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Oferta de obra internacional en país asiático Anexo 1: Volume 1: Bidding Procedures, Conditions of Contract and Contract orm

!esti"n de Pro#ectos $nternacionales

SOCIALIST REPUBLIC OF VIETNAM Ministry of transport VIETNAM EXPRESSWAY CORPORATION (VEC)

Bidding Documents Of Noi Bai - Lao Cai Highway Project
(ADB Loan 2391/2392-vie: greater mekong subregion: kunming-haiphong transport corridor)

Package A1 - Civil Works Km 0-080 to Km 26+700

Volume 1
Bidding Procedures, Conditions of Contract and Contract Form
(ICB No.NBLC - ICB A1)
September, 2008

Preface
This Bidding Document for the Procurement of Works has been prepared by Vietnam Expressway Corporation and is based on the Standard Bidding Document for the Procurement of Works (SBD Works) issued by the Asian Development Bank dated October 2006. ADB’s SBD Works has the structure and the provisions of the Master Procurement Document entitled “Bidding Documents for the Procurement of Works”, prepared by multilateral development banks and other public international financial institutions, except where ADB-specific considerations have required a change.

Noi Bai – Lao Cai Highway Project

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Table of Contents - Summary Description
PART I BIDDING PROCEDURES
Section 1 - Instructions to Bidders (ITB) ------------------------------------------------- __
This section specifies the procedures to be followed by Bidders in the preparation and submission of their Bids. Information is also provided on the submission, opening, and evaluation of bids and on the award of contract.

Section 2 - Bid Data Sheet (BDS) ---------------------------------------------------------- __
This section consists of provisions that are specific to each procurement and supplement the information or requirements included in Section 1 - Instructions to Bidders.

Section 3 - Evaluation and Qualification Criteria (EQC) ---------------------------- __
This Section contains the criteria to determine the lowest evaluated bid and the qualifications of the Bidder to perform the contract.

Section 4 - Bidding Forms (BDF) ---------------------------------------------------------- __
This Section contains the forms which are to be completed by the Bidder and submitted as part of his Bid.

Section 5 - Eligible Countries (ELC) ------------------------------------------------------ __
This section contains the list of eligible countries.

PART II

REQUIREMENTS
Section 6 - Employer’s Requirements (ERQ) ------------------------------------------ __
This Section contains the Specification, the Drawings, and supplementary information that describe the Works to be procured.

PART III

CONDITIONS OF CONTRACT AND CONTRACT FORMS
Section 7 - General Conditions of Contract (GCC) ----------------------------------- __
This Section contains the general clauses to be applied in all contracts. These Conditions are subject to the variations and additions set out in Section 8 (Particular Conditions of Contract).

Section 8 - Particular Conditions of Contract (PCC) --------------------------------- __
This Section contains provisions which are specific to each contract and which modify or supplement the GCC. Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.

Section 9 - Contract Forms (COF) ---------------------------------------------------------- __
This Section contains forms, which, once completed, will form part of the Contract. The forms for Performance Security and Advance Payment Security, when required, shall only be completed by the successful Bidder after contract award.

APPENDIX A: ENVIRONMENTAL IMPACT ASSESSMENT REPORT FOR NOI BAI – LAO CAI HIGHWAY PROJECT APPROVED BY MONRE AT CORRESPONDENCE NO. 1072/BTNMT-TD DATED 14TH MAY, 2008

Noi Bai – Lao Cai Highway Project

Section 1 - Instructions to Bidders

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Section 1 - Instructions to Bidders
This section specifies the procedures to be followed by Bidders in the preparation and submission of their Bids. Information is also provided on the submission, opening, and evaluation of bids and on the award of contract.

Table of Clauses
A. General ................................................................................................................................... 1-3 1. Scope of Bid ...................................................................................................................... 1-3 2. Source of Funds ................................................................................................................ 1-3 3. Corrupt Practices .............................................................................................................. 1-3 4. Eligible Bidders ................................................................................................................. 1-4 5. Eligible Materials, Equipment and Services........................................................................ 1-5 B. Contents of Bidding Document ............................................................................................ 1-6 6. Sections of Bidding Document ........................................................................................... 1-6 7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ............................................ 1-6 8. Amendment of Bidding Document ..................................................................................... 1-7 C. Preparation of Bids................................................................................................................ 1-7 9. Cost of Bidding .................................................................................................................. 1-7 10. Language of Bid ................................................................................................................ 1-8 11. Documents Comprising the Bid ......................................................................................... 1-8 12. Letter of Bid, and Schedules .............................................................................................. 1-8 13. Alternative Bids ................................................................................................................. 1-8 14. Bid Prices and Discounts ................................................................................................... 1-9 15. Currencies of Bid and Payment ........................................................................................1-10 16. Documents Comprising the Technical Proposal ................................................................1-11 17. Documents Establishing the Qualifications of the Bidder ...................................................1-11 18. Period of Validity of Bids ...................................................................................................1-11 19. Bid Security ......................................................................................................................1-11 20. Format and Signing of Bid ................................................................................................1-12 D. Submission and Opening of Bids ........................................................................................1-13 21. Sealing and Marking of Bids .............................................................................................1-13 22. Deadline for Submission of Bids .......................................................................................1-13 23. Late Bids ..........................................................................................................................1-13 24. Withdrawal, Substitution, and Modification of Bids ............................................................1-13 25. Bid Opening .....................................................................................................................1-14

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Section 1 - Instructions to Bidders

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E. Evaluation and Comparison of Bids ....................................................................................1-15 26. Confidentiality...................................................................................................................1-15 27. Clarification of Bids...........................................................................................................1-15 28. Deviations, Reservations, and Omissions .........................................................................1-15 29. Determination of Responsiveness ....................................................................................1-15 30. Nonmaterial Nonconformities............................................................................................1-16 31. Correction of Arithmetical Errors .......................................................................................1-16 32. Conversion to Single Currency .........................................................................................1-16 33. Margin of Preference ........................................................................................................1-16 34. Evaluation of Bids.............................................................................................................1-17 35. Comparison of Bids ..........................................................................................................1-17 36. Qualification of the Bidder.................................................................................................1-17 37. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ....................................1-18 F. Award of Contract ................................................................................................................1-18 38. Award Criteria ..................................................................................................................1-18 39. Notification of Award ........................................................................................................1-18 40. Signing of Contract ...........................................................................................................1-18 41. Performance Security .......................................................................................................1-18

Noi Bai – Lao Cai Highway Project

2.1 General In connection with the Invitation for Bids indicated in the Bid Data Sheet (BDS). that knowingly or recklessly misleads. In pursuance of this policy. directly or indirectly. 1. Source of Funds 2. The name. a party to obtain a financial or other benefit or to avoid an obligation. giving. Corrupt Practices 3.2 2. The Borrower intends to apply a portion of the funds to eligible payments under the contract(s) for which this Bidding Document is issued. for the purposes of this provision. 1. Scope of Bid 1. and contractors under ADB-financed contracts. Payments by the Bank will be made only at the request of the Borrower and upon approval by the Bank in accordance with the terms and conditions of the financing agreement between the Borrower and the ADB (hereinafter called the Loan Agreement).Instructions to Bidders 1-3 Section 1 .2 3.Instructions to Bidders A.1 The Borrower or Recipient (hereinafter called “Borrower”) indicated in the BDS has applied for or received financing (hereinafter called “funds”) from the Asian Development Bank (hereinafter called “ADB”) toward the cost of the project named in the BDS. ADB’s Anticorruption Policy requires borrowers (including beneficiaries of ADB-financed activity). and (c) “day” means calendar day. (b) except where the context requires otherwise. identification. the terms set forth below as follows: (i) “corrupt practice” means the offering. the Employer. and number of contracts of the International Competitive Bidding (ICB) are provided in the BDS. the ADB: (a) defines. as indicated in the BDS. anything of value to influence improperly the actions of another party. No party other than the Borrower shall derive any rights from the Loan Agreement or have any claim to the funds. “fraudulent practice” means any act or omission. or soliciting. issues these Bidding Document for the procurement of Works as specified in Section 6 (Employer’s Requirements). suppliers. or attempts to mislead. words indicating the singular also include the plural and words indicating the plural also include the singular. including a misrepresentation. as well as bidders.1 (ii) Noi Bai – Lao Cai Highway Project . Throughout these Bidding Document: (a) the term “in writing” means communicated in written form and delivered against receipt.Section 1 . and will be subject in all respects to the terms and conditions of that Loan Agreement. observe the highest standard of ethics during the procurement and execution of such contracts. receiving.

directly or through an agent. and that such conflict of interest may contribute to or constitute a prohibited practice under ADB's Anticorruption Policy. private entity. which include not financing of the contract. during contract execution. This criterion shall also apply to the determination of the nationality of proposed subcontractors or suppliers for any part of the Contract including related services. in the event the JV is awarded the Contract. in accordance with Section 5 (Eligible Countries).2 Furthermore. ADB will take appropriate actions.subject to ITB 4. and contractors under Bank-financed contracts. suppliers. or coercive practices in competing for. or compliance with applicable laws and regulations. In pursuance of ADB's Anticorruption Policy’s requirement that Borrowers (including beneficiaries of Bankfinanced activity). engaged in corrupt. government-owned entity . directly or indirectly. contractual obligations. (b) will reject a proposal for award if it determines that the bidder recommended for award has. or threatening to impair or harm. 3.Instructions to Bidders 1-4 (iii) “coercive practice” means impairing or harming.6 of the General Conditions of Contract. directly or through an agent. A Bidder shall be deemed to have the nationality of a country if the Bidder is a citizen or is constituted. either indefinitely or for a stated period of time. and (c) will sanction a party or its successor. and operates in conformity with the provisions of the laws of that country. and (b) the JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the parties of the JV during the bidding process and. A Bidder may be a natural person. fraudulent. or incorporated. including influencing improperly the actions of another party.1 4.3 Noi Bai – Lao Cai Highway Project . collusive. including declaring ineligible.Section 1 . or coercive practices in competing for the Contract.15 and Sub-Clause 15. observe the highest standard of ethics. if it determines that a conflict of interest has flawed the 4. fraudulent.2 A Bidder. to participate in ADB-financed activities if it at any time determines that the firm has. or in executing. and all parties constituting the Bidder. collusive.or any combination of them with a formal intent to enter into an agreement or under an existing agreement in the form of a Joint Venture (JV). an ADB-financed contract. (iv) “collusive practice” means an arrangement between two or more parties designed to achieve an improper purpose. any party or the property of the party to influence improperly the actions of a party. 4. as well as bidders. ADB considers a conflict of interest to be a situation in which a party has interests that could improperly influence that party’s performance of official duties or responsibilities. Bidders shall be aware of the provision stated in SubClause 1. shall have the nationality of an eligible country. In the case of a JV: (a) all partners shall be jointly and severally liable. engaged in corrupt.5 . Eligible Bidders 4.

4.2 above and all expenditures under the Contract will be limited to such materials. Equipment and Services 5.Instructions to Bidders 1-5 integrity of any procurement process. Government-owned enterprises in the Employer’s country shall be eligible only if they can establish that they are legally and financially autonomous and operate under commercial law. the Borrower’s country prohibits any import of goods or contracting of works or services from that country or any payments to persons or entities in that country. and that they are not a dependent agency of the Employer. or (d) they have a common third to information influence the process. A Bidder may be considered to be in a conflict of interest with one or more parties in this bidding process if. including but not limited to: (a) they have controlling shareholders in common. at the date of the deadline for bid submission or thereafter. The materials. or (f) a Bidder participated as a consultant in the preparation of the design or technical specifications of the contract that is the subject of the Bid.Section 1 .4 A firm that is under a declaration of ineligibility by the ADB in accordance with ITB 3. directly or through parties. Consequently all Bidders found to have a conflict of interest shall be disqualified. Participation by a Bidder in more than one Bid will result in the disqualification of all Bids in which the party is involved. Firms shall be excluded if by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. and services.1 Noi Bai – Lao Cai Highway Project . Bidders may be required to provide evidence of the origin of materials. or (c) they have the same legal representative for purposes of this bid. or (b) they receive or have received any direct or indirect subsidy from any of them. or (g) a Bidder was affiliated with a firm or entity that has been hired (or is proposed to be hired) by the Employer or Borrower as Engineer for the contract.7 5. or decisions of the Employer regarding this bidding (e) a Bidder participates in more than one bid in this bidding process. However. Eligible Materials. equipment and services to be supplied under the Contract shall have their origin in eligible source countries as defined in ITB 4. equipment. At the Employer’s request. this does not limit the inclusion of the same subcontractor in more than one bid. that puts them in a position to have access about or influence on the Bid of another Bidder. or relationship with each other.5 4. 4. Bidders shall provide such evidence of their continued eligibility satisfactory to the Employer. as the Employer shall reasonably request. equipment and services. shall be disqualified.6 4.

6.4 7. which include all the Sections indicated below. a commercially recognized product results that differs substantially in its basic characteristics or in purpose or utility from its components.3 6.2 For purposes of ITB 5. Site Visit. Materials and equipment are produced when. Failure to furnish all information or documentation required by the Bidding Document may result in the rejection of the bid. PART I Bidding Procedures Section 1 . provided that such request is received no later than twenty-one (21) days prior to the deadline for submission of bids. it shall do so following the procedure under ITB 8 and ITB 22. Clarification of Bidding Document. A prospective Bidder requiring any clarification of the Bidding Document shall contact the Employer in writing at the Employer’s address indicated in the BDS or raise his inquiries during the pre-bid meeting if provided for in accordance with ITB 7. including a description of the inquiry but without identifying its source.1 Noi Bai – Lao Cai Highway Project .Eligible Countries (ELC) PART II Requirements Section 6 . 6.3. and from which the services are provided. II.Evaluation and Qualification Criteria (EQC) Section 4 .1 above. through manufacturing.Instructions to Bidders (ITB) Section 2 . and III.Bid Data Sheet (BDS) Section 3 .2 The Invitation for Bids issued by the Employer is not part of the Bidding Document.2. produced or manufactured. processing.Employer’s Requirements (ERQ) PART III Conditions of Contract and Contract Forms Section 7 .General Conditions (GCC) Section 8 . Should the Employer deem it necessary to amend the Bidding Document as a result of a request for clarification. Pre-Bid Meeting 7. grown.Particular Conditions (PCC) Section 9 . The Bidder is expected to examine all instructions. The Employer shall forward copies of its response to all Bidders who have acquired the Bidding Document in accordance with ITB 6. terms.Instructions to Bidders 1-6 5. “origin” means the place where the materials and equipment are mined. and specifications in the Bidding Document. forms. or substantial or major assembling of components. Sections of Bidding Document 6. The Employer will respond in writing to any request for clarification.Contract Forms (COF) 6. and should be read in conjunction with any Addenda issued in accordance with ITB 8.4. if they were not obtained directly from the source stated by the Employer in the Invitation for Bids. The Employer is not responsible for the completeness of the Bidding Document and its Addenda.1 Contents of Bidding Document The Bidding Document consist of Parts I.Bidding Forms (BDF) Section 5 .Section 1 . B.

The Bidder is requested. pursuant to ITB 22. The costs of visiting the Site shall be at the Bidder’s own expense. Any addendum issued shall be part of the Bidding Document and shall be communicated in writing to all who have obtained the Bidding Document from the Employer in accordance with ITB 6.4 7. without identifying the source. 9.3.1 Preparation of Bids The Bidder shall bear all costs associated with the preparation and submission of its Bid. Any modification to the Bidding Document that may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an addendum pursuant to ITB 8 and not through the minutes of the pre-bid meeting.5 7. costs.2 The Bidder is advised to visit and examine the Site of Works and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and entering into a contract for construction of the Works. and any other loss. Cost of Bidding 9. and will be responsible for death or personal injury. including the text of the questions raised. loss of or damage to property.2 8. extend the deadline for the submission of bids. Noi Bai – Lao Cai Highway Project . but only upon the express condition that the Bidder. Minutes of the pre-bid meeting.6 7.3. At any time prior to the deadline for submission of bids. its personnel. if provided for in the BDS. to reach the Employer not later than one week before the meeting.Section 1 .2 7. and expenses incurred as a result of the inspection. To give prospective Bidders reasonable time in which to take an addendum into account in preparing their bids. Amendment of Bidding Document 8. to submit any questions in writing. The Bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit. and the responses given. together with any responses prepared after the meeting. and the Employer shall not be responsible or liable for those costs. at its discretion.3 C.7 8. regardless of the conduct or outcome of the bidding process.1 8. The Bidder’s designated representative is invited to attend a pre-bid meeting. damage. will be transmitted promptly to all Bidders who have acquired the Bidding Document in accordance with ITB 6. as far as possible. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage. the Employer may amend the Bidding Document by issuing addenda. and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof. Nonattendance at the pre-bid meeting will not be a cause for disqualification of a Bidder.3 7.Instructions to Bidders 1-7 7. the Employer may.

