THE MINISTRY OF PLANNING THE SOCIALIST REPUBLIC OF VIETNAM

AND INVESTMENT Independence– Freedom – Happiness

-------- ---------------
No. 11/2016/TT-BKHDT Hanoi, July 26, 2016

CIRCULAR
ON GUIDANCE ON BIDDING DOCUMENTS FOR ENGINEERING-PROCUREMENT OF GOODS-
CONSTRUCTION (EPC)
Pursuant to the Law on bidding No. 43/2013/QH13 dated November 26, 2013;
Pursuant to the Law on Construction No. 50/2014/QH13 dated June 18, 2014;
Pursuant to Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 on guidelines for the Law
on Investment in terms of selection of contractors;
Pursuant to the Government's Decree No. 116/2008/ND-CP dated November 14, 2008 defining the
functions, tasks, entitlements and organizational structure of the Ministry of Planning and Investment;
The Minister of Planning and Investment promulgates a Circular on guidance on bidding documents
for engineering-procurement of goods-construction (EPC).
Article 1. Scope
1. This Circular provides guidance on Bidding documents for Engineering-Procurement of goods-
Construction (EPC) applicable to work packages (hereinafter referred to as package) of projects under
scope of regulation prescribed in Article 1 of the Law on bidding No. 43/2013/QH13 and in conformity
with EPC form prescribed in Clause 1 Article 3 of this Circular. Bidding documents’ forms issued
herewith shall apply to open tender, international selective tendering according to single stage-two
envelope bidding procedure.
2. With regard to EPC packages funded by ODA, the Bidding Documents issued herewith shall apply
with the consent of the donors or be amended in accordance with regulations on bidding in treaties,
international agreements between Vietnam and those sponsors.
Article 2. Regulated entities
1. Organizations and individuals engaging in or involving in selection of contractors of EPC packages
under scope of regulation prescribed in Article 1 of this Circular.
2. Organizations and individuals engaging in selection of contractors not under scope of regulation
prescribed in the Law on bidding No. 43/2013/QH13 that choose to apply regulations in this Circular.
Article 3. Applying EPC Bidding Documents’ Forms
1. EPC is applied to projects that are complicated, require high technology and strictly comply with the
consistency from the design to procurement of equipment phase, construction, training, technology
transfers, warranty, and long-term maintenance. EPC is suitable for projects related to mechanics,
electricity, oil and gas, chemistry, cement, mining, water supply, sewage treatment and waste
treatment to which the design and manufacture of equipment cannot be separated due to the
consistency requirements.
The EPC form shall not be applied in the case where it is impossible to divide the package into smaller
packages including engineering (E), procurement of goods (P), and construction (C) or including
engineering and procurement of goods (EP) and construction (C) so as to enable domestic enterprises
to participate in bidding and carry out the package.
2. EPC Bidding documents issued herewith include:
Notification of updates of bidding documents
Part 1. Bidding procedures
Chapter I. Instructions to Bidders
Chapter II. Bid Data Sheet
Chapter III. Evaluation and Qualification Criteria
Chapter IV. Bidding forms
Part 2. Employer’s requirements
Chapter V. Introduction of project and package
Chapter VI. Time Schedule Requirements
Chapter VII. Technical Specifications
Chapter VIII. Drawings
Part 3. Conditions of Contract
Chapter IX. General Conditions of Contract
Chapter X. Special Conditions of Contract
Appendix 1. Examples of Special Conditions of Contract
Chapter XI. Contract Forms
Appendix 2. Examples and guidelines for the Bidding Documents.
3. When making, appraising, and approving EPC Bidding Documents applicable to international open
tender, selective bidding with single-stage and two-envelope bidding procedure within the scope of
regulation of this Circular, organizations and individuals must apply EPC Bidding Documents Form
issued herewith.
When the Bidding Documents are used for a specific EPC package, the Investor or the Employer need
make necessary amendments to complete Chapters of the Bidding Documents Form in conformity
with the nature and scope of each package and the bidding time. All requirements in the Bidding
Documents must be provided according to the rules of competition, equity, transparency and economic
efficiency; no requirement is given for the purpose of restricting participation of bidders, providing
advantages for one or some of bidders resulting in the unfair competition.
- Chapter I. This Chapter includes Instructions to Bidders to participate in the process of bidding,
formulated according to the Law on Bidding, guiding documents of the Law on Bidding and relevant
provisions of law in Vietnam. Instructions referred to BDS in this Chapter shall be interpreted that they
need to be provided additional information in conformity with the package.
- Chapter II. Each item in Chapter I referred to BDS must be specified in the respective item of
Chapter II to each package.
- Chapter III. This Chapter specifies the regulations and criteria to be used to determine the bid and
procedures for bid evaluation. Specific criteria must be specifically determined in conformity with each
package. This Chapter provides some examples for applying evaluation criteria.
- Chapter IV. This Chapter specifies the forms to be submitted with the Bid.
- Chapters V, VI, VII, VIII, X. This Chapter includes instructions, forms together with some examples
for each package. Instructions and examples specified in this Chapter shall be updated and chosen
from the most popular examples when issuing those Bidding Documents Forms and the user shall
choose a specific plan according to the scope and nature of each package.
- Chapter IX. General Conditions of Contract of FIDIC applicable to EPC package prescribed in Clause
3 Article 5 of this Article are recommended.
- Chapter XI. Similar to Chapter IV, this Chapter specifies forms enclosed with the Contract that are
completed by the successful Bidder after contract award. According to the scope and nature of the
package, these forms may be modified in accordance with law on bidding and relevant law provisions.
- Notice of updates of Bidding Documents: This Notice is an integral part of the Bidding Documents
specifying updates of the Bidding Documents before issuing.
4. With regard to EPC packages applicable to methods of domestic open tender or selective bidding,
or direct contracting, the Bidding Documents Forms shall be modified according to the scope and
nature of the package and in accordance with the Law on Bidding No. 43/2013/QH13, Decree No.
63/2014/ND-CP.
5. With regard to mixed packages including design and procurement of goods (EP), design and
construction (EC), procurement of goods and construction (PC), plan, design, procurement and
construction (turnkey), according to the scope and nature of the package, the Bidding Documents
Forms and other following forms may be modified: The Bid of consultancy, procurement, and
construction for appropriate application in accordance with law on bidding.
6. With regard to mixed packages applying double-stage, the Investor shall modify the Bidding
Documents Forms for appropriate application in accordance with law on bidding.
Article 4. Regulations on taxes, fees, charges
1. The Bid Price of the Bidder must include total expenses incurred to perform the package, including
taxes, fees, and charges (if any). The taxes, fees and charges shall be determined at 28 days prior
the deadline for submission of Bid.
2. The taxes, fees and charges shall not be considered during the comparison and ranking of the
Bidder. The first-ranking Bidder shall have taxes, fees, and charges (if any) determined in the
negotiation of Contract phase. The Successful Bid and Contract Price must include taxes, fees, and
charges (if any).
Article 5. Contract
1. The Bidding Documents shall consist of Contract Agreement Form and terms and conditions of the
Contract as the basis for bid offer and negotiation, finalization, conclusion and execution of Contract.
2. The Contract concluded between the Investor and the Contractor is based on the Contract
Agreement Form and Conditions of Contract in the Bidding Documents, Contract amendments
proposed by the Investor and approved by the Investor in the progress of negotiation and finalization
of Contract in accordance with law on bidding and relevant law provisions.
3. The General Condition of Contract shall be those "Conditions of Contract for EPC/Turnkey Project",
edition 1999, published by Federation International des Ignenieurs-Conseils (FIDIC). In this case, it is
recommended to refer to examples of Special Conditions of Contract published on the website
muasamcong.mpi.gov.vn.
If the General Condition of Contract published by FIDIC is used for each package or a specific project,
the Employer is recommended to buy the GCC copyright as prescribed by FIDIC and law on
intellectual property.
Article 6. Implementation
1. This Circular comes into force from October 1, 2016.
2. Ministries, ministerial-level agencies, Governmental agencies, other agencies of central
government, People’s Committees, relevant organizations and individuals shall implement this
Circular. Difficulties that arise during the implementation of this Circular should be reported to the
Ministry of Planning and Investment for consideration./.

MINISTER

Nguyen Chi Dung

APPENDIX
EPC PACKAGE EXECUTION PROCESS
(Issued together with Circular No. 11/2016/TT-BKHDT dated July 26, 2016 of the Ministry of Planning
and Investment)
STEPS ENTITY IN CHARGE
Notes:
1
Regarding detailed construction design
- The construction design must be made in accordance with regulations on design prescribed in the
Law on Construction No. 50/2014/QH13; Chapter III Decree No. 46/2015/ND-CP; Section 1 Chapter III
Decree No. 59/2015/ND-CP and relevant laws.
- Engineering objectives made by the Bidder must comply with Article 18 of Decree No. 46/2015/ND-
CP.
- Designs made by the Bidder must be appraised, assessed and approved as prescribed in Articles 24
and 25 of Decree No. 59/2015/ND-CP. The appraisal, assessment and approval of detailed
construction design shall apply to each construction part or item or the whole construction.
If a document referred to in this Appendix is replaced or amended, the new document shall prevail.

FORM OF
BIDDING DOCUMENTS FOR ENGINEERING-PROCUREMENT OF GOODS-CONSTRUCTION
APPLICABLE TO OPEN TENDER, INTERNATIONAL SELECTIVE BIDDING ACCORDING TO
SINGLE STAGE-TWO ENVELOPE BIDDING PROCEDURE
(Issued together with Circular No. 11/2016/TT-BKHDT dated July 26, 2016 of the Ministry of Planning
and Investment on guidelines for bidding documents for engineering-procurement of goods-
construction)

BIDDING DOCUMENTS
 Procurement number: _______________
Package’s name: _______________
Project: _______________
[insert the procurement number, package’s name and the project’s name according to the plan
for Bidder selection]
Issued on: _______________
[insert date of issuing invitation for bids for Bidders]
Issued together with Decision: _______________
[insert number and date of the Decision on approval for the invitation for bids]

Consulting by Employer
(if any) [full name and seal]
[full name and seal]

ABBREVIATIONS
EPC Engineering-Procurement of goods-Construction

ITB Instructions to Bidders

BDS Bid Data Sheet

GCC General Conditions of Contract

SCC Special Conditions of Contract

Law on bidding Law on bidding No. 43/2013/QH13 dated November 26, 2013 of the
National Assembly

Decree 63/CP Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 on
guidelines for the Law on Investment in terms of selection of
contractors

VND Vietnamese dong

USD US Dollar

EUR Euro

TABLE OF CONTENTS
Notification of updates of bidding documents
Part 1. Bidding procedures
Chapter I. Instructions to Bidders
Chapter II. Bid Data Sheet
Chapter III. Evaluation and Qualification Criteria
Chapter IV Bidding forms
Part 2. Employer’s Requirements
Chapter V. Introduction of project and package
Chapter VI. Time schedule Requirements
Chapter VII. Technical Specifications
Chapter VIII. Drawings
Part 3. Conditions of contract
Chapter IX. General Conditions of Contract
Chapter X. Special Conditions of Contract
Appendix 1. Examples of Special Conditions of Contract
Chapter XI. Contract Forms
Appendix 2. Examples and guidelines for Bidding Documents

TABLE OF BIDDING DOCUMENTS’ FORMS

Part 1.
BIDDING PROCEDURES
Content Page

Chapter I. Instructions to Bidders

Section 1. Scope of Bid

Section 2. Sources of Funds

Section 3. Fraud and Corrupt Practices

Section 4. Eligible Bidders and Eligible Materials, Equipment and Services

Section 5. Contents of Bidding Document

Section 6. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting

Section 7. Amendment of Bidding Document

Section 8. Cost of Bidding

Section 9. Language of Bid

Section 10. Documents Comprising the Bid

Section 11. Letter of Bid and Schedules

Section 12. Documents Establishing the Eligibility and Qualifications of the Bidder

Section 13. Technical Proposal

Section 14. Bid Prices and Discounts

Section 15. Alternative Bids

Section 16. Currencies of Bid and Payment

Section 17. Period of Validity of Bids

Section 18. Bid Security

Section 19. Format and Signing of Bid

Section 20. Sealing and Marking of Bids

Section 21. Deadline for Submission of Bids

Section 22. Late Bids

Section 23. Withdrawal, Substitution, and Modification of Bids

Section 24. Confidentiality

Section 25. Clarification of Bids

Section 26. Deviations, Reservations and Omissions

Section 27. Responsiveness of Bids

Section 28. Nonmaterial Nonconformities

Section 29. Subcontractors

Section 30. Incentives in Selection of Bidders

Section 31. Technical Proposal Opening

Section 32. Technical Proposal Opening

Section 33. Financial Proposal Opening

Section 34. Financial Proposal Evaluation and Ranking of Bidders

Section 35. Negotiation of Contract

Section 36. Conditions for Successful Bidder

Section 37. Publishing results of bidder selection

Section 38. Letter of Acceptance and Award of Contract

Section 39. Bidding Cancellation

Section 40. Conditions for Signing of Contract

Section 41. Performance Security

Section 42. Handling Complaints in Bidding

Section 43. Monitoring Bidder Selection Progress

Chapter II. Bid Data Sheet (BDS)

Chapter III. Evaluation and Qualification Criteria

Section 1. Evaluation of Eligibility of Technical Proposal

Section 2. Qualification Criteria

Section 3. Technical Evaluation Criteria

Section 4. Evaluation of Eligibility of the Financial Proposal

Section 5. Financial Evaluation Criteria

Section 6. Alternative Bid (if any)

Chapter IV. Bidding Forms

A. Letter of Technical Bid

Form No. 01. Letter of Bid

Form No. 02. Power of Attorney

Form No. 03. Joint Venture Agreement

Form No. 04. Bid Security

Form No. 05a. Bidder’s Information Sheet

Form No. 05b. JV’s Information Sheet

Form No. 06. List of companies in charge of package work

Form No. 07. Previous Contract Non-Fulfillment Records

Form No. 08. Pending Litigation

Form No. 09. Historical Financial Situation of Bidder

Form No. 10. Average Annual Turnover from consultancy, procurement of goods and
construction
Form No. 11. Financial Resources

Form No. 12. Monthly financial resources for contracts being executed

Form No. 13. Similar contracts

Form No. 14. Proposed Personnel for Key Positions

Form No. 15. Resume of Personnel for Key Positions

Form No. 16. Working Experience

Form No. 17. Equipment

Form No. 18(a). Proposed Subcontractors

Form No.18 (b). Proposed Special Subcontractors

B. Letter of Financial Bid

Form No. 19(a). Letter of Bid (without discount offer in the Letter of Bid or with discount offer
submitted in a separate Letter of Discount)

Form No.19 (b). Letter of Bid (with discount offer in the Letter of Bid)

Form No. 20. Grand Summary

Form No. 21. Schedules of Payment Currencies

Form No. 22. Bill of Quantities

Form No. 23. Daywork Schedule

Form No. 24. Summary of Specified Provisional Sums

Form No. 25. Schedule of Adjustment Data

Form 25’. Declarations of domestically-produced costs of Goods eligible for incentives

Part 2
EMPLOYER’S REQUIREMENTS
Chapter V. Project and Package

1. Project

2. Package

Chapter VI. Time Schedule

1. Time Schedule of Project

2. Time Schedule of Package and Milestones

Chapter VII. Technical Specifications

1. Technical Specifications

2. Functional Guarantees

Chapter VIII. Drawings

Part 3
CONDITIONS OF CONTRACT
Chapter IX. General Conditions Of Contract

Chapter X. Special Conditions of Contract

Appendix 1. Examples of special conditions of contract

Appendix 1.1. Insurance requirements

Appendix 1.2. Terms and Procedures of Payment

Appendix 1.3. Management of Taxes, Fees, and Charges

Appendix 1.4. Functional Guarantees

Chapter XI. Contract Forms

Form No. 26. Letter of Acceptance and Notification of Award

Form No. 27. Contract Agreement

Form No. 28. Performance Security

Form No. 29. Bank Guarantee for Advance payment

Form No. 30. Taking Over Certificate

Form No. 31. Completion Certificate

Form No. 32. Change Order Procedures and Forms

Form No. 33. Request for Change Proposal Form

Form No. 34. Change Proposal Form

Form No. 35. Estimate for Change Proposal Form

Form No. 36. Acceptance of Estimate Form

Form No. 37. Change Order Form

Form No. 38. Contract Appendix on Change

Form No. 39. Specific Time Schedule

Form No. 40. List of Documents for Approval or Review by Investor

Form No. 41. List of Subcontractors

Appendix 2. Examples and Guidelines for Bidding Documents.

Example 1. Technical Evaluation Criteria using Weighted Scoring Method

Example 2. Technically Criteria Evaluation using Pass/Fail Criteria

Example 3. Calculation of Value of Efficiency or Loss Penalties of Thermal Power Projects

Example 4: Notes of Preparing Bill of Quantities (Hydropower Projects)

Example 5: Technical Specifications and Package Requirements

NOTICE OF UPDATES OF BIDDING DOCUMENTS

Project’s name:
Package’s name: _________________________________________________________
Investor: ________________________________________________________________
Employer: _______________________________________________________________
Employer’s address: _______________________________________________________
Phone number/Fax: _______________________________________________________
Email: __________________________________________________________________
[Insert the Employer’s name] hold a bidding of the package [package's name] of the project [project’s
name]. [Insert Employer’s name] invites Bidder to participating in the bidding of the above package.
[Preliminary introduction of project and package]
The bidding must be conducted in accordance with regulations on International competitive bidding
according to the single-stage and two-envelope procedure of the Law on bidding, its guiding
documents with unlimited number of Bidders.
One package of Bidding Documents consists of:
1. Notice of updates of Bidding Documents
2. Bidding Documents including:
- Part one: Bidding Procedures
- Part two: Employer’s Requirements
- Part three: Conditions Of Contract
....
n. Revisions of Bidding Documents:
[Insert revisions of Bidding Documents. Example: Changes to Bidder’s qualification requirements].
When submitting a Bid, the Bidder shall furnish a Bid Security of [insert value in number and words,
currency, form] or in freely convertible foreign currency equivalent of [insert value in number and
words, foreign currency] to the Employer's address no later than ___ [hour] (Vietnamese time zone),
on ______ [insert deadline for submission of Bid]. Any Bid received after the deadline for submission
of Bid shall be rejected.
The Bid shall be opened at ___ [hour] Vietnamese time zone) on ____[date] ____at [bid opening
place] regardless of the absence of any Bidder’s representative.
[Insert Employer’s name] invites Bidders’ representatives to participate in the bid opening.
If this Notice and any of the Bidding Documents are different, the former shall apply.

__ [location],__________[date]
INVESTOR'S REPRESENTATIVE
(Full name, position, signature and seal)

Part 1
BIDDING PROCEDURES
Chapter I
INSTRUCTIONS TO BIDDERS
1. Scope of Bid 1.1. The Employer indicated in the BDS, issues these Bidding Documents for
the EPC package as specified in Part 2 – Employer’s Requirements.
1.2. The name and number of package prescribed in the BDS.
1.3. Contract duration shall comply with the BDS.

2. Sources of Funds Sources of Funds (or capital-raising methods) to be used for the package are
specified in the BDS.

3. Fraud and 3.1. Corrupt practice.

Corruption
3.2. Take advantage of positions, powers aiming to interfere illegally in a
bidding process.
3.3. Collusive practice, including the following acts:
a) Agreeing on bidding withdrawal or withdrawal of Letter of Bid already been
submitted so that one party or parties in agreement win bid;
b) Agreeing that one party or parties jointly prepare(s) Bidding Documents so
that one party may win bid;
c) Agreeing on refusal for supply of Goods, refusal for concluding contracts
with subcontractors, or causing of other difficulties to parties which refuse to
participate in agreement.
3.4. Fraudulent practice, including the following acts:
a) Providing a wrong presentation intentionally or falsifying information,
documents of a Bidder with the aim to obtain financial benefits or other
benefits or with the aim to avoid any obligation;
b) Individuals who directly assess the Bidding Documents and results of
Bidder selection provide wrong reports or untrue information falsifying the
results of Bidder selection;
c) Bidders intentionally provide dishonest information in the Bidding
Documents falsifying the result of Bidder selection.
3.5. Interference practice, including the following acts:
a) Destroying, cheating, changing, hiding proof or reporting contrary to the
truth; threatening, disturbing or suggesting with any Bidder with the aim to
prevent the clarification of corrupt, fraudulent or conclusive practice with
authorities in charge of supervisions, inspections and audit;
b) Impeding Bidders, authorities in charge of supervision, inspection and
audit.
3.6. Inequality and intransparency, including the following acts:
a) The Employer makes a Bid as a Bidder or performs tasks of a Bidder for its
own Invitation for bids.
b) Formulating and engaging in evaluation of the Bidding Documents of the
same package;
c) Engaging in evaluation of the Bidding Documents and assessing the
results of Bidder selection of the same package;
d) Any individual of the Employer, Investor directly participates in the Bidder
selection process, or participates in an expert group or evaluation group for
results of Bidder selection, or a Head of the Employer has packages of which
his or her natural parent, parent-in-law, spouse, natural child, adopted child,
son or daughter-in-law or sibling is a Bidder or a legal representative of the
Employer;
dd) The Employer make a bid for the EPC package for which it provided
consultancy services;
e) Any individual makes a bid in his/her name for the package of a project
whose Employer or Investor is his/her workplace within 12 months, from the
date on which he/she quits his/her job from such workplace;
g) Applying a method of Bidder selection other than National Competitive
Bidding upon the unsatisfaction of requirements prescribed in the Law on
bidding;
h) Specifying detailed requirements pertaining to trademarks and origin of
Goods in the Invitation for Bids;
i) Dividing a project into packages contrary to the provisions in the Law on
Bidding with the aim to apply Direct contracting or Bidder limitations.
3.7. Disclosing or receiving the following documents in terms of the Bidder
selection process, other than the cases prescribed in Point b Clause 7 of
Article 73, Clause 12 of Article 74, Point i Clause 1 of Article 75, Clause 7 of
Article 76, Clause 7 of Article 78, Point d Clause 2 of Article 92 of the Law on
Bidding:
a) Contents of the Bidding Documents before the issuing time as prescribed;
b) Contents of Bid, notebooks and minutes of bid consideration meetings,
comments and evaluation regarding each Bid prior to the announcement of
the results of Bidder selection;
c) Contents of Requests for Clarification of Bids made by the Employer and
responses of the Bidder during the process of evaluation of Bids prior to
announcement of the results of Bidder selection;
d) Reports of the Employer and expert group, evaluation reports, reports of
consulting Bidder, reports of relevant specialized agencies during the Bidder
selection process prior to announcement of the results of Bidder selection;
dd) Results of Bidder selection prior to the stipulated time for announcement;
e) Other documents during the Bidder selection process which are stamped
"confidential" as prescribed by law.
3.8. Contract transfer, including the following acts:
a) Any Bidder transfers to another Bidder a part of work under package at
value of 10% or more or under 10% but greater than VND 50 billion (after
 deducting part of work under responsibilities of subcontractors) calculated on
the Contract Price;
b) The investment owner or the supervision consultant permits the Bidder to
transfer work under their duties, except for the part of work under duties of
sub-contractors as stated in contract.
3.9. Holding selection of Bidder when the Sources of Funds for the package
has not yet been determined, resulting in insolvency of the Bidder.

4. Eligible Bidders 4.1. An eligible Bidder must:

and Eligible Supply,
a) Have been granted an enterprise registration certificate, a establishment
Equipment and
decision or equivalent issued by a competent authority of the country in which
Services
the Bidder is operating;
b) Keep independent accounting records;
c) Be not undergoing dissolution process, is not thrown into bankruptcy, and
does not incur bad debts as prescribed by law;
d) Ensure the competitiveness in bidding as prescribed in the BDS;
dd) Be not banned from bidding as prescribed in law on bidding;
e) Have registered on national bidding network;
g) Have Parties in the joint venture or subcontractors being Vietnamese
Bidder as prescribed in BDS.”
4.2. Eligible Materials, Equipment and Related Services:
a) All the Materials, Equipment and Related Services to be supplied under the
Contract may be considered eligible if they have clear and lawful origin. The
Bidder must specify symbols, trademarks (if any) and origin of primary major
supply and equipment. The Employer may request the Bidder to provide
supporting documents for origin of the supply and equipment. Regarding
other types of supply and equipment, the Bidder must specify their origin
during the execution of the Contract.
b) The term “origin” means the country or territory where a product is wholly
obtained or produced completely; or the place where the last substantial
transformation took place for a product which has been produced in more
than one country;
c) Documents proving the origin of supply and equipment, and eligibility of
Related Services may consist of: Certificate of origin, certificate of quality, bill
of lading, deliverables related to supply and equipment; and documents
proving the eligibility of Services provided for the package.

5. Contents of 5.1. The Bidding Documents consists of Notice of Updates of Bidding

Bidding Documents Documents (if any) and Parts 1, 2, and 3 in conjunctions with any Addendum
issued in accordance with ITB Section 8. (if any).
5.2. The Employer is not responsible for the accuracy and completeness of
the Bidding Documents and their addenda, minutes of pre-bid meeting (if any)
or documents on amendments to Bidding Documents as specified in ITB
Section 7 if they were not obtained directly from the Employer. If documents
received by the Bidder and documents issued by the Employer are different,
the later shall apply.
5.3. The Bidder shall to examine all instructions, forms, terms, and
specifications in terms of the Employer’s requirements and financial
requirements and other requirements in the Bidding Documents to furnish all
information or documentation required by the Bidding Documents.

6. Clarification of 6.1. A prospective Bidder requiring any clarification of the Bidding Documents
Bidding Documents, shall contact the Employer in writing or ask questions in the pre-bid meeting
Site Visit, Pre-Bid (if any) as specified in ITB Section 6.4. The Employer will respond in writing
Meeting to any request for clarification, provided that such request is received no later
than a given days prior to the deadline for submission of Bid as specified in
BDS. The Employer shall forward copies of its response to all those who have
acquired the Bidding Documents directly from it, including a description of the
inquiry but without identifying its source. Should the Employer deem it
necessary to amend the Bidding Documents as a result of a clarification, it
 shall do so following the procedure under ITB Section 7 and ITB Section 21.2.
6.2. The Bidder is advised to visit and examine the site and its surroundings
and obtain for itself on its own responsibility all information that may
necessary for preparing the Bid and entering into a Contract. The costs of
visiting the site shall be at the Bidder’s own expenses.
6.3. The Bidder and any of its personnel or agents will be granted permission
by the Employer to enter upon its premises and lands for the purpose of such
visit, but only upon the express condition that the Bidder, its personnel, and
agents will release and indemnify the Employer and its personnel and agents
from and against all liability in respect thereof. The Bidder, its personnel, and
agents will be responsible for accidents, loss or damage to property, and any
other loss, damage, costs, and expenses incurred as a result of the
inspection. In exceptional circumstances, the Employer shall provide the
Bidder with guidelines for Site Visit as specified in BDS.
6.4. The Employer shall hold a Pre-Bid Meeting if provided for in the BDS.
The purpose of the meeting will be to clarify issues and to answer questions
on any matter that may be raised in connection with the Bidding Documents.
The Bidder is requested, as far as possible, to submit any question in writing,
to reach the Employer before the pre-bid meeting.
Minutes of the pre-bid meeting shall include: the text of the questions raised
(without identifying the source), and the responses given by the Employer.
The minutes of the pre-bid meeting will be transmitted to all Bidders who have
acquired the Bidding Documents from the Employer. Should the Employer
deem it necessary to amend the Bidding Documents as a result of a pre-bid
meeting, it shall do so following the procedure under ITB Section 7, the
minutes of the pre-bid meeting is different from the addendum of Bidding
Documents. Absence from the pre-bid meeting is not a reason for
disqualifying a Bidder.

7. Amendment of 7.1. At any time prior to the deadline for submission of Bid, the Employer may
Bidding Documents amend the Bidding Documents by issuing addendum.
7.2. Any addendum issued shall be part of the Bidding Documents and shall
be communicated in writing to all who have obtained the Bidding Documents
directly from the Employer.
7.3. Each addendum shall be sent to all Bidders who have obtained the
Bidding Documents directly from the Employers within a given time as
specified in the BDS. To give prospective Bidders reasonable time in which to
take an addendum into account in preparing their bids, the Employer may
extend the deadline for submission of Bid, pursuant to ITB Section 21.2. The
Bidder must notify the Employer of the receipt of the addendum in wiring, by
post, via fax or email.

8. Cost of Bidding The Bidder shall bear all costs associated with the preparation and
submission of its bid. The Employer shall not be responsible or liable for
those costs.

9. Language of Bid The Bid, as well as all correspondence and documents relating to the Bid
exchanged by the Bidder and the Employer, shall be written in the language
prescribed in the BDS.

