Form No. 3B is used to prepare the E-HSMT applying open bidding and limited bidding in a one-stage, two-envelope method.
| Subject | Ministry of Planning and Investment | Code | 3B |
| Category | Circulars | Signer | Nguyễn Chí Dũng |
| Area | Đấu thầu | Publtime | 15/02/2024 |
SAMPLE NO. 3B
Online bidding documents FORM No. 3B for construction bidding package using a one-stage two-envelope method
(Issued together with Circular No. 06/2024/TT-BKHĐT
dated April 26, 2024, of the Minister of Planning and Investment)
BIDDING DOCUMENTS
Online bidding documents FORM No. 3B for construction bidding package using a one-stage two-envelope method
(Issued together with Circular No. 06/2024/TT-BKHĐT
dated April 26, 2024, of the Minister of Planning and Investment)
BIDDING DOCUMENTS
| Bid package number and Electronic Invitation To Bid number (on the System): | _________________ |
| Name of the bid: (according to Electronic Bidding Docuements Electronic Invitation To Bid content on the System) | _________________ |
| Project/procurement estimate (according to Electronic Invitation To Bid content on the System): | _________________ |
| Date of issuance (according to Electronic Invitation To Bid content on the System): | _________________ |
| Issued together with Decision (according to Electronic Invitation To Bid content on the System): | _________________ |
TABLE OF CONTENTS
Summary Description
Part 1. BIDDING PROCEDURES
Chapter I. bidder Instructions
Chapter II. Bidding Data Sheet
Chapter III. Evaluation Standards for Electronic Bid Documents (Electronic Bid Documents)
Chapter IV. Bid and Tender Forms
Part 2. TECHNICAL REQUIREMENTS
Chapter V. Technical Requirements
Part 3. CONTRACT TERMS AND CONTRACT FORMS
Chapter VI. General Conditions of the Contract
Chapter VII. Specific Conditions of the Contract
Chapter VIII. Contract Forms
SUMMARY DESCRIPTION
Part 1. BIDDING PROCEDURES
Chapter I. Bidder Instructions
This chapter provides information to help bidders prepare Electronic Bid Documents. The information includes regulations regarding the preparation, submission of Electronic Bid Documents, bid opening, evaluation of Electronic Bid Documents, and contract award. The regulations in this chapter are to be used without modification.
This chapter applies uniformly to all online construction bid packages, fixed in PDF format and posted on the System.
Chapter II. Bidding Data Sheet
This chapter specifies the contents of Chapter I as applied to each bid package.
This chapter is digitized as forms on the System (webform). The investor enters the relevant information into E-Bidding Documents List on the System.
Chapter III. Evaluation Standards for Electronic Bid Documents
This chapter includes criteria for evaluating Electronic Bid Documents. Specifically:
- Item 1 (Evaluation of Electronic Bid Documents Validity) is fixed in PDF/Word format and posted on the System;
- Item 2 (Evaluation Standards for Capacity and Experience) is digitized as a webform. The investor needs to input information into the corresponding webforms;
- Item 3 (Evaluation Standards for Technical), Item 4 (Evaluation Standards for Financial), and Item 5 (Alternative Technical Proposal in Electronic Bid Documents (if any)) are PDF/Word files prepared by the Investor and uploaded on the System.
Based on the information entered by the Investor, the System automatically generates the relevant bidding forms corresponding to the evaluation standards.
Chapter IV. Bid and Tender Forms
This chapter includes the forms that the Investor and the bidder must complete as part of the Electronic Bidding Document and Electronic Bid Documents content. In this chapter, some forms are digitized as webforms, while others are PDF/Word files. The Investor and bidder need to input information into the corresponding webforms as per the bid package to prepare Electronic Bidding Document and Electronic Bid Documents on the System.
Part 2. TECHNICAL REQUIREMENTS
Chapter V. Technical Requirements
This chapter provides information on technical specifications, drawings, and additional information describing the project displayed as PDF/Word/CAD files prepared by the Investor and attached to the System.
Part 3. CONTRACT TERMS AND CONTRACT FORMS
Chapter VI. General Conditions of the Contract
This chapter includes general terms applicable to all contracts of various bid packages. The regulations in this chapter are to be used without modification.This chapter applies uniformly to all online construction bid packages, fixed in PDF format and uploaded to the System.
Chapter VII. Specific Conditions of the Contract
This chapter includes contract data and specific conditions for each contract. The specific conditions of the contract aim to detail and supplement but do not replace the General Conditions of the Contract.
This chapter is digitized as a webform. The Investor enters the relevant information into the Specific Conditions of the Contract on the System.
Chapter VIII. Contract Forms
This chapter includes forms that, once completed, will become a constituent part of the contract. The performance guarantee forms (Guarantee Letters) and Advance Payment Guarantees (if any) must be completed by the winning bidder before the contract becomes effective.
This chapter includes PDF/Word files prepared by the Investor according to the templates.
Chapter I. Bidder Instructions
This chapter provides information to help bidders prepare Electronic Bid Documents. The information includes regulations regarding the preparation, submission of Electronic Bid Documents, bid opening, evaluation of Electronic Bid Documents, and contract award. The regulations in this chapter are to be used without modification.
This chapter applies uniformly to all online construction bid packages, fixed in PDF format and posted on the System.
Chapter II. Bidding Data Sheet
This chapter specifies the contents of Chapter I as applied to each bid package.
This chapter is digitized as forms on the System (webform). The investor enters the relevant information into E-Bidding Documents List on the System.
Chapter III. Evaluation Standards for Electronic Bid Documents
This chapter includes criteria for evaluating Electronic Bid Documents. Specifically:
- Item 1 (Evaluation of Electronic Bid Documents Validity) is fixed in PDF/Word format and posted on the System;
- Item 2 (Evaluation Standards for Capacity and Experience) is digitized as a webform. The investor needs to input information into the corresponding webforms;
- Item 3 (Evaluation Standards for Technical), Item 4 (Evaluation Standards for Financial), and Item 5 (Alternative Technical Proposal in Electronic Bid Documents (if any)) are PDF/Word files prepared by the Investor and uploaded on the System.
Based on the information entered by the Investor, the System automatically generates the relevant bidding forms corresponding to the evaluation standards.
Chapter IV. Bid and Tender Forms
This chapter includes the forms that the Investor and the bidder must complete as part of the Electronic Bidding Document and Electronic Bid Documents content. In this chapter, some forms are digitized as webforms, while others are PDF/Word files. The Investor and bidder need to input information into the corresponding webforms as per the bid package to prepare Electronic Bidding Document and Electronic Bid Documents on the System.
Part 2. TECHNICAL REQUIREMENTS
Chapter V. Technical Requirements
This chapter provides information on technical specifications, drawings, and additional information describing the project displayed as PDF/Word/CAD files prepared by the Investor and attached to the System.
Part 3. CONTRACT TERMS AND CONTRACT FORMS
Chapter VI. General Conditions of the Contract
This chapter includes general terms applicable to all contracts of various bid packages. The regulations in this chapter are to be used without modification.This chapter applies uniformly to all online construction bid packages, fixed in PDF format and uploaded to the System.
Chapter VII. Specific Conditions of the Contract
This chapter includes contract data and specific conditions for each contract. The specific conditions of the contract aim to detail and supplement but do not replace the General Conditions of the Contract.
This chapter is digitized as a webform. The Investor enters the relevant information into the Specific Conditions of the Contract on the System.
Chapter VIII. Contract Forms
This chapter includes forms that, once completed, will become a constituent part of the contract. The performance guarantee forms (Guarantee Letters) and Advance Payment Guarantees (if any) must be completed by the winning bidder before the contract becomes effective.
This chapter includes PDF/Word files prepared by the Investor according to the templates.
Part 1. BIDDING PROCEDURES
Chapter I. BIDDER INSTRUCTIONS
Chapter I. BIDDER INSTRUCTIONS
| Chapter II. BIDDING DATA TABLE | |
| Electronic Content Delivery Network Technology 1.1 | Investor Name: ___ [Automatically extracted by the System]. |
| Electronic Content Delivery Network Technology 1.2 | Package name: ___ [Automatically extracted by the System]. Project/procurement estimate name: ___ [Automatically extracted by the System]. |
| Electronic Content Delivery Network Technology 3 | Source of funds: ___ [As per Electronic Invitation To Bid]. |
| Electronic Content Delivery Network Technology 5.1 (c) | Ensuring competition in bidding is regulated as follows: - The bidder participating in the bid does not hold more than 30% shares or capital in:___[enter full name and address of the Investor, Procuring Entity], except in cases of: (i) The bidder is a subsidiary or member company of a state-owned corporation or group, and the package is related to the main production or business of the group or corporation. (ii) The bidder is the parent company, subsidiary, or member company in an economic group or state-owned corporation, where the product or service of the package is part of the group or corporation's main production or business, and the package is owned by a subsidiary or member company. - The bidder participating in the bid does not hold shares or capital with consulting bidders; does not share more than 20% of shares or capital with another organization or individual for each party, specifically as follows: + Consultant for preparing technical design, construction drawing design, and estimate:___[enter full name and address of the consulting unit (if any)]; + Consultant for appraisal of technical design, construction drawing design, and estimate:___[enter full name and address of the consulting unit (if any)]; + Consultant for price appraisal:___[enter full name and address of the consulting unit (if any)]; + Consultant for supervising contract execution, inspection:___[enter full name and address of the consulting unit (if any)]; + Consultant for preparing E-Bid Document:___[enter full name and address of the consulting unit (if any)]; + Consultant for appraising E-Bid Document:___[enter full name and address of the consulting unit (if any)]; + Consultant for evaluating E-Bid Submission:___[enter full name and address of the consulting unit (if any)]; + Consultant for appraising bidder selection results:___[enter full name and address of the consulting unit (if any)]; + Consultant for project management, contract management, or other consultancy services directly related to the package:___[enter full name and address of the consulting unit (if any)]; - The bidder participating in the bid is not under the same agency or organization directly managing the consulting bidder (as mentioned above)[1]. - The bidder participating in the bid is not under the same agency or organization directly managing the Investor, Procuring Entity, except in cases where the bidder is a public non-business unit under the state management agency with assigned functions and duties appropriate to the nature of the package of that state management agency. Public non-business units and enterprises under the same directly managing agency or with capital contributions when participating in each other’s bidding packages are not required to meet the regulations of legal and financial independence between the bidder and the Investor, Procuring Entity. - The shareholding or capital contribution ratio between the parties is determined at the time of bid closing and according to the ratio stated in the business registration certificate, establishment decision, or other equivalent documents. In cases where the bidder participates in the bid as a PARTNERSHIP or the consulting bidder is selected as a PARTNERSHIP, the ownership ratio of other organizations or individuals in the PARTNERSHIP is determined using the following formula:  Where: Xi: Ownership ratio of the organization or individual in the i-th PARTNERSHIP member; n: Number of members participating in the PARTNERSHIP. |
| Electronic Content Delivery Network Technology 5.1 (g) | Conditions for enterprise classification:_____[in cases where the bidding package is valued at no more than 5 billion VND, write: “Is a small or micro enterprise as defined by the law on enterprises”. In cases where the bidding package exceeds 5 billion VND, write: “Not applicable”]. - If the bidding package has been organized but there are no micro or small enterprises meeting the requirements, write_____[“No requirement”]. |
| Electronic Content Delivery Network Technology 7.6 | On-site survey organization: ___ [write "yes" or "no". In case of "yes", specify the time and location of the on-site survey, and the phone number of the person responsible for organizing the on-site survey] |
| Electronic Content Delivery Network Technology 7.7 | Pre-bid conference: _____ [write "yes" or "no". In case of "yes", specify the time and location of the pre-bid conference, and the phone number of the person responsible for organizing the pre-bid conference] |
| Electronic Content Delivery Network Technology 8 | Cost for submitting Electronic Bid Documents:____ [The system will automatically extract according to current regulations]. |
| Electronic Content Delivery Network Technology 10.3 | The bidder must submit the following documents along with Electronic Bid Documents: ___ [write the names of other necessary documents that the bidder needs to submit along with Electronic Bid Documents as required based on the scale, nature of the bidding package, and do not limit the participation of bidders. If there are no requirements, it must be clearly stated as “not required”]. |
| Electronic Content Delivery Network Technology 12.1 | The bidder____ [write “permitted” or “not permitted”] to submit alternative technical proposals. [If only alternative technical proposals are permitted for specific parts of the bidding package, it must clearly state which parts the bidder is allowed to propose alternative technical solutions] |
| Electronic Content Delivery Network Technology 17.1 | The validity period of Electronic Bid Documents is: ≥ ____ days [extracted according to Electronic Invitation To Bid], from the date of bid submission closing. |
| Electronic Content Delivery Network Technology 18.2 | Content of bid security: - Value of bid security: [The system extracts from Electronic Invitation To Bid]. - Validity period of bid security: [The system extracts from Electronic Invitation To Bid]. For bidders listed with violations as specified in Clause 1, Article 18 of Decree No. 24/2024/ND-CP and published on the National Bidding Network System, they must provide bid security valued at three times the above-mentioned requirement within two years from the last occurrence of such violations. In the case of PARTNERSHIP bidders, members with violations as specified in Clause 1, Article 18 of Decree No. 24/2024/ND-CP must provide bid security valued at three times the bid security corresponding to the ratio of the value of work that member undertakes in the PARTNERSHIP within two years from the last occurrence of such violations. |
| Electronic Content Delivery Network Technology 18.4 | Time for return or release of bid security for non-selected bidders: _____ days, from the date the bidder selection results are approved [specify the number of days but not exceeding 14 days from the date the bidder selection results are approved]. |
| Electronic Content Delivery Network Technology 22.1 | Evaluation method for Electronic Bid Documents is: - Assessment of capacity and experience: Pass/Fail. - Assessment of technical:____ [Depending on the scale and nature of the bidding package, apply the method of “Pass/Fail” or “Scoring”]. - Assessment of financial:____ [Depending on the scale and nature of the bidding package, apply the method of the lowest price, evaluated price, or a combination of technical and price suitable for the evaluation criteria specified in Chapter III]. |
| Electronic Content Delivery Network Technology 24.2 | Ranking of bidders: [The system extracts when selecting the evaluation method in Section 22.1 E-Bidding Documents List as follows: - If selecting the lowest price method, extract: “the bidder with the bid price after adjustment for excess deviation (if any), minus any discount (if any) ranked first”; - If selecting the evaluated price method, extract: “the bidder with the lowest evaluated price ranked first”; - If selecting the method combining technical and price, extract: "the bidder with the highest composite score ranked first]. |
| Electronic Content Delivery Network Technology 30.3 | Maximum value for subbidders: ____ bid price of the bidder [depending on the scale and nature of the bidding package, the Investor specifies the percentage]. |
| Electronic Content Delivery Network Technology 30.5 | Use of special subbidders:____ [write “Permitted” or “Not permitted”. If permitted, specify the evaluation methods for capacity and experience for special subbidders in Section 2.3 Chapter III – Evaluation criteria for Electronic Bid Documents of Electronic Bidding Document]. |
| Electronic Content Delivery Network Technology 34.1 | Contract negotiation:____ [write “Applicable” or “Not applicable”]. |
| Electronic Content Delivery Network Technology 35.4 | [The system extracts when selecting the evaluation method in Section 22.1 E-Bidding Documents List as follows: - If selecting the lowest price method, extract: “the bidder with the bid price after adjustment for excess deviation (if any), minus any discount (if any) ranked lowest”; - If selecting the evaluated price method, extract: “the bidder with the lowest evaluated price” - If selecting the method combining technical and price, extract: "the bidder with the highest composite score"]. |
| Electronic Content Delivery Network Technology 35.5 | Bid package value for consideration in the award decision:_________ [- For bid packages applying fixed-price contracts, fixed unit price contracts, or adjusted unit price contracts, write "the approved bid package price in the bidder selection plan. If the estimated price of the bid package is lower or higher than the approved bid package price, this estimate will replace the bid package price as the basis for the award decision" - For bid packages applying output-based contracts, write “the bid package price excluding the costs for contingencies and price fluctuation that may occur during contract implementation. If the estimated price of the bid package is lower or higher than the approved bid package price, this estimate (excluding the costs for contingencies and price fluctuation) will replace the bid package price as the basis for the award decision"] |
| Electronic Content Delivery Network Technology 41.2 | - Authorized person:_________ [write the full name of the authorized person] + Address:_________ [write the full address, phone number, and fax number of the authorized person]; + E-mail:__________ [write the email of the authorized person to receive bidder's complaints]. - Secretariat department assisting the Chairman of the Advisory Council for complaint resolution: + Address:_________ [write the full name, address, phone number, and fax number of the secretariat department assisting the Chairman of the Advisory Council for complaint resolution]; + E-mail:__________ [write the email of the secretariat department assisting the Chairman of the Advisory Council for complaint resolution to receive bidder's complaints]. |
| Electronic Content Delivery Network Technology 42 | Address of the organization or individual performing monitoring tasks: ___ [write the full name, address, phone number, and fax number of the organization or individual assigned by the authorized person to monitor the bidder selection process for the bidding package/project (if any)]. |
Chapter III. Electronic Bid Documents EVALUATION CRITERIA
Section 1. Evaluation of the validity of Electronic Bid Documents
The bidder's Electronic Bid Documents is considered valid when it fully meets the following contents:
1. There is bid security that does not violate any of the cases specified in Section 18.3 Electronic Content Delivery Network Technology. The guarantee letter must be signed by the legal representative of a domestic credit institution or a foreign bank branch established under Vietnamese law, or the guarantee insurance certificate must be signed by the legal representative of a domestic non-life insurance company or a foreign non-life insurance company branch established under Vietnamese law, with the guarantee value, validity period, and beneficiary according to the requirements of Electronic Bidding Document (for electronic bid security, it must be digitally signed). The guarantee letter or insurance guarantee certificate must not be signed before the Investor issues Electronic Bidding Document; it must not include conditions that are detrimental to the Investor or the Bidder (including failing to meet all commitments as specified in Forms 4A, 4B Chapter IV). For paper-based bid security or guarantee insurance certificates, in case of discrepancies between the information about the bid security declared by the bidder on the System and the information in the scanned file of the attached guarantee letter, the information in the scanned file of the bid security letter shall be used for evaluation. For PARTNERSHIP bidders, the members must use the same form of bid security: electronic bid security or paper-based.
For bid packages with a bid security value less than 20 million VND, the bidder must commit in the bid application as specified in Section 18.7 Electronic Content Delivery Network Technology.
2. In the case of PARTNERSHIP bidders, the PARTNERSHIP agreement must clearly state the specific tasks and estimated corresponding value that each member in the PARTNERSHIP will perform according to Form 03 Chapter IV. The division of work in the PARTNERSHIP must be based on the items listed in the bid price summary table specified in Form 11 (11A or 11B or 11C or 11D or 11E) Chapter IV or according to the tasks within the production process of the items in the bid price summary; no division of tasks outside these items or not within the production process of these items is allowed.
3. The bidder ensures valid status as stipulated in Section 5 Electronic Content Delivery Network Technology([2]).
4. In the 03 years prior to the bid closing date, the bidder must not have personnel (who entered into labor contracts with the bidder at the time of the personnel committing the violation) convicted by the court for violating bidding regulations that cause serious consequences under criminal law for the purpose of allowing that bidder to win the bid.
bidders with valid Electronic Bid Documents will be considered for evaluation in the next step.
Section 2. Evaluation criteria for capacity and experience
2.1 Evaluation criteria for capacity and experience
The evaluation criteria for capacity and experience are implemented according to Table 01 of this Chapter and are digitized in webform on the System. bidders are assessed as meeting capacity and experience when they meet all evaluation criteria. The capacity and experience of subbidders (except for special subbidders) will not be considered when evaluating the bidder's Electronic Bid Documents. The bidder itself must meet the evaluation criteria for capacity and experience.
No requirement is set that the bidder must have previously performed one or more contracts in a specific area, or that the bidder must have experience in construction in a specific area as a criterion for eliminating the bidder.
In cases where contracts are mentioned in similar contracts or payment confirmations from the Investor for executed construction contracts or tax declaration forms or documents related to proving the capacity and experience of the bidder that are not in VND, the bidder must convert to VND for the purpose of Electronic Bid Documents evaluation. The conversion applies the exchange rate of___________[specify basis for determining the exchange rate, typically using the selling rate of a commercial bank operating in Vietnam] on the date of signing that similar contract.
In the case where the bidding bidder is a parent company (such as a General Corporation) that mobilizes its subsidiaries, member companies to perform a portion of the bidding package, the bidder must specify the portion of work allocated to the subsidiaries, member companies according to Form 09C Chapter IV. The evaluation of the experience in executing similar contracts is based on the value and volume of work undertaken by the parent company, subsidiaries, and member companies in the bidding package.
Table 01 (Webform on the System)
| CAPACITY AND EXPERIENCE EVALUATION CRITERIA TABLE | ||||||
| Capacity and experience criteria | Requirements to comply with | Documents to submit | ||||
| No | Description | Requirements | Independent bidder | PARTNERSHIP bidder | ||
| Total PARTNERSHIP members | Each PARTNERSHIP member | |||||
| 1 | History of contract non-completion due to bidder's fault | From January 01, ___(1) until the bid closing date, the bidder has no construction, EPC, EC, PC, or turnkey contracts that were not completed due to the bidder's fault (2). | Must meet this requirement | Not applicable | Must meet this requirement | Form 07 |
| 2 | Fulfillment of tax declaration and payment obligations | Has fulfilled tax declaration and payment obligations(3) for the most recent financial year compared to the bid closing date. | Must meet this requirement | Not applicable | Must meet this requirement | Commitment in the bid application |
| 3 | Financial capacity | |||||
| 3.1 | Financial performance results(4) | The bidder's net worth in the most recent financial year prior to the bid closing date must be positive. (Net worth = Total assets - Total liabilities) | Must meet this requirement | Not applicable | Must meet this requirement | Form 08A |
| 3.2 | Average annual revenue (excluding VAT) | Average annual revenue (excluding VAT) of ___ (5) in the most recent financial year prior to the bid closing date must be at least ____(6) VND. | Must meet this requirement | Must meet this requirement | Not applicable | Form 08A |
| 3.3 | Financial resource requirements for the bid | The bidder must demonstrate access to or have available high liquidity assets(7), available credit limits (unused credit limits) or other financial resources (excluding advance payments under the contract) to meet the financial resource requirements for executing the bid with a value of ____ (8) VND. In the case of the bidder using a credit commitment from a domestic credit institution or a foreign bank branch established under Vietnamese law, the credit commitment must meet the following conditions: - Value: Minimum..... VND (specify the value); - Duration of the credit commitment: effective for…. [specify the duration of the bid execution] from the effective date of the contract or effective until the date… month…. year… [specify the expected contract completion date, e.g., December 31, 2024]; - Signed by a legal representative of a domestic credit institution or a foreign bank branch established under Vietnamese law, and stamped. | Must meet this requirement | Must meet this requirement | Not applicable | Form 08B, 08C |
| 4 | Experience in executing similar construction contracts(9) | 1. In the case where the bid only includes one independent project (e.g., Project A): Based on the scale and nature of the bid, the investor chooses one of the two methods below: ___ “From January 1, ___ (10) to the bid closing date, the bidder has completed all or the majority(11) of at least 02 projects with: structural type:…, class:… [specify according to the structural type, class of the project in the bid](12), of which at least one project has a value of V(13) and the total value of all projects ≥ X, acting as the main bidder (independent or consortium member), managing bidder, or subbidder where X = 2 x V. If the bidder has completed all or the majority(11) of 01 project meeting the requirements for structural type, class and has a value ≥ X, it will be considered as meeting the requirement. Or: “From January 1, ___(10) to the bid closing date, the bidder has completed all or the majority(11) of at least 01 project with: structural type:…., class:…. [specify according to the structural type, class of the project in the bid](12), with a value of V(13) as the main bidder (independent or consortium member), managing bidder, or subbidder. 2. In the case where the bid consists of a combination of multiple projects (e.g., including a combination of 3 projects: A1, A2, A3) Based on the scale and nature of the bid, the investor chooses one of the two methods below: ___ “From January 1, ___(10) to the bid closing date, the bidder has completed all or the majority(11) of at least: - 02 projects with: structural type:…, class:… [specify according to the structural type, class of the project A1 in the bid](12), of which at least one project has a value of V1(13) and the total value of all projects ≥ X1, acting as the main bidder (independent or consortium member), managing bidder, or subbidder. Where X1= 2 x V1. If the bidder has completed all or the majority(11) of 01 project meeting the requirements for structural type, class, and has a value ≥ X1, it is considered compliant. - 02 projects with: structural type..., class:… [specify according to the structural type, class of the project A2 in the bid](12), of which at least one project has a value of V2(13) and the total value of all projects ≥ X2, acting as the main bidder (independent or consortium member), managing bidder, or subbidder. Where X2= 2 x V2. If the bidder has completed all or the majority(11) of 01 project meeting the requirements for structural type, class, and has a value ≥ X2, it is considered compliant. - 02 projects with: structural type…, class:…. [specify according to the structural type, class of the project A3 in the bid](12), of which at least one project has a value of V3(13) and the total value of all projects ≥ X3, acting as the main bidder (independent or consortium member), managing bidder, or subbidder. Where X3= 2 x V3. If the bidder has completed all or the majority(11) of 01 project meeting the requirements for structural type, class, and has a value ≥ X3, it is considered compliant. … Or: “From January 1, ___(10) to the bid closing date, the bidder has completed all or the majority (11) of at least: - 01 project with: structural type..., class:…. [specify according to the structural type, class of the project A1 in the bid](12), with a value of V1(13) acting as the main bidder (independent or consortium member), managing bidder, or subbidder. - 01 project with: structural type…, class:… [specify according to the structural type, class of the project A2 in the bid](12), with a value of V2(13) acting as the main bidder (independent or consortium member), managing bidder, or subbidder. - 01 project with: structural type…, class:… [specify according to the structural type, class of the project A3 in the bid](12), with a value of V3(13) acting as the main bidder (independent or consortium member), managing bidder, or subbidder. … 3. In the case where the bid only includes tasks A1, A2, A3… (not considered as projects under construction law) “From January 1, ___(10) to the bid closing date, the bidder has completed all or the majority(11) of at least: - 01 item similar in nature to item A1 [specify the nature of item A1], with a value of V1(13) acting as the main bidder (independent or consortium member), managing bidder, or subbidder. - 01 item similar in nature to item A2 [specify the nature of item A2], with a value of V2(13) acting as the main bidder (independent or consortium member), managing bidder, or subbidder. - 01 item similar in nature to item A3 [specify the nature of item A3], with a value of V3(13) acting as the main bidder (independent or consortium member), managing bidder, or subbidder. Additionally, based on the nature of the bid, similar conditions regarding the field may be stipulated, but must ensure that they do not limit the participation of the bidder. | Must meet this requirement | Must meet this requirement | Must meet the requirement (equivalent to the part of work undertaken) | Form 05 |
Note:
(1) Specify the required time, usually from 03 to 05 years prior to the year of the bid closing date. For example: from January 1, 2019 to the bid closing date.
