephone number, fax of the organization or individual in charge of monitoring the Investor selection progress which is assigned by the competent person (if any)]. [if there is no requirement, clearly mark it “no requirement”]

No.

Qualification evaluation

Maximum

Details⁽¹⁾

Minimum

Minimum requirement

I. Financial capacity (maximum score accounting for 50-60% of total score) ⁽²⁾

1

Average net asset value in ___ years [insert number] ⁽³⁾

Average net asset value in ___ years [insert number]: ___ [insert minimum net asset value, not lower than required minimum equity prescribed in Section 1.3 of BDS]

2

Owner’s equity⁽⁴⁾

Minimum equity that Investor has to contribute: ____ [insert minimum equity as prescribed in Section 1.3 of BDS]

3

Borrowed capital⁽⁵⁾

Borrowed capital that the Investor has to mobilize: ___[insert minimum borrowed capital as prescribed in Section 1.3 of BDS]

II

Experience of Investor (maximum score accounting for 30-40% of total score) ⁽⁶⁾

Minimum number of projects that Investor or JV’s Party or a partner plays role of or Investor contributing owner’s equity or contractor: ___ projects [insert number as required]. Identification of projects(7):

- Type 1: Projects in ____ [insert sector similar to the sector of the considering project, including urban works, commercial housing, commercial buildings, and multi-purpose commercial buildings] that Investor plays role of Investor contributing owner’s equity and meets all the following conditions:

+ Projects with total estimated investment/total investment is at least ____ [equivalent value, usually 50%-70% of total estimated investment/total investment of the considering project].

+ Projects with minimum owner’s equity equals required owner’s equity of the considering project.

+ Projects in which construction phase has been completed in _____ years [insert number of years as required].

- Type 2: Projects in ____ [insert sector similar to the sector of the considering project, including urban works, commercial housing, commercial buildings, and multi-purpose commercial buildings] that Investor plays role of Prime Contractor and meets all the following conditions:

+ Minimum contract package/contract is ____ [insert equivalent value, usually 30%-70% of equivalent work of the considering project].

+ The contract package/contract finished in last ___ years [insert number as required].

- Type 3: Projects in ____ [insert sector similar to the sector of the considering project, including urban works, commercial housing, commercial buildings, and multi-purpose commercial buildings] that the partner plays role of Prime Contractor and meets all the following conditions:

+ Minimum contract package/contract is ____ [insert equivalent value, usually 30%-70% of equivalent work of the considering project].

+ The contract package/contract finished in last ___ years [insert number as required].

III. Preliminary plan for project execution, capacity and commitment of project execution (maximum score accounting for 10% of total score) ⁽⁸⁾

1

The approach and methodology

2

Preliminary proposal for project execution (including innovations).

3

Other criteria⁽⁹⁾

Authorized representative
[Full name, position, signature and seal (if any)]

Authorizer
[Full name, position, signature and seal (if any)  of the legal representative]

No.

Name

Role

Owner’s equity

Amount

%

1

Party 1

 [Finance]

2

Party 2

 [Technique]

3

Party 3

 [Operation/Management]

…

Total

…..

100%

No.

Partner⁽²⁾

Country of operation

Role⁽³⁾

Legal representative

Contract or agreement with Partner⁽⁴⁾

1

Company 1

 [Financial support]

2

Company 2

 [Building contractor]

3

Company 3

 [Operation/Management Contractor]

…..

No.

Description

Financial Data for Previous ___Years

Year 1

Year 2

Year __

1

Total Assets

2

Total Liabilities

3

Net Worth

4

Current Assets

5

Current Liabilities

6

Working Capital

7

Total Revenues

8

Profits Before Taxes

9

Profits After Taxes

Pending litigation

Choose one of two information below:

□ No pending litigation.

□ Description of pending litigation in which the Investor is a litigant (or each JV' Party is a litigant regarding JV).

Year

Matter in Dispute

Value of Pending Claim (in VND)

Value of Pending Claim as a Percentage of Net Worth

Financing source

Amount

I. Committed owner’s equity:

1.

2.

…

II. Borrowed capital to be mobilized:

1.

2.

...

Name of Investor/JV's Party:

1

Contract number:                                                                         Signing date:

Role in project:

□ Independent Investor              □  Investor JV's Party

□ Project Manager               □  Building Contractor       □ Operator

Schedule:

□ Closing of construction

□ Closing of operation, business

□ Fulfillment of obligations in the project contract

Execution progress (to be used for the Contractor):

Holding rate in the Joint Venture (to be used for Joint Venture):

Mobilized owner’s equity:

Total investment:

Contract package/contract value (to be used for Contractor):

Type of contract:

Country:

2

Name of Procuring Entity/competent authority:

Address:

Contact person:

Phone number:

Fax:

Email:

3

Summary of similar characteristics of completed project and considered project:

4

- Summary of performed work:

- Value of performed work:

 (Value and currency) equivalent to ___VND

5

- Summary of non-performed work to be completed:

- Value of non-performed work to be completed:

 (Value and currency) equivalent to ___VND

6

 [If the Procuring Entity evaluate the work’s quality, Investor must declare the following:

- Its capacity for control of expenses in the completed projects:

- Its capacity for complying with the expected schedule of the completed projects:

- Its capacity for complying with technical standards of projects…]

7

Litigation Records:

8

Summary of special technical specifications/operation:

No.

Type

Symbol

Area (m²)

1

 [specifying type of land]

 [insert symbol]

 [insert area]

2

...

Total

Consultant for bidding documents 
(if any)
[name, signature, seal (if any)]

Procuring Entity

[name, signature, seal]

BDS

Bid Data Sheet

ITI

Instructions to Investors

Application

Application for Pre-qualification

Bid

Bid

Technical Proposal

Technical Proposal

Financial Proposal

Financial Proposal

Prequalification Document

Prequalification Document

Bidding Documents

Bidding Documents

Law on Bidding

Law on Bidding No. 43/2013/QH13

Decree No. 30/2015/ND-CP

Government’s Decree No. 30/2015/ND-CP dated March 17, 2015 on guidelines for the Law on bidding in terms of selection of bidders

1. Selection of Investors

1.1. The Procuring Entity with name and address as defined in BDS invites Investors to submit Application as prescribed in Section I Part 2 – Procuring Entity’s Requirements.

1.2. Preliminary estimate of expenses associated with the project, minimum price specified in the BDS.

1.3. Requirements pertaining to equity and borrowed capital are defined in BDS.

1.4. Basic information on the Project is specified in BDS.

2. Fraud and Corruption

2.1. Corrupt practice.

2.2. Take advantage of positions, powers aiming to interfere illegally in a bidding process.

2.3. Collusive practice, including the following acts:

a) Agreeing on bidding withdrawal or withdrawal of Letter of Bid already been submitted so that one party or parties in agreement win bid;

b) Agreeing that one party or parties jointly prepare(s) Bidding Documents so that one party may win Bid.

2.4. Fraudulent practice, including the following acts:

a) Providing a wrong presentation intentionally or falsifying information, documents of a Investor with the aim to obtain financial benefits or other benefits or with the aim to avoid any obligation;

b) Individuals who directly assess the Bidding Documents and results of Investor selection provide wrong reports or untrue information falsifying the results of Investor selection;

c) Investors intentionally provide dishonest information in the Bid falsifying the result of Investor selection.

