SBD of Goods-English-draft8-March 11

Draft No.
8
January, 2005

STANDARD BIDDING DOCUMENTS
PROCUREMENT OF GOODS
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TABLE OF CONTENTS
Page
Part 1: General Requirements on Bidding Procedures
Chapter I. Instructions to Bidders ...................................................... 5
A. General .................................................................................. 6
B. Preparation of Bids.................................................................. 7
C. Submission of Bids ................................................................. 12
D. Opening and Evaluation of Bids ............................................ 12
E. Award of Contract .................................................................. 18
ChapterII. Bid Data Sheet ................................................................... 21
Chapter III. Bid Evaluation Criteria ................................................. 26
Chapter IV.. Bidding Forms ............................................................... 50

Form No. 1: Bid Form.................................................................. 50
Form No. 2: Price Schedule for Locally manufactured Goods.... 51
Form No. 3: Price Schedule for Imported Goods....................... 52
Form No. 4: Price schedule for foreign Goods which were imported and
are sold in Vietnam
Form No. 5: General Information about Bidder ......................... 54

Form No. 6: Financial Status Report........................................... 57
Form No. 7: Bid Security............................................................. 58
Form No. 8: List of On-going Contracts...................................... 59
Form No. 9: Report on Project Implementation Experience- ..... 60
Form No. 10: Manufacturer’s Authorisation............................... 61
Form No. 11:................................................................................
Part 2: Supply Requirements
Chapter V: Scope of supply
Chapter Vi: Supply Schedule
Chapter VII. Technical Requirements
Part 3: Requirements on Contract
Chapter VIII. General conditions of Contract
Chapter IX. Specific conditions of Contract
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Chapter X: Contract Forms
Form No. 11: Contract
Form No. 12: Performance Security
Form No. 13: Advance Payment Security
Appendix: Invitation for Bid
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ABBREVIATIONS
1. BDS Bid Data Sheet

2. BD Bidding Document
3. Bid Bid
4. GCC General Conditions of Contract
5. SCC Specific Conditions of Contract
6. BEC Bid Evaluation Criteria
7. PPR Public Procurement Regulation
8. FOB: Free on Board (exclude insurance and freight
charge)
9. CIF Cost, Insurance and Freight
10. CIP Carriage and Insurance Paid To
11. EXW: Ex-Work
12. FCA Free-Carrier
13. NCB National Competitive Bidding
14. ICB International Competitive Bidding
15. ODA Package The Bidding Package under projects using ODA
loans from international banks (WB, ADB, JBIC, KFW, AFD…)
16. Decree 88/CP Procurement regulation promulgated together with

Decree 88/1999/ND-CP dated 01/09/1999 by Government
17. Decree 14/CP Decree 14/2000/ND-CP dated 05/5/2000 by
Government on amendment and supplement of the Procurement
Regulation,
18. Decree 66/CP Decree 66/2003/ND-CP dated 12/6/20003 by
Government on amendment and supplement of Bidding Decree,
19. Circular 04/TT-BKH Circular 04/2000/TT-BKH dated 26/5/2000
issued by MPI on guiding the implementation of the Procurement
Regulation
20. Circular 01/TT-BKH Circular 01/2004/TT_BKH dated
2/2/2004 issued by MPI on guiding the implementation of the
Decree 66/CP
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Part 1
REQUIREMENTS ON BIDDING PROCEDURES
Chapter I: Instruction to Bidder

A. GENERAL
Section 1. The bidding
1. Procuring entity invite bidders to submit its bid for supply of goods .
Name of the goods bidding package and scope of supply are described in BDS.
2. Contract implementation term is provided in BDS.
Section 2. Source of funds
Source of funds for the bidding package is defined in BDS.
Section 3. Eligibility of bidders
1. Bidder shall guarantee of having legal and civil capability, additional
capability in civil behavior for individual bidders, to sign and implement
contracts. Specifically, bidders shall have, certificate of business registration or
business license or other requirements specified in BDS.
2. Bidder shall guarantee of being financially independent as specified in BDS.
3. Bidder shall guarantee of not having its name in more than one bid to
the same bidding package, either independently or in joint venture.
Section 4. Eligible goods
1. All goods and related services of clear and legal origin are deemed to
be eligible for bidding.
2. Origin of the goods means the place where the goods are processed,
manufactured, mined for processing in conformity with the law
Section 5. Cost of bidding
The bidder shall bear all costs associated with the process of participating
in the bidding since preparation of its bid till publication of contract award, for
successful bidder till contract signing. The procuring entity shall not bear these
costs in any case.
Section 6. Bidding documents and clarification to bidding documents
1. Bidding documents comprises of all information listed in the Table of
Contents. The bidder is expected to carefully check and examine contents of
bidding documents to avoid all possible risks .
2. In the case of requiring any further clarification of the bidding
documents, the bidder shall notify the procuring entity in writing to the address
indicated in the BDS. Procuring entity will only respond to request for
clarification of the bidding documents which it receives in writing (which may
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be faxed earlier to keep up with the rate of progress) no later than a certain
number of days prior to the deadline for the submission of bids and that number
will be specified in BDS. Written copies of procuring entity response (including
the query but without identifying the source of inquiry) will be sent to all
bidders who received the bidding documents.
Section 7. Amendment of bidding documents
1. Only in special circumstance, prior to the deadline for submission of
bids, the procuring entity may modify the bidding documents by issuing
amendment.
2. In order to allow bidders reasonable time in which to take the
amendment into account in preparing their bids, the procuring entity may extend
the deadline for submission of bids.
3. Amendment(s) to the bidding documents shall be (an) integral part of
the bidding documents and notified in writing to all bidders who received the
bidding documents prior to the deadline for submission of bids at least 10 days
to allow bidders reasonable time to finalize their bids. Bidders shall notify
procuring entity of receiving the amendment in writing or fax and the original
notification shall be included in the bids.
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B. PREPARATION OF BIDS
Section 8. Language
The bid, as well as all correspondence and documents relating to the bid
exchanged by the bidder and the procuring entity shall be written in the
language specified in BDS.
Section 9. Content of the bid
The bid prepared by the bidder shall comprise the following components:
1. Bid form and price schedule completed in accordance with Sections
10, 11 and 12 of this Chapter.
2. Documentary evidence established in accordance with Section 13 of
this Chapter that the bidder is eligible to bid, capable to bid and qualified to
perform the contract if its bid is accepted.
3. Documentary evidence established in accordance with Section 14 of
this Chapter that the goods and ancillary services to be supplied by the bidder
are eligible goods and services and conform to the requirements.
4. Bid security furnished in accordance with Section 15 of this Chapter.
Section 10. Bid form
Bid form shall be prepared by the bidder in accordance with Form No. 1
Chapter IV . Bid form shall be signed by the legal representative of the bidder
(head of the bidder's organization) or the authorized person enclosed with the
letter of authorization.
Section 11. Bid prices
1. Bid price will be the price offered by the bidder after deducting the
discount (if any). The bidder shall offer price for all goods and incidental
services (if any) following the type of contract specified in BDS. Bid prices shall
comprise all necessary costs for implementation of the bidding package.
2. In the case that bidder wish to offer a discount, letter of discount may
be submitted with the bidding documents or separately, provided that the
submission be prior to deadline for submission of bids. The discount letter
should mention clearly the content of the discount and specific categories of the
discount allocation. In case, there is no discount details, the discount will be
divided equally for all categories in the price schedule with the same ratio.
3. In the case that bidding package is divided into lots and requested to
offer price for each lot, the bidder may offer separate price(s) for lot(s) or as a
whole of all lots. Procuring entity will evaluate bids and make recommendations
for contract award according to such respective offers.
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4. Bidder shall furnish in full appropriate information to the price
schedule including unit price, price per item and total price for the
implementation of the package in accordance with forms No. 2 and 3, and 4
Chapter IV . In each price schedule table, the offering prices may be for lot or
lots in accordance with requirements stipulated in item 3 of this Section:
a)) For goods manufactured or produced within Vietnam (Form No. 2,