(2) Unfinished construction contracts, EPC, PC, EC, turnkey due to bidder fault include:
- Contracts concluded by the Investor that the bidder did not complete and the bidder did not dispute;
- Contracts concluded by the Investor that the bidder did not complete, not accepted by the bidder but concluded by arbitration or the court in a way unfavorable to the bidder.
Unfinished contracts do not include contracts whose decisions by the Investor have been rejected by dispute resolution mechanisms. The determination of unfinished contracts must be based on all information regarding disputes or litigation resolved according to the regulations of the dispute resolution mechanism of the corresponding contracts and when the bidder has exhausted all possible opportunities to appeal. For contracts delayed due to bidder fault but still completed, they shall not be considered as unfinished contracts.
For PARTNERSHIP bidders where only one member in the PARTNERSHIP violates and is prohibited from participating in bidding according to the provisions of Clause 1, Article 125 of Decree No. 24/2024/ND-CP, the remaining PARTNERSHIP member shall not be considered as failing to fulfill the contract due to bidder fault. In the case where one or more PARTNERSHIP members violate the contract, lose the capacity to continue performing the contract, seriously affect the schedule, quality, and efficiency of the bidding package, then only one or some of the PARTNERSHIP members violating the contract shall be considered as not fulfilling the contract, and the remaining members shall not be considered as failing to fulfill the contract due to bidder fault.
(3) The bidder provides documentation proving that it has fulfilled the tax declaration and corporate income tax payment obligations (personal income tax for bidders as business households) for the most recent financial year prior to the bid closing date (in case the System has not updated information about tax obligations) to verify when invited to verify the documents. Tax obligations are to pay taxes corresponding to the tax value based on the tax rate, taxable income, and revenue declared by the bidder on the electronic tax system (the taxes paid correspond to the taxes owed); in case of being granted a delay in tax payment, tax exemption, or tax reduction according to the State's policies, this shall be implemented according to these regulations. If the System has not automatically extracted information about the bidder's tax obligations, the bidder shall submit the following documents:
- Tax declaration form (or payment notification from the tax authority for business households) and the payment receipt confirmed by the tax authority printed from the electronic tax system or
- Tax declaration form (or payment notification from the tax authority for business households) and confirmation from the tax authority regarding the fulfillment of tax obligations.
In the case where the bid closing date is after the end of the bidder's financial year (year Y) and before or on the last day of the third month from the end of year Y, the requirement for tax declaration and payment obligations applies to the financial year prior to year Y (year Y-1)
(For example: if the bid closing date is March 20, 2024, and the bidder's financial year is from January 1 to December 31, then the bidder must prove that it has fulfilled the tax declaration and payment obligations for the year 2022).
(4) For bidders that are business households, this criterion is not assessed.
(5) Specify the number of required years, usually from 03 to 05 years before the year of the bid closing date. If the bidder has fewer years of establishment than required by the Electronic Bidding Document, the average annual revenue (excluding VAT) will be calculated based on the number of years the bidder has been established. If the average annual revenue (excluding VAT) of the bidder meets the required value of the Electronic Bidding Document, the bidder will still be evaluated further without being disqualified.
For bidders that are business households, it is not mandatory to submit financial statements, but the bidder must provide documents proving revenue corresponding to tax obligations.
In the case where the bid closing date is after the end of the bidder's financial year (year Y) and before or on the last day of the third month from the end of year Y, the requirement for submitting financial statements applies to the previous years of year Y (year Y-1, year Y-2...).
For example:
- If the bid closing date is March 20, 2024, and the bidder's financial year is from January 1 to December 31 and the Electronic Bidding Document requires the bidder to submit financial statements for the last 03 years, the bidder must submit financial statements for the years 2020, 2021, and 2022).
- The average annual revenue (excluding VAT) of the last 03 financial years prior to the bid closing date. In this case, if the bid closing date is November 15, 2024, the bidder must submit financial statements for the years 2021, 2022, and 2023. The bidder was established in 2022, but the average revenue of 2022 and 2023 meets the requirements, then the bidder will continue to be evaluated.
(6) Calculation method for the required average annual revenue (excluding VAT):
a) For contracts with a duration of 12 months or more, the calculation of revenue is as follows:
Minimum required average annual revenue (excluding VAT) = [(Bid price – VAT value)/duration of the contract in years] x k.
Typically, the coefficient k in this formula is from 1.5 to 2;
b) For contracts with a duration of less than 12 months, the calculation of revenue is as follows:
Financial resource requirement for the bidding package = 30% x Bid price.
(9) In the case where the bidding package includes both a project and items according to the regulations of the construction law, only the requirement for similar contracts for the project should be mentioned. For similar contracts that the bidder has participated in as a PARTNERSHIP member or subbidder, only the value of the part performed by the bidder is considered.
Contracts that the bidder has executed as a subbidder due to illegal subcontracting, violating the provisions of Clause 8, Article 16 of the Bidding Law will not be considered or evaluated.
(10) Specify the required year, usually from 03 to 05 years before the year of the bid closing date.
(11) Completion in full means that all work of the project/item has been completed and accepted; completion in part means that at least 80% of the volume of work of the project/item has been completed and accepted. The time of confirmation for project/item completion to determine similar projects/items is the time of acceptance of the project/item, not based on the time of signing the contract.
(12) Specify the structure type and project grade of the project in the bidding package. The structure type and project grade are determined according to Appendix II of Circular No. 06/2021/TT-BXD dated June 30, 2021, of the Ministry of Construction regulating the classification of construction works and guiding the application in managing construction investment activities. If the project in the bidding package is not listed in Appendix II of Circular No. 06/2021/TT-BXD, the Electronic Bidding Document must provide regulations for similarity based on the nature of the project; specifically for the project grade, it is determined according to Appendix I of Circular No. 06/2021/TT-BXD.
If Circular No. 06/2021/TT-BXD is amended or replaced, the determination of the type and grade of the project shall be carried out according to the regulations of the amending or replacing Circular.
(13) Specify the values of V, V1, V2, V3. In which:
- V usually has a value of about 50% of the construction work value of the project being considered (project A). For specialized jobs or in localities where the bidder's capacity is still limited, the value of V can be required to be between 40% - 50% of the construction work value of project A.
- V1, V2, V3... usually have a value of about 50% of the construction work value of each corresponding project/item (A1, A2, A3...) in the bidding package being considered. For specialized jobs or in localities where the bidder's capacity is still limited, the values of V1, V2, V3... can be required to be between 40% - 50% of the construction work value of projects/items A1, A2, A3...
- The evaluation of the values of the projects/items that the bidder has executed will be based on the completed and accepted value of that project/item. The time of confirmation for project/item completion to determine similar projects/items is the time of acceptance of the project/item, not based on the time of signing the contract.
(Two projects with lower grades adjacent to the grade of the project being considered, where the completion value of each project of lower grade is equal to or greater than 50% of the construction work value of the project being considered shall be evaluated as a similar construction project).
- The similar projects/items that the bidder has completed may belong to one or more contracts (contracts may still be ongoing, not yet liquidated).
- For bidding packages consisting of multiple projects according to the construction law, the Investor may require completion of similar projects/items for all projects/items in the bidding package or only require completion of similar projects/items for some main projects/items. If there are multiple projects with the same structure type, then only similar project/item requirements apply to the same structure type with the highest project grade. Projects/items that the bidder has completed with the same structure type and have a project grade higher than the project grade of the bidding package being considered shall be deemed to meet the requirements for structure type and project grade.
For example: For the bidding package construction of "High School A", which includes a combination of projects:
+ Building A1 (Classroom): 10 floors, total floor area 5,000 m2, with a value according to the approved estimate of (X) VND. Building A1 is a type II structure according to the regulations of Circular No. 06/2021/TT-BXD.
+ Building A2 (Classroom): 6 floors, total floor area 1,000 m2, with a value according to the approved estimate of (Y) VND. Building A2 is a type III structure according to the regulations of Circular No. 06/2021/TT-BXD.
+ Security fence: 3 m high
+ Guardhouse: 1 floor, floor area 12 m2
In the Electronic Bidding Document, it may be stipulated that similar construction experience is: “the bidder has completed the construction project of a building, a type II structure, with a minimum value of 50% x (X) VND” without requiring the bidder to have experience in executing both building A2 (type III structure), security fence, and guardhouse.
Based on the scale and nature of the bidding package, similar conditions regarding the field may be required.
(1) Specify the required time, usually from 03 to 05 years prior to the year of the bid closing date. For example: from January 1, 2019 to the bid closing date.
(2) Unfinished construction contracts, EPC, PC, EC, turnkey due to bidder fault include:
- Contracts concluded by the Investor that the bidder did not complete and the bidder did not dispute;
- Contracts concluded by the Investor that the bidder did not complete, not accepted by the bidder but concluded by arbitration or the court in a way unfavorable to the bidder.
Unfinished contracts do not include contracts whose decisions by the Investor have been rejected by dispute resolution mechanisms. The determination of unfinished contracts must be based on all information regarding disputes or litigation resolved according to the regulations of the dispute resolution mechanism of the corresponding contracts and when the bidder has exhausted all possible opportunities to appeal. For contracts delayed due to bidder fault but still completed, they shall not be considered as unfinished contracts.
For PARTNERSHIP bidders where only one member in the PARTNERSHIP violates and is prohibited from participating in bidding according to the provisions of Clause 1, Article 125 of Decree No. 24/2024/ND-CP, the remaining PARTNERSHIP member shall not be considered as failing to fulfill the contract due to bidder fault. In the case where one or more PARTNERSHIP members violate the contract, lose the capacity to continue performing the contract, seriously affect the schedule, quality, and efficiency of the bidding package, then only one or some of the PARTNERSHIP members violating the contract shall be considered as not fulfilling the contract, and the remaining members shall not be considered as failing to fulfill the contract due to bidder fault.
(3) The bidder provides documentation proving that it has fulfilled the tax declaration and corporate income tax payment obligations (personal income tax for bidders as business households) for the most recent financial year prior to the bid closing date (in case the System has not updated information about tax obligations) to verify when invited to verify the documents. Tax obligations are to pay taxes corresponding to the tax value based on the tax rate, taxable income, and revenue declared by the bidder on the electronic tax system (the taxes paid correspond to the taxes owed); in case of being granted a delay in tax payment, tax exemption, or tax reduction according to the State's policies, this shall be implemented according to these regulations. If the System has not automatically extracted information about the bidder's tax obligations, the bidder shall submit the following documents:
- Tax declaration form (or payment notification from the tax authority for business households) and the payment receipt confirmed by the tax authority printed from the electronic tax system or
- Tax declaration form (or payment notification from the tax authority for business households) and confirmation from the tax authority regarding the fulfillment of tax obligations.
In the case where the bid closing date is after the end of the bidder's financial year (year Y) and before or on the last day of the third month from the end of year Y, the requirement for tax declaration and payment obligations applies to the financial year prior to year Y (year Y-1)
(For example: if the bid closing date is March 20, 2024, and the bidder's financial year is from January 1 to December 31, then the bidder must prove that it has fulfilled the tax declaration and payment obligations for the year 2022).
(4) For bidders that are business households, this criterion is not assessed.
(5) Specify the number of required years, usually from 03 to 05 years before the year of the bid closing date. If the bidder has fewer years of establishment than required by the Electronic Bidding Document, the average annual revenue (excluding VAT) will be calculated based on the number of years the bidder has been established. If the average annual revenue (excluding VAT) of the bidder meets the required value of the Electronic Bidding Document, the bidder will still be evaluated further without being disqualified.
For bidders that are business households, it is not mandatory to submit financial statements, but the bidder must provide documents proving revenue corresponding to tax obligations.
In the case where the bid closing date is after the end of the bidder's financial year (year Y) and before or on the last day of the third month from the end of year Y, the requirement for submitting financial statements applies to the previous years of year Y (year Y-1, year Y-2...).
For example:
- If the bid closing date is March 20, 2024, and the bidder's financial year is from January 1 to December 31 and the Electronic Bidding Document requires the bidder to submit financial statements for the last 03 years, the bidder must submit financial statements for the years 2020, 2021, and 2022).
- The average annual revenue (excluding VAT) of the last 03 financial years prior to the bid closing date. In this case, if the bid closing date is November 15, 2024, the bidder must submit financial statements for the years 2021, 2022, and 2023. The bidder was established in 2022, but the average revenue of 2022 and 2023 meets the requirements, then the bidder will continue to be evaluated.
(6) Calculation method for the required average annual revenue (excluding VAT):
a) For contracts with a duration of 12 months or more, the calculation of revenue is as follows:
Minimum required average annual revenue (excluding VAT) = [(Bid price – VAT value)/duration of the contract in years] x k.
Typically, the coefficient k in this formula is from 1.5 to 2;
b) For contracts with a duration of less than 12 months, the calculation of revenue is as follows:
Financial resource requirement for the bidding package = 30% x Bid price.
(9) In the case where the bidding package includes both a project and items according to the regulations of the construction law, only the requirement for similar contracts for the project should be mentioned. For similar contracts that the bidder has participated in as a PARTNERSHIP member or subbidder, only the value of the part performed by the bidder is considered.
Contracts that the bidder has executed as a subbidder due to illegal subcontracting, violating the provisions of Clause 8, Article 16 of the Bidding Law will not be considered or evaluated.
(10) Specify the required year, usually from 03 to 05 years before the year of the bid closing date.
(11) Completion in full means that all work of the project/item has been completed and accepted; completion in part means that at least 80% of the volume of work of the project/item has been completed and accepted. The time of confirmation for project/item completion to determine similar projects/items is the time of acceptance of the project/item, not based on the time of signing the contract.
(12) Specify the structure type and project grade of the project in the bidding package. The structure type and project grade are determined according to Appendix II of Circular No. 06/2021/TT-BXD dated June 30, 2021, of the Ministry of Construction regulating the classification of construction works and guiding the application in managing construction investment activities. If the project in the bidding package is not listed in Appendix II of Circular No. 06/2021/TT-BXD, the Electronic Bidding Document must provide regulations for similarity based on the nature of the project; specifically for the project grade, it is determined according to Appendix I of Circular No. 06/2021/TT-BXD.
If Circular No. 06/2021/TT-BXD is amended or replaced, the determination of the type and grade of the project shall be carried out according to the regulations of the amending or replacing Circular.
(13) Specify the values of V, V1, V2, V3. In which:
- V usually has a value of about 50% of the construction work value of the project being considered (project A). For specialized jobs or in localities where the bidder's capacity is still limited, the value of V can be required to be between 40% - 50% of the construction work value of project A.
- V1, V2, V3... usually have a value of about 50% of the construction work value of each corresponding project/item (A1, A2, A3...) in the bidding package being considered. For specialized jobs or in localities where the bidder's capacity is still limited, the values of V1, V2, V3... can be required to be between 40% - 50% of the construction work value of projects/items A1, A2, A3...
- The evaluation of the values of the projects/items that the bidder has executed will be based on the completed and accepted value of that project/item. The time of confirmation for project/item completion to determine similar projects/items is the time of acceptance of the project/item, not based on the time of signing the contract.
(Two projects with lower grades adjacent to the grade of the project being considered, where the completion value of each project of lower grade is equal to or greater than 50% of the construction work value of the project being considered shall be evaluated as a similar construction project).
- The similar projects/items that the bidder has completed may belong to one or more contracts (contracts may still be ongoing, not yet liquidated).
- For bidding packages consisting of multiple projects according to the construction law, the Investor may require completion of similar projects/items for all projects/items in the bidding package or only require completion of similar projects/items for some main projects/items. If there are multiple projects with the same structure type, then only similar project/item requirements apply to the same structure type with the highest project grade. Projects/items that the bidder has completed with the same structure type and have a project grade higher than the project grade of the bidding package being considered shall be deemed to meet the requirements for structure type and project grade.
For example: For the bidding package construction of "High School A", which includes a combination of projects:
+ Building A1 (Classroom): 10 floors, total floor area 5,000 m2, with a value according to the approved estimate of (X) VND. Building A1 is a type II structure according to the regulations of Circular No. 06/2021/TT-BXD.
+ Building A2 (Classroom): 6 floors, total floor area 1,000 m2, with a value according to the approved estimate of (Y) VND. Building A2 is a type III structure according to the regulations of Circular No. 06/2021/TT-BXD.
+ Security fence: 3 m high
+ Guardhouse: 1 floor, floor area 12 m2
In the Electronic Bidding Document, it may be stipulated that similar construction experience is: “the bidder has completed the construction project of a building, a type II structure, with a minimum value of 50% x (X) VND” without requiring the bidder to have experience in executing both building A2 (type III structure), security fence, and guardhouse.
Based on the scale and nature of the bidding package, similar conditions regarding the field may be required.
Table 02: Requirements for Key Personnel (Webform on the System)
| No. | Job Position | Quantity | Experience in Similar Work | Certificates, Professional Qualifications(1) |
| 1 | minimum__years or minimum___contracts | |||
| 2 | minimum__years or minimum___contracts | |||
| … | ||||
| n |
Note:
(1) Only applicable in cases where specialized laws require qualifications/certifications.
b) Main Construction Equipment Expected to be Mobilized for the Bid Package
Based on the regulations of the construction law, the Investor and the Bid Inviter set out requirements for the main construction equipment expected to be mobilized and the quantity to implement the bid package accordingly. Only the primary construction equipment for specialized, specific equipment that is mandatory for the execution of the bid package shall be specified. The main construction equipment may belong to the bidder or may be mobilized by the bidder.
In case the main construction equipment declared by the bidder in the Electronic Bid Documents does not meet the requirements or does not demonstrate the ability to mobilize equipment (including cases where the equipment has been mobilized for another contract with overlapping working time with this bid package), the bid inviter allows the bidder to supplement or replace. The bidder is only allowed to supplement or replace once for each piece of equipment within a suitable time frame, but not less than 03 working days. If the bidder does not have alternative equipment that meets the Electronic Bidding Document requirements, they will be disqualified. In any case, if the bidder declares equipment untruthfully, the bidder cannot replace the equipment with another one, the bidder's Electronic Bid Documents will be disqualified, and the bidder will be considered to have committed fraud according to the provisions of Clause 4, Article 16 of the Bidding Law and will be dealt with according to the regulations at Point a, Clause 1, Article 125 of Decree No. 24/2024/ND-CP.
Requirements for the main construction equipment are digitized in the form of a Webform on the System. The bidder must provide detailed information about the main construction equipment proposed according to Template No. 6D, Chapter IV to demonstrate that they have sufficient equipment meeting the following requirements:
(1) Only applicable in cases where specialized laws require qualifications/certifications.
b) Main Construction Equipment Expected to be Mobilized for the Bid Package
Based on the regulations of the construction law, the Investor and the Bid Inviter set out requirements for the main construction equipment expected to be mobilized and the quantity to implement the bid package accordingly. Only the primary construction equipment for specialized, specific equipment that is mandatory for the execution of the bid package shall be specified. The main construction equipment may belong to the bidder or may be mobilized by the bidder.
In case the main construction equipment declared by the bidder in the Electronic Bid Documents does not meet the requirements or does not demonstrate the ability to mobilize equipment (including cases where the equipment has been mobilized for another contract with overlapping working time with this bid package), the bid inviter allows the bidder to supplement or replace. The bidder is only allowed to supplement or replace once for each piece of equipment within a suitable time frame, but not less than 03 working days. If the bidder does not have alternative equipment that meets the Electronic Bidding Document requirements, they will be disqualified. In any case, if the bidder declares equipment untruthfully, the bidder cannot replace the equipment with another one, the bidder's Electronic Bid Documents will be disqualified, and the bidder will be considered to have committed fraud according to the provisions of Clause 4, Article 16 of the Bidding Law and will be dealt with according to the regulations at Point a, Clause 1, Article 125 of Decree No. 24/2024/ND-CP.
Requirements for the main construction equipment are digitized in the form of a Webform on the System. The bidder must provide detailed information about the main construction equipment proposed according to Template No. 6D, Chapter IV to demonstrate that they have sufficient equipment meeting the following requirements:
Table 03: Requirements for Main Construction Equipment (Webform on the System)
| No. | Type of Equipment and Equipment Characteristics | Minimum Quantity Required |
| 1 | ||
| 2 | ||
| 3 | ||
| … |
In the event that the bidder wins the bid and signs the contract, the bidder is obligated to mobilize key personnel and the main construction equipment as initially proposed or propose changes in accordance with the provisions of this Section. If they fail to mobilize the key personnel or main construction equipment, the bidder will face penalties under the contract and be evaluated negatively regarding their reputation when participating in other bid packages.
2.3. Special Subbidders (if any):
The Investor and the Bid Inviter will only consider and evaluate the technical capacity and experience of the special subbidders for the specialized work for which the use of special subbidders is permitted under Section 30.5 of the Electronic Content Delivery Network Technology. The specific experience and financial resources of the special subbidder will not be added to the bidder's experience and resources when assessing the bidder's qualifications. The proposed special subbidder must have sufficient experience and technical capacity to carry out the work and must meet the following criteria:____[list the criteria and evaluation standards for the special subbidder].
Section 3. Evaluation Criteria for Technical Capacity
Use either pass/fail criteria or a scoring method to establish technical evaluation criteria.
The technical evaluation criteria should be developed based on the contents specified in Chapter V, the information on the bidder's performance results according to the provisions of Articles 17 and 18 of Decree No. 24/2024/ND-CP, and other requirements stated in the Electronic Bidding Document. Depending on each specific bid package, the Electronic Bidding Document must specify the criteria used as the basis for technical evaluation, including:
- The feasibility and practicality of technical solutions and construction organization measures that are consistent with the proposed construction schedule;
- Construction schedule;
- Project management methods, including project management organization and site management;
- Quality assurance measures; ensuring sanitary and environmental conditions and other conditions such as fire prevention, fire fighting, and occupational safety;
- Degree of compliance with warranty and maintenance requirements;
- Environmental friendliness factors (if any), including the use of materials, construction methods, equipment, technology, and other factors (if any);
- Information about the results of implementing construction contracts, EPC, EC, PC of the bidder according to the provisions of Articles 17 and 18 of Decree No. 24/2024/ND-CP;
- Other necessary factors.
Unless specified otherwise due to the nature of the bid package, the Electronic Bidding Document requires the bidder to adhere to the construction methods stated in the Electronic Bidding Document, the Electronic Bidding Document should stipulate that the bidder is allowed to propose different construction methods from those mentioned in the Electronic Bidding Document.
The bidder may attach the construction activity capability certificate or choose not to attach this certificate in the Electronic Bid Documents, even if the Electronic Bidding Document requires the bidder to possess this certificate. The absence of the construction activity capability certificate will not be grounds for disqualifying the bidder. The bidder's Electronic Bid Documents will still be considered, evaluated, and approved for bidding. In the event of winning the bid, the bidder must present the construction activity capability certificate before signing the contract.
3.1. Evaluation according to the scoring method[3]:
In cases where a scoring method is used, minimum and maximum points must be specified for each general criterion. A minimum point requirement may be set for basic detailed criteria within the general criteria; minimum points should not be established for non-basic detailed criteria.
Based on the scale and nature of the bid package to stipulate the minimum and maximum points for each general criterion. The required minimum point must not be less than 70% of the total technical score. For bid packages that need to focus on technical and price factors, the investor may stipulate that the required minimum technical score is not less than 80% of the maximum total technical score. Electronic Bid Documents with a total score (as well as the score of some general criteria) that meets or exceeds the required minimum score will be evaluated as meeting the technical requirements and will proceed to financial consideration.
The technical score for each general criterion is calculated based on the technical scores of the detailed criteria using the following formula:
Where:
tji = technical score of the detailed criterion “i” in the general criterion “j”;
wji = weight of the detailed criterion “i” in the general criterion “j”;
k= number of detailed criteria in the general criterion “j”, and
The total technical score is calculated using the following formula:
Where:
Sj = technical score of the general criterion “j”,
Wj = weight of the general criterion “j”,
n = number of general criteria, and
3.2. Evaluation according to the pass/fail method[4]:
In cases using the pass/fail method, for the overall evaluation criteria, only pass/fail criteria are used. Based on the scale and nature of the bid package, the level of requirements for each content will be determined. For the basic detailed criteria in the general criteria, only pass/fail criteria will be used; for non-basic detailed criteria in the general criteria, in addition to the pass/fail criteria, acceptable criteria can be applied but must not exceed 30% of the total detailed criteria in that general criterion. The general criterion is considered met when all basic detailed criteria are rated as pass and the non-basic detailed criteria are rated as pass or acceptable.
Electronic Bid Documents is assessed as meeting the technical requirements when all general criteria are rated as pass.
4. Evaluation criteria for Electronic Financial Proposal Document
Depending on the nature and scale of each specific bid package, one of the following methods should be chosen accordingly:
4.1. Lowest price method[5]:
The method for determining the lowest price is as follows:
Step 1. Determine the bid price;
Step 2. Adjust for surplus discrepancies (implemented according to the provisions of Section 31 Electronic Content Delivery Network Technology);
Step 3. Determine the bid price after adjusting for surplus discrepancies (if any), subtract the discount value (if any);
Step 4. Determine any preferences (if any) according to the provisions of Section 32 Electronic Content Delivery Network Technology
Step 5. Rank the bidders: Electronic Bid Documents with the bid price after adjusting for surplus discrepancies (if any), subtracting the discount value (if any), and after preferences (if any) that is the lowest will be ranked first.
4.2. Evaluation price method[6]:
The method for determining the evaluation price is as follows:
Step 1. Determine the bid price;
Step 2. Adjust for surplus discrepancies (implemented according to the provisions of Section 31 Electronic Content Delivery Network Technology);
Step 3. Determine the bid price after adjusting for surplus discrepancies (if any), subtracting the discount value (if any);
Step 4. Determine the evaluation price:
The evaluation price is determined according to the following formula:
GĐG = G ± ΔG + ΔƯĐ
Where:
- G = (bid price ± adjusted surplus value) - discount value (if any);
- ΔƯĐ is the preferences determined according to the provisions of Section 32 Electronic Content Delivery Network Technology;
- ΔG is the value of factors reduced to a uniform basis for the entire life cycle of the works, including:
+ Project completion schedule;
+ Life cycle costs throughout the entire use of the project;
+ Interest costs (if any);
+ Sustainable bidding factors (if any);
+ Information on the results of contract implementation for construction bids, EPC, EC, PC by the bidder according to the provisions of Article 17 and Article 18 of Decree No. 24/2024/NĐ-CP;
+ Other factors (if any).
1. Project completion schedule:
The project must be completed within the time frame according to the project completion schedule stipulated in the Electronic Bidding Document. If the bidder proposes an earlier completion time than stipulated in the Electronic Bidding Document, it will not be given priority; if the bidder proposes a later completion time than this period, the bidder's Electronic Bid Documents will be disqualified.
If the Investor or the Bidding Party can quantify the advantage of a day when the project is put into use early (within the time frame according to the project completion schedule) as A, this factor will be used in the evaluation price formula. If the bidder completes the project later than the earliest completion date by X days (but still within the time frame according to the project completion schedule), an amount of A x X will be added to the bid price of this bidder for comparison and ranking.