2.5. Interference practice, including the following acts:

a) Destroying, cheating; changing, hiding proof or reporting contrary to the truth; threatening, disturbing or suggesting with any Investor with the aim to prevent the clarification of corrupt, fraudulent or conclusive practice with authorities in charge of supervisions, inspections and audit;

b) Impeding Investors, authorities in charge of supervision, inspection and audit.

2.6. Inequality and intransparency, including the following acts:

a) Making a Bid as an Investor or perform tasks of an Investor for its own Invitation for bids.

b) Formulating and engaging in evaluation of the Bidding Documents of the same package;

c) Engaging in evaluation of the Bid and assessing the results of Investor selection of the same package;

d) Any individual of the Procuring Entity directly participates in the Investor selection process, or participates in an expert group or evaluation group for prequalification results, results of Investor selection, or a Head of the competent authority, the Procuring Entity has packages of which his or her natural parent, parent-in-law, spouse, natural child, adopted child, son or daughter-in-law or sibling is a Investor or a legal representative of the Investor;

dd) Applying a method of Investor selection other than National Competitive Bidding upon the unsatisfaction of requirements prescribed in the Law on bidding;

2.7. Disclosing or receiving the following documents in terms of the Investor selection process, other than the cases prescribed in Point e Clause 8 Article 73, Point 1 Clause 3 Article 74, Clause 7 of Article 76, Clause 7 of Article 78, Point d Clause 4 of Article 92 of the Law on Bidding:

a) Contents of the Bidding Documents before the issuing time as prescribed;

b) Contents of Bid, notebooks and minutes of bid consideration meetings, comments and evaluation regarding each Bid prior to the announcement of the results of Investor selection;

c) Contents of Requests for Clarification of Bids made by the Procuring Entity and responses of the Investor during the process of evaluation of Bids prior to announcement of the results of Investor selection;

d) Reports of the Procuring Entity and expert group, evaluation reports, reports of consulting Investor, reports of relevant specialized agencies during the Investor selection process prior to announcement of the prequalification results, results of Investor selection;

dd) Results of Investor selection prior to the stipulated time for announcement;

e) Other documents during the Investor selection process which are stamped "confidential" as prescribed by law.

3. Changes of Investor’s eligibility

3.1. Any Investor that needs to change its eligibility (name) in the shortlist shall communicate in writing with the Procuring Entity within a given time as specified in BDS. The Procuring Entity shall request the competent person for consideration of the eligibility change, in particular:

a) Permit another Joint Venture or permit the addition of another JV's Party not included in the shortlist;

b) Refuse the Investor being a joint venture from which a JV's Party is withdrawn but no JV’s Party with equivalent qualifications or higher replaces it.

The Investor shall declare qualifications of new JV's Party, attach documents establishing its eligibility and qualifications.

3.2. Any Investor that needs to change its eligibility (name) in the shortlist shall comply with regulations on eligibility of Investor, including:

a) An enterprise registration certificate, an establishment decision or equivalent issued by the competent authorities of the country in which the Investor is operating.

b) Keep independent accounting records.

c) Be not undergoing dissolution process, is not thrown into bankruptcy, and does not incur bad debts as prescribed by law.

d) Ensure the competitiveness in bidding as prescribed in the BDS.

dd) Have registered on national bidding network.

e) Be not banned from bidding as prescribed in law on bidding.

g) Have not violated regulations of law on land relating to the use of land under land allocation, land lease as prescribed in BDS.

3.3. If an Investor does not change its eligibility (name) in the shortlist, its eligibility shall not be re-considered.

4. Key contents of Bidding Documents

4.1. The Bidding Documents consists of Part 1, Part 2, Part 3, Appendix in conjunction with any Addendum to the Bidding Documents (if any) as defined in the ITB Section 7 (if any). The Bidding Documents specifically includes the following contents:

Part 1. Selection of bidder procedures

- Chapter I. Instructions to Investors

- Chapter II. Bid Data Sheet

- Chapter III. Evaluation and Qualification Criteria Method

- Chapter IV. Bidding Forms

Part 2. Procuring Entity’s Requirements 

Part 3: Draft Contract and Contract Forms

Appendix: Preliminary plan for compensation and land clearing

4.2. Invitation for Bid issued or provided by Procuring Entity is not a part of the Bidding Documents.

4.3. The Procuring Entity is not responsible for the accuracy and completeness of the Bidding Documents, addenda, minutes of pre-bid meeting (if any) or addenda to the Bidding Documents as specified in ITB Section 7 if they were not obtained directly from the Procuring Entity.

4.4. The Investor must examine all instructions, BDS, forms, summary reports and other requirements in Bidding Documents to create their Bids.

5. Clarification of Bidding Documents, pre-bid meeting

5.1. A prospective Investor requiring any clarification of the Bidding Documents shall contact the Procuring Entity according to the address prescribed in ITI Section 1.1 in writing at least 05 working days before the deadline for the submission of bids as prescribed in ITI Section 21 or ask questions in the pre-bid meeting (if any) as specified in ITI Section 5.2.

The Procuring Entity will respond in writing to any request for clarification. The Procuring Entity shall forward copies of its response to all those who have acquired the Bidding Documents directly from it, including a description of the inquiry but without identifying its source.  Should the Procuring Entity deem it necessary to amend the Bidding Documents as a result of a clarification, it shall do so following the procedure under ITI Section 7.

5.2. In exceptional circumstances, the Procuring Entity 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 Investor is requested, as far as possible, to submit any question in writing, to reach the Procuring Entity before the Pre-Bid Meeting.

Minutes of the Pre-Bid Meeting shall include: the text of the questions rose (without identifying the source), and the responses given by the Procuring Entity. The clarification shall be made and transmitted to all Investors who have acquired the Bidding Documents from the Procuring Entity. The minutes of Pre-Bid Meeting are not an addendum of Bidding Documents. Absence from the Pre-Bid Meeting is not a reason for disqualifying an Investor. Should the Procuring Entity deem it necessary to amend the Bidding Documents as a result of a clarification, it shall do so following the procedure under ITI Section 7.

6. Site Visit

6.1. The Investor and any of its partners (if any) will be granted permission by the Procuring Entity to access project site, but only upon the express condition that the Investor, its partners will release and indemnify the Procuring Entity from and against all liability in respect thereof. The Investor, its partners will be responsible for accidents, loss or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection. In exceptional circumstances, the Procuring Entity shall provide the Investor with guidelines for Site Visit as specified in BDS.

6.2. The Investor should notify the Procuring Entity of the request for site visit before such visit is undertaken.

7. Amendment of Bidding Documents

7.1. At any time prior to the deadline for submission of Bid, the Procuring Entity may amend the Bidding Documents by issuing addendum. Any addendum issued, including the decision on amendment and amending contents shall be an integral part of the Bidding Documents.

7.2. The addendum shall be communicated in writing to all who have obtained the Bidding Documents from the Procuring Entity (by hand, by post, fax, or email).

7.3. Each addendum shall be sent to all Applicants who have obtained the Bidding Documents directly from the Employers within a given time as specified in the BDS. To give prospective Investors reasonable time in which to take an addendum into account in preparing their Bids, the Procuring Entity may extend the deadline for submission of Bids, pursuant to ITI Section 21.2. The Investor must notify the Procuring Entity of the receipt of the addendum in writing, by post, via fax or email.

8. Cost of Bidding

The Investor shall bear all costs associated with the preparation and submission of its Bid. The Procuring Entity will in no case 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 Investor and the Procuring Entity, shall be written in the language prescribed in the BDS.