Chapter IV ):
- The EXW price of the goods shall be quoted , when the goods partially
haveparts, components, materials, etc., which were previously imported for
manufacturing or assembling of the goods to be supplied for the bidding
package, the EXW price, besides the local manufacturing costs, shall include
VAT, imported duties, customs charges payable for the imported parts;
- Tax and Duties in accordance with Vietnamese laws shall be specified

in BDS;
- The costs for transportation, insurance and other costs needed to
deliver the goods to stock or assembling site of procuring entity (final
destination) shall be specified in BDS;The price of other mandatory related
services to implement the bidding package shall be specified in BDS;
b) For goods to be imported from abroad (Form No. 3, Chapter IV):
- The price of the goods shall be quoted CIF or CIP or FOB as specified
in BDS;
- Tax and duties in accordance with Vietnamese laws shall be specified in
BDS;
- The price for inland transportation, insurance, and other local costs
incidental to delivery of goods from the port of entry to stock or assembling site
of procuring entity shall be specified in BDS;
- The costs of other mandatory related services to implement the bidding
package shall be specified in BDS;
c) For foreign goods which are imported and being sold in Vietnam (Form No.4
Chapter IV):
- The price of the goods shall be quoted EXW, including VAT, import tax,
custom duty payable for such imported goods;
- All taxes and duties as required by Law shall be specified in BDS
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- Costs for Freight, Insurance and other cost in Vietnam to deliver goods to
stock or assembling site of the procuring entity shall be specified in BDS
- The price of other mandatory related services to implement the bidding
package shall be specified in BDS
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5. The terms EXW, FOB, CIF, CIP, etc,. shall be governed by the rules
prescribed in the edition of Incoterms specified in BDS.
Section 12. Bid currencies:
Prices shall be quoted in currency or currencies specified in BDS.
Section 13. Documents Establishing Bidder’s Eligibility and
Qualification
1. Documents establishing bidder's eligibility:
a) The independent bidder shall furnish documents establishing the
bidder's eligibility in accordance with Section 3 of this chapter, including:
- Copy of legitimate business license or business registration certificate
issues by the competent authority; (for foreign bidders: copy of legitimate
business registration certificate issued by its country’s competent authority).
- Other required documents as specified in BDS.
b) The joint venture bidder shall furnish the following documents:
- Documents mentioned in point a) of this item for each member of the
joint venture;
- Joint venture agreement among members in writing which must indicate
names of all members in the joint venture, place and date of signing the joint
venture agreement, concrete work proportion of each member, common
responsibilities and individual responsibilities of each member in the
implementation of the bidding package, designating name of one member to be
joint venture leader, who bare main responsibility and have sufficient
competence to sign documents related to bidding process. Correspondence
exchanged between joint venture leader and procuring entity shall bind all joint
venture members in terms of legal responsibilities.
2. Documents establishing bidder's qualification and experience:
a) Documentary evidence of bidder's business capacity and financial
capability in accordance with Forms No. 5 and No.6 Chapter IV . For Joint-
venture bidders, bidder’s qualification is the sum of all members’ qualification.
The joint venture bidder shall furnish documents evidencing the correspondent
capability to the nature of the work proportion taken by each joint venture
member to implement the bidding package.
b) Documentary evidence of bidder's experience in implementation of the
bidding package (the contract) in accordance with Forms No. 8 and No. 9,
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Chapter IV . For the joint venture bidder, each member shall evidence its
experience suitable as requested by the bidding documents for implementation
the proportion assigned within the joint venture.
c) manufacturer's authorization in accordance with Form No. 10, Part IV
for some specific goods as specified in the bidding documents in the case that
the the supplier is not the manufacturer.
d) Other documents as required in the BDS.
Section 14. Documents establishing the eligibility and conformity

