04 DocB Cond Tender

DOCUMENT B
THE TENDER
Conditions of Tender
1. GENERAL
This Tender shall be submitted in accordance with the following conditions. The pricing of the
Tender including all rates therein, shall be in United States Dollars. All payment shall be made in
United States Dollars. However, the United States Dollar payment amount shall be transferred into
the Contractor’s banking account in Vietnamese Dong based on the prevailing exchange rate for
fund transfer, at the time of transaction, of the bank at which the Employer maintains his banking
account.
The following is an illustration of the above:-
Scenario 1 Scenario 2
Payment Amount : US$1,000 US$1,000
Exchange rate for fund transfer : US$1 = VND 17,800 US$1 = VND 18,000
Amount contractor will receive : VND 17,800,000 VND 18,000,000
The Tenderer shall bear the cost of preparing and complying with the requirements of the Tender
and such costs will not be reimbursed by the Employer.
2. QUERIES DURING TENDER PERIOD
Should the Tenderer have any queries of any nature whatsoever on any aspect of the Tender
Documents, these shall be promptly (together with softcopy through the e-mail) directed in writing
to:
LAGUNA (VIETNAM) CO., LTD.

CU DU HAMLET, LOC VINH COMMUNE
PHU LOC DISTRICT
THUA THIEN–HUE PROVINCE, VIETNAM
TEL : 84-054-3837 338
FAX : 84-054-3837 339
Email: info@lagunahue.com
no later than two (2) weeks before the tender closing date. All queries shall be classified and
grouped under the subject matters as Specifications (SPC), Preliminaries (PRL), Drawings (DWG),
The Schedule of Works (SOW) and General (GNR), and referenced by document (e.g. Conditions
of Contracts, Conditions of Tender, etc.) with appropriate clause, paragraph or drawing numbers.
Such queries shall be resolved in writing.
O:\Company\PROJECT LISTS\1020_BANYAN TREE\MC\Tender\Doc\RE-TENDER - OCT 09\BTR Front End\04 DocB Cond Tender.doc
17-Oct-09
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DOCUMENT B
THE TENDER
3. SUBMISSION OF TENDERS
The tender submission shall include the following:-
a) 1 complete set of tender documents in hardcopy;

b) 1 softcopy of Schedule 4 to 18;
c) 2 additional hardcopies of pricing sections (Document F); and
d) 2 hardcopies of technical submissions.
together with other necessary and stipulated information must be duly completed and enclosed in a
sealed envelope clearly marked “Private and Confidential” and with the name of the project only and
delivered to:
LAGUNA (VIETNAM) CO.LTD

Attention: MS. PHAN LAY ENG
C/o KPK QUANTITY SURVEYORS (VIETNAM) LTD
UNIT 403 – 404 CITILIGHT TOWER
45 VO THI SAU STREET
DISTRICT 1, HO CHI MINH CITY
VIETNAM
not later than the date and time stated in the Invitation to Tender. The duplicate copies for pricing
and technical submission MUST be bound in separate booklets.
Any Tender delivered or received after the stipulated date and/or time arising from whatever cause
shall be disqualified and will not be considered. Where Tenders are sent by post, these shall be so
posted as to arrive at the above address on or before the stipulated closing time and date and the
Tenders so posted shall be entirely at the Tenderer's own responsibility and risks. The identity of
the Tenderer must not be revealed on the envelope containing the tender submission.
The Letter of Tender shall be signed by an authorised signatory of the Tenderer and affixed with the
company stamp to signify acknowledgement of the Tenderer’s full understanding on and agreement
to adhere strictly with the Conditions of Tender and all other requirements as stated in the Tender
Documents. The tenderer shall also initial and affix his company stamp on any page of the
Tender Documents containing price information.
17-Oct-09
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DOCUMENT B
THE TENDER
4. BASIC AND ALTERNATIVE TENDER
The Tenderer shall submit Tenders based on the following :
BASIC TENDER : Based on the Employer's stipulated Time for Completion of Eight
Hundred and Ten (810) Days. The sectional completion requirements
shall be as follows:
(i) Section 1 - Mock Up Villas comprising : 240 Days #

1 unit - SPV-2BR
1 unit – 1 Bedroom Beach Villa
(ii) Section 2 - Phase 1A – Part 1 comprising : 600 Days #

17 units – 1 Bedroom Beach Villa
19 units – 2 Bedroom SPV-2BR
4 units – 3 Bedroom RV-3BR
1 unit – 4 Bedroom President Villa
including all other Buildings and External works
(iii) Section 3 - Phase 1A – Part 2 comprising : 720 Days #

including external works demarcated
in Drawing No: Site/SP/1.1.1
(iv) Section 4 - Phase 1B comprising : 810 Days #