10. Documents comprising the Bid

The Bid includes Technical Proposal and Financial Proposal, which comprise the following:

10.1. Technical Proposal includes documents on administrative and legal matters, and qualifications also (if required as prescribed in ITI Section 12), and technical proposal as required by Bidding Documents. In particular:

a) Letter of Technical Bid in accordance with ITT Section 11;

b) Documentary evidence establishing the authority of the signatory of the Bid, in accordance with ITI Section 11;

c) Power of Attorney using Form 02 of Chapter IV - Bidding Forms (if necessary);

d) Joint Venture Agreement (in case of changes of eligibility to bid) using form 03 Chapter IV - Bidding Forms;

dd) Bid Security, in accordance with ITI Section 17;

e) Documents on amendments to Investor’s qualifications, in accordance with ITI Section 12;

g) Technical Proposal in accordance with ITI Section 13.

10.2. Financial Proposal shall include the following:

a) Letter of Financial Bid in accordance with ITI Section 11;

b) Financial Proposal and Schedules, in accordance with ITI Section 15.

10.3. Alternative Proposal in accordance with ITI Section 14.

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

11. Letter of Bid

11.1. The Investor shall submit the Letter of Technical Bid and Letter of Financial Bid, and equivalent Schedules using the forms furnished in Chapter IV - Bidding Forms.

11.2. The Investor (for any independent Investor) shall prepare an Application Submission Sheet using the form PL 01 furnished in Chapter IV- Application Forms, with signature and seal (if any) of the Investor’s legal representative (legal representative or authorized representative; in case of authorization, the Investor must attach the Power of Attorney using the form 02 Chapter IV – Application Forms or the copy of the Company’s Charter, Decision on establishment of branch or other documentary evidence establishing the authority of the authorized representative).

11.3. The Investor (for any Investor in a joint venture) shall prepare an Letter of Bid, with signatures and seals (if any) of each JV's Party’s legal representative or of the signature and seal of a JV's Party on behalf of the JV as specified in the Joint Venture Agreement (if any).

The legal representative of each JV's Party is a legal representative or authorized representative. To establish its eligibility of the authorized representative, the JV's Party must attach the Power of Attorney using Form PL 02 in Chapter IV - Bidding Forms or copies of Decision on establishment of branch or other documentary evidence establishing the authority of the authorized representative.

12. Amendments to investor’s qualifications

12.1. Each Investor must update its latest qualifications in the Bid. In the case where the Investor’s qualifications remain unchanged, it must provide a written commitment to meet the project’s requirements.

12.2. If the Investor’s qualifications change, it must make amendments to such changes (with attachments) and send them to the Procuring Entity.

12.3. The written commitment to meet the project’s requirements and amendments to Investor’s qualifications shall be submitted together with the Bid and be treated as its integral part.

13. Technical Proposal

The Investor shall furnish a Technical Proposal including contents as prescribed in BDS and any other information as prescribed in Part A Chapter IV - Bidding Forms.

14. Alternative Proposal

14.1. The Investor may provide an Alternative Proposal as prescribed in BDS.

14.2. The Investor must provide all essential information serving as basis for the evaluation of the Alternative Proposal.

15. Financial Proposal

15.1. The Investor shall furnish a Financial Proposal including a Grand summary of costs of execution and compensation and land clearing (inclusive of the cost associated with financial aid and resettlement, if any), and other regulations as prescribed in BDS and any other information as prescribed in par B Chapter IV - Bidding Forms.

15.2. The Investor must fulfill the tasks required in the Bidding Documents in consideration of total costs of execution, compensation and land clearing (inclusive of the cost associated with financial aid and resettlement, if any) and its offered payment amount to State budget.

15.3. If the Investor offers to increase payment to State budget, it shall be written directly in the Letter of Financial Bid or in a separate offer. The Investor shall specify the contents and method of increase in payments to State budget together with the respective Financial Proposal. The aforesaid offers may be submitted separately or together with the Financial Proposal as long as it is received by the Procuring Entity prior to the deadline for submission of Bid. Any offer separately submitted shall comply with ITI Sections 20.2 and 20.3. The offers shall be preserved as part of the Bid and opened together with the Financial Proposal.

15.4. The successful Investor, after the selection, must:

a) Pay total amount of the offer for payment to State budget as prescribed in law on state budget in conformity with the agreement;

b) Pay total amount of the offer for compensation and land clearing (including financial aid and resettlement, if any) to competent agencies as prescribed in law on land for appropriate initiation. Such amount shall be treated as the amount of compensation and land clearing (including financial aid and resettlement, if any) that the Investor advances to the State for compensation and land clearing purposes as prescribed in law on land.

If the difference between actual amount of compensation and land clearing (including financial aid and resettlement, if any) and the amount paid by the Investor is negative, such amount of difference shall be paid to state budget; if the difference is positive, the Investor must make up the deficit for compensation and land clearing purposes (including financial aid and resettlement, if any). The actual amount for compensation and land clearing (including financial aid and resettlement, if any) shall be deducted from the land rents and land levies not exceeding those to be paid as prescribed in law on land.

16. Currencies of Bid

Currencies of Bid shall be specified in the BDS.

17. Bid Security

17.1. When submitting a bid, the Investor shall furnish a Bid Security before the deadline for submission of Bid in the form of either a letter of credit or a bank guarantee from a bank or a credit institution lawfully operating in Vietnam or deposit cheques. If the letter of credit is used, it must be made in accordance with Form 08 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 ITI Section 18.2, the Bid Security is also extended with the same validity period.

17.2. If a joint venture make a bid, it may perform the Bid Security by one of two methods below:

a) Every JV’s Party may perform separate Bid Security provided that total value of the Bid Security is not lower than that mentioned in ITI Section 17.3; if the Bid Security is not valid, the Bid of the joint venture shall be rejected as non-responsive. If any JV’s Party violates law on bidding leading its Bid Security is not returned as prescribed in ITI Section 17.6, and the Bid Security shall not be returned.

b) If all JV’s Parties conclude an agreement in which one Party will be responsible for its Bid Security or for Bid Security of other Parties in the joint venture. The Bid Security shall be in the name of the joint venture or the JV’s Party in charge provided that the total value is not lower than that mentioned in ITI Section 17.3. If any JV’s Party violates law on bidding leading its Bid Security is not returned as prescribed in ITI 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 in one of the following cases: it has lower value, shorter validity period as required in ITI Section 17.3, inaccurate the Employer’s name (beneficiary), non-original paper and invalid signature and accompanying of disadvantaged conditions to the Procuring Entity.

17.5. The unsuccessful Investor 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 Investor selection is sent. With regard to the successful Investor, the Bid Security shall be returned or released after the Investor performs Performance Security.

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

a) The Investor withdraws its Bid (including Technical Proposal or Financial Proposal) after the deadline for submission of Bid and during the period of bid validity;

b) The Investor violates law on bidding which leads to be cancelled bid as prescribed in ITI Section 37.1;

c) The Investor fails to furnish the Performance Security as prescribed in ITI Section 41.1;

d) The Investor fails to or refuses to negotiate the contract within 05 working days, from the date on which the notification of contract negotiation sent by the Procuring Entity is received, excluding force majeure events;

dd) The Investor fails or refuses to finalize and sign the contract, within a given time as mentioned in the notification of contract award sent by the Procuring Entity except for force majeure cases.

18. Period of Validity of Bids

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 not be considered further.

18.2. In exceptional circumstances, prior to the expiration of the bid validity period, the Procuring Entity may request Investors 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). If the Investor refuses the extension of the Bid  such Bid shall not be considered further. The Investor accepting the request may not change any content of the Bid. The request for extension and the responses shall be made in writing.