Alternatively.2 In addition to the requirements under ITB 11. technical specifications. (h) any other document required in the BDS. Alternative Bids Noi Bai – Lao Cai Highway Project . Only the technical alternatives.1 The Letter of Bid and Schedules. for purposes of interpretation of the Bid.2 When alternative times for completion are explicitly invited. if permissible. including the Bill of Quantities. as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Employer. as will the method of evaluating different times for completion. such translation shall govern.4 below. 13. in accordance with ITB 19. in which case. All blank spaces shall be filled in with the information requested. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified in the BDS.1 The Bid. bids submitted by a JV shall include a copy of the Joint Venture Agreement entered into by all partners. a statement to that effect will be included in the BDS.1 The Bid shall comprise the following: (a) Letter of Bid. (g) Technical Proposal in accordance with ITB 16.2. and proposed construction methodology and other relevant details. The forms must be completed without any alterations to the text.1. 13. 11. including drawings. and Schedules 12. together with a copy of the proposed agreement. 11. and no substitutes shall be accepted. of the lowest evaluated Bidder conforming to the basic technical requirements shall be considered by the Employer. breakdown of prices. Language of Bid 10. a Letter of Intent to execute a Joint Venture Agreement in the event of a successful bid shall be signed by all partners and submitted with the bid. (b) completed schedules as required. (c) Bid Security. Documents Comprising the Bid 12. (e) written confirmation authorizing the signatory of the Bid to commit the Bidder. in accordance with ITB 12 and 14. in accordance with ITB 13. 11. Bidders wishing to offer technical alternatives to the requirements of the Bidding Document must first price the Employer’s design as described in the Bidding Document and shall further provide all information necessary for a complete evaluation of the alternative by the Employer.3 Except as provided under ITB 13. 13. alternative bids shall not be considered. design calculations.Section 1 . in accordance with ITB 20. (d) alternative bids. shall be prepared using the relevant forms furnished in Section 4 (Bidding Forms). including priced Bill of Quantities. shall be written in the language specified in the BDS.Instructions to Bidders 1-8 10. 13. if any. (f) documentary evidence in accordance with ITB 17 establishing the Bidder’s qualifications to perform the contract if its Bid is accepted. Letter of Bid.1 Unless otherwise indicated in the BDS.

4 The Bidder shall quote any discounts and the methodology for their application in the Letter of Bid. Bidders are permitted to submit alternative technical solutions for specified parts of the Works. Bidders wishing to offer any price reduction for the award of more than one Contract shall specify in their bid the price reductions applicable to each package. 14.7 Foreign Taxation The bid price by the Contractor shall include all taxes. In such a case. Bid Prices and Discounts 14. Items against which no rate or price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the Bill of Quantities.1. the rates and prices quoted by the Bidder are subject to adjustment during the performance of the Contract in accordance with the provisions of the Conditions of Contract. 14. manufacture.8 Local Taxation The bid price by the Contractor shall include all customs duties. in accordance with ITB 12.3 The price to be quoted in the Letter of Bid. or alternatively. 14. 14. and on the services performed under the Contract. and income and other taxes that may be levied in accordance with the laws and regulations in being on the date 28 Noi Bai – Lao Cai Highway Project . the Bidder shall furnish the indices and weightings for the price adjustment formulae in the Tables of Adjustment Data included in Section 4 (Bidding Forms) and the Employer may require the Bidder to justify its proposed indices and weightings. 14.4 When specified in the BDS. shall be the total price of the Bid. import duties. materials and supplies to be used on or furnished under the Contract.4. excluding any discounts offered.1 The prices and discounts quoted by the Bidder in the Letter of Bid and in the Bill of Quantities shall conform to the requirements specified below. duties and other charges imposed outside the Employer’s country on the production. Price reductions or discounts shall be submitted in accordance with ITB 14. in accordance with ITB 12. 14. provided the bids for all contracts are submitted and opened at the same time. The method for their evaluation will be stipulated in Section 3 (Evaluation and Qualification Criteria).1. Plant.Instructions to Bidders 1-9 13. sale and transport of the Contractor’s Equipment.5 Unless otherwise provided in the BDS and the Contract. Such parts will be identified in the BDS and described in Section 6 (Employer’s Requirements).6 If so indicated in ITB 1. business taxes. bids are being invited for individual contracts or for any combination of contracts (packages).Section 1 .1. 14. 14. to individual Contracts within the package.2 The Bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities.

(c) imported materials. Bidders should note that for the purpose of payments. 15. including spare parts. required for the Works. insurance. both temporary and permanent. (b) social.1 The unit rates and the prices shall be quoted by the bidder entirely in the currency specified in the BDS. Noi Bai – Lao Cai Highway Project . 15. 15. and (f) overhead expenses. the exchange rates confirmed by the source specified in the BDS as the selling rates prevailing 28 days prior to the deadline for submission of bids shall apply for the duration of the Contract so that no currency exchange risk is borne by the bidder.5 Foreign currency requirements indicated by the bidders in the Schedule of Payment Currencies shall include but not limited to the specific requirements for (a) expatriate staff and labor employed directly on the Works. and foreign travel expenses. medical and other charges relating to such expatriate staff and labor. including spare parts. plant. oil and lubricants required for the Works. Nothing in the Contract shall relieve the Contractor from his responsibility to pay any tax that may be levied in Vietnam on profits made by him in respect of the Contract. temporary and consumable) acquired for the purpose of the Contract and on the services performed under the Contract.4 The rates of exchange to be used by the bidder for currency conversion during bid preparation shall be the selling rates for similar transactions prevailing on the date 28 days prior to the deadline for submission of bids published by the source specified in the BDS. profit. 15. 15. (d) depreciation and usage of imported Plant and Contractor's Equipment. (e) foreign insurance and freight charges for imported materials. Plant and Contractor's Equipment. Currencies of Bid and Payment 15. the bidder shall state the rates used and the source. If exchange rates are not so published for certain currencies.Instructions to Bidders 1-10 days prior to the latest date for submission of bids in Vietnam on the Contractor’s equipment. materials and supplies (permanent. and financial charges arising outside the Employer's country in connection with the Works. including fuels.2 Bidders shall indicate the portion of the bid price that corresponds to expenditures incurred in the currency of the Employer’s country in the Schedule of Payment Currencies included in Section 4 (Bidding Forms).Section 1 . fees.3 Bidders expecting to incur expenditures in other currencies for inputs to the Works supplied from outside the Employer’s country and wishing to be paid accordingly may indicate up to three foreign currencies in the Schedule of Payment Currencies included in Section 4 (Bidding Forms).

19. it shall also be extended twenty-eight (28) days beyond the deadline of the extended validity period. in accordance with Sub-Clause 14. the amount shall be as specified in the BDS. If a bid security is requested in accordance with ITB 19. the Employer may request Bidders to extend the period of validity of their bids. 19. 17. In the case of a bid security. in which case a detailed breakdown of its foreign currency requirements shall be provided by the Bidder. 16. either a Bid Securing Declaration or a bid security as specified in the BDS. Any such adjustment shall be effected by comparing the percentages quoted in the bid with the amounts already used in the Works and the Contractor's future needs for imported items. Bid Security 19.3 above.1 Bids shall remain valid for the period specified in the BDS after the bid submission deadline date prescribed by the Employer. equipment. the Bidder shall furnish as part of its bid. 18. prior to the expiration of the bid validity period.6 Bidders may be required by the Employer to clarify their foreign currency requirements. The request and the responses shall be made in writing. Documents Establishing the Qualifications of the Bidder Noi Bai – Lao Cai Highway Project . 17.1 The Bidder shall furnish a Technical Proposal including a statement of work methods. 18. 15.2 A Bid Securing Declaration shall use the form included in Section 4 (Bidding Forms). individually or in joint ventures. Period of Validity of Bids 18.1 Unless otherwise specified in the BDS. personnel. 17.Instructions to Bidders 1-11 15.1 To establish its qualifications to perform the Contract in accordance with Section 3 (Evaluation and Qualification Criteria) the Bidder shall provide the information requested in the corresponding information sheets included in Section 4 (Bidding Forms). Documents Comprising the Technical Proposal 16.Section 1 . A bid valid for a shorter period shall be rejected by the Employer as nonresponsive. A Bidder may refuse the request without forfeiting its bid security. the foreign currency requirements of the outstanding balance of the Contract Price may be adjusted by agreement between the Employer and the Contractor in order to reflect any changes foreign currency requirements for the Contract. A Bidder granting the request shall not be required or permitted to modify its bid. The Employer will declare a Bidder ineligible to be awarded a Contract for a specified period of time if the Bid Securing Declaration is executed.15 of the Conditions of Contract. schedule and any other information as stipulated in Section 4 (Bidding Forms). and to substantiate that the amounts included in the unit rates and prices and shown in the Schedule of Payment Currencies are reasonable and responsive to ITB 15. applying for eligibility for domestic preference shall supply all information required to satisfy the criteria for eligibility as described in ITB 33.7 Bidders should note that during the progress of the Works. in sufficient detail to demonstrate the adequacy of the Bidders’ proposal to meet the work requirements and the completion time. in original form.2 Domestic Bidders.2 In exceptional circumstances.

20. at the Bidder’s option. in the number specified in the BDS and clearly mark them “COPY.2 or (b) if the successful Bidder fails to: (i) (ii) sign the Contract in accordance with ITB 40.1.6 If a bid security is specified pursuant to ITB 19. Format and Signing of Bid 20. the Bidder shall submit copies of the bid.5 If a bid security is specified pursuant to ITB 19. In addition. or (iii) furnish a domestic preference security if so required. Alternative bids. In the case of a bank guarantee.8 The Bid Security of a JV shall be in the name of the JV that submits the bid.” In the event of any discrepancy between the original and the copies. (b) an irrevocable letter of credit. the bid security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder’s furnishing of the performance security pursuant to ITB 41. The name and position held by each person signing the authorization Noi Bai – Lao Cai Highway Project . The form must include the complete name of the Bidder. the Bid Security shall be in the names of all future partners as named in the letter of intent mentioned in ITB 4. If the JV has not been legally constituted at the time of bidding. 19. the bid security shall be submitted either using the Bid Security Form included in Section 4 (Bidding Forms) or another form acceptable to the Employer. shall be clearly marked “ALTERNATIVE”.1.1 The Bidder shall prepare one original of the documents comprising the bid as described in ITB 11 and clearly mark it “ORIGINAL”. or furnish a performance security in accordance with ITB 41. in any of the following forms: (a) an unconditional bank guarantee. all from a reputable source from an eligible country.3 The bid security shall be. if permitted in accordance with ITB 13. the bid security of the successful Bidder shall be returned as promptly as possible once the successful Bidder has signed the Contract and furnished the required performance security. 19.1. 19. This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the bid.Section 1 . except as provided in ITB 18. the original shall prevail.2. 20. if one is required in accordance with ITB 19. 19.Instructions to Bidders 1-12 19.1. 19.2 The original and all copies of the bid shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Bidder. The bid security shall be valid for twenty-eight days (28) beyond the original validity period of the bid. or beyond any period of extension if requested under ITB 18.4 Any bid not accompanied by an enforceable and compliant bid security. shall be rejected by the Employer as nonresponsive. or (c) a cashier’s or certified check.7 The bid security may be forfeited or the Bid Securing Declaration executed: (a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Letter of Bids.

2 The Employer may. if permitted in accordance with ITB 13. and returned unopened to the Bidder.Instructions to Bidders 1-13 must be typed or printed below the signature. The corresponding substitution or modification of the bid must accompany the respective written notice. at its discretion. in which case all rights and obligations of the Employer and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended. extend the deadline for the submission of bids by amending the Bidding Document in accordance with ITB 8. Any bid received by the Employer after the deadline for submission of bids shall be declared late. (c) bear the specific identification of this bidding process indicated in the BDS 1.1 Bids must be received by the Employer at the address and no later than the date and time indicated in the BDS. Submission and Opening of Bids 21. Withdrawal.1. in accordance with ITB 22. (except that withdrawal notices do not require copies).1 The Bidder shall enclose the original and all copies of the bid. except for unamended printed literature. When so specified in the BDS. substitute.” These envelopes containing the original and the copies shall then be enclosed in one single envelope. and Modification of Bids Noi Bai – Lao Cai Highway Project . duly marking the envelopes as “ORIGINAL”.1 The Employer shall not consider any bid that arrives after the deadline for submission of bids. the Employer will assume no responsibility for the misplacement or premature opening of the bid. All notices must be: 24. 21. and (d) bear a warning not to open before the time and date for bid opening. including alternative bids. Sealing and Marking of Bids 21.Section 1 . 20. 22. 24. Bidders shall have the option of submitting their bids electronically. shall be signed or initialed by the person signing the bid. or modify its bid after it has been submitted by sending a written notice. 23. in separate sealed envelopes. All pages of the bid. (b) be addressed to the Employer in accordance with BDS 22.1 A Bidder may withdraw. 21.2. and “COPY.3 Any interlineations. Bidders submitting bids electronically shall follow the electronic bid submission procedures specified in the BDS. Late Bids 23.2 The inner and outer envelopes shall: (a) bear the name and address of the Bidder. Substitution. and shall include a copy of the authorization in accordance with ITB 20. 22. duly signed by an authorized representative.1. rejected. D. Deadline for Submission of Bids 22. or overwriting shall be valid only if they are signed or initialed by the person signing the bid.3 If all envelopes are not sealed and marked as required. erasures.

” “MODIFICATION. the Bid Price.3 All other envelopes shall be opened one at a time.1 The Employer shall open the bids in public at the address.1.” and (b) received by the Employer prior to the deadline prescribed for submission of bids. Envelopes marked “MODIFICATION” shall be opened and read out with the corresponding bid. or modification. in accordance with ITB 22. and any other details as the Employer may consider appropriate. substituted.4 The Employer shall prepare a record of the bid opening that shall include. per contract if applicable. but returned to the Bidder.2 First.1. 25. No bid substitution shall be permitted unless the corresponding substitution notice contains a valid authorization to request the substitution and is read out at bid opening. if required. 24. but returned to the Bidder. date and time specified in the BDS in the presence of Bidders` designated representatives and anyone who choose to attend. and the presence or absence of a bid security. The Bidders’ representatives who are present shall be requested to sign Noi Bai – Lao Cai Highway Project . Bid Opening 25.” “SUBSTITUTION. 25. No bid shall be rejected at bid opening except for late bids. and the substituted bid shall not be opened. Next. including any discounts and alternative offers. the respective envelopes shall be clearly marked “WITHDRAWAL. or modified in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Letter of Bid or any extension thereof.3 No bid may be withdrawn. and in addition. the presence of a bid security. Only discounts and alternative offers read out at bid opening shall be considered for evaluation. 25. as a minimum: the name of the Bidder and whether there is a withdrawal. envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with the corresponding bid shall not be opened. including any discounts and alternative offers. the Bid Price(s). if one was required.1 shall be returned unopened to the Bidders. No bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is read out at bid opening. Unless otherwise specified in the BDS. No bid modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification and is read out at bid opening. shall be as specified in the BDS. envelopes marked “SUBSTITUTION” shall be opened and read out and exchanged with the corresponding bid being substituted. in accordance with ITB 23. Any specific electronic bid opening procedures required if electronic bidding is permitted in accordance with ITB 22.Instructions to Bidders 1-14 (a) prepared and submitted in accordance with ITB 20 and ITB 21 (except that withdrawal notices do not require copies). Only envelopes that are opened and read out at bid opening shall be considered further. 24. 25. all pages of the Letter of Bid and Bill of Quantities are to be initialed by at least three representatives of the Employer attending bid opening.Section 1 . reading out: the name of the Bidder and whether there is a modification. substitution.2 Bids requested to be withdrawn in accordance with ITB 24.

or limit in any substantial way. Any clarification submitted by a Bidder that is not in response to a request by the Employer shall not be considered. 29. if any Bidder wishes to contact the Employer on any matter related to the bidding process. would unfairly affect the competitive position of other Noi Bai – Lao Cai Highway Project . would: (i) (ii) affect in any substantial way the scope. and Omissions 28. in accordance with ITB 31. reservation. or (b) if rectified. and qualification of the Bidders. the Employer may. at its discretion.Section 1 . and (c) “Omission” is the failure to submit part or all of the information or documentation required in the Bidding Document. evaluation. except to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the bids. 26.2 Any attempt by a Bidder to influence the Employer in the evaluation of the bids or Contract award decisions may result in the rejection of its bid. The Employer’s request for clarification and the response shall be in writing. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. the Employer’s rights or the Bidder’s obligations under the proposed Contract.1 During the evaluation of bids.1 To assist in the examination.2.2 If a Bidder does not provide clarifications of its bid by the date and time set in the Employer’s request for clarification. it may do so in writing. Clarification of Bids 27. or performance of the Works specified in the Contract. Confidentiality Evaluation and Comparison of Bids 26. shall not be disclosed to Bidders or any other persons not officially concerned with such process until information on Contract award is communicated to all Bidders. Deviations. offered.3 Notwithstanding ITB 26. Reservations. from the time of bid opening to the time of Contract award. or permitted.1 Information relating to the examination.1 The Employer’s determination of a bid’s responsiveness is to be based on the contents of the bid itself. and comparison of the bids. 27. ask any Bidder for a clarification of its bid. No change in the prices or substance of the bid shall be sought. E.2 A substantially responsive bid is one that meets the requirements of the Bidding Document without material deviation. 29. 26. inconsistent with the Bidding Document. A copy of the record shall be distributed to all Bidders. evaluation. as defined in ITB11. the following definitions apply: (a) “Deviation” is a departure from the requirements specified in the Bidding Document. (a) if accepted. (b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Bidding Document. 27. or omission.Instructions to Bidders 1-15 the record. Determination of Responsiveness 29. or omission is one that. quality. A material deviation. its bid may be rejected. comparison. reservation. 26. 28. and postqualification of bids and recommendation of contract award.