10. Documents The Bid includes Technical Proposal and Financial Proposal, which comprise
comprising the Bid the following:
10.1. Technical Proposal includes administrative documents, legal
documents, qualification documents, technical proposals of the Bidder as
required by Bidding Documents. In particular:
a) Letter of Technical Bid in accordance with ITB Section 11 ;
b) Joint venture agreement (for any Bidder in a joint venture) using form 03
Chapter IV - Bidding Forms;
c) Bid Security, in accordance with ITB Section 18;
d) Written confirmation of eligible Bidder, in accordance with ITB Section 4.1;
dd) Written confirmation of origin of supply and equipment and eligibility of
services in accordance with ITB Section 4.2<
 e) Written confirmation authorizing the signatory of the Bid to commit the
Bidder, in accordance with ITB Section 19.3;
g) Documentary evidence in accordance with ITB Section 12 establishing the
Bidder’s qualifications;
h) Technical Proposal in accordance with ITB Section 13.
10.2. Financial Proposal shall include the following:
a) Letter of Financial Bid in accordance with ITB Section 11;
b) Financial Proposal and Schedules, in accordance with ITB Section 11 and
Section 14.
10.3. Alternative Bids, in accordance with ITB Section 15; in conjunction with
Financial Proposal related to the Alternative Bids (if any);
10.4. Any other document specified in the BDS.

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

12. Documents The Bidder shall fill essential information in the forms mentioned in Chapter
Establishing the IV – Bidding Forms to establish the Bidder’s qualifications to perform the
Qualifications of the contract in accordance with Chapter III - Evaluation and Qualification Criteria.
Bidder The Bidder shall prepare original documents for verification at the request of
the Employer. In case of application of the prequalification, if there is any
change to the information about the Bidder’s qualification between the Bid
and the application for prequalification, the new information shall be updated;
if not, the Bidder shall issue a commitment to satisfy all the package’s criteria.

13. Technical The Bidder shall furnish a Technical Proposal including a statement of work
Proposal methods, equipment, personnel, schedule and any other information as
stipulated in Chapter IV - Bidding Forms, in sufficient detail to demonstrate
the adequacy of the Bidder’s proposal to meet the work requirements and the
completion time.

14. Bid Prices and 14.1. Bid price means the price to be quoted in the Letter of Financial Bid,
Discounts including the total price of the bid (excluding any discounts offered) to perform
the package, in accordance with Part 2 – Employer’s requirements.
14.2. The Bidder shall submit the Bid with all lots and items specified in ITB
Section 1.1 and the Bid unit price and amount of all lots and items shall be
stated in columns "Description" in the Grand Summary and Bill of Quantities
for each item or component prescribed in Forms No. 20, 21, 22, 23, 24
Chapter IV - Bidding Forms. In case the Bidder insert no value or insert “0” in
the columns “Unit Price” and “Total Price”, the Bidder shall be considered
allocating the price of this work item to another work item of the package, the
Bidder shall be responsible for performing these work items in conformity with
the Bidding Documents’ requirements without any payment from the Investor
during the contract performance, except for total price quoted by item or
component.
14.3. Discount offered by the Bidder shall be written directly on the Letter of
Financial Bid or on a separate Letter of Discount. The Bidder shall specify the
discounting method and discounted items mentioned in Columns “List of
Goods” and “Description”. If discounting method is not specified, it will be
understood all items mentioned in the columns “Description” receive equal
discounts. The Letter of Discount may be submitted separately or together
with the Financial Proposal as long as it is received by the Employer before
the deadline for submission of Bid. Any Letter of Discount separately
submitted shall comply with ITB Sections 20.2 and 20.3. The Letter of
Discount shall be preserved as part of the Financial Proposal and opened
together with the Bid.
14.4. The Bidder shall be held accountable for their unit price to perform task
as required by the Bid, if the Bid Price is unusual, the Employer may request
the Bidder to clarify the proportion of unit price in accordance with ITB
Section 25.
The Bid Price quoted by the Bidder shall include all taxes, fees and charges
 (if any) determined at 28 days prior the deadline for submission of Bid. In
case the Bid Price is not inclusive of taxes, fees and charges (if any), the Bid
of the Bidder shall be rejected.
14.5. Bid Price of the Bidder is fixed. If price adjustment is permitted during
the contract execution time as specified in Conditions of Contract, the Bidder
must propose the price adjustment using the Form No. 25 of Chapter IV –
Bidding Forms according to Escalation Formula prescribed in Chapter X –
Special Conditions of Contract.

15. Alternative Bids 15.1. Unless otherwise indicated in the BDS, alternative bids shall not be
considered.
15.2. The Alternative Bids shall only be considered if it satisfies requirements
and the Bidder is ranked the first. In this event, the Bidder must provide all
essential information about: description, drawings, technical specifications,
delivery schedule and other relevant information. The evaluation of
Alternative Bids shall comply with Section 6 Chapter III – Evaluation and
Qualification Criteria.

16. Bid currency and The Bid currency and Payment currency are prescribed in BDS.
Payment currency
payment

17. Period of Validity 17.1. The Bid including Technical Proposal and Financial Proposal shall
of Bids remain valid for the period which is not shorter than the period specified in the
BDS. The Technical Proposal or Financial Proposal valid for a shorter period
shall be rejected by the Employer as non responsive.
17.2. In exceptional circumstances, prior to the expiration of the bid validity
period, the Employer may request bidders to extend the period of validity of
their bids (including the period of validity of Technical Proposal and Financial
Proposal). If a Bid Security is requested, it shall also be extended for a
corresponding period (equivalent to the extended validity period plus 30
days). If the Bidder refuses the request, its Bid shall not be kept considering
and the Bid Security shall be returned. The Bidder accepting the request may
not change any content of the Bid. The request and the responses shall be
made in writing.

18. Bid Security 18.1. When submitting a bid, the Bidder shall furnish a Bid Security before the
deadline for submission of Bid in the form of either a letter of credit or a bank
guarantee from a bank a credit institution lawfully operating in Vietnam using
Form No. 04 Chapter IV – Bidding Forms or in another form provided that it
contains essential contents. In the event that the validity period of the bid is
extended as prescribed in ITB Section 17.2, the Bid Security is also extended
with the same validity period.
If a joint venture make a bid, it may perform the Bid Security following one of
two methods below:
a) Every JV’s Party may perform separate Bid Security provided that total
value of the Bid Security is not lower than that mentioned in ITB Section 18.2;
if the Bid Security is not valid, the Bid of the joint venture shall be rejected as
non-responsive. If any JV’s Party violates law on bidding leading its Bid
Security is not returned as prescribed in ITB Section 18.5, and the Bid
Security shall not be returned.
b) If all JV’s Parties conclude an agreement in which one Party will be
responsible for its Bid Security or for Bid Security of other Parties in the joint
venture. The Bid Security shall be in the name of the joint venture or the JV’s
Party in charge provided that the total value is not lower than that mentioned
in ITB Section 18.2. If any JV’s Party violates law on bidding leading its Bid
Security is not returned as prescribed in ITB Section 18.5, and the Bid
Security shall not be returned.
18.2. Value, currency and validity period of the Bid Security shall be specified
in the BDS.
18.3. A Bid Security shall be not considered valid in one of the following
cases: it has lower value, shorter validity period as required in ITB Section
18.2, inaccurate Employer’s name (beneficiary), non-original paper and
invalid signature and accompanying of disadvantaged conditions to the
 Employer.
18.4. The unsuccessful Bidder shall be either returned or released the Bid
Security within the period as prescribed in the BDS, from the date on which
the notification of the Bidder selection is sent.
With regard to the successful Bidder, the Bid Security shall be returned or
released after the Bidder performs Performance Security.
18.5. The Bid Security shall not be returned in one of the following cases:
a) The Bidder withdraws its Bid (including Technical Proposal or Financial
Proposal) after the deadline for submission of Bid and during the period of bid
validity;
b) The Bidder violates law on bidding which leads to be cancelled bid as
prescribed in ITB Section 39.1;
c) The Bidder fails to furnish the Performance Security as prescribed in ITB
Section 41;
d) The Bidder fails to or refuses to negotiate and finalize the contract, within a
period of 05 days from the date of receipt of notification of contract
negotiation except for force majeure cases;
dd) The Bidder fails or refuses to finalize and sign the contract, within a
period as mentioned in the notification of contract award sent by the
Employer except for force majeure cases.

19. Format and 19.1. The Bidder shall prepare the documents comprising the Bid consisting
Signing of Bid of: 1 original copy of Technical Proposal and 1 original copy of Financial
Proposal as described in ITB Section 10 and a number of photocopies of the
Technical Proposal, Financial Proposal as prescribed in the BDS. The cover
of the documents comprising the Bid shall be clearly marked “TECHNICAL
PROPOSAL ORIGINAL”, “FINANCIAL PROPOSAL ORIGINAL”,
“TECHNICAL PROPOSAL PHOTOCOPY”, “FINANCIAL PROPOSAL
PHOTOCOPY”.
If there any amendments to or replacement for Technical Proposal or
Financial Proposal, the Bidder shall prepare one original and a number of
photocopies of the Bid as prescribed in the BDS. The cover of documents
shall be clearly marked “MODIFIED TECHNICAL PROPOSAL ORIGINAL”,
“MODIFIED TECHNICAL PROPOSAL PHOTOCOPY”, “MODIFIED
FINANCIAL PROPOSAL ORIGINAL”, “MODIFIED FINANCIAL PROPOSAL
PHOTOCOPY”, “SUBSTITUED TECHNICAL PROPOSAL ORIGINAL”,
“SUBSTITUEDSUBSTITUTE TECHNICAL PROPOSAL PHOTOCOPY”,
“SUBSTITUEDSUBSTITUTE FINANCIAL PROPOSAL ORIGINAL”,
“SUBSTITUEDSUBSTITUTE FINANCIAL PROPOSAL PHOTOCOPY”.
If there is an Alternative Bid as prescribed in ITB Section 15, the Bidder shall
prepare one original and a number of photocopies of documents as
prescribed in the BDS. The cover of documents shall be clearly marked
“ORIGINAL OF ALTERNATIVE BID”, “PHOTOCOPY OF ALTERNATIVE BID”.
19.2. The Bidder shall be responsible for the discrepancy between the
original and the copies. In the event of any discrepancy between the original
and the copies does not lead to any change to the rank of the Bidder, the
original shall prevail. In the event of any discrepancy between the original and
the copies leading change to the rank of the Bidder, the Bid shall be rejected.
19.3. The original of Technical Proposal and Financial Proposal shall be typed
or written in indelible ink and have page numbers. Letter of Bid, Letter of
Discount (if any), additional documents, clarifying documents, Price Schedule
and other forms prescribed in Chapter IV - Bidding Forms must bear the
signature and seal of the Bidder’s legal representative or authorized
representative (if any). The authorized representative must obtain a Power of
Attorney using form 02 of Chapter IV – Bidding Forms or a copy of the
Company Charter, a certified Decision on Establishment of branch or other
documents proving the competence of the authorized representative, and it
shall be submitted together with the Bid.
19.4. If the Bidder is a joint venture, the Bid must bear the signatures of legal
representatives or all JV’s Parties or the Party that represents the joint
 venture according to the joint venture agreement. In order to ensure that all
JV’s Parties are legally bound, the joint venture agreement must bear the
signatures of legal representatives of all JV’s Parties.
19.5. Any interlineations, erasures, or overwriting shall be valid only if they
are signed or initialed by the person signing the Bid.

20. Sealing and 20.1. The Technical Proposal envelope contains the original and the copies
Marking of Bids and clearly marks it “TECHNICAL PROPOSAL”. The Financial Proposal
envelope contains the original and the copies and clearly marks it
“FINANCIAL PROPOSAL”.
If there is any revision or replacement of Technical Proposal or Financial
Proposal, the modified or alternative documents (including the original and
the copies) shall be put into separate envelopes and clearly mark it
“MODIFIED TECHNICAL PROPOSAL”, “SUBSTITUTE TECHNICAL
PROPOSAL”, “MODIFIED FINANCIAL PROPOSAL”, “SUBSTITUTE
FINANCIAL PROPOSAL”.
If the Bidder has an Alternative Bid which concludes Technical Proposal and
Financial Proposal, it shall be put into a separate envelope and clearly mark it
“ALTERNATIVE TECHINICAL PROPOSAL”.
These envelopes: including Technical Proposal, Financial Proposal, Modified
Technical Proposal, Modified Financial Proposal, Substitute Technical
Proposal, Substitute Financial Proposal (if any); Alternative Bid (if any), shall
be sealed. The sealing of envelopes shall comply with regulations provided
by the Bidder.
20.2. The outer envelopes shall:
a) bear the name and address of the Bidder;
b) be addressed to the Employer in accordance with ITB Section 21.1;
c) bear the name of the procurement in accordance with ITB Section 1.2; and
d) bear a warning: “not to open before the time and date for Technical
Proposal opening” regarding envelopes of Technical Proposal, Modified
Technical Proposal, or Substitute Technical Proposal (if any); bear a warning
“Do not to open before the time and date of Financial Proposal opening”
regarding envelopes of Financial Proposal, Modified Financial Proposal, or
Substitute Financial Proposal (if any).
20.3. If the envelopes are not sealed or the seals thereof are lost during the
process they are transferred to the Employer, or they are not marked as
required in ITB Sections 20.1. and 20.2, the Bidder shall be responsible for
those violations. The Employer will assume no responsibility for the
confidentiality of the bid if the Bidder fails to comply with above regulations.

21. Deadline for the 21.1. Bids must be received by the Employer at the address and no later than
submission of bids the deadline for submission of Bid specified in the BDS. The Employer shall
receive Bids of all Bidders submitted before the deadline for submission of
Bid, including those who have bought or received the Bidding Documents
from the Employer. Any Bidder that has not bought the Bidding Documents
must pay the Employer an amount equal to the selling price for a set of
Bidding Documents before their Bid envelopes are received.
21.2. The Employer may extend the deadline for submission of Bid by
amending the Bidding Documents in accordance with ITB Section 7, in which
case all rights and obligations of the Employer and Bidders previously subject
to the deadline shall thereafter be subject to the deadline as extended.

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

23. Withdrawal, 23.1. A Bidder may withdraw, substitute, or modify its Bid after it has been
Substitution, and submitted by sending a written notice in accordance with ITB Clause 10, duly
Modification of Bids signed by a legal representative or an authorized representative, and shall
include a copy of the Power of Attorney in accordance with ITB Section 19.3.
The corresponding substitution or modification of the bid must accompany the
 respective written notice. All notices must be:
a) submitted in accordance with ITB Sections 19 and 20, and in addition, the
respective envelopes shall be clearly marked “MODIFIED TECHNICAL
PROPOSAL” OR “MODIFIED FINANCIAL PROPOSAL” or “SUBSTITUTED
TECHNICAL PROPOSAL” or “SUBSTITUED FINANCIAL PROPOSAL”, or
“WITHDRAWAL”; and
b) received by the Employer prior to the deadline prescribed for submission of
bids, in accordance with ITB Section 21.1.
23.2. Bids requested to be withdrawn in accordance with ITB Section 23.1
shall be returned unopened to the Bidders.
23.3. No bid may be withdrawn, substituted, or modified in the interval
between the deadline for submission of bids and the expiration of the period
of bid validity specified by the Bidder on the Letter of Bid or any extension
thereof.

24. Confidentiality 24.1. Information relating to the evaluation of bids, and recommendation of
contract award, shall not be disclosed to bidders or any other persons not
officially concerned with such process until publication of the Contract Award.
No information mentioned in the bid of the successful Bidder is disclosed to
any other bidders, except for information disclosed at the Technical Proposal
and Financial Proposal opening.
24.2. Except for case of the bid clarification prescribed in ITB Section 25 and
the negotiation of contract, the Bidder is not permitted to contact to the
Employer on any matter related to its bid and the package from the bid
opening time until the publication of Contract Award.

25. Clarification of 25.1. After opening Technical Proposal and Financial Proposal, the Bidder is
Bids responsible for clarifying Technical Proposal and Financial Proposal at the
request of the Employer. Any request for clarification of the Employer and any
response of the Bidder shall be in writing. In the event that there is no
documentary evidence establishing the Bidder’s qualifications in the Bidding
Documents, the Employer shall request the Bidder to clarify and supplement
that documentary evidence. Regarding technical and financial proposals
mentioned in Technical Proposal and Financial Proposal, the clarification may
not change essential information about the Bidder, Bid and Bid price. The
Bidder must notify the Employer of the receipt of the addendum in wiring, by
post, via fax or email.
25.2. The Clarification of Bids between the Bidder and the Employer shall be
in writing.
25.3. During the period prescribed in the BDS, in the event that there is no
documentary evidence establishing the Bidder’s qualifications in the Bidding
Documents, the Bidder may supplement that documentary evidence. The
Employer shall receive the Clarification of Bids sent by the Bidder;
documentary evidence establishing the Bidder’s qualifications shall be an
integral part of the Bid. The Employer shall notify of receipt of Clarification of
Bids in writing in writing, by post, by fax or email.
25.4. The Clarification of Bids shall only be made between the Bidder and the
Employer having the bid that needs clarifying. The contents of the
Clarification of Bids shall be treated as an integral part of the Bid by the
Employer. Regarding clarification in terms of the Bidder’s qualification,
technical requirements or financial requirements, if the deadline for
clarification expires, but the Bidder fails to send any clarification or the
clarification does not satisfy requirements of the Employer, the Employer shall
evaluate the Bid sent prior to the deadline for submission of Bid by the Bidder.
25.5. If necessary, the Employer shall request possibly successful Bidders to
clarify their Bids. The Clarification of Bids shall be kept record. The
Clarification of Bids shall be provided objectively and transparently .

26. Deviations, During the evaluation of Bids, the following definitions apply:
Reservations, and
26.1. “Deviation” means a departure from the requirements specified in the
Omissions
Bidding Documents;
26.2. “Reservation” means the setting of limiting conditions or withholding
 from complete acceptance of the requirements specified in the Bidding
Documents;
26.3. “Omissions” means the failure to submit part or all of the information or
documentation required in the Bidding Documents.

27. Determination of 27.1. The Employer shall determine a bid’s responsiveness as prescribed in
Responsiveness ITB Section 11.
27.2. A substantially responsive bid means one that meets all the
requirements of the Bidding Documents without material deviation,
reservation, or omission. A material deviation, reservation, or omission is one
that:
a) if accepted, would affect in any substantial way the scope, quality, or
performance of the work; or limit in any substantial way, inconsistent with the
Bidding Documents, the Investor's rights or the Bidder’s obligations under the
proposed Contracts; or
b) if rectified, would unfairly affect the competitive position of other Bidders
presenting substantially responsive Bids.
28.3. The Employer shall examine all technical aspects of the Bid submitted
in accordance with ITB Sections 13, in particular, to confirm that all criteria
prescribed in Part 2 – Employer’s requirements, have been met without any
material deviation, reservation or omission.
27.4. If a bid is not substantially responsive to the requirements of the Bidding
Documents, it shall be rejected and may not subsequently be made
responsive by correction of the material deviation, reservation, or omission.

28. Nonmaterial 28.1. Provided that a Bid is substantially responsive, the Employer may waive
Nonconformities any nonconformities in the bid that do not constitute a material deviation,
reservation or omission.
28.2. Provided that a bid is substantially responsive, the Employer may
request that the Bidder submit the necessary information or documentation,
within a reasonable period of time, to rectify nonmaterial nonconformities in
the bid related to documentation requirements. Requesting information and
documentation on such nonconformities shall not be related to any aspect of
the price of the Bid. Failure of the Bidder to comply with the request may
result in the rejection of its Bid.
28.3. Provided that a Bid is substantially responsive, the Employer shall
rectify nonmaterial nonconformities related to the Bid Price. To this effect, the
Bid Price shall be adjusted, for comparison purposes only, to reflect the price
of a missing or nonconforming item or component.

29. Subcontractor 29.1. The Contractor is entitled to enter into agreements with subcontractors
mentioned in the list as prescribed in Form 18(a) of Chapter IV – Bidding
Forms. There is no change to the responsibilities of the primary Contractor in
spite of employment of any subcontractor. The Contractor shall be
responsible for quantity, quality, schedule and other responsibilities performed
by the subcontractor. The subcontractor’s qualifications shall not be
considered during the contractor’s bid evaluation (excluding special
subcontractors). The Contractor is required to meet all qualification
requirements (not considering qualification of subcontractors).
If the Contractor does not propose any subcontractor for any task, the whole
package shall under responsibilities of the Contractor. If any subcontractor is
employed during the performance of the contract, the Contractor shall be
accused of conducting “Contract transfer” as prescribed in ITB Section 3.
29.2. The Contractor may employ subcontractors to perform works may not
exceed the given percentage in the Bid Price as specified in BDS.
29.3. The Contractor may not subcontract other tasks mentioned in the Bid;
any subcontractor other than those mentioned in the Bid shall not be replaced
or added or subcontractors may not perform tasks with a value greater than
the value given in ITB 29.2 without a reasonable and legitimate reasons and
the Investor’s consent; if not, the Contractor shall be accused of conducting
“Contract transfer”.
 29.4. The Investor may permit the Contractor to employ special subcontractor
as prescribed in the BDS. The Contractor shall make a list of special
subcontractors with qualifications and work experience using form 18(b) of
Chapter IV – Bidding Forms. The Bidder shall evaluate the special
subcontractor’s qualifications according to the criteria prescribed in Clause
2.3 Section 2 - Qualification Criteria in Chapter III - Evaluation and
Qualification Criteria If the subcontractor and the Contractor fail to satisfy the
criteria of the Bidding Documents, the bid shall be considered as non
responsive.

30. Incentives in 30.1. Rules for incentives:

bidder selection
a) After incentives are determined, if prospective Bids are equally ranked, the
Bidder has proposed the highest domestic costs or has employed more local
labor (over total amount of wages payable prescribed in the Bid) shall be
given incentives;
b) If the Bidder is eligible for more than one incentive, only the highest
incentive is accepted in accordance with the Bidding Documents;
c) The incentives shall be determined according to all Bidder’s proposals of
consultancy, procurement of goods, and construction.
30.2. Entities eligible for incentives and determination of incentives are set
out in BDS.

31. Technical 31.1.Except for cases prescribed in ITB Sections 22 and 23, all Technical
Proposal Opening T Proposals received prior to the deadline for submission of Bid shall be
opened and read out information prescribed in ITB Section 31.3 the
Employer. The Technical Proposal opening shall be held in public at the
address, date and time specified in the BDS in the witness of participants
being Bidders’ representatives and relevant agencies and organizations. The
Technical Proposal opening shall be conducted regardless of the absence of
any Bidder’s representative.
31.2. First, envelopes marked “WITHDRAWAL” shall be opened and read out
and the corresponding bid shall not be opened, but returned to the Bidder. No
bid withdrawal shall be permitted unless the corresponding withdrawal notice
contains a valid authorization to request the withdrawal.
Next, envelopes marked “SUBSTITUTED TECHNICAL PROPOSAL” shall be
opened and read out and exchanged with the corresponding Technical
Proposal being substituted; the initial Technical Proposal envelope shall not
be opened and returned to the Bidder as is. No Technical Proposal
Substitution shall be permitted unless the corresponding substitution notice
contains a valid authorization to request the substitution and is read out at the
bid opening.
Envelopes marked “MODIFIED TECHNICAL PROPOSAL” be opened and
read out with the corresponding Technical Proposal. No Modified Technical
Proposal shall be permitted unless the corresponding modification notice
contains a valid authorization to request the modification and is read out at
the bid opening. Only envelopes that are opened and read out at the
Technical Proposal opening shall be considered further.
31.3. The bid opening shall be conducted to every Technical Proposal or
Alternative Substitute Technical Proposal according to the alphabet order of
the Bidders’ names and following procedures:
a) The seals shall be checked and the envelopes marked “TECHNICAL
PROPOSAL”, “MODIFIED TECHNICAL PROPOSAL” (if any) or
“SUBSTITUTE TECHNICAL PROPOSAL” (if any) shall be opened;
b) All other envelopes, including original, modified or substitute (if any) shall
be opened and read out: the name of the Bidder, the validity period of
Technical Proposal, the performance period and the value and validity period
of the Bid Security and other details as the Employer may consider
appropriate.
c) Number of photocopies of Technical Proposal and relevant information,
including Alternative Bid (if any) shall be read out;
d) The representative of the Employer shall countersign original copy of Letter
 of Bid of Technical Proposal, Power of attorney (if any), Joint Venture
Agreement (if any), Bid Security. No Bid shall be rejected at Bid opening
except for late bids, in accordance with ITB Section 22.
dd) The Employer and bidders shall reach a consensus on sealing how to
seal the envelopes marked “FINANCIAL PROPOSAL”, “MODIFIED
FINANCIAL PROPOSAL”, “SUBSTITUTE FINANCIAL PROPOSAL”. After
sealing, the Employer shall preserve envelopes in conformity with
management regime of confidential document until Financial Proposals are
opened as prescribed in ITB Section 33.
31.4. The Employer shall prepare a record of the Bid opening that shall
include prescribed in ITB Section 31.3. The record of Technical Proposal
opening shall be countersigned by the representative of the Bidders
participating in the Technical Proposal opening. The omission of a Bidder’s
signature on the record shall not invalidate the contents and effect of the
record. A copy of the record shall be distributed to all Bidders who participate
in the bid opening.

32. Technical 32.1. The Employer shall apply criteria mentioned in this Section and method
Proposal Evaluation for evaluation prescribed in BDS to evaluate the Technical Proposals. Any
other criterion or method other than those mentioned above shall not be
permitted to apply.
32.2. Inspection and evaluation the eligibility of the Technical Proposal:
a) The inspection and evaluation of the eligibility of the Technical Proposal
shall comply with Section 1 of Chapter III - Evaluation and Qualification
Criteria;
b) The bidders having eligible Technical Proposal shall be considered further.
32.3. Qualification evaluation:
a) The evaluation of Bidder’s qualification shall comply with Section 2 of
Chapter III - Evaluation and Qualification Criteria;
b) The bidders satisfying qualification requirements shall be considered
further.
32.4. Technical evaluation:
a) The Technical evaluation shall comply with Section 3 of Chapter III -
Evaluation and Qualification Criteria;
b) The bidders satisfying technical evaluation shall be considered further as
prescribed in Section 4, 5 of Chapter III - Evaluation and Qualification Criteria.
32.5. List of bidders satisfying technical requirements shall be approved in
writing. The Employer shall send the List of bidders satisfying technical
requirements to all bidders, which contains invitations of bidders satisfying
technical requirements to open Financial Proposal, together with time and
location of opening Financial Proposal.

33. Financial 33.1. The Financial Proposal opening shall be held in public at the address,
Proposal Opening date and time specified in the Notification of List of bidders satisfying
technical requirements, in the witness of participants being Bidders’
representatives and relevant agencies and organizations. The Financial
Proposal opening shall be conducted regardless of the absence of any
Bidder’s representative.
33.2. At the Financial Proposal opening, the Employer shall announce List of
bidders satisfying technical requirements and then check seals of the
envelopes marked “FINANCIAL PROPOSAL”, “MODIFIED FINANCIAL
PROPOSAL”, “SUBSTITUTE FINANCIAL PROPOSAL”.
33.3. First, envelopes marked “SUBSTITUE FINANCIAL PROPOSAL” shall
be opened and read out and exchanged with the corresponding Substitute
Financial Proposal, and the Substitute Financial Proposal shall not be
opened, but returned to the Bidder. No Financial Proposal substitution shall
be permitted unless the corresponding substitution notice contains a valid
authorization to request the substitution.
Envelopes marked “MODIFIED FINANCIAL PROPOSAL” shall be opened
and read out with the corresponding Financial Proposals. No Financial
 Proposal modification shall be permitted unless the corresponding
modification notice contains a valid authorization to request the modification.
Only envelopes that are opened and read out at the Financial Proposal
opening shall be considered further.
33.4. The Financial Proposal opening shall be conducted to every Financial
Proposal according to the alphabet order of the Bidders’ names and following
procedures:
a) All other envelopes, including original, modified or substitute (if any) shall
be opened and reading out: the name of the Bidder, validity period of
Financial Proposal, Bid Prices of Letter of Financial Bid, the Bid Prices
mentioned in the Grand Summary, value of discounts (if any), validity period
of Financial Proposal and other details as the Employer may consider
appropriate. Only discounts read out at the Financial Proposal opening shall
be considered further;
b) Quantity of photocopies of Financial Proposal and other details shall be
read out;
c) Representative of the Employer shall countersign original copy of Financial
Proposal and Letter of Discount (if any). No Financial Proposal of a bidder
whose name mentioned in the List of bidders satisfying technical
requirements shall be rejected at Financial Proposal opening.
33.5. The Employer shall prepare a record of the Financial Proposal opening
that shall include information prescribed in ITB 33.2, 33.3 and 33.4. The
record of Technical Proposal opening shall be countersigned by the
representative of the Bidders participating in the Technical Proposal opening.
If any signature of the Bidder is left in the record, it shall be ineligible. A copy
of the record shall be distributed to all Bidders who satisfy technical
requirements.