19. Format and Signing of Bid

19.1. The Investor shall prepare the documents comprising the Bid consisting of: 1 original copy of Technical Proposal and 1 original copy of Financial Proposal and a number of photocopies of the Technical Proposal, Financial Proposal as prescribed in the BDS. The cover of the documents comprising the Bid shall be clearly marked “TECHNICAL PROPOSAL ORIGINAL”, “FINANCIAL PROPOSAL ORIGINAL”, “TECHNICAL PROPOSAL COPY”, “FINANCIAL PROPOSAL COPY”.

If there any amendments to or replacement for Technical Proposal, Financial Proposal, the Investor shall prepare one original and a number of photocopies of the Application as prescribed in the BDS. The cover of documents shall be clearly marked “TECHNICAL PROPOSAL ORIGINAL MODIFICATION”, “TECHNICAL PROPOSAL COPY MODIFICATION”, “FINANCIAL PROPOSAL ORIGINAL MODIFICATION”, “FINANCIAL PROPOSAL COPY MODIFICATION”, “TECHNICAL PROPOSAL ORIGINAL SUBSTITUTION”, “TECHNICAL PROPOSAL COPY SUBSTITUTION”, “FINANCIAL PROPOSAL ORIGINAL SUBSTITUTION”, “FINANCIAL PROPOSAL COPY SUBSTITUTION”.

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

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

14.4. With regard to an Investor being a Joint Venture prescribed in ITI Section 19.3, the Bid must bear the signatures of legal representatives or all JV’s Parties or the Party that represents the Joint Venture according to the Joint Venture Agreement. The Joint Venture Agreement must bear the signatures of legal representatives of all JV’s Parties.

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

20. Sealing and Marking of Bids

20.1. The Technical Proposal envelope contains the original and the copies and clearly marks it “TECHNICAL PROPOSAL”. The Financial Proposal envelope contains the original and the copies and clearly marks it “FINANCIAL PROPOSAL”.

If there is any revision or replacement of Technical Proposal or Financial Proposal, the modification or substitution documents (including the original and the copies) shall be put into separate envelopes and clearly mark it “TECHNICAL PROPOSAL MODIFICATION”, “TECHNICAL PROPOSAL SUBSTITUTION”, “FINANCIAL PROPOSAL MODIFICATION”, “FINANCIAL PROPOSAL SUBSTITUTION”.

These envelopes: including Technical Proposal, Financial Proposal, Technical Proposal Modification, Financial Proposal Modification, Technical Proposal Substitution, Financial Proposal Substitution, and Alternative Bid shall be sealed. The sealing of envelopes shall comply with regulations provided by the Investor.

20.2. The outer envelopes shall:

a) bear the name and address of the Investor;

b) be addressed to the Procuring Entity in accordance with ITI Section 1.1;

c) bear the project’s name specified in ITI Section 1.4;

d) bear a warning: “not to open before the time and date for Technical Proposal opening” regarding envelopes of Technical Proposal, Technical Proposal Modification, or Technical Proposal Substitution (if any); bear a warning “Do not to open before the time and date of Financial Proposal opening” regarding envelopes of Financial Proposal, Financial Proposal Modification, or Financial Proposal Substitution (if any).

20.3. In case Bid contains multiple documents, the Investor needs to pack the whole documents in way that ensures convenient reception and storage of Bid, ensures the integrity of Bid to avoid loss or missing.

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

21. Deadline for the submission of Bids

21.1. Investors may submit their Bids by hand or by mail at the Procuring Entity’s address in accordance with ITI Section 1.1. and no later than the deadline for submission of Bid specified in the BDS. The Procuring Entity shall receive Bids of all Applicants submitted before the deadline for submission of Bids, including those who have not bought or received the Bidding Documents from the Procuring Entity. Any Investor that has not bought the Bidding Documents must pay the Procuring Entity an amount equal to the selling price for a set of Bidding Documents as specified in BDS before their Bid envelopes are received.

21.2. The Procuring Entity may extend the deadline for submission of Bids by amending the Bidding Documents in accordance with ITI Section 7. in which case all rights and obligations of the Procuring Entity and Investors previously subject to the deadline shall thereafter be subject to the deadline as extended.

21.3. Any extension of the deadline for the submission of bids shall be communicated in writing with Investors who have acquired Bidding Documents or have submitted their Bids. The Procuring Entity shall clarify the deadline as extended in order for Investors have enough time to amend the Bid under new requirements. Any Investor who has submitted a Bid may take it back for amendments. Any Bid that has not been taken back shall be treated as “confidential” document.

22. Late Bids

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

23. Withdrawal, Substitution, and Modification of Bids

23.1. An Investor may withdraw, substitute, or modify its Bid after it has been submitted by sending a written notice, duly signed by a legal representative or an authorized representative, or attached with a copy of the Power of Attorney in accordance with ITI Section 11.2 and 11.3.

23.2. The corresponding substitution or modification of the Bid must accompany the respective written notice. All notices must be:

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

b) received by the Procuring Entity prior to the deadline prescribed for submission of Bid, in accordance with ITI Section 21.

23.3. The written notice of Bid withdrawal must satisfy the following:

a) the respective envelopes shall be clearly marked “BID WITHDRAWAL”;

b) received by the Procuring Entity prior to the deadline prescribed for submission of Bid, in accordance with ITI Section 21.

Any bid requested to be withdrawn shall be returned unopened to the Investor.

23.4. Only written notices of modification, substitution or withdrawal of Bid are received before the deadline for submission of Bids shall be accepted.

24. Confidentiality

24.1. Information relating to the evaluation of bids, and recommendation of contract award, shall not be disclosed to Investors or any other persons not officially concerned with such process until publication of selection results. No information mentioned in the Bid of an Investor is disclosed to any other Investors, except for information disclosed at the Bid opening.

24.2. Except for case of the Bid clarification prescribed in ITI Section 25 and preliminary negotiation prescribed in ITI Section 35, the Investor is not permitted to contact to the Procuring Entity on any matter related to its Bid and the package from the opening time until the publication of selection results.

25. Clarification of Bid

25.1. In the event that there is no documentary evidence establishing the Investor’s eligibility and qualifications in the Bid when the deadline for submission of bids expires, the Investor may send clarifications of its eligibility and qualifications to the Procuring Entity. The Procuring Entity shall receive the Clarification of Applications sent by the Investors; documentary evidence establishing the Investor’s eligibility and qualifications shall be an integral part of the Bid. The Procuring Entity shall notify of receipt of Clarification of Bids in writing by hand, by post, via fax or email.

25.2. After opening Technical Proposal and Financial Proposal, the Investor is responsible for clarifying Technical Proposal and Financial Proposal at the request of the Procuring Entity. Any request for clarification of the Procuring Entity and any response of the Investor shall be in writing and sent by the following: by hand, by post, via fax or email. The Clarification of Bids shall only be made between the Procuring Entity and the Investor having the Bid that needs clarifying. The contents of the Clarification of Bids shall be treated as an integral part of the Bid by the Procuring Entity.

25.3. The Clarification of Bids shall only be made between the Procuring Entity and the Investor having the bid that needs clarifying provided that the essential contents of the Bids and the eligibility of the Investors keep unchanged. The request for clarification shall specify the deadline for clarifications in accordance with BDS. The contents of the Clarification of Bids shall be treated as an integral part of the Bid by the Procuring Entity. Regarding clarification in terms of the Investor’s qualification, technical requirements or financial requirements, if the deadline for clarification expires, but the Investor fails to send any clarification or the clarification does not satisfy requirements of the Procuring Entity, the Procuring Entity shall evaluate the Bid sent prior to the deadline for submission of Bid by the Investor.

