Professional Documents
Culture Documents
(Signed) 1. Itb VT 027 21 KT Da
(Signed) 1. Itb VT 027 21 KT Da
№ 588/21-BC-PTM/BMĐH
Ngày 29/01/2021
HỒ SƠ MỜI THẦU
ДОКУМЕНТЫ ПРИГЛАШЕНИЯ НА ТЕНДЕР
(Đấu thầu rộng rãi quốc tế - Расширенный международный тендер)
- Tên hàng hóa / dịch vụ: Thiết bị và vật tư cho Cải hoán hệ thống đo dầu trên CTK-3,
MSP1 và MSP4.
Наим. товара: Оборудование и материалы для модернизации системы учета нефти
ЦТК-3, МСП-1, МСП-4.
Brief description
Abbreviation
Part 1 – BIDDING PROCEDURES
Chapter I. Instructions to bidders
Chapter II. Bidding data sheet
Chapter III. Bid proposal evaluation criteria
Chapter IV. Bidding form
Part 2 – SCOPE OF SUPPLY REQUIREMENTS
Chapter V. Scope of supply
Part 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS
Page 1 of 3
Chapter VI. General conditions of contract
Chapter VII. Particular conditions of contract
Chapter VIII. Contract forms
Part 4 – ATTACHMENTS
Attachment 1. Technical requiremnets & Scope of supply
Attachment 2. Criteria for technical appraisal
Page 2 of 3
Tổ chuyên gia
Члены рабочей группы:
Представитель ПТО СП
Certified by: Vietsovpetro
Certification Authority
Page 3 of 3
Invitation for Bid
(Method of one-phase bidding for
one-envelope)
Bidding package No: VT-027/21-KT-DA
Project:
Issued on:
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CONTENTS
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BRIEF DESCRIPTION
Part 1. BIDDING PROCEDURES
This Chapter provides information to help bidder in preparation of Bid Proposal. Information
includes rules of preparation, submission of Bid Proposal, bid opening, bid evaluation and
contract award. Chapter I contains provisions that are to be used without modification.
This Chapter specifies in detail contents of Chapter I for applying for each bidding package.
This Chapter includes criteria for evaluation of Bid Proposal, capacity and experience of
bidders in bidding package performance.
This Chapter includes forms that bidder shall complete to form a part of Bid Proposal.
This Chapter includes scope, progress of goods supply, related services, technical
requirements, drawing for description the specification of goods and related services; contents
on inspection and testing of goods (if any).
This Chapter includes general conditions applied for all contracts of various bidding packages.
Chapter VI contains common provisions that are to be applied to all Contracts without
modification.
This Chapter includes contract data and specific conditions, which specifies detailed conditions
for each contract. Particular conditions of contract are to be modified and supplemented but not
to replace general conditions of Contract.
This Chapter includes forms which, once completed, shall become integrated part of contract.
Templates of contract performance guarantee (Performance Bond) and Advance payment
guarantee (if any) are completed by awarded bidder before contract comes into effect.
Part 4. ATTACHMENTS
This Chapter includes detailed scope of supply, Technical requirements and Criteria for technical
appraisal.
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ABBREVIATION
USD US Dollar
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Part 1. BIDDING PROCEDURES
1. Scope of bid 1.1. Vietsovpetro as specified in the Bid Data Sheet (BDS) issues this
Invitation for Bid for selection of Bidder to implement bidding
package for procurement of goods as described in Part 2 – Scope of
Supply requirements.
1.2. Title of the bidding package; number, quantity of each item / parts
(in case bidding package is divided into many independent parts)
belongs to bidding package as specified in BDS.
1.3. Time for implementation of contract specified in the BDS
2. Source of Source of funding (or method of capital arrangement) for bidding package
Funds as specified in BDS.
3. Banned acts in 3.1. The handing, taking, brokerage of bribes.
bidding 3.2. Taking advantage of positions, powers aiming to illegally interfere
in bidding activities.
3.3. Collusion with each other in bidding including the following acts:
a) Agreement on withdrawal from bidding or withdrawal of
submitted application for bidding so that one party or
parties in agreement win bid;
b) Agreement to let one or many parties to prepare Bid
Proposals for parties participating in bidding so that one
party may win bid;
c) Agreement on refusal for goods supply, refusal for signing
contract of sub-contractor, or forms causing other
difficulties to parties which refuse to participate in
agreement.
3.4. Fraud including the following acts:
a) Providing discrepancies intentionally or purposely
misleading information, dossier or documents of one party
in bidding with the aim to obtain financial benefits or other
benefits or to avoid any obligation;
b) Individuals who directly evaluate Bid Proposal, appraise
the result of selection of bidders intentionally providing
wrong report or unreliable information falsifying the result
of selection of bidders;
c) Bidders intentionally provide dishonest information in Bid
Proposal falsifying the result of selection of bidders.
3.5. Interference including the following acts:
a) Destroying, cheating, changing, hiding proof or reporting
contrary to the truth; threatening, disturbing or suggesting
with any party with the aim to prevent the clarification of
acts of handing, taking, brokerage of bribes, fraudulence or
collusion with competent agencies, authorized agencies in
conducting supervisions, examination, inspections and
audit;
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b) Acts that impede bidders, competent agencies involving
supervision, check, inspection and audit.
3.6. Failing to ensure the fairness, transparency, including the following
acts:
a) Participation in a bidding package with the position as a
bidder as well as the employer or person executing tasks of
employer ;
b) To formulate, concurrently evaluate bidding document for a
same bidding package;
c) To evaluate Bid Proposal, concurrently appraise the result
of selection of bidder for a same bidding package;
d) To be an individual of Vietsovpetro, but directly participate
in the process of selection of bidder or participate in expert
groups, evaluation groups for result of selection of bidder or
be the head of Vietsovpetro for bidding packages in which
his or her natural parent, parent-in-law, spouse, natural
child, adopted child, son or daughter-in-law or sibling
participates give their name in bidding or are legal
representatives of bidders, participating in bid;
đ) Participation as a bidder in bidding for goods procurement,
construction and installation in a bidding package for which
such participant previously has provided consultancy
services;
e) Participating as the bidder in a bidding package belonging
to a project of an organization or entity for which such
person worked, within a period of 12 months from the date
on which such person ceased to work for such body or
organization;
g) Application of a form of selection of bidder other than open
tendering when the conditions stipulated in this Law No.
43/2013/QH13 have not been satisfied;
h) Imposition of specific requirements regarding brand names
and country of origin of goods in bidding document;
i) Division of a project, estimate for procurement into bidding
packages contrary to the provisions in the Law No.
43/2013/QH13 with the aim to apply direct appointment of
contractor or limit participation of bidders.
3.7. Disclosure, receipt of the following data and information regarding
selection of bidder, except for cases defined at point b clause 7
Article 73, clause 12 Article 74, point i Clause 1 Article 75, Clause
7 Article 76, Clause 7 Article 78, point d Clause 2 Article 92 of the
Law No. 43/2013/QH13:
a) Contents of Invitation for Bid prior to the stipulated date for
issuance of such documents;
b) Contents of Invitation for Bid, notebooks and minutes of
tender consideration meetings, comments and assessments
regarding each Bid Proposal prior to the announcement of
the results of bidder selection;
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c) Requests for clarification of Bid Proposal made by
Vietsovpetro and responses of bidders during the process of
assessment of Bid Proposal prior to announcement of the
results of bidder selection;
d) Reports by Vietsovpetro, by the expert group, evaluation
report, report of advisory bidder, report of relevant
specialized agencies during the process of selection of
bidder prior to announcement of the results of bidder
selection;
đ) Result of selection of bidder prior to the stipulated time for
announcement;
e) Other documents during the process of selection of bidder
which are stamped "confidential" as prescribed by law.
3.8. Bid transfer including the following acts:
a) Bidder transfers to other contractor a part of work under
bidding package at value of 10% or more (after deducting
part of work under responsibilities of sub-contractors)
calculated on the signed contractual price;
b) Vietsovpetro or supervision advisory accepts for bidder to
transfer work under duty of bidder, deducted part of work
under duty of sub-contractors as stated in contract.
3.9. Holding selection of bidder when the financing source for the
bidding package has not yet been determined, resulting in
insolvency of the Vietsovpetro to bidder.
4. Eligibility of 4.1. Having Business Registration Certificate, incorporation decisions
bidders or similar documents issued by the competent authority of country
where bidder is running business;
4.2. Being an independent cost accounting entity;
4.3. Not being in the process of dissolution; not concluded to fall into
the state of bankruptcy or to be insolvent as prescribed by law;
4.4. To ensure competitiveness in bid as specified in BDS;
4.5. Not being in time banned from bid participation as prescribed by
law on bidding;
4.6. Having been registered on the national bidding network system as
specified in BDS;
4.7. Not applicable - Having member in Consortium or sub-contractor
to be Vietnamese bidder as specified in BDS.
5. Eligibility of 5.1. All the Goods and Related Services are deemed eligible if having
Goods, Related identified and legitimate origin.
Services 5.2. The term “Goods” is construed including but not limited to
machinery, equipment, raw materials, fuel, materials, supplies,
accessories; consumables; medical supplies used for medical
establishment.
The term “origin” shall mean as country or territory where
produces whole goods or implements final basic processing in case
many countries or territories take part in production process of
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those goods.
The term “Related Services” including but not limited to the
Services such as: warranty, maintenance, overhaul, repair, supply
of spare parts or supply of other after sales services like training,
technology transfer…
5.3. In order to prove eligibility of goods and Related Services as
prescribed in ITB 5.1, bidder has to specify origin, mark, brand
name of goods and attached documents so as to prove eligibility of
goods as specified in BDS.
6. Contents of 6.1. The Invitation for Bid consists of Parts 1, 2, 3 accompanied with
Invitation for documents of Bid Proposal amendment as specified in ITB 8 (if
Bid any) including as follows:
Part 1. Bidding Procedures:
- Chapter I. Instructions to Bidders (ITB);
- Chapter II. Bidding Data Sheet (BDS);
- Chapter III. Bid Proposal Evaluation Criteria;
- Chapter IV. Bidding Forms.
Part 2. Scope of Supply Requirements:
- Chapter V. Scope of Supply.
Part 3. Conditions and Forms of Contract:
- Chapter VI. General Conditions of Contract (GCC);
- Chapter VII. Particular Conditions of Contract (PCC);
- Chapter VIII. Contract Forms.
6.2. The Letter of Invitation /Bid Announcement issued/provided by
Vietsovpetro is not part of the Invitation for Bid.
6.3. Vietsovpetro is not responsible for the preciseness, completeness of
the Invitation for Bid, explanation for clarification, minutes of
pre-tender conference (if any) or amendment of Invitation for Bid
as prescribed in ITB 8 if these documents are not obtained from
Vietsovpetro. In case of any contradiction, documents issued by
Vietsovpetro shall prevail.
6.4. The bidder is expected to examine all instructions, forms, supply
requirements and other requirements in the Invitation for Bid for
preparation Bid Proposal including all information or
documentation as required by the Invitation for Bid.
7. Clarification of 7.1. Bidder requiring any clarification of the Invitation for Bid shall
Invitation for contact Vietsovpetro in writing or ask questions in pre-tender
Bid conference (if any). When Vietsovpetro receives request for
clarification of Invitation for Bid in a reasonable time but no later
than the deadline specified in the BDS for submission of bid
Proposal, Vietsovpetro will respond in writing to all requests for
clarification. Vietsovpetro will respond in writing to bidder with
such requests for clarification and all other bidders who have
acquired the Invitation for Bid from Vietsovpetro including a
description of the inquiry but without identifying its source. Should
the clarification result in changes to the essential elements of the
Invitation for Bid, Vietsovpetro shall amend the Invitation for Bid
following the procedure under ITB 8 and ITB 22.2
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7.2. If necessary Vietsovpetro hold pre-Bid conference to discuss
unclear contents in Invitation for Bid. The discussion shall be
formally recorded as minutes of clarification which shall be sent to
all bidders who bought or acquired Invitation for Bid from
Vietsovpetro. In case the Invitation for Bid is required to be
modified after the pre-tender conference, Vietsovpetro shall issue
document for amendment as specified in ITB 8, minutes of
pre-tender conference is not the document for amendment. No
participation in pre-tender conference is not the reason to reject
bidder.
8. Amendment of 8.1. The amendment of the Invitation for Bid shall be made prior to the
Invitation for deadline for submission of bid proposal by issuing documentation
Bid for amendment.
8.2. Documentation for amendment shall be part of the Invitation for
Bid and shall be communicated in writing to all bidders who have
obtained the Invitation for Bid from Vietsovpetro.
8.3. The time to send the documentation for amendment of Invitation
for Bid to all bidders who have acquired the Invitation for Bid from
Vietsovpetro shall be stipulated in the BDS. To give bidders
reasonable time in preparing their bid proposal, Vietsovpetro may,
at its discretion, extend the deadline for the submission of bid
proposal, pursuant to ITB 22.2. The bidders are required to notify
Vietsovpetro in writing that the documentation for amendment has
been received by one of the following methods: sending letter
directly, by post, fax or email.
9. Cost of bidding The bidder shall bear all costs associated with the preparation and
submission of its Bid Proposal. Vietsovpetro shall not be liable for those
cost under any circumstances.
10.Language of The bid proposal, as well as all correspondence and documents relating to
Bid Proposal the bid proposal exchanged by the bidder and Vietsovpetro, shall be written
in English or Vietnamese and English language. Any supporting
documents in bid proposal can be written in other languages and
concurrently attached with translation in English or Vietnamese. In case of
no translation, if necessary, Vietsovpetro may ask bidder for
supplementation of documents.
11.Documents The Bid Proposal shall comprise of the following:
comprising the 11.1. Application for bidding in accordance with ITB12;
bid
11.2. Consortium agreement in case the bidder is Consortium in
accordance with Template No.3, Chapter IV – Bidding forms;
11.3. Bid Bond, in accordance with ITB 19;
11.4. Proof documents for eligibility of bidder in accordance with ITB 4;
11.5. Proof documents for eligibility of signatory under the application
for bidding, in accordance with ITB 20.3
11.6. Proof documents for capacity and experience of bidder, in
accordance with ITB 17;
11.7. Technical proposals and proof document for adequacy of goods and
related services, in accordance with ITB 16;
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11.8. Price proposals and price schedules with full information, in
accordance with ITB 12, 14;
11.9. Proposals of technical alternatives, in accordance with ITB 13;
11.10 Other contents as specified in BDS.
12. Application The application for bidding form and respective price schedules shall be
for bidding prepared using the relevant forms furnished in Chapter IV, Bidding Forms.
form and price
schedules
13.Proposals of 13.1. In case Invitation for Bid stipulates in BDS for probability of
technical technical alternatives, then those technical alternatives shall be
alternatives considered.
13.2. Technical alternatives are only considered when main solution
meets requirements and bidder is ranked first. In this case, bidder
shall provide all information necessary for evaluation of the
alternatives by Vietsovpetro, including notes, drawings, technical
specifications, progress of supply and other relevant information.
The evaluation of technical alternatives in accordance with Section
5 Chapter III – Bid Evaluation criteria.
14.Biding prices 14.1. The bidding prices means the price stated in Application for
and discounts bidding, including all costs for implementation of bidding package
(not including discounts) as prescribed in Part 2 – Scope of Supply
requirements.
14.2. Bidder shall submit Bid Proposal for all work described in ITB 1.1
and offer unit prices, extended amount for work specified in
columns of “List of goods”, “Services description” in accordance
with respective template prescribed in Chapter IV – Bidding forms.
In case columns “Unit price” and “Extended amount” are not
offered or offered “0”, it is assumed that bidder allocates prices of
these goods and services into others prices of those in bidding
package, bidder is responsible to provide goods, services in
accordance with requirements of Invitation for Bid and not receive
payment from Vietsovpetro during implementation of contract.
Bidder is required to offer prices in each Price schedules as
prescribed in BDS.
14.3. In case bidder offers discount, this can be offered directly in
Application for Bidding or put in separate letter for discount.
Bidder has to specify the content of discount and details of discount
allocation into specific items in columns of “List of goods”,
“Services description”. In case details are not provided, the
discount is assumed to apply uniformly for all items in the columns
of “List of goods”, “Services description”. Letter for discount (if
any) can be submitted with Bid Proposal or separately provided that
Vietsovpetro receives prior to Deadline for Bid submission. In case
letter for discount is submitted separately, procedures are
implemented in accordance with ITB 21.2, 21.3. Letter for discount
shall be kept as part of bid proposal and be opened concurrently
with Bid Proposal.
14.4. Bidder is responsible for bidding prices in completion of work
required in Invitation for Bid, if any dramatic errors, Vietsovpetro
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may require bidder to clarify unit price as specified in ITB 26.
Based on the Article 7 of Intergovernmental Agreement dated 27th
December 2010 between Socialist Republic of Vietnam and
Russian Federation on continuous cooperation in geological
exploration, oil and gas exploitation at continental shelf of Socialist
Republic of Vietnam, Vietsovpetro is exempted from customs duty
in territory of Socialist Republic of Vietnam when moving in/out
material, equipments and goods for Vietsovpetro’s main
production.
Bidding prices shall include all taxes, fees and charges (if any)
arisen inside Vietnam and shall be taken into consideration
exemption of import tax and VAT for imported goods from using
List of exempted goods available for Vietsovpetro in Block 09-1.
Bidding terms will be specified in ITB 14.2 Chapter 2.Bidding Data
Sheet. Rate of taxes, fees, charges is applied according to taxes rate,
rate of fees, charges at the time of 28 days prior to Deadline for Bid
submission.
14.5. In case bidding package is divided into independent parts and
bidder is allowed bidding in each part specified in BDS, bidder is
able to bid for one or many parts of bidding package. Bidder has to
bid all work of such part which the bidder attends. Should the
bidder offer discount, bidder shall specify details and prices of
discount in each part as per ITB 14.3.
14.6. In case bidder notices that quantities of work in columns “List of
goods”, “Services description” are not accurate with design or
requirements specified in Part 2 – Scope of Supply requirements,
bidder can notify Vietsovpetro and make separate price proposal of
those deviations for consideration. Bidder is not allowed to take
those deviations into account in bidding prices.
15.Currencies of 15.1 The currency of the bid shall be offered in VND/ USD/ EUR. Cost
Bid and incurred inside Vietnam shall be offered in VND. Cost incurred
Payment outside Vietnam shall be offered in VND/ USD/ EUR. Bidders have
to offer by only one currency for a specific work. In case bidding
price is offered in foreign currency, bidder has to prove that the
respective work has been using foreign currency.
15.2 The currency of payment for work items shall correspond with the
currency of bid for those items. Domestic costs are only paid in
VND.
15.3 The currency for conversion of different bidding prices from
various currencies into unique currency for evaluation and
comparison is: VND/USD applying the selling rate stated by
Vietcombank (Vung Tau branch) on the date when the bid is closed.
If all bidding prices are in foreign currency, then bid evaluation and
comparison shall be done in USD. In the event that one of bidding
prices is in VND, then bid evaluation and comparison shall be done
in VND.
15.4 Without prejudice to any terms mentioned above and relevant
applicable laws, contract currency for domestic bidders shall be in
VND, applying the selling rate stated by Vietcombank (Vung Tau
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branch) on the date when the bid is closed.
16.Documents 16.1. To establish the eligibility of the goods and related services in
establishing the accordance with Invitation for Bid, the bidder shall furnish as part
conformity of of its Bid Proposal the documentary evidence that the goods
the Goods and conform to the technical specifications and standards specified in
Related Chapter V - Scope of Supply.
Services 16.2. The documentary evidence may be in the form of documents,
drawings, data, and shall consist of a detailed item by item
description of the essential technical and performance
characteristics of the goods and related services, demonstrating
substantial responsiveness of the goods and related services to the
technical specification, and if applicable, a statement of deviations
and exceptions to the provisions of the Chapter V - Scope of Supply
16.3. The bidder shall also furnish a list giving full particulars, current
prices of spare parts, special tools, etc., necessary for the proper and
continuing functioning of the goods during the period specified in
the BDS following commencement of the use of the goods.
16.4. Standards for manufacturing, production process of material and
equipment, as well as references to brand names or catalogue
numbers specified by Vietsovpetro in the Chapter V- Scope of
Supply, are intended to be descriptive only and not restrictive. The
bidder may offer other standards of quality, brand names, catalogue
numbers, provided that it demonstrates, to Vietsovpetro’s
satisfaction, that the substitutions ensure substantial equivalence or
are superior to those specified in the Chapter V - Scope of Supply.
17.Documents 17.1. The bidder shall provide necessary information in templates in
establishing the Chapter IV – Bidding Forms in order to demonstrate capacity and
capacity and experiences for performance of contract as specified in Chapter III
experiences of – Bid Proposal evaluation criteria. The bidder shall prepare original
the bidder documents for verification if Vietsovpetro requires.
17.2. The documentary evidence of the bidder’s capacity to perform the
contract if its bid proposal is accepted as specified in BDS.
18.Period of 18.1. Bid Proposal shall remain valid not shorter than the period
validity of Bid specified in the BDS. A Bid Proposal with shorter validity period
Proposal shall not be considered and evaluated by Vietsovpetro.
