Thông tư 01/2010/TT-BKH

CIRCULAR

DETAILING THE MAKING OF CONSTRUCTION AND INSTALLATION BIDDING DOSSIERS

THE MINISTRY OF PLANNING AND INVESTMENT

Pursuant to the November 29, 2005 Bidding Law No. 61/2005/QH11;

Pursuant to the June 19, 2009 Law Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment;

Pursuant to the Government's Decree No. 85/ 2009/ND-CP of October 15, 2009, guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law;

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

The Ministry of Planning and Investment details the making of construction and installation bidding dossiers as follows:

Article 1. Scope of regulation and subjects of application

1. Subjects of application are organizations and individuals in charge of making bidding dossiers for construction and installation bid packages under projects governed by the Bidding Law when applying the form of domestic and international open bidding and restricted bidding.

2. For construction and installation bid packages under ODA-funded projects, the model bidding dossier issued together with this Circular may be applied, amended or supplemented according to bidding regulations in treaties to which the Socialist Republic of Vietnam is a contracting party or international agreements which have been signed by competent agencies or organizations of the Socialist Republic of Vietnam, if donors so agree.

Article 2. Model construction and installation bidding dossier

The model construction and installation bidding dossier issued together with this Decision has the following principal contents:

Part I. Instructions for contractors

Chapter I. Requirements on bidding procedures

Chapter II. Bid data sheet

Chapter III. Evaluation criteria and determination of evaluation prices

Chapter IV. Bid forms

Part II. Requirements on construction and installation

Chapter V. Introduction on the project and bid package

Chapter VI. Forecasts

Chapter VII. Requirements on implementation progress

Chapter VIII. Technical requirements

Chapter IX. Drawings

Part III. Contractual requirements

Chapter X. General contractual terms

Chapter XI. Specific contractual terms

Chapter XII. Model contract

When applying this model dossier, organizations and individuals that make bidding dossiers shall base themselves on the size and characteristics of the bid package to set requirements on the principle of fair competition, equality, transparency and economic efficiency; refrain from imposing conditions to restrict the participation of contractors or create advantages for one or several contractors, thus causing unfair competition.

In this model dossier, italic words are for instructive and illustrative purposes which may specified by makers of bidding dossiers based on the size and characteristics of bid packages. If it is necessary to modify or add words printed in regular font, makers of bidding dossiers shall give written explanations and ensure compliance with the bidding law; investors shall take responsibility before law for those changes and additions.

Article 3. Organization of implementation

1. This Circular takes effect on March 1, 2010, and replaces the Planning and Investment Ministry's Circular No. 731/2008/QH-BKH of June 10,2008, providing the model construction and installation bidding dossier.

2. Ministries, ministerial-level agencies, government-attached agencies, central agencies, People's Committees at various levels and concerned organizations and individuals shall implement this Circular.

Ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People's Committees shall, within the ambit of their management, guide in detail some contents of this Circular (when necessary) while ensuring compliance with this Circular.

3. Ministries, ministerial-level agencies, government-attached agencies, other central agencies, People's Committees at various levels and concerned organizations and individuals should report problems to the Ministry of Planning and Investment for timely consideration and adjustment.-

The first part.

INSTRUCTIONS FOR CONTRACTORS

Chapter 1.

REQUIREMENTS ON BIDDING PROCEDURES

A. GENERAL

Section 1. Bidding content

1. The Bid solicitor invites contractors to participate in bidding of construction and installation bidding package under project stated at Bid data sheet.  Name of bidding package and content of major works shall be described in Bid data sheet.

2. Duration for contract performance shall be calculated from the effective day of contract until day of turning over implementation of warranty obligations (if any). Duration for contract performance shall be stated in Bid data sheet.

3. Capital sources for implementation of bidding package are stated in Bid data sheet.

Section 2. Conditions for participation in bidding of contractors

1. Having valid eligibility as prescribed in bid data sheet;

2. Only participating in one dossier of participation in bidding with status as independent contractor or partnership of contractors. In case of partnership, it must have written agreements between partners according to Form No.3 Chapter IV, in which clearly stating the head of the partnership, general duties and specific duties of each partner for jobs involving the bidding package;

3. Satisfying requirements of the bid solicitor stated in notification of bid invitation (case of open bidding), or letter of bid invitation (case of restricted bidding or open bidding with pre-qualification);

4. Ensuring the competition during bid as stated in Bid data sheet;

5. Not being prohibited participating in bid activity as prescribed in Article 12 of Bidding Law and Clause 3, Clause 21 Article 2 of the amending law.

Section 3. The validity of used supplies, machinery and equipment

1. All supplies, machinery and equipment put into construction and installation of works must have clear and lawful origin and observe requirements stated in Bid data sheet. Contractors must clarify origin of supplies, machinery and equipment; signs, codes, labels (if any) of products.

2. “Origin of supplies, machinery and equipment” shall be construed as country or territory area where producing all supplies, machinery and equipment or where performing stage of final and basic process for supplies, machinery and equipment in case of having many countries or territories participating in the process of manufacturing such supplies, machinery and equipment.

3. Contractors must provide for documents to prove the conformity (satisfaction) of supplies, machinery and equipment according to requirements stated in Bid data sheet.

Section 4. Costs for participation in bidding

Contractors shall cover all costs related to course of participation in bidding, from time of buying the bidding dossier to time of notifying the bidding result, particularly for the contractor winning bid, costs shall be calculated until signing contract.

Section 5. Bidding dossier and explanation to clarify bidding dossier

1. Bidding dossier includes contents listed at the table of content of this Bidding dossier. Contractors shall be responsible for checking, researching contents of bidding dossier to prepare Bid dossier.

2. If contractors wish to be explained, clarified Bidding dossier, they must send written request to the bid solicitor according to address and duration stated in Bid data sheet (contractors may conduct advance notice for the bid solicitor by fax, email…).   After receiving written request for clarifying Bidding dossier according to duration stated in bid data sheet, the bid solicitor will have written reply and send to all contractors bought Bidding dossier.

In necessary case, the bid solicitor will organize a front bid conference to discuss on contents in Bidding dossier which contractors do not sure. Content of discuss will be recorded in writing by the bid solicitor for clarifying Bidding dossier and sending it to all contractors bought Bidding dossier.

Section 6. Field survey

1. Contractors shall be responsible for field survey in serve of formulation of bid dossier. The bid solicitor shall facilitate and guide contractors in performing field survey as prescribed in Bid data sheet. Contractors shall cover cost for field survey in serve of formulation of bid dossier.

2. The bid solicitor shall not be accounted legal liability involving risks for contractors which arise from the field survey such as accidents, losses of assets and other risks.

Section 7. Amending bidding dossier

In necessary case of adjusting scope of construction and installation or other contents of requirements, the bid solicitor will amend bidding dossier (including extension of deadline for submitting Bid dossier as necessary) by sending written amendment of Bidding dossier to all contractors bought Bidding dossier before time of bid closure a fixed few dates as stated in Bid data sheet. This document is a part of bidding dossier.    Contractors must notify the bid solicitor about receipt of such amended documents by one of the following ways: directly sending document, via post, fax or e-mail.

B. PREPARATIONS FOR BIDDING DOSSIER

Section 8. Used languages

Bid dossier as well as all documents exchanged between the bid solicitor and contractors related to bid must be written in languages as prescribed in Bid data sheet.

Section 9. Content of Bid dossier

Bid dossier prepared by contractor must include the following contents:

1. Application for participation in bidding as prescribed at section 11 of this Chapter;

2. Bid price and price table as prescribed at section 14 of this Chapter;

3. Documents proving the eligibility, capability and experiences of contractor as prescribed at section 16 of this Chapter;

4. Documents proving the validity and conformity (satisfaction) of supplies, machinery and equipment put into construction and installation as prescribed at section 3 of this Chapter;

5. Bidding guarantee as prescribed at section 17 of this Chapter;

6. Technical proposals as prescribed at second part of this bidding dossier, including plan, measure of overall construction and measure of detailed construction of work items (including drawings and descriptions); diagram of construction organization, diagram of management organization, supervision of quality and labor safety of contractors and chart of implementation schedule of contract; chart of mobilizing major human resource, equipment, machinery and supplies, materials in serve of construction and other contents according to requirements of Bidding dossier.

7. Other contents as prescribed in Bid data sheet.

Section 10. Changing bidding participation status

When a contractor needs to change its bidding participation status (name) which is different from that it has registered at the time of purchasing the bidding dossier, it shall comply with provisions in Bid data sheet.

Section 11. Application of participation in bidding

Application of participation in bidding is prepared by contractor and filled fully according to Form No. 1 Chapter IV, with signature of lawful representative of contractor (representative at law of contractor or authorized person enclosed with a valid letter of authorization according to Form No. 2 Chapter IV). In case of authorization, contractor may enclose with documents, papers as prescribed in Bid data sheet to prove valid eligibility of the authorized person. For partnership of contractors, application of participation in bidding must signed by lawful representatives of each partner, unless in written partnership agreement has provided that partners agree for the head of the partnership to sign on behalf of partnership in application of participation in bidding. Case where each partner conducts authorization, it implements such as case of independent contractor.

Section 12. Proposal for the replacing technical plan in bid dossier

1. Except for case defined in bid data sheet, proposal for technical plan stated in bid dossier (new design plan) replacing the technical plan stated in bidding dossier shall not be considered.

2. When a contractor proposes the replacing technical plans, such contractor still must prepare bid dossier according to requirements of bidding dossier (principal plan). In addition to, contractor must supply all necessary information including construction drawings, bid price for the replacing plan in which classify the constituting costs, technical regulations, construction measures and other related contents of the replacing plan. The replacing plan shall only be considered for contractor with the lowest assessment price under plan specified in bidding dossier.

Section 13. Proposal for the construction measures in bid dossier  

Except for construction measures which must be observed compulsorily in bidding dossier, contractors may propose the construction measures for other work items in line with their capability and scale and nature of bidding package but they must ensure to satisfy technical requirements to finish construction and installation as designed.

Section 14. Bid price and price table

1. Bid price means price, stated by contractor, in application of participation in bidding of bid dossier after deducting rebate (if any). The bid price of a contractor must include all necessary costs to implement bidding package on the basis of requirements on construction and installation stated at second part of this bidding dossier.