34. Financial 34.1. The Employer shall apply criteria mentioned in this Section and method
Proposal Evaluation for evaluation prescribed in BDS to evaluate the Financial Proposals. Any
and Ranking of other criterion or method other than those mentioned above shall not be
bidders permitted to apply.
34.2. Inspection and evaluation the eligibility of the Financial Proposals:
a) The inspection and evaluation of the eligibility of the Financial Proposals
shall comply with Section 4 of Chapter III - Evaluation and Qualification
Criteria;
b) The bidders having eligible Financial Proposals shall be considered further
and ranked.
34.3. Detailed evaluation of Financial Proposal and ranking of bidders:
a) Detailed evaluation of Financial Proposals shall comply with Section 5
Chapter III - Evaluation and Qualification Criteria.
b) After carrying out detailed evaluation of Financial Proposal, the Employer
shall submit a List of ranking of bidders for the Investor’s approval. The first-
ranking bidder shall be invited to enter into negotiation. The ranking of
bidders shall comply with the BDS.

35. Negotiation 35.1. According to the decision on approval for the List of ranking of bidders,
the Employer shall invite the first-ranking bidder to enter into negotiation. The
contract negotiation is based on:
a) Bid evaluation report;
b) The Bid and Clarification of Bids (if any) submitted by the Bidder;
c) Bidding Documents.
35.2. Contract negotiation contents:
a) Negotiating nonclarification or nonconformities between the Bidding
Documents and the Technical Proposal, Financial Proposal, between different
contents in the Technical Proposal or Financial Proposal possibly leading
dispute or affecting the duties of contracting parties during the performance of
the contract;
b) Negotiating amendments or alternative bids if permitted by the Employer;
 c) Negotiating personnel:
In the negotiation process, the Bidder may not replace key employees
proposed in the Technical Proposal to hold positions of design manager,
survey manager, construction site commander, unless Bid evaluation period
lasts longer than prescribed period or a force majeure event occurs leading
key employees proposed fail to participate in the contract execution. In this
event, the Bidder is entitled to replace other personnel provided that be
expected personnel satisfies at least qualification requirements acquired by
the proposed personnel and the Bid price does not change;
d) Negotiating issues incurring from the bidder selection (if any) to complete
the detailed contents of the package;
dd) Negotiating nonmaterial nonconformities prescribed in ITB Section 28;
e) Negotiating other essential contents.
35.3. During the contract negotiations, both parties shall make a draft
contract; terms and conditions, and contract appendices, including detailed
lists of Scope of Supply, Price Schedule and Performance Schedule.
35.4. If the negotiation is not successful, the Employer shall request the
Investor to invite the bidder ranked next to contract negotiation; if the
negotiation with the next bidder is not successful, the Employer shall request
the Investor to consider canceling the bidding as prescribed in ITB Section
39.1.

36. Conditions for A bidder shall be proposed for contract award when following conditions are
successful bidder satisfied:
36.1. The bidder has a valid Bid;
36.2. The bidder is qualified as required in Section 2 of Chapter III -
Evaluation and Qualification Criteria;
36.3. The bidder has a satisfactory technical proposal as prescribed in
Section 3 of Chapter III - Evaluation and Qualification Criteria;
36.4. The deviation is not more than 10% of the Bid Price;
36.5. The bidder meets requirements as prescribed in the BDS;
36.6. The successful bid does not exceed the approved package price. If the
successful bid exceeds the approved package price, Clause 7, 8 Article 117
of Decree No. 63/CP shall apply.

37. Publishing of 37.1. Before the deadlines prescribed in the BDS, the Employer shall send
bidder selection notifications of bidder selection result to related bidders by post or fax and
result post it on national bidding network or the Vietnam Public Procurement
Review Journal as prescribed. Contents of the notification of bidder selection
result:
a) Name and number of package;
b) Name of the successful bidder;
c) Address of the successful bidder;
d) Successful bid;
dd) Type of contract;
e) Contract duration;
g) List of unsuccessful bidders and brief explanation for each of them.
37.2. Regarding bidding cancellation prescribed in Point a ITB Section 39.1,
the explanation for the bidding cancellation shall be provided in the
notification of bidder selection result.
37.3. Upon the receipt of notification of the bidder selection result prescribed
in ITB Section 37.1, if any unsuccessful bidder requests explanation, the
Employer shall, within 05 working days from the date on which the notification
of bidder selection result is published, give explanation.

38. Letter of Together with the notification of bidder selection result, the Employer shall
Acceptance and send Letter of Acceptance and Notification of Award, including requirements
Notification of pertaining to performance security, time for completion and conclusion of
Award contract prescribed in form 26 of Chapter XI – Contract Forms to the
successful bidder, provided further that the Bidder is determined to be
qualified to perform the Contract satisfactorily. The Letter of Acceptance and
Contract Award shall be an integral of the Contract documents. In the event
that the successful bidder fails to complete and conclude the contract or pay
Performance Security before the deadline mentioned in the Letter of
Acceptance and Contract Award, such bidder shall be rejected without Bid
Security return as prescribed in Point dd ITB Section 18.5.

39. Bidding 39.1. The Employer shall notify the bidding cancellation in the following
cancellation cases:
a) All Bids fail to meet requirements mentioned in the Bidding Documents;
b) The Employer changes objectives and scope of investment specified in the
Bidding Documents;
c) Bidding Documents fail to comply with law on bidding or other regulations
of relevant law provisions leading the nonsatisfaction of the successful bidder.
d) There is any evidence for corrupt, fraudulent or conclusive practice, or
taking advantage of positions, powers aiming to interfere illegally in a bidding
process to falsify results of bidder selection.
39.2. Any organization or individual violating law on bidding leading bidding
cancellation (as prescribed in Point c and Point d of ITB Section 39.1) must
compensate relevant contracting parties and face penalties as prescribed.
39.3. Regarding bidding cancellation prescribed in ITB Section 39.1, within 5
working days, the Employer shall return or release Bid Security to bidders,
excluding bidding cancellation prescribed in Point d of ITB Section 39.1.

40. Conditions for 40.1. The Bid of the Bidder shall remain valid at the time of signing of
signing of contract contract.
40.2. At the time of signing of contract, the successful Bidder shall be
determined to have technical and financial qualification to perform the
contract. In case the Bidder is no longer qualified as prescribed in the Bidding
Documents, the Investor shall refuse to conclude the contract with the Bidder.
Then, the Investor shall cancel the decision on approval for bidder selection
result and send Letter of Acceptance and Contract Award to the next ranked
bidder.
40.3. The Investor shall ensure condition related to advance and payment
capital, site and other essential conditions to perform the contract on
schedule.

41. Performance 41.1. Before the effective date of the contract, the successful bidder shall
Security furnish the Performance Security in the form of a Bank Guarantee issued by a
bank or a credit institution lawfully operating in Vietnam as prescribed in
Chapter X - Special Conditions of Contract. The Bidder shall, if applicable,
use the Bank Guarantee form prescribed in form 28 of Chapter VIII - Contract
Forms or another form which is approved by the Investor.
41.2. The Bidder shall be not returned the Performance Security in one of the
following cases:
a) Refuse to perform the contract on the effective date of the contract.
b) Violate terms and conditions of the contract;
c) Perform the contract behind the schedule and refuse to extend the validity
period of the Performance Security.

42. Handling Bidders are entitled to file complaints against the bidder selection progress
complaints in and result to the Investor, competent persons, advisory board at the address
bidding prescribed in the BDS when they found their lawful rights and interests are
infringed. The complaints in bidding shall be handled as prescribed in Section
1 of Chapter XII of the Law on Bidding and Section No. 2 Chapter XII of
Decree No. 63/CP.

43. Monitoring When any act or content unaccordant with law on bidding is detected, the
bidder selection Bidder shall notify organizations or individuals of monitoring bidder selection
progress progress as prescribed in the BDS.
Chapter II
BID DATA SHEET (BDS)
ITB 1.1 The Employer is: [insert complete name].

ITB 1.2 The package’s name: [insert name according to the approved plan for selection
of bidder] of [insert project’s name according to the approved decision on
investment].

ITB 1.3 Contract duration; _____[insert detail time according to the approved plan for
bidder selection].

ITB2 Sources of Funds (or capital-raising methods): _____[insert Sources of Funds or

capital-raising methods to pay for the Bidder; if the package is funded by ODA,
name of donors and proportion of Sources of Funds (overseas or domestic)].

ITB 4.1 (d) Assurance of competitiveness in bidding shall be prescribed as follows:

- The Bidder and ____[insert name and address of the Investor, the Employer]
do not hold more than 30% of shares or stakes of each other, unless the
Investor, the Employer and the Bidder are in the same state-owned economic
corporation and the product of the package is the input of the Investor and the
Employer and the output of the Bidder and the primary business line of the
corporation.
- The Bidder and the solicitation consulting units documents not hold stake of
each other; the Bidder and another organization or individual do not hold more
than 20% stake of each other. In particular:
+ Consulting unit on making and evaluating feasibility study report, Front End
Engineering Design (FEED) for such package: ____[insert complete name and
address (if any)];
+ Consulting unit on making and evaluating the Bidding Documents: ____[insert
complete name and address of consultancy unit (if any)];
+ Consulting unit on evaluating the Bid; evaluating results of bidder selection:
____[insert complete name and address (if any)];
- The Bidder and ___[insert name and address of the Investor or the Employer]
are not in the same supervisory agency or organization; - The Bidder are short-
listed and the Bidder and the following bidders do not hold more than 20% of
shares or stakes of each other______[insert names and addresses of the
bidders included in the short list].

ITB 4.1 (g) Regarding foreign bidders: ___[if the Employer determines that the package
tasks may be performed by domestic bidders, then insert: “If a foreign bidder
wishes to make a bid, it is required to enter into a joint venture with a domestic
bidder and employ a domestic subcontractor. If the Bidder decides to employ
subcontractors, the proposed scope and volume of task with subcontractors'
names may be specified in the Bid or only the expected scope and volume of
tasks may be specified in the Bid without the subcontractors’ names; the Bidder
shall submit a commitment to employ Vietnamese subcontractors in case of
successful bidding together with the Bid”. If the Investor/Employer determines
that domestic bidders are incapable of performing any task of the package, this
regulation shall be annulled].

ITB 6.1 For clarification purposes only, the Employer’s address is:
Attention: [insert complete name].
Recipient: ___[insert complete name (if any)]
Street: ___[insert street, No.]
Floor/Room No.: ___[insert number of floor, room (if any)]
City: ___[insert city’s or town's name]
Post code: ___[insert post code (if any)]
Telephone: ___[insert telephone number, including country and city code]
 Fax: ___[insert facsimile number, including country and city code]
Email address: ___[insert email address (if any)]
The Employer shall receive the request for Clarification of Bidding Documents
not later than 05 working days before the deadline for submission of Bid.

ITB 6.3 The Employer [insert “will” or “will not"] conduct a site visit
[If the Employer instructs the Bidder to a site visit, time and place shall be
specified].

ITB 6.4 A Pre-Bid meeting [insert “will” or “will not”] take place. [If yes, date, time, and
place shall be specified].

ITB 7.3 The Employer shall send Amendment of Bidding Documents to all bidders
received the Bidding Documents from the Employer before the deadline for
submission of Bid at least _____ days (insert specific number of days, provided
that there is enough time for the Bidder to complete the Bid and not sooner than
15 working days].
In case the time for sending Amendment of Bidding Documents does not comply
with above regulations, the Employer shall extend the corresponding deadline
for the submission of bids.

ITB9 The Bid, as well as all correspondence and documents related to the Bid
exchanged by the Bidder and the Employer shall be written in: ____[insert a
specific language]
[if the Bidding Documents are in English then insert “English”; if the Bidding
Documents are in both English and Vietnamese, then insert “the Bidder may
chose either English or Vietnamese to prepare a Bid”]. Supporting documents
and printed literature that are part of the Bid may be in another language
provided they are accompanied by an accurate translation of the relevant
passages into _____[Vietnamese (if both English and Vietnamese are permitted
as specified Bidding Documents) or English (if only English is permitted in
Bidding as specified in Bidding Documents)]. In case of absence of the
translation, the Employer may request the Bidder to supplement when
necessary.

ITB 10.4 The Bidder shall submit the following documents in conjunction with the Bid:
___[insert other documents in conjunction with the Bid other than regulations in
ITB Sections 10.1, 10.2, 10,3 as required by the scope and nature of the
package without any restriction on participation of the Bidder. If there is no
requirement, clearly mark it “no requirement”].

ITB 15.1 Alternative Bid ______[insert “shall be” or “shall not be”] considered.

ITB 16 - The currency(ies) of the bid shall be: _________

[the Bidder may, subject to Employer’s requirements, indicate in its Bid up to
three foreign currencies of their choice in accordance with conditions for use, for
example: VND, USD, EUR. If foreign currencies are allowed in the Bid, the
Bidder must demonstrate the works using foreign currencies attached to
schedule of work items and equivalent foreign currency portion, provided that
each work item is quoted in only one currency, domestic costs shall be quoted in
VND, costs incurred outside the Employer’s country related to the package shall
be quoted in foreign currency(ies)].
- Currency of payment of a work item must correspond to the Currency of Bid of
such work item. Domestic costs are only paid in VND.
If two or three currencies are allowed, the following regulations shall be added:
- The single currency to which different currencies of all bid prices are converted
(target currency) for the purposes of evaluation and comparison of Bidding
Documents is: ___[insert the currency, VND shall be given the priority)
according to the selling rate of a reputable commercial bank ___[commercial
bank’s name] and the exchange rate announced by such bank for conversion]
published on ___[date].
- Intermediary currency: _________________[insert the intermediary currency
which offset position is taken on target currency with other currencies if there is
 no direct exchange rate between those currencies and the target currency. In
this case, a formula to determine the exchange rate through an intermediary
currency (selling rate, buying rate, etc.) must be set out

ITB 17.1 The bid validity period (Technical Proposal and Financial Proposal) shall be: ≥
____days [insert number of days which is not later than 180 days], from the
deadline for submission of Bid.

ITB 18.2 Contents of the Bid Security:

- Value and currency of the Bid Security: ______[insert amount and currency
The Bid Security shall be between 1% and 3% of the price of the package
according to the package requirements];
- The validity period of the Bid Security: ≥____days [insert number of days,
which equals the validity period of the Bid prescribed in ITB Section 17.1 plus 30
days], from the deadline for submission of Bid.

ITB 18.4 The unsuccessful bidders may be either returned or released their Bid Security
within ____ days [insert number of days, which is not later than 20 days], from
the date on which the results of bidder selection are announced.

ITB 19.1 The number of copies of the Bid is: ____[insert number]. The number of copies
of the Bid and the number of copies of modified or substitute Bid are the same.

ITB 21.1 For bid submission purposes, the Employer’s address is:
Attention: [insert complete name].
Recipient: ___[insert complete name (if any)]
Street: ___[insert street’s name, house number]
Floor/Room No.: ___[insert number of floor, room (if any)]
City: ___[insert city’s or town's name]
Post code: ___[insert post code (if any)]
Telephone: ___[insert telephone number, including country and city code]
Fax: ___[insert fax number, including country and city code]
Email address: ___[insert email address (if any)]
The deadline for submission of Bid is: ________[time, insert hour and
minute],____________[date, insert day, month, and year
[the deadline for submission of Bid shall be specified according to the scope and
nature of the package provided that period of time from the first day on which
the Bidding Documents are issued to the deadline is at least 40 days and the
deadline shall not fall to the early hour of a working day which may restrict the
submission of bids by bidders].

ITB 25.3 The Bidder may send an addendum to the Bid to the Employer within:
____days, from the deadline for submission of Bid.
[the period of time for sending request shall be specified by the Employer to
ensure the successful bidder is qualified and experienced, and has feasible
solutions for the package].

ITB 29.2 Maximum value for subcontractor: ___of bid price of the Bidder [depending on
scope and nature of package, the Employer shall insert the appropriate
percentage].

ITB 29.4 Special subcontractor: ____[insert “permitted” or “ not permitted” according to

the scope and nature of the package. If permitted, the Employer shall list the
works and items performed by the subcontractor].

ITB 30.2 a) Entities eligible for incentives are local bidders, foreign bidders in joint venture
with local bidders and at least 25% amount of works is performed by the local
bidder, in which such amount only includes domestic costs, excluding
expenditures on imported equipment and other outward expenditures, and
bidders that propose at least 25% amount of domestic costs (consultancy,
procurement, and construction costs) according to the amount of works.
 b) Determining incentives:
- If the Evaluated price method is applied: “the Bidder not eligible for incentives
shall be added 7.5% of the Bid Price after error correction and adjustment of
deviation, minus the discount from (if any) the evaluated price of the Bidder for
the purposes of comparison and ranking; the Good not eligible for incentives
shall be added 7.5% of Bid Price after error correction and adjustment of
deviation, and minus the discount (if any) of such Good from the evaluated price
of the Bidder for the purpose of comparison and ranking";
- If the Tech- and Cost-based selection is applied, then insert: “the Bidder
eligible for incentives shall be added 7.5% to the collective score for the purpose
of comparison and ranking”

ITB 31.1 The Technical Proposal opening shall take place at: ____[time, insert hour,
minute],___[date, insert day, month, year], at___:
[insert date, time and place of Technical Proposal opening, provided that the
Technical Proposal is opened within 01 hour from the deadline for submission of
Bid].

ITB 32.1 Method for evaluating Technical Proposal:

a) Qualification evaluation: pass/fail;
b) Technical evaluation: ___[insert detailed technical-based evaluation
methods]. The Employer shall, according to scope and nature of the package,
apply evaluation method either using Pass/Fail Criteria or Weighted Scoring
Method that is conformable with evaluation criteria as prescribed in Section 3 of
Chapter III - Evaluation and Qualification Criteria];

ITB 34.1 Financial evaluation: ___[insert detailed financial valuation method]. The
Employer shall, according to scope and nature of the package, apply Evaluated
price method or Tech- and Cost-based selection that is conformable with
evaluation criteria as prescribed in Section 5 of Chapter III - Evaluation and
Qualification Criteria].

ITB 34.3 b) Ranking of bidders:

[- If the Evaluated price method is applied, then insert: “the Bidder having the
lowest evaluated price shall be ranked first”;
- If the Tech- and Cost-based selection is applied, then insert: “the Bidder
having the highest collective price shall be ranked first”].

ITB 36.5 [- If the Evaluated price method is applied, then insert: “the Bidder having the
lowest evaluated Bid price”;
- If the Tech- and Cost-based selection is applied, then insert: “the Bidder
having the highest collective price”].

ITB 37.1 Time limit for sending notification of results of bidder selection is
_________working days, from the date on which the bidder selection result is
approved by the Investor___[insert number of days not later than 05 working
days].
- Mailing address of the Investor:
ITB 42
____[insert complete name, address, telephone number, fax];
- Mailing address of the competent person: ____[insert complete name,
address, telephone number, fax];
- Mailing address of the Advisory board: ____[insert complete name, address,
telephone number, fax].

ITB 43 Address of the organization or individual in charge of the monitoring task: [insert
complete name, address, telephone number, fax of the organization or individual
in charge of monitoring the bidder selection progress which is assigned by the
competent person (if any)].
Chapter III
EVALUATION AND QUALIFICATION CRITERIA
Section 1. Inspecting and evaluating the eligibility of the Technical Proposal
1.1. Inspecting the Technical Proposal:
a) Inspect the quantity of photocopies of the Technical Proposal;
b) Inspect the documents of the original Technical Proposal, consisting of: Letter of Technical Bid, joint
venture agreement (if any), power of attorney to sign the Letter of Bid (if any); Bid Security; documents
proving the Bidder’s qualifications; technical proposal; and other documents of the Bid as prescribed in
ITB Section 10;
c) Inspect the consistency between the original copy and photocopies to serve the thorough evaluation
of the Technical Proposal.
1.2. Evaluating the eligibility of the Technical Proposal :
A Technical Proposal is considered eligible when all of the conditions below are satisfied:
a) There is original of Technical Proposal;
b) There is a Letter of Technical Bid bearing the signature and seal (if any) by of the legal
representative of the Bidder. Regarding joint venture, Letter of Bid shall bear the signature and seal (if
any) of the legal representative of every JV’s Party or the head of the joint venture authorized to sign
the Letter of Bid according to the regarding joint venture agreement;
c) The duration of the contract mentioned in the Letter of Bid shall conform to the Technical Proposal
and the requirements in the Bidding Documents;
d) The validity period of the Technical Proposal satisfies requirements as prescribed in ITB Section
17.1;
dd) There is a Bid Security of which value and validity period, the Employer’s name (beneficiary)
complies with ITB Section 18.2 and not complies with ITB Section 18.3.
e) The Bidder shall not have its name included in multiple Technical Proposal as a Contractor (an
individual Bidder or a JV’s Party) for the same package.
g) The joint venture agreement shall bear signature and seal (if any) of the legal representative of
each JV’s Party and specify detailed tasks and estimated percentage thereof performed by each JV’s
Party using the form 03 of Chapter IV – Bidding Forms;
h) The Bidder’s status is valid as prescribed in ITB Section 4.1.
Any Bidder having eligible Technical Proposal shall be considered further. Any Bidder having ineligible
Technical Proposal shall have its Bid rejected without further consideration.
Section 2. Qualification criteria
Qualification of a joint venture shall be total qualifications of all JV’s Parties, provided that each JV's
Party is qualified to perform their tasks in the joint venture (except for the revenue as specified in
Section 2.1); if any JV's Party is not qualified to perform their tasks in the joint venture, the joint
venture shall be considered not qualified.
The subcontractors’ qualifications shall not be evaluated when the Technical Proposal of the
Contractor is evaluated (unless the special subcontractor is employed). The Contractor is required to
satisfy all qualification criteria (regardless of the subcontractor’s qualification).
In case of application of the prequalification, if there is any change to the information about the
Bidder’s qualification between the Bid and the application for prequalification, the new information
shall be updated; if not, the Bidder shall issue a commitment to satisfy all the package’s criteria.
In case of non-application of the prequalification, the Bidder’s qualification shall be evaluated as
specified in Clauses 2.1, 2.2 and 2.3 of this Section. The qualified Bidder is the one satisfying all
criteria specified in Clauses 2.1, 2.2, and 2.3 of this Section.
Non-qualified Bidder's Bid shall be rejected without further consideration.
2.1. Qualification criteria:
Table of Qualification criteria
TABLE OF QUALIFICATION CRITERIA
Criteria Compliance requirements

Joint Venture
Required
Individual document
No. Description Requirement At least
Bidder All Parties Each JV's
one JV's
combined Party
Party

1 Previous From January 1, Must meet Not Must meet Not Form No.
 Contract ___(1) [year] to the requirement applicable requirement applicable 07
Non- deadline for
fulfillment submission of
Records Bid, the Bidder
did not fail to
perform any
contract(2).

2 Pending All pending Must meet Not Must meet Not Form No.
litigation(3) litigation shall be requirement applicable requirement applicable 08
treated as
resolved against
the Bidder and so
shall in total not
represent more
than ___% (4) of
the Bidder’s net
worth.
(Net asset value
= Total assets –
Liabilities).

3 Financial requirements

3.1 Historical Submission of Must meet Not Must meet Not Form No.
Financial financial requirement applicable requirement applicable 09
Performance statements from enclosed
___to ____(5) with
[year] to supporting
demonstrate the documents
current
soundness of the
Bidder’s financial
position.
The net asset
value of the
Bidder in the
latest year shall
be positive.

3.2 Average Minimum average Must meet Must meet Not Not Form No.
Annual annual turnover requirement requirement applicable applicable 10
Turnover from consultancy, (*)
from procurement of
consultancy, goods, and
procurement construction of
of goods ___(6), within the
and last___(7)years.
construction
The annual
turnover shall be
calculated as total
payments
received for
contracts of
consultancy,
procurement of
goods, and
construction
within the year.

3.3 Financial The Bidder must Must meet Must meet Must meet Not Forms No.
Resources demonstrate requirement requirement requirement applicable 11 and 12
access to, or (equivalent
availability of, to their
financial tasks
resources such performed)
as liquid assets,
lines of credit,
and other
financial means
(other than any
contractual
advance
 payments) to
meet financial
resources of ____
[package's value]
(9)

4 Experience Minimum number Must meet Must meet Not Must meet Form No.
in of similar requirement requirement applicable requirement 13
performing contracts (N) with
EPC the value (V) (10)
package which are wholly
or mainly(11)
completed by the
Bidder as a
Contractor (an
individual Bidder
or a joint venture)
or a
subcontractor(12)
or management
contractor within
the last ______(14)
years (up to the
deadline for
submission of
Bid)

Notes:
(1) Insert number of years, usually between 3 and 5 years prior the year of the deadline for submission
of Bid.
(2) Non-fulfillment contracts include:
- Contracts that are considered as non-fulfilled by the Investor without objection of the Bidder;
- Contracts that are considered non-fulfilled by the Investor with objection of the Bidder but the
litigation is treated as resolved against the Bidder by the arbitrator or the court.
Non-fulfilled contracts shall not include the contracts that the Investor’s decisions are rejected by
settlement of disputes. Non-fulfilled contracts shall be determined according to all information about
the dispute or litigation that is settled in conformity with the terms of settlement of disputes as
mentioned in the corresponding contracts and the Bidder could not file any complaint.
(3) The Employer may either apply this criterion or not. If not applicable, then insert “not applicable”
and eliminate Form No. 08 from the Chapter IV – Bidding Forms. If applicable, then insert “applicable”.
(4) If applicable, the Employer shall specify the value of between 50% and 100% of net asset value of
the Bidder.
(5) Insert required number of years, usually 3 to 5 years (For example: From 2013 to 2015. In this
event, the Bidder must submit financial statements of 2013, 2014, 2015).
(6) Common formula of average annual turnover:
a) Minimum average annual turnover = (Package price/annual contract duration) x k.
“k” is often between 1.5 and 2.
b) If the contract duration is below 1 year, the turnover shall be determined as follows:
Minimum average annual turnover = Package price x k
K is often 1.5.
The Bidder must submit the following documents to demonstrate the turnover: An audited financial
statement or a payment receipt certified by the Investor for contracts of consultancy, procurement of
goods and construction or a tax return or any of other legal documents.
c) (*) Regarding a joint venture, the turnover of each JV's Party shall be evaluated according to the
value and volume of tasks that it performs or the total turnover of Parties shall be compared with the
total turnover that the Bidder is required to satisfy.
(7) insert number of years appropriate to the number of years required for submitting financial
statements as prescribed in criterion 3.1 of this Table.
(8) Liquid assets mean cash and equivalent, short-term financial instruments, available-for-sale
securities, marketable securities, trade receivables, short-term financial receivables and other assets
that can easily be changed into cash within 1 year.
(9) Financial resource for the package:
a) With regard to a package with the contract duration of at least 12 months, the financial source shall
be determined as follows:
Financial resource for the package = t x (package price/contract duration (monthly)).
t is often 3.
b) With regard to a package with the contract duration of less than 12 months, the financial source
shall be determined as follows:
Financial resource for the package = 30% x package price.
(10) Similar contract is a contract that is completed wholly, including:
+ Similar in nature and complexity of the package;
+ Similar in scope of work: The value of the work is no less than 70% of the value of the considered
package;
+ The number of similar contracts must be fallen into one of two following cases (assume N x V = X):
(i) number of contracts is N, minimum value of each contract is V or
(ii) number of contracts different from N, minimum value of each contract is V and total value of all
contracts ≥ X. For example: If the Bidding Documents require the Bidder to perform at least three
similar contracts, the Bidder must satisfy at least one EPC contract with the scope and nature similar
to the considered package. The scope of similar contracts shall be determined by adding EPC
contracts with smaller scope provided that those contracts are similar to the considered package or by
adding single contract E, P, and C provided that those contracts are similar to the considered package.
With regard to a joint venture, at least one JV's Party must satisfy the requirements for similar
contracts.
(11) Mainly completed means completing at least 80% of the task volume of the contract.
(12) With regard to contracts that the Bidder makes a bid as a JV’s Party or subcontractor, only their
task value is determined.
(13) Management contractor is a contractor not directly perform, a part or the whole of the package,
but entering into a contract with other contractors and still manage the performance of the contractors
concerned, while still bears all the responsibilities and risks related to cost, schedule and quality of the
package.
(14) Insert required number of years, usually 3 to 5 years
2.2. Qualification criteria for technical capacity (1):
a) Personnel for key positions:
The Bidder must demonstrate that it has sufficient personnel for the key positions that meet the
following requirements:
Total Work Experience (at least Experience in Similar Work
No. Position(2)
___years) (3) (at least ____years) (4)

...
The Bidder shall provide details of the proposed key personnel and their experience records using
forms 14, 15 and 16 of Chapter IV – Bidding Forms.
b) Equipment to perform the package (5):
The Bidder must demonstrate that it has the key equipment to perform the package listed hereafter:
No. Equipment Type and Characteristics Min. Number required