2. Life cycle costs should be used when the costs for operation and maintenance during the life cycle of the project are significant compared to the construction costs and may differ between Electronic Bid Documentss. Life cycle costs will be evaluated based on net present value. If life cycle costs are applied, the following factors may be considered for comparison and ranking purposes:
- Number of years calculating life cycle costs: ___ [specify the number of years];
- Discount rate for calculating net present value for operating and maintenance costs: ____ [specify the discount rate];
- Annual operating and maintenance costs throughout the life cycle of the project are determined as follows: ______ [specify how to determine];
- Other factors as required by the Investor;
3. Sustainable bidding (if any): _____ [this content may be specified if there is a requirement in Section 3 of this Chapter. In this case, the investor needs to quantify the monetary value of a deviation unit of parameters, indicators related to environmental and social friendliness compared to the minimum required level. In the case of prioritizing products and services with certified eco-labels, energy labels, and equivalents, specific regulations are needed];
4. Information about the results of the construction contract execution, EPC, EC, PC by the bidder as stipulated in Article 18 and Article 19 of Decree No. 24/2024/NĐ-CP;
5. Other factors (if any).
Step 5. Determine incentives (if any) according to the provisions in Section 32 Electronic Content Delivery Network Technology
Step 6. Ranking bidders: Electronic Bid Documents with the lowest evaluated price after applying incentives is ranked first.
4.3. Method of combining technique and price[7]:
When applying this method, the evaluation criteria for technique must use a scoring method. A unified scoring scale (T) must be used with the technical scoring scale to determine the price score. T is the maximum technical score defined in Section 3.1 of this Chapter.
The comprehensive evaluation criteria are constructed based on the combination of technique and price. Depending on the scale and nature of each bidding package, it is necessary to determine the weight of technical points and the weight of price points to ensure that the weight of technical points plus the weight of price points equals 100%, in which the weight of technical points (K) is from 10% to 30%, and the weight of price points (T) is from 70% to 90%.
Step 1. Determine the bidding price;
Step 2. Adjust excess deviations (performed according to the provisions in Section 31 Electronic Content Delivery Network Technology);
Step 3. Determine the bidding price after adjusting excess deviations (if any), minus the discount value (if any);
Step 4. Determine the comprehensive score:
The comprehensive score is determined as follows:
2.3. Special Subbidders (if any):
The Investor and the Bid Inviter will only consider and evaluate the technical capacity and experience of the special subbidders for the specialized work for which the use of special subbidders is permitted under Section 30.5 of the Electronic Content Delivery Network Technology. The specific experience and financial resources of the special subbidder will not be added to the bidder's experience and resources when assessing the bidder's qualifications. The proposed special subbidder must have sufficient experience and technical capacity to carry out the work and must meet the following criteria:____[list the criteria and evaluation standards for the special subbidder].
Section 3. Evaluation Criteria for Technical Capacity
Use either pass/fail criteria or a scoring method to establish technical evaluation criteria.
The technical evaluation criteria should be developed based on the contents specified in Chapter V, the information on the bidder's performance results according to the provisions of Articles 17 and 18 of Decree No. 24/2024/ND-CP, and other requirements stated in the Electronic Bidding Document. Depending on each specific bid package, the Electronic Bidding Document must specify the criteria used as the basis for technical evaluation, including:
- The feasibility and practicality of technical solutions and construction organization measures that are consistent with the proposed construction schedule;
- Construction schedule;
- Project management methods, including project management organization and site management;
- Quality assurance measures; ensuring sanitary and environmental conditions and other conditions such as fire prevention, fire fighting, and occupational safety;
- Degree of compliance with warranty and maintenance requirements;
- Environmental friendliness factors (if any), including the use of materials, construction methods, equipment, technology, and other factors (if any);
- Information about the results of implementing construction contracts, EPC, EC, PC of the bidder according to the provisions of Articles 17 and 18 of Decree No. 24/2024/ND-CP;
- Other necessary factors.
Unless specified otherwise due to the nature of the bid package, the Electronic Bidding Document requires the bidder to adhere to the construction methods stated in the Electronic Bidding Document, the Electronic Bidding Document should stipulate that the bidder is allowed to propose different construction methods from those mentioned in the Electronic Bidding Document.
The bidder may attach the construction activity capability certificate or choose not to attach this certificate in the Electronic Bid Documents, even if the Electronic Bidding Document requires the bidder to possess this certificate. The absence of the construction activity capability certificate will not be grounds for disqualifying the bidder. The bidder's Electronic Bid Documents will still be considered, evaluated, and approved for bidding. In the event of winning the bid, the bidder must present the construction activity capability certificate before signing the contract.
3.1. Evaluation according to the scoring method[3]:
In cases where a scoring method is used, minimum and maximum points must be specified for each general criterion. A minimum point requirement may be set for basic detailed criteria within the general criteria; minimum points should not be established for non-basic detailed criteria.
Based on the scale and nature of the bid package to stipulate the minimum and maximum points for each general criterion. The required minimum point must not be less than 70% of the total technical score. For bid packages that need to focus on technical and price factors, the investor may stipulate that the required minimum technical score is not less than 80% of the maximum total technical score. Electronic Bid Documents with a total score (as well as the score of some general criteria) that meets or exceeds the required minimum score will be evaluated as meeting the technical requirements and will proceed to financial consideration.
The technical score for each general criterion is calculated based on the technical scores of the detailed criteria using the following formula:
Where:
tji = technical score of the detailed criterion “i” in the general criterion “j”;
wji = weight of the detailed criterion “i” in the general criterion “j”;
k= number of detailed criteria in the general criterion “j”, and
The total technical score is calculated using the following formula:
Where:
Sj = technical score of the general criterion “j”,
Wj = weight of the general criterion “j”,
n = number of general criteria, and
3.2. Evaluation according to the pass/fail method[4]:
In cases using the pass/fail method, for the overall evaluation criteria, only pass/fail criteria are used. Based on the scale and nature of the bid package, the level of requirements for each content will be determined. For the basic detailed criteria in the general criteria, only pass/fail criteria will be used; for non-basic detailed criteria in the general criteria, in addition to the pass/fail criteria, acceptable criteria can be applied but must not exceed 30% of the total detailed criteria in that general criterion. The general criterion is considered met when all basic detailed criteria are rated as pass and the non-basic detailed criteria are rated as pass or acceptable.
Electronic Bid Documents is assessed as meeting the technical requirements when all general criteria are rated as pass.
4. Evaluation criteria for Electronic Financial Proposal Document
Depending on the nature and scale of each specific bid package, one of the following methods should be chosen accordingly:
4.1. Lowest price method[5]:
The method for determining the lowest price is as follows:
Step 1. Determine the bid price;
Step 2. Adjust for surplus discrepancies (implemented according to the provisions of Section 31 Electronic Content Delivery Network Technology);
Step 3. Determine the bid price after adjusting for surplus discrepancies (if any), subtract the discount value (if any);
Step 4. Determine any preferences (if any) according to the provisions of Section 32 Electronic Content Delivery Network Technology
Step 5. Rank the bidders: Electronic Bid Documents with the bid price after adjusting for surplus discrepancies (if any), subtracting the discount value (if any), and after preferences (if any) that is the lowest will be ranked first.
4.2. Evaluation price method[6]:
The method for determining the evaluation price is as follows:
Step 1. Determine the bid price;
Step 2. Adjust for surplus discrepancies (implemented according to the provisions of Section 31 Electronic Content Delivery Network Technology);
Step 3. Determine the bid price after adjusting for surplus discrepancies (if any), subtracting the discount value (if any);
Step 4. Determine the evaluation price:
The evaluation price is determined according to the following formula:
GĐG = G ± ΔG + ΔƯĐ
Where:
- G = (bid price ± adjusted surplus value) - discount value (if any);
- ΔƯĐ is the preferences determined according to the provisions of Section 32 Electronic Content Delivery Network Technology;
- ΔG is the value of factors reduced to a uniform basis for the entire life cycle of the works, including:
+ Project completion schedule;
+ Life cycle costs throughout the entire use of the project;
+ Interest costs (if any);
+ Sustainable bidding factors (if any);
+ Information on the results of contract implementation for construction bids, EPC, EC, PC by the bidder according to the provisions of Article 17 and Article 18 of Decree No. 24/2024/NĐ-CP;
+ Other factors (if any).
1. Project completion schedule:
The project must be completed within the time frame according to the project completion schedule stipulated in the Electronic Bidding Document. If the bidder proposes an earlier completion time than stipulated in the Electronic Bidding Document, it will not be given priority; if the bidder proposes a later completion time than this period, the bidder's Electronic Bid Documents will be disqualified.
If the Investor or the Bidding Party can quantify the advantage of a day when the project is put into use early (within the time frame according to the project completion schedule) as A, this factor will be used in the evaluation price formula. If the bidder completes the project later than the earliest completion date by X days (but still within the time frame according to the project completion schedule), an amount of A x X will be added to the bid price of this bidder for comparison and ranking.
2. Life cycle costs should be used when the costs for operation and maintenance during the life cycle of the project are significant compared to the construction costs and may differ between Electronic Bid Documentss. Life cycle costs will be evaluated based on net present value. If life cycle costs are applied, the following factors may be considered for comparison and ranking purposes:
- Number of years calculating life cycle costs: ___ [specify the number of years];
- Discount rate for calculating net present value for operating and maintenance costs: ____ [specify the discount rate];
- Annual operating and maintenance costs throughout the life cycle of the project are determined as follows: ______ [specify how to determine];
- Other factors as required by the Investor;
3. Sustainable bidding (if any): _____ [this content may be specified if there is a requirement in Section 3 of this Chapter. In this case, the investor needs to quantify the monetary value of a deviation unit of parameters, indicators related to environmental and social friendliness compared to the minimum required level. In the case of prioritizing products and services with certified eco-labels, energy labels, and equivalents, specific regulations are needed];
4. Information about the results of the construction contract execution, EPC, EC, PC by the bidder as stipulated in Article 18 and Article 19 of Decree No. 24/2024/NĐ-CP;
5. Other factors (if any).
Step 5. Determine incentives (if any) according to the provisions in Section 32 Electronic Content Delivery Network Technology
Step 6. Ranking bidders: Electronic Bid Documents with the lowest evaluated price after applying incentives is ranked first.
4.3. Method of combining technique and price[7]:
When applying this method, the evaluation criteria for technique must use a scoring method. A unified scoring scale (T) must be used with the technical scoring scale to determine the price score. T is the maximum technical score defined in Section 3.1 of this Chapter.
The comprehensive evaluation criteria are constructed based on the combination of technique and price. Depending on the scale and nature of each bidding package, it is necessary to determine the weight of technical points and the weight of price points to ensure that the weight of technical points plus the weight of price points equals 100%, in which the weight of technical points (K) is from 10% to 30%, and the weight of price points (T) is from 70% to 90%.
Step 1. Determine the bidding price;
Step 2. Adjust excess deviations (performed according to the provisions in Section 31 Electronic Content Delivery Network Technology);
Step 3. Determine the bidding price after adjusting excess deviations (if any), minus the discount value (if any);
Step 4. Determine the comprehensive score:
The comprehensive score is determined as follows:
| Glowest Technical scorebeing considered Comprehensive evaluation criteria being considered = ( ___________  T + _________________________  K) x 100Gbeing considered Technical scorehighest |
Where:
- Technical scorebeing considered: is the score determined at the technical evaluation step of the bidding document being considered;
- Highest technical score: is the highest technical score among the bidding documents that meet the technical requirements;
- G lowest: is the bidding price after error correction, adjustment of deviations minus the discount value (if any) that is the lowest among the bidding documents that meet the technical requirements;
- Gbeing considered: is the bidding price after error correction, adjustment of deviations minus the discount value (if any) of the bidding document being considered;
- K: Weight of technical points specified in the comprehensive scoring scale;
- T: Weight of price points specified in the comprehensive scoring scale;
- K + T = 100%. The weight of technical points (K) and price points (T) must be specifically determined in Electronic Bidding Document.
Step 5. Determine incentives (if any) according to the provisions in Section 32 Electronic Content Delivery Network Technology.
Step 6. Ranking bidders: Electronic Bid Documents with the highest comprehensive score after applying incentives (if any) is ranked first.
Section 5. Alternative technical solutions in Electronic Bid Documents (if any)
In cases where bidders are allowed to propose alternative technical solutions as stipulated in Section 12 Electronic Content Delivery Network Technology, Electronic Bid Documents will be evaluated as follows:_____[list the criteria and standards for evaluating alternative technical solutions]
- Technical scorebeing considered: is the score determined at the technical evaluation step of the bidding document being considered;
- Highest technical score: is the highest technical score among the bidding documents that meet the technical requirements;
- G lowest: is the bidding price after error correction, adjustment of deviations minus the discount value (if any) that is the lowest among the bidding documents that meet the technical requirements;
- Gbeing considered: is the bidding price after error correction, adjustment of deviations minus the discount value (if any) of the bidding document being considered;
- K: Weight of technical points specified in the comprehensive scoring scale;
- T: Weight of price points specified in the comprehensive scoring scale;
- K + T = 100%. The weight of technical points (K) and price points (T) must be specifically determined in Electronic Bidding Document.
Step 5. Determine incentives (if any) according to the provisions in Section 32 Electronic Content Delivery Network Technology.
Step 6. Ranking bidders: Electronic Bid Documents with the highest comprehensive score after applying incentives (if any) is ranked first.
Section 5. Alternative technical solutions in Electronic Bid Documents (if any)
In cases where bidders are allowed to propose alternative technical solutions as stipulated in Section 12 Electronic Content Delivery Network Technology, Electronic Bid Documents will be evaluated as follows:_____[list the criteria and standards for evaluating alternative technical solutions]
Chapter IV. BID INVITATION AND BID DOCUMENTS
| No | Form | Implementation method | Responsibility for implementation | ||
| Investor | bidder | ||||
| 1 | Form No. 01A. List of work items (applies to lump-sum contracts) | Webform | X | ||
| 2 | Form No. 01B. List of work items (applies to fixed unit price contracts) | X | |||
| 3 | Form No. 01C. List of work items (applies to adjusted unit price contracts) | X | |||
| 4 | Form No. 01D. List of work items (applies to output-based contracts) | X | |||
| 5 | Form No. 01E. List of work items (applies to mixed contracts) | X | |||
| 6 | Form No. 01F. Implementation schedule | X | |||
| I | Electronic Technical Proposal Document | ||||
| 7 | Form No. 02. Bid proposal (under Electronic Technical Proposal Document) | Webform | X | ||
| 8 | Form No. 03. PARTNERSHIP agreement | X | |||
| 9 | Form No. 04A. Bid Guarantee (applies in case of independent bidders) | Scan and attach or electronic guarantee | X | ||
| 10 | Form No. 04B. Bid Guarantee (applies in case of PARTNERSHIP bidders) | X | |||
| 11 | Form No. 05. Similar contracts executed by the bidder | Webform | X | ||
| 12 | Form No. 06A. Key Personnel Proposal Table | X | |||
| 13 | Form No. 06B. Professional background of key personnel | X | |||
| 14 | Form No. 06C. Experience Declaration Table | X | |||
| 15 | Form No. 06D. Declaration of main construction equipment | X | |||
| 16 | Form No. 07. Construction contract, EPC, EC, PC, turnkey not completed in the past | X | |||
| 17 | Form No. 08A. Financial status of the bidder | X | |||
| 18 | Form No. 08B. Financial resources | X | |||
| 19 | Form No. 08C. Monthly financial resources for ongoing contracts | X | |||
| 20 | Form No. 09A. Scope of work using subbidders | X | |||
| 21 | Form No. 09B. Declaration of special subbidders | X | |||
| 22 | Form No. 09C. List of subsidiaries and member companies undertaking part of the contract work | X | |||
| 23 | Form No. 10. Implementation Schedule Table | X | |||
| II | Electronic Financial Proposal Document | ||||
| 24 | Form No. 11A. Summary of bid prices (applies to lump-sum contracts) | Webform | X | ||
| 25 | Form No. 11B. Summary of bid prices (applies to fixed unit price contracts) | X | |||
| 26 | Form No. 11C. Summary of bid prices (applies to adjusted unit price contracts) | X | |||
| 27 | Form No. 11D. Summary of bid prices (applies to output-based contracts) | X | |||
| 28 | Form No. 11E. Summary of bid prices (applies to mixed contracts) | X | |||
| 29 | Form No. 12A. Daily Record Table | X | X | ||
| 30 | Form No. 12B. Table of Estimated Provisions | X | X | ||
| 29 | Form No. 12C. Adjustment Data Table | X | X | ||
| 30 | Form No. 13. Bid Document (part of Electronic Financial Proposal Document) | X | |||
Form No. 01A (Webform on the System)
LIST OF WORK ITEMS(1)
(Applicable for lump-sum contracts)
(Applicable for lump-sum contracts)
| No. | Description of Work(2) | Reference Quantity(3) | Unit of Measurement |
(1), (3) The list of work items and quantities is for reference only; the bidder is responsible for accurately defining the work items according to the design and technical requirements in Chapter V. After finalizing the work items and quantities per the design, the bidder will quote for each item according to Form No. 11A of this Chapter.
(2) Refer to the corresponding content specified in Chapter V.
Form No. 01B (Webform on the System)
LIST OF WORK ITEMS
(Applicable for fixed-price contracts)
(Applicable for fixed-price contracts)
The investor lists the construction items related to the bidding package as follows:
| No. | Description of Bidding Work | Technical Requirements/Main Technical Instructions | Bidding Quantity | Unit of Measurement | |
| (1) | (2) | (3) | (4) | (5) | |
| I | Items | ||||
| 1 | Item 1 | ||||
| 2 | Item 2 | ||||
| … | … | ||||
| II | Contingency Costs(*) | ||||
| Contingency costs for additional quantities: | b1% |
(1), (2), (4), (5) The investor lists the names of the items, specific tasks for each item, unit of measurement, and quantity for the bidder to base their bid on.
(3) The investor specifies references to the corresponding technical requirements/instructions to implement the respective tasks in Chapter V of the Electronic Bidding Document or in the technical instruction documents (name of the item, page number, volume number…) to facilitate the bidder's review and study of the technical requirements/instructions as a basis for their bid.
(*) Contingency costs: in the Electronic Bidding Document, the percentage of contingency for additional quantities (b1%) must be clearly stated for the bidder to base their bid on. When participating in the bidding, the bidder must quote contingency costs for additional quantities at a value equal to the specified percentage (%) in the Electronic Bidding Document (b1%) multiplied by the costs of the items quoted by the bidder. Contingency costs can only be used when there is an actual increase in work quantity.
(3) The investor specifies references to the corresponding technical requirements/instructions to implement the respective tasks in Chapter V of the Electronic Bidding Document or in the technical instruction documents (name of the item, page number, volume number…) to facilitate the bidder's review and study of the technical requirements/instructions as a basis for their bid.
(*) Contingency costs: in the Electronic Bidding Document, the percentage of contingency for additional quantities (b1%) must be clearly stated for the bidder to base their bid on. When participating in the bidding, the bidder must quote contingency costs for additional quantities at a value equal to the specified percentage (%) in the Electronic Bidding Document (b1%) multiplied by the costs of the items quoted by the bidder. Contingency costs can only be used when there is an actual increase in work quantity.
Form No. 01C (Webform on the System)
ITEMIZED WORK TABLE
(For fixed unit price contracts)
(For fixed unit price contracts)
The investor lists the construction items related to the implementation of the bidding package as follows:
| No. | Description of Bidding Work | Technical Requirements/Main Technical Instructions | Quantity Bidding | Unit | |
| (1) | (2) | (3) | (4) | (5) | |
| I | Items | ||||
| 1 | Item 1 | ||||
| 2 | Item 2 | ||||
| … | … | ||||
| II | Contingency Costs(*) | ||||
| 1 | Contingency costs for additional quantities and inflation contingency: | b2% |
(1), (2), (4), (5) The investor lists the names of the items, specific tasks for each item, unit of measurement, and quantity for the bidder to base their bid on.
(3) The investor specifies references to the corresponding technical requirements/instructions to implement the respective tasks in Chapter V of the Electronic Bidding Document or in the technical instruction documents (name of the item, page number, volume number…) to facilitate the bidder's review and study of the technical requirements/instructions as a basis for their bid.
(*) Contingency costs:
In the Electronic Bidding Document, the percentage of contingency for additional quantities and inflation (b2%) must be clearly stated for the bidder to base their bid on. When participating in the bidding, the bidder must quote contingency costs for additional quantities and inflation contingency at a value equal to the specified percentage (%) in the Electronic Bidding Document (b2%) multiplied by the costs of the items quoted by the bidder. Contingency costs can only be used when there is an actual increase in work quantity or inflation.
(3) The investor specifies references to the corresponding technical requirements/instructions to implement the respective tasks in Chapter V of the Electronic Bidding Document or in the technical instruction documents (name of the item, page number, volume number…) to facilitate the bidder's review and study of the technical requirements/instructions as a basis for their bid.
(*) Contingency costs:
In the Electronic Bidding Document, the percentage of contingency for additional quantities and inflation (b2%) must be clearly stated for the bidder to base their bid on. When participating in the bidding, the bidder must quote contingency costs for additional quantities and inflation contingency at a value equal to the specified percentage (%) in the Electronic Bidding Document (b2%) multiplied by the costs of the items quoted by the bidder. Contingency costs can only be used when there is an actual increase in work quantity or inflation.
Form No. 01D (Webform on the System)
ITEMIZED WORK LIST
(For output-based contract types)
(For output-based contract types)
| No. | Description of Bid Tasks | Technical Requirements/Main Technical Instructions | Bid Quantity | Unit of Measurement |
| (1) | (2) | (3) | (4) | (5) |
| 1 | Item 1 | |||
| 2 | Item 2 | |||
| … | … |
Notes:
(1), (2), (4), (5) The investor lists the names of the items, specific tasks, quantities, and units of measurement for the bidder to base their bid on.
(3) The investor specifies references to the corresponding technical requirements/instructions to implement the respective tasks in Chapter V of the Electronic Bidding Document or in the technical instruction documents (name of the item, page number, volume number…) to facilitate the bidder's review and study of the technical requirements/instructions as a basis for their bid.
Form No. 01E (Webform on the System)
ITEMIZED WORK LIST
(For mixed contract types)
(For mixed contract types)
The investor lists the relevant construction items to execute the bidding package as follows:
I. Items applying for the lump-sum contract(1)
| No. | Description of Work(2) | Reference Quantity(3) | Unit of Measurement |
Note:
(1), (3) The itemized work list and quantities are for reference only; the bidder is responsible for accurately determining the work items in accordance with the design and technical requirements in Chapter V. After accurately determining the work items and quantities according to the design, the bidder shall quote for each item according to Form No. 11E of this Chapter.
(2) Referencing the corresponding content specified in Chapter V.
II. Items applicable for fixed unit price contracts
(1), (3) The itemized work list and quantities are for reference only; the bidder is responsible for accurately determining the work items in accordance with the design and technical requirements in Chapter V. After accurately determining the work items and quantities according to the design, the bidder shall quote for each item according to Form No. 11E of this Chapter.
(2) Referencing the corresponding content specified in Chapter V.
II. Items applicable for fixed unit price contracts
| No. | Description of Bid Work | Technical Requirements/Main Technical Guidelines | Bid Quantity | Unit | |
| (1) | (2) | (3) | (4) | (5) | |
| I | Items | ||||
| 1 | Item 1 | ||||
| 2 | Item 2 | ||||
| … | … | ||||
| II | Contingency Costs(*) | ||||
| 1 | Contingency costs for additional quantities: | b1% |
Note:
(1), (2), (4), (5) The investor specifies the names of the items, specific tasks for each item, units of measurement, and quantities for the bidder to base their bid on.
(3) The investor specifies a reference to the corresponding content regarding technical requirements/technical instructions to perform the relevant work item in Chapter V Electronic Bidding Document or in the technical guidance documents (name of section, page number, volume number…) to facilitate the bidder in reviewing and studying the technical requirements/technical instructions as a basis for their bid.
(*) Contingency costs: in Electronic Bidding Document, the percentage of contingency for additional quantities (b1%) must be clearly stated for the bidder to base their bid. When participating in the bidding, the bidder must quote contingency costs for additional quantities equal to the percentage (%) specified in Electronic Bidding Document (b1%) multiplied by the costs of the items quoted by the bidder. Contingency costs can only be used when there is an actual increase in the work volume.
III. Items applicable for adjusted unit price contracts
(1), (2), (4), (5) The investor specifies the names of the items, specific tasks for each item, units of measurement, and quantities for the bidder to base their bid on.
(3) The investor specifies a reference to the corresponding content regarding technical requirements/technical instructions to perform the relevant work item in Chapter V Electronic Bidding Document or in the technical guidance documents (name of section, page number, volume number…) to facilitate the bidder in reviewing and studying the technical requirements/technical instructions as a basis for their bid.
(*) Contingency costs: in Electronic Bidding Document, the percentage of contingency for additional quantities (b1%) must be clearly stated for the bidder to base their bid. When participating in the bidding, the bidder must quote contingency costs for additional quantities equal to the percentage (%) specified in Electronic Bidding Document (b1%) multiplied by the costs of the items quoted by the bidder. Contingency costs can only be used when there is an actual increase in the work volume.
III. Items applicable for adjusted unit price contracts
| No. | Description of Bid Work | Technical Requirements/Main Technical Guidelines | Bid Quantity | Unit | |
| (1) | (2) | (3) | (4) | (5) | |
| I | Items | ||||
| 1 | Item 1 | ||||
| 2 | Item 2 | ||||
| … | … | ||||
| II | Contingency Costs(*) | ||||
| 1 | Contingency costs for additional quantities and price adjustment contingency (*): | b2% |
Note:
(1), (2), (4), (5) The investor specifies the names of the items, specific tasks for each item, units of measurement, and quantities for the bidder to base their bid on.
(3) The investor specifies a reference to the corresponding content regarding technical requirements/technical instructions to perform the relevant work item in Chapter V of Electronic Bidding Document or in the technical guidance documents (name of section, page number, volume number…) to facilitate the bidder in reviewing and studying the technical requirements/technical instructions as a basis for their bid.
(*) Contingency Costs:
In Electronic Bidding Document, the percentage of contingency for additional quantities and price adjustment (b2%) must be clearly stated for the bidder to base their bid. When participating in the bidding, the bidder must quote contingency costs for additional quantities and price adjustment costs equal to the percentage (%) specified in Electronic Bidding Document (b2%) multiplied by the costs of the items quoted by the bidder. Contingency costs can only be used when there is an actual increase in the work volume or price adjustment.
IV. Items applicable for output-based contracts
(1), (2), (4), (5) The investor specifies the names of the items, specific tasks for each item, units of measurement, and quantities for the bidder to base their bid on.
(3) The investor specifies a reference to the corresponding content regarding technical requirements/technical instructions to perform the relevant work item in Chapter V of Electronic Bidding Document or in the technical guidance documents (name of section, page number, volume number…) to facilitate the bidder in reviewing and studying the technical requirements/technical instructions as a basis for their bid.
(*) Contingency Costs:
In Electronic Bidding Document, the percentage of contingency for additional quantities and price adjustment (b2%) must be clearly stated for the bidder to base their bid. When participating in the bidding, the bidder must quote contingency costs for additional quantities and price adjustment costs equal to the percentage (%) specified in Electronic Bidding Document (b2%) multiplied by the costs of the items quoted by the bidder. Contingency costs can only be used when there is an actual increase in the work volume or price adjustment.