26. Relevant Partners

The Investor must declare Partners expected to participate in the project execution using Form PL 06 of Chapter IV - Bidding Forms.

27. Deviations, Reservations, and Omissions

During the evaluation of Bids, the following definitions apply:

27.1. “Deviation” means a departure from the requirements specified in the Bidding Documents;

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

27.3. “Omissions” means the failure to submit part or all of the information or documentation required in the Bidding Documents.

28. Determination of Responsiveness

28.1. The Procuring Entity shall determine a bid’s responsiveness as prescribed in ITI Section 10.

28.2. 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:

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

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

28.3. The Procuring Entity shall examine all technical aspects of the Bid submitted in accordance with ITI Sections 13, in particular, to confirm that all criteria prescribed in Part 2 – Procuring Entity’s requirements, have been met without any material deviation, reservation or omission.

28.4. 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.

29. Nonmaterial Nonconformities

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

29.2. Provided that a bid is substantially responsive, the Procuring Entity may request that the Investor 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 Investor. Failure of the Bidder to comply with the request may result in the rejection of its Bid.

29.3. Provided that a Bid is substantially responsive, the Procuring Entity shall rectify nonmaterial and quantifiable nonconformities related to the Financial Proposal of the Investor. To this effect, the Financial Proposal shall be adjusted, for comparison purposes only, to reflect the missing or nonconforming item or component in comparison with the Bidding Documents prescribed in ITI Section 33.2.

30. Technical Proposal  Opening T

30.1.Except for late Bids prescribed in ITI Sections 22 and Bids requested to be withdrawn in accordance with ITI Section 23.3, all Technical Proposals received prior to the deadline for submission of bids shall be opened and read out information prescribed in ITI Section 30.2 Point b.  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 Investors’ representatives and relevant agencies and organizations. The Technical Proposal opening shall be conducted regardless of the absence of any Investor’s representative. Only envelopes that are opened and read out at the Technical Proposal opening shall be considered further.

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

a) The seals shall be checked;

b) All envelopes of Technical Proposal, including original, modification or substitution (if any) shall be opened and read out: the Investor’s name, number of originals and copies, the validity period of Technical Proposal, the performance period and the value and validity period of the Bid Security and other details as the Procuring Entity may consider appropriate.

c) The representative of the Procuring Entity shall countersign the original of Letter of Technical Bid, Power of Attorney of Investor’s legal 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 ITI Section 22.

30.3. With regard to Bids requested to be withdrawn:

First, envelopes marked “WITHDRAWAL” shall be opened and read out and the corresponding Bids (including Technical Proposal and Financial Proposal shall not be opened, but returned to the Investor. No Bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and such authorization is public in the Bid opening.

30.4. With regard to Technical Proposals requested to be modified

Envelopes marked “Technical Proposal Modification” shall be opened and read out and the corresponding Bids shall not be opened, before the Technical Proposal Original is opened. No Technical Proposal modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification.

30.5. With regard to Technical Proposals requested to be substituted

Envelopes marked “SUBSTITUTION” shall be opened and read out and exchanged with the corresponding Technical Proposal being substituted. The substituted Technical Proposal shall not be opened, but returned to the Investor. No Technical Proposal substitution shall be permitted unless the corresponding substitution notice contains a valid authorization to request the substitution and such authorization is public in the Bid opening.

30.6. The Procuring Entity shall prepare a record of the Bid opening that shall include prescribed in ITI Section 30.2. The record of Bid opening shall be signed by the representatives of the Investors participating in the Bid opening. If any signature of the Bidders is left in the record, it still remains valid. A copy of the record shall be distributed to all Investors who participate in the bid opening.

31. Technical Proposal  Evaluation

31.1. The Technical Proposal shall be evaluated according to the procedure, method, and criteria prescribed in Chapter III - Evaluation and Qualification Criteria and Method

31.2. List of Investors satisfying technical requirements shall be approved in writing. The Procuring Entity shall send the List of Investors satisfying technical requirements to all Investors (including summary of reasons for rejection), which contains invitations of bidders satisfying technical requirements to open Financial Proposal, together with time and location of opening Financial Proposal.

32. Financial Proposal Opening

32.1. The Financial Proposal opening shall be held in public at the address, date and time specified in the Notification of List of Investors  satisfying technical requirements, in the witness of participants being Investors’ representatives and relevant agencies and organizations. The Procuring Entity shall open and read out the information as prescribed in ITI Section 32.4 Point b in the Financial Proposal of Investors satisfying technical requirements. The Financial Proposal opening shall be conducted regardless of the absence of any Investor’s representative. Only envelopes that are opened and read out at the Financial Proposal opening shall be considered further.

32.2. At the Financial Proposal opening, the Employer shall announce List of Investors satisfying technical requirements and then check seals of the envelopes marked “FINANCIAL PROPOSAL”, “FINANCIAL PROPOSAL MODIFICATION”, “FINANCIAL PROPOSAL SUBSTITUTION”.

32.3. First, envelopes marked “FINANCIAL PROPOSAL SUBSTITUTION” shall be opened and read out and exchanged with the corresponding Substituted Financial Proposal, and the Substituted Financial Proposal shall not be opened, but returned to the Bidder. No Financial Proposal substitution shall be permitted unless the corresponding substitution notice contains a valid authorization to request the substitution.

Envelopes marked  “FINANCIAL PROPOSAL MODIFICATION” shall be opened and read out with the corresponding Financial Proposals. No Financial Proposal modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification.

32.4. The Financial Proposal opening shall be conducted to every Financial Proposal according to the alphabet order of the Investors’ names and following procedures:

a) The seals shall be checked;

b) The envelopes shall be opened and reading out: Investor’s name; number of originals and copies of Financial Proposal; Letter of Financial Bid; validity period of Financial Proposal; total estimated investment/total investment (excluding the cost of compensation and land clearing) offered by the Investor (M₁), value of compensation and land clearing offered by the Investor (M₂), amount paid to state budget (M3), increasing payment to State budget (if any); scores of Bids satisfying technical specifications, and other details.

32.5. The Procuring Entity shall prepare a record of the Financial Proposal opening that shall include information prescribed in ITI 32.2, 32.3 and 32.4. The record of Financial Proposal opening shall be signed by the representatives of the Investors participating in the Financial Proposal opening. If any signature of the Bidders is left in the record, it still remains valid. A copy of the record shall be distributed to all Investors who satisfy technical specifications.

33. Error correction and adjustment of deviation

33.1. Error correction is correction of errors in the Bid inclusive of arithmetical errors, unit errors; discrepancies between contents technical proposal and Financial Proposal and other errors. The error correction shall be made in accordance with BDS.

33.2. Adjustment of deviation is adjustment of deficiency or redundancy that is non-material deviation in the Bid compared to requirements of Bidding Documents. Adjustment of deviation shall be made in accordance with BDS in consideration of equity, transparency and economic efficiency. Adjustments are not material deviation, reservation or omissions as prescribed in ITI Section 28.2. The adjustment of deviation is made only be intended to compare Bids.