(responsiveness) to the bidding documents of goods and accompanied
services.
1. Documents establishing the eligibility of goods.
Bidder shall furnish documentary evidence of the goods' eligibility. For
the goods manufactured & processed locally (listed in accordance with Form
No. 2, Chapter IV), and the imported goods manufactured & processed outside
Vietnam (listed in accordance with Forms No. 3 and 4 of Chapter IV) , bidder
shall indicate manufacturing place, (name of the country, name of the firm),
product code and other supporting documents .
2. Documents establishing the conformity to bidding documents of goods
and related goods.
Bidder shall furnish documentary evidence of conformity
(responsiveness) to the bidding documents of the goods and accompanied
services in form of written text, drawing and data, as follows:
a) Detailed description table of technical specifications, basic usage
property of the goods (attached with some descriptive drawing if needed) in
accordance with Chapter VII ;
b) Comments on the basic responsiveness of the goods that is being
offered by the bidder to technical requirements outlined in Chapter VII as well
as pointing out the deviations or other proposals (if there are) from the bidding
documents;
c) Detailed description of accompanied services in accordance with
Chapter VII ;
d) Detailed description of delivery schedule for goods and attached
technical documents, schedule for implementing technical services in
accordance with requirements outlined in Table 1 and 2 Chapter IV ;
e) Other contents as specified in BDS.
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Section 15. Bid security
1. When participating in the bidding, bidder shall submit a bid security in
the form as specified in BDS.
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2. Bid security shall be valid within the validity period of the bid plus
additional 30 days (or additional 10 days for bidding package of small scale)
after the expiry of the bid. The Bid Security shall be submitted with the bid to
the address and within the period of time in accordance with Section 19 of this
Chapter.
3. Bid security will be deemed to be ineligible if it does not meet the
bidding documents' requirements, such as: being of lower value, of shorter valid
period than required, of wrong name of the bidder, or having not been sent to
right address or within the time period specified in the bidding documents.
4. Bid security of unsuccessful bidders shall be returned within 30 days
(10 days for small-scale package) from the date of bidding result
announcement.
5. Bid security of successful bidder shall be returned upon that bidder's
submission of performance security and contract signing.
6. Bidder shall not be entitled to take back bid security if the bidder:
a) Withdraw its bid during the time from the deadline for submission of
bids to expiry date of bid’s validity;
b) Win the bid but refuse to negotiate or sign the contract within the
specified period of time or refuse to submit the Performance Security after
signing the contract
c) Violate procurement regulations and be treated in accordance with
Section 36 of this Chapter.
Section 16. Period of validity of bids
1. Bids shall remain valid for the period specified in BDS counting from
the deadline for submission of bids. A bid of shorter time of validity shall be
rejected as being ineligible.
2. In neccessary circumstances, procuring entity may request the bidder
to extend the bid's validity period accompanied with the corresponding
extension of the bid security's period of validity. The request and responses
thereto shall be made in writing. A bidder may refuse the request on extension
with the returned bid security and no further consideration on its bid by
procuring entity.
Section 17. Format of bids and signature in the bids
1. Bidder shall prepare an original and the number of copied of the bids
indicated in BDS, clearly marking "original bid" and "copy of bid" as
appropriate. The bidder shall bare the responsibility for the accuracy and
consistency between the copy and original as well as for its consequence.
2. The original bid shall be typed, printed in indelible ink, systematically
and consecutively sheet-numbered. Bid Form, discount letter and all the
supplementary documents (original) shall be signed by the legal representative
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of the bidder, (in case of being signed by an authorized person, a legitimate
authorization letter should be submitted accordingly)
3. Any interlineation, erasures, or overwriting shall be valid only if they
are initialed by the person or persons signing the bid.
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C. SUBMISSION OF BIDS
Section 18. Sealing and marking of bids
The bids shall be put in sealed envelops (the way of marking and sealing
is at the discretion of the bidder) clearly show up the mark "Original" or "Copy".
The guide to arrange information on the envelop shall be specified in BDS.
In case, the bid consists of various type of documents, the bidder should
pack all the documents in the good manner so that the receipt and maintenance
of these documents in the procuring entity’s side will be at its most convenience
as well as to ensure the completeness of the bid, avoiding any losses. IN case the
documents must be divided into packs, these packs must be numbered to make
sure the unification and convenience during the bid evaluation process of the
procuring entity. In such cases, all the information outside the packs should be
arranged as specified in this section.
Section 19. Deadline for submission of bids
1. Bid shall be submitted by handing directly by the bidder or sending
through post to the address and within the period of time specified in BDS.
2. Procuring entity may extend the deadline for submission of bids in
accordance with Section 7 of this Chapter or on request of bidders if the procuring
entity consider such request reasonable.
Section 20. Late bids
Any bid including discount letter (if there is) submitted after deadline for
submission of bids in accordance with Section 19 of this Chapter shall be
deemed ineligible and returned unopened to the bidder.
Section 21. Modification and withdrawal of bids
In the case of wishing to modify or withdraw its bid, the bidder shall send
modification or withdrawal notice in writing and procuring entity shall receive
such notice before deadline for submission of bids in accordance with Section
19 of this Chapter.
D. OPENING AND EVALUATION OF BIDS
Section 22. Opening of bids
1. Procuring entity has responsibility to invite representatives of each
participating bidder and may invite representatives of related management
bodies to attend the bid opening. The bids (being submitted in accordance with
requirements of the BD) shall be opened publicly right after deadline for
submission of bids at place and time specified in BDS in witness of the
attendants, not depending on the presence or absence of the invited bidders. 2.