18.2. In exceptional circumstances, prior to the expiration of the bid
proposal’s validity period, Vietsovpetro may request bidders to
extend the period of validity of their Bid Proposal. The Bid Bond as
also requested shall be extended for 30 days beyond the deadline of
the extended validity period. If a bidder refuses to extend its Bid
Proposal validity as required, the Bid Proposal shall not be further
considered and bidder shall get back Bid Bond. A bidder with
granted request shall not be permitted to modify any contents of Bid
Proposal. The request, acceptance or non-acceptance shall be
shown in writing.
19.Bid Guarantee 19.1. When attending the bid, the bidder shall implement bid guarantee
prior to deadline for bid submission in a form unconditional
guarantee issued by a bank or financial institution which is legally
operating in Vietnam in accordance with ITB 19.2. In the case of a
bank guarantee, the bid guarantee shall be submitted either using
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the Bid Bond Forms - 04(a) or 04(b) included in Chapter IV -
Bidding Forms or in another substantially similar format with full
basic contents of Bid Bond. In case the validity of Bid Proposal is
extended as specified in ITB 18.2, validity of bid bond is also
extended accordingly.
In case of Consortium, the Bid Bond shall comply with one of the
following:
a) Each Consortium partner shall provide a separate Bid Bond;
however, the aggregate amount of Bid Bond submitted by all
Consortium partners is not less than the required amount
specified in ITB 19.2. If the Bid Bond of any Consortium
partner is determined to be invalid, the bid of the Consortium
shall not be considered and evaluated further. If any
Consortium partner is in breach of the rules resulting in without
return of Bid Bond in accordance with ITB 19.5, then bid
securities of all Consortium partners shall not be returned.
b) All partners of the Consortium shall nominate one partner to
arrange a single Bid Bond for itself and all other partners in the
Consortium. In this case, the Bid Bond shall be in the name of
the Consortium or the name of the partner who arranges the Bid
Bond for the entire Consortium provided that the total amount
is not less than the required amount in BDS of ITB 19.2. If any
Consortium partner is in breach of the rules resulting in without
return of the Bid Bond in accordance with ITB 19.5, the Bid
Bond shall not be returned.
19.2. Amount, currency and valid period of the Bid Bond shall be as
specified in the BDS.
19.3. The Bid Bond shall be considered illegitimate in one of following
cases: having lower value, with shorter valid period as specified in
ITB 19.2, not under the bidder's name (beneficiary), not original
and without legitimate signature or accompanied with adverse
condition for Vietsovpetro.
19.4. Unsuccessful bidder shall be returned or released the Bid Bond in
the maximum duration specified in the BDS since the date for
notification of result of selecting bidder. For successful bidder, the
Bid Bond shall be returned or released after the bidder furnishes the
contract performance guarantee.
19.5. The Bid Bond shall not be returned in one of following cases:
a) Bidder withdraws its Bid Proposal after the deadline of bid
submission and during the period of Bid Proposal validity;
b) Bidder violates law on bidding which leads to be cancelled
bid as prescribed at point d, ITB 36.1;
c) Bidder fails to provide a contract performance guarantee as
prescribed in ITB 41;
d) Bidder fails or refuses to negotiate the contract, within a
period of five (05) working days from the date of receipt of
invitation for contract negotiation from Vietsovpetro except
for force majeure cases;
đ) The bidder fails or refuses to finalize and sign the contract,
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within a period of time specified in notification of
acceptance of Bid Proposal and contract award from the bid
except for force majeure cases.
20.Format and 20.1. The bidder shall prepare Bid Proposal comprising: one original as
signing of Bid specified in ITB 11 and some copies with amount mentioned in the
Proposal BDS. The cover of dossier shall be marked clearly “Original of Bid
Proposal”, “Copy of Bid Proposal”.
In case of amendment, alternative of Bid Proposal, the bidder shall
prepare one original and some copies of dossier with amount
specified in the BDS. The cover of dossier shall be marked clearly
“Original of amended Bid Proposal”, “Copy of amended Bid
Proposal”, “Original of alternative”, “Copy of alternative”.
In case of technical alternative in the Bid Proposal specified in ITB
13, then the bidder shall prepare one original and some copies with
amount mentioned in ITB 13. The cover of dossier shall be marked
clearly “Original of technical alternative”, “Copy of technical
alternative”.
20.2. Bidders shall be responsible for the appropriateness of the copies
compared to the original. In case of deviation between original and
copy but without change of rank of bidder, then the original shall be
used as base for evaluation. In case of deviation between original
and copy that leads to different results of evaluation of original and
copy, then the Bid Proposal of that bidder shall be rejected.
20.3. The original of Bid Proposal shall be typed, printed with inerasable
ink, with continuous page numbers. The letter of bid, letter of
discount (if any), supplementary documents to clarify the Bid
Proposal, price offer list, other forms in Chapter IV – Bidding
forms shall be signed and stamped by the bidder's legitimate
representative or the bidder’s legitimate attorney (if any), for the
case of attorney, it requires letter of attorney specified in template
02, Chapter IV – Bidding forms or certified copy of company rules,
decision on establishment of branch or other documents to
demonstrate power of attorney submitted with the Bid Proposal.
20.4. For joint bidders, Bid Proposal shall be signed by all members in
Consortium or authorized representative according to Consortium
agreement. In order for all members of Consortium to be legally
bound, Consortium agreement shall be signed by representatives of
all members of Consortium.
20.5. Any words added, written between lines, erased, overwritten shall
only be deemed legitimate if having signature nearby or in that page
of signatory for letter of bid.
21. Sealing and 21.1. The envelope of Bid Proposal comprises of original and copies,
marking of Bid duly marking “Bid Proposal”.
Proposal In case of amendment, alternative of Bid Proposal, then the
amended, alternative document (including original and copies)
shall be placed in separated envelopes other than the envelope for
Bid Proposal, clearly marking “Amended Bid Proposal”,
“Alternative Bid Proposal”.
The envelopes for Bid Proposal, amended Bid Proposal, alternative
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Bid Proposal (if any) and technical alternative (if any) shall be
sealed. Seal is stipulated by the bidder.
21.2. The envelopes shall:
a) bear the name and address of the bidder;
b) be addressed to Vietsovpetro in accordance with ITB 22.1;
c) bear title of bidding package in accordance with ITB 1.2;
d) bear a warning “not to open before the time and date for bid
opening”.
21.3. The bidder shall be responsible for aftermath or disadvantages if is
not in accordance with this Invitation for Bid like, not sealing or
losing seal of Bid Proposal during delivery to Vietsovpetro, not
marking right information on envelopes of Bid Proposal as
specified in ITB 21.1 and 21.2. Vietsovpetro shall not be
responsible for confidentiality of information in Bid Proposal if the
bidder does not comply with above requirements.
22.Deadline for 22.1. The bidder submits directly or delivers the Bid Proposal to
submission of Vietsovpetro adresss provided that it arrives before deadline for
bids submission of bid specified in the BDS. Vietsovpetro receives Bid
Proposal of all bidders before deadline for submission of bid,
including the case bidder has not bought or received the Invitation
for Bid from Vietsovpetro. For the case not buying the Invitation
for Bid yet, the bidder shall pay Vietsovpetro monetary amount
accounting for selling price of bidding document before the Bid
Proposal is received.
22.2. Vietsovpetro may at its discretion, extend the deadline for the
submission of Bid Proposal by amending the Invitation for Bid in
accordance with ITB 8, in which case all rights and obligations of
Vietsovpetro and bidders previously subject to the deadline shall
thereafter be subject to the deadline as extended.
23.Late Vietsovpetro shall not consider any bid proposal that arrives after the
submission of deadline for submission of bids. Any bid proposal received by
Bid Proposal Vietsovpetro after the deadline for submission of bids shall be declared
late, rejected, and returned unopened to the bidder.
24.Withdrawal, 24.1. A bidder may withdraw, substitute or modify Bid Proposal after it
substitution, has been submitted by sending a written notice, duly signed by an
and authorized representative, for the case of Power of attorney shall
modification of include Power of attorney in accordance with ITB 20.3. The
bids corresponding substitution or modification of the Bid Proposal
must accompany the respective written notice with following
conditions:
a) to be prepared by the bidder and submitted to Vietsovpetro
in accordance with ITB 20 and 21, the respective envelopes
shall be clearly marked “Modification”, or “Substitution” or
“Withdrawal”;
b) to be received by Vietsovpetro prior to the deadline for
submission of bids, in accordance with ITB 22.
24.2. Bid Proposal requested to be withdrawn in accordance with ITB
24.1 shall be returned unopened to the bidders.
15
24.3. No Bid Proposal may be modified, substituted or withdrawn in the
interval between the deadline for submission of bids and the
expiration of the period of bid proposal validity specified by the
bidder in the Application for bidding or any extension thereof.
25.Bid opening 25.1. Except in the cases specified in ITB 23 and 24, Vietsovpetro shall
publicly open and read out, clearly information in accordance with
ITB 25.3 of all Bid Proposal received before the deadline for
submission of bids. The bid opening shall take place publicly at
time and place specified in the BDS in the presence of bidders and
representatives of related organizations. The bid opening does not
depend on presence or absence of bidders’ representatives
attending the bid.
25.2. In case bidder requests withdrawal or substitution of Bid Proposal,
then Vietsovpetro shall firstly open and read out clearly
information in envelope of which outer notification marks
“Withdrawal”, the envelope of Bid Proposal of bidder with request
for withdrawal shall remain sealed and be returned unopened to
bidder. No bid withdrawal shall be permitted and Bid Proposal is
still opened unless the corresponding withdrawal notice contains
documentary evidence for signatory to be legitimate representative
of bidder and is read out at bid opening.
Next, Vietsovpetro shall open, read out clearly information in
envelope of which outer notification marks “Substitution” and this
substitute shall be replaced with the previous. This previous shall
not be opened and be returned unopened to bidder. No bid
substitution shall be permitted and Bid Proposal is still opened
unless the corresponding substitution notice contains documentary
evidence for signatory to be legitimate representative of bidder and
is read out at bid opening.
For envelope with notification marked “Modification”, any
attached notification document accompanied modified Bid
Proposal shall be opened, read out clearly. No bid modification
shall be permitted and Bid Proposal is still opened unless the
corresponding modification notice contains documentary evidence
for signatory to be legitimate representative of bidder. Only Bid
Proposal opened and read out at the bid opening then shall be
considered further and evaluated.
25.3. All other envelopes shall be opened one at a time following the
alphabetical sequence of the bidders’ names and sequence below:
a) Examine the seals;
b) Open original of Bid Proposal, modification Bid Proposal
(if any) and read out clearly at least the following
information: name of bidder, quantity of originals and
copies, bidding price in letter of bid, bidding price in
summarized price list, discount (if any), validity of Bid
Proposal, date of contract performance, value, validity of
Bid Bond and other necessary information. In case bidding
package is divided into many independent parts, then
bidding prices and discount for each part shall be read out.
Only discount read out in bid opening shall be further
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considered and evaluated;
c) Representatives of Vietsovpetro shall countersign in
original of letter of bid, Bid Bond, summarized price list,
letter of attorney of bidder’s legitimate representative (if
any), letter of discount (if any), Consortium agreement (if
any). Vietsovpetro shall not reject any Bid Proposal at the
bid opening, except the case of late bids specified in ITB 23.
25.4. Vietsovpetro shall prepare a record of the bid opening that shall
include information specified in ITB 25.3. The record shall be
signed by representatives of Vietsovpetro and bidders attending bid
opening. The omission of a bidder’s signature on the record shall
not invalidate the contents and effect of the record. The record shall
be distributed to all bidders attending the bid.
26.Confidentiality 26.1. 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 the bidder selection process
until publication of result of bidder selection. Under no
circumstances, is the information in Bid Proposal revealed to any
other bidders, except for the information that need disclosing
during the bid opening.
26.2. Except for the case of enquiries for clarification of Bid Proposal
specified in ITB 27 and contract negotiation, bidder is not permitted
to contact Vietsovpetro for issues related to its Bid Proposal and
other relevant issues of bidding package during the time from bid
opening until the result of tendered selection is published.
27. Clarification 27.1. After bid opening, the bidder shall clarify the Bid Proposal if
of bids Vietsovpetro requires. All requests for clarification and feedbacks
shall be shown in writing. In case the bidder’s Bid Proposal lacks of
documentary evidences for eligibility, capacity and experiences
(including license for sales of manufacturer or partnership
certificate or other similar documents if Invitation for Bid requires),
Vietsovpetro request the bidder to clarify, supplement documents
for those lacks. In terms of technical, financial proposal in bidder’s
Bid Proposal, the clarification shall ensure rules for no change to
the actual nature of concerned bidders, to basic contents of
submitted Bid Proposal, to bidding prices. The bidders are required
to notify Vietsovpetro that the documentation for request of
clarification has been received by one of the following methods:
sending letter directly, by post, fax or email.
27.2. The bidder and Vietsovpetro clarify Bid Proposal in writing.
27.3. Within the period of time specified in the BDS, in case
documentary evidences for eligibility, capacity and experiences
(including licence for sales of manufacturer or partnership
certificate or other similar documents if bidding document requires)
have been lacked, bidders are allowed to send further documents
for clarification. Vietsovpetro is responsible to accept the
documents on clarification for consideration and evaluation; further
documents on clarifying eligibility, capacity and experiences shall
be considered a part of the bidding package. Vietsovpetro is
required to notify the bidder in writing that the documentation for
17
clarification has been received by one of the following methods:
sending letter directly, by post, fax or email.
27.4. This clarification is only involved by Vietsovpetro and
participating bidders. The clarification contents must be kept by
Vietsovpetro as a part of the Bid Proposal. In terms of clarification
contents that directly affect evaluation of eligibility, capacity,
experiences, technical requirement, financial issues, if period of
clarification exceeds deadline and bidder does not have
documentation for clarification or documentation does not meet
requirements of clarification from Vietsovpetro, Vietsovpetro shall
evaluate based on the Bid Proposal submitted before deadline for
bid submission.
27.5. If necessary, Vietsovpetro may request the capable bidder in
writing to work directly with Vietsovpetro for clarification of Bid
Proposal. The contents of clarification shall be shown in writing.
This clarification shall be ensured impartiality and transparency.
28.Deviations, During the evaluation of bid proposal, the following definitions apply:
Reservations, 28.1. “Deviation” is a difference from the requirements specified in the
and Omissions Invitation for Bid ;
28.2. “Reservation” is the setting of limiting conditions or withholding
from complete acceptance of the requirements specified in the
Invitation for Bid ;
28.3. “Omission” is the failure to submit part or all of the information or
documentation required in the Invitation for Bid.
29.Determination 29.1. Vietsovpetro’s determination of a responsiveness of Bid Proposal is
of to be based on the contents of the bid Proposal itself, as defined in
responsiveness ITB 11.
29.2. A substantially responsive Bid Proposal is one that meets the
requirements of the Invitation for Bid 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 goods and related services;
limit in any substantial way, inconsistent with the Invitation
for Bid , the purchaser’s rights or the bidder’s obligations
under the contract;
b) if rectified, would unfairly affect the competitive position of
other bidders presenting substantially responsive bids.
29.3. Vietsovpetro shall examine the technical aspects of the Bid
Proposal submitted in accordance with ITB 16 and ITB 17, in
particular, to confirm that all requirements of Part 2 –Scope of
Supply Requirements have been met without any material deviation
or reservation, or omission.
29.4. If a Bid Proposal is not substantially responsive to the requirements
of Invitation for Bid, it shall be rejected by Vietsovpetro and may
not subsequently be made responsive by correction of the material
deviation, reservation, or omission.
30. Nonmaterial 30.1. Provided that a Bid Proposal is substantially responsive,
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mistake Vietsovpetro may waive any mistakes in the bid proposal that not to
be a material deviation, reservation or omission.
30.1. Provided that a bid proposal is substantially responsive,
Vietsovpetro may request that the bidder submits the necessary
information or documentation, within a reasonable period of time,
to rectify nonmaterial mistake in the bid related to documentation
requirements. Such mistakes shall not be related to any aspect of
the bidding price. Failure of the bidder to comply with the request
may result in the rejection of its Bid Proposal.
30.3. Provided that a bid proposal is substantially responsive,
Vietsovpetro shall rectify quantifiable nonmaterial mistakes related
to the bidding price. To this effect, the bidding price shall be
adjusted to reflect the price of a missing or non-conforming item or
component; this adjustment is for comparison purposes only.
31.Subcontractor 31.1. Any main contractor can sign a contract with the subcontractors in
the list of the contractors specified in template 16 Chapter IV –
Bidding forms. The main contractor must fulfill their obligations
even when hiring the subcontractors. The main contractor shall be
responsible for the workload, quality, progress and other
responsibilities for the parts of the contract carried out by the
subcontractors. Subcontractors’ capacity and experiences shall not
be considered in evaluation (except the case Invitation for Bid
grants permission for using special subcontractors). The main
contractor itself must meet capacity criteria (no consideration of
subcontractors’ capacity and experiences).
If the main contractor does not propose utilization of subcontractors
in the Bid Proposal for a specific work or not intend to utilize
subcontractors, main contractor shall be responsible for
implementation of all work in the bidding package. If
subcontractors are utilized during contract performance, the main
contractor shall be in breach of bid transfer specified in ITB 3.
31.2. The main contractor must not request the subcontractors to carry
out the tasks other than the tasks of the subcontractors mentioned in
the Bid Proposal; the subcontractors can be replaced or new
subcontractors can be added to the List of the subcontractors
prescribed in the Bid Proposal only when Vietsovpetro agrees; in
case subcontractors are utilized in tasks other than tasks listed in the
Bid Proposal without agreement from Vietsovpetro, this commits
bid transfer.
31.3. Vietsovpetro may permit main contractor to utilize special
subcontractors specified in the BDS. In this case, the main
contractor shall list special subcontractors in accordance with
template 17 Chapter IV – Bidding forms and specify capacity,
experiences of special subcontractors. Vietsovpetro shall evaluate
capacity, experiences of special subcontractors as per evaluation
criteria specified in point 2.3, Section 2 Chapter III – Bid Proposal
Evaluation criteria. In case the special subcontractors do not meet
requirements for their tasks, the Bid Proposal is considered not to
meet requirements of the bidding document. (Not applicable)
32. Bid 32.1. Rules of bid preferences:
19
preferences in Bidders shall be granted preferential treatment when supplying
the selection of goods of which costs for domestic production occupy 25% or more.
bidder
32.2. Bid preferences are applied during evaluation process for
comparing and rating Bid Proposal:
Goods are eligible for bid preferences provided that bidders prove
that domestic production costs account for above 25% of total
price. Percentage (%) of domestic production cost of goods is
calculated according to the following formula:
D (%) = G*/G (%)
Where:
- G*: Domestic production cost calculated by quoted price of goods
defined in the Bid Proposal which subtracts tax values and external
costs, inclusive of fees and charges (if any);
- G: Quoted price of goods defined in the Bid Proposal subtracting
tax values;
- D: Percentage (%) of domestic production cost of goods, D gains
the rate of 25%, which can enable goods to receive the bid
preferences as regulated in this clause.
32.3. Bid preferences calculation is specified in the BDS.
32.4. In case goods do not receive bid preferences, evaluation and
determination of bid preferences shall not be applied.
33.Bid Proposal 33.1. Vietsovpetro shall apply evaluation criteria listed in this clause and
evaluation methods of evaluation are specified in the BDS. Any other criteria
and methods of evaluation shall not be allowed.
33.2. Verify and evaluate eligibility of Bid Proposal:
a) The verification and evaluation of eligibility of Bid
Proposal as specified in clause 1, Chapter III –Bid Proposal
Evaluation criteria;
b) Any bidders who have eligibility Bid Proposal shall be
further considered and evaluated with respect to capacity
and experiences.
33.3. Evaluation of capacity and experiences:
a) Capacity and experiences are evaluated as specified in
clause 2, Chapter III – Bid Proposal Evaluation criteria;
b) Bidders with satisfactory capacity and experiences shall be
considered and evaluated to examine their technical
capability.
33.4. Technical and price-based evaluation:
a) Evaluation of technical capability must adhere to the
evaluation standards and methods prescribed in Section 3,
Chapter III – Bid Proposal Evaluation criteria;
b) Bidders who satisfy technical requirements shall be
considered to evaluate the price specified in Section 4,
Chapter III – Bid Proposal Evaluation criteria.
33.5. After price-based evaluation, Vietsovpetro shall make and approve
20
ranking list of bidders. The bidder who is ranked at the first position
in the bidder's ranking list shall be eligible for the contract
negotiation. Ranking of bidders shall be made as prescribed in the
BDS.
33.6. In case bidding package is divided into independent parts and
bidder is allowed bidding in each part prescribed in ITB 14.5, then
bid evaluation is carried out with those respective parts of the
bidder as prescribed in Section 6, Chapter III – Bid Proposal
Evaluation criteria.
34.Contract 34.1. Contract negotiation shall be based on the followings:
negotiation a) Report on evaluation of the Bid Proposal;
b) Bid Proposal and bidder’s records of clarification of bidding
package (if any);
c) Invitation for Bid.