2. Contractors must indicate unit price and sum for work items stated in bill of quantities according to Form No. 8A, 8B Chapter IV. Bid unit price must include elements stated in Bid data sheet.

In case where a contractor detects quantities not to be exact in comparison with design, such contractor may notify the bid solicitor and make a separate quotation for this wrong volume part for investor to consider. Contractor does not calculate this wrong volume part into the bid price.

3. If a contractor has a tender rebate letter, it may submit together with bid dossier or submit separately but it must ensure that the bid solicitor may receive before time of bid closure. If a tender rebate letter is submitted together with bid dossier, contractor must notify the bid solicitor before or at time of bid closure or must have table listing the documents in bid dossier including the tender rebate letter. In tender rebate letter, it needs clearly state the content and method of rebate in specific items stated in the bill of quantities. If method of rebate is not clearly stated, it is understood as uniform rebate according to the rate for all items stated in the bill of quantities.

4. If a bidding package is divided into many independent parts and allows bidding under each part as prescribed in Bid data sheet, contractors may bid for one or many parts of bidding package. Contractors need bid sufficient items in one or many parts of bidding package in which they participate.

5. If Bid data sheet require contractor to analyze the bid unit price, contractors must indicate sufficient appropriate information in table of analyzing the bid unit price (made according to Form No. 9A, 9B Chapter IV), table of material price calculation in bid unit price (made according to Form No. 10 Chapter IV.

Section 15. The bid currency

The bid price is offered by currency which is stated in Bid data sheet.

Section 16. Documents to prove valid eligibility, capability and experiences of contractors 

1. Documents to prove valid eligibility of contractors:

a) For independent contractors, they must supply documents to prove their valid eligibility as prescribed in Bid data sheet.

b) For partnerships of contractors, they must supply the following documents:

- Documents stated at point a this Clause for each member in partnership;

- Written partnership agreements between partners as prescribed at Clause 2 section 2 of this Chapter.

2. Documents to prove capability and experiences of contractors:

a) Capability of mobilizing machinery, equipment used in construction and listed according to Form No. 4 Chapter IV; declaration of the most important officers who administer construction at construction site according to Form No. 7A, 7B Chapter IV; contracts which are being performed and the similar contracts which have been performed by contractor listed according to form No. 11 and form No.12 chapter IV; summary of activities of contractor according to Form No.13 Chapter IV; financial capability of contractor listed according to Form No. 14 Chapter IV.  Capability and experiences of a partnership of contractors are total capability and experiences of partners on the basis of scope of jobs which each partner takes over, each partner must prove its capability and experiences as meeting requirements of Bidding dossier for part of jobs assigned to perform in partnership.

b) Other documents stated in Bid data sheet.

3. Use of foreign laborers shall be stated in Bid data sheet.[1]

Section 17. The bid guarantee

1. When participating in bid, the contractors must perform measures to ensure bid before time of bid closure as prescribed in Bid data sheet. In case of partnership, bid guarantee measures must be applied according to one of the following ways:

a) Each member in partnership shall provide separately bid guarantee but ensure total values not lower than the requirement level stated at Clause 1 section 17 Bid data sheet; if bid guarantee of a member in partnership is defined as invalid, the bid dossier of such partnership will be canceled under prerequisites.

b) Members in partnership may agree to let a partner to take responsibilities for implementation of bid guarantee measure for whole partnership. In this case, the bid guarantee may include name of partnership or name of partner responsible for providing bid guarantee for whole partnership but it must ensure total value not be lower than the requirement level stated at Clause 1 section 17 of Bid data sheet.

2. A bid guarantee shall be assumed as invalid if falling in one of the following cases: Having value lower than the prescribed level, not using the prescribed currency, term of validity is short, failing to submit under proper address (name and address of the bid solicitor) and in duration stated in bidding dossier, names of bidding package or contractor (for partnership of contractors shall comply with Clause 1 this section) are not correct, not being original and having no valid signature (for guarantee letter of bank, or financial organization).

3. Contractors failing to win bid will be refunded bid guarantee in time prescribed in bid data sheet. For contractor winning bid, the bid guarantee will be refunded after contractor provide contract performance guarantee.

4. Contractors will not be received bid guarantee in the following cases:

a) Withdrawing bid dossier after bid closure while bid dossier is still valid;

b) Within 30 days after receiving notice of recommendation as bid winner of the bid solicitor, contractor fail to perform or refuse for negotiation and completion of contract or contractor has negotiated and finalized contract but refuses the signing of contract without legitimate reason;

c) Failing to provide contract performance guarantee measures before signing contract or before contract comes into effect.

If one member in partnership has violation and lead to such contractor not to be received bid guarantee as prescribed at this Clause, all members in partnership shall be confiscated bid guarantee.

Section 18. Validity term of Bid dossier   

1. The validity term of Bid dossier is calculated from time of bid closure and must comply with provisions in Bid data sheet.  Bid dossier with the validity term shorter than provisions in Bid data sheet is invalid and rejected.

2. The bid solicitor may send document to request contractors for prolonging the validity term of Bid dossier once or many times, provided that total time of all durations of such request does not exceed 30 days, and request the contractors for prolonging respectively term of validity of bid guarantee.   If a contractor refuses extension, Bid dossier of this contractor will not be further considered and in this case, contractor will be received bid guarantee.

Section 19. Specifications of Bid dossier and signatures in Bid dossier 

1. Contractors must prepare an original and several copies of Bid dossier stated in Bid data sheet and clearly write “original” and “copy” respectively. Contractors must take responsibility for accuracy and conformity between copies and original. During evaluation, if the bid solicitor detects that any copy has technical errors such as blurred copy, unclear words, lack of page or other errors, content of original is used as basis. If copies have contents different from the original, depending on extent of differences, the bid solicitor will decide handling suitably, example in case where such differences are not fundamental, do not change nature of Bid dossier, such cases are considered as acceptable errors; but if differences change the basic content of Bid dossier in comparison with original, such cases are considered as fraudulence, such Bid dossier will be rejected, concurrently contractor will be handled as prescribed at section 39 of this Chapter.

2. Bid dossier must be typed, printed in indelible ink, marked number of pages under continuous order. Application of bidding participation, tender rebate letter (if any), the documents supplying and clarifying Bid dossier, price table and other forms in Chapter IV must be signed by lawful representative of contractor.

3. Letters inserted, erased or overridden on the typing documents only are valid upon having signature (of person signed on application of bidding participation) at beside and seal (if any).

C. SUBMISSION OF BID DOSSIER

Section 20. Sealing and method of writing on bag containing Bid dossier

1. Bid dossier includes contents stated at section 9 of this Chapter. Bid dossier must be contained in a bag sealed at outside face of bag (contractor may self-prescribe way of sealing). Way of information presentation on bag containing bid dossier is prescribed in Bid data sheet.

2. In case where bid dossier include many documents, contractor must package all documents for the convenience of receipt and preservation of bid dossier by the bid solicitor, assurance for the integrity of bid dossier and avoiding the lost. Contractor should pack all documents of bid dossier in a bag. If dossiers need be packaged into many bags in order to be easy for transport, on each bag must clearly write ordinal number of each bag on total bags in order to ensure the uniformity, and each bag must also be packed, sealed and noted in accordance with provisions at this section.

3. Contractors must be responsible for consequences or disadvantages if they fail to comply with provisions on Bidding dossier such as Bid dossier is not sealed, or the sealing of Bid dossier is lost during sending to the bid solicitor, information written on the bag of Bid dossier is not implemented in accordance with guides at Clause 1 and Clause 2 of this Section. The bid solicitor will not be responsible for the information confidentiality of Bid dossier if contractor fails to comply with instructions at Clause 1, Clause 2 of this section.

Section 21. Deadline to submit Bid dossier

1. Contractors may submit directly or send Bid dossiers to address of the bid solicitor, but it must ensure that the bid solicitor may receive dossiers before time of bid closure stated in Bid data sheet.

2. The bid solicitors may prolong deadline for submission of bid dossier (time of bid closure) if they need increase quantity of Bid dossiers or when they amend Bidding dossier according to section 7 of this Chapter or at the request of contractors upon the bid solicitors realize that such extension is necessary.

3. When prolonging deadline for submission of Bid dossier, the bid solicitor will notify in writing for contractors bought Bidding dossier, concurrently notice of extension of deadline for submission of bid dossier will be published on the Bidding Newspaper in at least 1 issue (including English for international bid) and on the bidding website (except for optional cases)¹ ; when notifying, the bid solicitor will clearly state new time of bid closure for contractors to have full time for amending or supplementing their submitted Bid dossiers (including the validity term of Bid dossier) at the new request.

Contractors submitted Bid dossier may get back so as to amend, supplement their Bid dossier.       If a contractor has not yet gotten back or fail to get back Bid dossier, the bid solicitor will manage such Bid dossier according to regime of managing “confidential” dossier.

Section 22. Bid dossier submitted later than the set deadline

Any documents, including tender rebate letter (if any) which are sent after time of bid closure are invalid, refused and refunded in intact (except for documents to clarify Bid dossier at the request of the bid solicitor specified at section 25 of this Chapter).

Section 23. Amending or withdrawing Bid dossier

When contractors wish to amend or withdraw the submitted Bid dossiers, they must have written request and the bid solicitor only accept for written requests already received before time of bid closure; written requests for amending, withdrawing Bid dossier must be sent separately with Bid dossier.  

D. OPENING BID AND EVALUATION OF BID DOSSIER

Section 24. Opening bid

1. The opening bid is conducted publicly right after the time of bid closure on the date and at the time and place indicated in Bid data sheet to the witness of all attendants, regardless of the presence or absence of the invited contractors.  The bid solicitor may invite representatives of concerned agencies to attend the bid opening.

2. The bid solicitor will open the bid dossier of each contractor named in list of buyers of Bidding dossier (including contractors changed status of participation in bidding) and submitted Bid dossier before time of bid closure, in turn according to their names in the alphabetical order. Bid dossiers of contractors that have written request for withdrawing the submitted bid dossier and bid dossiers of contractors that submitted after the bid closure will not be opened and will be refunded intact to such contractors.

3. The bid dossier of each contractor is opened according to the following process:

a) Checking the sealing of bid dossier;

b) Opening bid dossier;

c) Reading and writing in the minutes of principal information:

-  Contractor’s name;

- Quantity of originals, copies of bid dossier;

- The validity term of Bid dossier;

- The bid price stated in application for participation in bid;

- Rebate (if any);

- Value, term of validity and measures to ensure for participation in bid;

- Written request for amending the bid dossier (if any) as prescribed at section 23 of this Chapter;

- Other relevant information.