At the opening ceremony, Procuring entity shall), open bids one by one (in
alphabetic order of bidders’ names)., the opening procedure for each bids will
be as follows:
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- Check the seals of each bid
- Open the bid
- Read out and record key information in the minute of bid opening:
o The name of the bidder;
o The quantity of original and copies of bids;
o The bid prices indicated in bid form and discount (if any);
o The bid security's value and time of validity;
o The notice (letter) of amendment or withdrawal of bid (if
any) in accordance with Section 21;
o Other relating information.
3. At the opening ceremony, procuring entity shall not open the late bids
and return them unopened in accordance with Section 20 of this Chapter.
4. bid opening minute will be signed by bidders' representatives (if
presented) and representatives of related management bodies for confirmation.
5. The original of bids, after being opened, shall be initialized in each
page by procuring entity for confirmation (there shall be at least two signatures
of procuring entity's personnel) and preserve under confidentiality. Bid
evaluation shall be conducted upon the copies.
Section 23. Clarification of bids
Bidders shall not be allowed to alter their bids after deadline for
submission of bids. During evaluation of the bids, the procuring entity may ask
the bidder for a clarification of its bid. The request for clarification and the
response shall be in writing, and constitute a part of the bid. The clarification of
the bid should not result in any change in the substance of the bid and bid price.
Section 24. Preliminary Examination
1. Procuring entity shall examine the eligibility and completeness of each
bid in accordance with the requirements in bidding documents. . Content of bid's
eligibility and completeness examination is as follows:
a) The bidder's eligibility in accordance with Section 3, Section 13 and
the goods' eligibility in accordance with Section 14 of this Chapter.
b) The number of originals and copies of bid in accordance with item 1
Section 17 of this Chapter;
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c) The eligibility of bid form in accordance with Section 10 of this
Chapter;
d) The eligibility of bid security in accordance with Section 15 of this
Chapter;
dd) The price schedule in accordance with Forms No. 2, 3 and 4 Chapter
IV;
e) The bidder's capability and experiences in accordance with Section 1
Chapter III;
g) Other documents in accordance with Forms specified in Chapter IV;
h) Other requirements indicated in BDS.
2. After examination of contents specified in point 1 of this section,
the procuring entity will reject bids which are determined irresponsive to the
following prerequisite conditions:
a) Bidder's name is not in list of those who have bought or been provided
with bidding documents;
b) Not assuring of bidder's eligibility and goods' eligibility in accordance
with Sections 3, 4, 13 and 14 of this Chapter;
c) Not having bid security or having ineligible bid security as specified in
item 1 Section 15 of this Chapter;
d) Not being submitted with their originals, being submitted only with
their copies;
dd) Not being submitted with adequate legal documents to meet the
conditions for participation such as copy of business license or business
registration certificate, manufacturer's authorization (if required);
e) Lacking valid signatures in the bid form;
g) Having validity shorter than required in the bidding documents;
h) Containing unfixed prices like offering 2 price levels or conditional
prices in the bid contrary to the requirements of bidding documents;
i) The bidder's name id found in two or more bids for one package as
independent or joint-venture bidder (exclusive of sub-bidder);
k) Not meeting criteria on capability and experiences in accordance with
Section 1 Chapter III;
l) Other prerequisite according to particular features of the bidding
package specified in BDS.
Section 25. Technical evaluation for selection of the shortlist
1. Procuring entity shall conduct the technical evaluation for bids, which
pass the preliminary examination, based on criteria specified in Section 2
Chapter III. Evaluation criteria will be based on one of the two following
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methods: merit points system or "pass" - "fail" criteria and specified clearly in
the BDS.
2. Bids are considered technically responsive are those with totally
scoring up from minimum points where merit points system is used or those
being evaluated "pass" where "pass" - "fail" criteria is used.
3. Only those bids considered technically responsive shall be selected in
shortlist for further financial and commercial evaluation to determine evaluated
prices which will serve as basis for bidders’ ranking.
Section 26. Financial and commercial evaluation to determine the
evaluated prices
1. Procuring entity shall conduct financial and commercial evaluation to
determine evaluated prices of bids in shortlist based on Bid Criteria as specified
in Section 3, Chapter III. .
2. Evaluated prices shall be determined based on bid prices after error
correction and adjustment of deviations, conversion to single currency (if any)
and criteria to evaluate bids on the same basis in accordance with Section 293
of this Chapter.
Section 27. Error correction and adjustment of deviations
1. Error correction
a) Error correction means the correction made by procuring entity on
errors in the bid including arithmetic errors, spelling errors, typing errors, unit
miscalculation and shall be in accordance with the following principles:
- For Arithmetic Errors:
o If there is discrepancy between unit price and total price for a
specific quantity, unit price shall be the legal basis for error
correction;
o If there is a discrepancy between total price schedule and
detailed price schedule for individual items, detailed price
schedule shall be the legal basis for error correction;
- For other Errors:
o If there is a discrepancy between the figures and in-words,
in-words shall be the legal basis for error correction;
o Where there is total price for a specific quantity but
correspondent unit price is left blank, unit price shall be
obtained by dividing such total price by the quantity;
o Where there is unit price but correspondent total price for a
specific quantity is left blank, total price for the specified
quantity shall be obtained by multiplying the unit price and
quantity;
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o Where there are unit price and total price, but the quantity
(volume) is left blank, the quantity (volume) shall be
obtained by dividing such total price by the unit price. In the
case that after such a correction, the quantity (volume) is still
different with the quantity mentioned in the Bidding
Document, this difference will be considered as deviation on
scope of work and will be adjusted in accordance with the
item 2 of this section.
- If there is a mistake by misuse of decimal symbol and digit grouping