IV. Items applicable for output-based contracts
| No. | Description of Bid Work | Technical Requirements/Main Technical Guidelines | Bid Quantity | Unit |
| (1) | (2) | (3) | (4) | (5) |
| 1 | Item 1 | |||
| 2 | Item 2 | |||
| … | … |
Note:
(1), (2), (4), (5) The investor specifies the names of the items, specific tasks, quantities, and units of measurement for the bidder to base their bid on.
(3) The investor specifies a reference to the corresponding content regarding technical requirements/technical instructions to perform the relevant work item in Chapter V of Electronic Bidding Document or in the technical guidance documents (name of section, page number, volume number…) to facilitate the bidder in reviewing and studying the technical requirements/technical instructions as a basis for their bid.
Form No. 01F (Webform on the System)
IMPLEMENTATION SCHEDULE TABLE
| No. | Project | Location | Completion Time of the project | |
| Earliest completion time of the project [enter number of days from the contract effective date] | Latest completion time of the project [enter number of days from the contract effective date] | |||
| (1) | (2) | (3) | (4) | (5) |
Note:
(2): Extract the name of the bidding package.
(3): Enter the location where the bidding package is implemented.
(4): The investor fills in but ensures that the time in this column is less than the time in column (5).
(5): Extract the implementation time of the bidding package.
(2): Extract the name of the bidding package.
(3): Enter the location where the bidding package is implemented.
(4): The investor fills in but ensures that the time in this column is less than the time in column (5).
(5): Extract the implementation time of the bidding package.
Form No. 02 (webform on the System)
BID FORM (1)
(part of Electronic Technical Proposal Document)
(part of Electronic Technical Proposal Document)
Date: ___ [System automatically extracts]
Bid Package Name: ___ [System automatically extracts]
To: ___ [System automatically extracts]
After studying the Electronic Bidding Document, we:
- bidder Name: ___ [System automatically extracts], Tax Code: ___ [System automatically extracts]commits to implementing the bidding package ____ [System automatically extracts] Electronic Invitation To Bid number: ___ [System automatically extracts] as required in the Electronic Bidding Document.
Validity of the Electronic Bid Documents: ____ [System automatically extracts]
Bid Guarantee: ___ [ state the value in numbers, in words, and the currency of the bid guarantee]
Validity of the Bid Guarantee(2): ____ [state the period of validity from the bid closing date]
We commit to:
1. Not undergoing the process of dissolution or having their business registration certificate, cooperative registration certificate, cooperative union registration, or cooperative group registration revoked, and not being in a state of insolvency according to the law on bankruptcy (not in the process of ceasing operations or having their business registration certificate revoked if the bidder is a business household).
2. Not violating the regulations on ensuring competition in bidding.
3. Having fulfilled tax obligations for the most recent fiscal year compared to the bid closing date.
4. Not being under a ban from participating in bidding according to the provisions of the bidding law;
5. Not being prosecuted for criminal liability (the household head is not being prosecuted for criminal liability in the case that the bidder is a business household);
6. Within three years prior to the bid closing date, the bidder has not had personnel (under labor contracts with the bidder at the time the personnel engaged in violations) convicted by the court for violating the regulations on bidding causing serious consequences according to criminal law for the purpose of ensuring that the bidder wins the bid.(3)
7. Not engaging in acts of corruption, bribery, collusion, obstruction, and other violations of the bidding law when participating in this bidding package.
8. Meeting the regulations on enterprise classification as required by Electronic Bidding Document for bidding packages with a value not exceeding 5 billion VND.
9. The information declared in the Electronic Bid Documents is truthful.
10. In the event of winning the bid, the Electronic Bid Documents and supplementary documents that clarify the Electronic Bid Documents shall constitute a binding agreement between both parties until the contract is signed.
11. If our Electronic Bid Documents is accepted, we will implement measures to ensure the performance of the contract as stipulated in Section 40.1 Electronic Content Delivery Network Technology of the Electronic Bidding Document.
12. In the case that we do not submit the original bid guarantee as required by the Bidder stipulated in Section 18.5 Electronic Content Delivery Network Technology; if the value of the bid guarantee is less than 20 million VND, not submitting cash, bank draft, bid guarantee letter, or insurance guarantee certificate according to the provisions in Section 18.7 Electronic Content Delivery Network Technology, then we will be named on the System and our account will be locked for 06 months from the date the Bidding Management Department of the Ministry of Planning and Investment receives the request letter from the Investor.
Note:
- The bid is signed with the digital signature of the bidder when the bidder submits the Electronic Bid Documents.
- In cases where the value of the bid guarantee is less than 20 million VND, this content does not apply.
- Electronic Bidding Document does not require the bidder to submit a judicial record of personnel to substantiate this evaluation.
Form No. 03 (Webform on the System)
PARTNERSHIP AGREEMENT
Date: ___ [System automatically extracts]
Bid Package: [System automatically extracts ]
Part of the project/purchase estimate: ____ [System automatically extracts]
Based on (1) [System automatically extracts]
Based on(1) [System automatically extracts]
Based on Electronic Bidding Document Bid Package: ______ System automatically extracts] with the number Electronic Invitation To Bid:__ [System automatically extracts]
We, representing the parties signing the PARTNERSHIP agreement, include:
Name of the first PARTNERSHIP member:____ [System automatically extracts]
Tax Code: ___ [System automatically extracts];
Represented by Mr./Ms.:
Position:
Address:
Phone:
Name of the second PARTNERSHIP member:____ [System automatically extracts]
Tax Code: ___ [System automatically extracts];
Represented by Mr./Ms.:
Position:
Address:
Phone:
...
The parties (hereinafter referred to as members) agree to sign a PARTNERSHIP agreement with the following contents:
Article 1. General Principles
1. The members voluntarily form a PARTNERSHIP to participate in the bid for package____ [System automatically extracts] belonging to the project/purchase estimate ____ [System automatically extracts].
2. The members agree on the name of the PARTNERSHIP for all transactions related to this bid package as: ____ [Enter the name of the PARTNERSHIP].
3. The members commit that no member shall independently participate or form a PARTNERSHIP with other bidders to bid for this package. In the event of winning the bid, no member has the right to refuse to fulfill the responsibilities and obligations specified in the contract. If a member of the PARTNERSHIP refuses to complete their individual responsibilities as agreed, that member shall be handled as follows:
- Compensate for damages to the parties in the PARTNERSHIP;
- Compensate for damages to the Investor as specified in the contract;
- Other forms of handling ____ [specify the form of other handling].
Article 2. Assignment of Responsibilities
The members agree to assign responsibilities for implementing the package ____ [System automatically extracts] belonging to the project/purchase estimate ____ [System automatically extracts] for each member as follows:
1. Lead member of the PARTNERSHIP:
The parties agree to assign ____ [System automatically extracts PARTNERSHIP member] as the lead member of the PARTNERSHIP, representing the PARTNERSHIP in the following tasks(2):
- Use the account and digital certificate to submit the Electronic Bid Documents for the entire PARTNERSHIP.
[-Sign documents to communicate with the Investor, the Inviting Party during the bidding process, and documents for clarification or withdrawal of Electronic Bid Documents;
- Ensure the bid security for the entire PARTNERSHIP;
- Participate in document verification, negotiation, and contract finalization;
- Sign the petition in case the bidder has any requests;
- Other tasks except for signing the contract ____ [specify the content of other tasks (if any)].
2. The members in the PARTNERSHIP agree to assign responsibilities for performing tasks according to the table below(3):
Bid Package: [System automatically extracts ]
Part of the project/purchase estimate: ____ [System automatically extracts]
Based on (1) [System automatically extracts]
Based on(1) [System automatically extracts]
Based on Electronic Bidding Document Bid Package: ______ System automatically extracts] with the number Electronic Invitation To Bid:__ [System automatically extracts]
We, representing the parties signing the PARTNERSHIP agreement, include:
Name of the first PARTNERSHIP member:____ [System automatically extracts]
Tax Code: ___ [System automatically extracts];
Represented by Mr./Ms.:
Position:
Address:
Phone:
Name of the second PARTNERSHIP member:____ [System automatically extracts]
Tax Code: ___ [System automatically extracts];
Represented by Mr./Ms.:
Position:
Address:
Phone:
...
The parties (hereinafter referred to as members) agree to sign a PARTNERSHIP agreement with the following contents:
Article 1. General Principles
1. The members voluntarily form a PARTNERSHIP to participate in the bid for package____ [System automatically extracts] belonging to the project/purchase estimate ____ [System automatically extracts].
2. The members agree on the name of the PARTNERSHIP for all transactions related to this bid package as: ____ [Enter the name of the PARTNERSHIP].
3. The members commit that no member shall independently participate or form a PARTNERSHIP with other bidders to bid for this package. In the event of winning the bid, no member has the right to refuse to fulfill the responsibilities and obligations specified in the contract. If a member of the PARTNERSHIP refuses to complete their individual responsibilities as agreed, that member shall be handled as follows:
- Compensate for damages to the parties in the PARTNERSHIP;
- Compensate for damages to the Investor as specified in the contract;
- Other forms of handling ____ [specify the form of other handling].
Article 2. Assignment of Responsibilities
The members agree to assign responsibilities for implementing the package ____ [System automatically extracts] belonging to the project/purchase estimate ____ [System automatically extracts] for each member as follows:
1. Lead member of the PARTNERSHIP:
The parties agree to assign ____ [System automatically extracts PARTNERSHIP member] as the lead member of the PARTNERSHIP, representing the PARTNERSHIP in the following tasks(2):
- Use the account and digital certificate to submit the Electronic Bid Documents for the entire PARTNERSHIP.
[-Sign documents to communicate with the Investor, the Inviting Party during the bidding process, and documents for clarification or withdrawal of Electronic Bid Documents;
- Ensure the bid security for the entire PARTNERSHIP;
- Participate in document verification, negotiation, and contract finalization;
- Sign the petition in case the bidder has any requests;
- Other tasks except for signing the contract ____ [specify the content of other tasks (if any)].
2. The members in the PARTNERSHIP agree to assign responsibilities for performing tasks according to the table below(3):
| No. | Names of members in the PARTNERSHIP | Content of responsibilities | Percentage of responsibility value compared to total bid value |
| 1 | Lead member of the PARTNERSHIP (System automatically extracts) | - ___ - ___ | - ___% - ___% |
| 2 | Second member | - ___ - ___ | - ___% - ___% |
| .... | .... | .... | ...... |
| Total | All tasks of the package | 100% | |
1. The PARTNERSHIP agreement is effective from the date of signing.
2. The PARTNERSHIP agreement terminates in the following cases:
- The parties fulfill their responsibilities and obligations and proceed to liquidate the contract;
- The parties mutually agree to terminate;
- The PARTNERSHIP bidder does not win the bid;
- The bid for package ____ [System automatically extracts] related to the project/procurement estimate ____ [System automatically extracts] as notified by the Investor.
The PARTNERSHIP agreement is established with the approval of all members.
LEGAL REPRESENTATIVE OF THE LEAD MEMBER OF THE PARTNERSHIP
[confirmation, digital signature]
LEGAL REPRESENTATIVE OF THE PARTNERSHIP MEMBER
[confirmation, digital signature]
Note:
(1) The system automatically updates legal documents according to current regulations.
(2) The assignment of responsibilities includes one or more tasks as stated.
(3) The bidder must specify the specific tasks and the estimated corresponding value that each member in the PARTNERSHIP will perform, general responsibilities, and specific responsibilities of each member, including the lead member of the PARTNERSHIP.
The division of work in the PARTNERSHIP must be based on the items stated in the summary table of the bid price in Form No. 11 (11A or 11B or 11C or 11D or 11E) of this Chapter; tasks that do not fall under these items or do not belong to the production process of these items are not allowed.
Form No. 04A (Attached Scan)
BID BOND(1)
(applicable in the case of an independent bidder)
(applicable in the case of an independent bidder)
Beneficiary (The party receiving the guarantee): ___ [write the name and address of the Investor specified in Item 1.1 E-Bidding Documents List or the name of the Bidder specified in Item 5.1(c) E-Bidding Documents List]
Date of issuance of the guarantee: ___ [write the date of issuance of the guarantee]
BID BOND No: ___ [write the summary number of the Bid Bond]
Guarantor: ___ [write the name and address of the issuing place, if this information is not shown in the header of the printed paper]
We have been informed that the guaranteed party is _____ [write the name of the bidder] (hereinafter referred to as “bidder”) will participate in bidding to implement package _____ [write the name of the package] related to the project/procurement estimate ____ [write the name of the project/procurement estimate] according to Invitation to Bid/Electronic Invitation To Bid No.____ [write the summary number of Invitation to Bid/Electronic Invitation To Bid].
We commit to the Beneficiary that we guarantee the bidder with an amount of____ [write clearly the value in numbers, in words and the currency used].
This guarantee is valid for ___(2) days, from the date____ month___ year___(3).
At the request of the bidder, we, as the Guarantor, commit(4) to pay the Beneficiary an amount of____ [write clearly the value in numbers, in words and the currency used] upon receiving a notification from the Beneficiary about the bidder's violation in the following cases:
1. After the bid closing time and during the validity period of Electronic Bid Documents, the bidder submits a written withdrawal of Electronic Bid Documents or refuses to perform one or more tasks proposed in Electronic Bid Documents as required by Electronic Bidding Document;
2. The bidder violates the provisions of Article 16 of the Bidding Law or violates the law on bidding leading to bid cancellation as specified in points d and e of Clause 1, Article 17 of the Bidding Law;
3. The bidder does not implement the measures to ensure contract performance as specified in Article 68 of the Bidding Law;
4. The bidder does not proceed or refuses to verify documents, negotiate the contract (if any) within 05 working days from the date of receiving the invitation to verify documents, negotiate the contract (if any) or has verified the documents, negotiated the contract (if any) but refuses to finalize, sign the verification record of documents, negotiate the contract (if any), except in cases of force majeure;
5. The bidder does not proceed or refuses to finalize the contract within 10 days from the date of receiving the notification of winning the bid from the bidder, except in cases of force majeure;
6. The bidder does not proceed or refuses to sign the contract within 10 days from the date of completing the contract, except in cases of force majeure.
In the case of the bidder winning the bid, this guarantee will be invalidated immediately after the bidder signs the contract and submits the contract performance guarantee to the Beneficiary as per the agreement in that contract.
In the case of the bidder not winning the bid, this guarantee will be invalidated immediately after we receive a copy of the notification of the bidder selection results or within 30 days from the expiration date of Electronic Bid Documents, whichever comes first.
Any claim for compensation under this guarantee must be sent to our office before or on the last day of validity of this guarantee.
Legal representative of the bank
[write name, title, sign, and seal]
Note:
(1) In case the bid guarantee violates any of the regulations such as: having a lower value, a shorter validity period than required in Section 18.2 E-Bidding Documents List, incorrect name of the beneficiary, not being the original, lacking valid signatures, signing before the Investor issues Electronic Bidding Document, or includes conditions that disadvantage the Investor, the Bidder, the bid guarantee shall be considered invalid. This bid guarantee is an irrevocable bid guarantee. If necessary, for large-scale packages, to ensure the rights of the Investor, the Bidder in confiscating the value of the bid guarantee when the bidder violates the provisions stated in the Bid Guarantee, the Investor or the Bidder may request the bidder to provide documents to prove that the bid guarantee submitted in Electronic Bid Documents is an irrevocable bid guarantee.
(2) Write according to the regulations on the validity period in Section 18.2 E-Bidding Documents List.
(3) Write the date of the bid closing time as specified in Electronic Invitation To Bid. The validity period of the bid guarantee is calculated from the date of the bid closing time to the last valid date of the bid guarantee (the termination of the bid guarantee falls within the last day of the validity of the bid guarantee without needing to last until 24 hours of that day).
(4) In case the bid guarantee lacks one or more of the committed contents mentioned above, it will be deemed as a condition disadvantageous to the Investor, the Bidder according to the provisions in Section 18.3 Electronic Content Delivery Network Technology, and the guarantee letter will be considered invalid.
Date of issuance of the guarantee: ___ [write the date of issuance of the guarantee]
BID BOND No: ___ [write the summary number of the Bid Bond]
Guarantor: ___ [write the name and address of the issuing place, if this information is not shown in the header of the printed paper]
We have been informed that the guaranteed party is _____ [write the name of the bidder] (hereinafter referred to as “bidder”) will participate in bidding to implement package _____ [write the name of the package] related to the project/procurement estimate ____ [write the name of the project/procurement estimate] according to Invitation to Bid/Electronic Invitation To Bid No.____ [write the summary number of Invitation to Bid/Electronic Invitation To Bid].
We commit to the Beneficiary that we guarantee the bidder with an amount of____ [write clearly the value in numbers, in words and the currency used].
This guarantee is valid for ___(2) days, from the date____ month___ year___(3).
At the request of the bidder, we, as the Guarantor, commit(4) to pay the Beneficiary an amount of____ [write clearly the value in numbers, in words and the currency used] upon receiving a notification from the Beneficiary about the bidder's violation in the following cases:
1. After the bid closing time and during the validity period of Electronic Bid Documents, the bidder submits a written withdrawal of Electronic Bid Documents or refuses to perform one or more tasks proposed in Electronic Bid Documents as required by Electronic Bidding Document;
2. The bidder violates the provisions of Article 16 of the Bidding Law or violates the law on bidding leading to bid cancellation as specified in points d and e of Clause 1, Article 17 of the Bidding Law;
3. The bidder does not implement the measures to ensure contract performance as specified in Article 68 of the Bidding Law;
4. The bidder does not proceed or refuses to verify documents, negotiate the contract (if any) within 05 working days from the date of receiving the invitation to verify documents, negotiate the contract (if any) or has verified the documents, negotiated the contract (if any) but refuses to finalize, sign the verification record of documents, negotiate the contract (if any), except in cases of force majeure;
5. The bidder does not proceed or refuses to finalize the contract within 10 days from the date of receiving the notification of winning the bid from the bidder, except in cases of force majeure;
6. The bidder does not proceed or refuses to sign the contract within 10 days from the date of completing the contract, except in cases of force majeure.
In the case of the bidder winning the bid, this guarantee will be invalidated immediately after the bidder signs the contract and submits the contract performance guarantee to the Beneficiary as per the agreement in that contract.
In the case of the bidder not winning the bid, this guarantee will be invalidated immediately after we receive a copy of the notification of the bidder selection results or within 30 days from the expiration date of Electronic Bid Documents, whichever comes first.
Any claim for compensation under this guarantee must be sent to our office before or on the last day of validity of this guarantee.
Legal representative of the bank
[write name, title, sign, and seal]
Note:
(1) In case the bid guarantee violates any of the regulations such as: having a lower value, a shorter validity period than required in Section 18.2 E-Bidding Documents List, incorrect name of the beneficiary, not being the original, lacking valid signatures, signing before the Investor issues Electronic Bidding Document, or includes conditions that disadvantage the Investor, the Bidder, the bid guarantee shall be considered invalid. This bid guarantee is an irrevocable bid guarantee. If necessary, for large-scale packages, to ensure the rights of the Investor, the Bidder in confiscating the value of the bid guarantee when the bidder violates the provisions stated in the Bid Guarantee, the Investor or the Bidder may request the bidder to provide documents to prove that the bid guarantee submitted in Electronic Bid Documents is an irrevocable bid guarantee.
(2) Write according to the regulations on the validity period in Section 18.2 E-Bidding Documents List.
(3) Write the date of the bid closing time as specified in Electronic Invitation To Bid. The validity period of the bid guarantee is calculated from the date of the bid closing time to the last valid date of the bid guarantee (the termination of the bid guarantee falls within the last day of the validity of the bid guarantee without needing to last until 24 hours of that day).
(4) In case the bid guarantee lacks one or more of the committed contents mentioned above, it will be deemed as a condition disadvantageous to the Investor, the Bidder according to the provisions in Section 18.3 Electronic Content Delivery Network Technology, and the guarantee letter will be considered invalid.
Form No. 04B (Attached Scan)
BID BOND(1)
(applicable in the case of a PARTNERSHIP bidder)
(applicable in the case of a PARTNERSHIP bidder)
Beneficiary (The party receiving the guarantee):___ [write the name and address of the Investor specified in Item 1.1 E-Bidding Documents List or the name of the Bidder specified in Item 5.1(c) E-Bidding Documents List]
Date of issuance of the guarantee:___ [write the date of issuance of the guarantee]
BID BOND No:___ [write the summary number of the Bid Bond]
Guarantor:___[write the name and address of the issuing place, if this information is not shown in the header of the printed paper]
We have been informed that the guaranteed party is ____ [write the name of the bidder](2) (hereinafter referred to as “bidder”) will participate in bidding to implement package____ [write the name of the package] related to the project/procurement estimate ____ [write the name of the project/procurement estimate] according to Invitation to Bid/Electronic Invitation To Bid No____ [write the summary number of Invitation to Bid/Electronic Invitation To Bid].
We commit to the Beneficiary that we guarantee the bidder participating in this bid package with an amount of ____ [write clearly the value in numbers, in words and the currency used].
This guarantee is valid for___(3) days, from the date____month___ year___(4).
At the request of the bidder, we, as the Guarantor, commit(5) to pay the Beneficiary an amount of___ [write clearly the value in numbers, in words and the currency used] upon receiving a notification from the Beneficiary about the bidder's violation in the following cases:
1. After the bid closing time and during the validity period of Electronic Bid Documents, the bidder has a written withdrawal of Electronic Bid Documents or refuses to perform one or more of the proposed tasks in Electronic Bid Documents as required by Electronic Bidding Document;
2. The bidder has committed violations specified in Article 16 of the Bidding Law or violated the law on bidding leading to cancellation of the bidding according to the provisions in points d and đ clause 1 Article 17 of the Bidding Law;
3. The bidder fails to implement the measures to ensure the contract as stipulated in Article 68 of the Bidding Law;
4. The bidder does not proceed or refuses to verify documents, negotiate the contract (if any) within 05 working days from the date of receiving the invitation to verify documents, negotiate the contract (if any) or has verified the documents, negotiated the contract (if any) but refuses to finalize, sign the verification record of documents, negotiate the contract (if any), except in cases of force majeure;
5. The bidder does not proceed or refuses to finalize the contract within 10 days from the date of receiving the notification of winning the bid from the bidder, except in cases of force majeure;
6. The bidder does not proceed or refuses to sign the contract within 10 days from the date of completing the contract, except in cases of force majeure.”.
7. If any member of the PARTNERSHIP ____ [write the full name of the PARTNERSHIP bidder] violates the provisions of the law leading to the bid guarantee not being refunded according to the provisions in point b clause 18.5 Electronic Content Delivery Network Technology, then the bid guarantee of all members in the PARTNERSHIP will not be refunded.
In the case of the bidder winning the bid, this guarantee will be invalidated immediately after the bidder signs the contract and submits the contract performance guarantee to the Beneficiary as per the agreement in that contract.
In the case of the bidder not winning the bid, this guarantee will be invalidated immediately after we receive a copy of the notification of the bidder selection results or within 30 days from the expiration date of Electronic Bid Documents, whichever comes first.
Any claim for compensation under this guarantee must be sent to our office before or on the last day of validity of this guarantee.
Legal representative of the bank
[write name, title, sign, and seal]
Note:
(1) In case the bid guarantee violates any of the regulations such as: having a lower value, a shorter validity period than required in Section 18.2 E-Bidding Documents List, incorrect name of the beneficiary, not being the original, lacking valid signatures, signing before the Investor issues Electronic Bidding Document, or includes conditions that disadvantage the Investor, the Bidder, the bid guarantee shall be considered invalid. This bid guarantee is an irrevocable bid guarantee. If necessary, for large-scale packages, to ensure the rights of the Investor, the Bidder in confiscating the value of the bid guarantee when the bidder violates the provisions stated in the Bid Guarantee, the Investor or the Bidder may request the bidder to provide documents to prove that the bid guarantee submitted in Electronic Bid Documents is an irrevocable bid guarantee.
(2) The bidder's name may be one of the following cases:
- The name of the entire PARTNERSHIP bidder, for example, if the PARTNERSHIP bidder A + B participates in the bidding, the bidder's name is recorded as “PARTNERSHIP bidder A + B”;
- The name of the member responsible for providing the bid guarantee for the entire PARTNERSHIP or for another member in the PARTNERSHIP, for instance, if the PARTNERSHIP bidder A + B + C participates in the bidding, and in the PARTNERSHIP agreement, bidder A is assigned to provide the bid guarantee for the entire PARTNERSHIP, the bidder's name is recorded as “bidder A (on behalf of PARTNERSHIP bidder A + B + C)”; if in the PARTNERSHIP agreement, bidder B is assigned to provide the bid guarantee for bidders B and C, the bidder's name is recorded as “bidder B (on behalf of bidders B and C)”;
- The name of the PARTNERSHIP member providing the bid guarantee separately.
(3) Write according to the regulations on the validity period in Section 18.2 E-Bidding Documents List.
(4) Write the date of the bid closing time as specified in Electronic Invitation To Bid. The validity period of the bid guarantee is calculated from the date of the bid closing time to the last valid date of the bid guarantee (the termination of the bid guarantee falls within the last day of the validity of the bid guarantee without needing to last until 24 hours of that day).
(5) In case the bid guarantee lacks one or more commitments in the contents mentioned above, it shall be deemed as having conditions that disadvantage the Investor, the Bidder according to the provisions in Section 18.3 Electronic Content Delivery Network Technology, and the guarantee letter shall be considered invalid.
Form No. 05 (Webform on the System)
CONTRACTS SIMILAR TO BE EXECUTED BY THE bidder
bidder's name: _____[write the full name of the bidder].
bidder's name: _____[write the full name of the bidder].
Information about each contract, each contract needs to ensure the following information:
| Name and contract number | [write the full name of the contract, reference number] | ||
| Date of contract signing | [write date, month, year] | ||
| Completion date | [write date, month, year] | ||
| Contract value | [write total contract value in currency and amount signed] | Equivalent ____ VND | |
| In case of being a member of the PARTNERSHIP, summarize the part of the work undertaken in the PARTNERSHIP and the value of the part of the contract undertaken by the bidder | [write a summary of the part of the work undertaken in the PARTNERSHIP] | [write the percentage of the contract value undertaken in the total contract value; amount and currency signed] | Equivalent ___ VND |
| Project name/purchase estimate: | [write the full name of the project/purchase estimate with the contract being declared] | ||
| Investor's name: | [write the full name of the Investor in the contract being declared] | ||
| Address: Phone/fax: E-mail: | [write the full current address of the Investor] [write phone number, fax number including country code, area code] [write e-mail address] | ||
| Description of the similar nature as stipulated in Section 2.1 Chapter III (2) | |||
| 1. Type of structure, construction grade | [write information in the contract] | ||
| 2. Contract value executed | [write the actual contract value executed based on the accepted value, contract liquidation] | ||
| 3. Scope of execution | [write information in the contract] | ||
| 4. Methods, technology | [write information in the contract] | ||
| 5. Other contents | [write information (if any)] | ||
Notes:
The bidder thoroughly studies the Electronic Bidding Document and proposes similar contracts to ensure compliance with the requirements of the Electronic Bidding Document.