4. The minutes of bid opening must be signed for certification by representatives of the bid solicitor, of each presenting contractor, and concerned agencies attending the bid opening. All contractors submitted Bid dossier will be sent copy of the minutes of bid opening.

5. After opening bid dossier, the bid solicitor will sign for certification on each page of original of all bid dossier and manage according to regime of managing “confidential” dossier. Bid dossiers shall be evaluated through copies.

Section 25. Clarification of Bid dossier

1. In course of evaluation of bid dossier, the bid solicitor may request contractor to clarify content of Bid dossier (including clarification of abnormal unit price). In case where a bid dossier lacks such documents as business registration certificate, investment certificate, establishment decision, appropriate professional qualification certificate and other documents as required by the bidding dossier, the bid solicitor shall request contractors to supplement documents to prove their eligibility status, capability and experience without changing principal contents of submitted bid dossiers, without change of bid price.

2. Clarification of Bid dossier is performed by the bid solicitor and contractor that has bid dossier needs to be clarified and performed under form of direct discussion (the bid solicitor invites contractor for directly meeting, discussing, contents of questions and answers must be made in writing) or indirect discussion (the bid solicitor sends written request for clarification and contractor must reply in writing). In the written request for clarification, a deadline for clarification of contractor must be prescribed. Content of clarification of Bid dossier which is made in writing will be preserved by the bid solicitor as a part of Bid dossier. If passed deadline for clarification, the bid solicitor does not receive the written clarification or contractor provided a written clarification which fails to meet requirements of clarification of the bid solicitor, the bid solicitor will consider and handle in accordance with current law.

Section 26. Preliminary evaluation of the bid dossier

1. Checking the validity and sufficiency of the bid dossier, including:

a) The validity of application for participation in bidding as prescribed at section 11 of this Chapter;

b) The validity of written partnership agreements as prescribed at Clause 2 section 2 of this Chapter (if any);

c) The valid eligibility of contractor as prescribed at Clause 1 section 2 and Clause 1 section 16 of this Chapter;

d) Quantity of originals, copies of the bid dossier as prescribed at Clause 1 section 19 of this Chapter;

dd) The validity of bid guarantee as prescribed at section 17 of this Chapter;

e) Annexes and other documents enclosed with the bid dossier as stated in Bid data sheet.

2. Bid dossiers which fail to satisfy prerequisites prescribed in the Bid data sheet will be refused and Bid dossiers will not be further considered.

3. Evaluating capability and experiences of contractors according to criteria for evaluation on capability and experiences as prescribed at section 1 Chapter IIM.⁽¹⁾

Section 27. Evaluation on technical aspect

The bid solicitor shall evaluate the technical aspect of bid dossiers which passed preliminary evaluation on the basis of requirements of bidding dossier and evaluation criteria of bid dossier stated at section 2 chapter III. Bid dossiers which satisfy technical requirements, after being approved by investor, shall be determine the evaluation price. 

Section 28. Determination of evaluation price

The bid solicitor shall determine evaluation price of bid dossiers under the following process: Determining bid price; rectifying errors and adjusting discrepancies; converting bid price after rectifying errors and adjusting discrepancies to a general currency (if any); bringing expenses into a same ground for determining the evaluation price. In case of having a tender rebate letter, the bid solicitor shall rectify errors and adjust discrepancies on the basis of bid price not yet excluded the rebate value. In that case, determination of absolute value of arithmetical errors or discrepancies shall be calculated on the basis of bid price indicated in application. The evaluation prices shall be determined on the same ground of technical, financial, commercial elements and other elements to compare and rank bid dossiers. Elements to determine evaluation prices are stated at section 3 Chapter III.

Section 29. Correction of errors

1. Correction of errors means correction of errors in Bid dossier including arithmetical errors and other errors which is conducted in the following principles:

a) Arithmetical errors include errors due to inaccurate addition, subtraction, multiplication or division:

- When the unit price is inconsistent with the total sum, the unit price shall be used as a legal basis for error correction. In case the unit price is wrong while the quantity, volume and total sum are correct, the total sum shall be used as a legal basis for determination of the unit price;

- When the general price table is inconsistent with the detailed price table, the latter shall be used as a legal basis for error correction.

Arithmetical errors shall be calculated under total absolute value, not depend on increase or decrease of the bid price after correction of errors.

b) Other errors:

- When the total sum column is filled in without a corresponding unit price, the unit price shall be determined by dividing that total sum by the quantity;

- When the unit price is available but the total sum column is left blank, the total sum shall be determined by multiplying the quantity by the unit price;

- For a specific item, when both unit price and total sum are available but the quantity column is left blank, that quantity shall be determined by dividing the total sum by the unit price of that item. If the quantity which is determined additionally as mentioned above is different from quantity stated in bidding dossier, it shall be considered as error regarding supply scope and may be adjusted as prescribed at Clause 1 section 30 of this Chapter;

- Decimal errors: use of comma "," instead of full stop "." or vice versa are corrected appropriately according to the Vietnamese writing style;

- In case of disparity between contents involved in technical proposals and those in financial proposals, the former will serve as a legal ground for error correction;

- In case of disparity between numerals and letters, letters will serve as a legal ground for error correction.  If letters are incorrect, numerals will serve as a legal ground for correction of arithmetical errors (if any) under Point a of this Clause.

- In case of disparity between price stated in application of participation in bid (exclusive of rebate) and price in sum price table, it shall base on price stated in sum price table after the errors have been rectified and discrepancies have been adjusted according to the detailed price table.  

2. After correction of errors in the above principles, the bid solicitor shall notify in writing concerned contractors thereof. These contractors shall notify in writing the bid solicitor of their acceptance of the error correction as mentioned above. If they refuse to accept the error correction, their bids shall be rejected. In case where a bid dossier has arithmetical errors in comparison with the total absolute value more than 10% of bid price, such dossier will also be refused. Arithmetical errors shall be calculated under total absolute value, not depend on increase or decrease of the bid price after correction of errors.

Section 30. Adjustment of flaws

1. Adjustment of flaws means adjustment of lack or surplus contents in bid dossier in comparison with requirements of bidding dossier. Adjustment of flaws will be conducted as follows:

In case of disparities regarding supply scope, the lack part shall be added; the surplus part shall be deducted in the principle if it cannot be split from the bid price of contractor conducting correction of errors, the highest bid price level of this content (in lack case) and the lowest bid price level (in surplus case) among other bid dossiers passed the step of technical evaluation shall be used. In case where only one sole contractor passes step of technical evaluation, conducting correction of errors on the basis of using the price level of this contractor (if any) or in estimate.

2. Bid dossiers with the total absolute value more than 10% of bid price will be refused. Value of disparities shall be calculated under total absolute value, regardless of increase or decrease of bid price after the errors have been rectified.

Section 31. Converting into a general currency

In case where contractors are allowed offering quotation in various currencies as prescribed at section 15 of this Chapter, in order to have basis for evaluation and comparison of bid dossiers, the bid solicitor may convert the bid price to a same currency by basing on the exchange rate between Vietnam dong and foreign currencies as prescribed in Bid data sheet.

Section 32. Contact with the bid solicitor

Except for case of requesting for clarification of bid dossier as prescribed at section 25 this Chapter, negotiation of contract (for complex bidding package of construction and installation, if any), completion of contract, no contractor is permitted to contact with the bid solicitor about matters related to Bids as well as matters related to bidding package during term from bid opening until notice of the bid result is issued.  

E. WINNING BID 

Section 33. Conditions to be considered for bid-winning proposal

A contractor will be considered for bid-winning proposal when meeting full the following conditions:

1. Having a valid Bid dossier;

2. Being evaluated as satisfying requirements on capability and experiences as prescribed at section 1 Chapter III;

3. Having the technical proposal which is evaluated as meeting requirement specified at section 2 of Chapter III;

4. Having the lowest evaluation price as prescribed at section 3 of Chapter III;

5. Having the proposed bid-winning price not exceeding the approved bidding package price.

Section 34. Rights of the bid solicitor to propose for acceptance, refusal of bid dossier or cancellation of bidding 

The bid solicitor has right to propose for acceptance, refusal of bid dossier or cancellation of bidding on the basis of complying with the Amended Bidding Law and documents guiding implementation.

Section 35. Notification of the bidding result

1. As soon as having decision on approving the bidding result, the bid solicitor will send written notice of the bidding result to contractors participated in bid (including contractor winning bid and contractors not winning bid). In notice of the bidding result, the bid solicitor will not explain reason for contractors not winning bid.

2. The bid solicitor will send notice of winning bid in writing to contractor winning bid enclosed with draft of contract made according to the Form No.16 Chapter XII which have been filled with specific information of bidding package and plan on negotiation and completion of contract, clearly stating time, location and matters need be discussed upon negotiating and finalizing contract.

Section 36. Negotiation, finalization and conclusion of contract

Negotiation, finalization of contract and conclusion into a contract shall be conducted as follows:

1. Negotiation and finalization of contract for conclusion into a contract shall be conducted on the basis as follows:

- The bidding result already approved;

- Draft of contract made according to Form No. 16 Chapter XII which has been filled fully specific information of bidding package;

- Requirements stated in bidding dossier;

- Contents stated in Bid dossier and documents of explaining, clarifying Bid dossier of the winning contractor (if any);

- Contents which need be negotiated and completed in contract by the bid solicitor and the winning contractor.

2. After receiving notice of winning bid, in time limit specified at Bid data sheet, the winning contractor must send to the bid solicitor a written acceptance to enter into negotiation and finalization of contract.   Passing the time limit as mentioned above, if the bid solicitor fails to receive the written acceptance or the contractor refuses to enter into negotiation and finalization of contract, the bid guarantee of this contractor shall be handled as prescribed at Clause 4 section 14 of this Chapter. And the bid solicitor will report to the investor for consideration and decision on cancellation of the previous bidding result and decision on selecting the next-ranking contractor for winning bid with the aim to have legal basis to invite for negotiation and finalization of contract.

In such case, the bid solicitor will request the contractor for extension of validity of Bid dossier and bid guarantee, if necessary.