unless the amount expressed in words is related to an arithmetic error. for comparison purposes only.2 Provided that a bid is substantially responsive. the Employer may request that the Bidder submit the necessary information or documentation. 30. 31. a margin of preference shall 30.Instructions to Bidders 1-16 Bidders presenting substantially responsive bids. and (c) if there is a discrepancy between words and figures. Margin of 32. the Employer shall correct arithmetical errors on the following basis: (a) if there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity. 33. the Employer shall rectify nonmaterial nonconformities related to the Bid Price. to reflect the price of a missing or non-conforming item or component. to rectify nonmaterial nonconformities in the bid related to documentation requirements. Failure of the Bidder to comply with the request may result in the rejection of its bid.3 Provided that a bid is substantially responsive.3 The Employer shall examine the technical aspects of the bid submitted in accordance with ITB 16. the amount in words shall prevail. within a reasonable period of time. or omission.4 If a bid is not substantially responsive to the requirements of the Bidding Document. 29. To this effect. in which case the total price as quoted shall govern and the unit price shall be corrected. the unit price shall prevail and the total price shall be corrected. the subtotals shall prevail and the total shall be corrected.1 For evaluation and comparison purposes. unless in the opinion of the Employer there is an obvious misplacement of the decimal point in the unit price. 30. the Employer may waive any nonconformities in the bid that do not constitute a material deviation.1 Provided that the bid is substantially responsive. it shall be rejected by the Employer and may not subsequently be made responsive by correction of the material deviation. 31. Correction of Arithmetical Errors 31. (b) if there is an error in a total corresponding to the addition or subtraction of subtotals. the Bid Price shall be adjusted. 29. in which case the amount in figures shall prevail subject to (a) and (b) above. reservation or omission. Technical Proposal. The adjustment shall be made using the method indicated in Section 3 (Evaluation and Qualification Criteria). Nonmaterial Nonconformities Noi Bai – Lao Cai Highway Project .1 Provided that a bid is substantially responsive. Requesting information or documentation on such nonconformities shall not be related to any aspect of the price of the bid. its bid shall be disqualified and its bid security may be forfeited. 32.Section 1 . to confirm that all requirements of Section 6 (Employer’s Requirements) have been met without any material deviation or reservation.1 Unless otherwise specified in the BDS. 30.2 If the Bidder that submitted the lowest evaluated bid does not accept the correction of errors. Conversion to Single Currency 33. in particular. the currency(ies) of the bid shall be converted into a single currency as specified in the BDS. reservation.

34. but including Daywork items. the methodology to determine the lowest evaluated price of the contract combinations.5 If the bid. 34. if relevant. Noi Bai – Lao Cai Highway Project . 34. 34. 35.2.3 The estimated effect of the price adjustment provisions of the Conditions of Contract. applied over the period of execution of the Contract. (d) converting the amount resulting from applying (a) to (c) above. taking into consideration the schedule of estimated Contract payments.2 To evaluate a bid. 36. including any discounts offered in the Bid Submission Sheet. shall not be taken into account in bid evaluation.Section 1 . (e) adjustment for nonconformities in accordance with ITB 30. (b) price adjustment for correction of arithmetic errors in accordance with ITB 31. (f) application of all the evaluation factors indicated in Section 3 (Evaluation and Qualification Criteria).Instructions to Bidders 1-17 Preference 34. to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. is seriously unbalanced or front loaded in the opinion of the Employer. Qualification of the Bidder 35. which results in the lowest Evaluated Bid Price. 34. Comparison of Bids 36.1 The Employer shall use the criteria and methodologies listed in this Clause.1 The Employer shall compare all substantially responsive bids to determine the lowest evaluated bid. and the award to a single Bidder of multiple contracts.1. where priced competitively.4. After evaluation of the price analyses. the Employer may require that the amount of the performance security be increased at the expense of the Bidder to a level sufficient to protect the Employer against financial loss in the event of default of the successful Bidder under the Contract. to a single currency in accordance with ITB 32. (c) price adjustment due to discounts offered in accordance with ITB 14. the Employer may require the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities. the Employer shall consider the following: (a) the bid price.4 If this Bidding Document allows Bidders to quote separate prices for different contracts. if any.3. is specified in Section 3 (Evaluation and Qualification Criteria). Evaluation of Bids not apply. No other evaluation criteria or methodologies shall be permitted. excluding Provisional Sums and the provision. for contingencies in the Summary Bill of Quantities. in accordance with ITB 34.1 The Employer shall determine to its satisfaction whether the Bidder that is selected as having submitted the lowest evaluated and substantially responsive bid meets the qualifying criteria specified in Section 3 (Evaluation and Qualification Criteria).

pursuant to ITB 17. the notification of award shall constitute a binding Contract. 39.1 Promptly after notification. (ii) bid prices as read out at bid opening. all bids submitted and specifically.1 The Employer shall award the Contract to the Bidder whose offer has been determined to be the lowest evaluated bid and is substantially responsive to the Bidding Document. Award Criteria Award of Contract 38. after Publication of contract award. date. Notification of Award 40. (iii) name and evaluated prices of each Bid that was evaluated.2 At the same time. Signing of Contract 40.3 Until a formal contract is prepared and executed. provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily. requests a debriefing. 39.2 Within twenty-eight (28) days of receipt of the Contract Agreement. and the price it offered. 39. the Employer will publish in an English language newspaper or well-known freely accessible website the results identifying the bid and lot numbers and the following information: (i) name of each Bidder who submitted a Bid. 39. and return it to the Employer. 38.Section 1 . without thereby incurring any liability to Bidders. bid securities.1 The Employer reserves the right to accept or reject any bid.5.1 Prior to the expiration of the period of bid validity. the Employer shall notify the successful Bidder.Instructions to Bidders 1-18 36. 36. the successful Bidder shall sign. and to Reject Any or All Bids 37. the successful Bidder shall furnish the performance security in accordance with the conditions of contract. Performance Security 41. Employer’s Right to Accept Any Bid. shall be promptly returned to the Bidders. F. The Employer shall promptly respond in writing to any unsuccessful Bidder who. and (v) name of the winning Bidder.1.2 The determination shall be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder. and to annul the bidding process and reject all bids at any time prior to contract award. unsuccessful bidders may request in writing to the Employer for a debriefing seeking explanations on the grounds on which their bids were not selected. subject to ITB 34. in which event the Employer shall proceed to the next lowest evaluated bid to make a similar determination of that Bidder’s qualifications to perform satisfactorily. using for that purpose the Performance Security Form included in Section 9 (Contract Forms).3 An affirmative determination shall be a prerequisite for award of the Contract to the Bidder. 41. as well as the duration and summary scope of the contract awarded. the Employer shall send the successful Bidder the Contract Agreement. After publication of the award. A negative determination shall result in disqualification of the bid. in writing.1 Within twenty-eight (28) days of the receipt of notification of award from the Employer. (iv) name of bidders whose bids were rejected and the reasons for their rejection. that its bid has been accepted. or another form acceptable to the Employer. In case of annulment. 40. Noi Bai – Lao Cai Highway Project . 37.

Noi Bai – Lao Cai Highway Project .2 Failure of the successful Bidder to submit the above-mentioned Performance Security or to sign the Contract Agreement shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security.3 The above provision shall also apply to the furnishing of a domestic preference security if so required.Instructions to Bidders 1-19 41.Section 1 . 41. In that event the Employer may award the Contract to the next lowest evaluated Bidder whose offer is substantially responsive and is determined by the Employer to be qualified to perform the Contract satisfactorily.

Hanoi Vietnam th Telephone: +84 (0)4 643 0266 Facsimile number: +84 (0)4 643 0270 Electronic mail address: duongcaotoc@vnn.Bid Data Sheet 2-1 Section 2 . the Employer’s address is: Attention: Mr. Phuong Linh Nam Quan Hoang Mai.Section 2 .ICB A1 ITB 2. Bidding Documents ITB 7. A.ICB A1 ITB 1.1 The number of the Invitation for Bids is : NBLC . Tran Xuan Sanh.00 AM Place: Vietnam Expressway Corporation (VEC) Tang 5. Date: (as stated in the invitation for Bids) Time (Hanoi Time): 9. Xom 2.4 A Pre-Bid meeting will take place at the following date. Corporation.1 The name of the ICB is: ICB A1 Civil Works km0-080 to km26+700 The identification number of the ICB is: NBLC .1 The name of the Project is: Noi Bai – Lao Cai Highway Project B.vn ITB 7. Quan Hoang Mai 5 Floor. Hanoi Noi Bai – Lao Cai Highway Project Package A1Civil Works .1 The Employer is: Vietnam Expressway Corporation ITB 1. Instructions to Bidders.Bid Data Sheet This section consists of provisions that are specific to each procurement and supplement the information or requirements included in Section I. Number and street: Floor/Room Number: City: Country: Xom 2. time and place. General Director Vietnam Expressway Corporation. Introduction ITB 1.1 For clarification purposes only. Phuong Linh Nam.1 The Borrower is: Socialist Republic of Viet Nam ITB 2.

30 AM Place: (Bidders should gather at) Vietnam Expressway Corporation (VEC) Tang 5. 2. ITB 15. Phuong Linh Nam Quan Hoang Mai. 4.1 The unit rates and the prices shall be quoted by the bidder entirely in Vietnam Dong.4 ITB 14. Authority to seek references from the bidder’s bankers.m (Hanoi time).5 The prices quoted by the Bidder shall be adjustable during contract implementation in accordance with Conditions of Contract. ITB 13.1 (h) The Bidder shall submit with its bid the following additional documents: 1. Proposals for subcontracting elements of the Works. Noi Bai – Lao Cai Highway Project Package A1Civil Works . Hanoi C. Explanatory note for bid price calculation and unit price analysis or summary unit price of major work items. Xom 2.1 Alternative bids shall not be permitted. ITB 13. Preparation of Bids ITB 10. Alternative technical solutions shall be permitted for the following parts of the Works: None ITB 13.1 The language of the bid is: English ITB 11. Detailed proposals for subcontracting of any highly specialized elements of the Works to be named specialist subcontractors.Section 2 .4 The rates of exchange shall be the selling rates 28 days prior to the deadline for submission of bids published by: Vietcombank at 10a. 3.2 Alternative times for completion shall not be permitted. ITB 15.Bid Data Sheet 2-2 The Employer will conduct a site visit: Date: (as stated in the invitation for Bids) Time (Hanoi Time): 8.

1 The bid validity period shall be 180 days. Tran Xuan Sanh. Submission and Opening of Bids ITB 22. General Director Vietnam Expressway Corporation (Cong Ty Dau Tu Phat Trien Duong Cao Toc Viet Nam) Xom 2 – Phuong Linh Nam. Quan Hoang Mai 5 Floor. ITB 20.1 ITB 25.vn The deadline for bid submission is : Date: Time (Hanoi time): ITB 22.1 A bid security for an amount of $US 2 million shall be submitted.1 In addition to the original of the bid.2 D.Section 2 .1 For bid submission purposes only. Hanoi Vietnam th Number and street: Floor/Room Number: City: Country: Telephone: +84 (0)4 643 0266 Facsimile number: +84 (0)4 643 0270 Electronic mail address: duongcaotoc@vnn.1 Electronic bid opening procedure shall be as follows: Not Applicable E. the number of copies is: Four The written confirmation of authorization to sign on behalf of the Bidder shall consist of: Written Power of Attorney of the signatory to the Bid to commit the bidder with notarized / attested original signature. The bid opening shall take place at: (as stated in the invitation for Bids) Date: Time: (as stated in the invitation for Bids) Deadline for receipt of Bids or promptly thereafter ITB 25. ITB 20.Bid Data Sheet 2-3 ITB 18. the Employer’s address is: Attention: Mr. ITB 19.1 (as stated in the invitation for Bids) (as stated in the invitation for Bids) Electronic bid submission is not permitted. Evaluation and Comparison of Bids Noi Bai – Lao Cai Highway Project Package A1Civil Works .

Noi Bai – Lao Cai Highway Project Package A1Civil Works .Bid Data Sheet 2-4 ITB 32.Section 2 .1 The currency that shall be used for bid evaluation and comparison purposes to convert all bid prices expressed in various currencies into a single currency is: Viet Nam Dong The source of exchange rate shall be: Vietcombank selling rates at 10a.1 A margin of preference shall not apply.m (Hanoi time) The date for the exchange rate shall be: 28 days prior to the deadline for submission of bids ITB 33.

.................................4 1.................Evaluation and Qualification Criteria 3-1 Section 3 ...... The Bidder shall provide all the information requested in the forms included in Section 4 (Bidding Forms)............................ 3.................... 3-3 Financial Resources .....................................................................1 3.............3-7 General Bid Evaluation Method and Criteria………………………………………………………................................................3..........7 Evaluation Criteria of Bidding Documents…………………………………………………………...... 1................................................................................................ 3-3 Personnel.................7 Noi Bai – Lao Cai Highway Project ...........Following Prequalification This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders...........................................................................................2 1....3 1................................. 3-4 Evaluation Method and Criteria of Bidding Documents…………………………………………..........................................Section 3 ..................4 3.............................................2 Evaluation ............. Table of Criteria 1............................ 3-2 Domestic Preference 3-2 Qualification .........3 2....1 2................................... 3-3 Equipment.............2 2. In accordance with ITB 34 and ITB 36....... criteria and factors shall be used.............3.................................................................................................................................................1 1......................................................................................................................................................................... 3-2 Adequacy of Technical Proposal ........... 3-2 Technical Alternatives ..Evaluation and Qualification Criteria ..................5 2........................................ 2... no other methods.... 3-2 Completion Time .......... 3-4 Updating of Information ............................................... 3-2 Multiple Contracts ...............................

and safety plan. Technique. will be evaluated as follows: Not Applicable Noi Bai – Lao Cai Highway Project . fire protection. Construction Schedule a) Possibility to meet Construction Schedule stipulated in the Bidding Documents. c) Sound environmental management. • • • • • • Experience Financial situation Current contract commitments Cash flow capacity Equipment to be allocated.Evaluation and Qualification Criteria 3-2 1. b) Appropriateness and feasibility of technical solutions. and material sourcing in sufficient detail and fully in accordance with the requirements stipulated in Section 6 (Employer's Requirements).2 (a) – (e) the following criteria shall apply: Adequacy of Technical Proposal Evaluation of the Bidder's Technical Proposal will include an assessment of the Bidder's technical capacity to mobilize key equipment and personnel for the contract consistent with its proposal regarding work methods. and Personnel to be fielded. Capability of Bidder: a) Number and competence of senior staff and skilled workers who directly implement the Project. construction methods and organization.2 Multiple Contracts If a bidder submits several successful (lowest evaluated substantially responsive) bids. e) Quality Control Methods and Plan. types. 2. if permitted under ITB 13. 1. The Bids will be assessed to confirm their technical adequacy in terms of the following: 1. 1. b) Financial Status. 1. the evaluation will also include an assessment of the Bidder’s capacity to meet the aggregated requirements regarding. 3.Section 3 . scheduling.2. and mobilization schedule). b) Appropriateness of completion schedule of work items. Quality: a) Conformity with requirements on technical criteria and quality of materials and equipment stipulated in the Bidding Documents.1 Evaluation In addition to the criteria listed in ITB 34. d) Responsiveness of construction equipment (quantity.3 Completion Time An alternative Completion Time. quality.

5 Domestic Preference A margin of preference shall apply under ITB 33.1 the following procedure shall apply: Not Applicable Noi Bai – Lao Cai Highway Project .Section 3 .4 Technical Alternatives Technical alternatives. if permitted under ITB 13. will be evaluated as follows: Not Applicable 1.Evaluation and Qualification Criteria 3-3 1.4.