(1) In case of a PARTNERSHIP, each member in the PARTNERSHIP must declare according to this Form. If the bidder has multiple similar contracts, each contract must be declared using this Form.
(2) The bidder only declares contents similar to the requirements of the bid package.
(3) In case the contract value is not calculated in VND, it must be converted to VND at the exchange rate as stipulated in Section 2.1 Chapter III to serve as a basis for evaluation.
Form No. 06A (webform on the System)
TABLE OF KEY PERSONNEL PROPOSAL
The bidder must declare key personnel as stipulated in point a, Section 2.2, Chapter III, and must prove the ability to mobilize these personnel to participate in the execution of the bid package. Key personnel can be either employed by the bidder or mobilized by the bidder. In the event that the key personnel proposed by the bidder in the Electronic Bid Documents do not meet the requirements or fail to prove the ability to mobilize personnel (including cases where personnel have been mobilized for other contracts overlapping with the execution period of this bid package), the inviting party allows the bidder to supplement or replace them. The bidder is only allowed to supplement or replace once for each personnel position within a suitable period, but not less than 03 working days. If the bidder has no suitable substitute personnel for the requirements of the Electronic Bidding Document, the bidder will be disqualified. In any case, if the bidder declares personnel dishonestly, they will not be allowed to replace other personnel, the Electronic Bid Documents of the bidder will be disqualified, and the bidder will be considered fraudulent according to the provisions of Clause 4, Article 16 of the Law on Bidding and will be penalized according to the provisions of point a, Clause 1, Article 125 of Decree No. 24/2024/ND-CP
| No. | Full Name | Job Position |
| 1 | [the bidder selects key personnel from its database on the System] | [specify the job position held in the bid package] |
| 2 | . | |
| … |
Form No. 06B (Webform on the System)
| PROFESSIONAL RESUME OF KEY PERSONNEL | |||||||||||||||
| Personnel Information | Current Job | ||||||||||||||
| No. | Name | National ID/Passport | Position | Date of Birth | Certificate/Professional Qualifications | Employer's Name | Employer's Address | Title | Years of Service with Current Employer | Contact Person (Head of Department/HR Officer) | Phone/Fax/Email | ||||
| 1 | [enter name of key personnel 1] | ||||||||||||||
| 2 | [enter name of key personnel 2] | ||||||||||||||
| … | |||||||||||||||
| n | [enter name of key personnel n] | ||||||||||||||
Form No. 06C (Webform on the System)
| PROFESSIONAL EXPERIENCE TABLE | ||||
| No. | Name of Key Personnel | From Date | To Date | Company/Project/Position/Contract/ Related Professional Experience and Management |
| 1 | [enter name of key personnel 1] | … | … | … |
| 2 | ||||
| … | … | |||
List in chronological order the work history of the expert, without listing any irrelevant or unsuitable jobs related to the current request.
The bidder must provide all required information and prepare documents for verification during the document verification process.
Form No. 06D (Webform on the System)
LIST OF ESSENTIAL CONSTRUCTION EQUIPMENT
The bidder must declare the main construction equipment according to the provisions in point b of Section 2.2 Chapter III and must prove the ability to mobilize this equipment to participate in the bidding package. The main construction equipment may be owned by the bidder or mobilized by the bidder. If the main construction equipment proposed by the bidder in the Electronic Bid Documents does not meet the requirements, the contracting authority allows the bidder to supplement or replace. The bidder is only allowed to supplement or replace once for each piece of equipment within a suitable period but not less than 03 working days. If the bidder does not have substitute equipment that meets the requirements of the Electronic Bidding Document, the bidder will be disqualified. In all cases, if the bidder declares equipment dishonestly, the bidder cannot replace personnel or other equipment, the bidder's Electronic Bid Documents will be disqualified, and the bidder will be considered fraudulent according to the provisions of Clause 4, Article 16 of the Bidding Law and will be handled according to the provisions in point a, Clause 1, Article 125 of Decree No. 24/2024/ND-CP.
| NO. | Equipment Information | Current Status | |||||||||
| Type of Equipment | Manufacturer Name | Model (Type) | Capacity | Year of Manufacture | Features | Origin | Registration/Inspection Number (if any) | Current Location of the Equipment | Information on Current Mobilization and Use of the Equipment | Equipment Source (Owned by bidder/Rented/Leased/Specially Manufactured) | |
| 1 | |||||||||||
| 2 | |||||||||||
| … | |||||||||||
For equipment not owned by the bidder, additional information below must be provided:
| Owner | Agreement | |||||
| Type of Equipment | Owner's Name | Owner's Address | Phone Number | Fax Number | Telex | Detailed Information on Lease/Rental/Special Manufacturing Agreements for Project Equipment |
Form No. 07 (Webform on the System)
CONTRACTS FOR CONSTRUCTION, EPC, EC, PC, TURNKEY THAT WERE NOT COMPLETED DUE TO bidder'S FAULT IN THE PAST(1)
bidder's Name: ________________
Date: ______________________
Name of the member of the PARTNERSHIP bidder (if any):_________________________
| Construction contracts, EPC, EC, PC not completed due to the bidder's fault in the past as stipulated in Section 2.1 Chapter III | |||
| ¨ No contracts for construction, EPC, EC, PC not completed due to bidder's fault since January 1st __ [write year]according to Evaluation Criterion 1 in the Standard Evaluation Criteria for Capacity and Experience in Section 2.1 Chapter III. ¨ There are construction contracts, EPC, EC, PC signed but not completed due to bidder's fault since January 1st ___ [write year]according to Evaluation Criterion 1 in the Standard Evaluation Criteria for Capacity and Experience in Section 2.1 Chapter III. | |||
| Year | Uncompleted Contract Work | Contract Description | Total Contract Value (value, currency type, exchange rate, equivalent value in VND) |
| Contract Description: __________________ Client Name: ___________________ Address: _________________________ Reason for Uncompleted Contract: ________________________ | |||
Note:
(1) The bidder must accurately and honestly declare the construction contracts, EPC, EC, PC that were not completed due to the bidder's fault in the past; if the inviting party discovers that the bidder has uncompleted construction contracts, EPC, EC, PC due to the bidder's fault that were not declared, the bidder will be deemed to have acted fraudulently, and the bidder's Electronic Bid Documents will be rejected. In the case of a PARTNERSHIP bidder, each member must declare according to this template.
(1) The bidder must accurately and honestly declare the construction contracts, EPC, EC, PC that were not completed due to the bidder's fault in the past; if the inviting party discovers that the bidder has uncompleted construction contracts, EPC, EC, PC due to the bidder's fault that were not declared, the bidder will be deemed to have acted fraudulently, and the bidder's Electronic Bid Documents will be rejected. In the case of a PARTNERSHIP bidder, each member must declare according to this template.
Form No. 08A (Webform on the System)
FINANCIAL STATUS OF THE bidder (1)
bidder's Name: ________________
Date: ______________________
Name of the PARTNERSHIP bidder member (if any):_________________________
| The bidder's financial year from ___ month ___ to ___ month ____ (the bidder fills in this content) | |||
| Financial data for recent years as required by Electronic Bidding Document (The system automatically extracts based on the bidder's financial year) | |||
| Year 1: | Year 2: | Year 3: | |
| Total Assets | |||
| Total Debt | |||
| Net Asset Value | |||
| Annual Revenue (excluding VAT) | |||
| Average Annual Revenue (excluding VAT) (2) | (The system calculates automatically) | ||
| Profit Before Tax | |||
| Profit After Tax | |||
Note:
(1) In the case of a PARTNERSHIP bidder, each member must declare according to this template.
(2) To determine the average annual revenue (excluding VAT), the bidder divides the total revenue of the years (excluding VAT) by the number of years based on the information provided.
Annual revenue is calculated as the total revenue in the financial report of that year (excluding VAT).
Average annual revenue (excluding VAT) = total revenue of each year (excluding VAT) as required by Electronic Bidding Document/number of years.
In the case of a newly established bidder that does not have enough years as required by Electronic Bidding Document, the average annual revenue (excluding VAT) is calculated based on the number of years for which the bidder has financial data.
Annual revenue (excluding VAT) is extracted from the bidder's capacity profile. If the bidder finds that the annual revenue (excluding VAT) in the bidder's capacity profile has not been updated by the Electronic Tax System and the National Business Registration Information System, the bidder must update the information on annual revenue (excluding VAT) in the capacity profile to participate in the bidding but ensure it matches the data the bidder has declared on the Electronic Tax System at the time of bid closure. In this case, the bidder must prepare documents to verify the information declared by the bidder during the document verification process and contract negotiation (if any) as follows:
Copies of financial reports (including balance sheets with all relevant notes, and income statements) for the years mentioned above, complying with the following conditions:
1. Reflect the financial situation of the bidder or PARTNERSHIP member (if a PARTNERSHIP bidder), not the financial situation of an affiliated entity like a parent company affiliated with a subsidiary or an affiliate company with the bidder or PARTNERSHIP member.
2. The financial reports must be complete and contain all the content required.
3. The financial reports must correspond to the completed accounting periods accompanied by a certified copy of one of the following documents:
- Minutes of the tax settlement inspection;
- Self-settlement tax declaration (value-added tax and corporate income tax) with confirmation from the tax authority regarding the time of filing;
- Documentation proving that the bidder has declared electronic tax settlement;
- Confirmation document from the tax management authority (annual payment confirmation) regarding the tax payment obligations;
- Audit report (if any);
- Other documents.
The above documents must match the data the bidder has declared on the Electronic Tax System at the time of bid closure.
(1) In the case of a PARTNERSHIP bidder, each member must declare according to this template.
(2) To determine the average annual revenue (excluding VAT), the bidder divides the total revenue of the years (excluding VAT) by the number of years based on the information provided.
Annual revenue is calculated as the total revenue in the financial report of that year (excluding VAT).
Average annual revenue (excluding VAT) = total revenue of each year (excluding VAT) as required by Electronic Bidding Document/number of years.
In the case of a newly established bidder that does not have enough years as required by Electronic Bidding Document, the average annual revenue (excluding VAT) is calculated based on the number of years for which the bidder has financial data.
Annual revenue (excluding VAT) is extracted from the bidder's capacity profile. If the bidder finds that the annual revenue (excluding VAT) in the bidder's capacity profile has not been updated by the Electronic Tax System and the National Business Registration Information System, the bidder must update the information on annual revenue (excluding VAT) in the capacity profile to participate in the bidding but ensure it matches the data the bidder has declared on the Electronic Tax System at the time of bid closure. In this case, the bidder must prepare documents to verify the information declared by the bidder during the document verification process and contract negotiation (if any) as follows:
Copies of financial reports (including balance sheets with all relevant notes, and income statements) for the years mentioned above, complying with the following conditions:
1. Reflect the financial situation of the bidder or PARTNERSHIP member (if a PARTNERSHIP bidder), not the financial situation of an affiliated entity like a parent company affiliated with a subsidiary or an affiliate company with the bidder or PARTNERSHIP member.
2. The financial reports must be complete and contain all the content required.
3. The financial reports must correspond to the completed accounting periods accompanied by a certified copy of one of the following documents:
- Minutes of the tax settlement inspection;
- Self-settlement tax declaration (value-added tax and corporate income tax) with confirmation from the tax authority regarding the time of filing;
- Documentation proving that the bidder has declared electronic tax settlement;
- Confirmation document from the tax management authority (annual payment confirmation) regarding the tax payment obligations;
- Audit report (if any);
- Other documents.
The above documents must match the data the bidder has declared on the Electronic Tax System at the time of bid closure.
Form No. 08B (Webform on the System)
FINANCIAL RESOURCES (1)
Specify the anticipated financial sources, such as highly liquid assets, available credit limits (unused credit limits)(*) or other financial sources (excluding contract advance payments) available to meet the financial resource requirements stated in Form No. 08C of this Chapter.
| Financial resources of the bidder | ||
| No. | Financial Source | Amount (VND) |
| 1 | ||
| 2 | ||
| 3 | ||
| 4 | ||
| 5 | ||
| … | ||
| Total financial resources of the bidder (Total financial resources) | ||
(1) Each bidder or member of the PARTNERSHIP must provide information about their financial resources, accompanied by supporting documents.
The financial resources that the bidder plans to mobilize to implement the bidding package are calculated using the following formula:
The financial resources that the bidder plans to mobilize to implement the bidding package are calculated using the following formula:
Financial capacity = Total financial resources – ĐTH
Where:
- Financial capacity is the financial resource that the bidder plans to mobilize to execute the bidding package;
- Total financial resources is the total financial resources of the bidder (stated in this Form);
- ĐTH is the total monthly financial resource requirement for the contracts currently being executed (stated in Form No. 08C).
The bidder is assessed to meet the financial resource requirements for the bidding package if the projected financial resource mobilization (Financial capacity) is at least equal to the required value at evaluation criterion 3.3 of Table No. 01: Financial Capacity and Experience Assessment Criteria, Section 2.1, Chapter III.
In case in the Electronic Bid Documents, the bidder submits a commitment to provide credit from a legally operating credit institution in Vietnam, which commits to providing credit to the bidder for the package under consideration that meets the requirements of evaluation criterion 3.3 of the Financial Capacity and Experience Assessment Criteria, Section 2.1, Chapter III, then the bidder is assessed to meet the financial resource requirements for the bidding package. The commitment to provide credit includes the conditions for obtaining credit from the bank in accordance with legal provisions on credit, which is still accepted; in addition to using the commitment to provide credit, the bidder must still declare information according to this Form and Form No. 08C.
(2) High liquidity assets are cash and cash equivalents, short-term financial instruments, securities ready for sale, easily sellable securities, trade receivables, short-term financial receivables, and other assets that can be converted into cash within one year.
(*) Available credit limit (unused limit) is the total remaining credit limit in all Credit Agreements that the bidder is permitted to use.
- Financial capacity is the financial resource that the bidder plans to mobilize to execute the bidding package;
- Total financial resources is the total financial resources of the bidder (stated in this Form);
- ĐTH is the total monthly financial resource requirement for the contracts currently being executed (stated in Form No. 08C).
The bidder is assessed to meet the financial resource requirements for the bidding package if the projected financial resource mobilization (Financial capacity) is at least equal to the required value at evaluation criterion 3.3 of Table No. 01: Financial Capacity and Experience Assessment Criteria, Section 2.1, Chapter III.
In case in the Electronic Bid Documents, the bidder submits a commitment to provide credit from a legally operating credit institution in Vietnam, which commits to providing credit to the bidder for the package under consideration that meets the requirements of evaluation criterion 3.3 of the Financial Capacity and Experience Assessment Criteria, Section 2.1, Chapter III, then the bidder is assessed to meet the financial resource requirements for the bidding package. The commitment to provide credit includes the conditions for obtaining credit from the bank in accordance with legal provisions on credit, which is still accepted; in addition to using the commitment to provide credit, the bidder must still declare information according to this Form and Form No. 08C.
(2) High liquidity assets are cash and cash equivalents, short-term financial instruments, securities ready for sale, easily sellable securities, trade receivables, short-term financial receivables, and other assets that can be converted into cash within one year.
(*) Available credit limit (unused limit) is the total remaining credit limit in all Credit Agreements that the bidder is permitted to use.
Form No. 08C (Webform on the System)
MONTHLY FINANCIAL RESOURCES
FOR CURRENT CONTRACTS (1)
FOR CURRENT CONTRACTS (1)
| No. | Contract Name | Contact Person of Investor (address, phone, fax) | Contract Completion Date | Remaining Contract Duration in Months (A)(2) | Outstanding Contract Value, Including Tax (B)(3) | Monthly Financial Resource Requirement (B/A) |
| 1 | ||||||
| 2 | ||||||
| 3 | ||||||
| 4 | ||||||
| … | ||||||
| A. Total Monthly Financial Resource Requirement for Current Contracts (ĐTH) | ||||||
(1) Each bidder or member of the PARTNERSHIP must provide the information below to calculate the total financial resource requirements, totaling: (i) the current commitments of the bidder (or each member of the PARTNERSHIP) in all contracts that the bidder (or each member of the PARTNERSHIP) is executing or will execute; (ii) the financial resource requirement for the contract under consideration. Additionally, the bidder must also provide information on any other financial obligations that may significantly affect the execution of the contract under consideration if the bidder is awarded the contract.
(2) The remaining duration of the contract is calculated as of 28 days before the bid closing date.
(3) The outstanding contract value not yet paid is calculated as of 28 days before the bid closing date.
(2) The remaining duration of the contract is calculated as of 28 days before the bid closing date.
(3) The outstanding contract value not yet paid is calculated as of 28 days before the bid closing date.
Form No. 09A (Webform on the System)
SCOPE OF WORK USING SUBbidderS (1)
| No. | Subbidder Name(2) | Scope of Work(3) | Volume of Work(4) | Estimated % Value (5) | Contract or Agreement with Subbidder(6) |
| 1 | |||||
| 2 | |||||
| 3 | |||||
| 4 | |||||
| … |
Note:
(1) In cases where the Electronic Bidding Document stipulates the use of subbidders, the bidder must declare according to this form.
(2) The bidder must specify the name of the subbidder. If the identity of the subbidder is not yet determined at the time of bidding, it does not need to be declared in this column but only in the “Scope of Work” column. If the bidder is awarded the contract, using a subbidder for the declared work must be approved by the Investor.
(3) The bidder must specify the specific name of the work item assigned to the subbidder.
(4) The bidder must specify the specific volume of work assigned to the subbidder.
(5) The bidder must specify the percentage value of the work that the subbidder undertakes compared to the bid price.
(6) The bidder must specify the contract number or agreement and attach a scanned copy of these documents in the Electronic Bid Documents.
(1) In cases where the Electronic Bidding Document stipulates the use of subbidders, the bidder must declare according to this form.
(2) The bidder must specify the name of the subbidder. If the identity of the subbidder is not yet determined at the time of bidding, it does not need to be declared in this column but only in the “Scope of Work” column. If the bidder is awarded the contract, using a subbidder for the declared work must be approved by the Investor.
(3) The bidder must specify the specific name of the work item assigned to the subbidder.
(4) The bidder must specify the specific volume of work assigned to the subbidder.
(5) The bidder must specify the percentage value of the work that the subbidder undertakes compared to the bid price.
(6) The bidder must specify the contract number or agreement and attach a scanned copy of these documents in the Electronic Bid Documents.
Form No. 09B (Webform on the System)
LIST OF SPECIAL SUBbidderS(1)
The bidder must provide documentation proving compliance with the requirements specified in clause 2.3, Section 2, Chapter III.
| No. | Special Subbidder Name(2) | Scope of Work(3) | Volume of Work(4) | Estimated % Value (5) | Contract or Agreement with Special Subbidder(6) |
| 1 | |||||
| 2 | |||||
| 3 | |||||
| 4 | |||||
| … |
Notes:
(1) In case of using special subbidders, fill out this form.
(2) The bidder specifies the name of the special subbidder.
(3) The investor specifies the name of the work item for which the special subbidder will be used.
(4) The bidder specifies the volume of work designated for the special subbidder.
(5) The bidder specifies the % value of the work undertaken by the special subbidder compared to the total value of the bid.
(6) The bidder specifies the number of the contract or agreement and attaches scanned copies of these documents in the Electronic Bid Documents.
Form No. 09C (Webform on the System)
LIST OF SUBSIDIARIES AND AFFILIATED COMPANIES
ASSURED PART OF THE WORK OF THE BID(1)
No. | Name of Subsidiary or Affiliate(2) | Work Assumed in the Bid(3) | % Value Compared to Bid Price(4) | Notes |
| 1 | ||||
| 2 | ||||
| 3 | ||||
| 4 | ||||
| 5 | ||||
| … |
Notes:
(1) In the case where the bidding bidder is the parent company (for example, a general corporation) mobilizing subsidiaries or affiliated companies to perform part of the work in the bidding package, this must be explicitly stated in this table. The evaluation of experience in performing similar contracts is based on the value and volume of work undertaken by the parent company and the subsidiaries in the bidding package. If the bidding bidder is not a parent company, this form does not apply.
(2) Specifically state the names of subsidiaries and affiliated companies.
(3) Specifically state the portion of work undertaken by subsidiaries and affiliated companies.
(4) Specifically state the percentage value of the work undertaken by subsidiaries and affiliated companies compared to the bid price.
(1) In the case where the bidding bidder is the parent company (for example, a general corporation) mobilizing subsidiaries or affiliated companies to perform part of the work in the bidding package, this must be explicitly stated in this table. The evaluation of experience in performing similar contracts is based on the value and volume of work undertaken by the parent company and the subsidiaries in the bidding package. If the bidding bidder is not a parent company, this form does not apply.
(2) Specifically state the names of subsidiaries and affiliated companies.
(3) Specifically state the portion of work undertaken by subsidiaries and affiliated companies.
(4) Specifically state the percentage value of the work undertaken by subsidiaries and affiliated companies compared to the bid price.
Form No. 10 (Webform in the System)
IMPLEMENTATION SCHEDULE TABLE
The bidder proposes a implementation schedule that meets the requirements of the Investor and is consistent with the technical proposal of the bidder.
| No. | Project | Location | Completion Time of the project | Proposed Completion Time by the bidder [specify the number of days from the effective date of the contract] | |
| Earliest completion time of the project [specify the number of days from the effective date of the contract] | Latest completion time of the project[specify the number of days from the effective date of the contract] | ||||
| (1) | (2) | (3) | (4) | (5) | (6) |
Notes:
(2), (3), (4), (5): Extracted from Form No. 01F of this Chapter.
(6): Proposed by the bidder.
Form No. 11A (Webform in the System)
SUMMARY TABLE OF BID PRICE (1)
(For fixed-price contracts)
(For fixed-price contracts)
| No. | Description of work (2) | Unit of measure | Price by items (3) |
| 1 | Work item 1 | ||
| 2 | Work item 2 | ||
| .. | |||
| Total: [The system calculates automatically] | |||
Notes:
(1) The bidder's bid price is considered to include all necessary costs to execute the bidding package according to the design and technical requirements specified in the Electronic Bidding Document, without making adjustments for discrepancies in the work items proposed by the bidder in the bid price summary compared to the work item list specified in the Electronic Bidding Document, except in cases where the proposed work is outside the requirements in the Electronic Bidding Document (beyond the volume needed to complete according to the design). In such cases, the work outside the scope required in the Electronic Bidding Document will be considered additional and will be adjusted according to regulations.
- The bid price is the total value of the items listed in the "Description of work" column. The bidder's bid must include costs for all types of taxes, fees, and contingencies (if any). The bidder must calculate these costs and allocate them within the bid price.
(2) The bidder is responsible for reviewing the work item list stated in the Electronic Bidding Document. The bidder must supplement and bid for any work items that are necessary to complete the work according to the design but are not included in the work item list. If the bidder does not supplement the missing work items compared to the design, the bidder is deemed to have allocated the price of these missing work items into other work items of the bidding package. The bidder is responsible for completing the work according to the design and meeting the technical requirements at the proposed price. In cases where it is discovered that there are surplus work items compared to the design, the bidder will remove the surplus items from the bid price summary.
(3) The bidder is responsible for allocating contingency costs (if any) into the bid price. The bidder is not allowed to separately quote contingency costs. If the bidder quotes contingency costs separately, it will be considered as an excess quote and will be adjusted for discrepancies.
(4) When executing the contract, if the bidder completes the entire bidding package according to the design documents and technical requirements, the total amount the bidder will be paid until all obligations under the contract are fulfilled will be exactly the price stated in the contract.
(1) The bidder's bid price is considered to include all necessary costs to execute the bidding package according to the design and technical requirements specified in the Electronic Bidding Document, without making adjustments for discrepancies in the work items proposed by the bidder in the bid price summary compared to the work item list specified in the Electronic Bidding Document, except in cases where the proposed work is outside the requirements in the Electronic Bidding Document (beyond the volume needed to complete according to the design). In such cases, the work outside the scope required in the Electronic Bidding Document will be considered additional and will be adjusted according to regulations.
- The bid price is the total value of the items listed in the "Description of work" column. The bidder's bid must include costs for all types of taxes, fees, and contingencies (if any). The bidder must calculate these costs and allocate them within the bid price.
(2) The bidder is responsible for reviewing the work item list stated in the Electronic Bidding Document. The bidder must supplement and bid for any work items that are necessary to complete the work according to the design but are not included in the work item list. If the bidder does not supplement the missing work items compared to the design, the bidder is deemed to have allocated the price of these missing work items into other work items of the bidding package. The bidder is responsible for completing the work according to the design and meeting the technical requirements at the proposed price. In cases where it is discovered that there are surplus work items compared to the design, the bidder will remove the surplus items from the bid price summary.
(3) The bidder is responsible for allocating contingency costs (if any) into the bid price. The bidder is not allowed to separately quote contingency costs. If the bidder quotes contingency costs separately, it will be considered as an excess quote and will be adjusted for discrepancies.
(4) When executing the contract, if the bidder completes the entire bidding package according to the design documents and technical requirements, the total amount the bidder will be paid until all obligations under the contract are fulfilled will be exactly the price stated in the contract.
Form No. 11B (Webform in the System)
SUMMARY TABLE OF BID PRICE
(For fixed-price contracts)
(For fixed-price contracts)
| No. | Description of bidding work | Technical requirements/Main technical instructions | Bidding volume | Unit of measure | Bid price | Total amount | ||
| (Column 4 x 6) | ||||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | ||
| I | Items | A=A1+A2+… | ||||||
| I.1 | Item 1 | A1 | ||||||
| 1 | … | |||||||
| 2 | … | |||||||
| I.2 | Item 2 | A2 | ||||||
| 1 | … | |||||||
| 2 | … | |||||||
| .. | … | … | ||||||
| II | Contingency Costs | |||||||
| 1 | Contingency costs for incurred volume(*) | b1% | B1 = b1% x A | |||||
| 2 | Labor costs | Y1 | ||||||
| 3 | Expenses for other provisional items | Y2 | ||||||
| Total bid price (including taxes, fees, and charges (if any)) | A+B1+Y1+Y2 | |||||||
(6): The bidder records the bid unit price for each item. The bidder's bid must include costs for all taxes, fees, and charges (if any) and contingency costs.
(7) Automatic calculation system.
(*): Extracted from the investor's bidding table. Contingency costs are only to be used when there is an actual increase in work volume.
Form No. 11C (Webform on the System)
| BID PRICE SUMMARY TABLE (For adjusted unit price contracts) | ||||||||
| No. | Description of the bidding work | Technical requirements/Main technical instructions | Bid volume | Unit | Bid unit price | Total amount | ||
| (Column 4 x 6) | ||||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | ||
| I | Items | A=A1+A2+… | ||||||
| I.1 | Item 1 | A1 | ||||||
| 1 | … | |||||||
| 2 | … | |||||||
| I.2 | Item 2 | A2 | ||||||
| 1 | … | |||||||
| 2 | … | |||||||
| .. | … | … | ||||||
| II | Contingency Costs (*) | |||||||
| 1 | Contingency costs for arising volumes and inflationary contingency costs | b2% | B2 = b2% x A | |||||
| 2 | Labor costs | Y1 | ||||||
| 3 | Costs for other provisional items | Y2 | ||||||
| Summary of bid prices (including taxes, fees, and charges (if any)) | A+B2+Y1+Y2 | |||||||
(6) The bidder records the unit price for each item in the bid.