3. Content of negotiation and finalization of contract includes shortcomings, uncompleted matters, details of general contents, specially the application of price for discrepancies in bid dossier.  The negotiation and completion of contract also include consideration of inventions, technical solutions, plans of replacement or supplementation being  proposed by contractor (if any), work volume in bill of quantities for bid invitation which have not yet been exact in comparison with design already detected by contractor, proposed in bid dossier or being detected by the bid solicitor after issuing bidding dossier and application of prices for the lack work part which is not included in the bill of quantities in comparison with design.

4. After reaching result of negotiation and finalization of contract, investor and contractor shall sign a contract. In case of partnership, contract must have signature of all members in partnership.

Section 37. Contract performance guarantee

The bid-winning contractor must provide a contract performance guarantee as prescribed at Article 3 Chapter X in order to ensure its obligations and duties in contract performance.

Contractor will not be received contract performance guarantee if it refuses contract performance after contract comes into effect.

Section 38. Petitions in bidding

1. Contractors participating in bid have right to make petitions about the bidding result and concerned matters during the bid when their rights and benefits are affected.

2. Petitions about matters during the bid, excluded the bidding result, will be settled as follows:

a) The contractors make petitions in writing for duration from occurring event and before notice of the bidding result has been issued;

b) Petitions must be sent to the bid solicitor first of all according to name and address stated in Bid data sheet.  The bid solicitor shall settle petitions in writing within 5 working days maximally after receiving petitions;

c) If the bid solicitor fails to settle or the contractors do not agree with settlement of the bid solicitor, the contractors have right to send petitions to the investor according to name, address stated in Bid data sheet for consideration and settlement. The investor shall settle petitions in writing within 7 working days maximally after receiving petitions;

d) If the investor fails to settle or the contractors do not agree with settlement of the investor, the contractors have right to send petitions to the competent persons according to name, address stated in Bid data sheet for consideration and settlement. The competent persons shall settle petitions in writing within 10 working days maximally after receiving petitions.

3. Petitions about the bidding result will be settled as follows:

a) The contractors make petitions in writing for a maximum duration of 10 days after notice of the bidding result is issued;

b) According to the order specified at point b and point c Clause 2 of this section;

c) If the investor fails to settle or the contractors do not agree with settlement of the investor, the contractors have right to send petitions to the competent persons, and president of the Advisory Council for petition settlement, for consideration and settlement.

Contractor must pay a cost of 0.01% tender price but VND 2,000,000 minimally and VND 50,000,000 maximally for the standing division assisting for the Advisory Council stated in Bid data sheet.  In case contractor’s petitions are concluded right, the cost paid by contractor will be refunded by individuals and organizations with related responsibilities.

d) The Advisory Council must send report on working result to the competent persons within 20 days after receiving petitions. Within 5 working days, after receiving report on the working result of the Advisory Council, the competent persons must issue a decision on settlement of contractor’s petitions.

4. After having petitions, contractors have right to sue at Court. If contractors select way of not initiating lawsuits at Court, they may make petitions as prescribed at Clauses 1, 2 and 3 of this section.

Section 39. Handling of violations in bidding

1. Contractors that commit acts in violation of the bidding law shall, depending on the severity of their violations, be sanctioned under provisions of the Bidding Law, the Amending Law; Decree 85/CP and other concerned legislation.

2. Decision on handling of violation must be sent to the handled organizations and individuals and concerned agencies and organizations, and sent to the Ministry of Planning and Investment for publishing on the bidding newspaper and bidding website for monitoring, summing up and handling under law.

3. Decision on handling violations issued in any localities or branches are effective for enforcement nationwide and in all branches.

4. Contractors handled violations of the bidding law may initiate lawsuits at a court against such decisions.

Chapter 2.

BID DATA SHEET

Bid data sheet includes details of bidding package under some items respectively in Chapter I (Requirements on bid procedures). If having any difference in comparison with contents corresponding to Chapter I, pursuant to contents in this Chapter.

Chapter 3.

CRITERIA FOR EVALUATION AND CONTENT OF EVALUATION PRICE DETERMINATION

This Chapter includes criteria for evaluation on capability and experiences of contractors (case of not applying pre-qualification), criteria for evaluation on technical aspect, content of evaluation price determination. If a contractor has performed pre-qualification, the bid solicitor need require that contractor to affirm information on capability and experiences which contractor declared in dossier of participation in pre-qualification.

Criteria for evaluation and content of evaluation price determination below just are regulation with guidance nature. When preparing this content, based on nature of bidding package, stipulating as appropriate. In case of allowing contractor to bid a replacing plan, it must clarify criteria, method of evaluating bid dossier as the basis for evaluation of bid dossier.

Evaluation criteria of bid dossier must publicize in bidding dossier. During evaluation of bid dossier must observe Evaluation criteria of bid dossier stated in bidding dossier, not modifying, supplementing any content.

Section 1. Evaluation criteria of bid dossier on capability and experiences of contractor ⁽¹⁾

Evaluation criteria of bid dossier on capability and experiences of contractor are used criterion of “pass” or “fail". A contractor must “pass” 3 contents stated at points 1, 2 and 3 in the below table to be evaluated as satisfying requirements on capability and experiences. Points 1, 2 and 3 are only evaluated as “pass” when all detailed contents in each point are evaluated as “pass”.

Evaluation criteria of bid dossier on capability and experiences of contractor include the following basic contents:

Note:

 (1) Only apply this item for bidding package not conducting pre-qualification.

 (2) Based on requirements of bidding package, detailing experiences and capability of contractor as appropriate.

 (3), (4) Based on scale and nature of bidding package and real conditions of sectors and localities to stipulate as appropriate. Normally, between 3 years and 5 years.

 (5) Based on scale and nature of bidding package and real conditions of sectors and localities to stipulate as appropriate. Normally, between 1 and 3 similar contracts. For partnership of contractors, experiences of partnership shall be calculated as total experiences of partners, however experiences of every partner are only considered within work which every partner take over in partnership.

Similar construction and installation contract means contract in which the construction and installation has nature similar to the considered bidding package, including:

- Similar nature and complexity: Having a same category and works level equivalent or higher the works level required for this bidding package as prescribed by law on construction. For typical works, it may only require contractor to have construction contract with nature and complexity similar to main works items of bidding package.

- Similar work scale: Having value of construction and installation equal to or more than 70% of value of construction and installation of the considered bidding package.

For typical works or works in localities where capability of contractors is still limited, it may require value of contractual construction and installation work to fall in between 50% and 70% of value of construction and installation work part of the considered bidding package, concurrently it must require contractor to ensure to have construction contract with nature and complexity similar to main works items of bidding package.

Based on scale and nature of bidding package, it may have similar requirements on conditions at field.

 (6) Based to scale and nature of bidding package, it may stipulate key officers such as the commander of works, manager in charge of construction engineering, and manager in charge of designing construction drawings, manager of construction team. Requirements involving key officer positions must abide by legislation on construction.

 (7) Requirements on principal construction equipment shall be defined under scope and nature of the construction work in bidding package. Based on characteristics of bidding package, the principal construction equipment may include equipment for soil work (excavators, bulldozers and tamping machine), equipment for work of foundation (soil stabilization machine, piling and underpinning), equipment of transport (trucks, dumper truck), equipment of lifting (crane, hoist), locator device, measurement device (theodolite, cross level), equipment for the work of reinforced concrete (formwork, cutting and bending steel bar, concrete mixing, transportation, concrete pump, concrete vibrator), scaffolding, welding machines, pumps, standby generators….   For each equipment kind, it must state the requirements on techniques and quantity. The construction equipment must be possessed by contractor or may be rented but contractor must prove the ability of equipment gathering in order to satisfy requirements on bidding package.

 (8) For requirements on revenue:

- Duration required normally shall be 3 years. In some cases, it may stipulate 1-2 years in order to encourage the participation of contractors just been established.

- The way of normal calculation on the requirement on annual average revenue:

a. The minimum requirement on annual average revenue is equal

 (Bidding package price/ duration of contract performance based on year) x k;

Normally it may require coefficient k in this formula to be between 1.5 and 2.

b. Case where duration of contract performance is less than 1 year, revenue shall be calculated as follows

The minimum requirement on annual average revenue is equal bidding package price x k

Normally it may require coefficient k in this formula to be 1.5.

c. For case of partnership of contractors, evaluation of revenue criterion of each partner shall be based on value and volume which each partner take over.

 (9) For requirement on financial situation

It may stipulate some criteria to evaluate the financial situation of contractor with the calculation specified as follows:

a) Based on scale and nature of bidding package, it may require contractor to operate without losses for between 1 and 3 years during period required for report on financial situation.

b. Coefficient of ability to pay short-term debts to show that the ability to satisfy short-term debts of enterprise is high or low. Short-term debts mean dents which an enterprise must pay within one year or one business cycle. This coefficient is calculated with formula:

Coefficient of ability to pay short-term debts = short-term assets / total short-term debts

When evaluating, only evaluating (b) coefficient of ability to pay short-term debts of the last year in the recent financial years at the request of bidding dossier.

Requirement on coefficient of ability to pay short-term debts must be stipulated > 1.

If an enterprise has no payable short-term debt, that enterprise shall be assumed as satisfying the requirement on financial situation for criterion involving coefficient of ability to pay short-term debts.

c. Net value (equity) which is used to realize the business situation of an enterprise is calculated by formula:

Net value = total assets – total payable debts

Normally the minimum level of net value must be positive

 (10) Other requirement which the investor consider it is necessary to ensure ability to perform bidding package.

Section 2. Criteria for evaluation on technical aspect

Based on scale and nature of bidding package, it may apply measure of scoring or measure of evaluation under criteria of “pass” or “fail”.

2.1. Evaluation criteria of bid dossier under measure of scoring¹

Based on nature of bidding package, it may stipulate the minimum point level required for some general standard (if it is necessary). The required minimum point level is not less than 70% of total points. For bidding package with high technical requirement, this level is not less than 80%. Bid dossier with total points (as well as point number of each content, if being required) equal to or exceeding the required minimum point level will be evaluated as satisfying requirements on technical aspect and be continued to determine the evaluation price.

Example on evaluation criteria of bid dossier on technical aspect under method of scoring is stated in example 1, Appendix 2 of this form of bidding dossiers.