Section 3 .1 Qualification Financial Resources Using the relevant Forms in Section 4 (Bidding Forms) the Bidder must show that his financial resources. 2.Evaluation and Qualification Criteria 3-4 2. will meet the following requirements: Working capital and lines of credit in the latest years shall satisfy the following requirement: [(working capital + lines of credit) – current contract commitment (excluded Advance Payment)] > US$ 22.2 Personnel The Bidder must demonstrate that it has the personnel for the key positions that meet the following requirements: Educational Qualifications No.000 in 4.000. 2.5 months. in terms of his latest year’s working capital and lines of credit. Position Number of Position Total Work Experience [years] Experien ce In Similar Work [years] Experience In Similar Project [years] 1 Project Manager Professionally Qualified Civil Engineer Professionally Qualified Civil Engineer Professionally Qualified Civil Engineer Professionally Qualified Civil Engineer Professionally Qualified Civil Engineer Professionally Qualified Civil Engineer Professionally Qualified Civil Engineer Appropriate Qualifications Appropriate Qualifications Professionally Qualified Civil Engineer Professionally Qualified Civil Engineer Qualified Civil Engineer 1 20 10 7 2 Construction Manager Quality Control Manager Technical Manager/ Material Engineer Senior Bridge Construction Engineer Senior Highway Construction Engineer Planning Chief 1 15 8 5 3 1 15 8 5 4 1 15 8 5 5 1 15 8 5 6 1 15 8 5 7 1 1 1 1 10 10 10 10 5 5 5 8 3 3 3 5 8 9 10 Safety Officer’s Senior Environmentalist Senior Bridge Designer Engineer Senior Road Designer Engineer Quantity Engineer 11 1 10 8 5 12 1 10 5 3 Noi Bai – Lao Cai Highway Project .

Evaluation and Qualification Criteria 3-5 The Bidder shall provide details of the proposed personnel and their experience records in the relevant Information Forms included in Section 4 (Bidding Forms). Note: If a Bidder is awarded to two (02) or more contract Packages. the Bidder shall mobilize different key Personnel per team for each contract Package.Section 3 . Noi Bai – Lao Cai Highway Project .

0M3 bucket PVD Setting Up Machine 12 10 8 7 5 1 2 1 16 10 3 15 85 14 6 14 6 2 20 6 1 2 The Bidder shall provide further details of proposed items of equipment using the relevant Form in Section 4 (Bidding Forms). Equipment Type and Characteristics Number Required 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Bulldozer – Minimum 100HP Excavator . H=17m Crane Truck or Crane Crawl type 15-45T Crane Erection of PC-I Girders (120T) Excavator .12T Agitating Truck 8 -10m3 Dump Truck 8 -10 m3 Drilling Equipment for 1000 bored piles including reverse circulation pumps and mud tanks Concrete Pump 25-75 m3/h Post Tensioning Jacks 2800 KN Post Tensioning Jacks 700 KN Goliath Crane (Portal crane) 70T.6 cubic metre (Minimum Bucket Capacity) Motor Grader – 140HP Concrete batching plant 100 cubic metre per hour minimum capacity Hot mixing Asphalt plant with Productivity 100T/H Spreading Paver minimum paving width: 7.Section 3 .Evaluation and Qualification Criteria 3-6 2.Minimum 30T Wheel Loader – 1. 2. 16-25T Pneumatic Tire Roller 15-20 T Sheep Footing Roller 10 . Updating and reassessment of the following information which was previously considered during prequalification will be required: (a) Eligibility (b) Pending Litigation (c) Financial Situation The Bidder shall provide updated details for the above by using the relevant forms included in Section 4 (Bidding Forms).3 Equipment The Bidder must demonstrate that it has the key equipment listed hereafter: No. Noi Bai – Lao Cai Highway Project .5(m) Asphalt Paver Finisher (Productivity 500T/h) with electronics grade & slope sensor and minimum paving width 7.5(m) Vibrating Roller.Minimum 45T / 2.4 Updating of Information The Bidder shall continue to meet the criteria used at the time of prequalification.

.Subcontractor.Evaluation and Qualification Criteria 3-7 3.1 Bid Evaluation Method and Criteria General Bi Evaluation Method and Criteria Bid evaluation will be carried out as following methods: Step 1: Preliminary Evaluation 1.1 Evaluation Criteria of Bidding Documents Preliminary Evaluation of Bids Verifying eligibility and responsiveness of the bids Any bids. .2 Verifying qualification and experiences of the Bidders (Updating qualification). . Step 4: Ranking Bids and Recommending the Successful Bidder The Bidders. Bidder. Step 3: Financial and Commercial Evaluation Verifying bid price quoted by the Bidders.Key Personnel. Step 2: Technical Evaluation The following technical matters shall be evaluated: . correcting discrepancies and convering into a common financial and technical rate. whose bids is eligible. shall be ranked from the lowest evaluated bid price to the highest evaluated bid price. whose bids are evaluated. substantially responsive requirements of tender documents and technically responsive with lowest evaluated bid price shall be recommended as the Successful Bidder.Construction Schedule.Construction Method. 3.2 Step 1: 1.1 Verifying eligibility and substantial responsiveness of the bids 1. correcting arithmetic errors.Section 3 . . 3.Equipment and Plant. which is in breach of one of the following criteria shall be considered noncompliant and rejected: Evaluation (Pass/Fail) No Requirements Disqualifying Criteria Not included in the List of PQqualified Applicants or in the List of Bidders who purchased Tender Documents One original and four copies in English are not sufficient Not available (N/A) or Ineligible Comment 1 Eligibility of the Bidder Submission of Bids including one original in English and 4 copies in English Business Registration (of each member if Bidder is a Joint Venture) Noi Bai – Lao Cai Highway Project 2 3 .

or deficient in value or period of validity N/A Bidder’s qualification shall be verified based on required information to confirm responsiveness of qualification evaluation criteria. Comments Evaluated (Pass/Fail) 1.1 Evaluation Contents Pending Litigation Requirements All pending litigation shall be treated as resolved against the Applicant and so shall in total not represent more than 50 percent of the Bidder’s net worth.2.2. More than 50% of Contract Value N/A.000. or noncompliant. or noncompliant. N/A N/A N/A or more than allowable period N/A N/A N/A N/A N/A N/A. together with turnover and financial capability.Evaluation and Qualification Criteria 3-8 4 5 6 7 8 9 10 11 12 13 14 15 19 Letter of Bid Bid Price Schedule Site Organization and Key Personnel Construction Schedules Proposed Quality Control Measures Environment Management Method Construction Equipment List Explanatory Method Statement Coefficient for calculating Pn in the Price Adjustment formula Schedule of Payment Currencies Subcontracting Bid Security Financial data audited or certified by tax department (for each member in case of Joint Venture) Conclusion 1. No 1.5 months.000 US$ in 4.2 Verifying the Contractor’s Qualification N/A. Bidder’s net worth calculated as the difference between total assets and total liabilities should be positive.2 a b Finance Financial data audited or certified by tax department (for each member in case of Joint Venture) Net Worth N/A c Total average profit after tax in the latest 3 years Cash Flow As a minimum. Positive figure d Working capital and lines of credit in the latest year shall satisfy the following requirement: [(working capital + lines of credit) – current contract commitment] > 22.Section 3 . Noi Bai – Lao Cai Highway Project .

2007) Conclusion Participation as contractor.2(b). he must satisfy at least 40%. Minimum average annual construction turnover of US$ 100 million calculated as total certified payments received for contracts in progress or completed. 1.2. In case the Bidder is awarded one Contract and will be considered to award one or more contracts under Noi Bai – Lao Cai Highway Project. the Tender Caller (the Employer) shall carry out additional evaluation on the Bidder’s qualification to assure that the Bidder is qualified to carry out construction work and complete the entire contracts awarded to him in this Project (for more details of evaluation. in at least one (1) contract within the last ten (10) years.2. within the last three (3) years. materials. Step 2: 2. the Employer shall not evaluate such Contract.1 # 1 2 3 4 Technical Evaluation Construction Method Evaluation Contents Method for mobilization and site preparation (site preparation. 2006.2(c). supply of fuels.1. please see the appendix). 1. In order to make basis for evaluation of criteria set out in the above table. If one Contract is listed but legal and concerned documents are not provided as required in the Bidding Document.2. and the remaining member of the joint venture shall satisfy at least 25%. the Bidder shall provide all economic contracts which have been certified by public notary or the Employer for such completed and/or on-going contracts listed in the Bids. with value of the contract share of at least US$ 50 million that has been successfully or is substantially completed and that is similar to the proposed works.3(b) are evaluated information provided in Prequalification Document have been updated in the Bids. management contractor. Items 1. 1.Evaluation and Qualification Criteria 3-9 1.2.2. Remarks: Items 1.3 a Experiences Specific Contracts of Similar Size and Nature b Average Annual Construction Turnover in the last 3 years (2005.Section 3 .2 (d) in the above table: If the Bidder is Lead Partner. or subcontractor. The Bidder’s qualification with regard to the above criteria shall be evaluated as follows: P F : Pass : Fail Bids which fail to satisfy any of above-mentioned criteria shall be rejected. manpower …) Traffic assurance for bridge and road in construction process Quality control method Safety and security assurance method Comments Evaluated Remarks Noi Bai – Lao Cai Highway Project .2.2.3 (a) and 1.

road marking. Any Bids which proposes schedule longer than specified period in the Bidding Documents shall be rejected. Bids which are not responsive or having 30 contents required above are evaluated as “acceptable” shall be rejected. 2.) Conclusion Construction method for each of the above-mentioned method with regard to the above criteria shall be evaluated as follows: P A F : Pass : Acceptable : Fail Bids which fail to satisfy any of the above-mentioned criteria or over 30% of the contents requested above are evaluated as “acceptable” shall be rejected. 2. marker post etc. sign post.3 Requirements of Equipment and Plants for the Works Key equipment and plant of the Bidder shall be checked in term of quantity and capacity based on the requirements estimated by the Employer for the Contract.Section 3 . pier. Items Employer’s Requirements Evaluated Remarks Noi Bai – Lao Cai Highway Project . abutment.Evaluation and Qualification Criteria 3-10 5 6 7 8 9 10 11 12 13 Environmental management method Construction method of underpass structure. drainage structure (culvert. ditch …) Embankment construction method Soft ground treatment method Pavement construction method Construction method of simple bridge (foundation.2 Construction Schedule Construction Schedule proposed by the Bidders shall be evaluated based on the following criteria: # Evaluation Contents Comments Evaluation Results 1 Ensuring overall schedule as specified in Bidding Documents 2 Suitability with Local Weather Condition 3 Suitability of Construction Methodology and Equipment (equivalent to number. type of equipment proposed by the Bidders) Conclusion Each criteria shall be evaluated by specialist method as follows: P A F : Pass : Acceptable : Fail The Bidder shall satisfy the required schedule in the bidding document. No. slope. girder) Tunnel Construction Method Slope Protection Method Finishing Work Method (handrail.

Section 3 - Evaluation and Qualification Criteria

3-11

1 2 3 4 5 6 7

8

9 10 11 12 13 14

15 16 17 18 19 20 21 22

Bulldozer Excavator Whell Loader Motor Grader Concrete batching plant Hot mixing asphalt plant Spreading Paver minimum paving width 7.5(m) Asphalt Paver Finisher with minimum paving width of 7.5 (m), with electronics grade & slope sensor. Vibrating roller Pneumatic tired roller Sheep footing roller Concrete agitating truck Dump truck Drilling equipment for 1000 – 1500mm bored piles including reverse circulation pumps and mud tanks Concrete pump Post tensioning jack (20T15.2) 2800KN Post tensioning jack (3T15.2) 700KN Goliath Crane 70T, H=17m Crane truck or Crane Crawl type Crane Erection of PC Igirder (120 ton) Excavator 45 ton PVD Setting Up Machine Conclusion

Capacity 100 HP 30 ton 1.6 m3 140 HP 60 m3/h 100 ton/h

Quantity 12 10 8 7 5 1 2

Capacity

Quantity

500 ton/h

1

16 - 25 ton 15 - 20 ton 10 - 12 ton 8-10 m3 8-10 m3

16 10 3 15 85 14

25-75 m3/h

6 14 6 2

15-45 ton

20 6

Minimum bucket 2.0 m3 6-8 m3

1 2

The Bidders shall explain clearly ownership of equipment mobilized to the package (owed or hired). If equipment is hired, the name of rental company should be mentioned: Each criteria shall be evaluated by specialist method as follows: P A F : Pass : Acceptable : Fail

Noi Bai – Lao Cai Highway Project

Section 3 - Evaluation and Qualification Criteria

3-12

Bids which fail or have over 30% of the required contents responsive and evaluated as “acceptable” shall be rejected. 2.4 Key Personnel Evaluation:

Position

Total Work Experience (Years)

Project Manager Construction Manager Quality Control Manager Technical Manager/ Material Engineer Senior Foundation Engineer Senior Highway Engineer Planning Chief Safety Officer Senior Environmental Specialist Bridge Design Chief Highway Design Chief Quantity Engineer Conclusion

20 15 15 10 10 10 10 10 10 10 10 10

Minimum years working in similar position 10 8 8 8 8 8 5 5 5 8 8 5

Minimum years working in similar Project 7 5 5 5 5 5 3 3 3 5 5 3

Comments

Evaluated

Each criteria shall be evaluated by specialist method as follows: P A F : Pass : Acceptable : Fail

Bids which fail or have over 30% of the required contents responsive and evaluated as “acceptable” shall be rejected. 2.5 Sub-Contractor: - Civil Work Subcontractor: Bidders, if intends use subcontractors for civil works, shall declare in his bids the Subcontractor of work items. Total subletting amount shall not exceed 50% of bid price and shall be indicated clearly in the Bids. The Subcontractor shall be legal entity, with satisfactory qualification to the sublet works. In case the Bidder intends to sublet more than 50% of contract value, such Bidder shall be rejected. - Subcontractor for Consulting and Designing Working Drawing: Civil Work bidders having no business registration in the fields of consultancy, design and incapable and lacking experiences in preparing working drawing, shall sublet the works to a registered design company who is capable with enough experience to carry out design of working drawings. Concurrently, the Bidder shall list in his bids
Noi Bai – Lao Cai Highway Project

Section 3 - Evaluation and Qualification Criteria

3-13

name of the Design Subcontractor for this work, attached with copy of business registration and declaration of qualification, experiences of such Consultant Company for bid evaluation. Step 3: Financial and Commercial Evaluation

Financial and commercial evaluation shall be carried out to determine cost on a common rate for comparison, classification of bids, including the following contents: 3.1 – Checking and Error Correction: 1. Error correction is to correct all errors in the Bids including arithmetic errors and other errors based on the following principles: a) Arithmetic errors due to incorrect addition, subtraction, multiplication, division methods: − Should there is any discrepancy between unit price and amount, unit price will be the legal

basis for correction of error; − Should there is any discrepancy between summary table and detailed unit price table, the

detailed unit price shall be the legal basis for correction of error. b) Other errors: − If there is no unit price for the amount column, unit price shall be determined by dividing

amount by quantity. − If unit price is available but amount column is still blank, this amount shall be determined by

multiplying quantity with unit price; − If unit price and amount are available but quantity is blank, the quantity shall be determined

by dividing the amount by the unit price of such item. If the additional quantity as calculated above is different from the one mentioned in the Bidding Documents, it is considered a discrepancy in scope of supply and shall be adjusted based on stipulation at item 1 (a) of this Clause 3.2. − Mistake in unit: "," (comma) used in lieu of "." (stop) and vice verse shall be adjusted in

accordance Vietnam’s regulations. 2. Following error correction based on the above principle, the Employer shall give written notice to the Bidder. The bidder shall make a written notice to the Employer regarding his acceptance of error correction. If the Bidder does not agree to correct error, his bids shall be rejected. 3.2 – Adjustment of Discrepancy: 1. Adjustment of discrepancy is to adjust excessive or missing contents in the Bids as compared with the Bidding Documents, as well as to adjust discrepancies among the bid’s contents itself; between technical proposal and financial proposal; between number and words; between contents in the Letter of Bids and other parts of the Bids. Adjustment of discrepancy shall be adjusted as follows: a) In case there is discrepancy in scope of supply, the missing portion shall be added, and the excessive portion will be subtracted in the principle that if it is impossible to separate in the bid price, of which discrepancies are being adjusted by the Bidder, the highest quoted price of this item shall be applied (if missing) and the lowest quoted price shall be applied (if exceeding) in the Bids, which have passed technical evaluation. In case only one bidder passes technical evaluation, discrepancy shall be adjusted based on quoted price of such bidder (if any) or in the cost estimate of the package;
Noi Bai – Lao Cai Highway Project

Determination of Evaluated Price No. and after verifying arithmetic errors and discrepancy. words shall be the legal basis for adjustment of discrepancy. c) If there is discrepancy between number and words.Evaluation and Qualification Criteria 3-14 b) If there is any discrepancy between contents in the technical proposal and financial proposal.Section 3 . not depending on increase or decrease of the bid price after adjusting the discrepancy. having cost evaluated on one common rate is the lowest shall be recommended as successful Bidder. 3. who is recommended for award. which are eligible. this is considered a discrepancy and adjustment shall be carried out based on price in the total bid price schedule after adjustment and error correction based on the detailed unit price. Noi Bai – Lao Cai Highway Project . d) If there is discrepancy between price in the bids (exclusive of discount) and in the total bid price schedule. If the cost evaluate on a common rate is higher than the approved price. Total discrepancy value shall be calculated according to the total absolute value. technically responsive. 2. shall not over the package price in the approved bidding plan or cost estimate. Any bids which have total value of discrepancy > 10% of bid price shall be rejected.1 Follow item 3. 1 2 3 4 5 Contents Determination of Bid Price Error Correction Discrepancy Correction Bid price after error correction and discrepancy correction Evaluated Bid Price Follow item 3. the content in technical proposal shall be the legal basis for adjustment of discrepancy. Bid price quoted by the bidder.2 Total value of items (1) + (2) + (3) Value of item (4) Basis for Determination Step 4: Ranking of bids and recommending the Successful Bidder Bids. the Employer shall report to MOT and ADB for consideration and approval.3 – Costs are determined on one common rate to compare and classify bids.