34.2. Rules of the contract negotiation:
a) Contents of the bidding package that satisfy the
requirements of the Invitation for Bid do not need to be
negotiated;
b) While evaluating Bid Proposal and negotiating contract, if
scope of supply/ work, workloads specified in Chapter V –
Scope of Supply are insufficient compared to the design
documentation, Vietsovpetro will request bidder to add
supplement scope for this insufficient part, on the basis of
the quoted price; if the Bid Proposal has not provided the
unit price, Vietsovpetro shall consider and decide to apply
the approved estimated price for these scope of work /
inadequate workloads or the price quoted by other bidders
who have passed the technical evaluation if this quoted
price is lower than the one approved in estimate;
c) For negotiation over the deficient deviation value, in case
the Bid Proposal has not provided respective quoted price
for deficient deviation, the lowest quoted offer out of other
Bid Proposals that passed the technical evaluation or unit
price in approved estimated price if only one Bid Proposal
that passes the technical evaluation shall be accepted to
negotiate the deficient deviation.
34.3. Contents of contract negotiation:
a) Unspecified, inappropriate and inconsistent contents
between Invitation for Bid and Bid Proposal or in the same
Bid Proposal shall be negotiated to prevent any possible
dispute or unexpected impact on the contractual obligations
of contracting parties;
b) Deviations that have been found by the Bidder and Bidder’s
recommendations (if any), including proposal of
amendment or technical alternatives which Bidder is
allowed to provide according to relevant bidding
regulations;
c) Any issue that arises during the selection of Bidder (if any)
21
in the aim of completing detailed contents of the bidding
package;
d) Nonmaterial omissions specified in ITB 30;
đ) Other necessary issues.
34.4. During contract negotiation, negotiating parties must proceed to
draft and complete the official agreement, detailed terms and
conditions and annexes that determine detailed list of scope of
supply, price list and progress of supply.
34.5. If the negotiation fails, Vietsovpetro will consider to and decide to
invite the bidder who is ranked at the next positions for contract
negotiation; if the successive negotiations also fail, Vietsovpetro
will consider and decide to cancel the bid as regulated in point a. of
ITB 36.1.
35.Conditions for Bidder shall be considered for recommendation as the winning bidder upon
recommendati satisfying the following conditions:
on as the 35.1. Having Eligibility Bid Proposal as prescribed in Section 1, Chapter
winning bidder III – Bid Proposal Evaluation criteria;
35.2. Having capacity and experiences satisfying requirements as
prescribed in Section 2, Chapter III – Bid Proposal Evaluation
criteria;
35.3. Having technical proposals satisfying requirements as prescribed in
Section 3, Chapter III – Bid Proposal Evaluation criteria;
35.4. Having deficient deviation not exceeding 10% of bidding price;
35.5. Meeting requirements specified in the BDS;
35.6. The bidder has the proposed bid-winning price (including taxes,
fees, charges (if any) not exceeding the approved bidding package
price. If the approved estimated budget of bidding package is lower
than or higher than the approved bidding package price, this
estimate shall replace the bidding package price as basis for
consideration for recommendation as the winning bidder.
36.Bidding 36.1. Vietsovpetro shall notify the bidding cancellation in following
cancellation cases:
a) All Bid Proposals fail to satisfy the requirements of the
Invitation for Bid;
b) Change of the objectives or scope of the investment stated
in the Invitation for Bid;
c) The Invitation for Bid fails to comply with legislation on
bidding or other relevant legislation that lead to the failure
of the selected bidder to meet requirements for performing
bidding package, project;
d) There is evidence showing the handing, taking, brokerage
of bribes, collusion with each other in bidding, fraud, using
advantage of positions, powers aiming to interfere illegally
in bidding activities that lead to the falsified result of
selecting the bidder.
36.2. Organizations and individuals infringing law on bidding that lead to
bidding cancellation (as prescribed in point c., d. in ITB 36.1) is
22
undertaken to compensate expenses for related parties and be
handled as prescribed by law.
36.3. In case of bidding cancellation specified in ITB 36.1, Vietsovpetro
shall return or release Bid Bond to bidders within 05 working days
except that bidder violates prescription in point d., ITB 36.1.
37.Notice of 37.1. Within the time-limit specified in the BDS, Vietsovpetro shall send
bidder notice of bidder selection result to bidders attending via post,
selection result facsimile and publish of bidder selection result on the national
bidding network system or bidding newspaper. Notice of bidder
selection result shall include following contents:
a) Title and number of bidding package;
b) Name of winning bidder;
c) Current contact address of winning bidder;
d) Bid winning price;
đ) Type of contract;
e) Time of contract performance;
g) List of unselected bidders and brief reason of each bidder
for not being selected.
37.2. In case of bidding cancellation as prescribed in point a, ITB 36.1,
notice of bidder selection result shall specify reason for bidding
cancellation.
37.3. After notice of bidder selection result prescribed in ITB 37.1, if
unselected bidder asks reason for not wining the bid, Vietsovpetro
shall reply the bidder in writing within 05 working days from the
date of notice of bidder selection result.
38.Change in When awarding the contract, Vietsovpetro has right to increase or decrease
volume of volume of goods and services listed in Chapter V – Scope of Supply
goods and provided that this change does not exceed the percentage specified in the
services BDS and not affect unit price or other conditions in Bid Proposal and
Invitation for Bid.
39.Notice of Bid Vietsovpetro shall send concurrently along with notice of bidder selection
Proposal result, notice of Bid Proposal acceptance and contract award including
acceptance and requirement of contract performance guarantee, time of completion and
contract award signing contract as prescribed in template 18, Chapter VIII – Contract
forms to winning bidder if bidder is verified/ascertain as capable to
perform the contract. Notice of Bid Proposal acceptance and contract
award is part of contract documents. In case the winning bidder fails to
finalise and sign contract or not to submit contract performance guarantee
within time-limit mentioned in the notice of Bid Proposal acceptance and
contract award, then that bidder shall be rejected and have no right to
receive the Bid Bond prescribed in point đ, ITB 19.5.
40. Conditions for 40.1. At time of signing contract, Bid Proposal of the selected bidder are
signing contract still valid.
40.2. At time of signing contract, the selected bidder must ensure to meet
requirements on technical and financial capability for
implementation of the bidding package. If the bidder no longer
23
meets basic requirements of capacity and experiences prescribed in
Invitation for Bid, then Vietsovpetro shall refuse to sign contract.
Vietsovpetro shall therefore cancel previous decision on approval
of bidder selection result and contract award and shall invite the
bidder who is ranked at the next position for contract negotiation.
40.3. Vietsovpetro must ensure conditions on funding for advance
payment, payment funding and other necessary conditions for
carrying out the bidding package on the schedule.
41.Contract 41.1. Before the contract comes into effect, the bidder shall provide
performance contract performance guarantee in a form of guarantee issued by a
guarantee bank or financial institution which is legally operating in Vietnam
in accordance with PCC 6.1. In case the bidder uses guarantee for
contract performance, template 20 Chapter VIII – Bidding forms or
another form accepted by Vietsovpetro shall be applied.
4.1.2. The bidder shall not be entitled for the returning of the contract
performance guarantee in the following cases:
a) The bidder refuses to perform the contract after the date the
contract comes into force;
b) The bidder violates agreements in contract;
c) The bidder delays in performing contract due to the bidder’s
fault but refuse to extend the validity of contract
performance guarantee.
42.Handling of When bidder’s rights and interests are affected, the bidder may file any
Complaints in complaint with respect to procurement process, selection result to
Bidding Vietsovpetro at address specified in the BDS. The complaints in Bidding
shall be handled in accordance with the clause 1, Chapter XII of Law on
bidding No. 43/2013/QH13 and clause 2, Chapter XIII of Decree No.
63/2014/NĐ-CP.
43.Monitoring, The bidder shall notify violations against the law on bidding to the
supervising of organization, competent persons who are in charge of monitoring and
Bidder supervision prescribed in the BDS.
selection
process
24
CHAPTER II. BIDDING DATA SHEET
25
the bid closing deadline, if bidders and investors have yet to obtain the
confirmation of information registration on the National bidding network
system, they shall not be allowed to participate in bidding for the bids or
projects under the contractor selection procedure as prescribed in Article 20,
21, 22, 23, 24, 25 and 26 of the Bidding Law.
Detailed instructions of the National bidding network system are on the
website: http://muasamcong.mpi.gov.vn
ITB 5.3 Documents Establishing the Eligibility of the Goods: Certificate of Origin
(CO) issued or authenticated by Chamber of Commerce in the exporting
country or Manufacturer’s country, Certificate of Quality (CQ)/Conformity
issued by Manufacturer and other certificates as stated in Technical
requirement...)
ITB 7.1 Requests for clarification should be received by Vietsovpetro no later than 05
working days prior to the Deadline for Bid submissions.
ITB 8.3 The Amendment of the Invitation for Bid shall be sent to all bidders who have
obtained the Invitation for Bid from Vietsovpetro. The amendment shall be
sent no later than: 03 working days before the bid submission deadline.
If Vietsovpetro fails to send the Amendment of the Invitation for Bid within the
period as specified as above, Vietsovpetro shall extend the deadline for
submission of Bids respectively.
ITB 11.10 The Bidder shall submit the following additional documents in its bid proposal:
“not required”
ITB 13.1 Bidder is allowed to submit Technical alternative.
ITB 14.2 In the detailed price quotation table, bidder shall offer prices according to the
following requirements:
For foreign bidders: the Bidders are requested to offer price on delivery term:
CFR Vietsovpetro Port, Vung Tau city, S.R. Viet Nam and in accordance
with Incoterms accompanied with appropriate amendments– if necessary as
Bidding form No. 05(a), Chapter IV- Bidding form and provide “ Incoterms
2010”. In case goods are accompanied with services, commissioning….
Bidders have to clearly state that whether the offered price includes Foreign
Contractor Withholding Tax (FCWT) as Bidding form No. 05(b). If the offered
price has not included, Vietsovpetro will calculate and add FCWT into the
offered price for comparison and evaluation. Vietsovpetro shall do necessary
procedures for tax exemption of goods.
For Vietnamese Bidders: the Bidders are requested to offer price on delivery
to Vietsovpetro warehouse, Vung Tau city, S.R. Viet Nam including all
taxes, fees and charges (if any) arisen inside Vietnam and shall be taken into
consideration exemption of import tax and VAT for imported goods from
using List of exempted goods available for Vietsovpetro in Block 09-1 as
Bidding form No. 05(a) and 05(b), Chapter IV- Bidding form.
ITB 14.5 The parts of bidding package: The bidding package has only 01 part which has
04 GROUPS. The evaluation will be based on each GROUP.
ITB 16.3 Expected operating duration of Goods (for the purpose of requirement of spare
parts, specialized tools): Not applicable
26
ITB 17.2 The documentary evidence of the Bidder’s capacity to perform the contract if
the bidder win the bid including:
Manufacturer’s License for sale or the Certificate of Partnership or similar
documents: Not applicable.
ITB 18.1 The Bid proposal shall be valid for: ≥ 90 days from the deadline for bid
submission.
ITB 19.2 Contents of Bid Bond:
The amount and currency of the Bid Bond shall be: 1.700,00 USD or
40.000.000 VND
The Bid Bond shall be valid for: ≥ 120 days from the Deadline for Bid
submission.
ITB 19.4 The Bid Bond of unsuccessful Bidders shall be returned or released in
maximum 20 days from the date of Notification of Bidder selection Result.
ITB 20.1 In addition to original of Bid Proposal, the Bidders are requested to submit: 02
copies. In case of modification or substitution of Bid Proposal or Technical
alternative, the bidders must submit the equal number of copies of
modification, substitution or Technical alternative.
ITB 22.1 Bidders shall submit their Bid Proposals to:
Recipients: Vietsovpetro
Address: 105 Le Loi Str., Vung Tau City, S.R. Vietnam
The Deadline for Bid Submission is:
Time: at 09h00 (local time)
Date: ………/…………/2021
ITB 25.1 The Bid proposal shall be opened publicly at:
Time: at 09h30 (local time)
Date: ………/…………/2021
at the following address:
Vietsovpetro
105 Le Loi Str., Vung Tau City, S.R. Vietnam
ITB 27.3 Bidders themselves can submit documents for clarification of the Bid proposal
to Vietsovpetro within 05 days, from the Deadline for Bid submission.
ITB 31.3 Specialized sub-contractor: shall not be allowed
ITB 32.3 Calculation of preferential treatment: goods that do not receive bid preferences
must add a monetary amount accounting for 7.5% of bidding price after
rectification of errors, adjustment of deviations and deduction of discounts (if
any) of these goods to the bidding price after rectification of errors,
adjustment of deviations and deduction of discounts (if any) of bidders for
comparison and ranking
ITB 33.1 Bid proposal evaluation methods:
a. Evaluation of the bidder’s capacity and experience: using Pass/Fail
criteria
b. The technical evaluation: to apply evaluation method in accordance
with evaluation criteria stipulated in Section III, Chapter III, Bid
27
Proposal Evaluation Criteria)
c. The price evaluation: to apply lowest price method for each Group in
accordance with evaluation criteria stipulated in Section IV, Chapter
III, Bid Proposal Evaluation Criteria).
ITB 33.5 Ranking of bidders: the bidder who has the lowest price for each Group after
rectification of errors, adjustment of deviation and deduction of discounts (if
any) is ranked the first.
ITB 35.5 The bidder has the lowest price for each Group after rectification of errors,
adjustment of deviation and deduction of discounts.
ITB 37.1 The Notification of Bidder selection result shall be sent within 05 days from
the date of Approval of Bidder selection result.
ITB 38 The maximum percentage by which scope of supply may be increased is: Not
applicable
The maximum percentage by which scope of supply may be decreased is: Not
applicable
ITB 42 - Employer’s address: 105 Le Loi Str., Vung Tau, S.R. Vietnam, Tel: (84 254)
3 839 871, Fax: (84 254) 3 839 857
ITB 43 Address of organization, individual in charge of supervision:
Mr. Nguyễn Quỳnh Lâm - General Director of Vietsovpetro
105 Le Loi, Vung Tau City, S.R. Viet Nam
Fax: 84-254-3839857
28
CHAPTER III: BID PROPOSAL EVALUATION CRITERIA
Section 1: Verification and evaluation the eligibility of Bid Proposal
c) Verify the consistency of contents between the original and copies for detailed
evaluation process of bidding package.
A Bid proposal is considered eligibility when it fully meets the following requirements:
b) The Application for Bidding is signed and stamped (if any) by the legitimate
representative of the bidder as required by Invitation for Bid. For consortium,
the Application for Bidding is signed and stamped (if any) by the legitimate
representatives of each member of the consortium or the authorized leader
member of the consortium sign the Application for Bidding according to
responsibilities in written agreement of consortium.
đ) The validity period of the Bid proposal must meet the requirements stipulated in
ITB 18.1
e) The Bid Bond must satisfy all the requirements as stipulated in ITB 19.3. In case
the Bid Bond is stipulated in form of a bank guarantee, the bank guarantee must
be signed by the legitimate representative of financial institution or foreign
bank's branches which is legally operating in Vietnam and specifies the value,
validity period and name of Vietsovpetro (beneficiary) as required in ITB 19.2.
Bid Bond.
29
the bidding package is divided into many independent parts, the bidder is not
named in 2 or more Bid proposals as the main bidder for the parts that bidder
participates.
h) For consortium, written agreement of consortium is signed and stamped (if any)
by the legitimate representative of each member of the consortium and the
consortium agreement must specify the detail scope of work and estimated
respective percentage that each member will implement as Bidding Form No.3,
Chapter IV, Bidding Form.
For Consortium, capacity and experience will be defined by the aggregated capacity and
experience of each member of Consortium, but it must be assured that each member of
Consortium must satisfy the requirement of capacity and experience for the volume of work
implemented by him; if any of the members in Consortium do not satisfy the capacity and
experience criteria, the Consortium will be evaluated as fail to meet the requirement on
capacity and experience.
Sub-contractors’ capacity and experience will not be considered in the evaluation of the Bid
proposal of main Bidder. The main bidders themselves must satisfy criteria on capacity and
experience (not considered the sub-contractors’ capacity and experience)
If there is no pre-qualification, the evaluation of capacity and experience will be carried out in
accordance with the following evaluation criteria, the bidders are considered “pass” the
capacity and experience requirements if they satisfy all the criteria.
The evaluation of capacity and experience will be carried out as in following tables:
Note:
1 Non
performance contracts shall include all contracts where:
30
- Non performance contracts, as concluded by employer, and were not objected by the Bidder,
- Non performance, as concluded by the employer, and were so objected by the Bidder but fully
settled against the Bidder by Arbitration or Court.
Non performance shall not include contracts where employer decision was overruled by the dispute
resolution mechanism. Non performance must be based on all information on fully settled disputes
or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution
mechanism under the respective contract or applicable law and where all appeal instances available
to the Bidder have been exhausted
3.2 Average Minimum average annual must meet must meet must meet not Form 09
Annual turnover of following requirement requirement requirement applicable
business value within the last 03 (equivalent to
activity years1: 250,000.00 the volume of
Turnover USD work
implemented)
Note:
1In case of Consortium, evaluation of the turnover criteria of each member will be based on the value,
volume of work implemented by each member.
31
____USD
Note:
3
Liquid Assets mean cash and cash equivalents, short-term financial instruments, short term
available-for-sale-securities, marketable securities, trade receivables, short-term financing receivables
and other assets that can be converted into cash within one year.
32
equipment into operation, but not
Not
later than 18 months from the date
Applicable
of delivery.
Notes
b) Other errors:
- If the Total price column is filled without the corresponding unit price, the unit price shall be
determined by dividing the total price by the quantity; if the unit price is filled in, but the total
price is missing, the total price shall be determined by multiplying the quantity by the unit
price; if one of the items has the unit price and total price filled in, but the quantity is missing,
the quantity shall be determined by dividing the total price by the unit price of that particular
item. In case the aforesaid quantity that has been additionally defined is different from the
33
quantity mentioned in the Invitation for Bid, that value difference is the deviation in the scope
of supply, which shall be adjusted under regulations specified in Step 3;
-Mistake in Unit must be corrected to meet the requirements specified in the Invitation for Bid;
-Mistakes in using comas (instead of periods) and vice versa shall also be corrected in
accordance with the written in Vietnamese customary. If Vietsovpetro determines the obvious
mistake in placing of comas and periods, 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 numbers, the amount in words shall used as a
legal basis for correction. If the amount expressed in words is incorrect, then the number
after rectification of error as stipulated in this article should be used as a legal basis for
correction.
a) In case of deviation in the scope of supply compared to the Invitation for Bid, what is
deficient shall be added, and what is redundant shall be subtracted according to respective unit
price in the Bid proposal of bidder that has deviation;
In case of deficient deviation (lack of items of work in comparison with the scope of
supply), if there is no respective unit price in the Bid proposal with deficient deviation, the
adjustment of deviation will be as follows:
The highest unit price offered for such item of Bid proposals which pass the Technical
evaluation shall be used as legal basis for adjustment of deviation. In case the Bid proposals
passed the Technical evaluation has no unit price, unit price in the value of bidding package
shall be used as legal basis for adjustment of deviation. In case not having value of bidding
package, unit price for calculating price of bidding package shall be used as legal basis for
adjustment of deviation.
In case only one bidder passes the Technical evaluation, adjustment of deviation shall
be made based on respective unit price in the Bid proposal of this bidder; In case this Bid
proposal has no respective unit price, unit price in value of bidding package shall be used. In
case not having value of bidding package, unit price for calculating price of the bidding
package shall be used as legal basis for adjustment of deviation.
b) In case bidder has discount letter, rectification of errors and adjustment of deviation shall
be made based on bidding price without discount. Percentage (%) of deficient deviation shall be
determined on basis of comparison of bidding price in Application for Bidding.
If the bidding package is divided into multiple independent parts as stipulated in ITB 33.6, to
implement as follows:
1. Bidding condition, method and amount of the Bid Bond as per ITB 14.5, 19.2 in BDS,
evaluation method and standard for bidder’s experience/capacity are in accordance with
Section 2.1 so that the bidder can consider the proposed plan basing on their ability.
34
2. The evaluation and approval of the winning of bid will be carried out on the basis that
the total proposed bid winning prices of the bidding package are lowest. The total
proposed bid winning prices shall not exceed the approved value of bidding package but
are not compared to the estimated value of each part.
3. If there is no bidder participating in one part or many parts of the bidding package or
satisfying the requirements of the Invitation for Bid, Vietsovpetro shall consider to
amend the Plan of bidder selection in the way of dividing those parts into individual
bidding packages and the value of those bidding packages shall be the estimated value
of respective parts; For parts that bidders participate and satisfy the technical
requirement, the selection of bidders must be assured the evaluation principle as
stipulated in item 2 of this Section.
4. There is one contract if only one bidder win all the parts of the bidding package. There
are many contracts if many bidders win the different parts of the bidding package.