(7) The system calculates automatically. The bidder's bid must include costs for all types of taxes, fees, and charges (if any) and contingency costs.
(*) extracted from the bidding table of the Investor. Contingency costs may only be used when there are additional volumes of work in practice and inflation occurs.
Form No. 11D (Webform on the System)
SUMMARY TABLE OF BID PRICES
(For output-based contracts)
(For output-based contracts)
| No. | Description of bid work | Technical requirements/Main technical guidelines | Volume of bids | Unit | Bid price | Total amount |
| (1) | (2) | (3) | (4) | (5) | (6) | (7)=(4)x(6) |
| I.1 | Item 1 | A1 | ||||
| 1 | … | |||||
| 2 | … | |||||
| … | … | |||||
| I.2 | Item 2 | A2 | ||||
| 1 | … | |||||
| 2 | … | |||||
| … | … | … | ||||
| Summary of bidding prices (including taxes, fees, and charges (if any)) | A1+A2 | |||||
Note:
(6): The bidder records the bid prices for each item. The bidder's bid must include costs for all types of taxes, fees, and charges (if any).
(7) The system calculates automatically.
Form No. 11E (Webform in the System)
SUMMARY TABLE OF BID PRICES
(For mixed contracts)
(For mixed contracts)
I. Items applying the fixed-price contract type(1)
| No. | Description of work (2) | Unit | Price according to items (3) |
| 1 | Work Item 1 | ||
| 2 | Work Item 2 | ||
| .. | |||
| Total: [System calculates automatically] | X1 | ||
Note:
(1) The bid prices for these items are considered to include all necessary costs to implement according to the design and technical requirements stated in the Electronic Bidding Document, without making adjustments for deviations if the work items proposed by the bidder differ from those in the work item list (for items applying the fixed-price contract type) stated in the Electronic Bidding Document, except for the proposed different work outside the requirements in the Electronic Bidding Document (beyond the quantity required to complete according to the design). In this case, the work outside the requirements in the Electronic Bidding Document will be considered as excess and adjusted according to regulations.
- The bid price for these items is the total value of the items listed in the “Description of Work” column. The bidder's bid must include costs for all types of taxes, fees, and charges, as well as contingency costs (if any). The bidder must calculate the above costs and allocate them within the item prices.
(2) The bidder is responsible for reviewing the work item list (for items applying the fixed-price contract type) stated in the Electronic Bidding Document. The bidder must supplement and quote prices for work items that the bidder finds are not included in the work item list (for items applying the fixed-price contract type) but are necessary to complete the work according to the design. If the bidder does not add the missing work items according to the design, the bidder is considered to have allocated the prices of these work items into other items of the bidding package. The bidder is responsible for completing the work according to the design and meeting the technical requirements at the quoted price. If excess work items are discovered in the work item list compared to the design, the bidder will remove the excess items from the summary of bid prices.
(3) The bidder is responsible for allocating contingency costs (if any) into the prices of the items. The bidder is not allowed to quote contingency costs separately. If the bidder quotes contingency costs separately, it will be considered as an excess quote and will be subject to correction for deviation.
(4) When executing the contract, if the bidder completes all work items applying the fixed-price contract type according to the design documents and technical requirements, the total amount that the bidder is paid until fulfilling the obligations under the contract will be equal to the prices of the fixed-price contract type items stated in the contract.
II. Items applying the unit price contract type
(1) The bid prices for these items are considered to include all necessary costs to implement according to the design and technical requirements stated in the Electronic Bidding Document, without making adjustments for deviations if the work items proposed by the bidder differ from those in the work item list (for items applying the fixed-price contract type) stated in the Electronic Bidding Document, except for the proposed different work outside the requirements in the Electronic Bidding Document (beyond the quantity required to complete according to the design). In this case, the work outside the requirements in the Electronic Bidding Document will be considered as excess and adjusted according to regulations.
- The bid price for these items is the total value of the items listed in the “Description of Work” column. The bidder's bid must include costs for all types of taxes, fees, and charges, as well as contingency costs (if any). The bidder must calculate the above costs and allocate them within the item prices.
(2) The bidder is responsible for reviewing the work item list (for items applying the fixed-price contract type) stated in the Electronic Bidding Document. The bidder must supplement and quote prices for work items that the bidder finds are not included in the work item list (for items applying the fixed-price contract type) but are necessary to complete the work according to the design. If the bidder does not add the missing work items according to the design, the bidder is considered to have allocated the prices of these work items into other items of the bidding package. The bidder is responsible for completing the work according to the design and meeting the technical requirements at the quoted price. If excess work items are discovered in the work item list compared to the design, the bidder will remove the excess items from the summary of bid prices.
(3) The bidder is responsible for allocating contingency costs (if any) into the prices of the items. The bidder is not allowed to quote contingency costs separately. If the bidder quotes contingency costs separately, it will be considered as an excess quote and will be subject to correction for deviation.
(4) When executing the contract, if the bidder completes all work items applying the fixed-price contract type according to the design documents and technical requirements, the total amount that the bidder is paid until fulfilling the obligations under the contract will be equal to the prices of the fixed-price contract type items stated in the contract.
II. Items applying the unit price contract type
| No. | Description of Work | Technical Requirements/Main Technical Instructions | Bid Quantity | Unit | Bid Price | Total Price |
| (Column 4 x 6) | ||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| I | Items | A=A1+A2+… | ||||
| I.1 | Item 1 | A1 | ||||
| 1 | … | |||||
| 2 | … | |||||
| I.2 | Item 2 | A2 | ||||
| 1 | … | |||||
| 2 | … | |||||
| .. | … | … | ||||
| II | Contingency costs for arising quantities(*) | b1% | B1 = b1% x A | |||
| Summary of bid prices (including taxes, fees, and charges (if any)) | X2=A+B1 | |||||
Note:
(6): the bidder records the bid price for each item. The bid price must include costs for taxes, fees, and charges (if any) and contingency costs.
(7) The system automatically calculates.
(*): extracted from the investor's bidding table. Contingency costs can only be used when there is an actual increase in work quantity.
III. Items applying the fixed unit price contract
(6): the bidder records the bid price for each item. The bid price must include costs for taxes, fees, and charges (if any) and contingency costs.
(7) The system automatically calculates.
(*): extracted from the investor's bidding table. Contingency costs can only be used when there is an actual increase in work quantity.
III. Items applying the fixed unit price contract
| No. | Description of bidding work | Technical requirements/Main technical instructions | Bidding volume | Unit of measurement | Bid price | Total |
| (Column 4 x 6) | ||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| I | Items | A=A1+A2+… | ||||
| I.1 | Item 1 | A1 | ||||
| 1 | … | |||||
| 2 | … | |||||
| I.2 | Item 2 | A2 | ||||
| 1 | … | |||||
| 2 | … | |||||
| .. | … | … | ||||
| II | Contingency costs (*) | |||||
| 1 | Contingency costs for arising workloads and inflation contingency costs | b2% | B2 = b2% x A | |||
| Summary of bid prices (including taxes, fees, and charges, if any) | X3=A+B2 | |||||
Note:
(6) the bidder records the bid price for each item.
(7) The system calculates automatically. The bidder's bid price must include costs for various taxes, fees, charges (if any), and contingency costs.
(*): extracted from the invitation to bid from the Investor. Contingency costs can only be used when there is an increase in actual workloads and inflation.
IV. Items applicable to the contract type based on output results
(6) the bidder records the bid price for each item.
(7) The system calculates automatically. The bidder's bid price must include costs for various taxes, fees, charges (if any), and contingency costs.
(*): extracted from the invitation to bid from the Investor. Contingency costs can only be used when there is an increase in actual workloads and inflation.
IV. Items applicable to the contract type based on output results
| No. | Description of bidding work | Technical requirements/Main technical guidelines | Bidding volume | Unit of measure | Bid price | Amount |
| (1) | (2) | (3) | (4) | (5) | (6) | (7)=(4)x(6) |
| I.1 | Item 1 | A1 | ||||
| 1 | … | |||||
| … | … | |||||
| I.2 | Item 2 | A2 | ||||
| 1 | … | |||||
| .. | … | … | ||||
| Summary of bid prices (including taxes, fees, and charges, if any) | X4=A1+A2 | |||||
Note:
(6): The bidder records the bid price for each item.
(7) The system calculates automatically.
V. Summary of bid prices
(6): The bidder records the bid price for each item.
(7) The system calculates automatically.
V. Summary of bid prices
| No. | Items | Total Amount |
| I | Items applicable to the lump-sum contract | X1 |
| II | Items applicable to the fixed-price contract | X2 |
| III | Items applicable to the adjustable-price contract | X3 |
| IV | Items applicable to the contract based on output results | X4 |
| IV | Daily labor costs | Y1 |
| V | Costs for provisional amounts | Y2 |
| Total (Extracted from the bid price) | X=X1+X2+X3+X4+Y1+Y2 |
Form No. 12A (Webform on the System)
LABOR COST TABLE
1. General Regulations
a) The labor cost table is generally applied to contracts that may incur additional work beyond the work specified in the summary of bid prices or cannot be included in the description, volume, and estimated quantity in the summary of bid prices.
In cases where it is necessary to include the Labor Cost Table in the Electronic Bidding Document, the quantities and nominal amounts for items that may require labor costs must be clearly stated so that the bidder can base their pricing on it. The bid price for the labor portion will be included in the Provisional Cost section of the Summary of Bid Prices. The Provisional Costs section, which includes labor costs, will be separated and not considered during the evaluation process of the Electronic Bid Documents to compare the Electronic Bid Documentss.
b) The winning bid price and the contract price will include the Provisional Costs quoted by the bidder in the Electronic Bid Documents. In the event that labor or other provisional work arises during the execution of the contract, the Investor will use the budget for provisional costs to pay the bidder according to the provisions of the contract.
c) Work will not be performed on a labor cost basis unless there is a written request from the Investor. The bidder must fill in the unit price and total amount for labor items in the Labor, Material, and Equipment Tables. The price quoted by the bidder will apply to any labor volume requested by the Investor. Unless otherwise stated in the contract, payments for labor will depend on the price adjustment provisions in the contract conditions.
2. Labor Calculated by Labor Cost
a) When calculating payments for the bidder based on labor costs, the hours for labor will be calculated from the time the labor arrives on-site to perform the labor tasks until the time they return to the original departure point, excluding lunch breaks and other break times. Only the time of direct laborers performing the work as required by the Investor and work that laborers are capable of performing will be considered for cost calculation. The time of the foreman participating in construction with the labor team will also be counted, but not the time of the bidder or other supervisory personnel.
b) The bidder will be paid for the total time that labor is hired on a labor cost basis. The payment amount will be calculated based on the unit price that the bidder quoted in The Labor Cost Table: 1. Labor. The unit price is considered to have included (but is not limited to) all costs payable to the bidder such as:
- The amount of wages paid to workers;
- Travel costs, overtime, living expenses;
- Social welfare-related costs;
- The bidder's profit, management, supervision, and insurance costs;
- Costs for electricity, water, security, office supplies, communication, administration, clerical, and other related costs.
3. Materials Calculated by Labor Cost
The bidder will be paid for materials used to perform work according to labor costs at the unit price quoted by the bidder in The Labor Cost Table: 2. Materials. The unit price must be quoted in VND and is considered to include management costs and profit as follows:
a) The material unit price will be calculated based on the price stated on the invoice plus the costs to deliver the materials to the warehouse at the site, including transportation costs, insurance, unloading costs, damages, losses, etc.;
b) The transportation costs for materials to be used for work requested to be performed according to labor costs from the storage warehouse at the site to the location where the materials will be used will be paid according to the terms regarding Labor and Equipment in this Table.
4. bidder's Equipment Calculated by Labor Cost
a) The bidder will be paid for the bidder's equipment already at the site and used for work according to labor costs at the unit price quoted by the bidder in The Labor Cost Table: 3. bidder's Equipment. The unit price must be quoted in VND and is considered to include (but is not limited to) the following costs:
- Equipment depreciation costs;
- Interest costs, compensation costs, insurance, repair, maintenance, materials, fuel, oil, and other consumable materials;
- Profit and management costs related to the use of equipment.
Costs for operating staff and assistants will be paid separately as described in the Labor Cost section.
b) Only the actual operating hours of the equipment to perform the work according to labor costs will qualify for payment; unless the investor agrees to pay for the time required to move the equipment from the site where it is placed to the location where labor tasks will be performed and the time required to return the equipment to its original position.
b) Only the actual operating hours of the equipment to perform the work according to labor costs will qualify for payment; unless the investor agrees to pay for the time required to move the equipment from the site where it is placed to the location where labor tasks will be performed and the time required to return the equipment to its original position.
The Labor Cost Table: 1. Labor
| Job No. | Description(1) | Unit(2) | Nominal Quantity(3) | Unit Price(4) | Total(5) (VND) |
| 1 | Team Leader | hour | 50 | ||
| 2 | General Labor | hour | 500 | ||
| 3 | Mason | hour | 200 | ||
| 4 | Plumber | hour | 200 | ||
| 5 | Carpenter | hour | 100 | ||
| 6 | Ironworker | hour | 100 | ||
| 7 | Driver up to 10 tons | hour | 100 | ||
| … | …. | ||||
| Total cost for Daily Labor: Labor (to be transferred to the Summary of Daily Labor table) | (A1) | ||||
Note:
(1), (2), (3) The investor bases their decision on the potential for additional work outside of those mentioned in the Summary of Bid Prices or those that cannot be included in the description, volume, or estimated quantity in the Summary of Bid Prices, to estimate and specify the name of the work, unit of measure, and nominal quantity for tasks that may utilize daily labor for the bidder to base their bids on.
(4), (5) The bidder lists the unit prices and total amounts for each corresponding item in the column “Description.”
Daily Labor Unit Price Table: 2. Materials
| Work No. | Description(1) | Unit(2) | Nominal Quantity(3) | Unit Price(4) | Total Amount(5) (VND) |
| 1 | Portland Cement | ton | 0.5 | ||
| 2 | Steel Reinforcement Bar with diameter 16mmØ to M-31 or equivalent | kg | 100 | ||
| 3 | Ductile Iron Pipe (800mm Ø) | m | 12 | ||
| … | ….. | ||||
| Total Price for Daily Labor: Materials (carried over to the Summary Daily Labor Table) | (A2) | ||||
Note:
(1), (2), (3) The investor bases their assessment on the potential for additional work beyond the tasks mentioned in the Summary of Bid Prices or those that cannot be included in the description, volume, or estimated quantity in the Summary of Bid Prices to estimate and specifically record the name of the work, unit of measure, and nominal quantity for tasks that may use daily labor for the bidder to base their bids on.
(4), (5) The bidder lists the unit prices and total amounts for each corresponding item in the column “Description.”
Daily Labor Unit Price Table 3. bidder's Equipment
| Work No. | Description(1) | Unit(2) | Nominal Quantity(3) | Unit Price(4) | Total Amount(5) (VND) |
| 1 | Tracked crane, 10 -15 tons | hour | 10 | ||
| 2 | Crane truck, 25-50 tons | hour | 15 | ||
| 3 | Hydraulic excavator, 170Hp | hour | 10 | ||
| 4 | Bulldozer, 3m, 100Hp | hour | 20 | ||
| 5 | Water tank truck, 5000 liters | hour | 30 | ||
| 6 | Air compressor, 6000 liters/minute | hour | 40 | ||
| … | …. | ||||
| Total price for labor: Equipment of the bidder (carried over to the Summary of Labor Table) | (A3) | ||||
Note:
(1), (2), (3) The investor bases the possibility of additional work outside the tasks mentioned in the Summary of Bid Prices or that cannot be included in the description, estimated volume, and quantity in the Summary of Bid Prices to estimate and specifically record the name of the job, unit of measurement, and nominal quantity for tasks that may use labor for the bidder to base their bid.
(4), (5) The bidder records the unit price and the total amount for each corresponding item in the column “Description”.
Summary of Labor Table
| Total Amount (VND) | |
| 1. Total price for labor: Labor | (A1) |
| 2. Total price for labor: Materials | (A2) |
| 3. Total price for labor: Equipment of the bidder. | (A3) |
| Total price for labor (carried over to the “amount” column of the labor cost in the Summary of Bid Prices) | Y1 |
Form No. 12B (Webform on the System)
TABLE OF TEMPORARY ITEMS
The portion of costs for temporary items will be separated and not considered in the evaluation of Electronic Bid Documents to compare Electronic Bid Documents. The winning bid price and contract price will include the costs for temporary items offered by the bidder in the Electronic Bid Documents. If, during the execution of the contract, additional tasks arise as described, the investor will use the budget for temporary items to pay the bidder as stipulated in the contract.
| Table No. | Task No. | Description(1) | Total Amount (VND)(2) | ||
| 04 | 15 | Supply and install equipment at the pump station | |||
| 06 | 19 | Provide ventilation system in the underground pipeline | |||
| … | |||||
| …. | Total of temporary items (carried over to the “amount” column of the temporary cost in the Summary of Bid Prices) | Y2 |
Notes:
(1) The Investor fills in the task details for the bidder to base their proposal in the Electronic Bid Documents according to the contents mentioned in the Electronic Bidding Document.
(2) The bidder states the total amount for each corresponding item in the column “Description”.
Form No. 12C (Webform on the System)
TABLE OF ADJUSTED DATA
(applies to contracts with adjustment orders)
| Filled by the Investor |
| Filled by the bidder |
| Code Index | Description of Index | Source of Index | Base Value and Base Date | Amount | Score Coefficient proposed by the bidder |
| No adjustment Adjustment | — — | — — | — — | a: 0.10 ~ 0.20 b: c: d: e: | |
| Total | 1.00 |
Form No. 13 (Webform on the System)
BID FORM (1)
(belonging to E-HSDXTC)
(belonging to E-HSDXTC)
Date: ___ [System automatically extracts]
Tender package name: ___ [System automatically extracts]
Dear: ___ [System automatically extracts]
After studying the Electronic Bidding Document, we:
- bidder's name: ___ [System automatically extracts] commits to executing the tender package ____ [System automatically extracts] number Electronic Invitation To Bid: ___[System automatically extracts] according to the requirements stated in the Electronic Bidding Document with a bid price of ____[System automatically extracts] along with the attached bid price summary tables.
Additionally, we voluntarily reduce the bid price by a discount percentage of ___ [Specify the discount percentage (%)]. For fixed-price contracts, the discount value is calculated based on the bid price excluding contingency costs].
The bid price after deducting the discount value is: ___ [System automatically calculates based on the re-calculated contingency costs after the discount] (including all taxes, fees, and charges (if any)).
Validity of Electronic Financial Proposal Document: ____ [System extracts from Electronic Invitation To Bid].
We commit to:
1. The information declared in the Electronic Bid Documents is truthful.
2. If our Electronic Bid Documents is accepted, we will implement the performance guarantee as specified in Clause 40 Electronic Content Delivery Network Technology of the Electronic Bidding Document.
Notes:
(1) The bid document is signed with the bidder's digital signature when the bidder submits the Electronic Bid Documents.
Part 2. TECHNICAL REQUIREMENTS
Chapter V. TECHNICAL REQUIREMENTS
Chapter V. TECHNICAL REQUIREMENTS
I. Introduction to the tender package
1. Scope of work of the tender package.
2. Completion time.
II. Implementation schedule requirements
State the time requirement from the commencement to when the contract is completed by day/week/month.
In case, besides the completion time requirement for the entire project, there are also completion schedule requirements for each construction item, a completion schedule table should be prepared.
| No. | Construction item | Start date | Completion date |
| 1 | |||
| 2 | |||
| 3 | |||
| … |
III. Technical requirements/technical instructions
1. Accurate and clear technical regulations are a prerequisite for bidders to meet the requirements of the Investor realistically and competitively without imposing conditions on the bidder's Electronic Bid Documents. Technical regulations must be drafted not to restrict competition while clearly stating the requirements for skill level, materials, and the performance of the goods and services provided. Technical regulations should require that all goods and materials used in the Project are new, unused, from the latest generation, and incorporate all improvements in design and materials unless specified otherwise in the contract.
2. The technical requirements should not impose conditions that restrict bidder participation or create advantages for one or a few bidders, resulting in unequal competition; they should also not set excessively high requirements that lead to increased bid prices and should not specify brands or specific origins for materials, machinery, or equipment.
3. In special cases where it is necessary to specify a brand, catalog of a particular manufacturer, or specific materials, machinery, or equipment for reference to illustrate the technical requirements, the phrase “or equivalent” must be added after the specified brand or catalog, and it should clearly define that the equivalent means having similar technical characteristics, performance capabilities equivalent to those specified materials, machinery, or equipment to avoid directing towards any specific product or bidder.
4. Requirements for warranty, maintenance, and repair (if any);
5. Sustainable bidding: In the case of requirements for sustainable bidding, the investor needs to ensure regulations guarantee environmental and social friendliness (using materials, construction materials, and equipment certified with energy labels, eco-labels, non-fired materials, sustainable, environmentally friendly materials, recyclable and reusable materials; construction measures to limit the level of emissions, waste, pollution, minimize negative impacts on the site and construction area…) but must ensure these regulations are clear and do not restrict the bidders.
6. For the scope of work of the tender package using the output-based contract type, the technical requirements set by the investor should focus on the output product such as standards, specifications, technical parameters, quality... of the project. The investor should also specify the construction standards that the bidder must meet; however, these standards should not aim to restrict bidder participation. bidders can apply other standards but must prove that these standards are equivalent to or higher than those required by the investor. Basically, the Electronic Bidding Document does not need to specify the processes or specific methods of providing services that the bidder must follow. The bidder has the right to propose processes and methods that they find suitable for executing the tender package.
The technical requirements should reflect the levels of compliance with the output requirements corresponding to the amount deducted from the payment value during the operation of the project; quality requirements, durability of the project, and other requirements.
1. Accurate and clear technical regulations are a prerequisite for bidders to meet the requirements of the Investor realistically and competitively without imposing conditions on the bidder's Electronic Bid Documents. Technical regulations must be drafted not to restrict competition while clearly stating the requirements for skill level, materials, and the performance of the goods and services provided. Technical regulations should require that all goods and materials used in the Project are new, unused, from the latest generation, and incorporate all improvements in design and materials unless specified otherwise in the contract.
2. The technical requirements should not impose conditions that restrict bidder participation or create advantages for one or a few bidders, resulting in unequal competition; they should also not set excessively high requirements that lead to increased bid prices and should not specify brands or specific origins for materials, machinery, or equipment.
3. In special cases where it is necessary to specify a brand, catalog of a particular manufacturer, or specific materials, machinery, or equipment for reference to illustrate the technical requirements, the phrase “or equivalent” must be added after the specified brand or catalog, and it should clearly define that the equivalent means having similar technical characteristics, performance capabilities equivalent to those specified materials, machinery, or equipment to avoid directing towards any specific product or bidder.
4. Requirements for warranty, maintenance, and repair (if any);
5. Sustainable bidding: In the case of requirements for sustainable bidding, the investor needs to ensure regulations guarantee environmental and social friendliness (using materials, construction materials, and equipment certified with energy labels, eco-labels, non-fired materials, sustainable, environmentally friendly materials, recyclable and reusable materials; construction measures to limit the level of emissions, waste, pollution, minimize negative impacts on the site and construction area…) but must ensure these regulations are clear and do not restrict the bidders.
6. For the scope of work of the tender package using the output-based contract type, the technical requirements set by the investor should focus on the output product such as standards, specifications, technical parameters, quality... of the project. The investor should also specify the construction standards that the bidder must meet; however, these standards should not aim to restrict bidder participation. bidders can apply other standards but must prove that these standards are equivalent to or higher than those required by the investor. Basically, the Electronic Bidding Document does not need to specify the processes or specific methods of providing services that the bidder must follow. The bidder has the right to propose processes and methods that they find suitable for executing the tender package.
The technical requirements should reflect the levels of compliance with the output requirements corresponding to the amount deducted from the payment value during the operation of the project; quality requirements, durability of the project, and other requirements.
IV. Drawings
This Electronic Bidding Document includes the drawings in the following list:
This Electronic Bidding Document includes the drawings in the following list:
| No. | Symbol | Drawing Name | Version/Release Date |
| 1 | |||
| 2 | |||
| … |
Section 3. CONTRACT TERMS AND CONTRACT FORMS
Chapter VI. GENERAL CONDITIONS OF THE CONTRACT
Chapter VI. GENERAL CONDITIONS OF THE CONTRACT
Contract conditions include E-ĐKC, E-ĐKCT of the Contract, and Appendices of the Contract (if any), which express the rights and obligations of the parties.
E-ĐKC of the Contract applies to all contracts for different tender packages.It may only be used without modification of the regulations in this Chapter.E-ĐKCT specifies the contentcorresponding to E-ĐKC when applied to each tender packageto supplement necessary information to complete the contract, ensuring the feasibility for signing and executing the contract
For the tender package applying the output-based contract type, depending on the quality of the output, the bidder will be paid different amounts. If the bidder meets the requirements of the Electronic Bidding Document, the bidder will be paid 100% of the contract value (for a lump-sum contract) or 100% of the value based on the actual volume of work multiplied by the unit price (for fixed unit price contracts, adjusted unit price contracts). If the bidder does not ensure the qualityof the project as proposed, the bidder will only be paid according to the quality completed.
To apply the payment deduction clause, the Investor and the Bidder need to build the contract appendix, which clearly states the requirements for output quality; the acceptable quality levels; inspection measures, assessment methods to determine the quality compliance of the works (e.g., sampling analysis, methods and procedures applied for evaluation…); the level of payment deduction according to the payment period.
In the case where the Investor and the Bidder have financial resources to incentivize the bidder when the bidder completes the service with excellent quality, they may add a clause for “increased payment value” based on similar principles as for the payment deduction clause in E-ĐKC and E-ĐKCT.
E-ĐKC of the Contract applies to all contracts for different tender packages.It may only be used without modification of the regulations in this Chapter.E-ĐKCT specifies the contentcorresponding to E-ĐKC when applied to each tender packageto supplement necessary information to complete the contract, ensuring the feasibility for signing and executing the contract
For the tender package applying the output-based contract type, depending on the quality of the output, the bidder will be paid different amounts. If the bidder meets the requirements of the Electronic Bidding Document, the bidder will be paid 100% of the contract value (for a lump-sum contract) or 100% of the value based on the actual volume of work multiplied by the unit price (for fixed unit price contracts, adjusted unit price contracts). If the bidder does not ensure the qualityof the project as proposed, the bidder will only be paid according to the quality completed.
To apply the payment deduction clause, the Investor and the Bidder need to build the contract appendix, which clearly states the requirements for output quality; the acceptable quality levels; inspection measures, assessment methods to determine the quality compliance of the works (e.g., sampling analysis, methods and procedures applied for evaluation…); the level of payment deduction according to the payment period.
In the case where the Investor and the Bidder have financial resources to incentivize the bidder when the bidder completes the service with excellent quality, they may add a clause for “increased payment value” based on similar principles as for the payment deduction clause in E-ĐKC and E-ĐKCT.