Based on Criteria 2. source) in equipment which has been already arranged for package X or not? III. Bidder A has been awarded one Contract of the Project.2(c)). quantity.3: Minimum Equipment and Plant for the Works Checking equipment and plant proposed by the Bidder for Package Y whether there is overlap (checking listed item.Section 3 . the Tender Caller shall carry out additional evaluation on Bidder A as follows: I.2 Verifying Bidder’s Qualification” Verifying Condition: To check whether Minimum Average Annual Construction Turnover is [(X+Y)/X] x 100 million US$ per the Total Certified Payment Amount of the on-going Contract or Contract. II. because Bidder A has been awarded Package X. capacity. year of manufacture. the awarded contract value is X. code. 1) Based on Criteria “1.Evaluation and Qualification Criteria 3-15 APPENDIX (In attachment with Bid Evaluation Method and Criteria for Civil Works of Noi Bai – Lao Cai Highway Project) Illustration regarding additional evaluation on Bidder’s qualification who has been awarded one Contract of Noi Bai – Lao Cai Highway Project. type. Based on Criteria 2.2. is satisfied or not. Bidder A bid for one more civil work Package (bid price is Y) under the same project. However. If qualification of Bidder A is evaluated solely for this package. which has been carried out in the latest three (03) years. he can be awarded. condition. such Bidder shall be recommended as successful Bidder for Package Y. Noi Bai – Lao Cai Highway Project . 2) Verifying Condition: To check whether [(working capital + lines of credit) – (current contract commitments) not including advance payment of this Contract] > Total cash flow (X+Y) (in Item 1.4: Evaluation on Key Personnel Checking key personnel whether the Contractor has double arranged for package Y and package X? In case the Bidder is sufficiently responsive to additional evaluation.

......................................... 5 Tables of Adjustment Data .............................................................................................................................................10 (6) Current Contract Commitments / Works in Progress ................... 3 Schedules ............................................................................. 13 Personnel ............... 14 Form PER – 1: Proposed Personnel ......... Table of Forms Letter of Bid.. 10 Bill of Quantities …………………………………………………...................................................................................................................... 12 Technical Proposal................................................................................................................. 8 Form of Bid-Securing Declaration ..............................................................................................................................................................................................................................................................................................Following Prequalification This Section contains the forms which are to be completed by the Bidder and submitted as part of his Bid.................................................................................................. 14 Form PER – 2: Resume of Proposed Personnel ......................................................................................................................................................................................................................................................................................................………4.......... 20 Construction Schedule and Provisional Payment Schedule .................................................................... 9 Bill of Quantities ..................................................................................................................................................................................... 21 Noi Bai – Lao Cai Highway Project .............10 (1) to 4.............................Bidding Forms .................................................................................................... 11 Financial Resources ............................................................................ 6 Form of Bid Security ................................................................................................... 5 Schedule of Payment Currencies ........Section 4 ....................... 17 Site Organization ........... 19 Mobilization Schedule ...................................................................................Bidding Forms 4-1 Section 4 ........................... 15 Summary of Equipment ......................... 18 Method Statement ................

.................................................................Bidding Forms 4-2 Updating of Bidder’s Qualification ................................................................................................................... 28 Form SUB.........................................................3: Provisional Payment Schedule ........................2: Average Annual Construction Turnover ... 26 Form FIN ..........Section 4 .......................................................................................................................................... 23 Form ELI .......................1: Financial Situation ...2: Sub-contractor Information Sheet ...... 27 Form SUB-1: PROFORMA OF BANK GUARANTEE FOR THE REVOLVING LINE OF CREDIT .......................................... 25 Form FIN ....... 24 Form LIT ......................1: Pending Litigation .............................................................. 22 Form ELI ..............................................................................................................2: JV Information Sheet .. 29 Form SUB..................1: Bidder Information Sheet . 30 Noi Bai – Lao Cai Highway Project ......

........... declare that: (a) We have examined and have no reservations to the Bidding Documents... We..... have nationalities from eligible countries [insert the nationality of the Bidder........ the undersigned.. under the Employer’s country laws or (b) (c) (d) (e) (f) (g) (h) (i) (j) Noi Bai – Lao Cai Highway Project .... Invitation for Bid No. including any Subcontractors or Suppliers for any part of the contract..... Linh Nam Ward....... Vietnam.: . Hamlet 2. General Director Vietnam Expressway Corporation......... other than alternative offers submitted in accordance with ITB 13.......... ICB No. do not have any conflict of interest in accordance with ITB 4.. Our firm...... 5th Floor..... its affiliates or subsidiaries...3..3... Hanoi. Tran Xuan Sanh..... we commit to obtain a performance security in accordance with the Bidding Documents..... excluding any discounts offered in item (d) below is: The discounts offered and the methodology for their application are: Our bid shall be valid for a period of 180 days from the date fixed for the bid submission deadline in accordance with the Bidding Documents............... If our bid is accepted... including any subcontractors or suppliers for any part of the Contract..... Hoang Mai District.. and the nationality of each Subcontractor and Supplier]... including Addenda issued in accordance with Instructions to Bidders (ITB) 8.... including that of all parties that comprise the Bidder if the Bidder is a consortium or association..... To: Mr... Our firm... We. as a Bidder or as a subcontractor.Section 4 .... has not been declared ineligible by ADB............. in more than one bid in this bidding process in accordance with ITB 4. including any subcontractors or suppliers for any part of the contract...: ......... We offer to execute in conformity with the Bidding Documents the following Works: The total price of our Bid..... and it shall remain binding upon us and may be accepted at any time before the expiration of that period. We are not participating.....Bidding Forms 4-3 Letter of Bid Date: ...

.................................................................. indicate “none................................. ......... .................................................................... shall constitute a binding contract between us.. until a formal contract is prepared and executed.......................... Signed .......................................................... Amount .................. (k) We are not a government owned entity / We are a government owned entity but meet the requirements of ITB 4.............. together with your written acceptance thereof included in your notification of award..... Reason ... * Use one of the two options as appropriate Noi Bai – Lao Cai Highway Project ..........Section 4 .................. gratuities....................................................................................................................... Date ....................................”] Name of Recipient ........ (m) Address .......... In the capacity of ........................................ or will pay the following commissions............ Duly authorized to sign the Bid for and on behalf of ............................... (n) Name .................................................. ........................5.............................................. and We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may receive...................... (l) We understand that this bid.................... ................................. or fees with respect to the bidding process or execution of the Contract: [If none has been paid or is to be paid..... * We have paid..........Bidding Forms 4-4 official regulations or by an act of compliance with a decision of the United Nations Security Council..................................................................... .........................................

A Name of Payment Currency Local currency (Vietnam Dong VND) Amount of Currency B Rate of Exchange to Local Currency C Local Currency Equivalent C=AxB D Percentage of Net Bid Price (NBP) 100xC NBP 1..Bidding Forms 4-5 Schedules Schedule of Payment Currencies For ...........insert name of Section of the Works .............00 --- BID PRICE --- Noi Bai – Lao Cai Highway Project .............Section 4 ..... The Employer should insert the names of each Section of the Works.........00 Foreign Currency #1 Foreign Currency #2 Foreign Currency # Net Bid Price 100.....00 Provisional Sums Expressed in Local Currency 1.. Separate tables may be required if the various sections of the Works (or of the Bill of Quantities) will have substantially different foreign and local currency requirements....

and America) to market of developing countries. in US Dollar and converted in Vietnam Dong with exchange rate at the time of calculation. Hanoi. The regulations are issued twice a year by World Bank. (ii) (iii) (iv) (v) (vi) (vii) (viii) General cost of living index as published by the General Statistical Office.Section 4 . Price index of bitumen material as published by General Statistical Office. Qn (vii) f: Total VND 1. Price index of steel material as published by General Statistical Office.20 Con formato: Color de fuente: Automático Index Description Nonadjustable Lo. They shall be appropriate for their purpose and shall relate to the Contractor’s proposed source of supply of inputs on the basis for which his Contract Price and expected foreign currency requirements have been computed. Hanoi. Price index of cement material as published by General Statistical Office. Price index for diesel fuel as established by the General Statistical Office. B3n Index of cost for bitumen Wholesale price index of construction equipment (iv) (v) (vi) e2: e3: Qo. Hanoi.00 “A” is a constant specified as 0. (i) Index Code Table A .Local Currency (Vietnam Dong) Source of Index — (ii) (iii) Base Value and Date — Bidder’s Local Currency Amount — Bidder’s (*) Proposed Weighting A: b: d: e1: 0.Bidding Forms 4-6 Tables of Adjustment Data Indices and weightings shall be proposed by the Contractor and are subject for reviewing by the Engineer and approval by the Employer. B2n construction materials for Steel B3o. The following indices shall be used for local currency payment. Noi Bai – Lao Cai Highway Project .En General cost of living Index of cost for high speed diesel fuel B1o. Japan. Hanoi. Hanoi. England. Ln Eo. Hanoi. Wholesale price index of construction equipment as published by General Statistical Office. Germany. B1n Wholesale price index of construction materials for cement Wholesale price index of B2o. Price index for equipment shall follow regulations on equipment exported from G5 Industrial Countries (France.20 representing the nonadjustable portion.

(*) Bidders shall refer to the Range of Weighting provided in sub-clause 13. Bn Qo. Qn Expatriate labour Wholesale price index of construction materials Wholesale price index of construction equipment Total 1.Section 4 . Noi Bai – Lao Cai Highway Project .Foreign Currency Name of Currency: If the Contractor wishes to bid more than 01 foreign currency.8 of Particular Condition of Contract (Part B). equipment and machine for the foreign currency portion in his Bids in compliance with regulations. each currency shall apply the below table: Index Code Source of Index -Base Value and Date — Bidder’s Currency in Type/Amount — Equivalent in Foreign currency 1 Bidder’s (*) Proposed Weighting A: b: e: f: 0.20 Index Description Nonadjustable Lo. Ln Bo. The Contractor shall bear full responsibility for his proposal’s contents. and imported materials.00 The Contractor shall propose to the authorized agencies for obtaining indices of foreign labour.Bidding Forms 4-7 (ix) Table B .

......... ..... .... .... . (hereinafter called "the Bidder") has submitted to you its bid dated ..... ......... We have been informed that ........ ... Noi Bai – Lao Cai Highway Project ....... ...... name of contract ........ ..... ... ........... .. or having been notified of the acceptance of its Bid by the Employer during the period of bid validity... or does not accept the correction of errors in accordance with the Instructions to Bidders (hereinafter “the ITB”)...... ...... Hanoi.... we . .. .. . ..... ) upon receipt by us of your first demand in writing accompanied by a written statement stating that the Bidder is in breach of its obligation(s) under the bid conditions.... ....... .. and Address of Issuing Branch or Office ......... Hamlet 2..........: .. Vietnam. because the Bidder: (a) (b) (c) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Form of Bid... .... ........ according to your conditions.... (i) fails or refuses to execute the Contract Agreement..... bids must be supported by a bid guarantee..... hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of .. . Bid Security No.. any demand for payment under this guarantee must be received by us at the office on or before that date.... . ... ... .... .. ..... . ... . ..... ...... . .... .. ... ........ Beneficiary: Vietnam Expressway Corporation....... Furthermore.. Bank’s Name...amount in words ..... ... .... ............... .... (“the IFB”).. (.......... th Hoang Mai District.. .... .... ... .... . . ...amount in figures ........ This guarantee is subject to the Uniform Rules for Demand Guarantees... ....Section 4 .. ...... . ........ .... . we understand that......... . . (hereinafter called "the Bid") for the execution of ........ . name of Bank..Bank’s sea and authori!ed signature"s# . Con formato: Color de fuente: Automático This guarantee will expire: (a) if the Bidder is the successful Bidder.......... ICC Publication No......... . ........ .. ........ ... 5 Floor.... and (b) if the Bidder is not the successful Bidder. or (ii) twentyeight days after the expiration of the Bidder’s bid..... . . .. upon the earlier of (i) our receipt of a copy your notification to the Bidder of the name of the successful Bidder. ....... ................ ............. upon our receipt of copies of the Contract Agreement signed by the Bidder and the performance security issued to you upon the instruction of the Bidder... ... under Invitation for Bids No...... .... ... 458. Linh Nam Ward...... ..... ...... .... . .... ... . .... . .. ..... ..... . . .......... Consequently..... .. . At the request of the Bidder. ..... .. .. .. in accordance with the ITB. .. Date:.Bidding Forms 4-8 Form of Bid Security Bank Guarantee ... .... or (ii) fails or refuses to furnish the performance security. ............ name of the Bidder.................... ..

the undersigned. according to your conditions.Section 4 . or having been notified of the acceptance of our Bid by the Employer during the period of bid validity. Hoang Mai District. in accordance with the ITB. Linh Nam Ward. month and year)] Bid No. or (ii) fail or refuse to furnish the Performance Security. We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder. Hanoi. Hamlet 2. declare that: We understand that. if we are in breach of our obligation(s) under the bid conditions. _______ [insert date of signing] Corporate Seal (where appropriate) [Note: In case of a Joint Venture.: [insert identification No if this is a Bid for an alternative] To: Vietnam Expressway Corporation. if required. or (ii) twenty-eight days after the expiration of our Bid. bids must be supported by a Bid-Securing Declaration.] Noi Bai – Lao Cai Highway Project . Signed: [insert signature of person whose name and capacity are shown] In the capacity of [insert legal capacity of person signing the Bid-Securing Declaration] Name: [insert complete name of person signing the Bid-Securing Declaration] Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder] Dated on ____________ day of __________________. or does not accept the correction of errors in accordance with the Instructions to Bidders (hereinafter “the ITB”). Vietnam. We. upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder. because we: (a) (b) (c) have withdrawn our Bid during the period of bid validity specified in the Form of Bid.: [insert number of bidding process] Alternative No. 5th Floor. We accept that we will automatically be suspended from being eligible for bidding in any contract with the Borrower for the period of time of [insert number of months or years] starting on [insert date]. (i) fail or refuse to execute the Contract.Bidding Forms 4-9 Note$ A ita ici!ed te%t is for use in preparing this form and sha &e de eted from the fina product Form of Bid-Securing Declaration Date: [insert date (as day. the Bid-Securing Declaration must be in the name of all partners to the Joint Venture that submits the bid.

Bidding Forms 4-10 GMS Kunming – Hai Phong Transport Corridor Noi Bai – Lao Cai Highway Project Contract Package No : ICB A1 Civil Works km0-080 to km26+700 Bill of Quantities Pay Item No. written in words: Vietnam Dong Noi Bai – Lao Cai Highway Project . DESCRIPTION Amount (VND) Remark No 1 2 3 4 5 6 7 8 9 10 11 DIVISION 1 DIVISION 2 DIVISION 3 DIVISION 4 DIVISION 5 DIVISION 6 DIVISION 7 DIVISION 8 GENERAL ITEMS SITE CLEARING ROAD EARTHWORK DRAINAGE PAVEMENTS STRUCTURE CONCRETE WORKS STEEL WORKS MISCELLANEOUS SUB-TOTAL(from1-8) SUM IN VND CONTINGENCIES (26 % OF SUB-TOTAL) TOTAL BID SUM IN VND Total Bid Sum.Section 4 .

Name of Contract Employer’s Contact Address. or for which a letter of intent or acceptance has been received. No. but for which an unqualified. Fax Value of Outstanding Work [Current US$ Equivalent] Estimated Completion Date Average Monthly Invoicing Over Last Six Months [US$/month)] 1 2 3 4 5 Noi Bai – Lao Cai Highway Project . Tel.Section 4 . or for contracts approaching completion. full completion certificate has yet to be issued.Bidding Forms 4-11 Current Contract Commitments / Works in Progress Bidders and each partner to a JV should provide information on their current commitments on all contracts that have been awarded.

lines of credit. such as liquid assets. Source of financing Amount (US$ equivalent) 1 2 3 Noi Bai – Lao Cai Highway Project . available to meet the total construction cash flow demands of the subject contract or contracts as indicated in Section 3 (Evaluation and Qualification Criteria) No. and other financial means.Section 4 . net of current commitments. unencumbered real assets.Bidding Forms 4-12 Financial Resources Specify proposed sources of financing.

excluding those for Personnel and Equipment. should not exceed 30 pages in total.Bidding Forms 4-13 Technical Proposal Personnel Equipment Site Organization Method Statement Mobilization Schedule Construction Schedule Others The documents. Noi Bai – Lao Cai Highway Project . Note: The bidder should submit documents to demonstrate their understanding of the works. There is no specified format.Section 4 .