35
CHAPTER IV: BIDDING FORM
Form 01 (a): Application for bidding (Apply in case the bidder does not offer any discount or
have a separate letter of discount)
Form No. 01 (b): Application for bidding (Apply in case the bidder offer discount in
Application for bidding)
Form No. 04 (a): Guarantee for bid participation (for independent bidder)
Form No. 04 (b): Guarantee for bid participation (for consortium bidder)
Form No.05 (a1): Bidding price schedule of goods manufactured, processed outside Vietnam
Form No. 05 (a2): Bidding price schedule of goods domestically manufactured, processed or
goods manufactured, processed outside Vietnam but already imported and being offered in
Vietnam
Form No. 06: Declaration of domestic manufacture costs of goods with bid preferential
treatments
Form No. 15: Monthly financial resources required for each contract in progress
36
Form 01 (a)
APPLICATION FOR BIDDING 1
(Apply this form in case the bidder does not offer any discount or have a separate letter of
discount)
After studying the Invitation for Bid and the documents for amendment of the Invitation for Bid
[insert the code of the amendment documents, if any] that we have received, we [insert the
name of the bidder] commit to execute [name of Bidding package] as required by the Invitation
for Bid at the total amount of [specify in number, in words, and currency of bid proposal] 2 and
the summary of bidding price.
Time for contract implementation: ………… (Total time to perform all work required in
Bidding package)3
We commit:
1. We participate as a main Bidder in only this bid proposal.
2. We are not in liquidation process or concluded bankruptcy, insolvency as stipulated in
Law.
3. We do not violate the regulation on ensuring competitive bidding.
4. We do not engage in any types of corruption, bribery, collusion with other bidders,
interference or other violations of Bidding Law when participating in this bidding
package.
5. We confirm that the information declared in the Bid proposal is true and accurate.
If our bid proposal is accepted, we will provide guarantee for contract implementation in
accordance with the ITB 41 of Invitation for Bid.
Our bid proposal shall be valid for a period of ___4 days, from date___month___year5
Legitimate representative of the bidder 6
(Specify name, title, sign and stamp)
Notes:
1
Application for bidding must be filled with sufficient and accurate information of
Vietsovpetro, Bidder, the validity’s period of Bid proposal, signed and stamped by legitimate
representative of the bidder.
2
Bid prices in Application for bidding must be specific, fixed, indicated by numbers, words and
in accordance with total bidding prices mentioned in price list. Bidders are required not to
propose different bidding prices or conditions that put Vietsovpetro in disadvantage. In case of
multiple parts, the Bidder must specify the bidding price of each part and total bidding price of
all parts that bidder participates.
3
Time for contract implementation in Application for bidding must be in accordance with
Technical proposal and completion schedule in the Bid proposal.
4
The validity period of Bid proposal shall be counted from the date of bid submission deadline
to the last date of validity period as stipulated in Invitation for Bid. From the time of bid
submission deadline until 24:00 of the date which has the deadline for bid submission is
considered as one day.
37
5
Insert the bid submission deadline as stipulated in 22.1 BDS
6
If legitimate representative of bidder authorizes the subordinate to sign the application for
bidding, the bidder must submit the Power of Attorney according to Form No.2 of this Chapter;
if the Company’s Charter / regulations or other related documents specify the assignment of
responsibilities to subordinates to sign application for bidding, the bid proposal must be
included these documents (No Power Of Attorney is required in accordance with Form No.2 of
this Chapter).
For consortium, the application for bidding must be signed by the legitimate representative of
each member of the consortium, except in Consortium agreement ( as in Form No.3 of this
chapter), the members of Consortium agree to authorize the leader member of the consortium to
sign the Application for bidding. If each member of consortium has its own authorization, apply
as for independent bidders. If the bidder wins the bidding package, the bidder must present to
Vietsovpetro the notarized/certified copy of these documents before signing contract. If the
information declared is not accurate, the bidder is considered violation of ITB 3.
38
Form 1(b)
APPLICATION FOR BIDDING 1
(Apply this form in case the bidder offer discount in Application of bidding)
After studying the Invitation for Bid and the documents for Amendment of the Invitation for
Bid [insert the code of the amendment documents, if any] that we have received, we [insert the
name of the bidder] commit to execute [name of bidding package] as required by the Invitation
for Bid at the total amount of [specify in number, in words, and currency of bid proposal] 2 and
the summary of bidding price.
In addition, we voluntarily offer a discount with amount: ____ [specify in number, in words,
and currency of bid proposal].
The bidding price after application of discount is: ____ [specify in number, in words, and
currency of bid proposal].3
Time for contract implementation: ………… (Total time to perform all work required in
Bidding package)4
We commit:
1. We participate, as a main Bidder, in only this bid proposal.
2. We are not in liquidation process or concluded bankruptcy, insolvency as stipulated in
Law.
3. We do not violate the regulation on ensuring competitive bidding.
4. We do not engage in any types of corruption, bribery, collusion with other bidders,
interference or other violations of Bidding Law when participating in this bidding
package.
5. We confirm that the information declared in the Bid proposal is true and accurate.
If our bid proposal is accepted, we will provide guarantee for contract implementation in
accordance with the ITB 41 of Invitation for Bid.
Our bid proposal shall be valid for a period of ___5 days, from date___month___year6 (specify
as the Deadline for Bid submission).
Legitimate representative of the bidder 7
(Specify name, title, sign and stamp)
Notes:
1
Application for bidding must be filled with sufficient and accurate information of
Vietsovpetro, Bidder, the validity duration of Bid proposal, signed and stamped by legitimate
representative of the bidder.
2
Bidding prices in Application for bidding must be specific, fixed, indicated by numbers, words
and in accordance with total bidding prices mentioned in price list. Bidders are required not to
propose different bidding prices or conditions that put Vietsovpetro in disadvantage. In case of
multiple parts, the Bidder must write the total bidding price of each parts and total bidding price
of all parts that bidder participates.
3 Specify discount for the whole bidding package or for one or many works, items (specify
detailed discounted works, items)
4
Duration of contract implementation in Application for bidding must be in accordance with
Technical proposal and completion schedule specified in the Bid Proposal.
39
5
The validity of Bid proposal shall be counted from the date of Deadline for bid submission to
the last date of validity period as stipulated in the Invitation for Bid. From the time of Deadline
for bid submission until 24:00 of the date which has the deadline for bid submission is
considered as one day.
6
Insert the Deadline for bid submission as stipulated in 22.1 BDS
7
If legitimate representative of bidder authorizes the subordinate to sign the application for
bidding, the bidder must submit Power of Attorney according to Form No.2 of this Chapter; if
the company’s Charter/regulations or other related documents have the assignment of
responsibilities to subordinates to sign application for bidding, the bid proposal must include
these documents (no Power Of Attorney is required in accordance with Form No.2 of this
Chapter).
For consortium, the application for bidding must be signed by the legitimate representative of
each member of the consortium, except in Consortium agreement (as in Form No.3 of this
chapter), the members of Consortium agree to authorize the leader member of the consortium to
sign the Application for bidding. If each member of consortium has its own authorization, apply
as for independent bidders. If the bidder wins the bidding package, the bidder must present to
the Employer the notarized/certified copy of these documents before signing the contract. If the
information declared is not accurate, the bidder is considered violation of ITB 3.
40
Form 02
POWER OF ATTORNEY 1
The Attorney shall lawfully perform acts within the scope of Power of Attorney as the
legitimate representative of __________(name of bidder).
This Power of Attorney is valid for the period from_______to______3 and will be made in ____
originals, _____ of which will be retained by Mandator; ______of which will be retained by
Attorney and the rest will be retained by Vietsovpetro. All original copies hereof are identical
and legally equal.
Attorney Mandator
(Signature) (Signature)
(Name, position and stamp (if any)) (Name, position and stamp (if any)
Note:
1.
The original of this Power of Attorney must be submitted to Vietsovpetro together with
the application for bidding as stipulated in ITB 20.3. Legitimate representative of bidder
gives the power of attorney to the deputy, subordinate, branch’s manager, chief of
bidder’s representative office to perform one or more above mentioned listed acts. The
stamp used in case of power of attorney can belong to the bidder or to the entity of
Attorney . The Attorney can not subsequently give this authorization to another.
2.
The scope of Power of Attorney may include one or more above mentioned listed acts.
3
.Specify the date the power of attorney come into force and expiry date, in accordance
with the bidding process.
41
Form 3
CONSORTIUM AGREEMENT 1
_____, day ___month ___year _____
Bidding package: _____ [name of bidding package]
Under the project: _____ [name of project]
- Based on 2_____ [The Procurement Law No.43/2013/QH13 dated 26/11/2013 of the National
Assembly];
- Based on 2_____ [The Decree No.63/2014/ND-CP dated 26/6/2014 of the Government
guiding the implementation of the Law on Procurement]
- Based on the Invitation for Bid ______[name of bidding package] date ___ month ___ year
______ [date recorded on the Invitation for Bid ];
We, the representatives of the parties sign the Consortium Agreement, including:
42
package ______ [write name of bidding package] under the project ______ [write name of
project], for each member as follows:
1. Leader of the consortium:
The parties agree to authorize to ______ [Write name of a party] as a leader of the consortium,
representing the Consortium in the following part of work 3:
- Signing the application of bidding;
- Sign all documents, correspondences to Vietsovpetro during the bidding process, including
the written requests to clarify Invitation for Bid, written clarification of Bid proposal, or written
requests to withdraw, modify or substitute the bid proposal;
- Performing Bid Bond on behalf of Consortium;
- Participating in the process of negotiation and finalization of the Contract;
- Signing the Bidder’s arising claims (if any);
- Other works except for signing Contract ______ [specify the detail content of other jobs (if
any)].
2. The members of the Consortium agree to assign the responsibility of members as following
table 4:
Content of assigned Respective percentage
No. Name
work to total bidding price
1 Leader of the Consortium - _____ - ___%
2 Name of member 2 - _____ - ___%
.... .... ....
All work of bidding
Total 100%
package
Article 3. Validity of Consortium Agreement
1. This Consortium Agreement valid from its signing date.
2. This Consortium Agreement shall be determined to be invalid in the following cases:
- The parties fulfilled their responsibilities, their obligations and carried out the liquidation of
the Agreement;
- The parties agree to terminate;
- The Consortium does not win the bid;
- Cancellation of bidding package ______ [Write name of bidding package] under the project
______ [Write name project] as notified by the Vietsovpetro.
Consortium Agreement is made in ____ copies, each party keeps ____ copy, each having equal
legal force and authenticity.
Note:
43
1
Depending on the size and nature of bidding package, the content of agreement as in this form
can be amended appropriately. If the bidding package is divided into multiple independent
parts, the consortium agreement must specify clearly the name, reference number of parts that
the consortium participates, specify mutual responsibility and separate responsibility of each
member in accordance with respective parts that bidder participates.
2
update in accordance with current Law and Regulation
3
The scope of authorization may include one or more above mentioned listed acts
4
Bidder must specify the detail work and the estimated percentage of respective value that each
member will implement, mutual responsibility and separate responsibility of each member,
including head member of the Consortium.
44
Form 4(a)
(BID BOND)
Beneficiary: VIETSOVPETRO,
Guarantor: ______ [Insert name and address of place of issue, unless indicated in the
letterhead]
We have been informed that ………….[insert name of the Bidder.] (hereinafter called "the
Applicant") will participate bid for execution of the bidding package____ [name of the bidding
package] under project____ [name of the project] according to Bid Invitation letter No/Bid
Announcement No.____. [insert No. of Bid Invitation letter/ Bid Announcement No].
We [name of the bank], hereinafter referred to as "the bank", pledge Beneficiary to guarantee
for the bidder to participate in bidding for this bidding package with an amount of [specify the
value in number, in words, and the currency in use].
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of [insert amount in words]
(insert amount in numbers) upon receipt a written notice from Beneficiary that bidder violates
the regulations as follows:
1. Bidder has withdrawn its Bid proposal after Deadline for Bid submission and during the
validity period of bid proposal;
2. Bidder violating Law on Bidding leads to cancellation of Bid in accordance with Point
d, ITB 36.1;
3. Bidder fails or refuses to conduct contract negotiations within 05 working days from the
date receipt of notification for negotiation of contracts by Vietsovpetro, except for force
majeure;
4. Bidder fails or refuses to conduct contract finalization within 20 working days from the
receipt date of Bid Award Notification from Vietsovpetro or bidder finalized contract
but refuses to sign contract, except for force majeure;
5. Bidder does not conduct performance bond in accordance with ITB 41.1;
45
If Applicant is selected as successful bidder: This guarantee will expire immediately if the
Applicant signs contract and submit Performance Bond to Beneficiary in accordance with
agreement in contract
If Applicant is not selected as successful bidder: This Guarantee will expire immediately after
we receive a copy of the Beneficiary’s notification to the Applicant about the result of the
Bidder selection; within 30 days after the validity period of bid proposal.
Any demand for payment under this guarantee must be received by us at the office indicated
above on or before that date.
Note:
1
Apply if Bid Guarantee is in form of Letter of Guarantee from financial institution or foreign
bank's branches which is legally operating in Vietnam
2
Insert as stipulated in BDS 19.2
3
Insert Deadline for bid submission as stipulated in BDS 22.1
46
Form No. 04 (b)
(BID BOND)
Beneficiary: VIETSOVPETRO,
105 LE LOI STR, VUNGTAU CITY, S.R. VIETNAM.
(Hereinafter referred to as the employer)
Guarantor: _____ [Insert name and address of place of issue, unless indicated in the
letterhead]
We have been informed that _______[insert name of the Bidder.] 2 (hereinafter called "the
Applicant") will participate bid for execution of the bidding package____ [name of the bidding
package] under project____ [name of the project] according to Bid Invitation letter No/Bid
Announcement No.____ [insert No. of Bid Invitation letter/ Bid Announcement No].
We [name of the bank], hereinafter referred to as "the bank", pledge Beneficiary to guarantee
for the bidder to participate in bidding for this bidding package with an amount of [specify the
value in number, in words, and the currency in use].
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ____ [insert amount in
figures, insert amount in words] upon receipt by us of the Beneficiary’s first demand in writing
accompanied by a written statement stating that the Bidder is in breach of its obligation(s)
under the bid conditions, because the Bidder:
1) Bidder has withdrawn its Bid proposal after Deadline for bid submission and during the
validity period of bid proposal;
2) Bidder violating Law on Bidding leads to cancellation of Bid in accordance with Point
d, ITB 36.1;
3) Bidder fails or refuses to conduct contract negotiations within 05 working days from the
date receipt of notification for negotiation of contracts by Vietsovpetro, except for force
majeure;
4) Bidder fails or refuses to conduct contract finalization within 20 working days from the
date receipt of Bid Award Notification from Vietsovpetro or bidder finalized contract
but refuses to sign contract, except for force majeure;
5) Bidder does not conduct performance bond in accordance with ITB 41.1.
If any member of consortium ____ [insert name of consortium] violates the Law, that leads to
the Bid Bond not to be returned as specified in ITB 19.5 of Invitation for Bids, then the Bid
Bond of all consortium members shall not be returned.
This guarantee will expire: (a) if the Applicant is the successful Bidder, upon our receipt of
47
copies of the contract agreement signed by the Applicant and the Performance Bond issued to
the Beneficiary upon the instruction of the Applicant; or (b) if the Applicant is not the
successful Bidder, upon receipt a copy of the Beneficiary’s notification to the Applicant about
the result of the Bidder selection; within 30 days after the validity period of bid proposal.
Any demand for payment under this Bid Bond must be received by us at the office on or before
that date.
Legal representative of Bank
[name, position, signature and stamp]
Note:
1
Applying in case the bid security (bank security) is a letter of guarantee of credit institutions
or foreign banks’ branches which are established under Vietnamese law. The bank is
recommended to use this Bid security (bid bond) form, in case of applying for other different
forms that violates one of following regulations: bid security has lower value than required, the
validity period of bid security is shorter than regulation prescribed in ITB 19.2, invalid name of
Beneficiary, not original and without valid signature or with the disadvantageous conditions to
Vietsovpetro, bid security shall be invalid.
2
Bidders’ name can be one of following cases:
- Name of consortium participates in bid, for instance consortium bidder A + B participates
in bid, name of bidders shall be written “Consortium bidder A + B”;
- Name of the member undertakes implementation of bid security for the entire consortium
or for other partners in consortium, for instance consortium A + B + C participates in bid,
case of the consortium agreement appointed bidder A performing bid security for whole
consortium, the name of bidder shall be “Bidder A (on behalf of consortium bidder A + B +
C), in case the consortium agreement appointed bidder B performing bid security for bidder
B and C, then name of bidder shall be written as “Bidder B (for the behalf of bidder B and
C)”;
- Name of consortium’s member perform separate the bid security;
3
Insert as prescribed in point 19.2 Bidding Data Sheet (BDS).
4
Insert date deadline for bid submission in accordance with BDS 22.1
48
Form No. 5
49
Form No. 05 (a)
1 2 3 4 5 6 7
Extended
Country Unit Price per line
Item Description of goods Unit Quantity
of origin price item
(Col. 4x6)
1 M1
2 M2
3 …
…
Total bidding price of goods including taxes, fees, charges (if any) arisen
inside Vietnam and shall be taken into consideration exemption of import tax
M=M1+M2+
and VAT for imported goods from using List of exempted goods available for
...+Mn
Vietsovpetro in Block 09-1.
(Transfer to the Summary of Bidding Price Form)
Note:
Col. (1), (2), (3), (4) Vietsovpetro specifies in accordance with List of goods stipulated in Part
2 – the scope of supply’s Requirement;
The bidder offers in Col. (5) (6) (7).
For Vietnamese Bidders: The bidder offers unit price at col. (6) as required by Vietsovpetro,
including taxes, fees, charges (if any) arisen inside Vietnam and shall be taken into
consideration exemption of import tax and VAT for imported goods from using List of
exempted goods available for Vietsovpetro in Block 09-1 but not including costs of related
services in From 05(b).
When participating in bidding, bidders have to take responsibility of researching, calculating
and offering sufficient tax, fees, charges (if any) in response to tax rates, expenses, fees at the
time 28 days prior to the stipulated deadline for bid submission .
For Foreign Bidders: the Bidders are requested to offer price on delivery term: CFR
Vietsovpetro port. In case goods are accompanied with services, commissioning…. Bidders
have to clearly state that whether the offered price includes Foreign Contractor Withholding
Tax (FCWT) as Bidding form No. 05(b). If the offered price has not included, Vietsovpetro will
50
calculate and add FCWT into the offered price for comparison and evaluation. Vietsovpetro
shall do necessary procedures for tax exemption of goods.
In case the bidder announces the bidding price not including taxes, fees, charges then the Bid
Proposal of the bidder will be rejected.
Based on the Article 7 of Intergovernmental Agreement dated 27th December 2010 between
Socialist Republic of Vietnam and Russian Federation on continuous cooperation in geological
exploration, oil and gas exploitation at continental shelf of Socialist Republic of Vietnam,
Vietsovpetro is exempted from customs duty in territory of Socialist Republic of Vietnam when
moving in/out material, equipments and goods for Vietsovpetro’s main production.
Evaluation process to compare, rank bidders is based on total value of goods including all taxes,
fees, charges (if any) arisen inside Vietnam and shall be taken into consideration exemption of
import tax and VAT for imported goods from using List of exempted goods available for
Vietsovpetro in Block 09-1.
Above-mentioned total value of goods shall be proposed bid-winning price and contract price.
Contract price will be converted to VND by Vietcombank Vung Tau Branch’s selling exchange
rate at bid closing date for Vietnamese bidders.
51
Form No. 06
Line
Name of goods Value
Item
1 Name of first goods
Bidding Price (I)
Value of taxes (including Import Taxes for
components, equipment constitute to Imported (II)
Goods, VAT and other taxes paid for goods)
Declaration of Imported Costs in goods
(III)
including fees, charges (if any)
Domestic manufacture costs G* = (I)-(II)-(III)
D(%) = G*/G(%)
Percent % domestic manufactured costs
G = (I) - (II)
2 Name of second goods
...
Note:
1
Bidder does not have to declare this form if the goods do not have status of preferential
treatment.
52
Form No. 07 (a)
Date: _____
Name:
Address:
Telephone/fax numbers:
E-mail address:
Note:
(1) In case of consortium Bidder, each consortium member must declare this form.
53
Form No. 07 (b)
Date:________
Name:
Address:
Telephone/fax numbers:
E-mail address:
1. Attached are copies of original documents of: Business Registration of Company,
Certificate of Investment, Decision of Establishment, etc.
2. Included is the organizational chart.
Note:
(1) In case of consortium Bidder, each consortium member must declare this form.
54
Form No. 08
3. Size of performance [insert size of similar contracts/ project [in accordance with
contract]
4. Other characteristics [other characteristics if necessary]
Bidders must attach copies of original documents related to contracts (confirmation from
Purchaser’s of completed contract in accordance with related content in the above table )
_____
Note:
1. In case of consortium, each member must declare according to this Form.
2. Bidders only declare the similar content with the requirements of the bidding package.
55
Form No. 12
Bidder’s name:________
Date:_____________
Non-Performed Contracts in accordance with Criteria 2.1 of Chapter III, Bid Proposal
Evaluation Criteria
Contract non-performance did not occur since 1st January 2012 specified in Chapter III, Bid
Evaluation Criteria, criterion 2.1.
Contract(s) not performed since 1st January 2012 specified in Chapter III, Bid Evaluation
Criteria, criterion 2.1.
____________________
Note:
1
Bidders must declare accurately, honestly such historical contracts non-performance;
if Vietsovpetro discovers any bidder having its historical contract non-performance
without declaration, the bidder shall be considered fraud and the Bid Proposal will be
rejected.
In case of consortium bidders, each member must declare according to this Form.
56
Form No. 13
Evaluation Criteria).