33.3. Upon discovering errors, deviation, the Procuring Entity shall notify the Investor in writing of such errors, deviation and error correction and adjustment of deviation thereof. Within 07 working days, from the date on which the Procuring Entity’s notification is received, the Investor shall reply as follows:

a) Accept or refuse the error correction. In case of refusal, the Bid shall be rejected;

b) Offer opinions about adjustment of deviation. In case of refusal of adjustment of deviation, the Investor shall provide explanation for consideration.

34. Financial Proposal Evaluation and Ranking of Investors

34.1. The Financial Proposal shall be evaluated according to the procedure, method, and criteria prescribed in Chapter III - Evaluation and Qualification Criteria and Method

34.2. According to the evaluation of Financial Proposals, the Procuring Entity shall make an investor ranking list. The Investor provides the offer price (A) is not lower than the approved minimum price, the value of compensation and land clearing (M2) is not lower than m2 and the highest investment efficiency (B) shall be ranked first.

35. Preliminary negotiation of Contract

35.1. The first-ranking Investor shall be invited to enter into preliminary negotiation. If the Investor fails or refuses to enter into preliminary negotiation, the Bid Security shall not be returned as prescribed in ITI Section 17.6 Point d.

35.2. Preliminary negotiation shall be carried out according to the following bases:

a) Bid/proposal evaluation report;

b) Bid and Clarifications to Bid (if any) of the Investor;

c) Bidding Documents.

35.3. Rules for preliminary negotiation:

a) No matter which is required in the Bidding Documents is presented in the preliminary negotiation:

b) The preliminary negotiation shall not cause change to the essential contents of the Bid.

35.4. Preliminary negotiation contents:

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

b) Negotiating issues arising during the selection of Investors (if any) to complete the details of the project, including keeping satisfying conditions and procedures in accordance with law on investment, land, construction, environment, property trading or any relevant field;

c) Negotiating other necessary contents.

35.5. During the preliminary negotiation, the parties shall complete the draft contract.

35.6. If the preliminary negotiation with the first-ranking Investor is not successful, the Procuring Entity shall request the Competent Person to invite the second-ranking Investor to enter into the preliminary negotiation. If the preliminary negotiation with subsequent Investors is still not successful, the Procuring Entity shall request the Competent Person to consider canceling the bidding as prescribed.

36. Conditions for successful Investor

An Investor shall be proposed for contract award when following conditions are satisfied:

36.1. The Bid is valid;

36.2. Requirements for qualifications are satisfied;

36.3. Technical specifications are satisfied;

36.4. The offer price (A) is not lower than the approved minimum price in the Bidding Documents, the value of compensation and land clearing (M₂) is not lower than m₂ and the highest investment efficiency (B).

37. Bidding cancellation

37.1. The Procuring Entity shall notify the bidding cancellation in the following cases:

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

b) The Procuring Entity 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 Investor.

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

37.2. Any organization or individual violating law on bidding leading bidding cancellation (as prescribed in Point c and Point d of ITI Section 37.1) must compensate relevant contracting parties and face penalties as prescribed.

37.3. Regarding bidding cancellation prescribed in ITI Section 37.1, within 20 working days, the Procuring Entity shall return or release Bid Security to Investors, excluding bidding cancellation prescribed in Point d of ITI Section 37.1.

38. Publication of selection of investors

38.1. Upon results of selection of investors, the Procuring Entity shall publish such results on the national bidding network or the Vietnam Public Procurement Review Journal, and send them to Investors participating in the process of bidding no later than 05 working days from the date on which the results of selection of investors are approved. Contents of the notification of investor selection result:

a) Project’s name, location and scope;

b) Name of the successful Investor;

c) Deadline for commencement, build, operation;

d) Requirements pertaining to using land for executing project (location, area, purposes, use term);

dd) Total investment;

e) Payment to State budget;

g) List of unsuccessful Investors and brief explanation in term of each Investor;.

h) Plan for negotiation, finalization, and signing of contract with successful Investor;

i) Notes (if any).

38.2. Regarding bidding cancellation prescribed in Point a ITI Section 37.1, the explanation for the bidding cancellation shall be provided in the notification of Investor selection result.

38.3. Upon the receipt of notification of the bidder selection result prescribed in ITI Section 38.1, if any unsuccessful Investor requests explanation, the Procuring Entity shall, within 05 working days from the date on which the notification of Investor selection result is published, give explanation.

38.4. Apart from the notification of investor selection results, the Procuring Entity shall send Letter of Acceptance and Award of contract, including requirements for Performance Security, deadline for negotiation, finalization, signing of investment agreement as prescribed in ITI Section 39 to the successful Investor. The Letter of Acceptance and Contract Award shall be an integral of the Contract documents. In the event that the successful Investor fails to negotiate, finalize, and sign the contract or pay Performance Security before the deadline mentioned in the Letter of Acceptance and Contract Award, such Investor shall be rejected without Bid Security return as prescribed in Points c and dd ITI Section 17.6.

39. Negotiation and finalization of contract

According to the results of selection of investors, preliminary negotiation, the competent authority shall enter into the negotiation of the contract with the successful Investor.

40. Conditions for signing of contract

40.1. The Bid of the successful Investor shall remain valid at the time of signing of contract.

40.2. At the time of signing of contract, the successful Investor shall be determined to have technical and financial qualification to perform the contract. In necessary cases, the Competent Person shall verify the Investor’s qualifications; the contract will be entered into only when those qualifications are still satisfied.

40.3. Competent regulatory agencies shall create favorable conditions in as agreed and in order the project is executed on schedule.

41. Performance Security

41.1. Before the effective date of the contract, the successful Investor shall furnish the Performance Security in the form of a Bank Guarantee issued by a bank or a credit institution lawfully operating in Vietnam or cheque deposit according to the given time and value specified in BDS. The Investor shall, if applicable, use the Bank Guarantee form prescribed in form 13 of Chapter VIII - Contract Forms or another form which is approved by the competent authority.

41.2. The Investor shall be not returned the Performance Security in one of the following cases:

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

b) Violate terms and conditions of the contract;

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

42. Settlement of dispute and complaints

Investors are entitled to file complaints against the Investor selection progress and result to the Investor, competent persons, advisory board at the address prescribed in the BDS when they found their lawful rights and interests are infringed. The complaints in bidding shall be handled as prescribed in Section 1 of Chapter XII of the Law on Bidding and Articles 88, 89 and 90 of Decree No. 30/2015/ND-CP.

43. Actions against violations

43.1.  Any organization or individual that violates laws on bidding and other regulations shall, subject to its nature and severity of the violations, be disciplined, incur penalties for administrative violations or face a criminal prosecution; in the case where the violation of law on bidding causes damage to the State’s interests, rights and legitimate interests of other organizations and individuals, it must compensate for damage in accordance with regulations of law.

43.2. The organization or individual violating the law on bidding shall be subject to, apart from the actions prescribed in ITI Section 43.1, the prohibition from participating in the bidding and included in the list of investors violating bidding law on the national bidding network.

43.3. In case of any violation resulting in being banned from bidding, the investor committing violation may be banned from bidding in terms of projects under management of competent persons or within a Ministry, agency or a locality or nationwide in accordance with Clause 3 Article 90 of the Law on Bidding.

43.4. Publication of actions against violations:

a) Each decision on actions against violations shall be sent to the organization or individual against which the action is taken and relevant agencies, and the Ministry of Planning and Investment for supervision;

b) Each decision on actions against violation shall be published on the Vietnam Public Procurement Review Journal, and national bidding network.