2.2. Evaluation criteria of bid dossier according to the criterion of “pass”, “fail”

Based on nature of bidding package to determine the extent of requirement for each content group. For contents of basic requirement, just use criteria of “pass”, or “fail”. For contents of non-basic requirement, apart from criterion of “pass”, or “fail”, may apply criterion of “accepted” but not exceeding 30% of total contents required in Evaluation criteria of bid dossier.

A bid dossier shall be evaluated as satisfying requirements on technical aspect when all contents of basic requirements are evaluated as "pass", contents of non-basic requirements are evaluated as "pass" or “accepted”.

Example on evaluation criteria of bid dossier on technical aspect under criterion of “pass” or “fail” is stated in example 2, Appendix 2 of this form of bidding dossiers.

Section 3. CONTENT OF DETERMINATION OF EVALUATION PRICE

Based on nature of each bidding package, it may stipulate elements to determine the evaluation price under the below table as appropriate.

Note:

 (1) Elements at this Clause must be converted into amount so as to determine the evaluation price and must state clearly way to calculate pursuant to technical conditions able to calculate and quantify the economic and technical elements. Based on nature of bidding package, it may select elements to bring into a ground as appropriate. In case of having no necessary element to bring into a ground, it may clearly write that the evaluation price shall be the bid price after the errors have been rectified and discrepancies have been adjusted and minus rebate value (In case of having no necessary element to bring into a ground, it may clearly write that the evaluation price shall be the bid price after the errors have been rectified and discrepancies have been adjusted and minus rebate value (if any).

Chapter 4.

BIDDING FORMS

Form No 1

APPLICATION OF PARTICIPATION IN BIDDING

……, date……….month……. year……….

Respectfully to: ____________ [Indicating name of the bid solicitor]

 (Hereinafter referred to as the bid solicitor)

After researching the bidding dossier and amendments to bidding dossier No. ____[stating the number of the amending documents, if any] which we have received, we , _____ [stating name of contractor], hereby commit to perform the bidding package ________[stating the name of bidding package] in accordance with requirements of bidding dossier with total amounts of _______[stating value in numbers, letters and bid currency]⁽¹⁾ together the enclosed price table. Duration of contract performance shall be _______[stating duration to perform all works at the request of bidding package].

If our bid dossier is accepted, we shall perform the contract performance guarantee measure as prescribed at section 37 Chapter I and Article 3 General conditions of contract in bidding dossier.

This bid dossier comes into effect in duration of ________days, from ___ o’clock, date ____ month ____ year [stating the time of bid closure].

Note:

 (1) If bidding dossier allows bidding with various currencies, contractor needs clearly state the value in number and letter of each currency offered by contractor.

 (2) If representative at law of contractor authorizes his inferior to sign on application of bid participation, it must enclose Power of attorney according to form No.2 of this Chapter; if charter of company or other documents involving the assignment of duty for inferior to sign on application of bid participation, it must enclose these documents (it not required to make a Power of attorney according to form No.2 of this Chapter). If contractor win bid, before signing contract, contractor must submit to investor the authenticated copies of these documents. If detecting that information in initial declaration is not exact, contractor shall be considered as violated clause 2 Article 12 of Bidding Law and shall be handled as prescribed at section 39 Chapter I of this bidding dossier.

 (3) In case where foreign contractor has no seal, it must provide a confirmation of competent organization stating that signatures in application of bid participation and in other documents of bid dossier are signature of its lawful representative.

Form No 2

POWER OF ATTORNEY ⁽¹⁾

Today, date……….month……. year………., at………….

I am _________[stating name, ID card number or passport number, position of lawful representative of contractor], acting as lawful representative of _________[stating name of contractor] located at __________[stating address of contractor] by this document, I authorize for ___[stating name, ID card number or passport number title of the authorized person] to perform the following contents during bid participation in bidding package_____[stating name of bidding package] of project ___[stating name of project] which is held by ____[stating name of the bid solicitor]:

 [- Sign on application of bid participation;

- Sign on documents to transact with the bid solicitor during bid participation, including written request for clarifying the bidding dossier and documents providing explanations and clarifying bid dossier;

- Participate in negotiation and finalization of contract;

- Sign on written petitions in case where contractor has petitions;

- Sign contract with investor if contractor is selected.]⁽²⁾

The authorized person mentioned above shall only perform affairs within the authorized scope with status as lawful representative of ____[stating name of contractor]. ____[stating name of contractor] shall take whole responsibilities for affairs conducted by ___[stating name of the authorized person] within the authorized scope.

The written authorization shall take effect from ________to_______⁽³⁾. This written authorization is made into _____ copies with the same valid, the authorizing person keep ________copy (ies), the authorized person keeps ________copy (ies).

Note:

 (1) Case of authorization, the original of written authorization must be sent to the bid solicitor together with bid application as prescribed at section 11 Chapter 1. The authorization of the representative at law of contractor for his deputies, inferior officers, director of branch, head of representative offices of contractor to act on behalf of the representative at law of contractor to perform one or contents of affairs mentioned above. The seal used in case of authorization may be the seal of the Bidder or of unit by which relevant individual is delegated. The authorized person does not further authorize for other person

 (2) The scope of authorization shall be inclusive of one or more tasks as mentioned above.

 (3) To specify effective date and expiration date of the power of attorney in line with the bidding process

Form No 3

PARTNERSHIP AGREEMENT ⁽¹⁾

……, date……….month……. year……….

Bidding package: ____________ [Stating name of the bidding package]

Of Project: ____________ [Stating project name]

Pursuant to ⁽²⁾____________[Bidding Law No. 61/2005/QH11] dated 29/11/2005 of National Assembly];

Pursuant to ⁽²⁾ ________[Law amending and supplementing a number of articles of laws regarding capital construction investment No. 38/2009/QH12 dated June 19, 2009 ];

Pursuant to ⁽²⁾ _______ [Government’s Decree No. 85/2009/ND-CP dated 15/10/2009, on guiding implementation of Bidding law and selection of contractor under Construction Law];

Pursuant to bidding dossier of bidding package __________[stating name of bidding package] date _____ month ____ year ___[according to date stated in bidding dossier]

We, representatives of parties entered into this partnership agreement, are:

Name of partner _____[Stating name of each partner]

Represented by Mr/Mrs ______________________________________________

Position: __________________________________________________________

Address: __________________________________________________________

Telephone: ________________________________________________________

Facsimile:_________________________________________________________

Email: ____________________________________________________________

Account: __________________________________________________________

Tax Code: _________________________________________________________

The power of attorney No. ____date _____month ______year ____(in case of authorization).

The parties (hereinafter referred to as partners) agreed to enter into the partnership agreement with the following contents

Article 1. General principles

1. Partners are voluntary to form a partnership to participate in Bid of bidding package _____[stating  name of bidding package] of the project _____[stating name of the project].].

2. Partners consent to the name of the partnership for all transactions related to this bidding package as: _____[Stating name of partnership as agreed].

3. Partners commit not to independently participate in or combine with other partners to participate in this bidding package.

In case of winning bid, no partner is entitled to refuse to implement responsibilities and obligations prescribed in contract unless there is written consent of partners. If any partner refuses to fulfill its responsibilities as agreed, such partner shall be handled as follows:

- To indemnify damages for other partners

- To compensate the project owner for damages as stipulated in the contract

- Other handling forms ______[stating the other handling form].

Article 2. Assignment of responsibility

Partners unify in assignment of responsibilities so as to perform bidding package _______[stating name of bidding package] of the project _____[stating name of the project] applicable to each partner as follows:

1. The head of the partnership

Partners agree to authorize _____ [stating name of a partner] to act as the head of the partnership that represents the partnership in following work parts: ⁽¹⁾

 [- Sign on application of bid participation;

- Sign on documents to transact with the bid solicitor during bid participation, including written request for clarifying the bidding dossier and documents providing explanations and clarifying bid dossier;

-  Participate in negotiation and finalization of contract;

- Sign on written petitions in case where contractor has petitions;

- Other works other than to sign contracts _____[stating contents of such other works (if any)].

2. Partners ____[specifying details of works and respective values, general responsibilities, responsibilities of each partner, including the head of partnership and if possible, specifying the percentage of respective values]

Article 3. Validity of the partnership agreement

1. The partnership agreement shall be in full force from the date of its signing.

2. The joint venture agreement shall cease to be effective in following cases:

- Parties fulfill their responsibilities and obligations and liquidate the contract;

- Parties consent to termination;

- The partnership of contractors does not win bid;

- The bidding of the bidding package ____[stating name of the bidding package] of the project ____[stating name of the project] is canceled under a notice of the bid solicitor.

The partnership agreement shall be made in _____copies, each partner keeps _______copy (ies), these copies have the same legal value.

LAWFUL REPRESENTATIVE OF THE HEAD OF PARTNERSHIP

[name, position, signature and seal]

LAWFUL REPRESENTATIVE OF THE PARTNERS

[name, position, signature and seal of each partner]

Form No 11

CONTRACTS WHICH ARE BEING PERFORMED BY CONTRACTOR

……, date……….month……. year……….

Name of contractor: ____________ [Indicating full name of contractor]

Contractor must enclose copies of documents, papers related to those contracts (confirmed by investors about contracts which are being performed according to concerned contents in the above table…)

Note: In case of partnership, each partner shall declare according to this Form

Form No 12

SIMILAR CONTRACTS WHICH HAVE BEEN PERFORMED BY CONTRACTOR ⁽¹⁾

……, date……….month……. year……….

Name of contractor: ____________ [Indicating full name of contractor]

Information of each contract, each contract must ensure the following information:

Contractor must enclose copies of documents, papers related to those contracts (confirmed by investors about contracts which are being performed according to concerned contents in the above table…)

Note:

 (1) In case of partnership, each partner shall declare according to this Form. Contractor shall declare according to this Form for each similar contract which was performed or is being performed by contractor.

 (2) Contractor is required to only declare the content similar to requirements of bidding package.

Form No 13

SUMMARY OF CONTRACTOR’S OPERATION

……, date……….month……. year……….

1. Name of contractor: _________________________________

Address: _________________________________________

2. Total experience years in construction operation: …………..

Total experience years in same field of construction operation for this bidding package: ____________________________________________

3. Total existing laborers:

a) In general operation of enterprise: _________________

b) In field of construction and installation: _________________________________

In which, professional officers: _____________________________

Form No 14

FINANCIAL CAPABILITY DECLARATION OF CONTRACTOR

……, date……….month……. year……….