(3)
To determine average annual turnover from business activities, the Bidder will divide total turnover from
business activities in years to number of years based on supplied information.
57
Form No. 14
FINANCIAL RESOURCES1
Specify the expected financial resources, such as liquid assets2, lines of credit and other
financial resources (other than any contractual advance payments) available to meet the
financial resources requirement indicated in Form 15 in this Chapter
Financial Resources
No. Source of financing Amount (VND/USD)
1
2
3
...
Total source of financing of bidder (TSFB)
Note:
1
Every bidder or consortium member must provide his own information of financial resources
with proof of document.
The raising financial resources expected by bidder to implement the bidding package is
calculated by this formula:
FR = TSFB - RRFC
With:
- FR: the raising financial resources expected by bidder in order to implement the bidding
package;
- TSFB: total source of financing of bidder (total source of financing specified in this
form);
- RRFC: cumulative financial resources requirement for current contract commitments
(specified in Form no 15);
Bidder is evaluated as meeting requirements of the financial resources for the bidding package
if owning the expected raising financial resources to implement the bidding package (FR) at
least equal to the required value specified at Evaluation criteria 3.3 Point 2.1 Chapter III
–Criteria for technical appraisal.
In case bidders submit the written credit commitments in Bid Proposal from the credit
organizations legally operating in Vietnam, that irrevocably undertake to issue credit to bidder
in order to implement the under evaluated bidding packing with the line of credit at least equal
to the required value specified at Evaluation criteria 3.3 Point 2.1 Chapter III – Criteria for
technical appraisal during the period of executing contract, bidder shall be evaluated meeting
the requirements of the financial resources for the bidding package and do not need to declare
the information specified in this form and form no. 15.
2
Liquid Assets mean cash and cash equivalents, short-term financial instruments, short term
available-for-sale-securities, marketable securities, trade receivables, short-term financing
receivables and other assets that can be converted into cash within one year.
58
Form No. 15
Remainin Monthly
Employer’s Outstandin
Contract g Contract Financial
Name of Contact g Contract
No. Completio Period in Resources
Contract (Address, Value
n Date months Requirement
Tel, Fax) (B)3
(A)2 (B/A)
1
2
3
...
Cumulative Financial Resources Required for Current Contracts
Commitments (RRFC)
Note:
1
Bidder (or each consortium member) should provide information indicated below in order to
calculate the aggregated financial resources requirement, which equals the sum of: (i) the
Bidder’s (or each consortium partner’s) current commitments on all contracts that have been
awarded or for contracts approaching completion; (ii) financial resources requirement for
subject contract as determined by the Employer. Bidder must also disclose any other financial
obligations that could materially affect the implementation of subject contract if such contract
were to be awarded to the Bidder.
2
Remaining contract period to be calculated from 28 days prior to Deadline for bid submission.
3
Remaining Outstanding Contract Values to be calculated from 28 days prior to the Deadline
for bid submission.
59
Part 2. SCOPE OF SUPPLY REQUIREMENTS
60
Part 3. CONDITIONS OF CONTRACT AND
CONTRACT FORMS
CHAPTER VI. GENERAL CONDITIONS OF CONTRACT (GCC)
2. Order of The documents forming the Contract is arranged in the following order of
precedence precedence:
2.1 Contract, including all Appendix;
2.2 Letter of Proposal Acceptance and Contract Award;
2.3 Bidding Result Approval;
2.4 Particular Conditions of Contract (PCC);
2.5 General Conditions of Contract (GCC);
2.6 Proposal and Clarifications (if any);
61
2.7 Invitation for Bid and Bulletins (if any);
2.8 Any other document listed in the PCC.
3. Governing law The Contract shall be governed by and interpreted in accordance with the
and Language laws of the Socialist Republic of Viet Nam. The Contract shall be written
in English for foreign bidder or in Vietnamese for Vietnam bidder
5. Notice 5.1 Any notice from one Party to another relating to the Contract shall
be conducted in writing, to addresses specified in the PCC.
5.2 A notice from one Party shall be considered as effective from the
date the other Party receives it or from the effective date as
specified in the notice, whichever comes later.
6. Performance 6.1 Performance Bond shall be submitted to the Employer no later than
Bond the date specified in Letter of Proposal Acceptance and Contract
Award. Performance Bond shall be issued in an amount, validity
and formality specified in PCC.
6.2 Expiry date of Performance Bond is specified in the PCC.
8. Settlement of 8.1 The Employer and the Contractor shall make every effort to
Disputes resolve amicably by negotiation any disagreement or dispute
arising between them.
8.2 If the dispute has not been resolved by such mutual negotiation
within the specified duration in the PCC from the date on which
dispute arose, then either party may ask to commence arbitration
under the dispute resolution mechanism, as specified in the PCC.
62
10. Delivery Delivery Schedule of Goods and Completion Date of Related Services
Schedule of shall be according to Article 1, Chapter V – Scope of Supply. Contractor
Goods, has to submit invoices and/or other documents as specified in PCC.
Completion Date
of Related
Services (if any)
and
Documentations
11. Contractor’s Contractor shall supply all Goods and Related Services in accordance
Responsibilities with the Scope of Supply in accordance with GCC Clause 9, and follow
the Delivery Schedule of Goods and Completion Date of Related
Services, as per GCC Clause 10.
13. Contract 13.1 Contract Price specified in the PCC covers all expenses for
Price complete supplying Goods and Related Services stated in the
Price schedule of the Contract. The Contract Price includes all
taxes, duties and fees (if any). The Contract Price is lump-sum
and fixed during the whole performance of contract.
13.2 Price Schedule specified in Price Schedule Appendix is
considered as an integral part of the Contract, including Scope of
Supply and extended price of each item.
14. Tax Tax adjustment are carried out in accordance with PCC
Adjustment
15. Advance 15.1 The Employer shall make advance payment to the Contractor
Payment with an amount stated in the PCC upon provision of Advance
Payment Guarantee by the Contractor, with the value equal to the
advance payment. The Advance Payment Guarantee shall be
issued by a bank or credit organizations legally operating in
Vietnam and shall remain effective until the advance payment
has been repaid; the value of the Advance Payment Guarantee
shall be progressively reduced by the amounts repaid by the
Contractor. Interest shall not be applied on the advance payment.
15.2 The Contractor is to use the advance payment only for the
purpose of executing the Contract. The Contractor has to prove
that advance payment has been used for the right purpose by
providing copies of invoices or other relevant documents to the
Employer. The Contractor shall be deprived of advance payment
if advance payment is not used correctly.
15.3 The advance payment shall be repaid by deducting proportionate
amounts from other payments due to the Contractor, following
the schedule of completed works in percentages on a payment
basis.
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17. Copyright Contractor shall take full responsibility for all damages arising from a
third party’s appeal against copyright violation of intellectual property
relating to Goods supplied by Contractor to Employer.
18. Use of 18.1 Without Employer’s prior permission in writing, Contractor is
documentations not allowed to disclose Contract content, as well as technical
and information specification, drawings, types and information of Goods
relating to provided by Employer or Employer’s representatives to any
Contract people who is not related to the Contract performance. The
provision of information shall be undertaken confidentially and
within necessary scope for contract performance.
18.2 Without Employer’s prior permission in writing, Contractor
shall not use any documents, data, and other information stated
in GCC Clause 18.1 for any purposes unrelated to the contract.
18.3 Documents stated in GCC Clause 18.1 belong to Employer’s
ownership. Against request from Employer, Contractor shall
return these documents (including copies) to Employer after
accomplishing his obligations.
19. Technical Goods and Related Services supplied under this Contract shall
Specifications conform to the technical specifications and standards mentioned
and Standards in Clause 2 Section V - Scope of Supply; and when no applicable
specification or standard is mentioned, the applicable
specification or standard shall be equivalent or superior to the
official standards currently applied in the Goods’ country of
origin.
20. Packing The Contractor shall provide such packing of the Goods as is
required in the PCC and is suitable with each type of
transportation means during transit to their final destination. The
packing shall be sufficient to prevent the Goods from damage or
deterioration due to rough handling and other environmental
impacts. Packing case size and weights shall take into
consideration the conditions of transportation such as distance,
type of transport mean, infrastructure, etc. from origin to
specified destination.
21. Insurance Goods supplied in the Contract shall be fully insured to cover
losses or damages occurred in production process,
transportation, stocking and delivery as described in the PCC.
22. Conditions about Transportation and Incidental Services are specified in
Transportation the PCC.
and Incidental
Services
23. Goods 23.1 The Employer or his representative shall have the right to check,
Inspections and test and/or inspect the Goods to determine whether the Goods
Testing comply with the technical specifications under the Contract.
Content, location and method of checking, testing, inspection are
specified in the SCC.
23.2 The Employer has the right to reject any Goods or any part
thereof that fails to pass any test and/or inspection or do not
conform to the specifications. The Supplier shall either rectify or
64
replace such rejected Goods or parts thereof or make alterations
necessary to meet the specifications at no cost to the Contract. In
case Contractor could not replace or rectify inappropriate Goods,
Employer has the right to replace or rectify Goods by himself (if
necessary), with all risks and costs at Contractor’s side.
23.3 The execution of GCC Clause 23.1 and 23.2 shall not exempt
Contractor from warranty obligations or other obligations under
the Contract.
24. Indemnity With the exception for the Force Majeure cases as per GCC Clause 26,
should the Contractor fail to deliver the Goods or any part of Goods by
the date specified in the Contract, Employer shall deduct from Contract
Price an amount of the agreed and liquidated damages corresponding to
percentage of delayed work value as stated in PCC for each week or any
other agreed duration until accomplishing the delayed work. When the
total amount of agreed and liquidated damages for delay in delivery
reaches maximum percentage value as stated in PCC, Employer has the
right to terminate the Contract according to GCC Clause 29.
25. Warranty 25.1 The Contractor warrants that all the Goods supplied under
Contract are new, unused, and the quality is in accordance with
manufacture standard, unless otherwise provided in the Contract.
The Contractor further warrants that the Goods shall be free from
defects that cause problems under normal use.
25.2 Condition about warranty of the Good is specified in the PCC.
26. Force 26.1 For purposes of this Clause, “Force Majeure” means events
Majeure beyond the control and foreseeability of the parties, such as wars,
revolutions, fires, natural disaster, floods, epidemics, quarantine
restrictions.
If a Force Majeure situation arises, the affected party shall
promptly notify the other party in writing of such condition and
the cause thereof. The affected party also has to give given by
authorised organisation in the place of event.
During the Force Majeure, Contractor shall continue to perform
its obligations under the Contract as far as is reasonably
practical, and shall seek all reasonable alternative means for
performance not prevented by the Force Majeure event. In this
case, the Employer shall consider reimbursing the Contractor
necessary and reasonable additional and necessary costs beared
by the Contractor.
26.3 Neither the party shall be liable for forfeiture of its Performance,
liquidated damages, or if and to the extent that its delay in
performance or other failure to perform its obligations under the
Contract is the result of an event of Force Majeure
In case dispute arising due to Force Majeure shall be resolved
according to GCC Clause 8
27. Amendment, 27.1. Amendments to the Contract shall be applied in the following
Addendum of cases:
Contract Changes in drawings, designs, or technical requirements, where
Goods to be furnished under the Contract are to be specifically
65
manufactured for the Employer;
Addition of Scope of Supply, Goods or Related Services which
is out of specified Scope of Supply under Contract;
Changes in method of goods transportation or packing;
The place of delivery;
The schedule of delivery;
Others as stated in PCC
27.2 Employer and Contractor shall negotiate to sign Amendment
and/or Addendum of the Contract
28. Amendment Delivery Schedule shall only be adjusted in following cases:
in Delivery 28.1 In case of Force Majeure event, not related to violation or neglect
Schedule of the parties under Contract
28.2 Changes in Scope of Supply, supplying solution affecting
delivery schedule
28.3 In case changes in delivery schedule of Contract do not lead to
extending the completion schedule of the project, the parties
shall adjust based on mutual agreement. In case changes in
delivery schedule of Contract results in extension of the
completion schedule of the project, must be reported to
Employer for consideration and decision.
28.4 Other cases are defined in PCC
29. Contract 29.1 The Employer or the Contractor has the right to terminate the
Termination Contract if the other party causes a fundamental breach of the
Contract as follow:
a) The Contractor fails to deliver any or all of the work within the
period specified in the Contract, or within any extension thereof
granted by the Employer;
b) The Employer or the Contractor is made bankrupt or goes into
liquidation other than for a reconstruction or amalgamation;
c) There is evidence that the Contractor has violated one of
prohibited acts prescribed in Article 89 of the Bidding Law No.
43/2013/QH13 in the bidding process or execution of the
Contract
d) Other acts as specified in the PCC.
29.2 In case the Contract is terminated due to point a GCC Subclause
29.1, the Employer has right to sign Contract with other
contractors to perform the terminated part of Contract. The
Contractor shall be responsible for additional costs of performing
terminated part of Contract. However, Contractor still has to
perform other unterminated parts of Contract and is responsible
for warranty of his performed work.
29.3 In case the Contract is terminated due to point b GCC Subclause
29.1, the Employer shall not be responsible for any indemnity.
This termination shall not undermine Employer’s benefits under
the Contract.
66
CHAPTER VII. PARTICULAR CONDITIONS OF CONTRACT (PCC)
Unless the otherwise stated, Particular Conditions of Contract (PCC) shall be filled in by the
Employer prior to the issuance of Invitation for Bid.
GCC 1.3 The Contractor: ____ [insert name of the awarded Contractor].
GCC 2.8 Following documents are parts of the Contract: As per GCC 2.8
GCC 4 The Employer might authorises any of its duties and responsibilities to other
people.
GCC 6.2 Duration of returning Contract Performance Bond: After the Contract
finishes
GCC 7.1 The list of subcontractors: _____ [insert the list of subcontractors in
accordance with the proposed list of subcontractors as specified in the Bid
Proposal].
GCC 8.2 Time for arrangement/ conciliation of disputes: Refer to the Contract form
No.19
GCC 10 The Contractor shall provide the following information and documents
regarding to Goods transportation: Refer to the Contract form No.19
67
Employer must receive such documents before the arrival of the Goods;
otherwise the Contractor shall be liable for any arising cost.
GCC 13.1 Contract Price: ____ [insert the price as specified in the Letter of Proposal
Acceptance and Contract Award]
GCC 14 Tax adjustment: During the execution of the Contract, at the time of
payment if the tax policy changes (increase or decrease) and the Contract is
allowed for tax adjustment, and also the Contractor can provide documents
regarding to the additional tax, then the difference from change in tax
policy shall be adjusted, as stipulated in the Contract.
GCC 23.1 Inspection and test of Goods: Refer to the Contract form No.19
GCC 24 The maximum amount of liquidated damages shall be: Refer to the Contract
form No.19
GCC25.1 Other assurances for the Goods: Refer to the Contract form No.19
GCC 25.2 Requirements for warranty: Refer to the Contract form No.19
GCC 27.1(e) Other conditions related to amendment to the Contract: Not applicable
68
CHAPTER VIII. CONTRACT FORMS
This Chapter includes Contract forms which are considered as an integral part of the Contract.
69
Form No. 18
We would like to request legal representative of Contractor to finalize and sign the Contract as
following plan:
This letter is an integral part of the Contract. After receiving this letter, Contractor has to
confirm in writing to finalize, sign the Contract and submit Performance Bond as per above
mentioned requirements, in which Contractor has to commit that his current capability still
meets the requirements of Invitation for Bid. Employer has the right to refuse finalizing and
signing Contract with Contractor in case of detecting the current capability of the Contractor
does not meet the requirements of bid package.
By date ___/month__/year__1, if the Contractor does not finalize, sign the Contract or submit
Performance Bond or refuse to perform, the Contractor shall be rejected and the Bid Bond shall
be withdrawn.
70
Form No. 19
To:
Fax:
Attn.:
Subj.: PURCHASE ORDER No...........
Dear Sirs,
Thank you for your offer No. … dated …. 2021 for supply of.............. under the Bid package №
........., we are pleased to confirm this Purchase Order on the terms and conditions as follows:
This transaction is made between:
VIETSOVPETRO
AND
.............
ARTICLE 1: OBJECT
The Seller agrees to sell and the Buyer agrees to buy …. hereinafter referred to as “Goods”,
with the quantity, specification, scope of supply as described in Appendix No.1 (in........pages),
which is considered as an integral part of this Purchase Order.
ARTICLE 3: DELIVERY
3.1 Delivery date: not later than ___ months from the date of contract signing or not later
than ____months from the date of L/C opening by the Buyer/receipt of operable Letter
of Credit by the Seller.
71
3.2 Shipment to be made from …. to Vietsovpetro port on the terms CFR Vietsovpetro port/
DAP VSP’s warehouse, Vung Tau city, S.R Vietnam - Incoterms 2010, except the
otherwise stated in this Purchase Order.
Earlier shipment is allowed.
Partial shipment is allowed at Seller’s care and account.
Total ______ shipments.
Transshipment is allowed at Seller’s care and account.
The Seller shall be responsible for any extra transport, warehouse expenses and other
charges incurred in connection with sending of Goods to the other port (rather than
VSP’s port). The Buyer shall carry out all inland transportation from other port to
Vietsovpetro port and these charges will be deducted from payment by the Buyer.
3.3 The Delivery Date is understood as:
3.3.1 The date of "Bill of Lading", consign to Vietsovpetro Joint Venture, marked "Freight
prepaid", with destination to Vietsovpetro port, Vung Tau City, S.R. Vietnam, provided the
navigation period from ______ (Asia / European /USA…) Port to Vietsovpetro Petroleum
Port, Vung Tau City, S.R. Vietnam should not exceed 10/45/55 (ten / forty five / fifty five)
days from the date of Bill of Lading.
3.3.2 The date "Notice of readiness" issued by the Shipmaster on vessel's arrival date at
discharge port minus 10/45/55 days, in case the navigation period from ______ Port to
Vietsovpetro port, Vung Tau City, S.R. Vietnam exceeds 10/45/55 days. This date shall
be issued for the purpose of calculating the agreed and liquidated damages for delay in
delivery as per Article 13 of this Purchase Order.
3.4. The carrying vessel must have ISM certificate.
72
2. Detailed Packing List showing the content of each case or lot, gross and net weight:
covering Goods as specified in Appendix No. 1 to this Purchase Order: 03 originals.
3. Signed Commercial Invoice issued by the Seller for the respective shipment value
indicating term of delivery (for example: CFR Vietsovpetro port, Vung Tau city,
S.R.Vietnam) with itemized and total prices, stating the Seller’s bank detail and
account number: 03 originals and 01 copy.
4. Certificate of Quality and Quantity or Certificate of Conformity issued by the
Manufacturer/Manufacturer’s Branch for all items: 02 originals and 01 copy.
5. Certificate of Origin issued or authenticated by Chamber of Commerce of
Manufacturer’s country or Exporter’s country: 02 originals and 01 copy.
6. Test certificate issued by manufacturer for all items: 02 originals.
7. Certificates of Guarantee issued by the Seller for the quality of Goods for the period
of 12 months from issue date of Certificate of quantity & condition at VSP
warehouses: 01 original
8. Export License or Letter of the Seller stating that Export License is not necessary for
export: 01 original.
9. Seller’s telex, fax advising the shipment details (all documents in 4.2.1) to
Vietsovpetro: 01 copy and via email: xndvcang.sd@vietsov.com.vn.
10. Condition A for sea cargo for all risks clause: 01 original and 01 copy
11. Beneficiary’s certificate certifying that one set of the above mentioned documents
(from 1 to 11 including one original of AWB / Bill of Lading) have been sent to the
Buyer's address: 105 Le Loi Street, Vung Tau City, S.R Vietnam within 03 working
days from the Delivery Date by Courier's (courier's receipt must be enclosed thereto
for negotiation): 01 originals and 02 copies.
4.2.2. By L/C:
Immediately but not later than 05 working days from the Bill of lading date the Seller
shall send by Express courier or FEDEX at the Seller's expenses to Vietsovpetro - 105 Le
Loi Str., Vung Tau City, S.R. Vietnam the following shipment documents unless
otherwise stated:
1. 03 originals and 02 (two) copies of clean on board Bill of Lading evidencing
shipment from port ..... with destination Vietsovpetro port, Vung Tau city,
S.R.Vietnam, consignee: Vietsovpetro, No.105 Le Loi Street, Vung Tau City, S.R
Vietnam, marked "Freight Prepaid".
2. Detailed Packing List showing the content of each case or lot, gross and net weight:
covering Goods as specified in Appendix No. 1 to this Purchase Order: 03 originals.
3. Signed Commercial Invoice issued by the Seller for the respective shipment value
indicating term of delivery (for example: CFR Vietsovpetro port, Vung Tau city,
S.R.Vietnam) with itemized and total prices, stating the Seller’s bank details and
account number: 03 originals and 01 copy.
4. Certificate of Quality and Quantity or Certificate of Conformity issued by the
Manufacturer/Manufacturer’s Branch for all items: 02 originals and 01 copy.
5. Certificate of Origin issued or authenticated by Chamber of Commerce of
Manufacturer’s country or Exporter’s country: 02 originals and 01 copy.
6. Test certificate issued by manufacturer for all items: 02 originals.
7. Certificates of Guarantee issued by the Seller for the quality of Goods for the period
of 12 months from issue date of Certificate of quantity & condition at VSP
warehouses: 01 original
8. Export License or Letter of the Seller stating that Export License is not necessary for
export: 01 original.