...
The Bidder shall provide further details of proposed items of equipment to perform the package using
the Form No. 17 of Chapter IV - Bidding Forms.
Notes:
(1) If the Bidder is a parent company (namely a corporation), it must declare specific tasks assigned to
subsidiary companies using the Form No. 06 of Chapter IV - Bidding Forms. The qualification of the
Bidder shall be evaluated according to the value and volume of work performed by the parent
company and subsidiary companies.
(2), (3), (4) The Employer shall, according to the scope and nature of the package and pursuant to the
law and regulations on construction, lay down requirements for personnel for key positions such as
design manager, technical supervisor, quality supervisor, project management consultant, EPC
contract manager or consultants of other fields in conformity with the package, site commander, and
minimum years’ experience of personnel for key positions.
(5) The Employer shall, according to the scope and nature of the package, lay down requirements for
equipment and number thereof.
2.3. Special subcontractors (if any):
The Employer shall consider and evaluate qualification of a special subcontractors as specified in ITB
Section 29.4 (for example the Bidder in charge of design). Specific experience and financial resources
of special subcontractors shall not be included in the experience and financial resource of the
Contractor. Proposed special subcontractors must have adequate experience and technical
qualification to perform work items and conform the following criteria:
[insert criteria applied to special subcontractors].
Section 3. Technical evaluation criteria
Technical evaluation criteria shall be established on Pass/Fail Criteria or Weight Scoring System of
100 or 1.000, in which the Pass/Fail Criteria shall prevail. The technical evaluation criteria shall be
established according to the conformities to requirements pertaining to design, procurement of goods,
construction, and reputation of the Bidder through performance of similar contracts and other
requirements mentioned in the Bidding Documents. According to the nature of each specific package,
the Employer shall detail criteria used as bases for technical evaluation, including:
- Engineering solutions, plans for initiating engineering objectives;
- Characteristics and specification of goods, equipment, production, manufacture, and technology
standards;
- Quality standards of goods, equipment; equipment installation capacity; good supply progress;
- The rationality and feasibility of technical solutions, construction measures a such manner as to the
proposed work schedule;
- Work schedule;
- Quality assurance measures;
- Assurance of environmental hygiene condition and other conditions such as fire safety and
occupational safety;
- Responsiveness of requirements for warranty, maintenance; provision of technical services such as
after-sale services, training, technology transfer, etc.
- Reputation of bidders according to their fulfillment of previous similar contracts;
- Other necessary factors.
3.1. Evaluation using Weighted Scoring Method:
According to the scope and nature of the package, a number of general criteria shall be given a
minimum score. The minimum score shall be not smaller than 80% of the total technical score. The
Bid having total score (as well as the score of a number of general criteria) is no less than the
minimum score shall be determined qualified in technical aspect and considered further in financial
aspect.
The example of Technical Evaluation Criteria using Weighted Scoring Method shall be prescribed in
Example 1 Appendix 2 of this Bidding Document.
3.2. Evaluation on Pass/Fail Criteria:
According to the scope and nature of the package, each criterion shall be given a requirement level.
Regarding general criteria, only Pass/Fail Criteria is applied. Regarding essential and detailed criteria
in general criteria, only Pass/Fail Criteria is applied; regarding non-essential and detailed criteria in
general criteria, the accepted system is applied besides the Pass/Fail Criteria provided that not more
than 30% of detailed criteria in the general criteria are applied the accepted system.
A general criterion shall be considered passed when all essential and detailed criteria are considered
passed and all non-essential and detailed criteria are considered passed or accepted.
The Technical Proposal shall be considered satisfying technical requirements where all general criteria
are considered passed. The Technical Proposal considered passed shall be considered further in
terms of Financial Proposal.
The example of Technical Evaluation Criteria on Pass/Fail Criteria shall be prescribed in Example 2
Appendix 2 of this Bidding Document.
Section 4. Inspecting and evaluating the eligibility of the Financial Proposal
4.1. Inspecting the Financial Proposal:
a) Inspect quantity of photocopies of Financial Proposal;
b) Inspect the documents of the original Financial Proposal, consisting of: Letter of Financial Bid,
Grand Summary, Bill of Quantities and other documents in the Financial Proposal as specified in ITB
Section 10;
c) Inspect the uniformity of contents between original copy and photocopies to serve the detailed
evaluation of Financial Proposal.
4.2. Evaluating the eligibility of the Financial Proposal:
A Financial Proposal is considered eligible when all of the conditions below are satisfied:
a) There is any original copy of Financial Proposal;
b) There is a Letter of Financial Bid bearing signature and seal (if any) of the legal representative of
the Bidder. Regarding joint venture, Letter of Bid shall bear the signature and seal (if any) of the legal
representative of every JV’s Party or the head of the joint venture authorized to sign the Letter of Bid
according to the regarding joint venture agreement;
c) The Bid Price mentioned in the Letter of Bid must be detailed, specified in both number and words,
and in conformity with the total Bid Price mentioned in the Grand Summary. There is must be only one
Bid Price which does not cause any disadvantage condition to the Investor or the Employer;
d) The validity period of Financial Proposal satisfies requirements as prescribed in ITB Section 17.1.
The Bidder having eligible Financial Proposal shall be considered Financial Proposal. Any Bidder
having ineligible Financial Proposal shall be rejected without further consideration.
Section 5. Financial evaluation criteria
According to the scope and nature of each package, one of the two methods below may be applied:
5.1. Evaluated price method:
Step 1. Determine bid price;
Step 2. Correct errors (comply with Notes (1));
Step 3. Adjust deviation (comply with Notes (2));
Step 4. Determine the bid price after error correction and adjustment of deviation, and minus (-)
discount (if any), and convert the bid price to a single currency (if any);
Step 5. Determine evaluated price:
The evaluated price shall be determined by the formula below:
GĐG = G ± ∆G + ∆ƯĐ
Where:
- G = (bid price ± error correction value ± adjustment of deviation value) – discount (if any);
- ∆G means value of factors considered in the same condition for a life cycle of a work, including:
+ Costs of operation and maintenance;
+ Costs of loan interests (if any);
+ Schedule;
+ Quality;
+ Other factors (if any).
- ∆ƯĐ means an extra value given to an entity not eligible for incentives
Step 6. Rank bidders:
The Bid having the lowest evaluated price shall be ranked first.
5.2. Technical- and Cost-based selection:
When this method is applied, technical evaluation criteria shall use Weighted Scoring Method. The
scoring system of 100 or 1,000 shall be based to establish technical evaluation criteria.
The collective evaluation criteria shall be established according to the combination between technical-
and cost-based criteria. According to the scope and nature of each package, technical-score rate and
cost-score rate shall be determined appropriately.
Step 1. Determine bid price;
Step 2. Correct errors (comply with Notes (1));
Step 3. Adjust deviation (comply with Notes (2));
Step 4. Determine bid price after error correction and adjustment of deviation and minus discount (if
any);
Step 5. Determine price score:
The price score shall be determined according to bid price after error correction and adjustment of
deviation and discount minus (if any). In particular:
Considered price score = [Lowest price x (100 or 1,000)]/Considered price
Where:
- Considered price score: score of the price of the considered Financial Proposal;
- Lowest price: lowest bid price after error correction and adjustment of deviation and discount minus
(if any) of a Financial Proposal;
- Considered price: lowest bid price after error correction and adjustment of deviation and discount
minus (if any) of a Financial Proposal;
Step 6. Determine collective score:
Considered collective score = (K x considered technical score + G x considered price score) +
ΔUD
Where:
- Considered technical price: score determined at the technical evaluation step;
- Considered price score: score determined at the cost evaluation step;
- K: percentage of technical-score mentioned in the collective scale system;
- G: percentage of cost-score mentioned in the collective scale system;
- K + G = 100%. Technical-score rate (K) and cost-score rate (G) shall be determined in the Bidding
Documents;
- ΔƯĐ : an extra score given to an entity eligible for incentives prescribed in ITB Section 31 (if any).
Step 7. Rank bidders:
The Bid having the highest collective price shall be ranked first.
Notes:
(1) Error correction
Provided that the bid is substantially responsive, the arithmetical errors and other errors shall be
corrected on the following basis:
a) Arithmetical errors include errors due to incorrect addition, subtraction, multiplication and division
when calculating bid price. If there is a discrepancy between the unit price and the total price, the unit
price shall prevail and the total price shall be corrected; if there is an obvious misplacement of the
decimal point in the unit price (10 times, 100 times, 1,000 times), the total price shall prevail and the
unit price shall be corrected. In case the Bidder insert no value or insert “0” in the columns “unit price”
and “total price”, the Bidder shall be considered allocating the price of this work item to another work
item of the package, the Bidder shall be responsible for performing these work items in conformity with
the Bidding Documents’ requirements without any payment from the Investor during the contract
performance.
b) Other errors:
- If a total price is fully filled but the equivalent unit price is leaved blank, the unit price shall be
determined by dividing the total price by the quantity; if a unit price is fully filled but the equivalent total
price is leaved blank, the total price shall be determined by multiplying the unit price and the quantity;
if a unit price and the equivalent total are fully filled but the equivalent quantity is leaved blank, the
quantity shall be determined by dividing the total price by the unit price. If the additional quantity
determined above is different from the equivalent quantity mentioned in the Bidding Documents, such
discrepancy shall be the deviation related to Scope of Supply which shall be adjusted as prescribed in
the Step 3;
- Physical unit errors: correct units in conformity with the Bidding Documents’ requirements;
- Unit errors: replace “.” (stop) with “,”(comma) and vice versa in conformity with the Vietnamese unit. If
the Employer believes that the stops and commas in the unit price are put in wrong position, the total
price shall prevail and the unit price shall be corrected;
- If there is an error in a total corresponding to the addition of subtotals, the subtotals shall prevail and
the total shall be corrected;
- If there is a discrepancy between words and figures, the amount in words shall prevail, and the
amount in figures shall be corrected. If the amount in words is related to arithmetic error, the amount in
figures prescribed in this Section shall prevail.
- Nonmaterial Nonconformities: Provided that a bid is substantially responsive, the Employer may
request that the Bidder submit the necessary information or documentation, within a reasonable period
of time, to rectify nonmaterial nonconformities in the bid related to documentation requirements (but
not related to any of aspects of bid price). These nonconformities may be negotiated in the Negotiation
of Contract phase if necessary.
(2) Adjustment of deviation:
a) If there is a deviation from Scope of Supply, the deficiency shall be added and the redundancy shall
be subtracted according to the equivalent unit price in the Financial Proposal;
If there is a deviation in a work item of Financial Proposal of a bidder without unit price, the highest
equivalent unit price among those of other bidders considered further after technical evaluation;
If only one bidder is considered further after technical evaluation, the adjustment of deviation shall be
carried out according to the equivalent unit price in the Financial Proposal of such bidder.
b) If the Bidder has a Letter of Discount, the correction and adjustment of deviation shall be carried out
according to the Bid Price not deducted from the discount. The percentage (%) of deficient deviation
shall be determined according to the Bid Price specified in the Letter of Bid.
(3) Notes of selection of evaluation methods:
3.1. With regard to a complex and large-scale package, after quantifying and adjusting technical
elements and put them on the single ground, if it still fails to quantify some technical elements that
may affect the effectiveness of the project, an integrated method shall apply to those technical
elements. This method may be deemed a mixed or additional method for the “Preliminary Evaluated
Price” and adjustments of elements cannot being determined in the previous step.
This method should apply only if it is difficult or absent of scientific data to determine specific costs of
technical elements of the EPC package.
3.2. With regard to above cost-based evaluation methods, it should not differentiate their limits
inflexibly. Irrespective of any circumstances, if the technical elements have been studied and may be
evaluated according to cost-based method according to management science and recognized, those
technical elements should be quantified on the single ground before applying scoring method for
remaining elements.
Section 6. Alternative Bid (if any)
Pursuant to ITB Section 15, the Bid then shall be evaluated as follows: _______ [insert criteria for
evaluation of Alternative Bid].

Chapter IV
BIDDING FORMS
A. Bidding Forms of Technical Proposal
Form No. 01. Letter of Technical Bid
Form No. 02. Power of Attorney
Form No. 03. Joint Venture Agreement
Form No. 04. Bid Security
Form No. 05 (a). Bidder's information
Form No. 05 (b). JV’s Parties
Form No. 06. List of companies in charge of work items
Form No. 07. Previous Contract Non-Fulfillment Records
Form No. 08. Pending litigation
Form No. 09. Financial Situation of the Bidder
Form No. 10. Average Annual Turnover
Form No. 11. Financial resources
Form No. 12. Monthly financial resources
Form No. 13. Similar contracts
Form No. 14. Table of propose personnel for key positions
Form No. 15. Curriculum Vitae of personnel for key positions
Form No. 16. Working experience
Form No. 17. Equipment
Form No. 18 (a). Scope of work items performed by subcontractors
Form No. 18 (b). Special subcontractors
B. Bidding Forms of Financial Proposal
Form No. 19 (a). Letter of Financial Bid (applicable to the Bidder who has no discount offer or has
discount offer submitted in a separate Letter of Discount)
Form No. 19 (b). Letter of Bid (applicable to the Bidder who has no discount offer in the Letter of Bid)
Form No. 20. Grand Summary
Form No. 21. Schedule of Payment currencies
Form No. 22. Bill of Quantities
Form No. 23. Daywork Schedule
Form No. 24. Summary of Specified Provisional Sums
Form No. 25. Schedule of Adjustment Data
Form 25’. Domestically-produced costs of Goods eligible for incentives

BIDDING FORMS OF TECHNICAL PROPOSAL

Form No. 01
(1)
LETTER OF TECHNICAL BID
Date:________ [insert date of signing of Letter of Bid]
The package’s name: [insert the package’s name specified in BDS Section 1.2]
Project’s name: [insert the project’s name specified in BDS Section 1.2]
Invitation to Bid No.: ___[insert the number of the Invitation to Bid regarding selective bidding]
To: ___[insert the complete and accurate name of the Employer as specified in ITB Section 1.1. of
Chapter II. Bid Data Sheet].
After carefully examining the Bidding Documents and addendum No. ___[insert the number of the
addendum (if any)], we, ___[insert the Bidder’s name], pledge ourselves to perform _____[insert the
package’s name] in accordance with the Bidding Documents with the contract duration of ____[insert
the total performance duration of all the work as required by the package] (2). Our Bid includes
Technical Proposal and Financial Proposal separately sealed.
We hereby declare that:
1. We only participate in this Bid as the Contractor.
2. We are not undergoing dissolution process, are not thrown into bankruptcy, and do not incur bad
debts as prescribed by law.
3. We do not commit violations against regulations on assurance of competitiveness in bidding.
4. We are not involved in corrupt, fraudulent or conclusive practice and other violations against law on
bidding. 5.
5. Every information provided herein is truthful to be the best of our knowledge.
If the our Bid is accepted, we shall provide the Performance Security as prescribed in Section 41 -
Instructions to Bidders of the Bidding Documents.
(3)
This Letter of Technical Bid takes effect within ____ days, from __________[date] (4).

Legal representative of Bidder(5)

[Full name, position, signature and seal(6)]
Notes:
(1) Bidder must provide sufficient and accurate information including names of the Employer and the
Bidder, effective period of the Bid, which bears the signature and seal (if any) and of the bidder’s legal
representative.
(3) The contract duration mentioned in the Letter of Bid must conform to the Technical Proposal and
Schedule of Construction in the Bid.
(3) Insert number of validity days as prescribed in Section 17.1 of the BDS. Effective period of the Bid
is from the deadline for submission of Bid to its expiration date as prescribed in the Bidding
Documents. The period of time from the deadline for submission of Bid to 24:00 of the bid closing date
is considered 01 day.
(4) Insert the bid closing date as prescribed in Section 21.1 of the BDS.
(5) If the bidder’s legal representative authorizes his/her subordinate to sign the Letter of Bid, a Power
of Attorney (Form 02 provided in this Chapter) must be enclosed. If the company’s charter or another
document permits such subordinate to sign the Letter of Bid, such document shall be enclosed (In this
case, the Power of Attorney is not required). Regarding joint venture, the Letter of Bid shall be signed
by legal representative of every JV’s Party, unless the head of the joint venture may sign the Letter of
Bid according to the joint venture agreement as mentioned in Form 03 of this Chapter. Each JV's Party
may give authorization similarly to an individual Bidder. If the successful bidder must present certified
true copies of these documents to the Investor before contract conclusion. If information provided is
found inaccurate, the bidder will be considered fraudulent as prescribed in ITB Section 3.
(6) If a foreign bidder has no seal, it must furnish the there must be a certification issued by a
competent agency that the signature in the Letter of Bid and any other documents of the Bid belongs
to its legal representative.

Form No. 02
(1)
POWER OF ATTORNEY
[Location and date]_______________
I am __________[insert name, ID/passport number, position of bidder’s legal representative], the legal
representative of _______ [insert name of bidder] at _____________ [insert address of bidder] hereby
authorizes _____________ [insert name, ID/passport number, position of authorized person] to
perform the following tasks during the participation in the process of bidding for ____________ [insert
name of the package] of _____________ [insert name of the project] held by ____________ [insert
name of the Employer]:
[-Sign the Letter of Technical Bid and Letter of Financial Bid;
- Sign the Joint venture agreement (if any);
- Sign documents with the Employer during the shortlisting processing, including the request for
Clarification of Bidding Documents and Bids; sign requests for withdrawal, modification or
substitutions of Technical Proposal and Financial Proposal;
- Participate in contract negotiation and finalization;
- Sign complaint letter (if any);
- Sign contract with the Investor if it is successful] (2)
The authorized person only performs the tasks within the area of competence of a legal representative
of __________ [insert name of bidder]. ____________ [insert name of bidder’s legal representative] is
totally responsible for the tasks performed by ___________ [insert name of authorized person] within
the authorization scope.
The Power of Attorney is effective from __________ [date] to _________ [date] (3) and is made into
_______ copies with equal value. _____ copies are kept by the authorizer, and _______ copies are
kept by the authorized person.
 Authorized person Authorizer
[Full name, position, signature and seal] [Full name, position, signature and seal of
the legal representative]
Notes:
(1) The original copy of the Power of Attorney shall be sent to the Employer in conjunction with the
Letter of Bid as prescribed in ITB Section 19.3. The Bidder’s legal representative may authorize their
deputies, subordinates, directors of branches, heads of representative offices of the Bidder to perform
the tasks on behalf of the Bidder. The authorized person may use the seal of the Bidder or their seal.
The authorized person may not authorize another person.
(2) Area of authorization includes one or multiple tasks above.
(3) Insert the effective date and expiration date of the Power of Attorney in conformity with the bidding
process.

Form No. 03
JOINT VENTURE AGREEMENT(1)
[Location and date]___________________
Package: [insert name of the package]
Project’s name: _________[insert the project's name]
Pursuant to(2) ____[the Law on Investment No. 43/2013/QH13 dated November 26, 2013];
Pursuant to(2)____ [the Government's Decree No. 63/2014/ND-CP dated June 26, 2014 on
implementation of some Articles on contractor selection of the Law on Bidding];
In response to Bidding Documents for _______________ [insert name of package] dated __________
[insert date written on the Bidding Documents];
Representatives of signatories to the joint venture agreement include:
Name of JV’s Party ____[insert name of each JV’s Party]
Represented by Mr./Ms. ___________________________________________
Position: ____________________________________________________
Address: _____________________________________________________
Phone number: ___________________________________________________
Fax: ________________________________________________________
Email: ______________________________________________________
Account: ___________________________________________________
TIN: ___________________________________________________
Power of Attorney No. ___________ dated ___________ (in case of authorization).
The Parties have reached a consensus on entering into a joint venture agreement with the following
contents:
Article 1. General rules
1. Parties voluntarily establish this joint venture to participate in the process of bidding for __________
[insert name of package] of _______________ [insert name of project].
2. Official name of the joint venture used in every transaction related to the package with the consent
of all Parties: ______________ [insert the agreed name of the joint venture].
3. Every JV's Party is committed not to unilaterally participate or establish a joint venture with another
JV's Party to participate in this package. If awarded the contract, no JV's Party is entitled to refuse to
fulfill the duties and obligations prescribed in the contract except for a written consent of other Parties.
Any JV's Party of the joint venture that refuses to perform their duties as agreed must:
- Pay damages to other parties in the joint venture;
- Pay damages to the Investor as prescribed by the contract;
- Incur other disciplinary actions __________ [specify the action].
Article 2. Assignment of duties
All Parties unanimously to undertake joint and separate responsibility to execute __________ [insert
name of package] of _______________ [insert name of project] as follows:
1. Leading JV's Party of the joint venture
All parties unanimously authorize ________ [insert name of a party] as the leading JV's Party of the
joint venture who represents the joint venture to perform the following tasks (3):
[- Sign the Letter of Technical Bid and Letter of Financial Bid].
- Sign documents with the Employer during the shortlisting processing, including the request for
Clarification of Bidding Documents and Bids; sign requests for Bid withdrawal, Technical and Financial
Proposal modification or substitution;
- Provide Bid Security for the joint venture;
- Participate in contract negotiation and finalization;
- Sign complaint letter (if any);
- Perform other tasks except for contract conclusion: _______________ [specify other tasks (if any)].
2. Tasks of JV’s Parties with the consent of all Parties are specified in the table below (4):
Proportion of value to
No. Name Tasks
bid price)

1 Name of leading JV's Party -___ -___%

-___ -___%

2 Name of second JV's Party -___ -___%

-___ -___%

.... .... .... ....

All tasks of the

Total 100%
package
Article 3. Effect of Joint venture agreement
1. The Joint venture agreement takes effect from the day on which it is signed.
2. The Joint venture agreement expires in the following cases:
- All parties have fulfilled their duties and finalize the contract;
- The agreement is unanimously terminated by all parties;
- The joint venture is not awarded the contract;
- The bidding for ____________ [insert name of the package] of ___________ [insert name of the
project] is cancelled as notified by the Employer.
The joint venture agreement is made into _______ copies with equal legal value, each party keeps
_________ copies.

LEGAL REPRESENTATIVE OF LEADING JV'S PARTY

[full name, position, signature and seal]

LEGAL REPRESENTATIVE OF JV’S PARTY

[Full name, position, signature and seal of each JV's Party]

Notes:
(1) According to the scope and nature of the package, this Joint venture agreement may be amended.
The project’s name and package’s name must be clarified accurately and sufficiently as prescribed in
BDS Section 1.2.
(2) Update legislative documents in force.
(3) Area of authorization includes one or multiple tasks above.
(4) The Bidder shall specify detailed tasks and estimate equivalent value of tasks performed by every
JV’s Party, common and private responsibilities of JV's Party, including the leading JV's Party.
 Form No. 04
BID SECURITY(1)

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

Date of issue: [insert date of issue]

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

Guarantor: [insert name and address of issuing bank, if it is not written in the title]
We have been informed that __________________________ [name of the Bidder](2) (hereinafter
called "the Bidder") has submitted to participate in the bid for the execution of ________________
[name of package] of _____[name of project] under Invitation to Bid No. ___ [insert number of
Invitation to Bid].
We hereby act as a guarantee for the Bidder to participate in the bid for this package with an amount
of _________[amount in figures, in words and currency].
This Guarantee takes effect within ____(2) days, from __________[date] (4).
At the request of the Bidder, we, as the Guarantor, hereby undertake to pay you any sum or sums not
exceeding in total an amount of ___________ [amount in figures] (____________) [amount in words]
upon receipt by us of your first demand in writing accompanied by a written statement stating that the
Bidder is in breach of its obligation(s), because the Bidder:
1. has withdrawn its Bid after the deadline for submission of Bid and during the period of bid validity;
2. has violated law on bidding leading bid cancellation as prescribed in Point d of Section 39.1 –
Instruction to Bidder of the Bidding Documents;
3. fails or refuses to execute the contract within 05 working days, from the date on which the
notification of contract negotiation sent by the Employer is received, excluding force majeure events;
4. fails or refuses to complete the contract within 20 working days, from the date on which the
notification of bid acceptance sent by the Employer is received, or refuses to conclude the contract
after the contract completion excluding force majeure events;
5. fails to furnish the Performance Security as prescribed in Section 41.1- - Instructions to Bidders of
the Bidding Documents.
If any JV’s Party violates regulations of law leading ineligible for Bid Security return as prescribed in
Section 18.5 –Instructions to Bidder, the Bid Security of all JV’s Parties shall not be returned.
If the Bidder has option: this Guarantee shall expire when the Bidder conclude the contract and furnish
the Performance Security to the beneficiary as agreed.
If the Bidder has no option: If the Bidder has no option: this Guarantee shall expire when the Bidder
receives the photocopy of notification of bidder selection result sent by the beneficiary; within 30 days
after the expiration date of the Bid.
Consequently, any demand for payment under this guarantee must be received by us at the address
on or before that date.

Legal representative of Ban

[Full name, position, signature and seal]
Notes:
(1) Applicable to Bid Security in the form of Bid Guarantee issued by a credit institution or a branch of
foreign bank established under Vietnamese law. This Form is encouraged to be used, if another form
that is not accordant with ITB Section 18.3 is used, the Bid security shall be considered invalid.
(2) The Bidder may have one of the following names:
- Name of the joint venture, for example A bidder and B bidder enter into a joint venture to make a bid,
their name shall be “Nhà thầu liên danh A + B” (“A + B joint venture”);
- Name of the Party in charge of the Bid Security for the joint venture or another Party in the joint
venture, for example, A + B + C joint venture makes a bid, if their joint venture agreement assign A
bidder to furnish Bid Security for the joint venture, the joint venture’s name shall be “nhà thầu A (thay
mặt cho nhà thầu liên danh A + B +C)”, (“A bidder (on behalf of A + B + C joint venture)”);
- Name of every joint venture Party separately furnishing the Bid Security.
(3) Insert as prescribed in Section 18.2 of the BDS.
(4) Insert the deadline date as prescribed in Section 21.1 of the BDS.
(5) Application to joint venture.

BIDDER QUALIFICATION
In order to prove the qualification to perform the contract as specified in Section 2 Chapter III -
Evaluation and Qualification Criteria, the Bidder must provide the necessary information using the
following forms:
Form 05(a)
BIDDER INFORMATION
Date:_______________
Number and name of package: __________
Bidder’s name: _______________

In case of joint venture, name of each Party: __

Place of business registration and operation:

____[insert province/city where the Bidder registers and operate business]

Year of establishment:

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

Bidder’s legal representative information

Name ___________________________________
Address: _________________________________
Phone number/Fax: _________________________
Email address: ____________________________

1. Attached are photocopies of one of the following documents: 4.1. The Bidder has been granted a
Certificate of Enterprise registration, a Establishment Decision or equivalent document issued by a
competent authority of the country in which the Bidder is operating.
2. Diagram of organizational structure of the Bidder.

Form 05(b)
JOINT VENTURE PARTY INFORMATION FORM(1)
Date:_______________
Number and name of package: __________ _____________

Bidder’s name:

JV's Party name:

JV's Party Country of Registration:

JV's Party Year of Establishment:

JV's Party Legal Address in Country of Registration:

JV's legal representative information

Name ___________________________________
Address: _________________________________
Phone number/Fax: _________________________
Email address: ____________________________

1. Attached are photocopies of one of the following documents: The Bidder has been granted a
Certificate of Enterprise registration, a Establishment Decision or equivalent document issued by a
competent authority of the country in which the Bidder is operating.
2. Diagram of organizational structure.
Notes:
(1) Regarding joint venture, each joint venture member shall declare information using this Form.

Form No. 06
LIST OF COMPANIES IN CHARGE OF PACKAGE WORKS(1)

Name of subsidiary Proportion of

Work performed
No. company, associate value to bid Notes
in the package (3)
company(2) price(4)

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

Form No. 07
(1)
PREVIOUS CONTRACT NON-FULFILMENT RECORDS
Bidder’s name:__________
Date:________ ____________
JV's Party name (if any) : ____________

Previous contract non-fulfillment records prescribed in Section 2.1 of Chapter III - Evaluation and
Qualification Criteria

□ No concluded contract without fulfillment from January 1, ___[year] prescribed in criterion 1 in the
Financial Qualification Criteria in Section 2.1 of Chapter III - Evaluation and Qualification Criteria.
□ At least one concluded contract without fulfillment from January 1, ___[year] prescribed in criterion 1
in the Financial Qualification Criteria in Section 2.1 of Chapter III - Evaluation and Qualification
Criteria.

Year Unfinished Description of contract Total value of

tasks in the contract (current
contract value, currency
 unit, exchange rate,
equivalent value in
VND)

Description of contract
Investor’s name:
Address:
Reasons for contract non-fulfillment:
Notes:
(1) The Bidder must declare accurately and truthfully history of unfinished contracts; any unfinished
contract being not declared shall be considered “fraudulent” and rejected.
Regarding joint venture, each joint venture member shall declare information using this Form.

Form No. 08
(1)
PENDING LITIGATION
Bidder’s name:__________
Date:________ ____________
JV's Party name (if any) : ____________

Pending litigation

Choose one of two information below:

□ No pending litigation.
□ Description of pending litigation in which the Bidder is a litigant (or each JV' Party is a litigant
regarding JV).

Value of Pending
Value of
Claim as a
Year Matter in Dispute Pending
Percentage of Net
Claim
Worth

Notes:
(1) The Bidder must declare accurately and truthfully involved lawsuits; any involved lawsuit being not
declared shall be considered “fraudulent” and rejected.
Regarding joint venture, each JV' Party shall declare information using this Form.