Noi Bai – Lao Cai Highway Project .Bidding Forms 4-14 Personnel Form PER – 1: Proposed Personnel Bidders should provide the names of suitably qualified personnel to meet the specified requirements stated in Section 3 (Evaluation and Qualification Criteria). Title of position* Name 4. Title of position* Name 3. Title of position* Name 2.Section 4 . The data on their experience should be supplied using the Form below for each candidate. Title of position* Name *As listed in Section 3 (Evaluation and Qualification Criteria). 1.

Certified copies of the qualifications must be attached to the curricula vitae submitted. * The age of these key personnel must not be more than 60 years old.Section 4 .Bidding Forms 4-15 Form PER – 2: Resume of Proposed Personnel Position Personnel information Name Date of birth Professional qualifications Present employment Name of employer Address of employer Telephone Contact (manager / personnel officer) Fax E-mail Job title Years with present employer Summarize professional experience in reverse chronological order. Noi Bai – Lao Cai Highway Project . Indicate particular technical and managerial experience relevant to the project. From To Company / Project / Position / Relevant technical and management experience Note: * All key personnel of the Bidder shall be graduated from specialist University. * All personnel documents are notarized by notary public’s office. having continous working time in construction works as mentioned in item 3 – Key Personnel and participated in at least one work item or works having the same special requirements.

or for alternative equipment proposed by the Bidder. A separate Form shall be prepared for each item of equipment listed. use only manufactured in or after year 1996).e. Noi Bai – Lao Cai Highway Project .Bidding Forms 4-16 Equipment The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the requirements for the key equipment listed in Section 3 (Evaluation and Qualification Criteria). Name of owner Owner Address of owner Telephone Contact name and title Fax Telex Agreements Details of rental / lease / manufacture agreements specific to the project Note: The Bidder shall provide evidence of Ownership/ Hire/ Lease. New equipment should be used for the Works. none of the equipment should be older than 12 years (i.Section 4 . Item of Equipment Equipment Information Name of manufacturer Model and power rating Capacity Year of manufacture Current Status Current location Details of current commitments Source Indicate source of the equipment Owned Rented Leased Specially manufactured Omit the following information for equipment owned by the Bidder.

Type Maker Model and Power Capacity Year of Manufacture Owned / Rented / Leased Location No.Bidding Forms 4-17 Summary of Equipment The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the requirements for the key equipment listed in Section 3 (Evaluation and Qualification Criteria). New equipment should be used for the Works. Information shall be given for each item of equipment listed. or for alternative equipment proposed by the Bidder. use only manufactured in or after year 1996). none of the equipment should be older the 12 years (i.Section 4 . of Units Noi Bai – Lao Cai Highway Project .e.

Bidding Forms 4-18 Site Organization Noi Bai – Lao Cai Highway Project .Section 4 .

Section 4 .Bidding Forms 4-19 Method Statement Noi Bai – Lao Cai Highway Project .

Section 4 .Bidding Forms 4-20 Mobilization Schedule Noi Bai – Lao Cai Highway Project .

Section 4 . Noi Bai – Lao Cai Highway Project .Bidding Forms 4-21 Construction Schedule and Provisional Payment Schedule Note: Provisional Payment Schedule see the Guide Form – “S” Curve Graph.

Bidding Forms 4-22 Updating of Bidder’s Qualification The Bidder shall update the information given during the corresponding prequalification exercise to demonstrate that he continues to meet the criteria used at the time of prequalification regarding (a) (b) (c) Eligibility Pending Litigation Financial Situation For this purpose. Comprimido 0. Note: There is no need to re-submit information forms and attachments unless there has been any change in the situation since the application for pre-qualification Con formato: Table.Section 4 . the Bidder shall use the relevant forms included in this Section.1 pto Noi Bai – Lao Cai Highway Project .

1: Bidder Information Sheet Bidder Information Con formato: Color de fuente: Automático Bidder’s legal name In case of JV. In case of a government-owned entity.Section 4 .2. fax numbers. In case of single entity. letter of intent to form JV or JV agreement. address. in accordance with ITB 4. Authorization to represent the firm or JV named in above.1 and 4. any additional documents not covered under 1 above required to comply with ITB 4.2.1. In case of JV. 4. legal name of each partner Bidder’s country of constitution Con formato: Color de fuente: Automático Bidder’s year of constitution Con formato: Color de fuente: Automático Bidder’s legal address in country of constitution Bidder’s authorized representative (name. 3. 2. articles of incorporation or constitution of the legal entity named above. telephone numbers. Noi Bai – Lao Cai Highway Project .Bidding Forms 4-23 Form ELI . e-mail address) Attached are copies of the following original documents.5. in accordance with ITB 20. 1. in accordance with ITB 4.

2: JV Information Sheet 'ach mem&er of a () must fi in this form JV / Specialist Subcontractor Information Con formato: Color de fuente: Automático Bidder’s legal name JV Partner’s or Subcontractor’s legal name JV Partner’s or Subcontractor’s country of constitution JV Partner’s or Subcontractor’s year of constitution JV Partner’s or Subcontractor’s legal address in country of constitution JV Partner’s or Subcontractor’s authorized representative information (name.5. telephone numbers. Noi Bai – Lao Cai Highway Project . in accordance with ITB 20.Section 4 . 1. documents establishing legal and financial autonomy and compliance with commercial law. In the case of government-owned entity. fax numbers.2. address. 3. Articles of incorporation or constitution of the legal entity named above.Bidding Forms 4-24 Form ELI . in accordance with ITB Sub-Clause 4.2.1 and 4. 2. in accordance with ITB 4. Authorization to represent the firm named above. e-mail address) Attached are copies of the following original documents.

1: Pending Litigation 'ach Bidder or mem&er of a () must fi in this form Pending Litigation No pending litigation in accordance with Criteria 2.Section 4 .2 of Section 3 (Evaluation and Qualification Criteria) Pending litigation in accordance with Criteria 2.Bidding Forms 4-25 Form LIT .2 of Section 3 (Evaluation and Qualification Criteria) Value of Pending Claim as a Percentage of Net Worth Con formato: Color de fuente: Automático Year Matter in Dispute Value of Pending Claim in US$ Equivalent Noi Bai – Lao Cai Highway Project .

Historic financial statements must correspond to accounting periods already completed and audited (no statements for partial periods shall be requested or accepted). Historic financial statements must be audited by a certified accountant. and income statements) for the last three years.Section 4 . complying with the following conditions. as indicated above. and not sister or parent companies.1: Financial Situation 'ach Bidder or mem&er of a () must fi in this form Financial Data for Previous 3 Years [US$ Equivalent] Year 1: Year 2: Information from Balance Sheet Total Assets Total Liabilities Net Worth Current Assets Current Liabilities Information from Income Statement Total Revenues Profits Before Taxes Profits After Taxes Attached are copies of financial statements (balance sheets including all related notes.Bidding Forms 4-26 Form FIN . including all notes to the financial statements. • • • All such documents reflect the financial situation of the Bidder or partner to a JV. Historic financial statements must be complete. Con formato: Color de fuente: Automático Year 3: • Noi Bai – Lao Cai Highway Project .

Bidding Forms 4-27 Form FIN .ear for work in progress or comp eted. con+erted to US -o ars at the rate of e%change at the end of the period reported.Section 4 .2: Average Annual Construction Turnover 'ach Bidder or mem&er of a () must fi in this form Annual Turnover Data for the Last 3 Years (Construction only) Year Amount Currency Exchange Rate US$ Equivalent Average Annual Construction Turnover *he information supp ied shou d &e the Annua *urno+er of the Bidder or each mem&er of a () in terms of the amounts &i ed to c ients for each . Noi Bai – Lao Cai Highway Project .

WITNESS …………………………………………. GUARANTOR ………………………………………………….. Linh Nam Ward.. Sub: Dear Sir..Section 4 . This revolving line of credit will be maintained until the completed works are taken over by the Employer. ………………………………………….. the authorized representative of the Bank has hereunto signed and sealed this letter of Guarantee.... ………………………………………. To: General Director Vietnam Expressway Corporation. in case of award to them of works for the NOI BAI – LAO CAI HIGHWAY PROJECT. In witness whereof. 5th Floor. ………………………………………….. Hoang Mai District. Hanoi. …………………………………………………………………………………… are awarded a Contract(s) on the NOI BAI – LAO CAI HIGHWAY PROJECT. Vietnam. I/We the authorized representative of (2) …………………………………………………… hereby agree and undertake for and on behalf of the bank that if (1) ……………………. Hamlet 2. they will be provided by us with a revolving line of credit for an amount of ………………………………………………. …………………………………………………. for the purpose of the execution of the above mentioned Contract(s). ------------------------------------------------(1) (2) Insert name of the intending Bidder Insert name and address of the Bank Noi Bai – Lao Cai Highway Project . Letter of Guarantee Confirming Bank’s Undertaking for Opening a line of Credit in favour (1) ………………………………………………………………….Bidding Forms 4-28 Form SUB-1: PROFORMA OF BANK GUARANTEE FOR THE REVOLVING LINE OF CREDIT Bank Letter Head From: ……………………………………… ………………………………………. ………………………………………………….

Bidding Forms 4-29 Form SUB.Section 4 .2: Sub-contractor Information Sheet This form must be completed List of Proposed Subcontractor See other file: Form Sub 2 Noi Bai – Lao Cai Highway Project .

3: Provisional Payment Schedule This form must be completed See other file: Form Sub 3 Noi Bai – Lao Cai Highway Project .Bidding Forms 4-30 Form SUB.Section 4 .

20% As per Provisional Subcontracts January 2010 …etc… 2. and the percentages of material purchases (if included).Subcontractor A (Sample only) 5. and to request changes if the proposed subcontractors are found to be in any way unsuitable. The Employer reserves the right to review the eligibility. Noi Bai – Lao Cai Highway Project . experience. 3. …etc Note: (*) Please specify whether the proposed percentages include material purchases or not. There is no need to re-submit information forms and attachments unless there has been any change in the situation since the application for pre-qualification.1: Sub-contractor Information Sheet This form must be completed List of Proposed Subcontractors Pay Item Number to be sublet Pay Item 10 (or Work Sections) Pay Item 6 Linear metre 20% That drainage system Cubic metre 35% This bridge substructure Quantity to be sublet % of Pay Item to be sublet (*) As per Memorandum of Understanding attached Description of Works to be sublet Reference to Commitment Documents Expected time for finalization of Subcontractor Name of Subcontractor Approximate percentage of Total Bid Price to be sublet (*) October 2010 1. and capacity of the proposed subcontractors prior to contract award.Bidding Forms 4 -29 Form SUB.Section 4 .

Eligible Countries 5-1 Section 5 .Section 5 . Federated States of Mongolia Myanmar Nauru Nepal The Netherlands New Zealand Norway Pakistan Palau Papua New Guinea Philippines Portugal Samoa Singapore Solomon Islands Spain Sri Lanka Sweden Switzerland Taipei.Eligible Countries Afghanistan Armenia Australia Austria Azerbaijan Bangladesh Belgium Bhutan Brunei Darussalam Cambodia Canada China. People's Republic of Cook Islands Denmark Fiji Islands Finland France Georgia Germany Hong Kong. China India Indonesia Ireland Italy Japan Kazakhstan Kiribati Korea.China Tajikistan Thailand Timor-Leste Tonga Turkey Turkmenistan Tuvalu United Kingdom United States Uzbekistan Vanuatu Viet Nam Noi Bai – Lao Cai Highway Project . Republic of Kyrgyz Republic Lao PDR Luxembourg Malaysia Maldives Marshall Islands Micronesia.

............................................... 6....................................4 Noi Bai –Lao Cai Highway Project ... the Drawings..............Employer’s Requirements This Section contains the Specification............................................................................. 6............................................................. Table of Contents Specification ....................................2 Drawings ..............................Section 6 .........3 Supplementary Information ................. 6...................Employer’s Requirements 6-1 Section 6 ....... and supplementary information that describe the Works to be procured..............

Withdrawn Division 10-Tunnel) Noi Bai –Lao Cai Highway Project .Volume 3 General Specifications (From Division 2 to Division 11.Section 6 .Refer to Volume 2 General Specifications(Division 1.)and .Employer’s Requirements 6-2 Specification .

Section 6 . 5.Employer’s Requirements 6-3 Drawings Refer to Volume 4. 6 onwards Noi Bai –Lao Cai Highway Project .

Section 6 .Employer’s Requirements 6-4 Supplementary Information Reports on ground investigation and materials sources investigation are available for inspection by the Bidder. This information is provided for reference only and does not form part of the Contract. Noi Bai –Lao Cai Highway Project .

As per GCC 1. the PCC take precedence over the GCC. prepared by the Fédération Internationale des Ingénieurs-Conseil. adapted. electronic. between the ADB and FIDIC. Part A (Contract Data) of the PCC. This publication is exclusive for the use of ADB Borrowers and their project implementing agencies as provided under the License Agreement dated June 9th. photocopying. and. ADB’s Borrowers and their implementing agencies are authorized the reproduction and translation of the Bank Harmonized Edition of FIDIC’s General Conditions of Contract for Construction for the exclusive purpose of preparing bidding documents in accordance with the SBD Works. Therefore.General Conditions of Contract 7-1 Section 7 . in any form or by any means. without prior permission in writing from FIDIC. By virtue of a license agreement subscribed between ADB and FIDIC. recording or otherwise. no part of this publication may be reproduced.5 (Priority of Documents). specific to the contract in hand. should be introduced in Section 8 (Particular Conditions of Contract). translated. consequently. 2005. Noi Bai – Lai Cai Highway Project . Borrowers and their implementing agencies shall abstain from making any use of the Harmonized Edition of FIDIC’s General Conditions of Contract. Part A (Contract Data) and Part B (Special Provisions). magnetic. stored in a retrieval system or communicated. except by the Employer identified above and only for the exclusive purpose of preparing bidding documents for ADB financed contracts. The standard text of the General Conditions chosen must be retained intact to facilitate its reading and interpretation by Bidders and its review by the Bank. or FIDIC (FIDIC MDB version 2006). whether mechanical. includes data to complement the GCC in a manner similar to the way in which the Bid Data Sheet (BDS) complements the Instructions to Bidders (ITB). Any amendments and additions to the GCC. Clause numbers in the PCC correspond to those in the GCC.Section 7 . Part B (Specific Provisions) is intended to be used to introduce country or project specific provisions if so required. distinct from the use indicated herein. Multilateral Development Bank Harmonized Edition March 2006. The Conditions of Contract have been prepared for an ad measurement (unit price or unit rate) type of contract and cannot be used for other types of contract.General Conditions of Contract The General Conditions that follow are the Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer.