44. Extraordinary Financial Proposal

If any Financial proposal of the Investor is extraordinary that affect the feasibility of project execution or fulfillment of financial obligation as proposed, the Procuring Entity shall request the Competent Person to clarify the feasibility of the proposed financial plan. In this case, the Competent Person is permitted to establish an interdisciplinary assessment group to require the Investor to clarify the components of the financial plan in conformity with the following directions:

a) Economic elements in connection with Technical Proposal for construction and provision of public services;

b) Economic solutions or the special advantage of investors leading to advantages in the proposed financial plan;

c) The origin of technical solutions and technologies for implementing the project that must comply with the provisions of law.

If all requirements prescribed in Points a, b, and c of this Section is met, and the Investor’s clarification is persuadable, its Financial Proposal shall be considered further. In this case, if the Investor accepts the award of contract, the Competent Person shall, to prevent risks, specify that the value of Performance Security is greater than 3% but not lower than 10% of total estimated investment/total investment of the project. If requirements prescribed in Points a, b, and c of this Section are not met, and the Investor’s clarification is non-persuadable leading the fact that the financial plan is considered unfeasible, its Financial Proposal shall be rejected.

45. Surveillance of Investor selection progress

Competent persons shall assign entities in charge specified in BDS to carry out the surveillance of the selection of investors. Any practice or issue that is discovered not compliant with law on bidding by the Investor shall be reported to the entities in charge mentioned above.

ITI 1.1

Name and address of the Procuring Entity:

- The Procuring Entity is: _____[Procuring Entity’s name]

- Representative: _____[representative’s full name]

- Floor/Room No.: ___[insert number of floor, room (if any)]

- Street: ___[insert street’s name, house number]

- City: ___[insert city’s or town's name]

- Post code: ___[insert post code (if any)]

- Phone number: ___[insert telephone number, including country and city code]

- Fax: ___[insert fax number, including country and city code]

- Email address: ___[insert email address (if any)]

ITI 1.2

- Estimates for preliminary cost associated with the project execution (excluding the cost associated with compensation and land clearing) (m1):___ [insert preliminary cost estimate (excluding the cost associated with compensation and land clearing) determined by Procuring Entity in accordance with law on construction relating to each specific project so as to make the most of the land zone, land fund, land area, floor area ratio, and land use planning according to the approved zoning plan with the scale of 1/2,000 or the approved detailed plan with the scale of 1/500 (if any)].

- The cost associated with compensation and land clearing (including cost associated with financial aid and resettlement, if any) (m2): ___ [insert the cost associated with compensation and land clearing (including cost associated with financial aid and resettlement, if any) determined by Procuring Entity according to the preliminary plan as prescribed in Article 11 of Decree No. 30/2015/ND-CP and guidelines in the Appendix issued together with Pre-qualification Document].

+ Minimum offer amount to paid to state budget (m₃): _____ [according to commercial advantage of the land zone, land fund used in the project in the future or statistics on value of land zones with similar locations and nature, Procuring Entity shall determine m₃].

- Minimum price: __________ [sum of m1 and m2]

ITI 1.3

Requirements pertaining to equity and borrowed capital:

- Minimum required equity that the Investor has to contribute(1): ____[insert amount in figures and in words]. The minimum required equity shall not be lower than 20% of the total estimated investment in case of the project using fewer than 20 ha of land or not lower than 15% of the total estimated investment in case of the project using at least 20 ha of land. In which, the total estimated investment (equivalent to the minimum price) equals the sum of m1 and m2 as prescribed in Section 1.2].

- Borrowed capital that the Investor has to mobilize: ___[insert amount in figures and in words].

ITI 1.4

Project’s information: [summary of project’s information]

a) Project’s name: _______________________________________ ;

b) Name of authority competent to sign the contract with the Investor: _________________________________________;

Objectives; ______________________________________;

d) Contract duration: __________________________.

Details of project shall be specified in Section I Part 2 - Procuring Entity’s Requirements.

ITI 3.1

Any Investor that needs to change its eligibility (name) in the shortlist for bidding shall communicate in writing with the Procuring Entity at the address prescribed in Section 1.1 of BDS within ___ days prior to the deadline for the submission of bids [specific number, not sooner than 07 working days].

ITI 3.2 (d)

- The Investor does not hold more than 30% of shares or stakes of each other: _____[insert full name and address of the competent authority and Procuring Entity].

- The Investor and the solicitation consulting units documents not hold stake of each other; the Investor and another organization or individual do not hold more than 20% stake of each other. In particular:

+ Consulting unit on evaluating Pre-qualification Document, Bidding Documents (if any): ____[insert complete name and address].

+ Consulting unit on evaluating Pre-qualification Document, Bidding Documents (if any): ____[insert complete name and address].

+ Consulting unit on evaluating Application, Bid (if any): ____[insert complete name and address].

+ Consulting unit on evaluating prequalification results, selection of investors results (if any) ____[insert complete name and address].

- The Investor and the following entity are not in the same supervisory agency or organization: _____[insert full name and address of the competent authority and Procuring Entity].

ITI 3.2 (g)

g) The Investor is using land which is allocated or leased by the State for a project without violating regulations of law on land according to the following bases: ___ [insert bases in accordance with applicable law. Example:

- Actions against violations of legislation on land relating to projects in a province that are posted on the website of the People’s Committee of province or Service of Natural Resources and Environment.

- Actions against violations of legislation on land relating to projects that the Investor has executed which are posted on the website of the Ministry of Natural Resources and Environment].

ITI 5.2

A Pre-Bid meeting [insert “will” or “will not”] take place. [If yes, date, time, and place shall be specified]

ITI 6.1

The Procuring Entity [insert “will” or “will not"] conduct a site visit.

 [If the Procuring Entity instructs the Investor to a site visit, time and place shall be specified].

ITI 7.3

The Procuring Entity shall send Amendment of Bidding Documents to all Investors received the Prequalification from the Procuring Entity before the deadline for submission of Bids at least _____ days [insert specific number of days, provided that there is enough time for the Investor to complete the Bid and not sooner than 10 working days].

In case the time for sending Amendment of Bidding Documents does not comply with above regulations, the Procuring Entity shall extend the corresponding deadline for the submission of bids.

ITI 9

 [Specify language of Application according to bidding form:

- International bidding:

The Bid, as well as all correspondence and documents related to the Bid exchanged by the Investor and the Procuring Entity shall be written in: ____ [if the Bidding Documents are in English then insert “English”; if the Bidding Documents are in both English and Vietnamese, then insert “the Investor may chose either English or Vietnamese to prepare a Bid according to the Bidding Documents in English”.

Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by a translation into Vietnamese. ____ [if the Bidding Documents are in English then insert “English”; if the Bidding Documents are in both English and Vietnamese, then insert “the Investor may chose language for Bid”]. In case of absence of the translation, the Procuring Entity may request the Investor to supplement when necessary.

- Regarding national bidding:

The Bid, as well as all correspondence and documents related to the Bid exchanged by the Investor and the Procuring Entity shall be written in Vietnamese.

Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by a translation into Vietnamese. In case of absence of the translation, the Procuring Entity may request the Investor to supplement when necessary]

ITI 10.4

The Investor shall submit the following documents in conjunction with the Bid: ___[insert other documents in conjunction with the Bid other than regulations in ITI Section 10.1, 10.2, 10.3 as required by the scope and nature of the project without any restriction on participation of the Investor. If there is no requirement, clearly mark it “no requirement”].

ITI 13

Composition of Technical Proposal:

 [According to the scope, nature, and field of the project, the Procuring Entity specifies composition of Technical Proposal, including the following:

a) Architecture solutions to execute project.

b) Proposal on project schedule and construction period.

c) Proposal on compensation and land clearing.

d) Plan for reducing project’s impact on environment, society and economy].