Form No. 09
FINANCICAL SITUATION OF BIDDER(1)
Bidder’s name: ___________
Date:________ ___________
JV's Party name (if any) : ___________

Financial Data for Previous ___Years(2)

Year 1: Year 2: Year __:

Information from Balance Sheet

Total Assets

Total Liabilities

Net Worth

Current Assets

Current Liabilities

Working Capital
Information from Income Statement
Total Revenues

Profits Before Taxes

Profits After Taxes

Attached are copies of financial statements (balance sheets including all related notes, and income
statements) for last 3 years(3), as indicated above, complying with the following conditions:
1. All such documents reflect the financial situation of the Bidder or JV's Party, and not sister or parent
companies.
2. Historic financial statements must be complete, including all notes to the financial statements as
prescribed.
3. Historic financial statements must correspond to accounting periods already completed, attached
are certified true copies of one of the following documents:
- Inspection record of tax declaration;
- Tax statement (VAT and enterprise income tax) whose time of submitting certified by tax authority;
- Documentary evidence on electronic tax declaration by the Bidder;
- Certification of tax liability issued by the tax authority (certifying amount paid in the whole year);
- Auditor's report (if any);
- Other documents;
Notes:
(1) Regarding joint venture, each JV' Party shall declare information using this Form.
(2) The number of columns in the Table must correspond to the period of time prescribed in criterion
3.1 Financial Qualification Criteria Section 2.1 Chapter III - Evaluation and Qualification Criteria.
(3) The period of time above must correspond to the period of time prescribed in criterion 3.1 Financial
Qualification Criteria Section 2.1 Chapter III - Evaluation and Qualification Criteria.

Form No. 10
(1)
AVERAGE ANNUAL TURNOVER

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

Information supplied should be the Annual Turnover of the Bidder or each JV's Party in terms of the
consultancy, procurement of goods, and construction for each year for contracts in progress or
completed.
Annual Turnover Data for the Last ___Years(2)

Year Amount

Average Annual Turnover(3)

Notes:
(1) Regarding joint venture, each JV' Party must fill in this form.
(2) The Employer shall insert the period of time prescribed in criterion 3.2 Financial Qualification
Criteria Section 2.1 Chapter III - Evaluation and Qualification Criteria.
(3) Average Annual Turnover shall be determined by dividing total turnover by number of years
according the information supplied.

Form No. 11
(1)
FINANCIAL RESOURCES
Specify proposed sources of financing, such as liquid assets (2), credit limit and other financial means
(other than advance payments of the contract), available to meet the financial resources requirements
prescribed in Form No. 12 of this Chapter.
Financial Resources of Bidder

No. Source of financing Amount

...

Total financial resources of Bidder

Notes:
(1) Every Bidder or JV's Party shall provide information about their financial resources, enclosed with
documentary evidence.
Expected financial resources shall be determined by the following formula:
NLTC= TNL-ĐTH
Where:
- NLTC is the proposed sources of financing to perform the contract:
- TNL is total financial resources of the Bidder (specified in this form);
- DTH is total monthly financial resources required for contracts in progress (specified in Form No. 12).
A Bidder shall be considered responsive to financial resources requirements if its mobilized proposed
financial resources are no less than the value of financial resources required prescribed criterion 3.3.
Financial Qualification Criteria Section 2.1 of Chapter III - Evaluation and Qualification Criteria.
If the Bidder encloses a credit commitment issued by a credit institution lawfully operating in Vietnam
in the Bid, which promises to lend to the commitment holder (the Bidder) to perform the considered
package with minimum amount equivalent to the required value prescribed in criterion 3.3 Financial
Qualification Criteria Section 2.1. Chapter III – Evaluation and Qualification Criteria during the contract
duration, the Bidder shall be considered satisfying financial requirements for the package and not
required to declare information using this Form and Form No. 12.
(2) Liquid assets mean cash and equivalent, short-term financial instruments, available-for-sale
securities, marketable securities, trade receivables, short-term financial receivables and other assets
that can easily be changed into cash within 1 year.

Form No. 12
(1)
MONTHLY FINANCIAL RESOURCES FOR CONTRACTS IN PROGRESS
No. Contract’s Contact Finish date Number of Unpaid Monthly
name person of the of contract remaining contract financial
Investor months of value, resources
(address, contract including required (B/A)
 phone number,
(A) )(2) taxes (B) (3)
fax)

...

Total monthly financial resources required for contracts in progress (DTH)

Notes:
(1) Each Bidder or JV's Party shall provide information below to calculate all required financial
resources, which is all value of: (i) current commitments of the Bidder (or each joint venture member)
in all contracts being executed or to be executed; (ii) required financial resources of the considered
contract by the Investor. In addition, the Bidder shall provide information about any other financial
obligation likely substantially affecting the execution of the considered contract if the Bidder is awarded
the contract.
(2) Number of remaining months of contract at 28 days prior to the deadline for submission of Bid.
(3) Unpaid value of contract at 28 days prior to the deadline for submission of Bid.

Form No. 13
SIMILAR CONTRACTS
Similar Contracts

The Contract Agreement Information:

No._____dated______

Date of Award of Contract: _________ Finish date: _________

Total Contract Price ________________

For JV's Party or

subcontractor, insert its Value as a percentage
Amount:________
contribution in total of total contract price
contract price

Investor’s name:
Address:
Phone number/Fax:
Email:

Description of similar characteristics prescribed in criterion 4 Financial Qualification Criteria Section

2.1 of Chapter III(2) - Evaluation and Qualification Criteria.

Similar characteristics Similar characteristics of completed contracts(2)

required(1)
Notes:
(1) The Employer must specify scope, complexity, methods, technology, or other characteristics of the
contracts as specified in Part 2 – Employer’s requirements.
(2) The Bidder must specify similar characteristics of the similar contracts to demonstrate their
responsiveness.

Form No. 14
TABLE OF PROPOSED PERSONNEL FOR KEY POSITIONS
Regarding every position prescribed in this Form, the Bidder shall declare detailed information
according to Forms 13 and 14 of this Chapter.
The Bidder shall propose personnel for key positions having qualifications satisfying requirements
prescribed in Point a Section 2.2 of Chapter III - Evaluation and Qualification Criteria and be available
to perform the package; no personnel being in charge of another package with the same working time
is proposed in this Table. If the declaration is not truthful, the Bidder shall be considered fraudulent.
1 Position: [insert detailed position in charge]

Name [insert the employee’s name for key position]

2 Position: [insert detailed position in charge]

Name [insert the employee’s name for key position]

3 Position:

Name

4 Position:

Name

5 Position:

Name

.... Position:

Name

Form No. 15
CURRICULUM VITAE OF PERSONNEL FOR KEY POSITION
The Bidder shall provide adequate information required below and enclose certified true photocopies
of relevant degrees, certificates.
Position

Personnel Name Date of birth:

information
Professional qualifications

Present work Employer’s name

Employer’s address

Phone number: Contact person (manager/personnel

officer)

Fax: Email:

Job title Years with present employer

Form No. 16
PROFESSIONAL QUALIFICATIONS OF PERSONNEL
Summarize professional experience in reverse chronological order. Indicate particular technical and
managerial experience relevant to the package.
From To Company/Project/Position/Relevant technical and management
 experience

Form No. 17
EQUIPMENT
The Bidder shall provide adequate information to demonstrate clearly that it has the capacity to meet
the requirements for the major equipment listed in Point b Section 2.2 of Chapter III - Evaluation and
Qualification Criteria and be available to perform the project. No equipment being proposed of another
project with the same schedule is proposed in this Table. If the declaration is not truthful, the Bidder
shall be considered fraudulent.
The equipment must be owned by the Bidder or may be rented provided that the Bidder may
demonstrate clearly that it has the capacity to meeting the requirements of the project. If an item of
equipment is rented, a lease of equipment and documents proving the ownership of the lessor are
required. A separate from shall be prepared for each item of equipment as follows:
Item of equipment

Equipment Name of manufacturer Model

information

Capacity Year of manufacture

Functions Origin

Current status Current location

Details of current commitments

Source Indicate source of the equipment

□ Owned □ Rented □ Leased □ Specially manufactured
Add the following information for the equipment not owned by the Bidder:
Owner Name of owner

Address of owner

Telephone: Contact name and title

Fax: Telex

Agreements Details of rental/lease/manufacture agreements specific to the project

 Form 18 (a)
(1)
WORK ITEMS PERFORMED BY SUBCONTRACTORS
Contract/agreement
Subcontractor’s Estimated
No. Work items(3) Volume(4) concluded with
name(2) value(5)
subcontractor(6)

...
Notes:
(1) In case of employment of subcontractors, then fill in this form.
(2) Indicate name of subcontractor(s). In case names of subcontractors are not determined, this
column may be leaved blank and only the column “Work items” is filled. If the Bidder is selected, it may
employ subcontractors with the work items as indicated in the table only with the consent of the
Investor.
(3) Indicate name of work items for subcontractor(s).
(4) Indicate volume of work items for subcontractor(s).
(5) Indicate value of work items performed by subcontractor(s) as percentage of the bid price.
(6) Indicate number of contract/agreement, enclosed with the original or certified true copy of such
document.

Form 18 (b).
(1)
LIST OF SPECIAL SUBCONTRACTORS
The Bidder must provide adequate information to demonstrate clearly that it has the capacity to meet
the requirements prescribed in Clause 2.3 Section 2 Chapter III - Evaluation and Qualification Criteria.
Contract/agreement
Name of
Estimated concluded with
No. special Work items(3) Volume(4)
value(5) special
subcontractor(2)
subcontractor(6)

...
Notes:
(1) In case of employment of special subcontractor, then fill in this form.
(2) Indicate name of special subcontractor(s).
(3) Indicate name of work items for special subcontractor(s).
(4) Indicate volume of work items for special subcontractor(s).
(5) Indicate value of work items performed by special subcontractor(s) as percentage of the bid price.
(6) Indicate number of contract/agreement, enclosed with the original or certified true copy of such
document.

B. BIDDING FORMS OF FINANCIAL PROPOSAL

Form 19 (a)
 LETTER OF FINANCIAL BID(1)

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

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

The package’s name: [insert the package’s name specified in BDS Section 1.2]
Project’s name: [insert the project’s name specified in BDS Section 1.2]
Invitation to Bid No.: ___[insert the number of the Invitation to Bid regarding selective bidding]

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

After carefully studying the Bidding Documents and revisions thereof number ____[insert the number
of the revisions (if any)], we, ____[insert the Bidder’s name], pledge ourselves to perform _____[insert
the package’s name] in accordance with the Bidding Documents. In conjunction with Technical
Proposal, we hereby enclose Financial Proposal with the total amount ____[insert the amount in
figures, in words, and currency] (2) together with the Table of bid price.
This Bid takes effect within ____(3) days, from __________[date] (4).

Legal representative of bidder(5)

[Full name, position, signature and seal] (6)
Notes:
(1) Bidder must provide sufficient and accurate information including names of the Employer and the
Bidder, effective period of the Financial Proposal, which bears the signature and seal (if any) and of
the bidder’s legal representative.
(2) The Bid Price mentioned in the Letter of Bid must be detailed, specified in both number and words,
and in conformity with the total Bid Price mentioned in the Grand Summary. There is must be only one
Bid Price which does not cause any disadvantage condition to the Investor or the Employer. If
permitted, the Bidder may offer the Bid price in other currencies and clarify the price in words and
figures in respect of each currency.
(3) Insert number of validity days as prescribed in Section 17.1 of the BDS. Effective period of the
Financial Proposal is from the deadline for submission of Bid to its expiration date as prescribed in the
Bidding Documents. The period of time from the deadline for submission of Bid to 24:00 of the bid
closing date is considered 01 day.
(4) Insert the bid closing date as prescribed in Section 21.1 of the BDS.
(5) If the bidder’s legal representative authorizes his/her subordinate to sign the Letter of Bid, a Power
of Attorney (Form 02 provided in this Chapter) must be enclosed. If the company’s charter or another
document permits such subordinate to sign the Letter of Bid, such document shall be enclosed (In this
case, the Power of Attorney is not required). Regarding joint venture, the Letter of Bid shall be signed
by legal representative of every JV's Party, unless the leading Party may sign the Letter of Bid
according to the joint venture agreement as mentioned in Form 03 of this Chapter. Each JV's Party
may give authorization similarly to an individual Bidder. If the successful bidder must present certified
true copies of these documents to the Investor before contract conclusion. If information provided is
found inaccurate, the bidder will be considered fraudulent as prescribed in ITB Section 3.
(6) If a foreign bidder has no seal, it must furnish the there must be a certification issued by a
competent agency that the signature in the Letter of Bid and any other documents of the Bid belongs
to its legal representative.

Form 19 (b).
LETTER OF FINANCIAL BID (1)
(applicable to the Bidder who has no discount offer in the Letter of Bid)

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

The package’s name: [insert the package’s name specified in BDS Section 1.2]
Project’s name: [insert the project’s name specified in BDS Section 1.2]
Invitation to Bid No.: ___[insert the number of the Invitation to Bid regarding selective bidding]

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

After carefully studying the Bidding Documents and revisions thereof number ____[insert the number
of the revisions (if any)], we, ____[insert the Bidder’s name], pledge ourselves to perform _____[insert
the package’s name] in accordance with the Bidding Documents. In conjunction with Technical
Proposal, we hereby enclose Financial Proposal with the total amount ____[insert the amount in
figures, in words, and currency] (2) together with the Table of bid price.
In addition, we voluntarily offer a discount of bid price with an amount ____[insert the discount amount
in figures, in words and in currency].
The bid price after deducting discount is: ________[insert the amount in figures, in words and in
currency].This Financial Proposal takes effect within ____ (4) days, from __________[date] (5).

Legal representative of bidder(6)

[Full name, position, signature and seal] (7)
Notes:
(1) Bidder must provide sufficient and accurate information including names of the Employer and the
Bidder, effective period of the Financial Proposal, which bears the signature and seal (if any) and of
the bidder’s legal representative.
(2) The Bid Price mentioned in the Letter of Bid must be detailed, specified in both number and words,
and in conformity with the total Bid Price mentioned in the Grand Summary. There is must be only one
Bid Price which does not cause any disadvantage condition to the Investor or the Employer. If
permitted, the Bidder may offer the Bid price in other currencies and clarify the price in words and
figures in respect of each currency.
(3) The discount is whether applicable to the package or one or several work items (specifying the
work items eligible for discounts).
(4) Insert number of validity days as prescribed in Section 17.1 of the BDS. Effective period of the
Financial Proposal is from the deadline for submission of Bid to its expiration date as prescribed in the
Bidding Documents. The period of time from the deadline for submission of Bid to 24:00 of the bid
closing date is considered 01 day.
(5) Insert the bid closing date as prescribed in Section 21.1 of the BDS.
(6) If the bidder’s legal representative authorizes his/her subordinate to sign the Letter of Bid, a Power
of Attorney (Form 02 provided in this Chapter) must be enclosed. If the company’s charter or another
document permits such subordinate to sign the Letter of Bid, such document shall be enclosed (In this
case, the Power of Attorney is not required). Regarding joint venture, the Letter of Bid shall be signed
by legal representative of every JV's Party, unless the leading Party may sign the Letter of Bid
according to the joint venture agreement as mentioned in Form 03 of this Chapter. Each JV's Party
may give authorization similarly to an individual Bidder. If the successful bidder must present certified
true copies of these documents to the Investor before contract conclusion. If information provided is
found inaccurate, the bidder will be considered fraudulent as prescribed in ITB Section 3.
(7) If a foreign bidder has no seal, there must be a certification issued by a competent agency that the
signature in the Letter of Bid and any other documents of the Bid belongs to its legal representative.

Form No. 20
GRAND SUMMARY
Project’s name:
The package’s name:
Technical Amount
Criteria,
General Summary Page Local Foreign
Technical
Instructions currency currency
Bill No.1: General Items

Bill No.2: Design Services

Bill No. 3: Imported Supply and Equipment

Bill No. 4: Domestic supply and equipment

Bill No. 5: Construction

Bill No. 6: Contingencies (if any)

.............

Total work value (A)

Contingency costs (*) (B)

Bid Price Before Taxes (=Total work value and (C)

contingency costs (A+B)

Equipment import tax (D)

Corporate income tax (CIT) (E)

Value Added Tax (VAT) (G)

Total tax value (D+E+G) (H)

Bid Price After Taxes (C+H) (I)

Notes:
- (*) If the lump sum contract is applied, this item is deleted, the Bid Price shall include taxes, fees, and
charges and the Bidder shall determine and allocate the Contingency costs in the Bid Price. With
regard to Unit rate contract, the Bidding Documents must provide data in order for the Bidder to
propose daywork price and other provisional amounts. For the purposes of bidding, the Bidding
Documents must clearly indicate the contingency rate for additional quantity under fixed unit rate
contract; indicate the contingency rate for additional quantity inflation under adjustable rate contract.
- Bill of Quantities (Price Schedule 1, 2, …n) shall be made and completed according to Forms 22
through 24 and bill of quantities.
1. Purposes:
The Bill of Quantities shall be made for the following purposes:
- Provide sufficient information about quantities of works to be performed to enable Bids to be
prepared efficiently and accurately.
- Provide detailed prices for works to be performed according to the concluded contract.
In order to achieve the aforesaid purposes, the above works shall be specified in the items in the Bill
of Quantities so clear that they may be classified by the type of work or between the works with same
nature but performed in different places resulting to material deviation of costs in consideration of
technical instructions to perform the corresponding work in Chapter VII of the Bidding Documents. The
format and contents of the Bill of Quantities must be simple and short.
2. Contents and layout:
The Bill of Quantities shall be divided into the following parts:
a) Price Schedule for General Work
b) Price Schedule for Detailed Works (classified in groups)
c) Price Schedule for Daily Employment (contingency cost in case of daywork including labor,
material, Contractor’s equipment).
d) Contingency Cost Schedule (if any)
dd) Bid Price Before Taxes
e) Taxes
g) Bid Price After Taxes.
3. Price Schedule for General Work
The Price Schedule for General Work must clearly indicate the components of the Price Schedule,
methods of calculating quantities of works to be used in this Schedule and in service of measurement,
taking over and payment of the works specified in this Schedule.
4. Unit Price Schedule for Detailed Works
Sections of Works in the Bill of Quantities should be classified into groups according to their nature,
places, times and other characteristics leading discrepancies in costs. The formulation of detailed
works of the Bill of Quantities is often made according to each item or component of the work and
closely integrates with the layout in the description of technical instructions and other design
requirements.
The general works need to be performed for support of other works in this Schedule shall be grouped
as one or some separate items of this Bill of Quantities. When apply Price adjustments according to
detailed works, Price adjustment factors often relate to respective items in the Bill of Quantities.
5. Bill of quantities and calculation method
- Ordinary quantity needs to be calculated from drawings (otherwise instructed).
- Regarding lump sum item, the respective quantity shall be determined according to each item
together with the scope of work which is clearly indicated in the corresponding Technical Instructions,
Requirements. The quantity of work of some lump sum items, notwithstanding, may be specified for
the purposes of making plans and taking over and payment.
- Regarding items having quantities need to be adjusted, bases of formulation and determination must
be clarified for the purposes of inspection, quotation and payment.
- If there is a design package, all work items in the design phase should be shortened and given the
list of criteria needed to control, supervision and taking over instead of being structured as bill of
quantities. Regarding quantities of works related to construction measures to be improved for increase
of capacity and effectiveness by the Bidder should not be specified.
- The list and quantities of works must conform to rules for payment management hereafter (lump
sum/ taking over according to construction drawings; or reality, etc.)
- When making bill of quantities for large-scale package, it should be classified into similar groups of
works, such as preparation, soil work, underground, concrete work, steel structure work, etc.
Example: With respect to concrete work, it is often divided into mortar work, pour measures manually
or by pumps, and formwork but they should be classified in only one item of concrete in the bill of
quantities. In this case, the information below may be indicated in the Column "Notes": “Description in
Section …in Chapter of Technical Specifications” or “Scope of works including total costs of mortar,
construction measures, formwork costs for the completed products according to the Technical
Instructions”
Examples of bill of quantities and price offer are provided in Example 4 Appendix 2 – Examples and
Guidelines for Bidding Documents.
6. Units of measurement
The following units of measurement and abbreviations are recommended for use. Example:
Unit Abbreviation Unit Abbreviation

Cubic meter m3 metric ton T

hectare ha millimeter mm

hour h square meter m2

kilogram kg square millimeter mm2

meter m
7. Daywork Schedule
A Daywork Schedule should be included if the probability of unforeseen work, outside the items
included in the Bill of Quantities, is relatively high. To facilitate checking by the Employer of the realism
of rates quoted by the bidders, the Daywork Schedule should normally comprise:
- a list of various classes of labor, materials, and Contractor's equipment for which basic Daywork
rates or prices are to be inserted by the bidder, together with a statement of conditions under which
the Contractor will be paid for work executed on a Daywork basis; and
- a percentage to be entered by the bidder against each basic Daywork Subtotal amount for labor,
materials, and Contractor’s profit, overheads, supervision, and other charges.
8. Provisional Quantities and Sums
- If the lump sum contract is applied, this item is deleted, the Bid Price shall include taxes, fees, and
charges (if any) and the Bidder shall determine and allocate the Contingency costs in the Bid Price.
- If the Unit rate contract is applied, the Contingency costs are the value indicated in the contract
reserved for payment of adjusted items in the contract to avoid the cost adjustment leading the
contract price excess or avoid approving other additional costs incurring thereafter that cause the
delay to the subsequent procedures.
A column of contingency should be added to the Grand Summary for each component or type of work
whose quantity is likely to exceed. With regard to other works, the quantity contingency should be
made in the contingency costs of Total work value and contingency costs. Correspondingly, the
inflation contingency should also be made in the contingency costs of Total work value and
contingency costs.
The aforementioned contingencies shall be determined and fixed in the Bidding Documents by the
Employer and not be provided in the Bid Evaluation.
9. Grand Summary and notes of taxes
- The Grand Summary is a schedule consisting of separate parts of Bill of Quantities completed,
including contingency costs of daywork, quantity, price, and taxes.
- Taxes: The Bid Price and the Contract Price must include the taxes mentioned in the Bid Price
Schedule and relevant taxes.
+ Taxes and fees at the Bidder’s expenses may be included in the detailed price. For example:
personal income tax, procedures' fees of the Bidder, etc.
+ Taxes and fees that are likely to fluctuate in accordance with regulations of law during the contract
execution or those that are impossible to be determined due to lack of rules for determination prior to
the time of concluding contract by the parties should be divided into separate items and rules for
management and payment in the contract must be clearly indicated. For example: import duties on
primary goods (equipment), VAT, etc. The above taxes shall not be offered in the Bid Evaluation but
they must be included in the Contract Price to ensure the payment sources.

Form No. 21
Form No. 21. SCHEDULES OF PAYMENT CURRENCIES
Schedule A: Plan A
[To be used with the price converted to local currency]
Item or component: ......................................... [insert name of Section of the Work]
A B C D

Exchange Percentage of Net

Local Currency Bid Price (NBP)
Rate
Currency’s Name Amount Equivalent
(to Local 100xC
C=A x B
Currency) NBP

Local Currency 1.00

Foreign Currency
#1

Foreign Currency
#2

Net Bid Price 100.00

(NBP)

Provisional Sums [to be inserted [to be inserted by

Expressed in by the the Employer]
Local Currency Employer]

BID PRICE

Schedule B: Plan B
[To be used with price not converted to local currency]
Item or component: .........……………………[insert name of Section of the Work]
Name of Currency Amount

Local Currency: ____________________

Foreign currency #1: _________________

Foreign currency #2: _________________

Form No. 22
BILL OF QUANTITIES

Bill No. 1: General Items

Local Currency Foreign Currency
Item
Description Unit Quantity Unit
No. Amount Unit Price Amount
Price

A101

102 Warranty

103 Insurance of
Equipment

104 Third-Party
Insurance

105 Allow for

maintenance
of Works for
12 months
after
completion

106 ... ... ....

112 Provide and

equip
Engineers'
offices

113 Maintain
Engineer’s
offices

114 ... ...

Total for Bill No. 1

(carried forward to Grand Summary,
p.___)
 Bill No. 2: ......
Item Description Unit* Quantity* Local Currency Foreign Currency
No.*
Unit Amount Unit Amount
Price Price

... ... ... ... ...

Total for Bill No. 2

(carried forward to Grand Summary,
p.___)

Bill No. 3:
Item Description Unit* Quantity* Local Currency Foreign currency
No.*
Unit Amount Unit Amount
Price Price

... ... ... ...

Total for Bill No. 3

(carried forward to Grand Summary,
p.___)
Notes:
1. Each Section of Work should be made in 01 equivalent Schedule. The italics in the table are
examples. Each Unit Price shall be indicated in the Grand Summary.
2.*: To be inserted by the Employer.
3. Unit Prices of Work Items in the Schedule include costs of labor, equipment, taxes incurring outside
the Vietnam’s territory, overhead charges, profits, etc for the for those items.
4. Description of costs must be clarified so as to avoid possible dispute thereafter (for example
definition of soil, rock, etc.).

Form No. 23
DAYWORK SCHEDULE
1. General provisions
a) A Daywork Schedule is commonly used in contracts in case of high probability of unforeseen work,
other than the items included in the Grand Summary, Bill of Quantities or the unforeseen work cannot
be covered by definitive description and approximate quantities in the Grand Summary.
If a Daywork Schedule should be included in the Bidding Documents, nominal quantities of work items
likely to be used on a daywork basis shall be specified for the purpose of quotation.. The Bid Price for
the Daywork shall be carried forward as a Provisional Sum to the Grand Summary. Provisional Sum,
including Daywork costs shall be separated without consideration during the Bid Evaluation for the
purpose of comparison of Bids.
b) Successful Bid and Contract Price shall include Provisional Sum quoted in the Bid by the
Contractor. During the Contract execution, if work items on the daywork or provisional sum basis arise,
the Employer shall pay the funding for Provisional Sum to the Contractor.
c) Work shall not be executed on a daywork basis except by written order of the Employer. Bidders
shall enter basis rates and amount for daywork items in the Schedule of labor, materials and
equipment. Basis rates shall apply to any quantity of daywork ordered by the Employer. Unless
otherwise prescribed in the Contract, payments for daywork shall be subject to price adjustment in
accordance with provisions in the Conditions of Contract.
2. Daywork Labor
a) In calculating payments due to the Contractor for the execution of daywork, the hours for labor will
be reckoned from the time of arrival of the labor at the job site to execute the particular item of
daywork to the time of return to the original place of departure, but excluding meal breaks and rest
periods. Only the time of classes of labor directly doing work ordered by the Employer and for which
they are competent to perform will be measured. The time of gangers (charge hands) actually doing
work with the gangs will also be measured but not the time of foremen or other supervisory personnel.
b) The Contractor shall be entitled to payment in respect of the total time that labor is employed on
daywork. The payment is calculated at the basic rates entered by him in the Schedule of Daywork
Rates: 1. Labor. The basic rates for labor shall cover all costs payable to the Contractor, including:
- The amount of wages paid to such labor;
- Transportation time, overtime, subsistence allowances;
- Relevant social welfare costs;
- The Contractor’s profit, overheads, supervision, insurance;
- Power, water, security, stationery, communications, administration and relevant costs.
3. Daywork Materials
The Contractor shall be entitled to payment in respect of materials used for daywork, at the basic rates
entered by him in the Schedule of Daywork Rates: 2. Materials. The basic rates shall cover overhead
charges and profit, as follows:
a) The basic rates for materials shall be calculated on the basis of the invoiced price, freight,
insurance, handling expenses, damage, losses, etc., and shall provide for delivery to store at the Site;
b) The cost of hauling materials for use on work ordered to be carried out as daywork from the store or
stockpile on the Site to the place where it is to be used will be paid in accordance with the terms for
Labor and Construction in this schedule.
4. Daywork Contractor’s Equipment
a) The Contractor shall be entitled to payments in respect of Contractor’s Equipment already on Site
and employed on daywork at the basic rental rates entered by him in the Schedule of Daywork Rates:
3. Contractor’s Equipment The basis rates shall cover all of the following costs:
- Profit and overhead charges in connection with the use of equipment;
- Depreciation;
- Interest, indemnity, insurance, repairs, maintenance, supplies, fuel, lubricants and other
consumables.
The cost of drivers, operators, and assistants will be paid for separately as described under the
section on Daywork Labor.
b) Only the actual number of working hours will be eligible for payment, the travelling time from the
part of the Site where the Contractor’s Equipment was located when ordered by the Engineer to be
employed on daywork and the time for return journey thereto shall be included for payment.

1. Labor
Item Description* Unit* Quantity Local Currency Foreign Currency
No.* (hour/day/month
) Unit Amount Unit Amount
Price Price

D100 Bricklayer hour

D101 Laborer hour

D102 ... ...

D103 ... ....