Name of contractor: ____________ [Indicating full name of contractor]

A. Summary of financial data in _____ the recent financial year [indicating number of years as prescribed At Clause 3 section 1 Chapter III]

Calculation unit ____________ [Stating currency type]  

B. Enclosed documents aiming to compare with figures declared by contractor, contractor shall submit financial statements and authenticated copies of one of the following documents:

1. Minutes on checking tax finalization in ___ recent financial years [stating number of years as prescribed at Clause 3 Section 1 Chapter III];

2. Declaration of tax self-finalization (VAT and EIT) confirmed by tax agencies about time of submission of declaration in _____ the recent financial years [stating number of years as prescribed at Clause 3 section 1 Chapter III];

3. Written confirmation of tax administration agencies (to confirm the amount paid whole year) about implementation of obligation of tax payment in _____ the recent financial years [stating number of years as prescribed at Clause 3 section 1 Chapter III];

4. Audit report.

Note: In case of partnership, each partner shall declare according to this Form.

Second part

REQUIREMENTS ON CONSTRUCTION AND INSTALLATION

Chapter 5.

INTRODUCTION OF PROJECT AND BIDDING PACKAGE

This Chapter introduces general information of project and bidding package such as place where project is carried out, scale of project, duration of bidding package performance and other necessary information.

1. Introduction of project

a) Project:

- Project name

- Investor

- Capital sources

- Decision on investment

- Decision on approving the bidding plan

b) Construction location

- Location

- Ground actual status: the existing floated and underground works

- The existing technical infrastructure used for location: Water supply, drainage, power supply, roads…

c) Construction scale

- Works type and function

- Scale and other characteristics

2. Introduction of bidding package

a) Scope of works of bidding package

b) Completion duration

Chapter 6.

BILL OF QUANTITIES

This Chapter list volume of works which contractor must perform as the basis for contractor to calculate the bid price.

In case where a contractor detects quantities not to be exact in comparison with design, such contractor may notify the bid solicitor and make a separate table for this wrong volume for investor to consider. Contractor does not calculate this wrong volume part into the bid price.

Example to illustrate Bill of quantities is stated in example 3, Appendix 2 of this form of bidding dossiers.

Note:

1. Do not take all list of works in estimated design to constitute bill of quantities, it should be simplified, make a list under criteria which need be controlled, supervised and conducted pre-acceptance test. For volumes related to construction measure which contractor may proactively improve with the aim to increase productivity, efficiency, it is not required to state in details.

2. Work list and volume must be consistent with the principle of payment in the future (lump-sum, pre-acceptance test under drawings of construction, reality,…)

3. The similar works or in process of continuous construction to form product of construction and installation should be structured for contractors to bid under form of summed price unit.

4. When prepare the bill of quantities for big bidding package, it should divide into groups of similar works, such as the work of preparation, the work of soil and rock, underground work, concrete work, steel-structure work…

Example: for concreting, it often makes separate estimates of mortar part, measure of concreting for bridge, manual or pumping measure, the formwork but the bill of quantities should only state into an item of concrete. In this case, in the note column may state: “illustrating at item … in chapter VIII – Requirements on technical aspect” or “Work scope includes all mortar expense, measures of building, formwork expense to finish product according to technical requirements”.

Chapter 7.

REQUIREMENTS ON SCHEDULE OF PERFORMANCE

This Chapter stipulates the requirement on durations from commencement until finishing contract under day/week/month.

In case where apart from requirements on deadline for finishing entire works, it has requirement on schedule of finishing for each the works item, it must make a requirement table of performance schedule.

Chapter 8.

REQUIREMENTS ON TECHNICAL ASPECT

All requirements on technical aspect must be prepared on the basis of investment decision enclosed with documents in serve as basis of investment decision, bid plan, design dossier and enclosed guidance documents, legislations on bidding.

Requirements on technical aspect include the following principal contents:

1. Processes, regulations applicable to the construction, pre-acceptance test of the works

2. Requirements on technical organization in construction and supervision;

3. Requirements on categories, quality of supplies, machinery, equipment (enclosed with standards on test method);

4. Requirements on processes of construction and installation

5. Requirements on test operation, safety;

6. Requirements on fire and explosion prevention (if any);

7. Requirements on environmental hygiene;

8. Requirements on labor safety;

9. Measures to concentrate human force and equipment in service of construction;

10. Requirements on measures to organize overall construction and the works items;

11. Requirements on system of checking, supervising quality of contractor;

12. Other requirements based on scale and nature of bidding package.

In requirements on technical aspect, it does not give out conditions aiming to limit the participation of contractor or to facilitate for one or several contractor causing the unequal competition, concurrently not give out requirements which are so high that lead to the increase of bid price, not give out requirements on specific label and origin of supplies, machinery and equipment

In special necessary cases, if it must state label, catalogues of a producers or  supplies, machinery, equipment from a country or a territory for reference, illustration to requirements on technical aspect of supplies, machinery, equipment, it must write together with phrases “or equivalent product” after label, catalogues or origin set out and must stipulate clearly the define of equivalent product means product with similar technical characteristics, use features equivalent to supplies, machinery, equipment mentioned so as to not orient for any product or a contractor.

For specific technical requirements, it may describe under form of tables such as example to illustrate requirements on construction materials and construction rules stated at example 4 and example 5, appendix 2 of this Form of bidding dossier.

Chapter 9.

DRAWINGS

This Chapter lists drawings ⁽¹⁾

Note: 

 (1) Investor shall, based on law on construction, set out list of drawings as appropriate.

The third part

CONTRACTUAL REQUIREMENTS

Chapter 10.

GENERAL CONDITIONS OF CONTRACT

A. GENERAL

Article 1. Interpretation of terms

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

1. “Contract” is an agreement between investor and contractor, in writing, signed by two parties, including appendices and enclosed documents.

2. “Contract price” means total amounts which investor has agreed with contractor under contract.

3. “Investor” means organization stated in specific conditions of contract

4. “Contractor” means contractor won bid (independent or partnership) stated in specific conditions of contract

5. “Sub-contractor” means contractor that agree or sign a contract with the main contractor to perform a part of construction work which has been anticipated in bid dossier.

6. “Supervision consultant” means the consultancy contractor that is selected by investor to operate regularly and continuously at construction site aiming to supervise construction of works and the works items. Name of the supervision consultant must be stated in specific conditions of contract

7. “Commencement day” means day the investor decides to allow contractor to begin construction of works.

8. “Duration of completion” means a necessary duration to finish the works calculated from the commencement day to the day the works is accepted and handed.

9. “Day” means calendar day, is calculated continuously, including holidays and weekends.

10. “Warranty duration of the construction works” means duration in which contractor shall be responsible legally for repair of defects for works. Warranty duration is calculated from the day the works is accepted and handed.

11. “The minutes of pre-acceptance test” means the minutes issued according to Article 34 of this Chapter.

12. “The construction site” means place where investor provides for contractor to use in construction of works as stated in specific conditions of contract.

Article 2. Applicable law and used languages

Law governing the contract is Vietnamese law, language of contract is Vietnamese, unless otherwise are stated in specific conditions of contract  

Article 3. Contract performance guarantee

1. Contractor must conduct contract performance guarantee measure according to content of requirement stated in specific conditions of contract in order to ensure its obligations and duties in contract performance

2. Contract performance guarantee shall be refunded to investor such as a compensation for any damage arising by contractor’s fault when contractor fails to finish its obligations and duties under contract.

3. The investor must refund the contract performance guarantee to investor in the duration specified in specific conditions of contract.

Article 4. Form of contract

Form of contract is specified in specific conditions of contract.

Article 5. Sub-contractor

1. Contractor may sign contract with sub-contractor in list of sub-contractors stated in specific conditions of contract to perform a work part stated in bid dossier. The use of sub-contractors shall not make changes of obligations of contractor. The contractor shall be liable before investor about volume, quality, schedule and other obligation for the work part which is performed by sub-contractors

The replacement, supplementation of sub-contractors not in list of sub-contractors stated in specific conditions of contract shall only be conducted after the investor has accepted.

2. Value of work which is performed by sub-contractors stated at clause 1 this Article does not exceed the percentage of contract price stated in specific conditions of contract.

3. The contractor is not entitled to use sub-contractors for works other than works declared for use of sub-contractors stated in specific conditions of contract

4. Other requirements on sub-contractors specified in specific conditions of contract.

Article 6. Cooperation with other contractors

Cooperation with other contractors to share the construction site shall be performed in accordance with specific conditions of contract.

Article 7. Personel of contractor ⁽¹⁾

1. Contractor must use key officers named in list of key officers mentioned in specific conditions of contract to perform works stated in this list or use other officers with the acceptance of investor. The investor shall only accept the proposal for replacement of key officers in case of having legitimate reason, the qualification and capability of the replacing persons basically must be equivalent to or better than officers named in list.

2. If the investor requests the contractor to dismiss one or many members in employees of contractor with legitimate reason, the contractor must ensure that such employees will leave construction site within 5 working days and have no relation with work in contract

Article 8. Compensation

1. The contractor must pay compensation and take responsibility to investor, employees of investor for damages, losses and expenses involving:

a) Injuries on bodies, diseases, sickness or life of any person which happen during or outside of construction process or due to reason from drawings of contractor, from construction, completion of works, repair of defects, except for case where events happen because investor, employees of investor are careless, intentionally make errors or violate contract.

b) Failures or losses of any asset (not being works) which happen during or outside of construction process or due to drawings of constructor, from construction, completion of works, repair of defects, except for case where events happen because investor, employees of investor are careless, intentionally make errors or violate contract.

2. Investor must pay compensation and take responsibility for contractor, employees of contractor who are suffered damages, losses, and expenses involving injuries on body, diseases, sickness or damages of lives which are determined as result of investor, employees of investor who were careless, intentionally made errors or violated contract.

Article 9. Risks of investor

From the commencement day until the expiry day of warranty obligation of contractor, investor shall be responsible for the following risks:

1. Risks involving injuries, deaths for people, losses or damages to assets (exclusive of works, supplies, machinery, equipment) due to fault of investor.

2. Risks involving damages, losses to works, supplies, machinery, equipment due to fault of investor, design of investor or force majeure

Article 10. Risks of contractor

Contractor shall be responsible for the following risks:

1. Risks which are not risks of investor, including risks involving injuries, deaths, losses or damages to assets (including works, supplies, machinery, equipment) as from the commencement day until the expiry day of warranty obligation.