9. Seller’s telex, fax advising the shipment details (Invoice value, Bill of lading/Airway
Bill’s number and date) to Vietsovpetro: 01 copy and via email:
xndvcang.sd@vietsov.com.vn.
73
10. Beneficiary’s certificate certifying that one set of the above mentioned documents (
from 1 to 10 including one original of AWB / Bill of Lading) have been sent to the
Buyer's address: 105 Le Loi Street, Vung Tau City, S.R Vietnam within 03 working
days from the Delivery Date by Courier's (courier's receipt must be enclosed): 01
copy.
All the copies of the documents shall be legible; otherwise the photocopy of the original
shall be furnished.
4.3 Any storage demurrage or other charges due to non, late receipt of shipping advice
and/or shipping documents by the Buyer from the Seller or the Seller’s agent as well as
due to incorrect shipping documents shall be at the Seller's account..
4.4 If shipment to be made through a FIATA Freight Forwarder, under Through or
Combined Transport Bill of Lading, the Seller shall have to send the Buyer by fax the
copy of the Local Bill of Lading of the last distance and inform the Buyer the name,
contract address of the Transportation Agent in Vietnam.
ARTICLE 5: PACKING
5.1. The Goods shall be packed in accordance with International / Manufacturer’s standard
with new drums to be placed on pallets. 04 drums on each pallet, to be trapped
horizontally and fixed vertically together with steels or plastic bands, shall be protected
from damages during transportation and suitable for crane operations and handling,
storage.
5.2 The Seller shall be fully responsible for loss, damage of breakage of the Goods resulting
from defective or inadequate packing.
ARTICLE 6: MARKING
6.1 Each drum shall be marked in the English language:
NAME OF GOODS
NET WEIGHT
ORIGIN
The container shall be marked in the English language:
SHIPPED: (SELLER’S NAME)
CONSIGNEE: VIETSOVPETRO, 105 LELOI STREET, VUNGTAU, VIETNAM
CONTRACT NUMBER No.
PORT OF DESTINATION
6.2 The marking must be clearly done by indelible paint and not less than 5 (five) cm high,
unless restricted by the size of the case.
6.3 The Seller shall be responsible for any kind of losses and/or damages of the Goods
during loading and unloading as well as for its transportation as a consequence of
improper or insufficient marking, as well as for any extra transportation and warehouse
expenses, losses connected with misaddressed delivery of the Goods due to incomplete
marking.
By T/T:
74
7.1 One hundred percent (100%) of shipment value shall be paid by Telegraphic Transfer
within thirty (30) days from the date of the Certificate of quantity and condition issued
by Independent Inspection Company at Buyer’s warehouse after receipt of the Goods
and a full sets of documents above mentioned in Articles 4.2.
7.2 Transfer fee shall be on the Buyer’s account.
7.3 All the banking fees, including bank commission and other charges associated with the
advising and corresponding bank shall be on the Seller’s account.
7.4 All charges in connection with the change of payment form /conditions (whether
occurred inside or outside S.R.Vietnam), due to Seller’s/Buyer’s request, shall be at the
Seller’s/Buyer’s account.
7.5 The Seller provides Seller’s bank account number
By L/C:
7.6 As soon as possible, but not later than fifteen (15) days after the date of Seller’s
reconfirmation the Buyer will open through the Bank for Foreign Trade of Vietnam,
Vung Tau Branch, (Vietcombank Vung Tau) or other bank in Vietnam the Irrevocable
and Unconfirmed Letter of Credit in favour of the Seller covering the total Purchase
Order value with the content as per Appendix 1 which is to be considered as an integral
part of this Purchase Order.
The validity of the Letter of Credit shall cover the Delivery Date plus 21 days.
7.7. Payment under this Letter of Credit shall be made for shipment and in the following
installments to the Seller:
7.7.1. First Installment: 90% (Ninety percent) of the shipment value shall be made upon
presentation of the following documents in English language by the Seller to the Bank:
1. 03 originals and 02 (two) copies of clean on board Bill of Lading evidencing
shipment from port ..... with destination Vietsovpetro port, Vung Tau city,
S.R.Vietnam, consignee: Vietsovpetro, No.105 Le Loi Street, Vung Tau City, S.R
Vietnam, marked "Freight Prepaid".
2. Detailed Packing List showing the content of each case or lot, gross and net weight:
covering Goods as specified in Appendix No. 1 to this Purchase Order: 03 originals.
3. Signed Commercial Invoice issued by the Seller for the respective shipment value
indicating term of delivery (for example: CFR Vietsovpetro port, Vung Tau city,
S.R.Vietnam) with itemized and total prices, stating the Seller’s bank detail and
account number: 03 originals and 01 copy.
4. Certificate of Quality and Quantity or Certificate of Conformity issued by the
Manufacturer/Manufacturer’s Branch for all items: 02 originals and 01 copy.
5. Certificate of Origin issued or authenticated by Chamber of Commerce of
Manufacturer’s country or Exporter’s country: 02 originals and 01 copy.
6. Test certificate issued by manufacturer for all items: 02 originals.
7. Certificates of Guarantee issued by the Seller for the quality of Goods for 12 months
from issue date of Certificate of quantity & condition at VSP warehouses: 01 original
8. Export License or Letter of the Seller stating that Export License is not necessary for
export: 01 original.
9. Seller’s telex, fax advising the shipment details (Invoice value, Bill of lading/Airway
Bill’s number and date) to Vietsovpetro: 01 copy and via email:
xndvcang.sd@vietsov.com.vn.
10. Beneficiary’s certificate certifying that one set of the above mentioned documents (
from 1 to 10 including one original of AWB / Bill of Lading) have been sent to the
Buyer's address: 105 Le Loi Street, Vung Tau City, S.R Vietnam within 03 working
75
days from the Delivery Date by Courier's (courier's receipt must be enclosed): 01
copy.
All the documents presented by the Seller to the Bank shall be duly certified by the
Seller as correct, due and payable under the terms and conditions of the Letter of
credit.
Payment for incomplete delivery will not be allowed.
7.7.2. Second Installment: Ten percent (10%) of shipment value shall be payable against
confirmation of the Buyer to the Bank within 30 days after the date of the Certificate of
quantity and condition issued by Independent Inspection Company at Buyer’s
warehouse and Invoice.
7.8 The Letter of Credit shall be subject to the Uniform Customs and Practice for
Documentary credit of International Chamber of Commerce (UCP No. 600), 2007
revision.
7.9 All the banking fees, including bank commission charges and other charges associated
with the opening bank shall be on the Buyer’s account.
7.10 All the banking fees, including bank commission charges and other charges associated
with the advising and corresponding bank shall be on the Seller’s account.
7.11 All charges in connection with the amendments of the Letter of Credit (whether
occurred inside or outside S.R. Vietnam), due to Seller’s/Buyer’s request, shall be at
the Seller’s/ Buyer’s account.
7.12 All charges associated with any extension of the Letter of credit arising due to delay
in delivery as stated in Article 3 of this Purchase Order shall be at the Seller's account.
7.13 The Letter of Credit is to be automatically cancelled within 15 days from the date of
opening, if the Buyer does not receive the original Performance Bond in favour of the
Buyer with the content as stated in Appendix 2 of this Purchase Order.
ARTICLE 9: GUARRANTEE
9.1 The Seller guarantees that the Goods supplied under this Purchase Order shall be of the
highest quality and designed standard as set in Manufacture’s country for that type of
Goods and shall meet current technological achievements as required, and shall be
suitable for normal operation in tropical area condition regarding environment
temperature up to 45 Deg.C, sea water temperature 25-30 Deg.C, humidity up to 100%
and years of Production of the Goods are 2013 or later.
9.2 Proper material of high quality shall be used for manufacturing the Goods to be supplied
under this Purchase Order, and the Seller guarantees that the Goods and its quality,
quantity shall be fully in compliance with the technical specifications and scope of
supply as mentioned in Appendix No1 to this Purchase Order.
9.3 The Seller guarantees normal operation of all Goods to be supplied under this Purchase
Order over 12 months from the date of the Certificate of Quantity and Condition issued
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by Independent Inspection Company at Buyer’s warehouse, but not later than 18
months from the date of delivery, whichever comes first.
9.4 Should the Buyer reveal any defect within the guarantee period or if the quality of
Goods supplied under this Purchase Order is not in compliance with terms and
conditions of this Purchase Order and its appendixes, the Buyer shall notify the Seller
by telex/ fax of such defect. To substantiate the claims the Buyer shall submit to the
Seller the official survey report issued by Independent Inspection Company. The survey
report issued by Independent Inspection Company shall be legal document for Buyer to
make claim to the Seller.
Any claim relating to defects or non-conformity, which occurred during the guarantee
period of the Goods with the technical conditions as stated in the Appendix No.1 shall
be submitted to the Seller not later than three months after expiration of the guarantee
period.
9.5 The Seller shall inform the Buyer about the results of consideration of claim not later
than 10 days after receipt of the Buyer’s claim telex/fax and the Seller shall eliminate
the revealed defects, at his own expenses, at the Buyer’s first request without any delay,
but not later than 15 days after receipt of the Buyer’s claim telex/fax and/or replace the
defective parts or the missing parts by the new ones of good quality on the condition
.........-Vung Tau Petroleum port, Vung Tau city, (or ........- Tan Son Nhat airport),
S.R.Vietnam. All charges associated with return of the defective Goods to the Seller and
delivery the new one to Buyer shall be at the Seller’s account.
9.6 Should the Seller fail to eliminate the defects as claimed, or fail to deliver new Goods
within the stipulated time in Article 9.5, the Buyer shall charge to the Seller the agreed
and liquidated damages at the rate as per Article 10, the period of the above penalty
shall be counted from the date of which the Seller receives the Buyer’s official claim to
the date of elimination of the defects or to the delivery date of the new replacement
Goods minus 15 days or the Buyer shall have the right to eliminate such defects at the
Seller’s expenses without prejudice to its right in respect of the guarantee, and the Seller
undertakes to defray at fist Buyer’s request all actual expenses incurred in respect of
such elimination and the agreed and liquidated damages at the rate 08% value of non
used Goods due to defect found. Small defects not requiring the Seller’s participation
and/or permitting no delay will be eliminated by the Buyer and charged at normal costs
to the Seller.
9.7 The guarantee period for replaced part shall be equal to that indicated in Article 9.3 and
the guarantee period for Goods will be extended by the time during which it was not
used due to defect found.
9.8 When the elimination and/or replacement is made and all related costs, expenses are
settled, the claim is to be considered as finally settled.
All the claim amount, for which the Seller is to be responsible to the Buyer under this
Purchase Order may be deducted by the Buyer from the payment of the Purchase Order
value or may be covered by act of law or otherwise from the Seller to be agreed by both
parties.
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Delay in each following week: 1.50% of shipment value per week.
The total amount of agreed and liquidated damages for delay in delivery shall not
exceed 08% of shipment value.
10.2 When calculating the amount of the agreed and liquidated damages: One week is to be
defined as 07 days with 04 days or more than 04 days to be considered as one week, 03
days and less will not be counted.
10.3 For the Goods selected by Group, should the Seller fail to deliver any item of the Group,
the Seller shall pay to the Buyer the agreed and liquidated damages as follows:
- The Buyer shall have the right not to receive the other items of the Group and the
Seller shall undertake to pay the Buyer the agreed and liquidated damages at the
rate of 08% of the whole Group’s value; or
- Still the Buyer might receive the other items of the Group, however the Seller shall
undertake to pay the Buyer the agreed and liquidated damages at the rate of 08% of
the whole Group’s value.
10.4 Within 07 working days from the date of the Seller’s receipt this Purchase Order, the
Seller is to reconfirm its acceptance of the Purchase Order to the Buyer. Should the
Seller fail to accept the Purchase Order in time as stipulated, the Buyer shall have the
right to cancel the Purchase Order at any time and withdraw the Bid Bond without
recourse to the law court or to arbitration.
10.5 The Seller undertakes to pay the Buyer the agreed and liquidated damages at the rate of
08% of the Purchase Order value and the Buyer shall have the right to withdraw the
Performance Bond or deduct from the payment of the other Purchase Orders or
otherwise without recourse to the law court or to arbitration in following cases :
10.5.1 Should the Seller fail to perform this Purchase Order after Seller’s reconfirmation.
10.5.2 If delay in delivery of the Goods exceeds two months against the stipulated date as
stated in Article 3 of this Purchase Order, except the Force majeure circumstances, the
Buyer shall have the right to cancel the Purchase Order at any time.
10.5.3 Should the Export license not be obtained by the commencement of the delivery, or be
canceled by the appropriate authorities of the Seller’s country before the completion of
the Purchase Order, or in case its validity expires, the Buyer has the right to cancel the
Purchase Order at any time.
10.5.4 Should the supplied Goods do not conform to the Purchase Order, the Buyer shall be
entitled to refuse those Goods and payment.
10.6 Should not advise delay in shipping advice or delay in documents delivery and
non-legible shipping documents stipulated as per Articles 4 of this Purchase Order, the
Seller shall pay the agreed and liquidated damages and all other charges in connection
with Seller’s negligent.
10.7 The rate of the agreed and liquidated damages is not subject to any alteration by
arbitration. The amount of the agreed and liquidated damages is to be deducted by the
Buyer from the Seller’s invoices while effecting the payment. Should the Buyer fail to
deduct the sum of money of the agreed and liquidated damages from Seller’s invoices,
the Seller has to pay in immediately, but not later than 30 days from the Buyer’s first
request.
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the issuance of the Performance Bond covering three percents (03%) of the Purchase
Order amount, issued by Vietcombank, Vungtau Branch or the First Class International
Bank, acceptable to the Buyer, informing the number, date of issue and full content. In
case the Performance Bond issued by the First Class International Bank, the Seller shall
ensure that the issuing Bank will send to the Buyer the original Performance Bond
through Vietcombank Vung Tau Branch.
The content of the Performance Bond shall be in conformity with the Appendix 2 of
this Contract.
All costs relating to the Performance Bond shall be at Seller’s account.
11.2. Should the Buyer not receive the valid, satisfactory Performance Bond within 30 days
from the Purchase Order signing date, the Buyer has the right to cancel the Purchase
Order any time and withdraw the Bid Bond without recourse to the law court or to
arbitration.
11.3 Should the validity of the Performance Bond be required to be extended (due to delay or
extension of Delivery Date of Goods) Seller shall immediately instruct the Issuing Bank
to make amendment to the Performance Bond. Such amendment shall be advised by the
Issuing Bank to Buyer through Vietcombank Vung Tau Branch.
11.4. Should the Buyer make use of Performance Bond, it will immediately send to the Seller
copy of declaration to the bank.
79
Hanoi, S.R.Vietnam under the Rules of this Centre.
13.4 The number of arbitrators shall be one.
13.5 Decision of the arbitration shall be final and binding upon both parties.
We confirm that all of above mentioned terms and conditions of this Order are considered as
terms and conditions of a Contract signed by and between two our companies.
Best Regards,
For Vietsovpetro
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Appendix No. 1 to the Purchase order No……….
This appendix is based on requirements stated in the Invitation for Bid, Bid Proposal and
agreements achieved during negotiations and finalizing contract including price (extended
price). Price (extended price) has included all tax, fees and charges (if any) in accordance with
tax rate, fee and charge at the time of 28 days prior to deadline for submission of bid proposal.
PRICE SCHEDULE
1 2 3 4 5 6 7
Origin,
Manufacturer, Unit
No. Description Unit Qty Extended Price
Code, Part Price
(Column 4x6)
number
1 Item 1 M1
2 Item 2 M2
....
n Item n Mn
Total price in CFR Vietsovpetro port
Taxes, fees and charges (if any)
Total price (including taxes, fees and charges (if any) M=M1+M2+...+Mn
1 2 3 4 5 6
Extended
Price
Description Quantity Unit Location Unit Price
(Column
2x5)
Total price (including taxes, fees and charges (if any)) (I)
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Appendix No. 2 to the Purchase order No.
As per request of _____ [name of the Contractor] (hereinafter referred to as the Contractor)
awarded the bidding package of _____ [name of the bidding package] and commits to sign the
contract for provision of Goods for the bidding package (hereinafter referred to as the
Contract).
According to the conditions of the Invitation for Bid (or Contract), the Contractor shall submit a
bank guarantee with a specified amount of money to ensure his obligations and liabilities under
the Contract.
We, ________ [name of the bank] in _____ [Enter the name of a country or a territory] with
the registered office at ______ [address of the bank] (hereinafter referred to as "the Bank"),
pledge to guarantee for the Contract performance of Contractor with an amount of _____
[specify the value in number, in words, and the currency in use stated in PCC Clause 6.1].
We commit to pay irrevocably and unconditionally the Employer any amount of money within
the limit of ______ [insert the guaranteed amount] as mentioned above, upon receipt the
Employer’s written statement, informing that Contractor has breached the Contract in the
period of validity of the Performance Bond.
This Performance Bond will be effective from the issued date until the end of day ___ month
___ year ____.
Note:
1
Only applicable in case the guarantee of Contract implementation is Letter of Guarantee from
a bank or a financial institutions.
2
If the guarantee bank requires signed Contract for granting the guarantee letter, the above
paragraph can be amended as follows:
At the request of _____ [Enter the name of Contractor] (hereinafter called as the Contractor) as
the awarded Contractor of _____ [Enter the name of bid package] signed Contract No. _____
[Enter the Contract number] day ___ month ____ year___ on the provision [description of
goods] (hereinafter called as the Contract).
3
Bank address: Specify the address, phone number, fax number, e-mail to contact.
4
State the validity duration in accordance to PCC Clause 6.1
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Appendix No. 3 to the Purchase order No.
PAYMENT CONDITIONS:
Payment under this Letter of Credit shall be made for shipment and in the following installments:
I. First Installment: 90% (Ninety percent) of the shipment value shall be made upon
presentation of the following documents in English language by the Seller to the Bank:
1. 03 originals and 02 (two) copies of clean on board Bill of Lading evidencing
shipment from port ..... with destination Vietsovpetro port, Vung Tau city,
S.R.Vietnam, consignee: Vietsovpetro, No.105 Le Loi Street, Vung Tau City, S.R
Vietnam, marked "Freight Prepaid".
2. Detailed Packing List showing the content of each case or lot, gross and net weight:
covering Goods as specified in Appendix No. 1 to this Purchase Order: 03 originals.
3. Signed Commercial Invoice issued by the Seller for the respective shipment value
indicating term of delivery (for example: CFR Vietsovpetro port, Vung Tau city,
S.R.Vietnam) with itemized and total prices, stating the Seller’s bank detail and
account number: 03 originals and 01 copy.
4. Certificate of Quality and Quantity or Certificate of Conformity issued by the
Manufacturer/Manufacturer’s Branch for all items: 02 originals and 01 copy.
5. Certificate of Origin issued or authenticated by Chamber of Commerce of
Manufacturer’s country or Exporter’s country: 02 originals and 01 copy.
6. Test certificate issued by manufacturer for all items: 02 originals.
7. Certificates of Guarantee issued by the Seller for the quality of Goods for 12 months
from issue date of Certificate of quantity & condition at VSP warehouses: 01 original
8. Export License or Letter of the Seller stating that Export License is not necessary for
export: 01 original.
9. Seller’s telex, fax advising the shipment details (Invoice value, Bill of lading/Airway
Bill’s number and date) to Vietsovpetro: 01 copy and via email:
xndvcang.sd@vietsov.com.vn.
10. Beneficiary’s certificate certifying that one set of the above mentioned documents (
from 1 to 11 including one original of AWB / Bill of Lading) have been sent to the
Buyer's address: 105 Le Loi Street, Vung Tau City, S.R Vietnam within 03 working
days from the Delivery Date by Courier's (courier's receipt must be enclosed thereto
for negotiation): 01 copy.
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II. Second Installment: Ten percent (10%) of shipment value shall be payable against
confirmation of the Buyer to the Bank within 30 days after the date of the Certificate of quantity
and condition issued by Independent Inspection Company at Buyer’s warehouse.
The Letter of Credit shall be subject to the Uniform Customs and Practice for Documentary
credit of International Chamber of Commerce (UCP No. 600), 2007 revision.
All the banking fees, including bank commission charges and other charges associated with the
opening bank shall be on the Buyer’s account.
All the banking fees, including bank commission charges and other charges associated with the
advising and corresponding bank shall be on the Seller’s account.
All charges in connection with the amendments of the Letter of Credit (whether occurred inside
or outside S.R. Vietnam), due to Seller’s/Buyer’s request, shall be at the Seller’s / Buyer’s
account.
All charges associated with any extension of the Letter of credit arising due to delay in delivery
as stated in Article 3 of this Contract shall be at the Seller's account.
COVERING:
Scope of supply, specifications, Quantity and Prices are in accordance to Appendix No. 1 of
Purchase Order No. ______
SHIPMENT:
Shipment to be made from ______ Port to Vietsovpetro port, Vung Tau City, S.R. Vietnam on
the terms of ........... - Incoterms 20...
Delivery Date: not later than 17 weeks from the date of opening L/C.
Earlier shipment is allowed
Partial shipment is allowed.
Total ______ shipments.