 Subtotal
(carried forward to Daywork Summary, p.___)
Notes:
1. *: To be inserted by the Employer.

2. Materials
Local Currency Foreign Currency
Item
Description* Unit* Quantity* Unit
No.* Unit Price Amount Amount
Price

D201 Cement, T 200

ordinary
Portland, or
equivalent in
bags

D202 Mild steel T 100

reinforcing bar
up to 16mm
diameter

D203 Fine aggregate m3 1,000

for concrete as
specified in
Section…

D204 ………

Subtotal (carried forward to Daywork

Summary, p.___)
Notes:
1. *: To be inserted by the Employer.

3. Contractor’s Equipment

Nominal Local Currency Foreign Currency

Item No.* Description* quantity Unit Unit
(hour)* Amount Amount
Price Price

D301 Excavator

.1 Under 1 m3 500

.2 From 1 m3 to 2 m3 400

.3 Over 2 m3 100

D302 Grader

.1 Under 150 kW 500

.2 From 150kW to 400

200kW
 .3 From 200kW to 200
250kW

D303 ... ... ... ...

.1 ... ... ...

Subtotal (carried forward to Daywork

Summary, p.___)
Notes:
1.*: To be inserted by the Employer.

4. Total for Daywork Provision Sum

(Daywork Summary)
Local Currency Foreign Currency

1. Total for Daywork: Labor

2. Total for Daywork: Materials

3. Total for Daywork: Contractor’s Equipment

Total for Daywork (carried forward to Grand

Summary, p.___)

Form No. 24
SUMMARY OF SPEICIFIED PROVISIONAL SUMS
(for Sections of Works in Bill of Quantities)
Bill No. Item No. Description Local Currency Foreign Currency

Unit Price Amount Unit Price Amount

Total for Specified Provisional

Sums(carried forward to Grand
Summary, p.___)

Form No. 25
SCHEDULE OF ADJUSTMENT DATA
(to be used only for adjustable price contracts)
In Tables A and B below, the Bidder shall insert: Its amount of local currency payment, indicate its
proposed source and base value of indices for the foreign currency elements of cost, derive its
proposed weightings for the local and foreign currency payment , and list the exchange rates used in
the currency conversion. In the case of very large and/or complex works contracts, it may be
necessary to specify several families of price adjustment formulae corresponding to the different works
involved.
 Table A. Local Currency
Index Index Source Base Bidder’s Bidder’s
code description* of value related proposed
A B C D E
index* and currency weighting
date* amount

Nonadjustable — — — a*:

b:

c:

d:

e:

.....

Total 1.00
Notes:
1. (*) to be inserted by the Employer.
2. The sources of the price adjustment index are taken according to "Price Index" released by the
General Department of Statistics monthly or issued by competent authorities.
3. “a” is a fixed coefficient, stated in the relevant table of adjustment data, representing the
nonadjustable portion in the contractual payments.
4. “b”, “c”, “d”,...are coefficients representing the estimated proportion of each cost element related to
the execution of the Works; for cost elements that are adjustable (namely labor, materials, etc.)
5. A, B, C, D, E..: Work items subject to Price adjustments (E.g. A: Over ground earthwork, B:
Underground earthwork, C: All concrete work including steel processing, D: All metal works, E: Other
works, etc.)

Table B. Foreign Currency

State Type: _________[If the Bidder is allowed to quote in more than one foreign currency, this table
should be repeated for each foreign currency].
Index Index Source Base Bidder’s Bidder’s
code description* of index* value related proposed
and source weighting
A B C D E
date* currency in
[type/amount
]

Nonadjustable __ __ __ a*:

b:

c:

d:

e:

.....

Total 1.00
Notes:
1. (*) to be inserted by the Employer.
2. “a” is a fixed coefficient, stated in the relevant table of adjustment data, representing the
nonadjustable portion in the contractual payments “b”, “c”, “d”,...are coefficients representing the
estimated proportion of each cost element related to the execution of the Works; for cost elements that
are adjustable (namely labor, materials, etc.) (for example “b” is a coefficient of labor cost, “c” is a
coefficient of fuel cost, etc.)
3. A, B, C, D, E..: Work items subject to Price adjustments (E.g. A: Over ground earthwork, B:
Underground earthwork, C: All concrete work including steel processing, D: All metal works, E: Other
works, etc.)

Form No. 25’

DOMESTICALLY-PRODUCED COSTS OF GOODS ELIGIBLE FOR INCENTIVES (1)
No. Good’s name Amount

1 Name of good 1

Price in the Bid (I)

Amounts of taxes (including imported duty on

spare parts and equipment comprising the (II)
imported good, VAT and other taxes payable)

Import-related costs in the good, including fees

(III)
and charges (if any)

Domestic production costs G* = (I) - (II) - (III)

D (%) = G*/G (%)

Percentage of domestic production costs
Where G = (I) - (II)

2 Name of good 2

...

N Name of good n

Legal representative of bidder

[Full name, position, signature and seal]
Notes:
(1) To be used only when the good is eligible for incentives.

Part 2
EMPLOYER’S REQUIREMENTS
Chapter V
PROJECT AND PACKAGE INTRODUCTION
This Chapter provides general information about the project and the procurement, including location,
size, requirements for procurement of Goods, time for procurement and other information about the
nature and requirements of the procurement.
1. Project general information
a) Project:
- Project’s name:
- Employer:
- Sources of Funds:
- Investment decision:
- Decision on approval for Bidder selection result:
b) Location:
- Position:
- Premises current conditions: Existing ground and underground works;
- Existing infrastructure: Water supply, drainage, electricity supply, traffic system, etc.
c) Scale:
- Type of work and functions:
- Scale and other characteristics.
2. Package general information
a) Scope of works;
b) Duration.

Chapter VI
TIME SCHEDULE
This Chapter indicates the period of time (e.g., dates, weeks, or months) from the effective date of
EPC contract to the completion time.
Apart from time for completion of the entire work, if time for completion of each work item is also
required, a completion schedule shall be made.
1. Time Schedule of Project
The bidders shall be provided with the Time Schedule of Project with detailed time scheduled in the
latest design, including bar charts on the progress of the project components related to the package.
2. Time Schedule of Package and Milestones
The bidders shall be provided with detailed time schedule for this EPC package with various activities
and significant milestones in connection with taking over, forwarding and synchronization with the
other project activities and timelines as the basis for determining the schedule-related reward and
punishment in the contract.
Significant milestones are listed in the table below:
No. Work item Start Finish

...
Chapter VII
TECHNICAL SPECIFICATIONS
1. Technical Specifications
For the purposes of competition, equality, transparency and efficiency in bidding, all Technical
Specifications shall be drafted on the basis of the investment decision and documents comprising it,
plan for bidder selection, latest design and attached instructional and in accordance with law on
bidding..
The Technical Specifications should be structured closely, systematically numbered to ensure
consistency and logic in management. The Technical Specifications should consist of requirements,
including rules for taking over and payment for references from Bill of quantities and quotations.
The Technical Specifications shall contain the following requirements:
1. Design;
2. Procurement and installation of goods; procurement of services;
3. Procedures and regulations on construction and taking over of work;
4. Technical organization of construction, supervision;
5. Order of construction or installation;
6. Commissioning and safety;
7. Fire safety (if any);
8. Hygiene and environment;
9. Labor safety;
10. Measures for mobilizing labor and equipment;
11. Measures for execution of work and work items;
12. System of inspection and monitoring of quality of the Contractor;
13. Other requirements depending on the nature of the package: compatibility with the system existing
equipment/ facilities, use of typical fuels and materials...
The Technical Specifications shall not set out conditions that restrict the participation of bidders or
bring advantage for one or some bidders, which creates unfair competition, or not require information
about trademarks, origins of supply and equipment, including names of countries, country groups and
territories, for instance, as a discriminatory practice.
In case it is impossible to give the detailed description of technical features, performance, technical
standards, technology standards in the Bidding Documents, trademarks and catalogues of specific
products should be shown as a reference or illustration of technical requirements of these supply and
equipment, but the remark "or equivalents” should be printed at the back side of these trademarks and
catalogues, and contents of technical features, operational functions, technological standards
equivalent to those of these products as well as other information (if any) should be clearly stated,
except for information about origin of goods.
An example of components, layout of typical technical specifications of a hydropower construction
package outlined in Example 4 Appendix 2 – Example and guidelines for Bidding Documents.
2. Functional guarantees
Minimum functional guarantees to be inserted and satisfied by the Contractor are listed as follows:
No. Guarantee Minimum Proposed
guarantee guarantee of
Contractor

Major equipment

1 .......................................

2 ......................................

Other equipment

2
A Bid with proposed functional guarantees not satisfying minimum requirements shall be rejected
without further consideration. Each proposed guarantee item in a Bid will be evaluated according to
the principles on the same condition and the evaluation criteria specified in Chapter III of the Bidding
Documents.
Alternative Technical Proposals: The Bidding Documents may give typical functional guarantees and
allow bidders to offer functional guarantees oscillating around the typical value, provided not exceed a
minimum or a maximum level (e.g. 5%).

Chapter VIII
DRAWINGS
This Chapter lists drawings enclosed with the Bidding Documents(*).
No. Symbol Name Version/Published date

...
Notes:
(*): The Employer shall provide drawings available for approval (if any) with the following criteria:
- Ensure the legality and security needed;
- Provide as much information about the project for the bidders as possible to their best understanding
for preparing bids.

Part 3
CONDITIONS OF CONTRACT
Chapter IX
 GENERAL CONDITION OF CONTRACT
The General Condition of Contract shall be those the "Conditions of Contract for EPC/Turnkey
Project", edition 1999, published by Federation International des Ignenieurs-Conseils (FIDIC) (if
General Conditions of Contract in Vietnamese is required, it is recommended to use the Vietnamese
translation published by Vietnam Engineering Consultant Association).

Chapter X
SPECIAL CONDITIONS OF CONTRACT
Reference examples of Special Conditions of Contract are published on the national bidding network
at website muasamcong.mpi.gov.vn.

APPENDIX 1
A NUMBER OF EXAMPLES OF SPECIAL CONDITIONS OF CONTRACT
Attached Appendices are examples and guidelines for Special Conditions of Contract enclosed with
the Bidding Documents that are finalized before the conclusion of Contract.

Appendix 1.1
INSURANCE REQUIREMENTS
The Contract shall at its expense take out and maintain in effect, during the period from the effective
date of Contract to the expiration date of Defect Liability Period, the insurances set forth below.
(a) Construction all risks Insurance;
(b) Third party liability insurance;
(c) Workers’ compensation, with minimum value in accordance with statutory requirements of labor law
of Vietnam;
(d) Cargo insurance, with insured value of 110% of CIP price of supply and equipment covering loss or
damage occurring, while in transit from the supplier’s or manufacturers’ works or stores until arrival at
the Site, to the Facilities and to the construction equipment to be provided by the Contractor or its
Subcontractors.
(e) Investor’s liability insurance;
(f) Motor vehicle liability insurance;
The Contractor must pay for any loss or damage not covered by insurance or not compensated (due
to liability limit, exclusion, deductible limit or excess).
The following contents may be modified, subject to instructions or request of the Investor.
(a) Covering physical loss or damages to the Facilities at the Site, occurring prior to completion of the
Facilities, with an extended maintenance coverage for the Contractor’s liability in respect of any loss or
damage occurring during the warranty period (defect liability period) while the Contractor is on the Site
for the purpose of performing its obligations during the defect liability period.
Details:
Amount Deductible limits Parties insured From To
[in currency(ies)] [in currency(ies)] [names] [place] [place]

(b) Covering bodily injury or death suffered by third parties (including the Investor’s personnel) and
loss of damage to property (including the Investor's property and any parts of the Facilities that have
been accepted by the Investor) occurring in connection with the supply and installation of the Facilities.
or
[The Contractor is required to take out and maintain at its own cost the following insurances as
prescribed in Vietnamese laws and terms and conditions below:]
Insurance product Construction all risks insurance and Third party liability insurance

Requested by Contractor
Parties insured The Employer, the Contractor, Subcontractors and other parties with interests
involved in the project and tangible works at site thereof are insured

Beneficiary Contractor

Insured project [insert project’s name]

Location [insert project's location]

Scope of work All works

Insurance term [insert insurance’s term]

Benefits Part 1 – All risks in construction

Including but not limited to the following:
a) Works of Contract (long-term and temporary works including all supply and
equipment or any of work items provided by the Contractor);

c) c) The cost of cleanup and the cost for the movement, clearance or
demolition debris, materials, property (including but not limited to the removal,
release or demolition of any benefits under this insurance that are no longer
appropriate to expected purposes), including the implementation of temporary
repairs, rehabilitation, continuing the original working condition.
Part 2 – Third Party Liability
Covering bodily injury or death suffered by third parties and loss of damage to
property occurring in connection with the insured project.

Insured value Part 1 – Installation All Risks Insurance

Notes: Insured value shall be determined before the signing of Contract.
Part 2 – Third Party Liability
Liability limitation: Bodily injury and damage to property indemnity: [amount]
for any one occurrence with an unlimited number of occurrences occurring in
the insurance term

Deductible Limits Part 1 - Physical Damage

- For major equipment: [amount/case in connection with testing,
commissioning, reliable operation; risks and maintenance of manufacturer
- [amount]/case in connection with force majeure events
- For other work items: [amount]/case in connection with commissioning,
taking over, reliable operation; risks and maintenance of manufacturer
- [amount]/case in connection with other occurrences.
Part 2 – Third Party Liability
- [amount]/case in connection with cases of damage to property only

Terms and According to terms and conditions of Munich Re standard in terms of Erection
Conditions All Risks Insurance Policy and amendments as follows:
1) Cover for loss or damage due to Strike, Riot and Civil Commotion (Limit of
Indemnity: [amount] for any one occurrence) (001)
2) Cover for cross liability (002)
3) Extended maintenance cover ([…months]) (004)
4) Construction and/or erection time schedule ([… days] (005)
5) Cover for extra charges for overtime, night work, work on public holidays
and express freight (Limit of Indemnity: […%] over repairs costs, a maximum
of [amount] for any one occurrence) (006)
6) Cover for extra charges for airfreight (Limit of Indemnity: […%] over repairs
costs, a maximum of [amount] for any one occurrence) (007)
7) Property in off-site storage (Limit of Indemnity: amount] for any one
 occurrence, location to be notified) (013)
8) Existing property or property belonging to or held in care, custody or control
by the insured (Limit of Indemnity: amount] for any one occurrence) (119)
9) Cover for testing of machinery and installations ([…months], in which
testing time of each work item is […weeks]) (100)
10) Cover for designer’s risk (only for construction/erection) (115)
11) Vibration, removal or weakening of support (Deductible limits = 20% over
the loss, limit of indemnity [amount] for any one occurrence) (120)
12) Piling foundation and retaining wall works (121)
12) Manufacturer's risk (200)
*** LEG 3 Designer’s risk (to be used for machinery and equipment)
14) Fire-fighting facilities (206)
15) Camps and stores (207)
16) Underground cables and pipes (Deductible limits = 20% over the loss, limit
of indemnity [amount] for any one occurrence) (208)
17) Safety measures with respect to flood (221)
(Limit of indemnity: [amount] for any one occurrence)
19) Removal of debris (Limit of indemnity: [amount] for any one occurrence)
20) Weather aggregate (72 hours)
21) Exclusion of war and terrorism (NMA2919)
22) Automatic reinstatement of sum insured
23) Marine Fifty/Fifty
24) Price variation (15%)
25) Costs of reducing losses (Limit of indemnity: [amount] for any one
occurrence; to be limited for actual losses)
26) Plans and documents (Limit of indemnity: [amount] for any one
occurrence)
27) Independent loss adjusters (Crawford, Cunningham, Mclarens)
28) Payment on account ([...])%)
29) Total asbestos exclusions
30) Industrial pollution and dust exclusions
31) Clarification clause
32) Risk survey EPI65
3) Adjustments of insurance premiums at the expiry time
34) Disclosure of statement and auto repair (Limit of indemnity: [amount] for
any one occurrence)
35) Cover for Facilities after taking over and being put into operation
36) Wet Facilities

Insurance premium ________%

rate

Payment terms [to be discussed]

Appendix 1.2
TERMS AND PROCEDURES OF PAYMENT
According to the fulfillment of obligations mentioned in the Contract and sufficient documents as
required by the Contractor, the Employer shall pay the Contractor in the following manner. Payments
will be made in the currencies quoted by the Bidder:
I. Means of payment
The Contract payment shall be made through Telegraphic Transfer (T/T) [or by Letter of Credit (L/C)
opened by the Employer].
Notes: For the Employer’s benefits, the mean of payment in the Bidding Documents should be T/T.
However, the mean of payment may change in the Negotiation of Contract phase if the Bidder may
clarify deviation in the Bid and demonstrate the reasons for conversion of mean of payment to L/C.
The Employer should, in case of opening a L/C, clearly determine costs/fees for opening the L/C at
expenses of the Employer or Contractor (Employer is often) and the Contractor may be required to
make a deposit of total value of the Contractor.
II. Payment procedures
1. Advance payment
The Employer shall make an advance payment equivalent to […]% of Contract Price that is treated as
the advance without interests so as to the Contractor mobilize resources and perform design services
within [..] days from the date on which the following sufficient documents are submitted by the
Contractor:
(a) One (01) original and two (02) copies of invoice signed by the Contractor;
(b) Bank Guarantee for Advance Payment in accordance with GCC Article […] equivalent to […] of
Contract Price; (c) Performance Security in accordance with GCC Article […] [Performance Security].
The amount of bank guarantee for advance payment may be reduced in installments in proportion to
the recovery of advance payment from the Contractor.
A bank guarantee shall be issued in the form of an unconditional and irrevocable bank guarantee and
paid as specified in the Contract by a credit institution or a branch of foreign bank lawfully operating in
Vietnam and approved by the Employer. Other forms of bank guarantee may be accepted with the
consent of the Employer.
The Bank Guarantee for Advance Payment shall remain valid until recovery of total advance payment.
The bank guarantee may, notwithstanding, be reduced in installments equivalent to the recovery
amount from the Contractor. If the expiration date of bank guarantee is clearly indicated, the
Contractor shall extend the period of validity of the bank guarantee until total advance payment is
recovered.
The Employer shall refund Bank Guarantee for Advance Payment to the Contractor within […] days
from the issue date of Taking Over Certificate.
2. Payment in installments
Payment documents in installments shall consist of documents required by the Employer. All
documents above must meet the conditions for quantity, contents, and quality required by the
Employer. The Employer may retain the payment in the case where the Contractor fails to meet the
above conditions.
2.1 Lump sum payment:
Import
Plant and Equipment Supplied from Abroad
(a) […] percent (…%) of the “CIP to Installation Sites” amount for equivalent plant and equipment
specified in the column “CIP to Installation Site” – Price Schedules shall be paid upon receipt of
invoice and shipping documents prescribed in GCC Article […] [Shipping]. The advance payment
guarantee may be reduced in proportion to such payment.
(b) […] percent (…%) of CIP to “Installation Sites” amount for equivalent plant and equipment specified
in the column "CIP to Installation Sites” – Price Schedules shall be paid upon receipt of documents
certifying that the plant and equipment are delivered to the site. The advance payment guarantee may
be reduced in proportion to such payment.
Delivery schedule must be suitable and reasonable for installation schedule and performance
schedule of other services within the scope of works. The Employer may reserve the right to keep
payment of a shipping that is considered as an unreasonably early delivery according to the
performance schedule specified in [Schedule] of the contract. The reservation of this payment shall not
be treated as delayed payment and the GCC Article […] shall not apply.
Installation and other Services within the Scope of Works
Every month, […] percent (…%) of measured value of work performed by the Contractor, as identified
in the said Program of Performance in the installation and other services within the Scope of Works,
will be made, as evidenced by the Employer’s authorization of the Contractor’s completion of work.
The advance payment guarantee may be reduced in proportion to such payment;
Domestic
Plant and Equipment Supplied from within the Employer’s Country including shipping
[...] percent (…%) of the value of work items specified in the Price Schedule to be paid upon
certificates of delivery of equipment at construction site. The bank guarantee for advance payment
shall be reduced in proportion to payment concerned;
The cost of construction, installation and other services within the scope of work
Each month, [...] percent (...%) of the value of work completed will be paid upon the certificates of
completion issued by the Employer. The bank guarantee for advance payment shall be reduced in
proportion to payment concerned;
2.2 Payment of unit rate contract (if applicable)
(Note: this provision applies in cases where a contract has a part of the application of the type of
contract under "fixed unit" or " adjustment unit price”. In case of adjustment, the contract will specify
the formula to calculate the unit price at each time of payment)
Value of work [......] specified in Annex [Price Schedule] of the Contract containing estimated quantity
and stating [fixed unit price or formula of unit price adjustment].
[...] [...] percent (...%) of the value of the work accomplished by the method of assessment specified in
this Agreement will be paid when the Contractor submitted request for payment in installments
including together with the proof of payment include:
(a) A (01) original and two (02) copies of certificate of completion work;
(b) One (01) original and two (02) copies of the invoices signed by the Contractor.
The bank guarantee for advance payment shall be reduced in proportion to payment concerned;
Certificate of completion work for part of the work carried out according to the unit will include the
following:
The quantity of completed works is determined by the method of [...]submitted by the contractor
monthly.
The value of completed works is determined by applying a fixed unit price stated in the Contract and
the above method to determine the work quantity.
3. Payment of amounts retained
a) [...] percent ([...]%) of the Contract Price will be paid when the Contractor submitted the Taking
Over Certificate issued by the Employer.
(b) [...] percent ([...]%) of the Contract Price will be paid when the Contractor submitted the
Completion Certificate issued by the Employer .
III. Payment procedures
Procedures for submitting Certificates for payment request as specified below:
a) Within [...] days from the effective date of the Contract, the Contractor will prepare a Payment
Schedule, including a Bill of Quantities. Quarterly or biannually, the Contractor will update this
Payment Schedule hereafter.
b) The Contractor shall submit a request for payment as defined in this Annex and GCC Article [...],
according to the form agreed by both parties in the meeting of project initiation.
c) The Employer shall pay to the Contractor within [...] days from the date of receipt of full valid
payment vouchers for the proposal for advance payment or request payment in installments for the
agreed payments.
After receiving the investor's proposal for the payments that have not been mutually agreed, the
Contractor, within a reasonable period of time, shall reintroduce the corresponding payment proposal.
The Employer shall consider this proposal within [...] days from the date of receipt.
d) Finalization
When submitting the last request for payment, the Contractor shall attach to a request for finalization
in writing, clearly stating the final payment request representing payments for contract finalization,
including:
- The remaining amount held by the Employer from the Contractor under this Contract;
- The breach of contract penalties;
- The penalties for civil liability violation;
- The reimbursement prescribed; and
- Other legal expenses.
Stating that the finalization shall be effective when the Contractor has received the Performance
Guarantee and remaining difference amounts.
e) The payments not including in the Contract Price will be made as follows:
- Payment for damages as set out in GCC Article [...] [Performance Guarantee] in the currencies and
rates mentioned in this Article;
- Other payments paid by the Contractor for the Employer in the currency agreed by the parties or that
paid by the Employer for that work item;
- If the value of the payment made by the Contractor for the Employer with a specific currency exceeds
the value that the Employer paid to the Contractor by the type of currency, the Employer will receive
the difference from other funds that the Employer must pay to the Contractor by another kind of
currency.
g) Other conditions of this Agreement will apply unless otherwise specified in the Annex.
Summary table below can be used to describe the Progress of the Regular Payment for the Fixed-
price contract:
Milestones % % Accrual Description

Advance

...% To be reduced When the Contractor submits bank guarantee for

upon each advance payment and Performance Security
payment period

Payment in installments

(i) Payment of imported supplies and equipment

...% ...% When the Contractors submits shipping

documents for imported supplies and equipment

...% ...% Upon delivery to the site

(ii) Payment of domestic supplies and equipment

...% ...% Upon delivery to the site

(iii) Payment of construction, installation and other services

...% ...% Upon certificates of completion of construction,

installation and other services

Withhold payment

...% ...% When the Contractor files a Taking Over

Certificate

...% 100% When the Contractor submit a Completion

Certificate

Appendix 1.3
MANAGEMENT OF TAXES, FEES, AND CHARGES
The Contractor and its subcontractors shall bear and pay all taxes, fees and charges in connection
with the execution of Contract in accordance with Vietnamese laws.
1. Taxes, fees and charges outside Vietnam’s territory
The Contractor shall bear and pay all taxes, fees and charges incurring outside Vietnam’s territory at
its expenses. The aforesaid taxes, fees and charges are included in the Contract Price.
2. Taxes, fees and charges inside Vietnam’s territory
2.1. VAT and corporate income tax (CIT)
Tax liabilities, tax accounting methods and payment of VAT, CIT shall be carried out in accordance with
relevant law provisions.
The Contractor must make tax registration, file tax return and remit payment as prescribed. Valid VAT
invoices issued by the Contractor must be made in accordance with regulations of Vietnamese law in
force for the purpose of payment.
- CIT
The Contractor must pay CIT and may be refunded by the Employer within […] days upon receipt of
tax receipt and payment order of the Contractor thereafter.
However, the Contractor must bear and pay CIT incurred by domestic subcontractors that it directly
employs as well as indirect suppliers.
- VAT
VAT invoices shall be issued upon the payment order according to the Contract.
The Employer must make payment of VAT and other payments prescribed in Appendix 1.2 - Terms
and Procedures of Payment for the Contractor.
2.2. Personal Income Tax (PIT)
The Contractor shall bear and pay PIT incurred by its personnel. The aforesaid tax is included in the
Contract Price.
2.3. Import duties/customs clearance fees and charges and import-related VAT
The Contractor shall, with the support of the Employer, follow necessary procedures for import duty
exemption and customs clearance in accordance with regulations of Government of Vietnam and
competent authorities.
The Contractor shall bear and pay all kinds of taxes on the goods imported even though similar those
are possibly produced in Vietnam according the list of those goods published by regulatory agencies.
- Duties on imported equipment
The Contractor must pay all kinds of duties on imported equipment in advance, and be refunded within
[…] days by the Employer thereafter upon receipt of tax receipts and payment order and other
documents below:
(i) 01 original and 02 copies of customs declaration;
(ii) 01 original and 02 copies of certifications of customs declaration;
(iii) Declarations of taxes/duties on each imported equipment
- Taxes/duties on imported supply and temporarily imported goods
The Contractor shall bear and pay all kind of taxes/duties on imported supply and temporarily imported
goods in accordance with regulations of law in force of tax authorities.
2.4 Other taxes, fees, and charges
The Contractor shall also bear and pay all of other taxes, fees, and charges (if applicable), in
connection with the Contract performed in Vietnam. The aforesaid taxes, fees and charges are
included in the Contract Price.
3. Compliance with regulations on taxation
Contractor and foreign sub-contractors shall fulfill tax liabilities in accordance with regulations in force.

Appendix 1.4
FUNCTIONAL GUARANTEES
General
This Appendix sets out:
(a) The functional guarantees and the minimum level thereof referred to in GCC Article […];
(b) The Contractor’s commitment and preconditions to the validity of the functional guarantees [either
in production and/or consumption] set forth below;
(c) the formula for calculation of liquidated damages for failure to attain the functional guarantees.
1. Preconditions
The Contractor shall give the functional guarantees (specified herein) for the facilities, subject to the
following preconditions being fully satisfied:
- Conditions at Construction Sites (compared with design conditions) specified in Schedule __;
- Operation conditions specified in Schedule__;
- Fuel types specified in Schedule ___;
- Adjustment curve specified in Schedule__;
- Applicable criteria and regulations approved;
- Other conditions (should be clearly stated).
[Notes: List all conditions to be satisfied for the purpose of carrying out the "Guarantee test” as
provided in GCC Article […]2. Performance guarantees
According to the observance of preconditions, the Contractor shall guarantee as follows:
Item Description Performance Notes
No. guarantee

System/plant

Major equipment

2
[Notes: The description must be accurate and consistent to avoid misunderstanding for being used in
the Contract. The above Schedule may be replaced with other texts to indicate the Employer’s request
for guarantee (the Investor and the Contractor shall reach a consensus thereafter)]
The Form No. 3 shall be used.
3. Power plants
[Notes: With regard to a power plant, the Contractor may be bound, in some methods, to perform the
Facilities in the perspective of the entire system or particular equipment/parts, with due account for
fuel production and consumption].
According to the preconditions, the Contractor shall guarantee as follows:
Item Description Performance guarantee Notes
No.