symbol and is proved of reasonableness, the mistake shall be corrected to be
appropriate.
b) When making error correction according to above-mentioned
principles, procuring entity shall notify the bidder in writing thereof. The bidder
should inform the Procuring entity in writing that they accept the error
correction. If the bidders refuse to accept such error correction, their bids shall
be rejected. In the case that a bid with arithmetic errors with difference
representing over 15% of the bid price, such bid shall not be accepted for further
consideration. (based on the total absolute value, not depending on whether bid
price will be increased or reduced after correction)
2. Adjustment of deviations
a) Adjustment of deviations means the adjustment made by procuring
entity for exceeding or missing contents in the bid in comparison with
requirements specified in bidding documents, as well as adjustment on
discrepancy among parts of the bid (between Technical proposal and financial
proposal), according to following principles:
- In the case that there is deviation in scope of supply, the missing part
shall be added, the exceeding part shall be deducted. Such adjustment shall
follow the principle that if the price for the part is inseparable from the bid price
of the currently-being-corrected bidder, the highest unit price (for missing part)
or the lowest unit price for exceeding part) from the other bids in the shortlist
shall be applied. If such exceeding or missing value cannot be sorted out from
remaining bids in the shortlist, or only the currently being-corrected bidder is
named in the shortlist, the unit price of the bidders in the long list or the price in
the cost estimate, total cost estimate or approved price of the package,
whichever is highest (for missing part) and lowest (for exceeding part), shall be
applied,
- In the case that there is discrepancy in contents between technical
Proposal and financial Proposal, the technical proposal shall be legal basis for
adjustment of deviations.
b) Bids with the total deviations value exceeding 10% of the bid price
shall be rejected and shall not be accepted for further review (calculated
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according to absolute value, not depending on whether the bid price will be
increased or reduced after correction)
Section 28. Conversion to a single currency
In the case that bidders offer bid price in different currencies as mentioned
in BD, to facilitate evaluation and comparison of bids, procuring entity shall
convert all bid prices to a single currency at the exchange rate specified in BDS.
Section 29. Determination of evaluated Price
The determination of evaluated price is to bring all categories of the bids
to the same ground for comparison, ranking including technical, commercial,
financial issues as well as other issues as defined in the BDS for each specific
package. This is not a condition to reject the Bids. For the small-scaled bidding
packages, this section will not be applied.
Section 30. Contacting procuring entity
Unless there is request for bid clarification in accordance with Section 23
of this Chapter, no bidder shall be allowed to contact procuring entity regarding
issues relating to its bid or the bidding package (from the time of bid opening to
the time of announcement of bidding result.)
E. AWARD OF CONTRACT
Section 31. Conditions for award recommendation
Bidder will be considered as bid winner if they can meet both the
following conditions:
- Ranked first: having eligible bid, being substantially responsive to
bidding documents, having lowest evaluated price (for small-scaled
package, the winning price will be the price after adjustment and
correction)
- The proposed award price does not exceed the approved package's
estimated price. Section 32. Procuring entity’s right to accept any bid and to
reject any or all bids.
The Purchaser reserves the right to accept or reject any bid, and to cancel
the bidding at any time during the bidding process in conformity to Public
procurement regulations.
Section 33. Announcement of bidding result
1. Right after there is approval on bidding result by the competent person,
procuring entity shall announce bidding result in writing to all participating
bidders, including unsuccessful and successful bidders. Besides, the Procuring
Entity also shall announce the bid result on the State Public Procurement
Bulletin and procurement website of Vietnam if the bidding package is subject
to publication as specified in the SBS.
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2. Procuring entity shall send to successful bidder a contract award notice
in writing attached by draft contract (in accordance with Form No. 11 Chapter
X after filling all the necessary information of the specific bidding package) and
issues that need further discussion when negotiating the contract. In addition,
procuring entity shall notify the successful bidder of the plan and time for
contract negotiation, contract finalization and submission of performance
security and contract signing.
Section 34. Negotiation, finalization and signing of contract
1. Once receiving notice of contract award, within 30 days, successful
bidder shall send the procuring entity a letter of acceptance on contract
negotiation and meeting with procuring entity for negotiation, finalization,
which will be the basis for signing of contract. After such period of time, if
procuring entity does not receive letter of acceptance or the successful bidder
refuses to negotiate and finalize the contract, procuring entity has the right to
invite the next highest ranked bidder to the contract negotiation. In addition, bid
security of successful bidder who refused to negotiate the contract shall be
handled in accordance with applicable regulations.
2. In accordance with agreed plan, the two sides negotiate on the contents
that procuring entity has notified the successful bidder incorporated in contract
award notice. The content of negotiation include outstanding, uncompleted
issues of the contract with the successful bidder, especially the determination of
adjusted prices to deviations from bidding documents, conforming to the
principle that the signing contract price does not exceed the approved winning
price. Contract negotiation also comprises of study about initiatives, preeminent
solutions proposed by the bidder and clarification of all unclear contents,….
3. After obtaining negotiation result, the two sides shall sign the contract.
If the contract negotiation fails, the second ranked bidder will be invited for
contract negotiation and finalization as specified in the Item 2 of this Section.
Section 35. Performance security
The successful Bidder shall furnish the performance security in accordance
with the Section 7 Chapter VIII (General Conditions of Contract) to assure the
enforcement of the contract.
Section 36. Treatment of violations
During the bid evaluation process, the Procuring Entity will reserve the
right to reject the Bids, retain the Bid Security and announce on the Vietnam
Public Procurement Bulletin or Procurement Website of the State the name of
any bidder who involves in the following activities:
1. Fraud as falsifying or providing wrong information (in their bid,
bidding clarification documentation, and other related document) on their
financial capacity, technical capability, implementation experience as well as
other contents,.
19
2. Bribing individuals or organizations of procuring entity and the
agencies related to the bidding.
3. colluding with each others which affects the interests of the procuring
entity.
4. contacting and making dealings on information in bidding documents
(before bidding documents issuance), information relating to evaluation process
(from the time of bids opening to the time of announcement of bidding result)
Note: For the NCB bidding packages (ODA), the application of this sample
Bidding document needs prior approval from the donor or need to be
supplemented with other contents such as handling of complaints…
according to the Donor’s guidelines.
20
Chapter 2
BID DATA SHEET