2. Risks involving damages, losses to works from the day of accepting and handing over the works until the expiry day of warranty obligation of contractor due to:

- Any defect happened on the day of completion;

- Any event happened before day of completion and this event is not risk of investor;

- Activities of contractor on construction site after day of completion.

Article 11. Limitations on legal duty

1. Party must not be liable legally before other party for losses during use of works, profit or indirect damages involving this contract apart from provisions on fine due to delay of contract performance, correction of errors, payment in case of ending contract, compensation.

2. The legal responsibility of contractor for investor under contract or involving contract apart from provision on compensation stated in Article 8 this Chapter shall not exceed total amount stated in specific conditions of contract

3. Do not limit the legal responsibility in cases of fraudulent, intentional fault or careless act of the infringing party.

Article 12. Cases of force majeure

1. In this contract, force majeure is construed as events not able to control and forecast by parties, such as war, riot, strike, fire, natural disasters, floods, epidemics, isolation due to quarantine.

2. When happen cases of force majeure, the party affected by the force majeure must timely inform in writing to the other party about such event and cause of event.  Concurrently, transfer to the other party a confirmation paper on such force majeure which is issued by a competent organization at place the force majeure happened.

During time of being no able to build the works due to force majeure, contractor shall, comply with guide of investor, continuously perform its contractual obligations depending on the allowed actual situation and must have reasonable measures to perform the work parts which are not affected by the force majeure event. In this case, investor must consider paying compensation to contractor for the necessary and reasonable sub-charges which contractor suffered.

3. A party failing to finish its duties due to force majeure case will be exempted from compensation, fines or termination of contract.

In case of arising disputes between parties because force majeure event happened or prolonged, such disputes will be solved according to provisions in Article 19 of this Chapter.

Article 13. Insurance

Requirements on insurance are specified in specific conditions of contract.

Article 14. The temporary works

Requirements on temporary works are specified in specific conditions of contract

Article 15. Safety

Contractor must perform measures to ensure safety for all activities at the construction sites under current legislation.

Article 16. Antiquities detected at the construction sites

Any object with historical nature or significant value detected at the construction sites shall be assets of the Socialist Republic of Vietnam. Contractor does not allow its persons or other person to obtain or cause damage to the detected antiquities. Contractor must report immediately to investor about this issue to solve under law

In case where the contract performance is delayed because of detected antiquities and because contractor must participate in dealing, preserving, transporting such antiquities, contractor must report to investor for consideration and settlement.

Article 17. Right to use construction site

Investor must transfer right to use construction site for contractor on day stated in specific conditions of contract

Article 18. Supervision consultant

1. Supervision consultant has responsibility to perform works stated in contract

2. Supervision may give out instructions for contractor in construction of works and repair of defects at any time. Contractor must observe instructions of supervision consultant.

3. If the investor changes supervision consultant, investor shall notify contractor in writing

Article 19. Dealing with disputes

1. Investor and contractor shall be responsible for dealing with disputes arising between two parties through negotiation and conciliation.

2. If disputes cannot be dealt by negotiation and conciliation in the duration set in specific conditions of contract from the day of arising disputes, any party also can request to put dispute to deal under the regulations defined in specific conditions of contract

B. MANAGEMETN OF PERFORMANCE SCHEDULE

Article 20. Day of completion of the works

Contractor may begin the works performance on the commencement day stated in specific conditions of contract and must conduct construction of the works on detailed construction schedule which has been submitted by contractor and accepted by investor. Contractor must finish the works on the anticipated day of completion as stated in specific conditions of contract   

Article 21. The detailed construction schedule table

1. In duration specified in specific conditions of contract, contractor must submit to the investor for consideration and acceptance of the detailed construction schedule table including the following contents:

a) The process of performing the work of contractor and duration of construction expected for each main stage of the works;

b) The course and time of check, verification shall be specified in contract;

c) The enclosed reports include: general report on methods which are anticipated to be used by contractor and main stages in construction of works; necessary quantity of officers, workers and equipment of contractor on construction site for each main stage.

2. Contractor must comply with the detailed construction schedule table after this table is accepted by investor.

3. Contractor must submit to investor for consideration and acceptance of the detailed construction schedule table which has been updated the time points not exceeding the time stated in specific conditions of contract. If contractor fails to submit to the detailed construction schedule table which has been updated at the time points mentioned above, investor may keep an amount specified in specific conditions of contract in the next payment installment. This amount shall be paid in the next payment installment after this detailed construction schedule table has been submitted.

4. The acceptance of the detailed construction schedule table of investor shall not replace obligations of contractor. Contractor may adjust the detailed construction schedule table and submit to the investor at any time.

Article 22. Change of contract performance time

1. Investor and contractor shall negotiate on extension of contract performance time in the following cases:

a) Investor fails to transfer right to use construction site to contractor in time specified at Article 17 of this Chapter;

b) Investor fails to accept sub-contractors not in list of sub-contractors stated Article clause 1 Article 5 of this Chapter without legitimate reason;

c) Investor delayed without reason in issuing the minutes of pre-acceptance test of the works;

d) Other cases described in specific conditions of contract.

2. Investor may request contractor to delay the commencement of works or perform later than the set schedule of any activity in the works.

3. In case of shortening time of contract performance, investor must conduct negotiation with contractor about concerned contents.

Article 23. Forecast about accidents

Contractor should forecast early to investor about events which may be going to happen and affect severely to quality of the works, increase the price of contract or delay of contract performance. Investor may request contractor to forecast about influences of this event for the contract price and time of contract performance. Contractor must cooperate with investor to give out remedial measures.

C. QUALITY MANAGEMENT

Article 24. Check of quality of supplies, machinery and equipment

1. Contractor must ensure that all supplies, machinery and equipment satisfy the technical requirements.

2. Contractor must supply samples or test result of supplies, machinery and equipment stated in specific conditions of contract for check and do as basis for pre-acceptance test of the works.

3. Investor shall check supplies, machinery and equipment at place of use, place of manufacture or at construction site at any time.

4. Contractor must ensure to allocate officers and necessary conditions for check of supplies, machinery and equipment mentioned above.

Article 25. Handling of errors

1. Supervision consultant shall be responsible for check, assessment on quality of works of contractor. In case of detecting errors, the supervision consultant shall request contractor for consideration to find out cause and have remedial measures. The check mentioned above do not affect to obligation and duty of contract performance of contractor.

2. If the supervision consultant requests contractor to conduct a test which is not specified in technical standard to check any work whether has error or not and in case the check detects error, contractor must pay cost for test. If it has no error, this cost shall be included in contract price which investor must pay to contractor.

Article 26. Warranty of the works

1. Duration of works warranty shall be calculated from day investor sign on the minutes of pre-acceptance test of the works items, the construction works has been finished and put into use and defined in specific conditions of contract. Duration of works warranty must be extended until defects due to fault of contractor are remedied completely. 

2. Requirements on works warranty are specified in specific conditions of contract.

3. During the warranty duration, the investor should inform contractor about damages concerning the works due to fault of contractor. Contractor is responsible for overcoming errors by expenses of contractor in duration specified by investor.

4. If investor fails to remedy errors in duration specified by investor, the investor may hire other organization to remedy such errors, define costs for remedying errors; and contractor must refund these costs.

D. MANAGEMENT OF EXPENSES

Article 27. Price table of contract

The contract price table stated in appendix 1 is a integral part of this contract, including work items which contractor must perform and price unit of those items.⁽¹⁾

Article 28. Tax

Requirements involving tax shall be specified in specific conditions of contract.

Article 29. Adjustment of contract price

Adjustment of contract price is applied to the work part applying form of price unit contract. Content of adjustment, measure and duration to calculate adjustment, the input database to calculate for adjustment of contract price are specified in specific conditions of contract.  

Article 30. Correction and supplementation of contract

1. The correction and supplementation of contract may be performed in the following cases:

a) To supplement the necessary work items, supplies, machinery, equipment or services other than the work volume which must perform under design and outside of work scope specified in contract;

b) To change quantity and parameters of any work item;

c) To change design;

d) To change the contract performance duration

2. Investor and contractor shall negotiate to do as basis for signing appendices to supplement contract in case of correction and supplementation of contract.

3. Case of correction and supplementation of contract, contractor must put volume of the added work into the detailed construction schedule table

Article 31. Advance payment

1. Investor shall provide an advance payment to contractor under contents specified in specific conditions of contract 

2. The refund of advance payment shall be performed under provision in specific conditions of contract. 

Article 32. Payment

Investor shall pay to contractor under contents specified in specific conditions of contract.

Article 33. Reward and fining of contract violations

1. Case specified in specific conditions of contract, contractor will be rewarded an amount under the level defined in specific conditions of contract for invention, each day when works finished earlier than the expected day of completion. Total rewarded amount does not exceed total amount defined in specific conditions of contract.

2. Contractor will be fined at the level defined in specific conditions of contract for each day when works finished later in comparison with the expected day of completion or the expected day of completion as extended. Total fine does not exceed total amount defined in specific conditions of contract. The investor may deduct the fine from contractor's amounts which are matured to be paid by investor.

4. Other requirements on reward, fine of contractual violations are stated in specific conditions of contract.

E. COMPLETION AND TERMINATION OF CONTRACT

Article 34. Pre-acceptance test

The investor shall organize pre-acceptance test in accordance with current law on construction. The minutes of pre-acceptance test must be signed for confirmation by representatives of investor, supervision consultant and contractor.

The investor need receive construction site and the works in time defined in specific conditions of contract after contractor is issued the minutes of works pre-acceptance test

Article 35. Construction completion drawings and guidance in operation

1. Contractor must complete and submit construction completion drawings to investor in accordance with current law, documents guiding process of operating the installed equipment (if any) on day defined in specific conditions of contract

2. If contractor fails to submit construction completion drawings or guidance on operation on day defined in specific conditions of contract of these documents fail to be accepted by investor, investor will retain an amount defined in specific conditions of contract from the matured payable amount to contractor.

Article 36. Termination of contract

1. Investor or contractor may terminate contract if one of two parties has basic violation on contract as follows:

a) Contractor stops construction in duration defined in specific conditions of contract while the stopping of construction is not stated in the current detailed construction schedule table and not allowed by investor

b) The investor requests contractor to prolong the schedule of works in excess of duration defined in specific conditions of contract;

c) Contractor is bankrupt or dissolved;

d) Other acts stated in specific conditions of contract.