For system/plant

1 Capacity (kW) [and/or capacity

only]

2 Heat consumption rate ((kJ/kWh)

For major equipment

1 Boiler Efficiency % (HHV)

2 Capacity of steam turbines (kW)

3 Heat consumption rate of steam turbines

(kJ/kWh)

4 Transformer losses in the generator (kW)

5 Auxiliary power consumption (kW) [excluding

transformer losses
and auxiliary loads]

6 Gas emissions (mg/Nm3) [Maximum

emissions]

7 Noise emissions dB(A) [Sound pressure

level]

8 Emissions [Emissions of
pollutants]
4. Failure to meet the Performance Guarantees
4.1. Non-responsiveness of guarantee output
If the output of the Facilities during test run, in accordance with Article [...], is lower than the
guaranteed value as stated in paragraph 3.1 above, but not less than the minimum value in paragraph
4.3 below, and the Contractor choose to incur a penalty instead of adjusting systems and equipment to
achieve such functional guarantees referred to in Article [...], the Contractor shall incur a penalty of
___for each 1% of deficiency, or a penalty amount corresponding reduction rate for any deficiency
lower than 1%.
4.2 Consumption of direct material and fuel exceeding amount guaranteed
If the actual measurement value of the direct material and fuel consumption for one unit (or average
consumption expenses) during test run, in accordance with Article [...] exceeds the guarantee but not
higher than the maximum value in paragraph 4.3 below, and the Contractor choose to incur a penalty
instead of adjusting systems and equipment as specified in Article [...], the Contractors shall incur a
penalty of ___ [in the currency of the Contract] for each 1% of the consumption excess, or a penalty
amount in proportion to the excess rate, if the excess has not reached 1%.
4.3 Minimum Value
If after the test, the results showed that the Contractor does not attain the minimum functional
guarantees (and consumption) hereinafter, the Contractor shall remedy deficiencies at its expenses
until the Facilities attains the minimum functional guarantees in accordance with Article [...]
(a) The output of the work achieving during the test: 95% of the guaranteed output (the value offered
in the Contractor's Bid indicates 100%).
and/or
(b) The total cost of the average consumption of all kinds of direct materials and fuel: 105% of
guarantees (the value offered in the Contractor's bid indicates 100%).
4.4 Limitation of legal liability
Pursuant to Section 4.3 above, the Contractor shall be responsible and liable for penalties due to
failure to meet the functional guarantees but not beyond (...%) of the total contract value. (This value is
usually 100% of the contract value).

Chapter XI
CONTRACT FORMS
Form No. 26
LETTER OF ACCEPTANCE AND NOTIFICATION OF AWARD
[Location and date]___________________
To: ______[insert name and address of the successful Bidder, hereinafter referred to as “the
Contractor”]
Re: Letter of Acceptance and Notification of Award.

Pursuant to Decision No._____ dated _________of the Investor [insert the Investor’s name],
(hereinafter referred to as “the Investor”] in terms of approval for result of selection of contractor for
________[insert name of package], the Employer notifies you that the Investor has accepted your Bid
and award the contract for execution of the [name and number of package] with the contract price of
___[insert successful bid price specified in the decision on approval for results of bidder selection] with
the contract duration of ____[insert the contract duration].
Request the legal representative of the Contractor to enter into the Contract with the Investor,
Employer according to the following plan:
- Contract finalization time: _________, in/at __________;
- Contract conclusion time: ________in/at_________, enclosed with the Contract Agreement Draft.
Request the Contractor to carry out the Performance Security as prescribed in form No. 28 of Chapter
XI - Contract Forms included in the Bidding Documents with an amount of _______and validity period
of _____________[as specified in SCC Section 6.1 of the Bidding Documents].
This Notification is an integral part of the Contract. Upon the receipt of this Notification, the Contractor
must send us a Notification of acceptance of the Contract completion and carry out the Performance
Security as required at the current capacity of the Supplier as specified in the Bidding Documents. The
Investor shall reject the Contract conclusion with the Contractor if the capacity of the Contractor fails to
satisfy the requirements of the package.
If the Contractor fails to conclude or refuse to conclude the Contract or carry out the Performance
Security in conformity with the above requirements [according to scope and nature of the package to
stipulate deadline for Performance Security, contract finalization and conclusion not later than 28
days, from the date of letter of acceptance and notification of award], the Contractor shall be rejected
and returned the bid security.

Legal representative of Employer

[Full name, position, signature and seal]

Attachments: Contract Agreement Draft

Form No. 27
CONTRACT AGREEMENT

THIS AGREEMENT made on ____________________[date]

Between
(1) [Investor], a corporation incorporated under the laws of […] And having its headquarters at […]
(hereinafter referred to as the Investor)
and
(2) [the Contractor], a corporation incorporated under the laws of […] And having its headquarters at
[…] (hereinafter referred to as the Contractor)
WHEREAS the Investor desires to engage the Contractor to design, manufacture, procure, deliver,
guarantee at construction site, construct, install, test, complete, take over, and provide defect liability
period for Facilities/supply and equipment for the [project] as specified in the Contract Documents and
other documents (hereinafter referred to as Facilities) according to the EPC contract and the
Contractor have agreed to such engagement upon and subject to the terms and conditions hereinafter
appearing.
Now we hereby agree as follows:
Article 1 1.1. Contract Documents (GCC Article […] )
Contract The following documents shall constitute the Contract between the Investor
Documents and the Contractor, and each shall be read and construed as an integral part of
the Contract.
(a) This Contract Agreement and the Appendices hereto;
(b) Contract Finalization Record;
(c) Special Conditions of Contract;
(d) General Conditions of Contract;
(dd) Letter of Acceptance and Notification of Award;
(e) Bidding Documents;
(g) Bid;
(h) [Any other documents, if any].
1.2. Order of Precedence (GCC Article […])In the event of any ambiguity or
conflict between the Contract Documents listed above, the order of
precedence shall be the order in which the Contract Documents are listed in
Article 1.1 (Contract Documents) above.
1.3. Definitions (GCC Article […])Capitalized words and phrases used herein
shall have the same meanings as are ascribed to them in the GCC[…].

Article 2 2.1. Contract Price (GCC Article […] )

Contract Price and The Investor hereby agrees to pay to the Contractor the Contract Price in
Terms of Payment consideration of the performance by the Contractor of its obligations
hereunder. The Contract Price shall be the aggregate of __ [amounts of foreign
currency in words], [amounts of foreign currency in figures], [amounts of local
currency in words], [amounts of local currency in figures] or such other sums
 as may be determined in accordance with the terms and conditions of the
Contract.
2.2. Terms of Payment (GCC Article [..])The terms and procedures of payment
according to the enclosed Appendix (refer to the example in Appendix 1.2 of
Appendix 1 of the Bidding Documents).

Article 3 Effective Date (GCC Article […] The Effective Date upon which the period until
the Time for Completion of the Facilities shall be counted from is the date when
Effective Date
all of the following conditions have been fulfilled:
(a) This Contract Agreement has been duly concluded between the Investor
and the Contractor;
(b) The Contractor has been submitted the Performance Security and Bank
guarantee for advance payment in accordance with the Contract; and
(c) [Any of other conditions, if any]
Each party shall use its best efforts to fulfill the above conditions for which it is
responsible as soon as practicable.

Article 4 4.1. The address of the Investor for notice purposes, pursuant to GCC Article
[…] is ___ [the Investor’s address]4.2. The address of the Contractor for notice
Communications
purposes, pursuant to GCC Article […] is ___ [the Contractor’s address]

Article 5 5.1. The Appendices listed in the attached List of Appendices shall be deemed
to form any integral part of this Contract Agreement.
Appendices
5.2. Reference in the Contract to any Appendix shall mean the Appendices
attached hereto, and the Contract shall be read and construed accordingly.
In witness whereof the Investor and the Contractor have caused this Agreement to be duly executed
by their duly authorized representatives:

Signed by, for and on behalf of the Investor

[Signature]
[Title]

Signed by, for and on behalf of the Contractor

[Signature]
[Title]

Form No. 28
(1)
PERFORMANCE SECURITY
[Location and date]___________________
To: _______________ [insert the Investor’s name]
(hereinafter referred to as the Investor)
At the request of the Contractor [insert name of Contractor] (hereinafter referred to as Contractor) has
been the successful Bidder of the package _____[the package’s name] and commit to enter into
contract of construction for the aforesaid package (hereinafter referred to as contract); (2)
According to the Bidding Documents (or contract), the Contractor must give a Performance Guarantee
issued by a bank with a given amount to ensure the their duties and obligations in the performance of
the contract;
We, _____[insert name of the bank], locates in _______[insert name of country or territory], have
registered headquarters at _________[the bank’s address(3)] (hereinafter referred to as “Bank”), to
undertake to guarantee the performance of the contract by the Contractor with an amount of
________[insert equivalent value in number, in words and currency as specified in SCC Article […].
We hereby unconditionally and irrevocably under take to pay you any sum(s) not exceeding
___________[insert amount(s) in figures and words] upon receipt by us of your first demand in writing
declaring the Investor to be in default within the valid term of the performance security.
This guarantee comes into effect from the issue date until ____________[date] (4)

Legal representative of Bank

[Full name, position, signature and seal]
Notes:
(1) Only applicable if the performance security is issued by a bank or a financial institution.
(2) If the bank (guarantor) requests the signed Contract before issuing the Performance Security, the
Employer shall notify the Investor. In this case, the corresponding paragraph may be corrected as
follows:
At the request of the Contractor [insert name of Contractor] (hereinafter referred to as Contractor) that
has been the successful Bidder of the package _____[the package’s name] and commit to enter into
contract No. [insert contract’ number] dated____________(hereinafter referred to as Contract)."
(3) Address of bank: specifying address, phone number, fax, email address.
(4) Time limit in conformity with SCC Article […].
Form No. 29
(1)
BANK GUARANTEE FOR ADVANCE PAYMENT
[Location and date]_______________
To: _______________ [insert the Investor’s name]
(hereinafter referred to as the Investor)
[The name and number of the Contract Agreement]
According to conditions of SCC in the Contract, ___________[insert name and address of the
Contractor] (hereinafter referred to as the Contractor] is required a Bank Guarantee for advance
payment to ensure the proper use of an advance of _________ [insert amount(s) in figures and
numbers and currency) by the Contractor;
We, _____[insert name of the bank], locates in _______[insert name of country or territory], have
registered headquarters at _________[the bank’s address](2) (hereinafter referred to as “Bank”), at
the request of the Investor, hereby unconditionally and irrevocably to pay you any sum or sums not
exceeding in total an amount of ________[insert amount(s) in figures and words as specified in GCC
and SCC Article […].In addition, we hereby agree that any change, supplement or adjustment to the
conditions of the Contract or any relevant document entered into between the Contractor and the
Investor shall not change any our duty or obligation under this guarantee.
The value of this guarantee shall gradually decrease in proportion to the advance that the Investor
recovers through payment periods prescribed in GCC and SCC Article […] of the Contract together
with the certification of advance recovery issued by the Investor.
This Guarantee shall remain valid and in full effect from the date of the advance payment received by
the Contractor under the Contract until ______[insert date] (3) or upon the full recovery of the advance,
whichever is sooner.

Legal representative of Bank

[Full name, position, signature and seal]
Notes:
(1) According to specific requirements of the package and in accordance with GCC and SCC Article
[…].
(2) Address of bank: specifying address, phone number, fax, email address.
(3) Prescribed date in GCC and SCC Article […]
Form No. 30
OPERATIONAL ACCEPTANCE CERTIFICATE
 Date:________ ________________
Invitation to Bid No.: ________________

[Contract’s name]
To: [Contractor’s name and address]

Pursuant to the Contract being entered into between yourselves and the Employer dated […], relating
to the [brief description of the Facilities], we hereby notify you that the Functional Guarantees of the
following parts/Facilities were satisfactorily attained on the date specified below:
1. Description of Facilities or parts thereof: [description]
2. Date of Taking Over: [ ]

This letter does not relieve you of obligation to complete the execution of the Facilities in accordance
with the Contract nor of your obligations during the Defect Liability Period.
Sincerely,

_______________________________________________
Position
(Project manager)

Form No. 31
COMPLETION CERTIFICATE
Date:________ ______________
Invitation to Bid No.: ______________

[Contract’s name]
To: [Contractor’s name and address]

Pursuant to the Contract entered into between yourselves and the Employer dated […], relating to the
[brief description of the Facilities], we hereby notify you that the Facilities was (were) complete on the
date specified below, and that, in accordance with the terms of the Contract, The Employer hereby
take over the said part(s) of the Facilities, together with the responsibility for care and custody and the
risk of loss thereof on the date mentioned below.
1. Description of the Facilities or part(s) thereof: [description]
2. Date of completion: [ ]
However, you are required to complete the outstanding items listed in the attachment hereto as soon
as practicable.
This letter does not relieve you of your obligations to complete the execution of the Facilities in
accordance with the Contract or nor of your obligations during the Defect Liability Period.
Sincerely,

_____________________________________________________
Position
(Project manager)

Form No. 32
CHANGE ORDERS
 Date:________ _________________
Invitation to Bid No.: _________________
DESCRIPTION

1. General
2. Change Order Log
3. References for Changes

APPENDICES
- Request for Change (Form No. 33)
- Proposal for Change (Form No. 34)
- Estimate for Change Proposal (Form No. 35)
- Acceptance of Estimate (Form No. 36)
- Change Order(Form No. 37)
- Contract Appendix of Change (Form No. 38)

Change Orders
1. General
This Section provides samples of procedures and forms for implementing changes in the Facilities
during the performance of the Contract in accordance with the Contract.
Procedures for implementing changes in the Facilities shall be followed in 5 steps below:
Step 1: The Employer issues a Request for Change using Form No. 33.
Step 2: The Contractor makes a Proposal for Change according to the above Request for Change
using Form No. 34;
Step 3: The Contractor makes an Estimate for Change Proposal using Form No. 35;
Step 4: The Employer makes an Acceptance of Estimate using Form No. 36;
Step 5:
a) If the parts of Facilities to be changed has basis rates or price adjustments specified in the GCC:
The Employer shall issue a document approving the Change Order for the work specified in the
Change Proposal of the Contractor (Form No. 37);
b) If additional parts of Facilities have no basis rates or price adjustments specified in the GCC, they
shall negotiate and reach a consensus on the Change. The Change must be made with the consent of
both parties in the form of Contract Appendix and in accordance with regulations of law (Form No. 38).
2. Change Order Log
The Contract shall keep an up-to-date Change Order Log to show the current status of Requests for
Change, and authorization of parties, as specified in the Appendix. Entries of the Changes in the
Change Order Log shall be made to ensure that the log is up-to-date. The Contractor shall attach a
copy of the current Change Order Log in the monthly progress report to be submitted to the Employer.
3. References for Changes

Form No. 33
Request for Change Proposal Form
(Employer’s Letterhead)

To: [Contractor’s name and address]

Recipient: [Name and title]
Contract’s name: [Contract’s name]
Contract number: [Contract number]

With reference to the captioned Contract, you are request to prepare and submit a Change Proposal
noted below in accordance with the following instructions within […] days of the date of this letter [or
on (date)].
1. Title of Change: [ ]
2. Change Request No./Rev.: [ ]
3. Brief Description of Change: [description]
4. Facilities and/or Item No. of equipment related the requested Change:
5. Reference drawings and/or technical documents:
Drawing No./Document No. Description

6. Detailed conditions and special requirements on the requested Change: [description]

7. General Terms and Conditions:
(a) Please submit your estimate of increase/decrease to the Contract Price (if any) resulting from the
requested Change.
(b) Your estimate shall include your claim for additional time (if any) for completion of the request
Change.
(c) If you have any critical opinion regarding the adoption of the request Change in connection with the
conformability to the other provisions of the Contract or the safety of the Facilities, please inform us of
your opinion in your proposal of revised provisions.
(d) Any increase or decrease in the work of the Contractor related to the services of its personnel shall
be calculated.
(e) You shall not proceed with the execution of the work for the request Change until we have
accepted and confirmed the amount and nature in writing.

Legal representative of Employer

[Full name, position, signature and seal]

Form No. 34
Change Proposal Form
(The Contractor’s Letterhead)

To: [Employer’s name and address]

Contract’s name: [Contract’s name]
Contract number: [Contract number]

In response to your Request for Change Proposal No. [ ], we hereby submit our proposal as follows:
1. Title of Change: [name]
2. Change Proposal No./Rev.: [Reference number of this Proposal]
3. Brief Description of Change: [description]
4. Reasons for Change: [Reason]
5. Facilities and/or Item No. of equipment related the requested Change: [ ]
6. Reference drawings and/or technical documents for the request Change:

Drawing No./Document No. Description

7. Estimate of increase/decrease to the Contract Price resulting from the Change Proposal:
(Amount)

(a) Direct material __________________

(b) Major construction equipment __________________

(c) Direct field labor (Total hours __) __________________

(d) Subcontracts __________________

Indirect material and labor __________________

(f) Site supervision __________________

(g) Head office technical staff salaries
Process engineer ____hour______rate/hr
______________________

Project engineer ____hour______rate/hr

______________________

Equipment engineer ____hour______rate/hr

______________________

Procurement ____hour______rate/hr
______________________

Drafts person ____hour______rate/hr

______________________

Total _____hrs
______________________
(h) Extraordinary costs (computer, travel, etc.) _____________
(i) Fee for general administration, ___% of Items _____________
(j) Taxes and customs duties _______________
Total lump sum cost of Change Proposal

[Sum of items (a) to (j)]

9. Additional time for Completion due to Change Order

10. Effect on Functional Guarantees
11. Effect on the other terms and conditions of the Contract
12. Validity of this Proposal: within [ ] days after receipt of this Proposal by the Employer
13. Other terms and conditions:
(a) You are requested to notify us of your acceptance, comments or rejections of this detailed Change
Proposal within [ ] days from your receipt of this Proposal.
(b) The amount of any increase and/or decrease shall be taken into account in the

Legal representative of bidder

[Full name, position, signature and seal]

Form No. 35
 Estimate for Change Proposal Form

(The Contractor’s Letterhead)

To: [Employer’s name and address] Date:________ _____________

Recipient: [Name and title]

Contract’s name: [Contract’s name]

Contract number: [Contract number]

With reference to your Request for Change Proposal as well as terms and conditions of the Contract,
we are pleased to notify you of the approximate cost of preparing the below-referenced Change
Proposal.

1. Title of Change: [name]

2. Change Proposal No./Rev.: [Reference number of this Proposal]
3. Brief Description of Change: [description]
4. Cost for Preparation of Change Proposal: [ ]

Legal representative of Employer

[Full name, position, signature and seal]

Form No. 36
Acceptance of Estimate Form
(Employer’s Letterhead)

To: [Contractor’s name and address] Date:________ _____________

Contract’s name: [Contract’s name]
Contract number: [Contract number]

We hereby accept your Estimate for Change Proposal and agree that you should proceed

1. Title of Change: [name]

2. Change Proposal No./Rev.: [Reference number of this Proposal]

3. Estimate for Change Proposal attached with Letter No.: [ ]

4. Estimate amount: [ ]

5. Brief Description of Change: [description]

Legal representative of Employer

[Full name, position, signature and seal]
 Form No. 37
Change Order Form
(Employer’s Letterhead)
Date:_______________

To: [Contractor’s name and address]

Contract’s name: [Contract’s name]
Contract number: [Contract number]
We approve the Change Order for the work specified in the Change Proposal
1. Title of Change: [ ]

2. Change Request No.: [ ]

3. Change Order No./Rev.: [ ]

4. Authorized Price:

Ref. No.: [number] Date:________ [date]

Foreign currency portion [value] plus Local currency portion [Amount]

5. Adjustment of Time for Completion:

None Increase [ ] days Decrease [ ] days

6. Other effects, if any

Employer: ___________________________

Form No. 38
Contract Appendix on Change
Date:________ _____________
Contract’s name: [Contract’s name]
Contract number: [Contract number]
Contract Appendix No.:

We are:

Employer:

Contractor:

We reach a consensus on the Change Order for the work specified in the Change Proposal and agree
to adjust the Contract Price, Time for Completion and/or other conditions of the

1. Title of Change: [ ]
2. Change Request No.: [ ]

3. Change Order No./Rev.: [ ]

4. Authorized Price:

Ref. No.: [number] Date:________ [date]

Foreign currency portion [value] plus Local currency portion [Amount]

5. Adjustment of Time for Completion:

None Increase [ ] days Decrease [ ] days

6. Other effects, if any

_______________ [insert the Investor’s name]

Contractor’s name:__________

Form No. 39
Form No. 39. Specific Time Schedule

Generally, the Employer will make a request for Time Schedule to be followed by the Bidder during
Contract Performance. Time Schedule is a part of the "Employer’s Requirements" in this Appendix.
All completion milestones shall be inserted in accordance with the information concerning the Time for
Completion specified in "Employer’s Requirements". Except for particular circumstances, the Time
Schedule should indicate periods of time (e.g. weeks or months) and not specify calendar dates. All
periods should be shown from the Effective Date of the Contract.
Before signing Contract Agreement, if it is necessary to amend the Time Schedule before negotiation
with the Contractor, the amended Time Schedule will replace the original.
If the Time Schedule is not specified in “Employer’s Requirements”, the Bidder shall submit with its Bid
a detailed program, normally in the form of bar chart, showing how and the order in which it intends to
perform the Contract and showing the key events requiring action or decision by the Employer. In
preparing this program, the Bidder shall adhere to the Time(s) for Completion given in the “Employer’s
Requirements” or give its reasons for not adhering thereto. The Time Schedule submitted by the
selected Bidder and amended as necessary shall be included as Appendix to the Contract Agreement
before the Contract is signed.
[The following contents show the different levels of the Time Schedule submitted by the Bidder during
the performance of the Contract (if the Employer had requested). In any case, the Time Schedule
level 1 must be specified in the Annex. Forms will be decided by the Employer.]
Time Schedule Level 1. Major works in the engineering, procurement, manufacturing, installation,
testing and acceptance should be indicated. In addition, the Time Schedule must identify development
milestones taking commitments in terms of contractual obligations.
Time Schedule Level 2. To be structured in the manner as conformable with the Detailed Work
Schedule. The level of detail should be achieved so as to all of the elements in the Technical
Specifications of the project can be monitored compared to the basis progress of the Contract. Typical
work activities should include but not limited to the following:
- Major milestones
- Connection time
- Subcontractor plan
- Submission of documents (quality assessment plan, training guideline documents)
- Engineering initiation (input parameters for detailed engineering, drawings for the construction work)
- Procurement (to be made for major equipment)
- Manufacturing
- Testing
- Delivery
- (ready to launch, reliable operation, guarantee test), etc.
Time Schedule level 3. The Bidder must submit the Time Schedule level 3 within 6 months from the
Effective Date of the Contract. The Time Schedule Level 3 needs to be structured so that the
information can run compatible with the Time Schedule Level 2. Most of the work activities in the Time
Schedule level 3 should not exceed one month compared with the Time Schedule Level 2.
Time Schedule Level 4. A Time Schedule for consecutive 2 weeks shall be published weekly with
respect to construction, acceptance and the major tasks during the engineering and procurement of
work. Originally scheduled time of each work activity should not exceed 7 days. Professional human
resources and equipment requirements with a table comparing the expected progress and actual
progress needs to be clear. Determine delayed segments incurred in the previous week and the
forecast completion date for each activity. The basic information of following 2 works is expected to
run compatibly with the Time Schedule Level 3.

Form No. 40
LIST OF DOCUMENTS FOR APPROVAL OR REVIEW

Pursuant to GCC Article […], the Contractor shall prepare, or cause its Subcontractor to prepare, and
present to the Project Manager in accordance with the requirements of GCC Article […], the following
documents for requirements prescribed in GCC Article […] and relevant provisions for approval or
review by the Employer.
The example hereunder, which is editable, is subject to the Employer's decision and consensus
between parties.
Type and
Description Duration(2) Purpose(3)
quantity(1)

1. Applicable criteria and regulations ...P/...E 1 month A

According to time
2. Machinery ground layout diagram ...P/...E schedule for submission A
of Bidder’s documents

3. Time schedule for submission of 2 months and every

...P/...E A
Bidder’s documents month

4. Documents, drawings, specifications According to time

on items of electromechanical ...P/...E schedule for submission A
equipment of Bidder’s documents

According to time
5. Documents, drawings, specifications
...P/...E schedule for submission A
in construction phase
of Bidder’s document

6. Documents, drawings, specifications

for construction sites and temporary ...P/...E 3 months A
works

Upon Employer’s
7. Approved drawings ...P/...R/...E A
approval

For taking over

8. As-built drawings ...P/...R/...E A
(provisional acceptance)

9. Critical Path Method and Bar Chart ...P/...E 2 months A

10. Quality control plan ...P/...E 3 months I

11. Quality management processes ...P/...E 3 months I

12. General inspection test plan ...P/...E 6 months A

...P/...E 3 months before the test

and according to time
13. Detailed inspection test plan A
schedule for submission
of Bidder’s document

14. Taking over progress and procedure ...P/...E 5 months before test A

15. Test result report ...P/...E After test I

16. Test procedure upon completion ...P/...E

5 months before test A
(including adjustment curves)

17. Interpret test results upon ...P/...E

After test I
completion

18. Reliable operating report ...P/...E 2 weeks after test A

19. Preliminary Guarantee test report ...P/...E 2 weeks after test A

20. Final Guarantee test report ...P/...E 60 weeks after test A

21. Site safety management plan ...P/...E 2 months A

22. Execution environment management ...P/...E 2 months A

23. Procedures on site ...P/...E 3 months A

1 month before being

24. Licensing system (draft) ...P/...E A
applied

25. Training progress, program and

...P/...E 5 months before training A
subjects

3 months before being

26. Detailed training subjects ...P/...E A
applied

Within 4 months and

according to time
27. Project technical standards ...P/...E A
schedule for submission
of Bidder’s documents

28. Inauguration and maintenance 12 months before taking

...P/...E I
manual - draft over

29. Inauguration and maintenance

...P/...E Before reliable operation I
manual - final

According to time
30. List of subcontracts and orders ...P/...E schedule for submission I
of Bidder’s document

According to time
31. Subcontractor qualification
...P/...E schedule for submission A
documents
of Bidder’s document

1 months and every

32. Connection progress ...P/...E I
month

33. Work schedule ...P/...E 2 months A

34. Monthly progress report ...P/...E Every month I

35. On-site progress summary (weekly

...P/...E Every week I
progress report)

Every month and for

36. Images (in set) ...P/...E taking over (provisional I
acceptance)

37. Construction procedures ...P/...E 3 months A

38. Head office area of Contractor
...P/...E 2 months A
(location only)

39. Site office (direct material progress

...P/...E 1 month I
and drawings)

2 months after the list of

40. Sets of criteria and regulations ...P/...E criteria and regulations I
being approved

41. Performance chart of Contractor ...P/...E 1 month I

42. Optimization of coolant system

...P/...E 12 months A
report

43. Quarterly environmental monitoring

...P/...E Every quarter I
report
Notes:
(1) P = original (physical); R = copy (reproduced), E = electronic (electronic); quantity means the
necessary quantity of each document.
(2): A month will begin from the effective date of the Contract;
The Parties reach a consensus that the said time schedule for submission of documents shall be
completed in a meeting.
(3): A = for approval/review/suggestion; I – for information exchange/reference.

Form No. 41
LIST OF SUBCONTRACTORS
No. Item Subcontractor’s name Nationality Notes

Major equipment

Other equipment

Construction

2
Installation

Other

1 Design

2 Insurance

3 Transportation

4 Other

Notes:
1. “Major equipment” is determined according to the typical characteristics of each project and subject
to the request of the Employer.
2. “Construction” includes suppliers of building materials, construction contractors(subcontractors).

APPENDIX 2
EXAMPLE AND GUIDELINES FOR BIDDING DOCUMENTS
(Detailed Evaluation, Bill of Quantities and Technical Specifications)

Example 1. Technically Criteria Evaluation

(using Weighted Scoring Method)
No. Criteria Specific Maximu
requirem m score
ents

I Technical consultancy and project management: (E) 10

1 Labor: 4
- Number of specialists: 1
o (more than...)
 o less than
- Organizational chart and number of specialists to be employed as 2
required by the package
o Highly responsive
o
- Evaluation of specialists:
1
o Project manager
o Eligible engineers
o…

2 Experience in technical consultancy and project management: 6

- Number of projects comprising design (engineering or drawings 2
design) or construction supervision consultants
o Number of ordinary projects:
o Number of projects equivalent or more complicated.
- Number of projects acquiring EPC management or EPC general 3
contractor
o Number of ordinary projects :
o Number of projects equivalent or more complicated.
1
- Special requirements pertaining to design and management
software.

II Procurement (P) 30

1 Capacity of the Contractor for major equipment: For each

kind of
a. Producer A:
major
- Scale of plant(s) according to annual production capacity equipmen
equivalent or greater: t
- Production lines and major technology:
- Capacity and types of special equipment, in the production line,
testing:
b. Producer B:
…

2 Experience:
a. Producer A:
- Number of similar devices designed and produced put into
operation in the nearest 10 years:
b. Producer B:
…

3 Supply of major direct materials:

Declaring and proposing direct materials as required together with
commitments and confirmation from supplier:
- Only declaring without clarifying origin and technical specifications
of materials:
- Declaring clearly without confirmation from supplier:
- Fully declaring and confirming:

4 Major technical specifications:

 a. Equipment A:
- Mandatory technical specifications:
- Origin:
- Other specifications:
- If two of more than two manufacturers are proposed, only 3 best
manufacturers are chosen:
b. Equipment B:
…

III Construction (C) 60

1 Experience: 7
- Experience in similar package:

2 Common contract execution measures 10

- Organizational chart of EPC contractor.
- Site organization measures.