Period “n” applicable to the adjustment multiplier “Pn”: one '() month 10 % Percentage of the Accepted Contract Amount payable in the currencies and proportions in which the Accepted Contract Amount is payable 20 % of amount of Interim Payment Certificates 3 % of the Accepted Contract Amount Not applicable Engineer’s name and address Bank’s name Borrower’s name Time for Completion Defects Notification Period Sections Electronic transmission systems Governing Law Ruling language Language for communications Time for access to the Site Engineer’s Duties and Authority Performance Security 1.2.7 13. 10 % of the final Contract Price.4 & 1. To perform and get payment for the provisional Sums.8 14.2 & 1.6 1.1. Vietnam To e noti!ie" Asian Development Bank (ADB) #o$ia%ist &epu %i$ o! Viet Nam 40 months 730 days.Particular Conditions of Contract The following Particular Conditions of Contract (PCC) shall supplement the General Conditions of Contract (GCC).3.2 Repayment amortization of advance payment Percentage of Retention Plant and Materials 14.Section 8 .7 1. Hanoi.5. GCC 1.2 Normal working hours Delay damages for the Works 6.1 3.3 1.3 1.11 1. Phuong Linh Nam.2.1(b)(ii) 4.15(b) Maximum amount of delay damages Provisional Sums 8. Part A .5.4 2.4 1.2. Not app%i$a %e Not app%i$a %e The %aw o! the #o$ia%ist &epu %i$ o! Viet Nam English English 30 days after Commencement Date Variations resulting in an increase of the Accepted Contract Amount shall require approval of the Employer.(b) (ii) Adjustments for Changes in Cost.2.1.1. The performance security will be in the form of an unconditional bank guarantee in the amount(s) of 10 percent of the Contract Price. Table(s) of Adjustment Data Total advance payment 13. Xom 2.Contract Data Conditions Employer’s name and address Ref.Particular Conditions of Contract 8-1 Section 8 .7 & 14.4 1.1.3.3 14. Whenever there is a conflict.1.1.3 1. the Contractor must prepare a proposal to submit to the Consultant and the Employer for approval.5(b)(i) Noi Bai – Lai Cai Highway Project . Quan Hoang Mai. 7 am – 6 pm Monday to Saturday 0.5 8.2(b) 14.3 Data Vietnam Expressway Corporation Tang 5.12 1.1.05 % of the final Contract Price per day. in the currencies and proportions in which the Contract Price is payable. the provisions herein shall prevail over those in the GCC.

evidence of insurance.Insurance for other damage or loss: VND 10.1.2(d) -Insurance for natural Disaster and faulty design. Within 28 days after date of receiving the notice to commence Works b. 5.000 (50 million Vietnam Dong) per damage or loss.000.000. Within 28 days after date of receiving the notice to commence Works 18.2 20. VND 50.2 20.6 Arbitration shall be carried out in Vietnam under the Rules of Arbitration of the International Chamber of Commerce Summary of Sections of the Works Section Name/Description (Sub-Clause 1. . 3.000.VND 20. 4. b. relevant policies Maximum amount of deductibles for insurance of the Employer's risks 14.000.Particular Conditions of Contract 8-2 14.5(c)(i) Plant and Materials for payment when delivered to Site: 1. Cement Bitumen Reinforcement Steel Processed Aggregates complying with the relevant specifications Pre-cast units and bridge beams Minimum Amount of Interim Payment Certificates Maximum total liability of the Contractor to the Employer Periods for submission of insurance: a.6) Time for Completion (Sub-Clause 1.1 VND 5.5.6 17.3.000 (10 million VND) per damage or loss Minimum amount of third party insurance Date by which the DAB shall be appointed The DAB shall be comprised of List of potential DB sole members Appointment (if not agreed) to be made by Location and rules of arbitration 18.3 .2 20.00 (5 billion Vietnam Dong) equivalent The product of one (1) times the Accepted Contract Amount a.000 (20 billion Vietnam Dong) per damage or loss (but no limit to the number of damages or losses) 28 days after the Commencement Date Three Members None Chairman of Vietnam Construction Association 20.7) Noi Bai – Lai Cai Highway Project .Section 8 .6 18.1.000.3) Damages for Delay (Sub-Clause 8.000.3 20.000. 2.

the Contractor shall ensure that the total subcontracted amount shall be less than fifty percent Noi Bai – Lai Cai Highway Project 4. fault or other defect in the design of or Specification for the Works which he discovers when reviewing the Contract or executing the Works.Specific Provisions 1.1 Engineer’s Duties and Authority Add new paragraphs after the final paragraphs: Neither the Engineer.2 Permits. all official correspondence between the Contractor and Employer should have a Vietnamese translation attached. omission. nor his agents or servants. For the convenience of the Employer.4 Law and Language Add new final paragraph: The English language and the metric system of weights and measures shall be used in all correspondence and matters relating to the Contract. The Contractor's representative(s) should be able to speak and understand English sufficiently well to be able to clearly make themselves understood by the Engineer. including (without limitation) negligence (but excluding actual fraud). Licenses or Approvals Add new final paragraph: The Contractor including his appointed agent shall.1 Contractor’s General Obligations Add new fifth paragraph: The Contractor shall promptly notify the Employer and the Engineer of any error. The parties release and indemnify the Engineer.4 Subcontracting . materials and other things required for the Works. is liable to the parties or either of them or to any third party or stranger for anything done or omitted by him under this Agreement. however. and his agents or servants. be solely responsible for obtaining and completion of clearance through the Customs of the Contractor's Equipment.Particular Conditions of Contract 8-3 Part B . and for obtaining of the Government's consent to and for completion of the re-export of the Contractor's Equipment. No officer of the Employer or the Engineer or the Engineer’s Representative or any of their respective staff or employees shall be in any way personally bound or liable for the acts or obligations of the Employer under the Contract or answerable for any default or omission or performance of any acts. matters or things which are herein contained. and in turn be able to clearly understand him. Add new paragraphs after the final paragraph: In the event of approved subcontracting. from and against any claims. An appropriate notarized power of attorney or other form of appointment acceptable to the Engineer shall be provided upon appointment of the Contractor’s authorised representative. 3.3 Contractor’s Representative 4. 4. 2. in the course of discharging his obligations under the Contract. Add new final paragraph: The Contractor’s authorised representative shall have the authority to make decisions and negotiate on behalf of the Contractor.Section 8 .

Except where otherwise provided by the Contract the Contractor shall not subcontract any part of the Works without the prior approval of the Employer and such approval if given shall not relieve the Contractor from any liability or obligation under the Contract. 4. Details of labor.Particular Conditions of Contract 8-4 (50%) of the total Contract Price. This work shall be carried out by a surveyor approved by the Engineer. Completion date of the work(s) subcontracted. Terms and conditions of payments. levels and profiles in the Bidding Documents shall be treated as baseline information and the Contractor shall. and any errors or delays in the Works caused by the Contractor's failure to verify the accuracy for such data will not be an acceptable cause for extension of time and additional cost to the Employer. Date of subcontract. (b) evidence to confirm that the proposed Subcontractor: (i) is experienced and competent in the relevant work proposed to be subcontracted. and (c) such other information as the Engineer may reasonably require. Value of the subcontract. The Contractor shall.7 Setting Out Add new final paragraphs: The drawings. when seeking consent to subcontract part of the Works provide the Engineer with the following: (a) details of the value of the subcontract. temporary works and Subcontractor's equipment. If at any time during the execution of the Works. The Contractor shall also be responsible for the verification of the survey control points.8[Contractor’s Superintendence]. The Contractor shall furnish a copy of the above log to the Engineer and the Employer on monthly basis”. the position or level of any point of reference as established and provided by the Employer is disturbed. and (i) Progress of the work(s) subcontracted. particularly in respect of the provision of superintendence in accordance with Sub-Clause 6. The Contractor shall be responsible for keeping a log including the following information of all Subcontractors engaged in the Works: Name and address. and (ii) is properly registered or licensed to undertake the work. without any additional cost and time. Scope of work covered in the subcontract. surveys. the Contractor shall at his own cost restore the point to its original state.Section 8 . (a) (b) (c) (d) (e) (f) (g) (h) Noi Bai – Lai Cai Highway Project . preparation of revised drawings and obtaining approval of the Engineer before he starts any works. and that it is not allowed for the Subcontractors to further sub-let their subcontracts. benchmarks and such other information provided to him. be responsible for verifications. lines. Commencement date of the work(s) subcontracted.

guarantee or make any representation about the accuracy. 4. with a copy to the Employer. and to the extent permitted by law. the Employer will not be liable upon any Claim by the Contractor arising out of or in connection with that information or data or its completeness. (b) the additional work and additional resources which the Contractor estimates to be necessary to deal with the physical conditions. (f) The contractor shall use explosives only when the nature of the work to be done so requires them. Insert the following after fourth paragraph The Contractor acknowledges that such information or data does not form part of the Contract.12 Unforeseeable Physical Conditions Add new paragraphs after the final paragraph: The Contractor shall. in addition to complying with the legal requirements attending the purchase. adequacy or completeness of such information or data made available to the Contractor. transport. The Employer does not warrant.Particular Conditions of Contract 8-5 4. and (iii) take all reasonable steps to prevent damage to adjacent property.8 Safety Procedure Add sub paragraph (f) below the paragraph (e).Section 8 . (c) the time the Contractor anticipates will be required to deal with the physical conditions and the expected delay in achieving completion of Noi Bai – Lai Cai Highway Project . give notice thereof to the Engineer. In such case. and (ii) maintain full liaison with and inform well in advance and obtain such permission as is required from all Government authorities. together with details of: (a) the physical conditions encountered and in what respects they differ materially from those which a competent and experienced contractor should reasonably have expected if he had done those things which the Contractor is deemed to have done under the Contract. public bodies and private parties whatsoever concerned or affected by the blasting operations. The Contractor shall pay all license fees and charges of whatsoever kind relating to the use of explosives. when engaged in blasting operations: (i) post sufficient warning flagmen to the satisfaction of the Engineer. within fourteen (14) days of becoming aware of the obstruction or condition.10 Site Data Insert following after the first paragraph: Data made available by the Employer in accordance with the preceding paragraph shall be deemed to include data listed elsewhere in the contract as open for inspection at the address stipulated in the Contract. storage and handling of explosives the Contractor shall. 4.

The Contractor shall be given reasonable notice of this date. (b) carry out all of the monitoring and mitigation measures set forth in the Environmental Impact Assessment and the Environmental Management Action Plan attached hereto as Appendix A. within a reasonable time. in a form agreed with the Engineer. If the Contractor fails to comply with the above requirements in a reasonable manner.24 of these Conditions. from the site.18 Protection of the Environment Add new paragraphs after the final paragraph: The Contractor shall comply with all applicable national. temperature and other weather conditions. The Contractor shall (a) establish an operational system for managing environmental impacts. and (c) allocate the budget required to ensure that such measures are carried out. 4. the Engineer shall order a third party to rectify the shortcomings and shall recover the cost of such works from the Contractor If the Contractor fails to comply with the above requirements. materials. provincial and local environmental laws and regulations. equipment.18. 6. 6. as necessary of all buildings. all records that may be required by the Engineer relating to dates and details of all engineering operations. The Contractor shall submit quarterly reports on the carrying out of such measures to the Employer. and 6.25 Site Conditions Add new Sub-Clause 4.4.21 Progress Reports Add the following as subparagraph to Sub-Clause 4.25: The Contractor shall take the Site in the condition in which it is handed over. and a daily return showing in detail by trades the staff. river levels. and (d) the Contractor's estimate of the cost of measures necessary to deal with the physical conditions. plant. 4. Unless otherwise specified in the Contract and subject to the provisions of Sub-Clause 4.7. the number of men employed. rainfall. the hours worked and any other particulars in relation thereto that the Engineer may additionally require. the Contractor shall supply. the work on which they are engaged. for which the shortcomings are to be rectified.Section 8 . The Contractor shall be entirely responsible for the removal. fixtures and other things salvaged from the site or from the Works shall Noi Bai – Lai Cai Highway Project . the plant on site. debris etc. a date may be fixed by (or on behalf of) the Employer. 4. all materials.Particular Conditions of Contract 8-6 the Works.21” Add new final paragraph: In addition to monthly reporting.21: “(i) monitoring of the obligations in Sub-Clauses 4. and disposal.

demands. including recruitment.” 6. working conditions and terms of employment or retirement. All work at night shall be carried out without unreasonable noise and disturbance.18 of these Conditions and other relevant requirements of the Contract Documents.4: The Contractor shall not make employment decisions based on personal characteristics unrelated to job requirements. and water and separate sanitation facilities for male and female workers. or those of his Subcontractors are directly or indirectly involved. and discipline. charges and expenses whatsoever in regard or in relation to such liability. or official holiday works under the conditions prescribed above then the Contractor shall be liable for all related additional supervision costs incurred by the Employer or the Engineer. compensation (including wages and benefits).4 Labour Laws Add the following as subparagraphs to Sub-Clause 6. day of rest.7: The Contractor shall conduct health and safety programs for workers employed on the project.7 Health and Safety Add the following as subparagraph to Sub-Clause 6. the details of any accident whether on-site or off-site in which the Contractor. and Human Trafficking Prevention Program in the construction campsites with such Program being held in coordination with Viet Nam’s programs and other initiatives. The Contractor shall (a) provide equal wages and benefits to men and women for work of equal value or type. proceedings.Particular Conditions of Contract 8-7 become the property of the Contractor. and shall carry out the HIV. and shall not discriminate with respect to aspects of the employment relationship. Add new final paragraph: The Contractor shall report in writing to the Engineer.5 Working Hours Add new final paragraphs: The Contractor is at liberty to propose the carrying out of works during the night and on locally recognised days off rest and the Engineer will not withhold permission provided that he is satisfied with the Contractor's arrangements for compliance with Clause 4. and (d) provide day care services for female construction workers. In the case of injury. his personnel or Construction plant. hiring.Section 8 . within 24 hours. The Contractor shall indemnify the Employer from and against any liability for damages on account of noise or other disturbance created while or in carrying out the work and from and against all claims. Noi Bai – Lai Cai Highway Project . (c) provide equal wages to male and female workers for work of equal value. The Contractor shall base the employment relationship upon equal opportunity and fair treatment. 6. If the Engineer gives permission for night. (b) provide safe working conditions. Illicit Drugs. 6. costs.

1 Taking Over of the Works and Sections Noi Bai – Lai Cai Highway Project . 7.21: The Contractor shall not employ any child to perform any word.21 and replace with the following Sub-Clause 6. rejection. not have caused. have taken and continue to take all steps necessary both to preclude the cause of the delay and to avoid or minimise the consequences of the delay. 6. if provided in 10. 7. “Child” means a child below the statutory minimum age of 15. or contributed to the delay. Commencement. the Engineer is under no obligation or duty to assist the Contractor to identify all or any errors.4 Testing 8. the Contractor shall immediately verbally notify the Engineer verbally and in addition notify the appropriate authorities.21 Prohibition of Harmful Child Labor Delete Sub-Clause 6. instruction or comment by the Engineer in relation to the inspection or testing carried out shall not relieve the Contractor of any of his obligations under the Contract”. Delays and Suspension 8. The materials or work being tested will not be accepted by the Engineer as having passed the tests until the results of all tests relating to that material or work are satisfactory The Contractor acknowledges that: (a) in conducting or arranging for inspection and testing. or be likely to be delayed in reaching substantial completion of the Works or any Section or any part thereof. Employer’s Taking Over Add the following after first paragraph of Sub-Clause 10.1. Plant.Particular Conditions of Contract 8-8 fatality or serious accident. Such initial notification shall be followed by a written comprehensive report within 24 hours of the accident. all testing under this Contract shall be carried out in a laboratory which is registered with an authority approved by the Engineer for the sampling and testing required.1 In no circumstance will any part of the Permanent Works be considered substantially complete until at least the following components. Material and Workmanship Add new final paragraphs: Unless otherwise specified or approved.Section 8 . have been actually delayed. omissions or defects in the materials or Plant.4 Extension of Time for Completion Add new final paragraphs: It is a condition precedent of the Contractor's entitlement to an extension that the Contractor must: (i) (ii) (iii) have given the notices required by Sub-Clause 20. (b) any acceptance. (iv) 10.

the Contractor shall supply all drawings as appropriate of the work as-built.Particular Conditions of Contract 8-9 the Contract. and if not otherwised provided for in the Contract. delete the Sub-paragraph.. “Eo’.4 with the following: All payments to the Contractor shall be made in the Dong currency of the Socialist Replic of Vietnam (hereinafter called local currency) and US Dollars (hereinafter called foreign currency).. expressed in the relevant currency of payment. Unless otherwise agreed. “Lo”. the Work shall not be considered to be completed for the purpose of Taking Over until such drawings have been supplied to the Employer.Section 8 .1: All orders for variations of the work shall be effected by means of a written Change Order signed by both the Engineer and the Contractor and approved by the Employer which shall establish the basis of payment and any time adjustment required for the execution of the work affected by the variation. but in all cases. 13.. are complete to the satisfaction of the Engineer: (i) (ii) (iii) (iv) (v) (vi) (vii) Bituminous surfacing Road shoulders Side drains Culverts & Bridges Retaining walls & Masonry work Grassing & slope protection Safety measures After second paragraph.8. add additional paragraph as follows: Before the Works are taken over in accordance with this Clause 10. Either the Contractor or the Engineer may propose variations. … are the base indices or reference price. Variations and Adjustments 13. each of which is applicable to the relevant tabulated cost on the Base Date”. in the same proportions of the local and foreign currency components of the various Unit Prices and Rates as have been established in the Contract Agreement. “The formula shall be of the following general type:……………. 13. the formal Change Order will be issued by the Engineer following negotiation with the Contractor and agreement by the Employer. The above paragraph shall be deleted and replaced with the following paragraphs: Price Adjustment Method The price adjustment shall be applied to the first and subsequent Noi Bai – Lai Cai Highway Project .8 Adjustments for Changes in Cost From the third paragraph of Sub-clause 13. 13.1 Right to Vary Add new paragraph after the final paragraphs of the Sub-Clause 13.4 Payment in Applicable Currencies Replace Sub-Clause 13. “Mo”.

showing estimated ratio of price for fuel factor (diezel). e2. by the addition or subtraction of the amounts determined by the formulae prescribed below. Contractor’s equipment. Weighting of adjustment coefficient of the above price escalation formula is taken following the table below: ” Weighting A b d Descriptions Non-adjusted price weighting representing the effect on local labour weighting representing the effect on fuel Percentage 20% 10% .b is a coefficient. showing estimated ratio of price for equipment factor used for construction.e3 is a coefficient.Particular Conditions of Contract 8-10 progress payments to the contractor for the works performed throughout the contract period and whatever extended period approved by the Employer.d is a coefficient. The amounts payable to the Contractor and valued at base rates and prices pursuant to Clause 13 and 14 shall be adjusted in respect of the rise or fall in the cost of labor. . that can not be adjusted in payment of Contract. Adjustment Formula Pn = A + b Where: Ln En Blo B 2o B3o Qn +d + el + e2 + e3 + f Lo Eo B ln B 2n B3n Qo 1 . . showing estimated ratio of price for local labour factor.14% 10% .A is a coefficient. . e1. showing estimated ratio of price for major material factor used for construction – that is bitumen. materials and other inputs to the Works. b.“Pn is the adjustment (increase or decrease) to be applied to the pay items under consideration “n”.f is a coefficient.e1 is a coefficient. . as shown clearly in the table below.20% Noi Bai – Lai Cai Highway Project . showing fixed weighting. 2 – Weightings A. e3 and f : . . . d. showing estimated ratio of price for major material factor used for construction – that is steel.e2 is a coefficient. showing estimated ratio of price for major material factor used for construction – that is cement.Section 8 .