The Bid Data Sheet covers the details of some corresponding Sections in
Chapter 1 (Instruction to Bidders).. Whenever there is a conflict, the provisions
herein shall prevail over those in the Chapter 1
Section Item Content

1 1 - Name of bidding package: __________ (Specify name of the
bidding package)
- Scope of supply of goods: _______________
(Specify scope of supply of goods)
2 Time for contract performance: _______________
(Specify the concrete time required)
2 Fund sources for implementing the bidding package: (Specify
fund sources allocated from the Project for implementing the
bidding package)
3 1 The eligibility of the Bidder:
Depending on specific features of each bidding package
specify the requirements on bidder’s eligibility based on the
provisions of the Bid Regulations (point 10 item 2 Clause 1
Decree 66CP and Chapter 1 Section 1 of the Circular
01/2004/TT-BKH
- For NCB Package, specify clearly the eligibility of the
bidder according to the guidelines of the Donor)
2 The financial independence of the bidder:

(Specify the requirement on the financial independence of the
bidder in accordance with the regulations mentioned in the
Section 2, Part 1 of Circular 01/TT-BKH
- For NCB Packages (ODA), specify the regulation of the
Donor such as: the bidder should be financially independent,
operating in conformity with Commercial Law, independent
of Procuring Entity and other regulations as guided by the
Donor)
6 2 Address of the Procuring Entity: ____________
(Specify the address of Procuring Entity)
Time for receiving request for clarification of bidding
documents is not later than _____ days prior to deadline for
submission of bids.
21
(Specify the appropriate limitation of days subject to the scale
of the package (for example: 10 days for small-scaled
package, 15 days for other packages).
8 Language used: _________________
(Specify clearly the requirement on language used: For local
bidding: Vietnamese. For international bidding: Vietnamese
,English. In addition, it is necessary to specify requirements
on the language of other related documents such as
catalogues, technical drawings.. . )
11 1 Type of Contract: _____________
(Specify type of contract to be used in accordance with the
approved bidding schedule. In the case if the Contract with
adjustable price is used the conditions of limitation for
adjustable work portions as well as formula for price
adjustment should be specified
3 Parts of bidding package:

[If the bidding package is divided into lots, list of lots of
bidding package, work content of each lot and bidding
conditions of each lot should be specified. It is also required
to clearly specify the way of offering price for each part and
principles of contract award to one separate or some lots
together of bidding package. Division of the packages into
several lots will be applied only to the packages comprising
independent lots. The award selection will be carried out for
respective lots, provided that the total value of the proposed
contract awards will not exceed the approved total cost
estimate of the bidding package. The bidder can be awarded
one lot, some lots or whole package.
4 a) For goods locally manufactured and processed:
- All payable taxes and duties__________
(Specify in details all kinds of payable taxes and duty in
compliance with Law, such as VAT, Special Consumable
Tax, other fees…..)
- All transportation cost, insurances and other fee:__________
(Specify in details all type of transportation costs, insurance or
other fees, if any, to deliver goods to final destination as
requested by Procuring Entity)
- Other related services:__________
(Specify all the services requested by Procuring Entity, if any,
22
for example: the spare parts supply, operational manual,
technical document for installation supervision service..)
b) For imported goods manufactured or produced from

outside Vietnam:
- Goods are quoted in:
(Specify requested prices, for example: CIP at Hai Phong
Port…)
- Payable Taxes and Duties:
(Specify in details all kinds of payable taxes and duty in
compliance with Law, such as VAT, Import Tax, Custom
fee….. for Custom clearance of the said goods)
- Other freight cost, insurance cost, and other costs (if any):
(Specify in details as requested, if any)
- All related services_______________
c) For goods manufactured outside Vietnam, which were