Transshipment is allowed at Seller’s care and account
The Delivery Date is understood as the date of "Bill of Lading", consign to Vietsovpetro,
marked "Freight prepaid", with destination Vietsovpetro port, Vung Tau City, S.R. Vietnam.
PACKING AND MARKING: As per Purchase Order No. __ dated ________
SPECIAL CONDITIONS:
Agreed and liquidated damages for delay of delivery:
Shipment after above stated delivery date is allowed but not exceeds two months. For Bill of
Lading dated after delivery date, Buyer's Bank is authorized to deduct the agreed and liquidated
damages amount as late shipment as follows:
- Delay in the first four weeks: 1.00 % of shipment value per week.
- Delay in each following week: 1.50 % of shipment value per week.
One week is to be defined as 07 days, 04 days or more than 04 days to be considered as one
week, 03 days and less will not be counted.
Total agreed and liquidated damage amount does not exceed 8% of shipment value.
The Letter of Credit is to be automatically cancelled within 15 days from the date of opening, if
the Buyer does not receive the original Performance Bond in favour of the Buyer with the
content as stated in Appendix No. 2 of this Purchase Order.
84
(FOR VIETNAMESE CONTRACTOR)
HỢP ĐỒNG
Số: ____
Căn cứ vào nhu cầu của Liên doanh Việt-Nga Vietsovpetro và khả năng cung cấp của Công ty
____
Hôm nay, ngày _____tháng ___ năm ____, các bên gồm:
BÊN B:
Hai bên thống nhất ký kết hợp đồng với các điều khoản sau:
85
ĐIỀU 3. Quy cách, số lượng, chất lượng hàng hóa
3.1 Quy cách, số lượng, chất lượng, chủng loại, ký mã hiệu, hãng sản xuất, nước sản xuất, năm
sản xuất và những thông số khác của hàng hóa do Bên B cung cấp phải phù hợp với quy định
nêu trong Phụ lục số 1 của Hợp đồng này. Hàng hóa được sản xuất năm ___, mới 100% và
trong tình trạng sử dụng tốt.
3.2 Hồ sơ kèm theo hàng hóa gồm:
Chứng chỉ xuất xứ (CO) do phòng thương mại của nước sản xuất hoặc nước xuất
khẩu hàng cấp (bản gốc)
Chứng chỉ số lượng và chất lượng (CQ) do nhà sản xuất cấp (bản gốc)
Chứng chỉ kiểm tra (Test certificate) do nhà sản xuất cấp (bản gốc)
Chứng chỉ bảo hành của Bên B bảo hành 12 tháng kể từ ngày giao hàng (bản gốc).
Tờ khai hải quan hàng hóa nhập khẩu (bản copy)
Tài liệu kỹ thuật của hàng hóa (nếu có).
Hồ sơ mời thầu của Bên A và Hồ sơ dự thầu của Bên B cho gói thầu là tài liệu tham chiếu
về kỹ thuật cho hàng hóa của hợp đồng này.
86
để Bên A thanh toán cho Bên B.
4.9 Trong trường hợp cần thiết, bằng chi phí của mình, Bên A (giao cho Xí nghiệp Dịch vụ)
có quyền trưng cầu cơ quan giám định độc lập tham gia giám định hàng hóa. Trong vòng
3 ngày làm việc kể từ khi kết thúc giám định, cơ quan giám định độc lập cung cấp Chứng
thư giám định tình trạng và số lượng hàng hóa. Chứng thư giám định hàng hóa là căn cứ
pháp lý để Bên A khiếu nại Bên B.
87
trong đó ghi rõ kết luận về nguyên nhân gây ra hư hỏng, xác định trách nhiệm thay thế cái
mới/sửa chữa các hư hỏng đó thuộc về bên nào và thời hạn thay thế/sửa chữa làm căn cứ
pháp lý trong thực hiện hợp đồng này.
6.3 Tùy mức độ hư hỏng, nhưng không quá 15 ngày lịch kể từ ngày có kết luận về nguyên
nhân hư hỏng, sai sót về chất lượng hàng hóa do lỗi của Bên B thì Bên B phải tiến hành
sửa chữa các sai sót về chất lượng hoặc đổi lại hàng mới cho Bên A.
6.4 Trong thời hạn 07 ngày lịch kể từ ngày nhận được thông báo của Bên A, nếu Bên B không
trả lời thì coi như đã chấp nhận có sai sót về chất lượng hàng do lỗi của mình và có trách
nhiệm phải sửa chữa các sai sót đó hoặc đổi lại hàng mới ngay trong vòng 15 ngày kể từ
ngày nhận được thông báo của Bên A.
6.5 Nếu Bên B tiến hành sửa chữa hoặc đổi lại hàng mới bị chậm so với thời hạn qui định ở
mục 6.2 và 6.3 của hợp đồng này thì Bên B phải chịu phạt theo mức phạt giao hàng chậm
như qui định ở mục 5.1 của hợp đồng này.
6.6 Trong thời hạn quy định trên tại điều 6 của hợp đồng này, nếu Bên B không tiến hành
khắc phục (sửa chữa các sai sót về chất lượng do lỗi của mình hoặc đổi lại hàng mới) thì
Bên A có quyền tiến hành khắc phục (sửa chữa và/hoặc thay mới) và Bên B phải hoàn trả
lại cho Bên A toàn bộ chi phí khắc phục, đồng thời phải chịu phạt 8% giá trị của mặt hàng
này. Cách thức Bên A thu hồi tiền phạt từ Bên B quy định tại điều 5.7 của hợp đồng này.
6.7 Hàng hóa sau khi được Bên B sửa chữa và thay thế trong thời kỳ bảo hành sẽ được Bên B
bảo hành lại 12 tháng kể từ ngày bàn giao (có biên bản giao nhận hàng như quy định tại
điều 4.8 của hợp đồng này).
88
8.1 Trong vòng 07 ngày làm việc sau ngày ký hợp đồng (ghi tại trang 01 của hợp đồng), Bên
B phải nộp giấy bảo lãnh thực hiện hợp đồng (Phụ lục số 3 của hợp đồng này) được cấp
bởi Ngân hàng có uy tín. Giá trị Bảo đảm thực hiện hợp đồng bằng ____ tổng giá trị hợp
đồng. Giấy bảo lãnh này có hiệu lực bằng thời hạn giao hàng quy định tại mục 4.1 hợp
đồng này cộng thêm 60 ngày lịch.
8.2 Mọi chi phí liên quan đến việc phát hành giấy bảo lãnh thực hiện hợp đồng do Bên B chịu.
8.3 Trong thời gian quy định tại mục 8.1 nêu trên, Bên B phải nộp bản gốc bảo lãnh thực hiện
hợp đồng cho Bên A.
8.4 Bên B không được nhận lại Bảo đảm thực hiện hợp đồng trong trường hợp Bên B từ
chối/không thực hiện hợp đồng sau khi ký hợp đồng.
8.5 Trong trường hợp Bên B vi phạm trách nhiệm thực hiện hợp đồng theo quy định tại hợp
đồng này thì khoản tiền bảo đảm được Bên A dùng để khấu trừ tiền phạt.
8.6 Bên B phải ngay lập tức yêu cầu Ngân hàng phát hành giấy bảo lãnh thực hiện hợp đồng
thực hiện sửa đổi giấy Bảo đảm thực hiện Hợp đồng trong trường hợp cần gia hạn thời
gian hiệu lực của Bảo lãnh này vì lý do chậm giao hàng hoặc gia hạn thời hạn giao hàng,
đồng thời gửi ngay cho Bên A giấy Bảo lãnh đã gia hạn hiệu lực.
89
ĐIỀU 11: Các điều khoản khác
11.1 Những điều không quy định hoặc quy định không đầy đủ trong Hợp đồng này sẽ căn cứ
vào luật pháp Việt Nam hiện hành.
11.2 Bất kỳ sửa đổi, bổ sung nào đối với hợp đồng này đều phải được hai bên thỏa thuận bằng
văn bản.
11.3 Không bên nào được chuyển quyền và nghĩa vụ của mình theo hợp đồng này cho bên thứ
ba mà không được sự đồng ý trước bằng văn bản của bên kia.
11.4 Các tài liệu cấu thành Hợp đồng được sắp xếp theo thứ tự ưu tiên sau đây:
(1) Hợp đồng, kèm theo các phụ lục hợp đồng;
(2) Thư chấp thuận Hồ sơ dự thầu và trao hợp đồng;
(3) Quyết định phê duyệt kết quả lựa chọn nhà thầu;
(4) Điều kiện cụ thể của hợp đồng;
(5) Điều kiện chung của hợp đồng;
(6) Hồ sơ dự thầu và các văn bản làm rõ Hồ sơ dự thầu của Nhà thầu;
(7) Hồ sơ mời thầu và các tài liệu sửa đổi hồ sơ mời thầu (nếu có);
(8) Các tài liệu khác quy định tại Điều kiện cụ thể của hợp đồng.
11.5 Hợp đồng này có hiệu lực kể từ ngày Ngân hàng Bên B mở bảo lãnh thực hiện Hợp đồng
(ngày hiệu lực của bảo lãnh) và hoàn thành việc ký Hợp đồng nhưng không muộn hơn 7
ngày làm việc so với ngày được ghi trên Hợp đồng và tiếp tục cho đến khi hai bên thực
hiện hết trách nhiệm của mình như quy định trong hợp đồng.
11.6 Hết thời hạn hiệu lực của hợp đồng, nếu hai bên không có khiếu nại gì coi như hợp đồng
đã được thanh lý.
11.7 Hợp đồng gồm ___ trang và 03 Phụ lục, được lập thành 05 bản bằng tiếng Việt (có sử
dụng tiếng Anh mô tả hàng hóa tại Phụ lục số 1), các bản có giá trị pháp lý như nhau, Bên
A giữ 03 bản, Bên B giữ 02 bản.
90
PHỤ LỤC SỐ 01
91
BẢNG 1 (A): HÀNG HOÁ, SỐ LƯỢNG, QUY CÁCH PHẨM CHẤT, GIÁ CẢ.
Tổng giá trị hàng hóa theo điều kiện hàng giao tại kho Vietsovpetro tại
Vũng Tàu
(Giá trị hàng hóa trên đã bao gồm thuế GTGT và thuế, phí, lệ phí phát sinh trên
lãnh thổ Việt Nam. Bên B sẽ sử dụng Hạn mức nhập khẩu của Bên A để làm
thủ tục miễn thuế nhập khẩu hàng hóa.)
(Kết chuyển sang bảng tổng hợp giá trị hợp đồng)
92
PHỤ LỤC SỐ 02
MẪU BẢO ĐẢM THỰC HIỆN HỢP ĐỒNG
Ngân hàng _______________ (tên ngân hàng) có trụ sở tại __________ (ghi địa chỉ của
ngân hàng).
Do công ty ……. cam kết thực hiện việc cung cấp …… và theo yêu cầu của Liên doanh
Việt-Nga Vietsovpetro là Công ty …. phải nộp giấy bảo lãnh của ngân hàng với số tiền là …
VND (….. đồng) để đảm bảo trách nhiệm của Công ty …. trong thời gian thực hiện hợp đồng đã
ký.
Chúng tôi đồng ý cấp cho Công ty …. giấy bảo lãnh này và khẳng định chúng tôi thay
mặt cho Công ty … chịu trách nhiệm trước Liên doanh Việt-Nga Vietsovpetro với số tiền bảo
đảm ….VND để bảo lãnh cho việc thực hiện hợp đồng số …ký ngày … về cung cấp hàng
hóa….
Khi nhận được văn bản yêu cầu của Liên doanh Việt-Nga Vietsovpetro và không cần
bất kỳ sự giải thích nào, chúng tôi cam đoan sẽ trả cho Liên doanh Việt-Nga Vietsovpetro với số
tiền bảo đảm là …VND.
Giấy bảo lãnh này có hiệu lực … tháng kể từ ngày phát hành nêu trên.
93
PHỤ LỤC SỐ 03
Thủ trưởng đơn vị đặt hàng Giám đốc XNDV Cảng & Cung ứng VT ТB
Директор пред–я заказчика Директор ПОСОМ
Mẫu phân tích các mặt hàng No được lấy tại - Образец товара получен на складе:
………………………………………………Ngày…….tháng……….năm 20….
Người lấy mẫu: - Лаборант:………………………… Chức vụ - Должность
Đối với những mặt hàng lấy mẫu phân tích nêu trên thì hàng chỉ chuyển chủ từ bên giao sang
bên nhận. Sau khi có kết quả phân tích mẫu đạt yêu cầu như mẫu chào hàng. Trong thời gian
94
chờ kết quả phân tích mẫu, bên nhận (XNDV hoặc đơn vị đặt hàng) nhận giữ hộ.
ĐẠI DIỆN BÊN GIAO KÝ TÊN - Подписи ĐẠI DIỆN BÊN NHẬN
Представители поставщика: Представители получателя:
Xác nhận chất lượng của phòng thí nghiệm hoặc đơn vị đặt hàng (nếu có) - Справка
лаборатории (заказчика) по качеству
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
………………Đại diện phòng thí nghiệm (Hoặc đơn vị đặt hàng ) - Представитель
лаборатории (заказчика)
Họvà tên - Фамиля............................................... Ký tên: Подпись
Ngày……..tháng……..năm 20….
Kiểm tra và xác nhận: Các mặt hàng nêu trên có số lượng, ký mã hiệu, xuất xứ hàng hóa, chứng
chỉ chất lượng & được kiểm tra chất lượng v.v. phù hợp với các quy định của hợp đồng (Biên
bản) Заключение:
Состояние товаров. Количество марки. Место происхождения. Сертификат по качеству
и проверка качества....выщеуказнных товаров соответствуют условиям Договора:
95
Part 4. ATTACHMENTS
96
TECHNICAL REQUIREMENTS
ТЕХНИЧЕСКИЕ ТРЕБОВАНИЯ
YÊU CẦU KỸ THUẬT
V/v: Cung cấp “Thiết bị và vật tư cho Cải hoán hệ thống đo dầu trên CTK-3, MSP1 và
MSP4”
Обеспечение “ Оборудование и материалы для модернизации системы учета нефти
ЦТК-3, МСП-1, МСП-4”
Provision of “Equipment and materials for Modernization Metering unit of Crude
Oil on CTK-3, MSP-1, MSP-4”
2/16
3. DANH MỤC CÁC VẬT TƯ CẦN CUNG CẤP – ПЕРЕЧЕНЬ ПРЕДСТАВЛЯЕМЫХ МАТЕРИАЛОВ - LIST OF
MATERIALS TO BE PROVIDED:
3/16
Tên VTTB/dịch vụ hàng
Đặc Tính Kỹ Thuật ĐVT Số Lượng
STT hóa Các chứng chỉ: CO, CQ
Технические характеристки Ед.изм Кол-во
П/п Наименование
Long description Unit Quantity
Certificates: CO, CQ
МТР/услуг
(1) (2) (3) (4) (5) (5)
Ingress Protection: IP-20 min;
Hazard Protection: not required;
Power Supply: 220 VAC,50 Hz;
ACCESSORIES
- Panel Mounting Kit;
- Nameplate: 316 SS;
- Manufacture specifications, Calculation results, data sheet,
installation/hook-up documentation, operator manual, ordering part
number list shall be attached.
- Dimensons: Compatible with Drawing No.: MSP1.BK7-160-
TS-PI1-LD-001
CORIOLIS FLOWMETER
GENERAL
Suitable for marine tropical environment, ambient temperature 40
deg C max, humidity 100%
Class 1, Division 2, Group D, outdoor area
Coriolis flowmeter/ PROCESS DATA
Кориолисовый Service: CRUDE OIL
2 расходомер, Tag: FE- set 2 CO/eCO, CQ: Original
0902A/FQTR-0902A; FE- Description Design Operating
0902A/FQTR-0902A
Pressure, Barg 60 10-60
Temperature (deg C) 0-80 60-78
Flow case, (kg/day) Min: 648000-664800
- Norm: 4455000-
4570500
4/16
Tên VTTB/dịch vụ hàng
Đặc Tính Kỹ Thuật ĐVT Số Lượng
STT hóa Các chứng chỉ: CO, CQ
Технические характеристки Ед.изм Кол-во
П/п Наименование
Long description Unit Quantity
Certificates: CO, CQ
МТР/услуг
(1) (2) (3) (4) (5) (5)
Max: 8910000-
9141000
Density (кg/m3) - 810-831
Viscosity (mPa·s) 50оС – 4,180
-
70оС – 2,636
FLOWMETER
Element Type: CORIOLIS for liquid;
Wetted parts material: 316 SS;
Process Connection: flange 6-inch, #600, RF;
Built basic processor in a stainless steel enclosure with 4-wire
configuration.
С/w 4-wire cable Micro Motion (10 m) with cables glands.
TRANSMITTER
Transmitter: Multi-variable, LCD, remote mounting; Software
configuration: Net Oil (based on lab defined fluid properties); Zero
verification confirms the calibration and indicates when it’s time to
re-zero the meter; Smart Meter Verification
Range: VTA;
Calibration span: 0 (lowest possible)-387500 kg/hours;
Allowable Pressure Drop: 1,5 bar;
Input signal: 4-20 mA HART for external watercut meter;
Output signal: RS-485 Modbus RTU; Pulse;
Accuracy: 0,15% of Rate or better;
Housing material: 316 SS or Polyurethane-painted cast aluminum;
Ingress Protection: IP-56 min; Hazard Protection: ATEX Ex d IIA
5/16
Tên VTTB/dịch vụ hàng
Đặc Tính Kỹ Thuật ĐVT Số Lượng
STT hóa Các chứng chỉ: CO, CQ
Технические характеристки Ед.изм Кол-во
П/п Наименование
Long description Unit Quantity
Certificates: CO, CQ
МТР/услуг
(1) (2) (3) (4) (5) (5)
T3;
Power Supply: 220VAC, 50 Hz;
Electrical Connection: ½” NPT-F;
Accessories
- Nameplate: 316 SS; - Mounting Bracket for 2” pipe, 316 SS, c/w
bolts and nuts;- 1 cable glands ½” NPT
- Two (2) opposite flanges 6”, #600, RF, WN, Sch. 80 A106 Gr.B,
c/w gaskets, stud bolts, nuts and washers.
- Manufacture specifications, Calculation results, data sheet,
installation/hook-up documentation, operator manual, ordering part
number list shall be attached.
- Dimensons: Compatible with Drawing No.: CPP3-218-TS-
TP1-LD-01, Rev 0
6/16
Tên VTTB/dịch vụ hàng
Đặc Tính Kỹ Thuật ĐVT Số Lượng
STT hóa Các chứng chỉ: CO, CQ
Технические характеристки Ед.изм Кол-во
П/п Наименование
Long description Unit Quantity
Certificates: CO, CQ
МТР/услуг
(1) (2) (3) (4) (5) (5)
POWER CABLE
0,6kV/1kV, Flame retardant IEC 60332-3 Cat. A, Low Smoke
emission IEC 61034, Halogen Free IEC 60754-1.
Resistant to oil, alkali and sunlight;
Suitable for marine, tropical condition IEC 60092-3;
CO/eCO, CQ: Original
Construction: Tinned, annealed, stranded copper wire;
Power cable_ Кабель or Certified copy by
4 Insulation: EP-Rubber; m 200
силовой, 3C x 2.5 mm2 Competent authorities in
Inner Covering: Flame retardant halogen free compound;
Viet Nam
Armor: Galvanized Steel Wire Braid;
Sheath: Flame retardant halogen free & mud resistant thermoset
compound;
Outer color: BLACK;
Size: 3C x 2,5 mm2
COMMUNICATION CABLE
Flame-retardant IEC 60332-3 Cat. A, Low Smoke
emission IEC 61034, Halogen Free IEC 60754-1.
Suitable for marine, tropical condition IEC 60092-350, IEC-60092-
360
Cable Ethernet CAT 6 CO/eCO, CQ: Original
Cáp mạng Category 6 UTP
Conductor: Bare copper wire or Certified copy by
5 Cable, 4-Pair, 23A WG/ m 100
Pair screen: Aluminium-laminated plastic foil, conducting side Competent authorities in
Кабель сетевой витая пара
outward Viet Nam
Cable lay up: 4 pairs (PiMF)
Overall screen: Copper braid, tinned,
Outer sheath: Flame retardant to IEC 60332-3 Cat A
Outer color: BLACK
Size as below: 4Pr x 23 AWG /1
7/16
Tên VTTB/dịch vụ hàng
Đặc Tính Kỹ Thuật ĐVT Số Lượng
STT hóa Các chứng chỉ: CO, CQ
Технические характеристки Ед.изм Кол-во
П/п Наименование
Long description Unit Quantity
Certificates: CO, CQ
МТР/услуг
(1) (2) (3) (4) (5) (5)
GROUNDING CABLE
Flame-retardant IEC 60332-3 Cat. A, Low Smoke emission IEC
61034, Halogen Free IEC 60754-1.