2. In case of contract termination, contractor must stop immediately the work, keep construction site in safety and leave construction site at the request of investor.

Article 37. Payment in case of contract termination

1. If contract is terminated due to fault of contractor as stated in Article 36 of this Chapter, investor shall make minutes to confirm value of the performed works, purchased materials minus the advance payment which contractor has received. If the advance payment is more than value of the performed works, purchased materials, contractor shall refund the difference to investor, in contrary case, investor shall pay difference to contractor.

2. If contract is terminated due to fault of investor stated in Article 36 of this Chapter or due to force majeure, investor shall make a minutes to confirm value of the performed works, purchased materials, reasonable expenses for moving machinery, equipment, back to country of workers who contractor has employed for the works, and expenses paid by contractor for protection of works, minus the advance payment which contractor has received. The investor shall pay this difference to contractor.

3. All materials at field, machinery, equipment, temporary works and works shall be considered as assets of investor if contract is terminated due to fault of the contractor.

Chapter 11.

SPECIFIC CONDITIONS OF CONTRACT

Chapter 12.

FORM OF CONTRACT

Form No 16

CONTRACT¹

 (Written construction and installation contract)

……, date……….month……. year……….

Contract No.: ___________

Bidding package: ____________ [Stating name of the bidding package]

Of Project: ____________ [Stating project name]

Pursuant to²  _____(the Civil Code No. 33/2005/QH11 dated 14/6/2005 of National Assembly)

Pursuant to²____________(Bidding Law No. 61/2005/QH11 dated 29/11/2005 of National Assembly)

Pursuant to²____________(Construction Law No. 16/2003/QH11 dated 26/11/2003 of National Assembly)

Pursuant to² ________[Law amending and supplementing a number of articles of laws regarding capital construction investment No. 38/2009/QH12 dated June 19, 2009 of National Assembly)

Pursuant to² _______ [Government’s Decree No. 85/2009/ND-CP dated 15/10/2009, on guiding implementation of Bidding law and selection of contractor under Construction Law);

Pursuant to Decision No. _____ day ___ month ___ year ____ of ____ on the approval of bid results of bidding package _____ [stating the name of package] and notice of the bid winning No. day ____month ____ year ____ of the bid solicitor;

Pursuant to the record of negotiation and finalization of the contract signed by the bid solicitor and the winning contractor on ___ month ___ year ______;

We, representatives of parties entered into contract, include:

Investor (hereinafter referred to as the party A)

Investor name [Stating investor name] ___________________________________

Address: __________________________________________________________

Telephone: ________________________________________________________

Facsimile: _________________________________________________________

Email: ____________________________________________________________

Account: __________________________________________________________

Tax Code: _________________________________________________________

Represented by Mr/Mrs: ______________________________________________

Position: __________________________________________________________

The power of attorney No. ____date _____month ______year ____(in case of authorization).

Contractor (hereinafter referred to as the party B)

Contractor name [Stating name of the winning contractor]: ____________________

Address: ___________________________________________________________

Telephone: _________________________________________________________

Facsimile: __________________________________________________________

Email: _____________________________________________________________

Account: ___________________________________________________________

Tax code: __________________________________________________________

Represented by Mr/Mrs: _______________________________________________

Position: ___________________________________________________________

The power of attorney No. ____date _____month ______year ____(in case of authorization).

The two parties agree to sign construction and installation contract with the following contents:

Article 1. Object of contract

Party A assigns party B to perform construction and installation of the works in proper accordance with design.

Article 2. Contract components

Contract components and legal priority order:

1. Written contract (enclosed with price table and other appendices);

2. Minutes of negotiation and finalization of the Contract;

3. Decision on approving bidding results;

4. Specific conditions of the Contract;

5. General conditions of the Contract;

6. Bid dossier and documents to clarify Bid dossier of the winning contractor (if any);

7. The bidding dossier and documents to supplement to bidding dossier (if any);

8. Other enclosed documents (if any).

Article 3. Responsibilities of contractor

Contractor commits to build the works under the design and commits to fulfill obligations and duties stated in general conditions and specific conditions of contract.

Article 4. Responsibilities of investor

Investor commits to pay to contractor according to the contract price stated in Article 5 of this contract by the method specified in the specific conditions of the contract as well as fulfill other duties and responsibilities specified in the general conditions and specific conditions of the contract.

Article 5. Contract price and methods of payment

1. Contract price: __________[stating value in numbers, in letters and currency to sign contract. If contract price is signed in various currencies, stating value in numbers and letters of each currency, example: 5 million USD + 20 billion VND (five million USD and twenty billion VND)].

2. Methods of payment: Payment is made by the method specified in specific contractual conditions (Article 13 Specific contractual conditions).

Article 6. Form of contract: ________________________

 [Stating forms of contract in line with Article 4 of specific contractual conditions].

Article 7. Duration of contract performance: ___________

 [Stating duration of contract performance in accordance with Clause 2, Section 1, Bid data sheet, bid dossier, and the results of negotiation, finalization of the contract between two parties].

Article 8. Validity of the Contract

1. The contract shall take effect from ______ [Stating the effective date of the contract in accordance with Clause 7, Article 1 of general contractual conditions].

2. The contract cease to be effective after the two parties conduct the liquidation of contract under law.

The Contract is made into ____ sets, the investor keeps ____ sets, contractor keeps ____ sets; the sets of contract have the same legal validity.

Form 17

LETTER OF GUARANTEE FOR THE CONTRACT EXECUTION⁽¹⁾

   Date:______________________________

To:____________________[write the project owner’s name]

 (hereinafter referred to as the project owner)

At the request of ____[write the contractor’s name] (hereinafter referred to as the contractor) who has won the bid contract titled _____[write the title of bid contract] and managed or promised to sign the agreement on the civil engineering and construction under the aforementioned contract (hereinafter referred to as the contract);⁽²⁾

With reference to the provisions of the invitation for bid (or the agreement) under which the contractor is obliged to provide the project owner with a bank guarantee in the form of a fixed deposit so as to ensure their fulfillment of obligations and responsibilities for executing the contract;    

We, ___[write the bank’s name] based in _____ [write name of the country or territory] with our head office registered at _______[write the bank address⁽³⁾] (hereinafter referred to as “ the bank”], are hereby committed to guarantee the contractor’s execution of contract with the sum of ______ [clearly write in numbers, words and specify the currency]. We shall adhere to our commitment on making any unconditional and irrevocable payment that must not exceed the aforementioned ______ [write the sum of money] to the project owner whenever a written notification is sent to the defaulting contractor within the validity of this letter of guarantee.   

This letter of guarantee shall take effect from the date of issue and expire by the end of date……⁽⁴⁾

Note:

 (1) Only applicable to the contract execution by means of the letter of guarantee issued by a bank or a financial institution.

 (2) If the guaranteeing bank requires the validated contract prior to issuing a letter of guarantee, the bid solicitor shall send a report to the project owner for their consideration and decision. In this case, the above-mentioned paragraph can be corrected as follows:

 “At the request of ____[write the contractor’s name] (hereinafter referred to as the contractor) who has won the bid contract titled _____[write the contract title] and signed the contract No. [write the contract number] dated ………… (hereinafter referred to as the contract)”

 (3) The bank address: Clearly specify the registered address, telephone, fax number and e-mail address.

 (4) Specify the appropriate effective and expiry date as mentioned in Article 3 Specific terms and conditions.

Form 18

LETTER OF GUARANTEE FOR THE DOWN PAYMENT⁽¹⁾

Date _____________

To:_____________________ [write the project owner’s name]

 (hereinafter referred to as the project owner)

 [write the contract title and number]

Under the provisions of the down payment mentioned in specific terms and conditions of the contract, _____ [write the contractor’s name and address] (hereinafter referred to as the contractor) must provide the project owner with a bank guarantee to ensure the contractor to use _____[clearly write in numbers, words and specify the currency] for the purpose of executing the contract;

We, ___[write the bank’s name] based in _____ [write name of the country or territory] with our head office registered at _______[write the bank address⁽²⁾] (hereinafter referred to as “ the bank”], upon the request of the project owner, hereby agree on the unconditional and irrevocable payment that must not exceed ­­_______[clearly write in numbers, words and specify the currency] without let or hindrance from the contractor.

In addition, we agree that any amendment and modification to terms and conditions or any document pertaining to the contract mutually signed by both the contractor and the project owner shall not result in changing any of our obligations in this letter of guarantee.

Value of this guarantee shall be gradually reduced in proportion to the amount of down payment that the project owner has managed to collect in installments as regulated in Article 5 of the contract after the contractor provides a written confirmation from the project owner in terms of the paid amount during these installments.

This guarantee shall be effective from the date of the contractor’s receipt of the contractual down payment to the date_______⁽³⁾ or when the project owner collects full of the down payment, depending on whichever occurs first.

Note:

 (1) Based on the specific conditions of bid contract, the proper regulations shall be required as mentioned in Article 3 Specific terms and conditions.

 (2) The bank address: Clearly specify the contact address, telephone, fax number and e-mail address.

 (3) The date regulated in Article 31 Specific terms and conditions.

APPENDIX 1

PRICE LIST

 (Attached to the contract No.____, dated_________)

 [This Appendix shall be established with reference to the requirements of The invitation to bid, the bid package and other relevant agreements that have been reached after contractual negotiation and construction, including the price list of the engineering item and content. Depending on the scope of work defined in the bid contract, the price list shall be consisting of various sections: full-package and unit price-based workload,…]

APPENDIX 2

EXAMPLES

Example 1: The technical evaluation standard based on the method of the point scale, applied to the bid contract of groundwork engineering for a high-rise building and its basement (after its foundation has been completely constructed)

Example 2: Based on Technical Registered Standard Code, the bid contract, titled “Rehabitate the 30-kilomettre road to achieve the standard for the 3^th road rating with reference to the cross-sectional drawing of the pavement in 12 metric mettre wide”, shall be defined as “pass” or “fail”  

1. Construction methods

2. Construction progress

Bill of quantities for the bid contract of constructing the highway route Km 248+00 – Km 255+500 of the Cau Gie – Ninh Binh highway construction project (the first stage)

Example 4: Technical standards for building materials according to Vietnam Standard Code

Example 5: Required standards for construction and acceptance test