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| In this contract, the following terms are understood as follows:
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| 2.1. For cases of partial completion as specified in E-Contract Conditions, the terms “Project,” “Completion Date,” and “Projected Completion Date” defined in E-Contract Conditions are understood to apply correspondingly to each part of the Project. 2.2. All documents mentioned in Section 2.3 of E-Contract Conditions (including parts of documents) will constitute the Contract to create a unified, interdependent, supplementary, and mutually explanatory whole. 2.3. The documents constituting the Contract are arranged in the following order of priority: a) The contract, along with any appendices; b) Minutes of document reconciliation, negotiation, and contract finalization (if any); c) Approval letter for E-Bid Documents and contract award; d) Decision approving the bidder selection results; e) E-Contract Conditions; g) E-Bid Documents and documents clarifying the E-Bid Documents of the bidder; h) E-Technical Specifications and any amendments or supplements (if any); i) Other documents stipulated in E-Contract Conditions. |
| The governing law of the contract is Vietnamese law, and the language of the contract is Vietnamese.. |
| 4.1. Any notification from one party to the other regarding the contract must be made in writing. The term “in writing” or “document” refers to a record that is handwritten, typed, printed, or in electronic form and then permanently stored. 4.2. A notification from one party will be deemed effective from the date the other party receives it or according to the effective date stated in the notification, whichever is later. |
| 5.1. The contract performance guarantee must be submitted to the Investor no later than the date specified in the E-Bid Approval Letter and contract award. The contract performance guarantee is provided in one or more of the following forms: a) A cash deposit by a guarantee check for performance guarantees valued at less than 50 million VND, and the guarantee check must be valid for the duration of the bidding package; b) Submission of a guarantee letter from a domestic credit institution or foreign bank branch established under Vietnamese law; c) Submission of a guarantee insurance certificate from a domestic non-life insurance company or a foreign non-life insurance company established under Vietnamese law. The performance guarantee as stipulated in points b and c of this Section is unconditional (payable upon request), in accordance with the form specified in Chapter VIII. 5.2. The performance guarantee must have value and validity as specified in E-Contract Conditions. 5.3. The performance guarantee will be paid to the Investor to compensate for any losses incurred due to the bidder's failure to fulfill its contractual obligations. 5.4. The timeframe for the return of the performance guarantee is specified in E-Contract Conditions. |
| Occupational safety, environmental protection, and fire prevention 6.1. Occupational Safety a) The bidder must establish safety measures for people and the project on the construction site, including adjacent works; b) Safety measures and occupational safety regulations must be publicly displayed on the construction site for everyone to know and comply with; dangerous areas on the site must have personnel to guide and warn against accidents; c) Related parties must regularly check and supervise occupational safety on the construction site. When violations of occupational safety are discovered, construction work must be suspended. Organizations or individuals responsible for violations of occupational safety within their management scope must be held accountable under the law; d) The bidder is responsible for training, guiding, and disseminating occupational safety regulations to its workers. For certain jobs requiring strict safety regulations, workers must possess certificates of occupational safety training; The bidder is responsible for providing adequate personal protective equipment and occupational safety gear for workers. In the event of an occupational safety incident, the construction bidder and related parties are responsible for organizing the handling and reporting to the state management agency on occupational safety as required by law, and are also responsible for remedying and compensating for damages caused by the bidder's failure to ensure occupational safety. 6.2. Environmental Protection a) The bidder must implement measures to ensure the environment for workers on the construction site and protect the surrounding environment, including dust control measures, noise control, waste disposal, and site cleanup; measures must be taken to cover and properly dispose of waste; b) During the transportation of construction materials and waste, safety measures must be implemented to ensure safety and environmental hygiene; c) The parties involved are responsible for checking and supervising the implementation of environmental protection in construction, and are subject to the supervision of the state environmental management agency. If the construction bidder fails to comply with environmental protection regulations, the investor and the state environmental management agency have the right to suspend construction and require the bidder to properly implement environmental protection measures; d) Organizations or individuals that cause environmental harm during the construction process must be held legally accountable and compensate for the damages caused by their fault. 6.3. Fire Prevention: The parties involved in the construction contract must comply with state regulations on fire prevention. |
| 7.1. The bidder is allowed to enter into contracts with subbidders listed in E-Contract Conditions to perform a part of the work specified in the E-Bid Documents. The use of subbidders shall not alter the bidder's obligations. The bidder is responsible to the Investor for the volume, quality, schedule, and other obligations related to the work performed by the subbidder. Any substitution or addition of subbidders in the list mentioned in the E-Bid Documents, or changes to the subbidder content stated in the E-Bid Documents, can only be carried out with the approval of the Investor and the supervising consultant and shall not exceed the maximum value of the work designated for the subbidder specified in the contract; the use of subbidders must align with the bidder's needs in executing the contract, and the subbidder must meet the required capacity and experience of the bidder; 7.2. The value of the work carried out by the subbidders specified in Section 7.1 of the E-Contract Conditions must not exceed the percentage limit according to the contract value stated in E-Contract Conditions. 7.3. The bidder is responsible for fully and timely paying the subbidders according to the terms agreed upon between the bidder and the subbidder. 7.4. Other requirements for subbidders specified in E-Contract Conditions. |
| During the execution of the contract, the bidder must collaborate with other bidders and related units working on the site during the working hours of those bidders and related units according to the schedule. In the event of changes to the work schedule of other bidders, the Investor will notify the bidder in writing of those changes. If stipulated in the Technical Specifications or at the request of the Investor, the bidder must cooperate with and facilitate personnel from the Investor and other personnel to conduct environmental and social impact assessments. The Investor must notify the bidder in advance about this. |
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10.2. In the event of force majeure, a party's failure to perform any of its obligations shall not be considered a breach or default of the Contract, provided that the party affected by the event (a) has taken reasonable and prudent preventive measures and necessary alternative measures, all aimed at fulfilling the terms and conditions of this Contract, and (b) continues to fulfill its obligations under the Contract as long as such fulfillment remains reasonable and practical. 10.3. In this contract, force majeure is understood as events beyond the control of the parties that are unforeseeable, unavoidable, and render the performance of the contract impossible, without any negligence or lack of attention from the parties. Force majeure events may include, but are not limited to, war, riots, strikes, fires, floods, epidemics, quarantine isolation, or state policies and regulations. 10.4. When a force majeure event occurs, the party affected by the force majeure event must promptly notify the other party in writing about the event and the cause of the event within 14 days from the date the force majeure event occurs. At the same time, the affected party must provide the other party with a confirmation document regarding the force majeure event issued by an authority at the location where the force majeure event occurred. The bidder affected by the force majeure event must continue to fulfill its contractual obligations to the extent permitted by actual circumstances and must take all reasonable measures to mitigate the consequences of the force majeure event.10.5. The time for one party to complete a task under this Contract is extended by the exact amount of time that party was unable to perform the work due to the force majeure event. |
| The Investor bears all risks identified in this Contract as the Investor's risks, and the bidder bears all risks identified in this Contract as the bidder's risks. |
| 12.1. From the Commencement Date until the Investor issues the Certificate of Expiration of the Warranty Period for the Project, the Investor is responsible for the following risks: a) Risks of injury or death to individuals, loss or damage to property (excluding the Project, Materials, Workshops, Equipment) due to the fault of the Investor or the Investor's personnel; b) Risks of loss or damage to the Project, Materials, Workshops, Equipment due to the fault of the Investor, due to the Investor's design, or due to force majeure. 12.2. From the Completion Date until the Investor issues the Certificate of Expiration of the Warranty Period for the Project, the Investor is responsible for risks of loss or damage to the Project, Workshops, Materials, except for losses or damages originating from:
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| The bidder is responsible for risks that are not the Investor's risks, including risks of injury, death, loss, or damage to property (including the Project, Materials, Workshops, Equipment) from the Commencement Date until the Investor issues the Certificate of Expiration of the Warranty Period for the Project. |
| Insurance requirements are stipulated in E-ĐKCT. |
| The bidder is responsible for studying the information about the Site mentioned in E-ĐKCT and other related information. |
| The bidder is responsible for ensuring the security of the Site. Unauthorized personnel are not allowed to enter the Site. Those permitted to enter the Site include only the bidder's personnel, the Investor's personnel, and individuals who have been notified in writing by the Investor to the bidder regarding their permission to enter the Site (including other bidders of the Investor on the Site). According to the provisions of Clause 22.2 E-ĐKC, the bidder must submit a security plan for the Site for the Investor's approval. The bidder must (i) conduct background checks (if necessary) on personnel assigned security tasks for the Site; (ii) train security personnel (or ensure they have been fully trained) regarding the use of force, and appropriate behavior towards the bidder's personnel, the Investor's personnel, and affected communities; (iii) require security personnel to comply with legal regulations and other requirements stipulated in the technical specifications. The bidder shall not permit security personnel to use force in the course of carrying out their duties except in cases of prevention and self-defense appropriate to the nature and level of the threats. When arranging security tasks for the Site, the bidder must comply with other requirements stipulated in the technical specifications. |
| 17.1. Any object of historical significance or considerable value discovered at the site shall be the property of the Socialist Republic of Vietnam. The bidder must take all reasonable protective measures, including erecting a fence around the area where the discoveries were made to avoid further impact and prevent the bidder's personnel or others from moving or destroying those findings. The bidder must promptly notify the Investor of this discovery for resolution according to the law. 17.2. In the event that the execution of the contract is delayed due to the discovery of artifacts or the bidder must participate in the processing, preservation, or transportation of artifacts, the bidder must notify the Investor to review and resolve. |
| The Investor must grant the bidder rights to use the Site on the date specified in E-ĐKCT. If any part of the Site has not been granted to the bidder for use by the date specified in E-ĐKCT, the Investor shall be deemed to have caused a delay in starting the related activities, and this will be considered a compensable Event. |
| The bidder must allow the Investor or any other person authorized by the Investor to enter the Site and any location where work related to the Contract is being carried out or is planned to be carried out.. |
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The bidder and subbidders are responsible for maintaining accurate and systematic records, reports, and documentation regarding the Project, clearly reflecting any changes in time and costs related to the Project.
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| B. Time Management | |
| The bidder may commence work on the Project on the Commencement Date specified in E-ĐKCT and must carry out the work according to the detailed construction schedule presented by the bidder and approved by the Investor. The bidder must complete the Project by the Estimated Completion Date specified in E-ĐKCT. |
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a) The sequence of tasks for the bidder and the estimated construction time for each main phase of the Project; b) The process and duration of inspections and tests specified in the Contract; c) An accompanying report, including: a general report on the methods the bidder intends to apply and the main phases of the construction project; the number of personnel and equipment required by the bidder on the Site for each main phase. For lump-sum contracts, the activities in the detailed construction schedule must align with the Activity Listing.
In addition to the progress reports, the bidder must promptly inform the Investor of any suspicions, incidents, or accidents occurring at the Site that have or will certainly have a significant adverse impact on the environment or affected communities, the Investor's personnel, or the bidder's personnel. This includes any incidents or accidents resulting in death or serious injury, causing significant adverse effects. The bidder must promptly inform the Investor of any suspicions, incidents, or accidents occurring at the premises of subbidders or suppliers related to the Project that have or will certainly have a significant adverse impact on the environment or affected communities, the Investor's personnel, the bidder's personnel, and personnel of subbidders and suppliers, as soon as they become aware of such suspicions, incidents, or accidents. The bidder's notification must include complete information regarding such incidents and accidents. The bidder must provide full details of these incidents or accidents to the Investor within a timeframe approved by the Investor. The bidder must require its subbidders and suppliers to promptly notify the bidder of any incidents and accidents as stipulated in this Clause. |
| The Investor and the bidder will negotiate the extension of the Contract execution period in the following cases: 24.1. The Investor does not hand over the right to use the Site to the bidder by the time specified in Clause 18 of E-ĐKC; 24.2. The Investor delays without reason in issuing the Acceptance Record for the work; 24.3. Other cases described in E-ĐKCT. |
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| The Investor may request the bidder to delay the commencement or to slow down any activities of the Project. |
| C. Quality Management | |
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| The Investor must inspect and evaluate the quality of the bidder's work and notify the bidder of any defects discovered. The Investor's inspection does not alter the bidder's responsibilities. The Investor may instruct the bidder to investigate whether there are defects in the Project, and the bidder must inspect and test any part of the work that the Investor deems potentially defective. |
| If the Investor instructs the bidder to conduct a test not specified in the Technical Specifications to check for defects, and the test results indicate a defect, the bidder shall bear the costs of sampling and testing. If no defect is found, the sampling and testing will be considered a Compensation Event. |
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| If the bidder does not repair the defects within the period specified by the Investor in the notification of defects in the Project, the Investor may hire another organization to rectify the defects, determine the costs of rectifying the defects, and the bidder will have to reimburse these costs. |
| The bidder needs to provide early warnings to the Investor about events that may soon occur which could negatively affect the quality of the project, increase contract prices, or delay contract performance. The Investor may request the bidder to forecast the impact of these events on the contract price and contract duration. The bidder must cooperate with the Investor to propose remedial measures. |
| D. Cost Management | |
| The type of contract is defined in E-ĐKCT. |
| 34.1. The contract price is stated in E-ĐKCT. 34.2. For fixed-price contracts, The contract price table specified in the contract price table appendix is an integral part of this contract, including the items of work that the bidder must perform and the monetary value of those items. 34.3. For unit price contracts with fixed unit prices, the contract price table specified in the contract price table appendix is an integral part of this contract, including the items of work that the bidder must perform and the monetary value of those items. |
| If the bidder does not correct the Errors within the period stipulated by the Investor in the Error notice for the Project, theInvestor is entitled to hire another organization to rectify the errors, determine the cost of correction, and the bidder will have to reimburse this cost. |
| The bidder must promptly forecast to the Investor any upcoming events that may negatively affect the quality of the project, increase contract costs, or delay the contract execution. The Investor may require the bidder to forecast the impact of this event on the contract price and the execution timeline. The bidder must cooperate with the Investor to propose remedial measures. |
| D. Cost Management | |
| The type of contract as stipulated inE-ĐKCT. |
| 34.1. The contract price is stated inE-ĐKCT. 34.2. For lump-sum contracts,the Contract Price List stipulated in the Contract Price List Appendix is an integral part of this contract, includingthe work itemsand the cost of those items. The bidder must complete all work items to complete the project according to the approved design, ensuring the progress and quality as required by the contract package. The contract price includes all taxes, fees, charges (if any), and contingency costs. The contract price remains unchanged throughout the contract execution period for the work scope, technical requirements, and terms stipulated in the contract, except in cases of force majeure or changes in the work scope that result in a price adjustment. 34.3. For fixed-unit-price or adjustable-unit-price contracts, the Contract Price List stipulated in the Contract Price List Appendix is an integral part of this contract, including the work items that the bidder must complete and their associated costs. |
| 35.1. The Investor must provide the bidder with an advance payment as stipulated in E-ĐKCT, after the bidder submits an advance payment guarantee equivalent to the advance amount. The advance payment guarantee must be issued by a bank or credit institution legally operating in Vietnam or an advance payment guarantee insurance certificate issued by a domestic non-life insurance company or a branch of a foreign non-life insurance company established under Vietnamese law and valid until the full repayment of the advance. The value of the advance payment guarantee or insurance certificate will gradually decrease as the advance is repaid. No interest is charged on the advance. 35.2. The bidder may only use the advance payment for paying labor wages, purchasing or mobilizing equipment, factories, materials, and necessary mobilization costs for contract execution. The bidder must demonstrate that the advance payment was used appropriately by submitting copies of relevant invoices or documents to the Investor. The bidder’s advance payment guarantee will be forfeited if the advance is misused. 35.3. The advance payment must be repaid by deducting a specific percentage from the payments due to the bidder, based on the percentage of work completed as the basis for payment. The advance payment or its repayment will not be considered when valuing the work performed, contract changes, compensation events, contract bonuses, or damage compensation. |
| 36.1. Payment documents for lump-sum contracts: a) The acceptance record of the completed work volume during the payment stage, certified by representatives of the Investor and the bidder; this acceptance record confirms the completion of the project, project items, and work volume in accordance with the scope of work under the contract, without the need for a detailed confirmation of the completed volume; b) The bidder's payment request should include the following: the value of the completed work according to the contract, the value of any arising work (if any), deductions for the advance payment, and the value requested for payment during the stage after offsetting these amounts, certified by representatives of the Investor and the bidder. 36.2. Payment documents for fixed-unit-price contracts: a) The acceptance record of the completed work volume during the payment stage, certified by representatives of the bidder, the Investor, and the supervising consultant (if any); b) The confirmation of adjusted increased or decreased work volume compared to the contract, certified by representatives of the bidder, the Investor, and the supervising consultant (if any); c) The calculation of the requested payment value based on the confirmed completed work volume and the unit price stated in the contract; d) The bidder's payment request, clearly stating the completed work volume and value, the increase (decrease) in value compared to the contract, the value of the advance payment, and the payment value requested during the payment stage. 36.3. Payment documents for adjustable-unit-price contracts: a) The acceptance record of the completed work volume during the payment stage, certified by representatives of the bidder, the Investor, and the supervising consultant (if any); b) The confirmation of adjusted increased or decreased work volume compared to the contract, certified by representatives of the bidder, the Investor, and the supervising consultant (if any); c) The calculation of the requested payment value based on the confirmed completed work volume and the unit price stated in the contract or the adjusted unit price as stipulated by the contract; d) The bidder's payment request, clearly stating the completed work volume and value, the increase (decrease) in value compared to the contract, the value of the advance payment, and the payment value requested during the payment stage. |
| 37.1. Payment is made in accordance with E-ĐKCT. In case of delayed payment by the Investor, the bidder shall be paid interest on the delayed payment amount in the next payment. The interest rate on delayed payments is calculated from the due payment date according to the agreement or payment plan until the actual payment date, and the applicable interest rate is the current interest rate for commercial loans in VND. 37.2. The payment currency is: VND. |
| Tax adjustments are made in accordance with E-ĐKCT. |
| 39.1. For each payment to the bidder, the Investor will retain a portion as stipulated in E-ĐKCT until the entire project is completed. 39.2. The retention money will be returned to the bidder at the end of the Warranty Period, once the Investor has confirmed that all defects notified to the bidder before the end of that period have been corrected. The bidder may replace the retention money with a guarantee letter from a bank or credit institution legally operating in Vietnam. |
| 40.1. The Investor may request the bidder to modify or supplement the following aspects within the scope of the contract: a) Changes in the quality and specifications of any specific work item; b) Changes in design; c) Changes in completion milestones and contract implementation time; d) Other cases stipulated in E-ĐKCT 40.2. If modifications or supplements to the work scope stipulated in Section 40.1 of the E-ĐKC lead to changes in cost or time of any contract provision, the contract price or completion date must be adjusted accordingly, and both parties shall proceed with contract amendments. The bidder's request to adjust the contract price or completion date must be submitted within 28 days from the day the bidder receives the Investor’s request to modify or supplement the contract work. 40.3. The Investor and the bidder will negotiate to establish the basis for signing a contract amendment in the case of contract modifications. 40.4. In case the adjustment of contract progress does not extend the project completion schedule, the Investor and bidder will agree on the adjustment. If the contract progress adjustment extends the project completion schedule, the Investor and bidder can only agree to the adjustment after obtaining approval from the competent authority. 40.5. If changes in the work scope affect the contract price, both parties must agree on the work changes and contract price adjustments as the basis for signing a contract amendment. 40.6. During contract performance, the bidder may propose cost-saving solutions, including at least the following: a) The content of the solution, explaining the differences compared to the contract requirements; b) A comprehensive analysis of the solution’s costs and benefits, including a description and estimate of costs (including life cycle costs) that may arise for the Investor if the bidder’s proposal is accepted; c) The impact of the solution on the efficiency of contract execution; d) A description of the necessary work to be carried out. 40.7. The Investor may approve the bidder’s proposal if it demonstrates any of the following benefits without affecting the required functionality of the Project: a) Reducing contract execution time; b) Reducing contract price or life cycle costs for the Investor; c) Enhancing the quality, efficiency, or sustainability of the Project; d) Any other benefit for the Investor. If the bidder’s proposal is approved by the Investor and results in a reduction of the contract price, the Investor will pay the bidder according to the percentage stipulated in E-ĐKCT for the reduced contract value. If the bidder’s proposal is approved by the Investor and increases the contract price but reduces life cycle costs due to the factors outlined in points a, b, c, and d of this section, the Investor will pay the bidder according to the increased contract value. |
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a) The Investor fails to deliver part of the Site on the Site Handover Date as stipulated in Section 18 of the E-ĐKC; b) The Investor modifies the schedule of other bidders, affecting the bidder’s work under this Contract; c) The Investor delays work or fails to provide necessary Drawings, Specifications, or instructions to complete the Work on time; d) The Investor requests additional tests, but no Errors are found; e) The Investor fails to approve the subbidder agreement without valid, reasonable justification; f) The Site’s ground conditions are significantly worse than expected at the time of the Letter of Acceptance, with this expectation being reasonably based on the information provided to the bidders (including Site Survey Reports), other available information, and the results of the Site inspection. g) The Investor requests to address an emergency or arising work necessary to ensure the safety of the project or for other reasons; h) Other bidders and related agencies or the Investor do not work on the dates specified in the Contract or under the conditions specified in the Contract, causing delays or additional costs to the bidder. i) Delayed advance payment; j) The bidder is affected by risks from the Investor; k) The Investor delays issuing the project completion certificate without reasonable justification.
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| 43.1. In case Dayworks arise, the Daywork costs proposed by the bidder in the Electronic Bid Documents will only apply if the Investor provides prior written notice that the additional work will be paid for as Dayworks. 43.2. All Daywork payments must be recorded by the bidder. 43.3. The bidder will be paid the Daywork costs after the Investor approves the Daywork cost statement. |
| Any damage or loss to the Project or materials used for the Project occurring from the Start Date to the end of the Warranty Period shall be repaired by the bidder at their own expense if such damage or loss is caused by the bidder's actions or negligence. |
| E. Contract Termination | |
| The Investor shall conduct the acceptance as stipulated by current construction laws. The acceptance record must be signed by representatives of the Investor, the Supervising Consultant, and the bidder. |
| The bidder must request the Investor to issue a Certificate of Completion, and the Investor will provide the Certificate after determining that the Project has been completed. |
| The Investor must take over the construction site and the project within the time specified in E-ĐKCT from the time the bidder is issued the Minutes of Acceptance of the work. |
| 48.1. The bidder must complete and submit to the Investor the as-built drawings in accordance with the current legal regulations, and the operational procedure manual for the installed equipment (if any) by the date specified in E-ĐKCT. 48.2. If the bidder fails to submit the as-built drawings or operation manual by the date specified in E-ĐKCT or if these documents are not accepted by the Investor, the Investor will withhold the amount specified in E-ĐKCT from the payment due to the bidder. |
| The bidder must provide the Investor with a detailed statement for the amount that the bidder requests payment for under the Contract before the end of the Warranty Period. The Investor must issue a Certificate of Completion of the Warranty Period and confirm the settlement for the bidder within 56 days from the date of receipt of the accurate and complete detailed statement from the bidder. In the event of not issuing the Certificate of Completion of the Warranty Period and confirming the settlement for the bidder, the Investor must provide a written notice describing the points that need to be corrected or supplemented. If the final detailed statement submitted by the bidder still does not meet the requirements, the Investor decides the amount to be paid to the bidder. |
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a) The bidder stops construction for 28 days while this stoppage is not in the Construction Schedule and has not been approved by the Investor; b) The Investor requests the bidder to delay the progress of the Project and does not withdraw this directive within 28 days from the date of issuing the request for the bidder to delay the progress; c) The Investor or bidder goes bankrupt or must liquidate assets for restructuring or merger; d) The bidder has a payment request for the completed work quantities that have been accepted according to regulations but are not paid by the Investor within 28 days from the date the bidder submits the payment request; đ) The bidder does not rectify defects affecting the progress and quality of the Project within the period requested by the Investor; e) The bidder fails to maintain the Advance Payment Guarantee, Performance Guarantee as required; g) The bidder is delayed in completing the Project, and the penalty amount is equivalent to the maximum penalty amount; h) There is evidence that the bidder has violated one of the prohibited acts stipulated in Article 16 of the Bidding Law during the bidding process or in the performance of the Contract.