B2n is the current price index of major material used for bridge and boxculvert construction: Steel Material.28% 16% . Basic price indices is current price indices.Section 8 .Particular Conditions of Contract 8-11 e1 e2 e3 f weighting representing the effect on cement weighting representing the effect on steel materials weighting representing the effect on bitumen materials weighting representing the effect on construction equipment Total 16% . B1n is the current price index of major material used for bridge and box culvert construction: cement material. B3n is the current price index of major material used for pavement construction: Bitumen Material. B20 is the basic price index of major material used for bridge and boxculvert construction: Steel Material. After the current indices are available. B30 is the basic price index of major material used for pavement construction: Bitumen Material. the Employer shall fix temporary indices for use until the current indices are available.10% 100% Lo is the base price index of local labour. Ln is current price index of local labour. taken at the time of 28days before bid opening.28% 8% . B10 is the basic price index of major material used for bridge and box culvert construction: cement material. With regard to price index for cement material. Current price indices determined at the time of 28days before acceptance of completed quantity. Index for local labour is taken following Vietnam General Statistics Office. Eo is basic price index of Diezel. If the current indices is not issued by authorized agencies by that time. the Bidder shall obtain Noi Bai – Lai Cai Highway Project . Price index for diezel fule shall be provided by General Statistical Office Hanoi in the project area. Qn is index for current equipment.28% 16% . the Contractor’s payment amount shall be adjusted. Qo is index for major equipment.

Insurance Delete the words ‘’ Wherever “ of the begin sentence of the second paragraph of the Sub-Clause 18. and (iv) the reinsures having financial security rating in accordance with the Law on Insurance Business.1 General Requirements for Insurances Delete the Third paragraph of the Sub-Clause 18. In case the Contractor is insuring Party the insurance consultant shall also assist the Contractor in insurance matters consultancy and the Contractor shall coordinate with the consultant in arranging the insurance program and selecting insurer appropriate to the Project. Japan. in US Dollar and converted in Vietnam Dong with exchange rate at the time of calculation. used to render insurance service for civil works in the same geographical region. which is located at Hanoi city. each insurance policy shall be carried out by Insurers coming from eligible countries and under legal operation in Vietnam. 18. 18. and being approved by the Employer.Particular Conditions of Contract 8-12 price issued by General Statistical Office Hanoi.1 as follows: The Employer may engage an independent insurance consultant company to act as the insurance consultant for both the Employer and the Contractor assisting on insurance matters of the whole Project. and America) to market of developing countries.1. Price index for equipment shall follow regulations on equipment exported from G5 Industrial Countries (France.Section 8 .7. Regarding price index for steel material. England. Contract Price and Payment 14. 14. Add new paragraphs after second paragraph of the Sub-Clause 18. and (v) The insurer for the Project shall come from eligible countries (as listed in Section 5 – Eligible Countries) and has been granted with legal permit to operate in Vietnam. which is located in the project area. the Bidder shall obtain price issued by quotation of General Statistical Office Hanoi. (ii) experience and capability to serve the insurance need of the Project.7 Payment Delete the words “in the payment country (for this currency) specified in the Contract” of the last sentence of the Sub-Clause 14. Noi Bai – Lai Cai Highway Project .1 as follows: The Contractor is the insuring Party. The regulations are issued twice a year by World Bank. Germany. (iii) insurance term and conditions satisfying the risks of the Project. The insurer for the Project shall has (i) full legal capacity according to the Law on Insurance Business.

2 [Insurance for Works and Contractor's Equipment]) or to any person (except persons insured under Sub-Clause 18. ADDITIONAL CLAUSES 21 Taxation The Contractor’s staff.Particular Conditions of Contract 8-13 Add new paragraphs after final paragraph of the Sub-Clause18.2 Insurance for Works and Contractor’s Equipment Insert following after the second paragraph of the Sub-Clause 18. the Contractor shall agree to deduct that tax portion from his payable amount in compliance with prevailing regulations of Vietnam.1 as follows: If and when such damage /or loss occurred. and labour will be liable to pay personal income taxes in Viet Nam in respect of their salaries and wages as are chargeable under the laws and regulations for the time being in force. and the Contractor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws and regulations The Contractor shall propose to pay tax directly to Tax Department in Vietnam or shall have the tax paid by the Employer if the Contractor is not eligible enough to pay tax.4 [Insurance for Contractor's Personnel]).3 Duties on Contractor’s Equipment All items imported by the Contractor into Viet Nam for the purpose of. or in connection with the Contract. 18.2 : and Clause 12 [Test after Completion]. Add new Sub-Clause 22: Navigation of ships and barges in waterways within the Site and adjacent Noi Bai – Lai Cai Highway Project 21.1 Personal Income Taxes 21. Employer shall have the full rights to participate in the entire process of investigation on the loss/damage and negotiation for payment base on agreed insurance policies and real level of damaged /loss. Operations in Rivers . shall be subject to the customs and other import duties in accordance with the current regulation in Viet Nam. 18.3 Insurance against Injury to Persons and Damage to Property Delete the words ‘’ the insuring Party “ of the begin sentence of the first paragraph and insert the words “The Contractor” as follows: The Contractor shall insure against each Party's liability for any loss. which may arise out of the Contractor's performance of the Contract and occurring before the issue of the Performance Certificate.2 Tax Payment 22. death or bodily injury which may occur to any physical property (except things insured under Sub-Clause 18. If the Employer pays the tax on behalf of the Contractor. damage.Section 8 . 21.

discussion. charges and expenses arising out of or in consequence of any operations of the Contractor or of any Subcontractor which obstruct or interfere with navigation or affect waterways within the Site and adjacent areas. resolution or agreement shall constitute a waiver of those or any other rights under the Contract. The Contractor at all times. Waiver of Conditions Add new Sub-Clause 23: Except as provided elsewhere in the Contract. Without limiting the generality of the foregoing no delay or failure by the Employer or the Engineer to exercise any rights under this Contract. craft or plant is insured or has been declared a total loss shall not absolve the Contractor from his obligation under this Sub-Clause to raise or remove the same. none of the terms of the Contract shall be varied. shall not allow his fixed or floating equipment to interfere in any way with navigation in the waterways without the prior written approval of the relevant authorities. suits. discharged or released either at law or in equity by the Employer except with the prior consent in writing of the Employer in each instance. demands. Noi Bai – Lai Cai Highway Project . lighting and watching any structure. The Contractor shall expeditiously raise and remove any plant (floating or otherwise) belonging to him or to any Sub-contractor or to any person employed by him which may be sunk in the course of the execution of the Contract or otherwise deal with the same as the Engineer may direct. craft or equipment which may be used in the construction of the Works. waived. damages. costs. may set such buoys and lights to mark out such sunken plant and raise and remove the same (without prejudice to the right of the Employer to hold the Contractor liable) and the Contractor shall refund to the Employer all costs in connection therewith. The Contractor shall comply with all orders and directions given to him from time to time by the relevant authorities or the Engineer in respect of navigation and shall conform in every way to their requirements in respect of mooring.Particular Conditions of Contract 8-14 areas will continue throughout the execution of the Contract. The Contractor shall indemnify the Employer from and against all actions.Section 8 . nor any instruction. Until the same shall be raised and removed the Contractor shall set such buoys and display at night such lights and do all such things for the safety of navigation as may be required by the relevant authorities or the Engineer. The fact that the sunken vessel. marking. 23. the Engineer or the relevant authorities. In the event of the Contractor not carrying out the obligations imposed on him by this Clause. claims. comment.

.............2 Contract Agreement ..................................................................................3 Performance Security .........................................4 Advance Payment Security ....................................................... shall only be completed by the successful Bidder after contract award................................Contract Forms This Section contains forms which..5 Noi Bai – Lao Cai Highway Project ........................ The forms for Performance Security and Advance Payment Security.... once completed............................................................ 9................... will form part of the Contract....................................................... 9................................. when required............................Section 9 – Contract Forms 9-1 Section 9 ....... Table of Forms Letter of Acceptance ............... 9.............................. 9....

...... .. . . . ........ ... ... as given in the Contract Data . ...... . Notification of Award Contract No.. Attachment: Contract Agreement Noi Bai – Lao Cai Highway Project ..... ... . ...... ....... ... .... . as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by our Agency....... .... .. . .name of the contract and identification number.. .. ..... . .. To: .... ....... ..... . .. .. . .. Authorized Signature: ........ . date.. . .. ... . ... .... Subject: ....... .. ... . ... .... for execution of the . date .. . . ...... . .... ...... using for that purpose the of the Performance Security Form included in Section 9 (Contract Forms) of the Bidding Document.... .. ... ...... .... .. . .. ... ..... . ..... . . . This is to notify you that your Bid dated .................... You are requested to furnish the Performance Security within 28 days in accordance with the Conditions of Contract.. .... .. . ... .. . . .. . name and address of the Contractor . .. ... ... ... ... .. Name and Title of Signatory: ... for the Accepted Contract Amount of the equivalent of ....Section 9 – Contract Forms 9-2 Letter of Acceptance [on letterhead paper of the Employer] . . . . .. .. . ...... . .amount in numbers and words and name of currency .. Name of Agency: .. ... .

.... 2.... .. .. . of the other part: WHEREAS the Employer desires that the Works known as . . . . ........... ...... Address...day of .... Date Witness. between .... and the completed Schedules.. ... Address. . .. month and year indicated above. .. . . name of the Contractor.... ......... . .... Signature.. Name. Signed by . (hereinafter “the Employer”). .........on the day. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying of defects therein.... name of the Employer. ..... ... .... ... for and on behalf of the Employer in the presence of Signed by ...... .. and has accepted a Bid by the Contractor for the execution and completion of these Works and the remedying of any defects therein. ... Name... ...... ... The Employer and the Contractor agree as follows: 1... the Specification the Drawings. ... . .. .......... . ..... and .. insert addenda numbers if any. .Section 9 – Contract Forms 9-3 Contract Agreement THIS AGREEMENT made the .. IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of .. . . .... . . Date Noi Bai – Lao Cai Highway Project .. ... ...... name of the borrowing country.. . the Particular Conditions the General Conditions.. .... . the Contractor hereby covenants with the Employer to execute the Works and to remedy defects therein in conformity in all respects with the provisions of the Contract...(hereinafter “the Contractor”).. . of the one part. .... 4. . In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract documents referred to.. 3... . . The following documents shall be deemed to form and be read and construed as part of this Agreement. . . ........ ... .. ...... . name of the Contract... ..... . .... the Letter of Acceptance the Letter of Bid the Addenda Nos.. .. ... . the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. . . . ... . Signature. ... This Agreement shall prevail over all other Contract documents.. . .. for and on behalf the Contractor in the presence of Witness.. ..should be executed by the Contractor.... In consideration of the payments to be made by the Employer to the Contractor as indicated in this Agreement. ... .... ... .

......... && #nsert the date twenty0eight days after the e.. ..... we understand that.... ... .tension of this guarantee for a period not to e........... Performance Guarantee No..... .. This guarantee is subject to the Uniform Rules for Demand Guarantees..... . in response to the Employer"s written re1uest for such e..t is for guidance on how to prepare this demand guarantee and shall be deleted from the final document... ... .. ....piration date established in the guarantee.... ... .. .. for the execution of ......................... name of the Contractor.. 'eal of an! and 'ignature(s) Note* All italici+ed te..Section 9 – Contract Forms 9-4 Performance Security .. .piry of the guarantee... ........ .....3 Noi Bai – Lao Cai Highway Project ...... .ceed [si. .............. .. .. ...... #n preparing this guarantee. ...... ..pected completion date... except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.... no later than the .. name of the currency and amount in figures&.. This guarantee shall expire........... according to the conditions of the Contract. . We have been informed that ... . ............tension of the time for completion of the Contract.. name of contract and brief description of %or!s..uarantor shall insert an amount representing the percentage of the Contract /rice specified in the Contract and denominated either in the currency(ies) of the Contract or a freely convertible currency acceptable to the Employer.. (... Day of .. & -he ..... ..... .. -he Employer should note that in the event of an e........... Furthermore... ..... without your needing to prove or to show grounds for your demand or the sum specified therein...... ....... . ..... .. .. . **. ...... . ......uarantor agrees to a one0time e. ...... ......... (hereinafter called "the Contract").. . ............. . .. . ....... .. such re1uest to be presented to the .. ....... ... .. . months][one year]. . ... 458.tension. ..... ...... ICC Publication No.uarantor before the e...with you. at the end of the penultimate paragraph* 2-he ... ...... reference number of the Contract.. ... ............. ..... (hereinafter called "the Contractor") has entered into Contract No....... . ) such sum being payable in the types and proportions of currencies in which the Contract Price is payable... the Employer would need to re1uest an e.. ........t to the form. name of the an!.. . . . .... a performance guarantee is required.. amount in words.. the Employer might consider adding the following te... dated .. hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of .. ...: . .. Beneficiary: . .. .. ... Date: ..... . we . ... an!"s Name....... upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation(s) under the Contract.. At the request of the Contractor. .. and any demand for payment under it must be received by us at this office on or before that date. ..... . 'uch re1uest must be in writing and must be made prior to the e.. ...... and Address of #ssuing ranch or $ffice ........ . . .... Name and Address of Employer .......uarantor....tension of this guarantee from the . .

.tension. amount in words. ... .. the Employer might consider adding the following te. .3 Noi Bai – Lao Cai Highway Project ... 'uch re1uest must be in writing and must be made prior to the e. ..... . . .....uarantor before the e... .... .. & -he .. .. ) upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract because the Contractor used the advance payment for purposes other than the costs of mobilization in respect of the Works.piration date of the -ime for Completion.: ......tension of this guarantee for a period not to e.... . .. .. at the end of the penultimate paragraph* 2-he ... (. .. ..... day of . . .. ) is to be made against an advance payment guarantee.. ..... . according to the Conditions of the Contract. name of the Contractor.. an advance payment in the sum .. .. . ICC Publication No.. . .... . . . .... (. ...... name and address of the an!. Contractor"s account number.. .... ... at the latest. .. name of the currency and amount in figures&.. . .... . ....... .... the Employer would need to re1uest an e.. .....uarantor. Name and Address of Employer ..... ... in response to the Employer"s written re1uest for such e... ....... at . . .. . Furthermore. .. ... .... reference number of the Contract..... .. name of contract and brief description of %or!s... ... . ..... .. .. .. . ....... ....t to the form... .... . .. #n preparing this guarantee........ .. .... .... The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Contractor as indicated in copies of interim statements or payment certificates which shall be presented to us.. ........ amount in words....... . . such re1uest to be presented to the . ..tension of the time for completion of the Contract. ...... .. ............ ....... Advance Payment Guarantee No......... ............ months][one year].... . This guarantee is subject to the Uniform Rules for Demand Guarantees. && #nsert the e...... .. ...ceed [si.. .Section 9 – Contract Forms 9-5 Advance Payment Security .. ... .. . ........ 'eal of an! and 'ignature(s) Note* All italici+ed te...&&...... ... Date: ... .. .. name of the currency and amount in figures&. ..uarantor agrees to a one0time e.with you... Beneficiary: ...t is for guidance on how to prepare this demand guarantee and shall be deleted from the final document.. ....... ...... .... ... upon our receipt of a copy of the interim payment certificate indicating that eighty (80) percent of the Contract Price has been certified for payment.piration date established in the guarantee. .. ... we .. whichever is earlier. . .............. . . .uarantor shall insert an amount representing the amount of the advance payment denominated either in the currency(ies) of the advance payment as specified in the Contract.... ....pected e... Consequently... .. .. We have been informed that .....piry of the guarantee... or in a freely convertible currency acceptable to the Employer. -he Employer should note that in the event of an e... an!"s Name.. for the execution of .... . It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Contractor on its account number .... This guarantee shall expire... hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of ... ... .tension of this guarantee from the . we understand that.. . dated ............. At the request of the Contractor. name of the an!.... . any demand for payment under this guarantee must be received by us at this office on or before that date. . .. (hereinafter called "the Contractor") has entered into Contract No........... ... or on the .. and Address of #ssuing ranch or $ffice ... (hereinafter called "the Contract").... ..... ... 458. .........