Resistant to oil, alkali and sunlight;
Suitable for marine, tropical condition IEC 60092-3;
Grounding Cable_ Кабели Design and construction: IEC-60092-376;
6 m 100 CO/eCO, CQ: Copy
заземления, 1C x 2,5 mm2 Rated Voltage: 0,6kV/1kV;
Construction: Tinned annealed stranded copper wire as per IEC
60228, Class 2; Insulation: EP-Rubber to IEC 60092-360;
Armor: NOT REQUIRED;
Outer color: GREEN/YELLOW;
Size: 1C x 2.5 mm2
CABLE TRAY
Perforated heavy duty, are suitable for offshore/marine installation,
CABLE TRAY : Straight
type Returned flange 180°, 316 SS, thickness 1.5 mm, shall c/w:
element (WxHxL): 50 x 50 CO/eCO, CQ: Original
- Tray cover, thickness 1mm;
X 3000 mm or Certified copy by
7 - Connectors (Splice plate) c/w bolts, nuts, washers; pce 4
Кабельный лоток Competent authorities in
- Tray cover clamp c/w bolts, nuts, washers(if applicable);
50х50x1,5мм, длина Viet Nam
- Bolts, nut & washers for mounting cable tray on steel support;
3000мм
- All bolts, nuts and washers are self-locking type, 316 SS material
Size: 50x50 mm, length 3000 mm
III GROUP III_ ACCESSORIES
ISOLATED ETHERNET GATWAY
ISOLATED ETHERNET Suitable for marine tropical environment, ambient temperature 40 CO/eCO, CQ: Original
GATWAY_ deg C mã, humidity 100%; or Certified copy by
8 set 2
ИЗОЛИРОВАННЫЙ Installation: indoors, in cabinet; Competent authorities in
ШЛЮЗ ETHERNET Converting: RS-485 Modbus RTU/ Ethernet; Viet Nam
Power supply: 18-30 VDC;
8/16
Tên VTTB/dịch vụ hàng
Đặc Tính Kỹ Thuật ĐVT Số Lượng
STT hóa Các chứng chỉ: CO, CQ
Технические характеристки Ед.изм Кол-во
П/п Наименование
Long description Unit Quantity
Certificates: CO, CQ
МТР/услуг
(1) (2) (3) (4) (5) (5)
Mouting: DIN rail;
Connections: Ethernet RJ 45; RS-485 removable screw terminals
pitch 3.81 mm; Power supply removable screw terminals pitch 5,08
mm; configuration via integrated web server;
CIRCUIT BREAKER
2-pole MCP circuit breaker;
CIRCUIT BREAKER_ In 2A,
9 set 2 Not applicable
ВЫКЛЮЧАТЕЛЬ Voltage: 230VAC; Icu 15 Ka, Im=8In Curve
Degree of protection: IP20;
Mouting: Clip on DIN rail 35mm
CIRCUIT BREAKER
2-pole MCP circuit breaker;
CIRCUIT BREAKER_ In 1A,
10 set 1 Not applicable
ВЫКЛЮЧАТЕЛЬ Voltage: 230VAC; Icu 15 Ka, Im=8In Curve
Degree of protection: IP20;
Mouting: Clip on DIN rail 35mm
FIELD ASSEMBLY RJ45 PLUG
FIELD ASSEMBLY RJ45
Ethernet Category 6A accordance to ISO/IEC 11801;
PLUG_ РАЗЪЕМ RJ45
11 Shielding: yes, 360o set 2 Not applicable
СБОРКА В ПОЛЕВЫХ
Housing: die-cast nickel-plated zinc
УСЛОВИЯХ
For cable diameter: 5,0 mm – 10,2 mm
MALE CONNECTOR_ MALE CONNECTOR DB9
12 РАЗЪЕМ Type: Fork with housing set 1 Not applicable
НАРУЖНЫЙ,DB9 Housing: Zinc-coated steel
9/16
Tên VTTB/dịch vụ hàng
Đặc Tính Kỹ Thuật ĐVT Số Lượng
STT hóa Các chứng chỉ: CO, CQ
Технические характеристки Ед.изм Кол-во
П/п Наименование
Long description Unit Quantity
Certificates: CO, CQ
МТР/услуг
(1) (2) (3) (4) (5) (5)
Кабельные наконечники_
PIN TYPE FERRULES
13 Pin type Ferrules (lugs), 1.5 pce 100 copy
Isolated, Crimping, for 1.5 mm2 cupper core
mm2
Кабельные наконечники_
PIN TYPE FERRULES
14 Pin type Ferrules (lugs), 2.5 pce 100 copy
Isolated, Crimping, for 2,5 mm2 cupper core
mm2
кольцевой терминал_ Ring RING TYPE FERRULES
15 pce 100 copy
Terminal M6, 6mm2 Cupper, M6, Compression type, insulated, for cable 1x6 mm2
Kабельная стяжка_ Cable CABLE STRAP
16 pce 500 copy
tie, 9 x 260mm Polyamide, UV Resistant, 9x260 mm
Cable marking, set of
17 number 0-9_ Маркировка Numbers 0,1,2,3,4,5,6,7,8,9, each number 50 pcs set 1 Not applicable
кабельная (0-9),
Cable marking, set of letters
A,B,C,D,H,L,P,S,T,X,Y,Z_
18 Letters A,B,C,D,H,L,P,S,T,X,Y,Z, each letter 50 pcs set 1 Not applicable
Маркировка кабельная
(A,B,C,D,H,L,P,S,T,X,Y,Z)
Cable marking, symbol “-“_
19 Кабельный маркер с Symbol (-), 500 pcs per set set 1 Not applicable
символами “-“
Cable Marker Holder_
20 Держатель для Holder for 14 characters, red color pce 10 Not applicable
маркировки кабеля
Cable tie_Kабельная Holder Fastener, 9 x 120 mm, Polyamide, UV Resistant (pack 100
21 pce 100 Not applicable
стяжка, 9 x 120mm pcs)
10/16
Tên VTTB/dịch vụ hàng
Đặc Tính Kỹ Thuật ĐVT Số Lượng
STT hóa Các chứng chỉ: CO, CQ
Технические характеристки Ед.изм Кол-во
П/п Наименование
Long description Unit Quantity
Certificates: CO, CQ
МТР/услуг
(1) (2) (3) (4) (5) (5)
IV PIPING MATERIALS
Pipe, Metallic, Material: Carbon steel, Material standard: API 5L,
Seamless pipe 4" Sch 80 CO/eCO, CQ: Original or
Material grade: Gr. B, Dimensional standard: API 5L, Method of
22 BE, API 5L, API 5L Gr. B, m 12 copy with stamp of
manufacture: Seamless, Schedule: Sch 80, Wall thickness: 8.56 mm,
(6 m per length) supplier
Size: OD: 114.3 mm, Nominal pipe size: 4 inch
Elbow, Pipe, Material: Carbon Steel, Material Standard: ASTM
A234, Material Grade: WPB, Dimensional Standard: ASME B16.9, CO/eCO, CQ: Original or
23 Seamless elbow 4" Sch 80 Degree: 90 Deg, Bend Radius: Long, Method of Manufacture: Pce 12 copy with stamp of
Seamless, End Preparation: Buttweld, Schedule Pressure Class: Sch supplier
80, Nominal Pipe Size: 4 inch
Переходники Concentric CO/eCO, CQ: Original or
Переходники Concentric reducer 8"x 4" sch80 BW ASTM A234
24 reducer 8"x 4" sch80 BW Pce 2 copy with stamp of
WPB
ASTM A234 WPB supplier
Nút bịt/Пробка/ 3/4 in,
CO/eCO, CQ: Original or
Plug, NPTM, 3000#, ASTM Threaded hex head plug 3/4" 3000# NPTM ASTM 105N, ASME
25 Pce 6 copy with stamp of
A105N, ASME B16.11, B16.11
supplier
piping class: BC1
Sockolet 4”x1/2” 6000# SW CO/eCO, CQ: Original or
26 ASTM A105N ASME Sockolet 4”x3/4” 6000# SW ASTM A105N ASME B16.11 Pce 6 copy with stamp of
B16.11 supplier
CO/eCO, CQ: Original or
Flange 4", WN, 600#, RF,
27 Flange 4", WN, 600#, RF, S-80, ASTM A105N, ASME B16.5 Pce 6 copy with stamp of
S-80
supplier
BLIND FLANGE 4" 600# CO/eCO, CQ: Original or
28 RF, ASME B16.5, ASTM BLIND FLANGE 4" 600# RF, ASME B16.5, ASTM A105N Pce 2 copy with stamp of
A105N supplier
Blind flange 8"-600# RF, CO/eCO, CQ: Original or
29 Blind flange 8"-600# RF, ASME B16.5, ASTM A105N Pce 2
ASME B16.5, ASTM copy with stamp of
11/16
Tên VTTB/dịch vụ hàng
Đặc Tính Kỹ Thuật ĐVT Số Lượng
STT hóa Các chứng chỉ: CO, CQ
Технические характеристки Ед.изм Кол-во
П/п Наименование
Long description Unit Quantity
Certificates: CO, CQ
МТР/услуг
(1) (2) (3) (4) (5) (5)
A105N supplier
Weldneck flange 8"-600# CO/eCO, CQ: Original or
30 RF Sch 80, ASTM A105N, Weldneck flange 8"-600# RF Sch 80, ASTM A105N, ASME B16.5 Pce 3 copy with stamp of
ASME B16.5 supplier
Spiral Wound Gasket 4" CO/eCO, CQ: Original or
Spiral Wound Gasket 4"-600# RF, SS316 Centering, SS316 inner
31 #600 / Спиральная Pce 24 copy with stamp of
ring, 4.5 thick, ASME B16.20
прокладка :4" class 600 supplier
Spiral Wound Gasket 8"-
600# RF 304SS, 4.5 mm
CO/eCO, CQ: Original or
Thick, ASME B16.20 / SS316, graphite filler, SS 316 centering and SS 316 inner ring,
32 Pce 16 copy with stamp of
Прокладка 8"-600# RF 4.5mm thick., ASME B16.20
supplier
304SS, 4.5MM Thick,
ASME B16.20
Studbolts 7/8 in w/2 hex.
nuts, ASTM A320-L7/
CO/eCO, CQ: Original or
A194-4L, Xylan Studbolts 7/8 in w/2 hex. nuts, ASTM A320-L7/ A194-4L, Xylan
33 Set 128 copy with stamp of
fluorocarbon coated, ASME fluorocarbon coated, ASME B18.2.1/ B18.2.2, 7/8 in (M24), 155mm
supplier
B18.2.1/ B18.2.2, 7/8 in
(M24), 155mm
Studbolts M30 x 210 mm
Studbolts M30 x 210 mm w/2 hex. nuts, A193-B7/ A194-2H, Xylan
w/2 hex. nuts, A193-B7/ CO/eCO, CQ: Original or
fluorocarbon coated, ASME B18.2.1/ B18.2.2/Шпилькa M30 x210
34 A194-2H, Xylan Set 108 copy with stamp of
mm w/2 hex. nuts, A193-B7/ A194-2H, Xylan fluorocarbon coated,
fluorocarbon coated, ASME supplier
ASME B18.2.1/ B18.2.2
B18.2.1/ B18.2.2
12/16
Tên VTTB/dịch vụ hàng
Đặc Tính Kỹ Thuật ĐVT Số Lượng
STT hóa Các chứng chỉ: CO, CQ
Технические характеристки Ед.изм Кол-во
П/п Наименование
Long description Unit Quantity
Certificates: CO, CQ
МТР/услуг
(1) (2) (3) (4) (5) (5)
BALL VALVE 3/4" 3000
PSIG, FULL BORE,
FLOATING BALL TYPE, Full bore, bolted bonnet, Replaceable ball and seats, forged carbon
SWxNPTF ENDS, LEVER steel ASTM A105N body & bonnet; 316 stainless steel ball and CO/eCO, CQ: Original or
35 OPERATED, WITH 1 PUP stem. Teflon or reinforced Teflon seats. Design and Test per ASME Set 6 copy with stamp of
END PE Sch160 L=100mm, B16.34 and API 598. Lever operated. c/w: -01 Nipple 3/4" Sch160 supplier
ASTM A105N - PE x PE ASTM A106 Gr.B, L=100mm
ШАРОВОЙ КРАН 3/4"
3000 PSIG Sch160 - Van Bi
U-BOLTS,M14, WITH
POLYSHRINK 4 NUTS,
ASTM A36 WITH XYLAN
U-bolts M14 x 420 mm (76 mm thread length) with Polyshrink 4
FLUOROCARBON CO/eCO, CQ: Original or
nuts, ASTM A36, with Xylan Flourocarbon coated, Washer, Non-
36 COATED, WASHER, Set 10 copy with stamp of
griping, Half-round I-rod Teflon pad (White) Maximum Operating
HALF-ROUND I-ROD supplier
Temperature 83°C C/w Adhesive for Pipe 4"
THERMOPLASTIC PAD
C/W ADHESIVE FOR
PIPE 4", PS05
CO/eCO, CQ: Original or
Steel Plate 10 x 1500 x
37 Steel Plate 10 x 1500 x 1000mm; ASTM A36 m2 1,5 copy with stamp of
1000mm; ASTM A36
supplier
Channel SECTION, CHANNEL, MATERIAL: CARBON STEEL, CO/eCO, CQ: Original or
38 C150x75x9x12.5mm - MATERIAL STANDARD: EN 10025, MATERIAL m 12 copy with stamp of
S275JR GRADE:S275JR, SIZE:150 X 75 X 9 X 12.5MM supplier
13/16
4. RECOMMENDED COUNTRY OF ORIGIN
The country of origin shall be as below:
14/16
Manufacturer datasheet, specification or
filled datasheet that shown the detailed
2. All
specification stamped and signed by
manufacturer.
Equipment Catalog with highlight
3. All All All ALL
specification, model, part number
Equipment General Arrangement drawing
4. All
(dimension of equipment)
Catalogue, section/arrangement
5. ALL
drawing from manufacturer
Sizing, Calculation stamped and signed by
6. All
manufacturer.
Certificates of Explosion protection, Ingress
7. Protection issued by third party (Where Item 2
applicable) (copy)
A copy of valid certificate of Authority to
Item 22,
8. use the Official API Monogram, issued by
35
API to the manufacturer
Technical documentations must have the name and the logo of manufacturer and
supply the link of the products on the website of manufacturer
7. CHỨNG CHỈ - СЕРТИФИКАТЫ - CERTIFICATES:
7.1 Tất cả các chứng chỉ liên quan phải được xác nhận hoặc cam kết cung cấp và phải được
nộp trước khi giao hàng, nhưng không giới hạn:
Все соответствующие сертификаты должны быть подтверждены или переданы для
предоставления и представления перед доставкой, но не ограничиваясь:
All relevant certificates must be confirmed or committed to provide and to be submitted
before delivery, but not limited to:
16/16
, Zero verification, Smart Meter Verification
TIÊU CHÍ ĐÁNH GIÁ KỸ THUẬT
КРИТЕРИИ ТЕХНИЧЕСКОЙ ОЦЕНКИ
CRITERIA FOR TECHNICAL APPRAISAL
Tên hàng hóa: Thiết bị và vật tư cho Cải hoán hệ thống đo dầu trên CTK-3, MSP1 và MSP4
На приобретение: Оборудование и материалы для модернизации системы учета нефти ЦТК-3, МСП-1, МСП-4.
Подразделение: ПДНГ
Tender technical proposal shall be evaluated through 2 steps for each group, detailed as below:
Step 1 : Technical proposal shall be passed Step 1 if it meet ALL the condition as below:
1. Scope of supply (Section 3 of Technical Requirement) for group 1, 2, 3: Comply as required in Technical Requirement
2. Year of Manufacture (Section 2.1 of Technical Requirement): Comply as required in Technical Requirement Document.
3. Warranty (Section 2.6 of Technical Requirement): Comply as required in Technical Requirement Document.
4. Certification (Section 7 of Technical Requirement): Comply as required in Technical Requirement Document.
5. Delivery Term & Time (Section 2.5 of Technical Requirement) for Group 4: Comply as required in Technical Requirement
Document.
6. API monogram (Section 6 of Technical Requirement): Comply as required in Technical Requirement Document
Step 2 : Step 2 shall be evaluated in case the Technical tender proposal passed condition in Step 1
Detailed scores of Technical evaluation for Step 2 described as table below:
With Group 1, 2, 3
Levels
Index Requirements Remark
I II III
Technical Specification:
- Technical Requirement (Section 3, 2.2, 2.3 of
Technical Requirement) 60 100% Note 1
- Document Requirement (Section 6 of Technical
I
Requirement)
1 Fully comply as required in Technical Requirement. 100%
Comply with requirements but minor concern and can
2 0% ~ 90% Note 3
be acceptable
3 Not comply with requirements and can't be acceptable 0%
Delivery Term & Time (Section 2.5 of Technical
20 100%
Requirement)
1 Comply as required in Technical Requirement 100%
II
No later than 10 calendar days as required in Technical
2 50%
Requirement Document.
3 Not comply as required 0%
Recommended Country of Origin (Section 5 of
III 20 100% Note 2,4, 5
Technical Requirement)
IV TOTAL SCORES (100 as maximum) 100
Notes:
1. For this item is subject to evaluate in range of 0-100% that correspond to bidder's technical proposal
2. For this item is picked from each stated case that correspond to bidder's technical proposal
3. Each "minor concern" shall be minus 10%. "Minor concern" is defined as not fully comply as required in Technical
Requirement Document but acceptable( check for each state).
4. Recommended Original Countries for Group 1: G7, Russia, Europe, Mexico: 100%;
Australia, Korea, Singapore: 50%; Other countries: 20%
Page: 1 of 3
5. Recommended Original Countries for Group 2: G7, Russia, Europe, Korea, Malaysia, Thailand, Indonesia, Turkey: 100%;
Other countries: 20%
Passed Conditions: All of the below conditions:
- Passed in "Step 1"
- And total score of Item "IV" of Step 2 is equal or higher than 85 points
Disqualified Conditions: One of the below conditions:
- Disqualified in "Step 1"
- Any items that scores at Level II is 0 will not technically feasible and will be rejected.
- Passed in "Step 1" but Total score of Item "IV" of Step 2 is below 85 points
With Group 4
Levels
Index Requirements Remark
I II III
1. Scope of Supply and Technical Specification (section
3.1 of TR)/Объем работ и технические 60
характеристики
1.1 – Bidder specifies the name, code, the manufacturer
of the material/Подрядчик указывает название, код, 12
производителя материала
1.1.1 Bidder fully indicates the quantity, the name,
code, the manufacturer of of the material/Подрядчик
100%
указывает полные количество, название, код,
1
производитель материала
1.1.2 Bidder does not fully indicates of quantities, the
name, code, the manufacturer of the
50%
material/Подрядчик указывает не полные
количество, название, код, производитель материала
I
1.2 - Technical Specification/Технические
48
характеристики
1.2.1 - All items in each group are satisfy the
requirement of section 4 of TR/Все товары каждой
100%
группы соответствуют требованиям пункта 4
технических требований.
1.2.2 - Items in each group are not fully satisfactory the
2
requirement of section 4 in TR but acceptable/Все Note 1, 2/
10-90%
товары каждой группы не соответствуют Примечание 1, 2
требованиям пункта 4 технических требований.
1.2.3 – At least 01 item in each group are not satisfy the
requirement in section 4 of TR/Не менее 01 пункта в
0
каждой группе не удовлетворяют требованиям
пункта 4 технических требований.
2. Original Country (section 3.4 of TR)/ Note/
20
Происхождение товара Примечание 3
2.1 - Recommended Origin/Рекомендации по
15
происхождению товара:
1 2.1.1 – Russia, G7 100%
2.1.2 – European (except Russia, G7), Korea, Australia, 70%
II 2.1.3 – Others/Другие страны 30%
2.2 - Bidder has only one option or if bidder has more
than one option, each option has been specified main
option or alternative option/ Если подрядчик
2 5
предлагает один или несколько вариантов, каждый
вариант должен указывать основный или
альтернативный.
Page: 2 of 3
II 2.1.3 – Others/Другие страны 30%
2.2 - Bidder has only one option or if bidder has more
than one option, each option has been specified main
option or alternative option/ Если подрядчик
2 5
предлагает один или несколько вариантов, каждый
вариант должен указывать основный или
альтернативный.
1. Each "Fully not comply" shall be minus 20%. "Fully not comply" is defined as completely not comply as required in
Technical Requirement Document ( check for each Requirement)/Каждое "Полное несоответствие" уменьшает на 20%.
«Полное несоответствие» определяется как полностью не соответствующее Техническим Требованиям
(проверяется для каждого требования).
2. Each "minor concern" shall be minus 10%. "Minor concern" is defined as not fully comply as required in Technical
Requirement Document but acceptable( check for each Requirement)/ Каждое "незначительное отклонение" уменьшает
на 10%. «Незначительное отклонение» определяется как не полностью соответствующее Техническим
Требованиям, но приемлемое (проверяется для каждого требования).
3. For this item, when assessed in a group where the items have many different origins, the lowest point of origin will be
taken/Для этого позиции при оценке в группе, где предметы имеют много разных источников, берется самая низкая
точка происхождения.
* Passed Conditions: All of the below conditions/Условия для прохождения: все из
- Passed in "Step 1"/Удовлетворительно по этапу 1
- Total score of Item "4" of Step 2 is equal or higher than 80 points and have no items that scores at Level II and III is 0
/Общий счет по этапу 2 должен быть равен или превышать 80 баллов и нет позиции, которые набирают на Уровне
II и III - 0 баллов.
Page: 3 of 3