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| All materials on the site, factory, equipment, temporary works, and works shall be the property of the Investor if the Contract is terminated due to the fault of the bidder. |
| If the execution of the contract is suspended due to force majeure, the Investor must certify that the contract is terminated due to force majeure. The bidder must ensure safety on the site and stop work as soon as possible after receiving the Investor's certificate; the bidder will be paid for all work performed before receiving the certificate of termination of the contract due to force majeure. |
Chapter VII. SPECIFIC CONDITIONS OF THE CONTRACT
Unless otherwise provided, the entire E-ĐKCT must be fully recorded by the Investor before the release of the Electronic Bidding Document.
| A. General Provisions | |
| E-ĐKC 1.3 | The Investor is: [insert name, address, account number, tax code, phone number, fax, email of the Investor and authorized representative (if any)]. |
| E-ĐKC 1.5 | The project includes [insert a brief summary of the name, location of the contract package, including information about its relation to other packages in the Project]. |
| E-ĐKC 1.8 | The construction site is at [insert the address of the site] and is specified in Drawing No. [insert number]. |
| E-ĐKC 1.13 | The completion date is: ___ [insert date] |
| E-ĐKC 1.14 | The expected completion date for the entire Project is: ___ [insert date]. [If the regulations specify different dates for completing various parts of the Project (“partial completion” or milestones), they must be listed here]. |
| E-ĐKC 1.15 | The commencement date is: ___ [insert date]. |
| E-ĐKC 1.16 | The bidder is: ___ [insert name, address, account number, tax code, phone number, fax, email of the bidder]. |
| E-ĐKC 1.26 | The supervising consultant is: [insert name, address, phone number, fax, email of the supervising consultant]. |
| E-ĐKC 2.1 | Partial completion: ___ [Investor to fill] |
| E-ĐKC 2.3 (i) | The following documents are also part of the Contract: [list documents]. |
| E-ĐKC 5.2 | - The contract performance guarantee value: ____% of the contract value [insert specific value based on the scale and nature of the package, from 2% to 10% of the contract value]. - The validity period of the contract performance guarantee is: The performance guarantee is effective from the date of issuance until __ [based on the nature and requirements of the package to specify this period, for example: The performance guarantee must be valid until the project is accepted, handed over, and the bidder has transitioned to warranty obligations as required]. |
| E-ĐKC 5.4 | The time frame for returning the contract performance guarantee:____ [specify the exact time frame for returning the contract performance guarantee based on the nature and requirements of the package.] For example: The Investor must return the contract performance guarantee to the bidder immediately after or no later than ____ days from the time the project is accepted and handed over, provided that the bidder has transitioned to warranty obligations as required]. |
| E-ĐKC 7.1 | List of subbidders: [insert list of subbidders that corresponds with the list of subbidders mentioned in the Electronic Bid Documents]. |
| E-ĐKC 7.2 | The value of the work performed by the subbidder shall not exceed: ____ contract value [Extracted system according to Section 27.3 Electronic Content Delivery Network Technology]. |
| E-ĐKC 7.4 | State any other necessary requirements for subbidders [insert other requirements for subbidders (if any)]. |
| E-ĐKC 14 | Insurance requirements: [based on the scale and nature of the package to state the insurance requirements, including construction insurance in accordance with construction laws for both the Investor and the bidder. For example, from the commencement date until the end of the project warranty period, the bidder must purchase insurance for materials, machinery, equipment, workshops serving construction, insurance for workers, civil liability insurance for third parties for the bidder’s risks…]. |
| E-ĐKC 15 | Information about the site is: [list the information and data about the site]. |
| E-ĐKC 18 | The date of acceptance and use of the site is: [insert location and date]. |
| E-ĐKC 21.2 | The time frame for mediation: [insert maximum number of days for mediation]. Dispute resolution: [specify the time frame and mechanism for dispute resolution based on the scale and nature of the package. This should clearly state the time frame for submitting dispute resolution requests, the organization for dispute resolution, costs for dispute resolution...]. |
| B. Time Management | |
| E-ĐKC 22 | - Commencement date: [insert planned commencement date]. - Expected completion date: [insert expected completion date]. |
| E-ĐKC 23.1 | The bidder must submit the detailed construction schedule to the Investor within [insert number of days] from the date of signing the Contract. |
| E-ĐKC 23.4 | - Time to update the detailed construction schedule: [insert time to update the detailed construction schedule]. - The penalty amount if the detailed construction schedule is submitted late will be [insert amount]. |
| E-ĐKC 24.3 | Other cases: [list other cases for extending the contract execution time (if any)]. |
| C. Quality Management | |
| E-ĐKC 27.2 | Materials, machinery, and equipment: [insert name, type of materials, machinery, and equipment required for the bidder to provide samples and test results (if any)]. |
| D. Cost Management | |
| E-ĐKC 33 | Type of contract:___[insert type of contract according to the approved bidder selection plan]. |
| E-ĐKC 34.1 | Contract price: ___ [insert “Fixed” for lump-sum contracts, fixed unit price contracts or “price-adjustable” for adjusted unit price contracts according to the type of contract mentioned in Section 33 E-ĐKCT or “based on output results” for output-based contracts]. If the contract specifies price adjustment, then choose the direct compensation method or the adjustment method based on the price index. - The direct compensation method is implemented according to the construction laws. - The adjustment method based on price index adjustment is: The contract price is adjusted according to the changes in input costs. The contract price adjustment is calculated according to the formula below or another formula in accordance with the relevant construction laws: Pc = Ac + (Bc x Imc/Ioc) Where: + Pc is the adjustment coefficient for the portion of the contract price paid in the specific currency “c”; + Ac and Bc are coefficients[8] specified, where Ac is the coefficient of the non-adjusted portion and Bc is the coefficient of the adjusted portion in the contract price paid in the specific currency “c”; + Imc is the current input price index at the end of the billing month and Ioc is the current input price index 28 days prior to the bid opening; both are denominated in the specific currency “c”. If the index value changes after it has been calculated, the calculation result will be adjusted and recorded in the next payment confirmation document. The value of the index must take into account all changes in costs due to price fluctuations. - In cases where the output-based contract type is applied: The Investor proposes content to determine payment value based on output results as follows: + Requirements for output quality and acceptable quality levels; + Inspection, evaluation measures, and determining the degree of compliance with the quality of services provided by the bidder (e.g., sampling and analysis); + The level of payment reduction or increase in payment value according to the payment period; + Other necessary contents. |
| E-ĐKC 35.1 | - Advance payment: [insert amount of advance payment, documents required for the advance, method of advance payment… in accordance with the construction laws]. - Advance payment time:___days___months___years__ [insert specific advance payment time]. |
| E-ĐKC 37.1 | Payment method:_____ [based on the nature and requirements of the package, specify this content in accordance with the construction laws. Payment to the bidder may specify payment by bank transfer… the number of payments is multiple during the implementation process or one-time payment upon completion of the contract. The payment period may specify payment immediately or within no more than a certain number of days from the date the bidder submits all required documents. Additionally, specific payment documentation requirements should comply with the law]. |
| E-ĐKC 38 | Tax adjustments: _____[insert “allowed” or “not allowed” for tax adjustments. In cases where tax adjustments are permitted, state: “during the implementation of the contract, if there is a change in tax policy (increase or decrease) at the time of payment and the contract provides for tax adjustments, and the bidder presents documents clearly defining the amount of tax incurred, then the tax difference will be adjusted according to the contract regulations”]. |
| E-ĐKC 39.1 | The amount retained from the payment is:____ [insert percentage] [the retained amount usually approximates 5% and does not exceed 10% in allcases]. |
| E-ĐKC 40.1 (d) | In the case of contract amendments: ____ [specify the specific cases where contract amendments are associated with the rights and obligations of the relevant parties, ensuring compliance with legal regulations]. |
| E-ĐKC 40.7 | In the case where the cost-saving solution proposed is approved by the Investor and helps reduce the contract price, the Investor will pay the bidder ____ % [state the payment rate, usually not exceeding 50%] of the contract price reduction. |
| E-ĐKC 42.1 | Penalty amount: [state penalty content, penalty amount, and total maximum penalty value in accordance with construction law regulations]. |
| E-ĐKC 42.2 | Compensation for damages: ___ [state “Applied” or “Not applied”. In cases where compensation for damages is applied, based on the scale and nature of the package, compensation for damages shall be determined in one of the following two ways: - Fullcompensation for the actual damages incurred; - Compensation for damages based on a determined level. In this case, specify the level of compensation, method of compensation… in accordance with civil law]. |
| E-ĐKC 42.3 | Contract bonus: ___ [state “applied” or “not applied”]. In the case of “applied”, specify the specific content regarding the contract bonus according to legal regulations. |
| E. Contract termination | |
| E-ĐKC 47 | Time to hand over the project: [state the handover time of the project]. |
| E-ĐKC 48.1 | Time to submit completion drawings: [state the time to submit completion drawings]. |
| E-ĐKC 48.2 | Retention amount: [state the retention amount]. |
Chapter VIII. CONTRACT FORMS
This section includes forms that, after filling in the information, will become part of the Contract. The contract performance guarantee template and the advance payment guarantee template for the winning bidder will be filled out and completed after the contract is awarded.
Form No. 14
LETTER OF APPROVAL OF Electronic Bid Documents AND CONTRACT AWARD
____, day ____ month ____ year ____
To: [state the name and address of the winning bidder, hereinafter referred to as “bidder”]
Regarding: Notification of Electronic Bid Documents approval and contract award
Based on Decision No.___ dated___ month___ year___ of the Investor [state the name of the Investor, hereinafter referred to as “Investor”] regarding the approval of the bidder selection result for the package [state the name, number of the package], the bidding party [state the name of the bidding party, hereinafter referred to as “Bidding Party”] would like to inform that the Investor has approved the Electronic Bid Documents and awarded the contract to the bidder to implement the package [state the name, number of the package] at the contract price of ____ [state the winning bid amount in the decision approving the bidder selection result] with the implementation time of the package is ____[state the implementation time of the package inthe decision approving the bidder selection result].
We kindly request the legal representative of the bidder to complete and sign the contract with the Investor, Bidding Party as planned as follows:
- Contract completion time: [state the contract completion time], at the location [state the contract completion location];
- Contract signing time: [state the contract signing time]; at the location [state the contract signing location], along with the Draft contract.
It is requested that the bidder implement the contract performance assurance measures according to Form No. 16 Chapter VIII of Electronic Bid Documents with the amount of ___ and validity period ___[state the amount and validity period as specified in Section 5 Chapter VII of Electronic Bid Documents].
This document is an integral part of the contract file. Upon receiving this document, the bidder must have a written approval to complete, sign the contract, and implement the contract performance assurance measures as stated above, in which the bidder must commit that their current capacity still meets the requirements stated in Electronic Bid Documents. The Investor will refuse to complete and sign the contract with the bidder if it is found that the bidder's current capacity does not meet the requirements for implementing the package.
If by ___ month ___ year ___ [based on the size and nature of the package to determine the final deadline for implementing the contract performance assurance measures, completing, signing the contract but no later than 28 days from the date of issuance of the notification of Electronic Bid Documents approval and contract award] the bidder does not proceed to complete, sign the contract or refuses to complete, sign the contract or does not implement the contract performance assurance measures as required above, the bidder will be disqualified and will not have their bid security returned.
This document is an integral part of the contract file. Upon receiving this document, the bidder must have a written approval to complete, sign the contract, and implement the contract performance assurance measures as stated above, in which the bidder must commit that their current capacity still meets the requirements stated in Electronic Bid Documents. The Investor will refuse to complete and sign the contract with the bidder if it is found that the bidder's current capacity does not meet the requirements for implementing the package.
If by ___ month ___ year ___ [based on the size and nature of the package to determine the final deadline for implementing the contract performance assurance measures, completing, signing the contract but no later than 28 days from the date of issuance of the notification of Electronic Bid Documents approval and contract award] the bidder does not proceed to complete, sign the contract or refuses to complete, sign the contract or does not implement the contract performance assurance measures as required above, the bidder will be disqualified and will not have their bid security returned.
| Legal representative of the Bidding Party [state name, title, sign, and seal] |
Attached documents: Draft contract.
Form No. 15
CONTRACT(1)
____, day ____ month ____ year ____
Contract No: _________
Package: ____________ [state the name of the package]
Under project: _________ [state the name of the project]
- Basis(2) ___(Civil Code No. 91/2015/QH13 dated 24/11/2015);
Based on the Bidding Law No. 22/2023/QH15 dated 26/11/2013 of the National Assembly;
Based on(2) ____
Based on Decision No. ____ dated ____ month ____ year ____ of ____ regarding the approval of the bidder selection results for the package ____ [state the name of the package] and the notification of bid-winning No. ____ dated ____ month ____ year ____ of the Bidding Party;
Based on document No. ____ dated ____ month ____ year ____ of ____ regarding the notification of Electronic Bid Documents approval and contract award,
We, representing the contracting parties, include:
Investor (hereinafter referred to as Party A)
Investor's Name: [state the investor's name]
Address:
Phone:
Fax:
E-mail:
Account:
Tax Code:
Representative is Mr./Ms.:
Position:
Power of attorney for contract signing No. ____ dated ____ month ____ year ____ (in case of authorization).
bidder(3) (hereinafter referred to as Party B)
bidder's Name: [state the name of the selected bidder]
Address:
Phone:
Fax:
E-mail:
Account:
Tax Code:
Representative is Mr./Ms.:
Position:
Power of attorney for contract signing No. ____ dated ____ month ____ year ____ (in case of authorization).
Both parties agree to sign the construction contract with the following contents:
Article 1. Contract Subject
Party A assigns Party B to carry out the construction work, installation of the works according to the approved design.
Article 2. Contract Components
The components of the contract and their legal priority are as follows:
____, day ____ month ____ year ____
Contract No: _________
Package: ____________ [state the name of the package]
Under project: _________ [state the name of the project]
- Basis(2) ___(Civil Code No. 91/2015/QH13 dated 24/11/2015);
Based on the Bidding Law No. 22/2023/QH15 dated 26/11/2013 of the National Assembly;
Based on(2) ____
Based on Decision No. ____ dated ____ month ____ year ____ of ____ regarding the approval of the bidder selection results for the package ____ [state the name of the package] and the notification of bid-winning No. ____ dated ____ month ____ year ____ of the Bidding Party;
Based on document No. ____ dated ____ month ____ year ____ of ____ regarding the notification of Electronic Bid Documents approval and contract award,
We, representing the contracting parties, include:
Investor (hereinafter referred to as Party A)
Investor's Name: [state the investor's name]
Address:
Phone:
Fax:
E-mail:
Account:
Tax Code:
Representative is Mr./Ms.:
Position:
Power of attorney for contract signing No. ____ dated ____ month ____ year ____ (in case of authorization).
bidder(3) (hereinafter referred to as Party B)
bidder's Name: [state the name of the selected bidder]
Address:
Phone:
Fax:
E-mail:
Account:
Tax Code:
Representative is Mr./Ms.:
Position:
Power of attorney for contract signing No. ____ dated ____ month ____ year ____ (in case of authorization).
Both parties agree to sign the construction contract with the following contents:
Article 1. Contract Subject
Party A assigns Party B to carry out the construction work, installation of the works according to the approved design.
Article 2. Contract Components
The components of the contract and their legal priority are as follows:
-
- Contract;
- Approval letter for Electronic Bid Documents and contract award;
- bidder's Electronic Bid Documents;
- Specific conditions of the contract;
- General conditions of the contract, including appendices;
- Technical specifications;
- Drawings;
- Description of the bidding works mentioned in the summary table of bidding prices;
- Other accompanying documents (if any).
Article 3. Responsibilities of the bidder
The bidder commits to executing the project according to the design and commits to fulfilling all obligations and responsibilities stated in the general and specific conditions of the contract.
Article 4. Responsibilities of the Investor
The investor commits to paying the bidder according to the contract price and the payment method stipulated in Article 5 of this contract and to fully comply with other obligations and responsibilities specified in the general and specific conditions of the contract.
Article 5. Contract Price and Payment Method
1. Contract Price: ____________[clearly state the value in numbers, words, and the currency of the contract].
2. Payment Method: Payment according to the method stated in the specific conditions of the contract as stipulated in Section 37.1 E-ĐKCT.
Article 6. Type of Contract: ________
Article 7. Contract Execution Time: _______________
[state the execution time of the contract in accordance with Electronic Bidding Document, Electronic Bid Documents, and negotiation results (if any), completing the contract between the two parties].
Article 8. The value of the work performed by subbidders (not including the portion of work for special subbidders, if any) shall not exceed: ____ [extracted according to Section 30.3 Electronic Content Delivery Network Technology] of the contract price.
Article 9. Validity of the Contract
1. The contract is effective from _____ [specify the effective date of the contract].
2. The contract shall terminate after both parties proceed to liquidate the contract in accordance with the law.
The contract is made in ____ copies, the Investor keeps ____ copies, the bidder keeps ____ copies, all copies of the contract have the same legal validity.
The bidder commits to executing the project according to the design and commits to fulfilling all obligations and responsibilities stated in the general and specific conditions of the contract.
Article 4. Responsibilities of the Investor
The investor commits to paying the bidder according to the contract price and the payment method stipulated in Article 5 of this contract and to fully comply with other obligations and responsibilities specified in the general and specific conditions of the contract.
Article 5. Contract Price and Payment Method
1. Contract Price: ____________[clearly state the value in numbers, words, and the currency of the contract].
2. Payment Method: Payment according to the method stated in the specific conditions of the contract as stipulated in Section 37.1 E-ĐKCT.
Article 6. Type of Contract: ________
Article 7. Contract Execution Time: _______________
[state the execution time of the contract in accordance with Electronic Bidding Document, Electronic Bid Documents, and negotiation results (if any), completing the contract between the two parties].
Article 8. The value of the work performed by subbidders (not including the portion of work for special subbidders, if any) shall not exceed: ____ [extracted according to Section 30.3 Electronic Content Delivery Network Technology] of the contract price.
Article 9. Validity of the Contract
1. The contract is effective from _____ [specify the effective date of the contract].
2. The contract shall terminate after both parties proceed to liquidate the contract in accordance with the law.
The contract is made in ____ copies, the Investor keeps ____ copies, the bidder keeps ____ copies, all copies of the contract have the same legal validity.
| LEGAL REPRESENTATIVE OF THE bidder(4) [write name, title, sign, and seal] | LEGAL REPRESENTATIVE OF THE INVESTOR [write name, title, sign, and seal] |
(1) Based on the nature and requirements of the bidding package, the content of the contract in this template may be modified and supplemented accordingly.
(2) Update the current legal documents related to the contract.
(3), (4) In the case of a PARTNERSHIP bidder, the contract must include information from all PARTNERSHIP members. The legal representatives of each member in the PARTNERSHIP must sign and seal the contract.
APPENDIX OF CONTRACT PRICE TABLE
(Attached to contract number _____, date ____ month ____ year ____)
This appendix is established based on the requirements stated in the Electronic Bidding Document, Electronic Bid Documents and the agreements reached during the negotiation process (if any), completing the contract, including the price (total amount) for each item, work content.
The price (total amount) for each item, work content has included costs related to taxes, fees, charges (if any) according to the tax rate, fee levels at the time of 28 days prior to the deadline for bid submission and contingency costs.
CONTRACT PRICE TABLE
(applied for lump-sum contracts)
(applied for lump-sum contracts)
| No. | Description of Work (2) | Unit | Price by items (3) |
| 1 | Work Item 1 | ||
| 2 | Work Item 2 | ||
| .. | |||
| Total: [System auto-calculation] | |||
| LEGAL REPRESENTATIVE OF THE bidder [write name, title, sign and seal] | LEGAL REPRESENTATIVE OF THE INVESTOR [write name, title, sign and seal] |
CONTRACT PRICE TABLE
(applied for unit price contracts)
(applied for unit price contracts)
| No. | Description of Work | Technical Requirements/ Technical Instructions | Unit | Volume | Unit Price | Total Amount |
| I | Item 1: | |||||
| 1 | ||||||
| 2 | ||||||
| II | Item 2: | |||||
| 1 | ||||||
| 2 | ||||||
| 3 | ||||||
| III | Item… | |||||
| … | …. | |||||
| Contract Price (Transferred to Article 5 of the Contract) | ||||||
| LEGAL REPRESENTATIVE OF THE bidder [insert name, title, sign and seal] | LEGAL REPRESENTATIVE OF THE INVESTOR [insert name, title, sign and seal] |
Form No. 16
CONTRACT PERFORMANCE GUARANTEE
________, date ____ month ____ year ____
To: _______________[insert name of the Investor]
(hereinafter referred to as the Investor)
At the request of ____ [insert name of the bidder] (hereinafter referred to as the bidder) who is the bidder awarded the package ____ [insert name of the package] and is committed to signing the construction contract for the above package (hereinafter referred to as the contract); (1)
According to the provisions in Electronic Bidding Document (or contract), the bidder must submit to the Investor a guarantee from a bank with a specified amount to ensure its obligations and responsibilities in performing the contract;
We, ____ [insert name of the bank] located in ____ [insert name of the country or territory] registered at ____ [insert address of the bank(2)] (hereinafter referred to as the “Bank”), commit to guarantee the execution of the contract of the bidder with an amount of ____ [specify the amount in numbers, words, and currency as required in Article 5 E-ĐKCT]. We commit to unconditionally and irrevocably pay the Investor any amount up to ____ [insert guaranteed amount] as mentioned above when there is a document from the Investor notifying that the bidder has violated the contract during the validity of the performance guarantee.
This guarantee is effective from the date of issue until the end of the day ____ month ____ year ____.(3)
Legal representative of the bank
[insert name, title, sign and seal]
Note:
(1) If the guaranteeing bank requires a signed contract before issuing the guarantee, the Bidder will report to the Investor for consideration and decision. In this case, the above clause can be modified as follows:
“At the request of ____ [insert name of the bidder] (hereinafter referred to as the bidder) who is the successful bidder for the package ____ [insert name of the package] has signed contract number [insert contract number] dated ____ month ____ year ____ (hereinafter referred to as the Contract).”
(2) Bank address: clearly state the address, phone number, fax number, and email for contact.
(3) Specify the duration in accordance with the requirements in Article 5 E-ĐKCT.
To: _______________[insert name of the Investor]
(hereinafter referred to as the Investor)
At the request of ____ [insert name of the bidder] (hereinafter referred to as the bidder) who is the bidder awarded the package ____ [insert name of the package] and is committed to signing the construction contract for the above package (hereinafter referred to as the contract); (1)
According to the provisions in Electronic Bidding Document (or contract), the bidder must submit to the Investor a guarantee from a bank with a specified amount to ensure its obligations and responsibilities in performing the contract;
We, ____ [insert name of the bank] located in ____ [insert name of the country or territory] registered at ____ [insert address of the bank(2)] (hereinafter referred to as the “Bank”), commit to guarantee the execution of the contract of the bidder with an amount of ____ [specify the amount in numbers, words, and currency as required in Article 5 E-ĐKCT]. We commit to unconditionally and irrevocably pay the Investor any amount up to ____ [insert guaranteed amount] as mentioned above when there is a document from the Investor notifying that the bidder has violated the contract during the validity of the performance guarantee.
This guarantee is effective from the date of issue until the end of the day ____ month ____ year ____.(3)
Legal representative of the bank
[insert name, title, sign and seal]
Note:
(1) If the guaranteeing bank requires a signed contract before issuing the guarantee, the Bidder will report to the Investor for consideration and decision. In this case, the above clause can be modified as follows:
“At the request of ____ [insert name of the bidder] (hereinafter referred to as the bidder) who is the successful bidder for the package ____ [insert name of the package] has signed contract number [insert contract number] dated ____ month ____ year ____ (hereinafter referred to as the Contract).”
(2) Bank address: clearly state the address, phone number, fax number, and email for contact.
(3) Specify the duration in accordance with the requirements in Article 5 E-ĐKCT.
Form No. 17
ADVANCE PAYMENT GUARANTEE (1)
________, date ____ month ____ year ____
To: _____________[insert name of the Investor ]
(hereinafter referred to as the Investor)
[insert name of the contract, contract number]
According to the advance payment provisions specified in the specific conditions of the contract, ____ [insert name and address of the bidder] (hereinafter referred to as the bidder) must submit to the Investor a bank guarantee to ensure that the bidder uses the advance payment of ____ [specify the amount in numbers, in words, and the currency used] for the execution of the contract;
We, ____ [insert name of the bank] located in ____ [insert name of the country or territory] registered at ____ [insert address of the bank(2)] (hereinafter referred to as “the bank”), at the request of the Investor, agree unconditionally, irrevocably, and without requiring the bidder to review beforehand, to pay the Investor upon the Investor's request an amount not exceeding ____ [specify the amount in numbers, in words, and the currency used as required by Section 35 E-ĐKCT].
In addition, we agree that any changes, additions, or adjustments to the conditions of the contract or any related documents concerning the contract signed between the bidder and the Investor will not alter any of our obligations under this guarantee.
The value of this guarantee will decrease correspondingly with the advance payment that the Investor recovers through the payment periods specified in Article 5 of the Contract after the bidder presents the Investor's confirmation document regarding the amount recovered during the payment periods.
This guarantee is effective from the date the bidder receives the advance payment under the contract until ____, month ____ year ____ (3) or when the Investor fully recovers the advance payment, whichever comes first.
Legal representative of the bank
[insert name, title, sign and seal]
Note:
(1) Depending on the specific conditions of the bidding package that comply with the requirements in Section 35.1 E-ĐKCT.
(2) Bank address: clearly state the address, phone number, fax number, and email for contact.
(3) The date specified in Section 35 E-ĐKCT.
To: _____________[insert name of the Investor ]
(hereinafter referred to as the Investor)
[insert name of the contract, contract number]
According to the advance payment provisions specified in the specific conditions of the contract, ____ [insert name and address of the bidder] (hereinafter referred to as the bidder) must submit to the Investor a bank guarantee to ensure that the bidder uses the advance payment of ____ [specify the amount in numbers, in words, and the currency used] for the execution of the contract;
We, ____ [insert name of the bank] located in ____ [insert name of the country or territory] registered at ____ [insert address of the bank(2)] (hereinafter referred to as “the bank”), at the request of the Investor, agree unconditionally, irrevocably, and without requiring the bidder to review beforehand, to pay the Investor upon the Investor's request an amount not exceeding ____ [specify the amount in numbers, in words, and the currency used as required by Section 35 E-ĐKCT].
In addition, we agree that any changes, additions, or adjustments to the conditions of the contract or any related documents concerning the contract signed between the bidder and the Investor will not alter any of our obligations under this guarantee.
The value of this guarantee will decrease correspondingly with the advance payment that the Investor recovers through the payment periods specified in Article 5 of the Contract after the bidder presents the Investor's confirmation document regarding the amount recovered during the payment periods.
This guarantee is effective from the date the bidder receives the advance payment under the contract until ____, month ____ year ____ (3) or when the Investor fully recovers the advance payment, whichever comes first.
Legal representative of the bank
[insert name, title, sign and seal]
Note:
(1) Depending on the specific conditions of the bidding package that comply with the requirements in Section 35.1 E-ĐKCT.
(2) Bank address: clearly state the address, phone number, fax number, and email for contact.
(3) The date specified in Section 35 E-ĐKCT.
Form No. 18
POWER OF ATTORNEY (1)
Today, date ____ month ____ year ____, at ____
I am ____[insert name, ID number or passport number, title of the legal representative of the bidder], the legal representative of ____[insert name of the bidder] with an address at ____[insert address of the bidder] hereby authorize____[insert name, ID number or passport number, title of the authorized person] to perform the following tasks during the bidding process for package ____[insert name of the package] related to the project/procurement estimate____[insert name of the project/procurement estimate] organized by ____[insert name of the Investor] :
- Participate in the negotiation and finalization of the contract;
- Sign the contract with the Investor if selected(2).
The authorized person mentioned above may only perform tasks within the scope of the authorization as the legal representative of ____[insert name of the bidder]. ____[insert name of the legal representative of the bidder] is fully responsible for the tasks performed by ____[insert name of the authorized person] within the scope of the authorization.
This power of attorney is effective from the date ____ to the date ____(3). This power of attorney is made in ____ copies, all of which have equal legal value, the authorizer keeps ____ copies, the authorized person keeps ____ copies, and the bidding party keeps ___ copies..
| Authorized Person [insert name, title, signature, and stamp (if any)] | Authorizing Person [insert name of the legal representative of the bidder, title, signature, and stamp] |
Note:
(1) In case of authorization, the original power of attorney must be sent to the bidding party during contract negotiation (if any) and contract signing. The authorization of the legal representative of the bidder to deputies, subordinates, branch directors, or heads of the bidder's representative office to act on behalf of the legal representative of the bidder to perform one or more of the tasks mentioned above. The use of stamps in case of authorization may be the bidder's stamp or the stamp of the unit to which the authorized individual belongs. The authorized person may not further delegate authority to others.
(2) The scope of the authorization includes one or more tasks mentioned above.
(3) Specify the effective date and expiration date of the power of attorney in accordance with the contract negotiation process (if any) and contract signing. The power of attorney must ensure validity before the date of performing the authorized tasks.
[1] Only evaluate this content for bidders who are public service units.
[2] bidders who are non-public service units established under the provisions of law must meet the conditions specified in Section 5 Electronic Content Delivery Network Technology when participating in the bidding.
[3] In case of applying this method, remove section 3.2 of this chapter.
[4] In case of applying this method, remove section 3.1 of this chapter.
[5] In case of applying this method, remove section 4.2 and section 4.3 of this chapter.
[6] In case of applying this method, remove section 4.1 and section 4.3 of this chapter.
[7] In case of applying this method, remove section 4.1. Lowest price method and section 4.2. Evaluation price method.
[8] The total of the coefficients Ac and Bc must equal 1 (one) in the formula used for each currency (typically, the coefficient A for the non-adjustable payment part (fixed cost factors or other non-adjustable components) is 0.15). Typically, these two coefficients must be the same in the formula for all currencies. The total adjusted value for each currency will be added to the Contract Price.
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