37 units – 1 Bedroom Lagoon Villa;
including external works demarcated
in Drawing No: Site/SP/1.1.1
# from the Commencement Date
ALTERNATIVE TENDER : Based on the Tenderer's proposed Time for Completion of

____________________ ( ) Days
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DOCUMENT B
THE TENDER
5. VALIDITY OF TENDERS AND WITHDRAWALS
The Tender shall remain valid for acceptance for 90 days from the final date for the submission of
tenders (notwithstanding any offers and counter-offers thereafter) or such further period as may
be agreed between the Tenderer and Employer.
In the event the tender validity period lapses without an agreed extension, the Tenderer may,
within a period of 10 days from the date of expiry of the said period, give written notice to the
Employer that his Tender is withdrawn. Where the Tenderer has not withdrawn his Tender as
aforesaid, the Tender shall remain valid for acceptance for a further period of 30 days from the
date of expiry of the said period of validity.
6. NOTICES AND ADDENDA
Any notice to be given to the Tenderer shall be served at the same address of the Tenderer as
registered upon collection of tender, which shall be deemed to be proper service of such notice.
Any amendment or alteration to the Tender Documents prior to the final date for the submission of
tenders, shall be made only by way of tender addenda issued by the Engineer and/or the Quantity
Surveyor to each Tenderer. Such tender addenda shall be deemed to form part of the Tender
Documents.
7. DISCREPANCIES IN TENDER DOCUMENTS
The Tenderer shall check that the Tender Documents are complete and satisfactorily reproduced.
Any missing information or contents, discrepancies found in or between the Tender Documents
and/or Drawings, clarifications on any matter in relation to the Tender and the like shall be referred
and communicated in writing, at least 7 days before the closing date and time stated in the Invitation
to Tender and addressed to the Engineer/Employer.
If no such communication has been received, it shall be deemed that the Tender Documents and
Drawings are complete and the Tenderer has fully understood their meaning and intent and no
claims whatsoever shall be allowed in this respect.
8. ALTERATIONS OR AMENDMENTS IN TENDER
No unauthorised alteration or amendments shall be made to the Tender Documents; otherwise the
Tender may be rejected.
9. TENDERER TO EXAMINE SITES AND KNOWLEDGE OF LOCAL WORKING CONDITIONS
The Tenderer must visit, examine the sites and obtain for himself all information which may be
necessary for the submission of his Tender, and must examine the Tender Documents in order to
ascertain the matters as to which he will be deemed to have satisfied himself and the risks and
obligations which he has to undertake. The Tenderer shall be deemed to have satisfied himself as
to the correctness and sufficiency of his Tender as well as the knowledge of the local working
conditions.
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DOCUMENT B
THE TENDER
10. SUPPORTING INFORMATION REQUIRED IN TENDER
The Tenderer shall submit with their Tenders the following information:-
· Such drawings, information and data as may be called for in the Tender Documents;
· Complete the appendices as required;
· CV of Project Manager proposed for carrying out the Works;
· Construction Methodology for execution of project;
· Proposed construction programme;
· List of Equipment to be used for the project; and
· Proposal for defects rectification team during Defects Notification Period.
No Tender will be considered unless the said items are submitted therewith. When requested by
the Employer, Engineer or Quantity Surveyor, the Tenderer shall submit any additional information,
which may be considered necessary to clarify the Tender.
11. TENDERER’S PROGRAMME
The Tenderer shall submit a programme for the Works to demonstrate his ability to meet the dates
specified in the tender. The programme shall contain sufficient details to assure the Employer /
Engineer of the feasibility of the Tenderer’s approach to meeting the Contract requirements. The
programme shall be submitted together with a programme narrative.
12. OWNERSHIP OF TENDER DOCUMENTS
All documents submitted by the Tenderer in response to the Invitation to Tender shall become the
property of the Employer. However intellectual property in the information submitted by the Tenderer
shall remain vested in the Tenderer.
This clause shall be without prejudice to any provisions to the contrary in any subsequent contract
which may be entered into between the Tenderer and the Employer.
13. TAXES
The Tender Sum must include all applicable taxes incurred by the Tenderer in accordance with the
Law of Socialist Republic of Vietnam. However, the Value Added Tax (VAT) payable on the Tender
Sum shall be excluded.
14. NON-COMPLIANCE WITH TENDER
Non-compliance with any or all of the above conditions in any respect shall render the Tender liable
to rejection.
15. ACCEPTANCE OF TENDER
The EMPLOYER is not bound to accept the lowest or any Tender nor is the Employer obliged to
give any reasons for the rejection of any Tender.
17-Oct-09
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DOCUMENT B
THE TENDER
16. DATE OF COMMENCEMENT OF CONTRACTS
The Tenderer shall note that clause 8.1 of the FIDIC Conditions of Contract for Construction shall be
read in conjunction with the following: -
The period from the date of the Letter of Acceptance to the Time for access to the Site shall be
deemed as the ‘OFF-SITE’ mobilisation period. The period for 'OFF-SITE' mobilisation shall be 1
week or such other period as stipulated in the Letter of Acceptance.
The period from the Time for access to the Site to the Commencement Date of the Contract shall be
deemed as the ‘ON-SITE’ mobilisation period. The period for 'ON-SITE' mobilisation shall be 1 week
or such other period as stipulated in the Letter of Acceptance.
Upon the receipt of the Letter of Acceptance, the successful Tenderer shall apply to the relevant
authorities for the “Contractor’s License” (“the License”).
The Contractor shall be responsible for the submission of all information required by authorities,
liaising and co-ordination with all parties leading to the approval of the License.
The Contractor shall be fully aware that the "Contractor’s License" from the relevant Authorities
must be obtained before the commencement of any Works on site which requires the said permit.
Notwithstanding this, in the event that the “Contractor’s License” has not been issued, the Time
for Completion (i.e. the Commencement Date of the Contract) shall be deemed to commence at
the end of the On-Site mobilisation period. The Time for Completion shall be deemed to include
for the issuance of the said permit. . For the avoidance of doubt, all Sectional completion
requirements as may be stipulated in the Contract shall be deemed to commence concurrently on
the same Commencement Date, unless otherwise stated in the Letter of Acceptance.
The Contractor shall not be entitled to any extension of the Time for Completion or any claim for
loss, expenses, preliminaries or any other cost (monetary or otherwise) due to inadequacy of his
submission; or delay in the application for; or delay in the issuance of the said permit.
17. COMPLIANCE BEFORE COMMENCEMENT OF WORK
The successful Tenderer shall be notified in writing that his Tender has been accepted within the
period of validity. The said Tenderer shall when called to do so execute the formal Contract. In
addition, before the Time for Access to the site, he shall deposit a sum in cash amounting to 10% of
the Accepted Contract Amount or in lieu thereof, a Performance Security equivalent to the same
sum for the due performance of the Contract, as well as the Workmen's Compensation Policy and
shall also produce for inspection the receipts of premiums paid, all as referred to in the Conditions of
Contract.
The Tenderer's attention is drawn to the stipulation that the Performance Security shall be effected
with a Bank to be approved by the Employer.
The Performance Security shall be in the format specified (refer to Appendix B).
17-Oct-09
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DOCUMENT B