3 Key personnel on site: 10

- Site commander.
- Number of type A.
- Number of type B.
-…

4 Equipment: 8
- Type and quantity:
- Ownership, rental:

5 Quality supervision and management (measures, experiment 5

equipment, etc.):

6 Fire safety: 5

7 Construction progress including progress of engineering and 10

synchronized equipment as required by EPC:
- Detailed progress:
- Proven feasibility:
- Compared with progress required in the technical requirements:

IV Historical situation of the Bidder in the nearest 5 years -10 to +5

1 Tax liabilities and financial situation Specific

criteria
2 Pending litigation:

3 Previous Contract Fulfillment Records:

Total (maximum) 100

Example 2. Technically Criteria Evaluation on Pass/Fail Criteria

No. Criteria Required Notes
criterion

I Technical consultancy and project management (E) The

1 Labor: evaluation
is made
- Number of specialists:
according to
- Number of specialists to be employed as required by the package pass/fail
criteria and
- Evaluation of specialists: not included
o Project manager in Price
Adjustments
o Consultant 1
o…

2 Experience in technical consultancy and project management:

- Number of projects comprising design (engineering or drawings
design) or construction supervision consultants
o Number of ordinary projects:
o Number of projects equivalent or more complicated.
- Number of projects acquiring EPC management or EPC general
contractor
o General number:
o Number of projects equivalent or more complicated.
- Special requirements pertaining to design and management
software.

II Procurement (P)

1 Capacity of the Contractor for major equipment: For each

kind of
a. Producer A:
major
- Scale of plant(s) according to annual production capacity equipment
equivalent or greater:
- Production lines and major technology:
- Capacity and types of special equipment, in the production line,
testing:
b. Producer B:
…

2 Experience:
a. Producer A:
- Number of similar devices designed and produced put into
operation in the nearest 10 years:
b. Producer B:
…

3 Supply of major direct materials:

- Declaring and offering essential direct materials as required
together with commitments and confirmation from the supplier:
- Only declaring without clarifying origin and technical specifications
of materials:
- Declaring clearly without confirmation from supplier:
- Fully declaring and confirming:

4 Major technical specifications: This Section is

evaluated according to
a. Equipment A:
the criteria mentioned in
- Mandatory technical specifications: Technical Specifications.
 - Origin: The evaluation should
indicate the level of
- Other specifications:
responsiveness and
- If two of more than two manufacturers are proposed, only 3 best adjustment calculation if
manufacturers are chosen: any discrepancy occurs
leading price
b. Equipment B: adjustments.
…

III Construction (C)

1 Experience:
- Experience in similar package:

2 Common contract execution measures

- Organizational chart of EPC contractor.
- Site organization measures.

3 Key personnel on site:

- Site commander.
- Engineer A:
- Engineer B:
-…

4 Equipment: Adjustable in case of

additional rental of
- Type and quantity:
equipment
- Ownership, rental:

5 Quality supervision and control:

6 Fire safety:

7 Construction progress including progress of engineering and Adjustable according to

synchronized equipment as required by EPC: the progress fines
prescribed in Terms of
- Detailed progress:
Contract.
- Proven feasibility:
- Compared with progress required in the technical requirements:

IV Historical situation of the Bidder in the last 5 years

1 Tax liabilities and financial situation Specific

criteria
2 Pending litigation:

3 Previous Contract Fulfillment Records:

Example 3. CALCULATION OF FINES FOR EFFICIENCY AND LOSSES IN THERMAL POWER

PROJECTS
I. Basis quantities to be taken into account:
Tvh: Real-time operation of the plant in a year (hours h);
QB: Thermal energy produced by boilers during the combustion of fuel (coal) (J/h);
QT: Thermal energy supplied for turbine (J/h)
ηB: Steam Generator Efficiency ηB = QT/QB. Steam Generator Efficiency supplied by manufacturer;
HT: Turbine Heat Rate: value of Turbine Heat Rate supplied by turbine manufacturer; η T: Turbine
Efficiency. Turbine Efficiency is determined by the formula ηT = 3.598/HT;
Thermoelectric Technical Specifications has a corresponding list of basic concepts and methods of
calculation of the criteria as follows:
 Basic concept Symbol, formula

Plant load factor (PLF) Tpt= Tvh/ 8760

Nominal generating capacity of Unit of 100% and P100; P75 (kW)

75% of capacity (RO100; RO75)

Turbine Efficiency ηT (%)

Steam Generator Efficiency (SGE) ηB (%)

Plant Loss (PL) ∆Plant (%)

Automatic Coefficient Ktd (%)

Station Heat Rate (SHR) HT= 3,598 x 100/ ηT (kJ/kWh)

Plant Heat Rate HP = 3,598/[( ηB x 3,598/HT)x(1 - ∆Plant)x(1(kJ/

Fuel Unit Price Ufuel (USD/106kJ)

Energy produced by a thermoelectric generating W = 8760x P100(P75)xTpt (kWh)

station in 1 year

Fuel price of a thermoelectric generating station G = 8760x P100(P75)xTpt x Ufuel xHPx10-6(USD)

in 1 year
= WxUfuel xHPx10-6(USD)

Project life (n) 30 years

Interest rates payable annually (R) 10%

Discount Coefficient (CF) Kck= [(1+R)n-1]/ Rx(1+R)n

Annual weighted average capacity (energy) of PTtbgq = (3xP100 + P75)/4

turbine

Investment rate N (USD/kW)

Unit price of electricity for losses in the plant C = 0.06 USD/kWh

(automatic, MBA losses, ..)
II. Basic criteria and method for calculating fines and adjusting.
According to the above quantities, money of (losses) for the Functional Guarantees that are lower than
those required for the life of the project shall be calculated:
(i) Between the Bidding Documents and the Bid;
(ii) Between the Functional Guarantees in the Contract with the actual measured values when taking
over;
1. Value of fines for capacity of station: N (USD)/(kW) decreases:
Adjust according to investment rate of similar plants and multiply by the increase coefficient (if
compensated capacity is needed for shortage)
2. Value of fines for of weighted average heat rate of turbine: this value is calculated based on the
increase of fuel costs due to the increase of weighted average heat rate
U100 = 4.186 x8760xP100xTptx UfuelxKck xHP/HT (kcal/kUSD) = 4.186xG100xKck /HT
U75 = 4.186 x8760xP75xTptx UfuelxKck xHP/HT (kcal/kUSD) = 4.186xG75xKck /HT
UTtbgq = (3x U100 + U75)/4
3. Value of fines for steam generator efficiency: this value is calculated based on the increase of fuel
costs due to the decrease of steam generator efficiency.
VηB= GxKck/10xηB (USD/0,1%)
4. Value of fines for automatic-capacity losses, increase transformer losses: this value is calculated on
the basis of increased energy costs due to increased self-capacity and transformer losses.
Ztd= Cx8760xTptx Kck (USD/kW)
III. Calculation examples:
With a thermal power plant, two stations, each station with a capacity of 600.000kW with the following
parameters:
Definition Symbol, formula

Plant load factor (PLF) with Tpt = Tvh/ 8760 = 0.742 (74,2%)
Tvh= 6.500h

Nominal generating capacity of P100 = 600,000kW;

station of 100% and 75% of
P75 = 450,000kW
capacity (RO100; RO75)

Turbine Efficiency ηT100= 89%; ηT75= 88%

Steam Generator Efficiency (SGE) ηB100= 47%; ηB75= 46,5%

Plant Loss (PL) ∆Plant 100(75)(%) = 0.5%

Automatic coefficient Ktd100 (%) = 8%; Ktd75 (%) = 8.5%

Station Heat Rate (SHR) HT100 = 3,598 x 100/ηT100 (kJ/kWh)= 7,660kJ/kWh

HT75 = 3,598 x 100/ηT75 (kJ/kWh)= 7,742kJ/kWh

Plant Heat Rate HP100 = 3,598/[(ηB100 x 3,598/HT100)x(1 - ∆Plant)x(1 - Ktd100)]

= 9,455(kJ/kWh)
HP75 = 3,598/[(ηB75 x 3,598/HT75)x(1 - ∆Plant)x(1 - Ktd75)]
= 9,455(kJ/kWh)

Fuel Unit Price Ufuel (USD/106kJ)= 2,57USD/ 106kJ

Energy produced by a W = 8760x P100(P75)xTpt (kWh)=

thermoelectric generating station
in 1 year

Fuel price of a thermoelectric G = 8760x P100(P75)xTptx UfuelxHPx10-6(USD)

generating station in 1 year
= Wx UfuelxHPx10-6(USD) = 94,718,083 USD
(73,019,864 USD)

Project life (n) 30 years

Interest rates payable annually (R) 10%

Discount Coefficient (CF) Kck= [(1+R)n-1]/ Rx(1+R)n

Annual weighted average capacity PTtbgq= (3xP100 + P75)/4

(energy) of turbine

Investment rate N (USD/kW) = 1,200USD/kW

Unit price of electricity for losses in C = 0.06 USD/kWh

the plant (automatic, MBA
losses, ..)
Applying the formula in Section B above, we get:
(1) A fine for a decline in generating capacity compared to the guaranteed value of station N =
1,200USD / kW
(2) A fine for an increase in turbine heat rate compared to the guaranteed value
U100 = 4.186 x8760xP100xTptx UfuelxKck xHP/HT (kcal/kUSD)
= 4.186xG100xKck/HT = 395,322USD/kcal
U75 = 4.186 x8760xP75xTptx UfuelxKck xHP/HT (kcal/kUSD)
= 4.186xG75xKck/HT = 296,492 USD/kcal
UTtbgq= (3xU100 + U75)/4= 370,615 USD/ kcal, which is rounded up to 370,600 USD/kcal
(3) A fine for a decline in steam generator efficiency compared to the guaranteed value
VηB100 = GxKck/10xηB100= 1,008,926 (USD/0,1%)
VηB75 = GxKck/10xηB75= 786,668 (USD/0,1%)
VηBtbgq = (3x VηB100 + VηB75)/4= 953,366 (USD/0,1%), which is rounded up to 953,300 USD/0,1%
(4) A fine for an increase in losses compared to the guaranteed value
Ztd= Cx8760xTptx Kck (USD/kW)= 3,676 USD/kW, which is rounded up to 3,700 USD/kW

Example 4: NOTES FOR PREPARING A BILL OF QUANTITIES

1. General requirements
The contents and list of works shall be prepared on the basis of design and survey collected up to the
present time and depending on the quantity control method for specified number of categories, plan for
dividing the work lists and value in the corresponding workload column.
The unit price to be inserted in each item in the Bill of Quantities by the Bidder will be understood as
the Bidder will have to perform all the work necessary to complete and handover to the Employer a
workload unit specified in this line and including not limited to the following:
- Bidder’s responsibility to be fulfilled, overhead charges, profits and the general costs of the Bidder,
cost and social responsibility of the Bidder in maintaining and promoting activities to fulfill the
obligations of this Contract.
- Taxes and fees, in addition to contents that are listed separately in this Bill of Quantities.
- Costs of labor safety, environmental protection without being separated in this Bill of Quantities.
- Prepare designs, conduct construction methods as well as experimental and adjustment in
accordance with regulations to hand over the product to the Employer as required.
- Adjust and repair defects, if any.
- Costs related to the monitoring, inspection, assurance works.
- All other tasks that arise in the implementation process as well as the cost of maintaining the
products’ state to be transferred to the Employer in good operation as stipulated in the Conditions of
Contract.
The payment will be made only for the quantity of completed works accepted by categories set forth in
this Bill of Quantities. The Employer is not responsible for paying for the works not included in the Bill
that are understood as responsibility fall on the Bidder with costs having been allocated to the
categories named respectively.
2. Measurement of acceptance of works completed for payment
Except as specified in other method of measurement of quantity acceptance, the method of
measurement of quantity acceptance in this Bill is to measure value of completed work sizes on the
basis of the provisions of the approved design drawings .
3. Fill the unit price for each item
Unit price and the corresponding value of each item shall be filled completely. If the Bill of Quantities
of the Bidder is filled without unit prices, the value of the items will be adjusted according to the
provisions and methodology indicated in the Bidding Documents and can be eliminated if a significant
number of unit prices are left blank exceeding the deviation limit as stipulated in the Bidding
Documents.
4. Using alternative materials
For items in which alternative materials are allowed for use, the unit price to be filled will be
understood as costs necessary to use appropriate materials to meet the prescribed criteria.
5. Monthly measurement of acceptance
Monthly, as stipulated in the conditions of acceptance of the Contract, the two parties and supervision
consultants will make measurements and calculate quantity to be completed in a month. Where
necessary, along with the completed quantity measurement is completed, the relevant parties need to
prepare the documents and data to prove the full fulfillment of responsibilities related to quantity to be
accepted. In addition, the parties also prepare the documents related to the additional amendments in
a month for the synthesis as the basis for the mid-term payment periods.

EXAMPLE OF PREPARING BILL OF QUANTITIES FOR CONSTRUCTION CONTRACT X UNDER

 HYDROPOWER PROJECT A
GRAND SUMMARY
Foreign Local Currency Total
Currency

USD 103 VND 103 VND

Schedule A General Items

Schedule B Intake gate and weir

Schedule C Pressure pipelines

Schedule D Surge tank

Schedule E Valve house

Schedule G Plant

Schedule H Outtake gate

Schedule I Power distribution station

Schedule K Operation house

Schedule L Downstream flow prevention

Schedule M Operation route

Schedule Daywork costs

------

Bid Price
Signature of Contractor

A. General Items
Foreign
Local Currency
Currency
Payment
Quantity Total
conditions
Unit Unit
Amount Amount
No. Description Unit Price Price

Number
103 103 103
specified in USD USD
VND VND VND
Part II

Insurance

Insurance of
20 110.1 Equipment Section 1

Life and disability

30 insurance Section 1

Third party
40 liability insurance Section 1

Occupational
accident
50 insurance Section 1

Import of
equipment Section 1

Customs
procedures and
60 110.2 duties Section 1

Guarantee fee
for imported
70 equipment Section 1
80 Import services Section 1

Accommodation
and work
establishments Section

90 110.3 Office Section 1

100 Store Section 1

Houses at job
110 site Section 1

120 Health station Section 1

Services and
temporary
130 installations Section 1

Experimental
facilities Section

180 110.5 Instruments Section 1

190 Equipment Section 1

Operating
200 Expenses Month 47

210 Other equipment Section 1

Experiment
220 facility demolition Section 1

Office

480 120.2 (a) Mobile cabin m2xmonth 2.000

Additional power
supply at
500 120.2 (b) Facilities kWh 2.000

Other facilities

Staff and support

staff

Technical worker monthly

120.4 wage 100

Ordinary worker monthly

510 wage 150

Staff monthly
520 wage 200

530

B. Intake gate and weir

B1 Earthwork, rock reinforcement:
Foreign
Local Currency
Currency
Quantity
Payment Unit Amount Unit Amount
No. Description Unit Total
conditions Price Price

103 103
USD USD VND VND

Site preparation

water supply
and drainage

50 211.11 Canal diversion LS 1

 and protection
works

Roofing

Dig

70 220.11 Excavation m3 735,300

Excavation on
90 220.13 rock m3 59,600

Rock anchorage

251.11 Screw

(a) of 25 mm in
diameter and 3m
110 in length u 25

251.12 Fastener

(a) of 20 mm in
120 diameter m 100

(b) of 25 mm in
130 diameter m 30

After anchorage

(a) Installation of
131 252.11 equipment u 20

(b) drilling and

133 cable m 280

135 (c) Anchor head u 20

Vertical steel
137 510.13 pipes kg 3.400

139 252.12 Tensile Testing u 1

Roof coating

Mortar coating of
500 mm in
140 431.11 thickness m2 200

Welded wire
150 420.13 mesh kg 300

Grafting and
finishing

Selective rock
152 320.22 compaction m3 1.170

Random rock
154 320.23 compaction m3 210

156 320.24 Gravel m3 6.920

158 320.26 Sand bet m3 2.400

Testing drill

Equipment
170 240.11 installation u 6

Continuous core
180 240.13 drilling m 180
 Water pressure
190 240.21 experiment u 10

Drilling to place
monitoring
equipment

Equipment
200 240.11 installation u 2

Continuous core
210 240.13 drilling m 80
C. Daywork costs
Foreign Local
Currency Currency Total

Unit Unit Unit

No. References Description Unit
Price Price Price

103
3
USD 10 VND VND

110.71 Labor

10 Laborer hour

20 Worker level 3-4 hour

30 Technical worker level 5 and higher hour

40 Electricity operator hour

50 Crane operator hour

110.72 Equipment

60 Air compressor 50m3/h hour

70 Air compressor 100 m3/h hour

80 Crane of 5 metric tons hour

90 Mobile crane of 15 metric tons hour

100 Mobile crane of 20 metric tons hour

110 Tower crane 5/25 hour

120 Vibratory compactor 225 hour

130 Plate compactor 22 hour

180 Backacter 200/400 hp hour

Cat D5 Tractor or similar (tiller

350 blade and dozer blade) hour

Cat D6 Tractor or similar (tiller

360 blade and dozer blade) hour

Cat D7 Tractor or similar (tiller

370 blade and dozer blade) hour

Cat D8 Tractor or similar (tiller

380 blade and dozer blade) hour

390 Excavator 150 hp hour

400 Excavator 270 hp hour

410 Crusher 150 hp max hour

 420 Crusher more than 150 hp hour

430 Generator 5 kVA max hour

440 Generator 5/25 kVA max hour

450 Generator 25/50 kVA max hour

460 Power generator hour

110.73 Material

470 Sand m3

480 Ballast 2x4 m3

Other requirements

Example 5. TECHNICAL SPECIFICATIONS AND PACKAGE'S REQUIREMENTS

Description
Section 0110: General requirements
Section 0210: Site preparation
Section 0211: Plumping, surface water supply and drainage
Section 0220: Excavation
Section 0230: Underground excavation (blast hole drill)
Section 0231: Underground excavation (by driller)
Section 0232: Vertical well drill
Section 0240: Anchor drilling
Section 0250: Steel anchor and concrete filling
Section 0251: Rock anchor
Section 0252: Finishing rock anchor
Section 0260: Surface drainage works
Section 0320: Landfill and filter
Section 0330: Roof protection by rocks
Section 0410: Finishing roof covering
Section 0420: Reinforced work
Section 0430: Concrete
Section 0431: Spraying mortar
Section 0432: Installation of underground concrete slabs
Section 0440: Installation of joints in tunnels
Section 0510: Fabrication of steel rebars and metal structures
Section 0520: Roofing and rain protection
Section 0610: Fabrication and installation of wood structures
Section 0620: Floor concrete
Section 0622: Ceramic tile
Section 0623: Painting
Section 0630: Installation of hanging panels
Section 0640: Doors and visors
Section 0641: Decorative wood work
Section 0650: Installation of sanitary ware
Section 0661: Essential electrical equipment
Section 0662: Underground items or components
Section 0663: Lighting system and socket
Section 0664: Cables and wires
Section 0665: Air ventilation and condition
Section 0666: Communications system
Section 0667: Fire prevention
Section 0710: Fabrication shop
Section 0810: Construction roads and yards
Section 0820: Reinforcing yards and roads
Section 0910: Other sections

0110. GENERAL REQUIREMENTS

Description
1. General
1.1 Guidelines for reading and referring to other Sections ..................................................
1.2 Cooperation with other Contractors ...............................................................................
2. General description of Project
3. Scope of work
3.1. Additional survey ..........................................................................................................
3.2 Completion ....................................................................................................................
3.3 Equipment provided for the Employer by the Contractor ..............................................
3.4 Other equipment under management and operation of the Contractor ........................
3.5 Equipment on site not belonging to the Contractor ......................................................
4. Construction ground
4.1 Location ........................................................................................................................
4.2 Design and basic data ...................................................................................................
4.3 Entry infrastructure .......................................................................................................
5. Proposals and requirements for upgrade of entries
6. Access to and use of ground
6.1 Ground design ...............................................................................................................
6.2 Ownership of materials and Facilities ............................................................................
6.3 Facilities outside site ground .........................................................................................
6.4 Right to use existing facilities ........................................................................................
7. Equipment provided for the Contractor by the Employer
7.1 General rules .................................................................................................................
7.2 Power supply .................................................................................................................
7.3 Entries ...........................................................................................................................
8. Facilities provided for consultants and the Employer by the Contractor
8.1 General provisions ........................................................................................................
8.2 Site offices ....................................................................................................................
9. Other facilities provided by the Contractor
9.1 General provisions ........................................................................................................
9.1.1 Lists provided by the Contractor ................................................................................
9.1.2 Ground planning and Facilities subject to the Contractor’s approval...........................
9.1.3 Cleaning and maintenance .........................................................................................
9.2 Residential area of the Contractor ................................................................................
9.2.1 General services ........................................................................................................
9.2.2 Housing for workers ...................................................................................................
9.3 Site experiment facilities ...............................................................................................
9.4 Other Facilities on site ground .......................................................................................
9.5 Catering and essential services ....................................................................................
9.6 Travelling on site ...........................................................................................................
9.7 Power supply .................................................................................................................
9.7.1 Operation area of the Contractor ...............................................................................
9.7.2 Power supply for other household consumers ...........................................................
9.8 Lighting .........................................................................................................................
9.9 Water supply .................................................................................................................
9.9.1 Mobile water supply ...................................................................................................
9.9.2 Industrial water supply ...............................................................................................
9.10 Communications .........................................................................................................
9.11 Drainage and waste treatment ....................................................................................
9.12 Signs and directions ....................................................................................................
10. Services provided by the Contractor
10.1 Hygiene and environment ...........................................................................................
10.1.1 Refusal of waste receipt and cleaning ......................................................................
10.1.2 Road cleaning ..........................................................................................................
10.1.3 Grove clearance .......................................................................................................
10.2 Health facilities ............................................................................................................
10.2.1 Overview ..................................................................................................................
10.2.2 Emergency evacuation .............................................................................................
10.2.3 Periodic Examination ...............................................................................................
10.3 Fire safety ...................................................................................................................
10.4 Physical protection ......................................................................................................
10.5 Control of weather and flood .......................................................................................
10.5.1 Climate monitoring ...................................................................................................
10.5.2 Control of lake water levels ......................................................................................
10.6 Photographing current state of construction site .........................................................
10.7 Maintenance and maintenance of Facilities ................................................................
10.7.1 Maintenance of roads ...............................................................................................
10.8 Support Facility consultants ........................................................................................
10.9 Labor of the special/designated sub-contractors ........................................................
11. Construction Materials
11.1 The general control program .......................................................................................
11.1.1 Overview ..................................................................................................................
11.1.2 The control program .................................................................................................
11.1.3 The program proposed by the Contractor ...............................................................
11.1.4 The program prescribed in the Contract ...................................................................
11.1.5 Periodic meetings for control ....................................................................................
11.2 The general prohibitions for the Contractor ................................................................
11.2.1 For materials and methods performed by the Contractor..........................................
11.2.2 For design of the Contractor .....................................................................................
11.3 Quality Management ...................................................................................................
11.3.1 Control system and implementation cycle ................................................................
11.3.2 Procedure for approval .............................................................................................
11.3.3 Regulation on materials and equipment ...................................................................
11.3.4 Competence to decide of officials .............................................................................
11.3.5 Evaluation of work ....................................................................................................
11.4 Procedure for approval ................................................................................................
11.4.1 Submission of data and program for approval ..........................................................
11.4.2 Monitoring at manufacturing plants ...........................................................................
11.4.3 Quality certificate ......................................................................................................
11.4.4 Fabrication certificate ...............................................................................................
11.4.5 Job log ......................................................................................................................
11.4.6 Testing certificate ......................................................................................................
11.4.7 Materials order .........................................................................................................
11.4.8 The procedures for accepting materials ...................................................................
11.4.9 Parts of major equipment .........................................................................................
11.5 Return product to the Contractor .................................................................................
11.5.1 Weekly ......................................................................................................................
11.5.2 Monthly .....................................................................................................................
11.5.3 Daily log ....................................................................................................................
12. Applicable standards, drawings and written communication
12.1 Applicable standards and regulations .........................................................................
12.1.1 Symbol system .........................................................................................................
12.1.2 Standards applicable at the site ...............................................................................
12.1.3 Applicable standards ................................................................................................
12.1.4 Other standards not mentioned in the list .................................................................
12.2 Drawings for the Contractor ........................................................................................
12.2.1 Drawings in the Bidding Documents.........................................................................
12.2.2 Construction drawing ...............................................................................................
12.2.3 Progress of publishment of construction drawings ...................................................
12.2.4 Drawings checking ...................................................................................................
12.2.5 The electrical and mechanical drawings ...................................................................
12.3 The design and drawings made by the Contractor ......................................................
12.3.1 Overview ..................................................................................................................
12.3.2 Construction work ....................................................................................................
12.3.3 Electronic equipment ................................................................................................
12.4 Submission and approval ............................................................................................
12.5 Ownership of drawings and data .................................................................................
12.6 Documents of consultants ...........................................................................................
13.1 Safety and Health ........................................................................................................
13.2 Health and safety policy ..............................................................................................
13.3 Rules for implementation of policy ..............................................................................
13.4 Safety rooms ...............................................................................................................
13.5 Control stations and handling toxic substances, pollution ...........................................
13.6 First aid .......................................................................................................................
13.7 Rescuers .....................................................................................................................
13.8 Lighting and power supply ...........................................................................................
13.9 Transportation of workers ............................................................................................
13.10 Safety for community ................................................................................................
13.11 Storage and use of explosives ..................................................................................
13.12 Blasting warning ........................................................................................................
13.13 Lighting ......................................................................................................................
14. Environmental Protection
14.1 Overview .....................................................................................................................
14.2 Protection and planting fauna ......................................................................................
14.3 Protection of fauna ......................................................................................................
14.4 Storm control and prevention ......................................................................................
14.5 Warehousing ...............................................................................................................
14.6 Waste management ....................................................................................................
14.7 Noise ...........................................................................................................................
14.8 Relations with the surrounding community ..................................................................
15. Inspection and testing
15.1 Scope of work .............................................................................................................
15.2 Overview .....................................................................................................................
15.3 Landmark navigation system .......................................................................................
15.3.1 Major positioning system ..........................................................................................
15.3.2 Site positioning system..............................................................................................
15.3.3 Auxiliary landmarks and the frame of reference........................................................
15.4 Protection and replacement of landmark locator .........................................................
15.5 Foundation survey .......................................................................................................
15.5.1 Original foundation ...................................................................................................
15.5.2 Excavation and underground survey ........................................................................
15.5.3 Trans-digging tunnel .................................................................................................
15.6 Starting work ...............................................................................................................
15.6.1 Overview ..................................................................................................................
15.6.2 Additional requirements before immersion work........................................................
15.7 Cross control ...............................................................................................................
15.8 Regulations on limited ground and height for equipment installation...........................
16. Surface Water Treatment
16.1 Overview .....................................................................................................................
16.2 Handling of ground ......................................................................................................
16.2.1 Excavation ................................................................................................................
16.2.2 Road ........................................................................................................................
16.2.3 Tunnels .....................................................................................................................
16.3 Underground work .......................................................................................................
16.3.1 Overview ..................................................................................................................
16.3.2 Control of quarry water .............................................................................................
16.3.3 Groundwater Treatment ...........................................................................................
16.4 Pumping water from the work site ...............................................................................
16.5 Check the water when pouring concrete .....................................................................
16.6 Water Collection ..........................................................................................................
17. Switch line and control river
18. Measurement and Payment
18.1 General rules ...............................................................................................................
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18.1.1 Bill of Quantities and Contract Price..........................................................................
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18.1.2 Payment list and description.....................................................................................
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18.1.3 Price and items included in the Price........................................................................
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18.2 Contract Price Schedule A...........................................................................................
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18.2.1 Reference for payment of insurance 110.1: lump sum items ....................................
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18.2.2 Payment Reference .................................................................................................
0210. 0210. THE SITE PREPARATION
1. Overview
1.1 Work description ...........................................................................................................
1.2 Related works ...............................................................................................................
1.2.1 Related parts ..............................................................................................................
1.2.2 Related works ............................................................................................................
1.3 Definitions .....................................................................................................................
1.4 Standards and regulations ...........................................................................................
1.4.1 The reference documents .........................................................................................
1.5 Management and Quality Certificates ...........................................................................
1.5.1 The deviation and adjustments ..................................................................................
1.6 Submission and approval ..............................................................................................
2. Products .........................................................................................................................
3. Performance ..................................................................................................................
3.1 Fences around Facilities ...............................................................................................
3.2 Signboards ....................................................................................................................
3.3 Hygiene and cleaning ....................................................................................................
3.4 Clearance of debris .......................................................................................................
3.5 Protection of other areas ...............................................................................................
3.6 Waste dump ..................................................................................................................
3.7 Construction ground and roads .....................................................................................
4. Measurement and Payment.