ITI 14.1

 [According to the scope, nature, and field of the project, the Procuring Entity specifies if the Investor may make an alternative plan. If the Investor is not entitled to make an alternative plan, clearly mark it “no application”].

ITI 15.1

 [According to the scope, nature, and specific field of the project, Procuring Entity specifies matter deemed appropriate].

ITI 16

- The currency(ies) of the bid shall be:

 [the Investor may, subject to Employer’s requirements, indicate in its Bid up to three foreign currencies of their choice in accordance with conditions for use, for example:  VND, USD, EUR. VND shall prevail to be converted. If foreign currencies are allowed in the Bid, the Investor must demonstrate the works using foreign currencies attached to schedule of work items and equivalent foreign currency portion, provided that domestic costs shall be quoted in VND, costs incurred outside the Employer’s country related to the package shall be quoted in foreign currency(ies)].

ITI 17.3

- Value of the Bid Security ___ [insert amount and currency, between 0.5% - 1.5% of Total estimated investment/Total investment of the project1]

- The validity period of the Bid Security is ___days [insert number of days, which equals the validity period of the Bid prescribed in ITB Section 17.1 plus 30 days], from the deadline for submission of Bid.

ITI 17.5

The unsuccessful Investors shall be either returned or released the Bid Security within ___ days, from the date on which the notification of the Investor selection is approved [insert specific number, not exceeding 20 days]

ITI 18.1

Bid validity period is ___ days from the deadline for the submission of bids [insert specific number, not exceeding 320 days].

ITI 19.1

- The number of copies of the Technical Proposal is: ____[insert number].

- The number of copies of the Financial Proposal is: ____[insert number].

ITI 21.1

- The deadline for submission of bids is: [insert the deadline for the submission of bids, at least 60 days for national competitive bidding and 90 days for international competitive bidding, avoid insert the  deadline for submission of bids in the early hours of a working day so as not to restrict the investors to submit bids].

- Price of Bidding Documents: ____ [insert price, not exceeding VND 20,000,000 (twenty million) for national competitive bidding; not exceeding VND 30,000,000 (thirty million) for international competitive bidding].

ITI 25.3

Time limit for Clarification of Bids is: ____ days from the date on which the Procuring Entity send a document requiring the clarification.

 [The Procuring Entity shall specify the number of days enough for clarification of Bid].

ITI 30.1

Technical Proposal Opening time: _______[hour, minute] on____[date] at:

- House/Floor/Room number:

- Street:

- City:

 [insert date, time and place of Technical Proposal opening, provided that the Technical Proposal is opened within 01 hour from the deadline for submission of bids].

ITI 33.1

The errors shall be corrected on the following basis:

a) Arithmetical errors include errors due to incorrect addition, subtraction, multiplication and division when calculating value of State’s holding, or value of payment to State budget and other financial items.

b) Unit errors:

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

- Unit errors: replace “.” (stop) with “,”(comma) 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 Technical Proposal and Financial Proposal, the Technical Proposal shall prevail.

ITI 33.2

According to nature, scope, and sector of project, the Procuring Entity shall determine contents related to Procuring Entity’s Requirements and responsive deviation limit for adjustment.

ITI 41.1

- Performance Security: ___ [according to scope, nature, sector of project, Investor is required to provide a Performance Security in the form of guarantee issued by a bank or a credit institution lawfully operating in Vietnam or in the form of cheque deposit]  with the value of ___ [insert amount equivalent to 1% - 3% of total estimated investment/total investment2].

 [Bank guarantee issued by a bank or a credit institution lawfully operating in Vietnam must be an unconditional payment (payment upon request) (Form No. 13 Chapter VIII - Bidding Forms)].

- Validity period of Performance Security is: ___[According to scope, nature, and sector of the project, for example: Performance Security shall remain valid until the date on which the work is completed and accepted, or until the date on which conditions for guarantee for service provision are met in accordance with the contract].

- Deadline for returning Performance Security: The competent authority shall return Performance Security to the Investor right after or not later than ___ days from the date on which and the parties have fulfilled obligations as prescribed [insert deadline for return of Performance Security in accordance with scope, nature and field of the project].

ITI 42

Mailing address:

a) Address of the Procuring Entity: ____ [insert address, fax, phone number of Procuring Entity].

b) Address of Competent Person: ______ [insert address, fax, phone number of competent authority that sign the contract].

c) the Standing board of advisory council: ____ [insert address, fax, phone number].

ITI 45

Details of individuals, units participating in monitoring: ___ [insert complete name, address, telephone number, fax of the organization or individual in charge of monitoring the Investor selection progress which is assigned by the competent person (if any)].

 [if there is no requirement, clearly mark it “no requirement”]

Authorized representative
[Full name, position, signature and seal (if any)]

Authorizer
[Full name, position, signature and seal (if any)  of the legal representative]

No.

Name

Role

Owner’s equity

Amount

%

1

Party 1

 [Finance]

2

Party 2

 [Technique]

3

Party 3

 [Operation/Management]

…

Total

100%

Financial Data for Previous ___Years

No.

Description

Year 1

Year 2

Year __

1

Total Assets

2

Total Liabilities

3

Net Worth

4

Current Assets

5

Current Liabilities

6

Working Capital

7

Total Revenues

8

Profits Before Taxes

9

Profits After Taxes

Pending litigation

Choose one of two information below:

□ No pending litigation.

□ Description of pending litigation in which the Investor is a litigant (or each JV' Party is a litigant regarding JV).

Year

Matter in Dispute

Value of Pending Claim (in VND)

Value of Pending Claim as a Percentage of Net Worth

Name of Investor/JV's Party:

1

Contract number:                                                                                Signing date:

Role in project:

□ Independent Investor              □  Investor JV's Party

□ Project Manager               □  Building Contractor       □ Operator

Schedule:

□ Closing of construction

□ Closing of operation, business

□ Fulfillment of obligations in the project contract

Execution progress (to be used for the Contractor):

Holding rate in the Joint Venture (to be used for Joint Venture):

Mobilized owner’s equity:

Total investment:

Contract package/contract value (to be used for Contractor):

Type of contract:

Country:

2

Name of Procuring Entity/competent authority:

Address:

Contact person:

Phone number:

Fax:

Email:

3

Summary of similar characteristics of completed project and considered project:

4

- Summary of performed work:

- Value of performed work:

 (Value and currency) equivalent to ___VND

5

- Summary of non-performed work to be completed:

- Value of non-performed work to be completed:

 (Value and currency) equivalent to ___VND

6

 [If the Procuring Entity evaluate the work’s quality, Investor must declare the following:

- Its capacity for control of expenses in the completed projects:

- Its capacity for complying with the expected schedule of the completed projects:

- Its capacity for complying with technical standards of projects…]

7

Litigation Records:

8

Summary of special technical specifications/operation:

No.

Partner⁽²⁾

Country of operation

Role⁽³⁾

Legal representative

Contract or agreement with Partner⁽⁴⁾

1

Company 1

 [Financial support]

2

Company 2

 [Building contractor]

3

Company 3

 [Operation/Management Contractor]

…….

Financing source

Amount⁽¹⁾

I. Committed owner’s equity:

1.

2.

...

II. Borrowed capital to be mobilized:

1.

2.

….

No.

Type

Symbol

Area (m²)

1

 [specifying type of land

 [insert symbol]

 [insert area]

2

…

Total