imported and are available in Vietnam:
- All kinds of payable tax and duty:__________
(Specify payable taxes and duties according to Vietnamese
Law)
- All the kinds of freight and insurance costs:
- Other related services:
- For ICB and NCB bidding packages (ODA), the bidding
prices of the bidder will not include all taxes and duties raised
inside Vietnam territory. These taxes and duties will be paid
by the Procuring Entity from their counterpart funds as
defined by Law.
- For NCB (ODA)package with the participation of foreign
bidder, the domestic preference for the local bidders will not
be applied as regulated by the Donors .
23
5 INCOTERMS published by the International Chamber of
Commerce-Paris, France in: ---------- (specify the year) .
12 Bid price is offered in one or some currency : ____________
(Name the currency bidders are allowed to use in offering
price for the bidding package, for instance VND, USD,
EURO, Japanese Yen, DM...)
13 1 a) Other documents include :
(Specify other documents as required, in conformity with
specific features of the bidding package)
2 c) Goods that require to be attached with manufacturer’s
authorization for selling.
(Specify clearly the requirement on submission of
manufacturer’s authorization for selling)
d) Other documents to prove the experience and capability of
the bidder: ______________
(Specify the requirements on the other necessary proven
documentation depending on the specific feature of each
bidding package, for example, the document showing the
capability and experience of the sub-contractor and the main
manufacturer of the bidding package)
14 2
dd) Other contents proved the responsiveness of the goods and
related services:_____
(Specify other requirements depending on specific features of
each bidding package, including request bidder to propose the
alternative option, if any. The alternative option proposed by
the bidder will be only considered if the main Option of such
bidder’s bid meets the requirements set up in the Bidding
Document and its evaluated price is lowest.)
15 1 Form of Bid Security: __________
(Specify in details the forms of Bid Security:
- If bidders are requested to submit bank guarantee the Form
No. 7 Chapter IV issued by a legally operational Bank..
(original version)
- If bidders are allowed to submit bid security under other
forms (cash, cheque, ...) it is necessary to state the applicable
forms and submission methods for bid security. For NCB
24
Package (ODA), the form of bid Security follow the regulation
of the Donor.
- It is necessary to provide bid security in some concrete
amount of money with value equivalent to 1 to 3% of bidding
package's estimated cost. For small-scaled package, the
applied rate is 1%.
16 1 Validity of bid is : _____ days from deadline for submission
of bids
(Clearly specify the number of days, but no more than 180
days)
17 1 Number of copies of the bid to be submitted:
- 01 original; and
- ____ copies.
(Specify number of copies of bid)
18 Provisions on how information shall be presented on the
envelope of the bid.
(Specify in details, for instance:
Bidders should clearly present the following information on
the envelope of the bid :
- Name, address, telephone of bidder : ______________
- Address where bid should be submitted to (name, address of
procuring entity):____
- Name and code number of bidding package:
________________________
- Do not open before ___ hour, day ___ month ___ year
___) (based on the bid openingtime)
19 1 Bids of bidders must be sent to ___ (name, address of
procuring entity) before ___ hour, day ___ month ___
year (based on deadline for submission of bids)
22 1 Bid opening ceremony shall be organized at ___ hour, day
___ month ___ year __ at _______________________
(Clearly specify time, date and place where Bid opening
ceremony will take place)
24 1 h)Other requirements:
(Specify other requirements on eligibility and completeness of
the bid in accordance with specific conditions of bidding
package)
25
2 l) Other prerequisite conditions:
(Specify other prerequisite conditions, based on specific
features of bidding package)
25 1 Evaluation Method:
(Clearly specify the evaluation method using: Merit Point
Method or “pass”-“fail” Method. For the small-scaled package
and the NCB, ICB (ODA) package, only “pass” and “fail”
Method is applied.)
28 Currency to be converted to is : ______ with exchange rate
published by the State Bank of Vietnam at the bid opening
moment.
(identify the currency for conversion during the bid evaluation
when the bidders offer the prices in different currencies.) ).
29 2 The elements to bring to the same level for determining the
evaluated price:
(Depending on specific features and requirement of each
bidding package to set-up this contents, for instant:
a) Deviations on schedule progress comparing to the
requirement in Bidding Document
b) Deviations on Payment Schedule comparing to the
requirement of Bidding Document
c) Deviation on designed capacity, consumption productivity,
materials, fuels using for equipment:_______
d) Deviations on Technical issues which affects the
operational cost of the equipment
e) Costs for Maintenance
f) Deviation on commercial and financial conditions
(payment, credits):_____
g) Preferences for locally manufactured goods
h) Other elements:
For each above mentioned contents, clearly specify the
method and calculation method to determine the deviation
value which should be corrected in the evaluated price of each
bidders. The preferences for locally manufactured goods will
be only applied to the international bid in Vietnam as defined
in the Decree 66/CP (Item 1, Article 8). For the ICB Bidding
package (ODA), the preference will be applied as defined by
the Donors. The “same level evaluation method” will not be
applied for the small-scaled packages.)
26
27
Chapter 3
BID EVALUATION CRITERIA
The Bid Evaluation Method has been detailed in the Chapter I (From Section 24
to Section 29). Bid Evaluation Criteria mentioned in this Chapter are
summarized from the contents mentioned in Chapter I and Chapter II as well as
other contents specified in Chapter VI and Chapter VII. The following Bid
Evaluation Criteria is only for guidance purpose only, based on the nature of
each specific bidding package, certain consideration and adjustmentshould be
taken appropriately while developing its specific bid evaluation criteria
Beside the bid evaluation criteria mentioned in the Bidding Document, any
elimination or supplement of any content of the Evaluation Criteria is not
allowed during the Bid Evaluation.
28
Section 1. Criteria on bidder's capacity and experience
Minimum criteria for

No Contents
being qualified as “pass”
1 Manufacturing and business capacity:
- Numbers and types of key products/
business activities
- Numbers and qualification of
professional staff
- Bidder's physical and technical assets
- Other contents (if any)
2 Financial capability in-_____ 2 recent
years (
- Total assets
- Working capital mobilized for this
package
- Average Turnover
- Before-tax and after-tax profit
- Other Contents (If any)
3 Experiences:
- Number of years operating in business
line
- Number of similar contracts, which
have been implemented in ______2
years
- Other contents (if any)
The required contents on experience and capability are evaluated
according to “pass”, “fail” criteria. Only those bidders who pass all the three
general criteria 1, 2 and 3 shall be evaluated as having sufficient capacity and
experience to participate in the bidding. Also, only when the detailed evaluation
criteria are satisfied as “pass” then the correspondent general criteria shall be
marked “pass”.
Notes:
(1) Depending on specific requirements of each bidding package, the
requested details on experience and capability of the bidder will be
adjusted accordingly. For small-scale bidding package, the
evaluation of experience and capability will be made based on the
quantity and business products, average turn-over as well as the
similar contracts carried out in most recent years.
(2) Specify a specific number of years depending on the specific feature
and requirement of each bidding package (3,4 or 5 years as common
practice)
29
Section 2. Technical evaluation criteria for selection of short list
No Requirements Responsive Level
Merit-points Method “Pass/Fail” Method
Maximum Minimum Pass Accepabl Fail