The following is an illustration of the above:-

2. QUERIES DURING TENDER PERIOD

LAGUNA (VIETNAM) CO., LTD.

The tender submission shall include the following:-

a) 1 complete set of tender documents in hardcopy;

LAGUNA (VIETNAM) CO.LTD

4. BASIC AND ALTERNATIVE TENDER

The Tenderer shall submit Tenders based on the following :

(i) Section 1 - Mock Up Villas comprising : 240 Days #

(ii) Section 2 - Phase 1A – Part 1 comprising : 600 Days #

(iii) Section 3 - Phase 1A – Part 2 comprising : 720 Days #

(iv) Section 4 - Phase 1B comprising : 810 Days #

# from the Commencement Date

ALTERNATIVE TENDER : Based on the Tenderer's proposed Time for Completion of

5. VALIDITY OF TENDERS AND WITHDRAWALS

6. NOTICES AND ADDENDA

7. DISCREPANCIES IN TENDER DOCUMENTS

8. ALTERATIONS OR AMENDMENTS IN TENDER

9. TENDERER TO EXAMINE SITES AND KNOWLEDGE OF LOCAL WORKING CONDITIONS

10. SUPPORTING INFORMATION REQUIRED IN TENDER

11. TENDERER’S PROGRAMME

12. OWNERSHIP OF TENDER DOCUMENTS

14. NON-COMPLIANCE WITH TENDER

15. ACCEPTANCE OF TENDER

16. DATE OF COMMENCEMENT OF CONTRACTS

17. COMPLIANCE BEFORE COMMENCEMENT OF WORK

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