points points e
required
(1) (2) (3) (4) (5) (6)
1 Scope of supply:
- Kind of goods
Number of each kind of goods
- …………
2 Specification of goods:
- Manufacturing standards
- Product’s quality standards
- Environmental
adaptability capacity
- Models and styles
- Year of production (for the
available goods)
...
3 Technical parameter of goods
- Capacity of machinery and
equipment
- Level of consuming
electricity, raw material
and fuels
...
4 Warranty parameter
- Warranty of equipment
- Warranty of installation
...
5 Conducting supply and
installation
- Schedule for supply and
installation
- Means for supply and
installation
- Allocation of technical
staff
……
6 Training and technology
transfer
- Schedule for training
- Contents of training
…
7 Capability of financial supply
- Scope of lending
30
- Conditions of lending
…
8 Implementation schedule
- Time of delivery
- Time of installation
……
9 Conditions of contract
- Terms and methods of
payment
- Progress of payments
……
10 Others (subject to the specific
package)
Merit-point Total 100 (or
Method maximum 1000)
points
Total required ……..
minimum
points
“Pass/Fail” Satisfactory Past
method Unsatisfactory Fail
Notes:
- Technical evaluation criteria are developed in conformity either to merit
point system or “pass”, “fail” system. For small-scale or NCB Package, only
the “pass”-“fail” system is applied. If merit point system is applied then
Column (2) (3) and (4) shall be used and if “pass”, “fail” system is applied then
Column (2), ( (5, (6)) and ( 7) shall be used for developing evaluation criteria.
- Subject to nature of each specific package, it is necessary to determine
quantity of general evaluation criteria as mentioned in Column 2 as well as
detailed evaluation criteria under each general evaluation criteria (The
information mentioned in above table are samples for reference only). Each
detailed evaluation criteria must be in conformity with the requirement of
general Bid Evaluation Criteria. For small-scale package, only quantity, quality
standard and implementation progress are required..
- Column (3) and Column (4) shall be used when applying merit points
system. The scale of 100 points or 1000 points may be used to make detailed for
each specific criterion (standard point). In addition, it's necessary to provide
minimum required point for each general criterion (not less than 70% total
points, and for packages with high technical requirements - not less than 90%
total points). Besides, if required, it may specify some minimum requirements for
some detailed contents under a general criteria.
- Column (5), and (6), (7) shall be used when applying “pass”, “fail” system.
For the general evaluation criteria, only the type of “pass” or “fail” criterion
shall be applied. For detailed evaluation criteria, depending on the specific
characteristic of the bidding package, in addition to the type of “pass” or “fail”
criterion required for fundamental requirements, it is allowed to apply the type
of “acceptable” criterion for non-fundamental requirements, provided that the
number of acceptable criteria not exceed 30% of all detailed evaluation criteria
of one general evaluation criteriaIt is necessary to concretize satisfactory levels
applied to types of “pass”, “acceptable” or “fail” criterion in each detailed
31
evaluation criteria. For a general evaluation criteria, it shall be evaluated
“pass” when:
- all detailed evaluation criteria are satisfied as “pass”, or
- detailed evaluation criteria of fundamental requirements are satisfied as
“pass”, and detailed evaluation criteria of non-fundamental requirements
are satisfied as “pass” or "acceptable".
- A bid which is evaluated “pass” for all general evaluation criteria shall be
considered technically satisfactory (substantially responsive to the bidding
documents). If there is any one out of all general evaluation criteria being
evaluated as “fail”, the bid shall be considered technically unsatisfactory.
32
Section 3. Criteria for determining evaluated prices (1)
No Content of requirements Basis for determining

1 Bid price Section 11 of Chapter 1
2 Error correction In accordance with Section
27Chapter 1
3 Adjustment of deviations In accordance with Section 27
Chapter 1
4 Bid price after error correction and Value of the rows: (1)+(2)+(3)
adjustment of deviations (converted to
single currency, if applied)
5 Factors to be used to evaluate bids on In accordance with Section 29
the same basis to determine evaluated Chapter 1 of this Part
price:2 ---------
(The content of this section should be
specified based on specific features
and requirement of each package,
eg:a) Deviation in implementation
schedule
b) Deviation in payment schedule

- c) Deviation of designed capacity,
net consumption rate of fuel,
material of machinery/equipment
d) Technical deviation relating to
operational costs of machinery/
equipment,
- dd) Deviation in cost for
maintenance, routine maintenance
- e) Deviation in financial
conditions
- g) Preference for domestic goods 3
- h) Other factors)
6 Evaluated price Value of rows: (4) + (5)
Notes:
(1) It is necessary to determine concrete factors to be use to evaluate
bids on the same basis for determination of evaluated prices based on specific
characters of a bidding package. For the small size packages, the evaluation of
bids is based only on determining prices for comparison (bid price after error
correction and adjustment of deviations), therefore, it is unnecessary to
determine factors to be used to evaluate bids on the same basis for
determination of evaluated prices.
33
(2)- When determining which factors to be used to evaluate bids on the
same basis for determination of evaluated prices, it is necessary to supplement
or eliminate the requirements mentioned in the above table so as to attain the
appropriateness.
(3)- Preference for locally manufactured goods will be only applied to the
international competitive bidding which is regulated in the Decree 66/CP
(item1, Article 8). For ICB packages (ODA), the preference will be applied in
accordance with regulations of the Donor. preference for locally manufactured
goods will not be applied to NCB Package.
34
Chapter IV
BID FORMS
Form No. 1
BID FORM
________, day ____ month ____ year ____
To: __________________(name of procuring entity)
Having examined the bidding documents and amendment letter No. (insert
the number if there is any amendment letter) that we received, we, the
undersigned, commit to supply (insert description of goods and services)
that is strictly in conformity to the bidding documents for the total amount of
(state clearly value in figures, words and currency) with
supporting details presented in attached prices schedule which is an integral part
of this bid.
If our bid is accepted, we shall submit a performance security equivalent
to % of contract price in accordance with the performance security form
provided by the Purchaser and commit to deliver the goods pursuant to the
delivery schedule specified in required schedules.
We commit that this bid shall be valid for the period of time of
days, from the deadline for submission of bids (in accordance with Section 16
Chapter 1 of the bidding documents) and shall be the base to remain binding
upon us at any time before the expiration of that period.
Up to the time of official signing of contract, this bid together with
document of approval on bidding result and contract award notice shall be legal
basis binding the two sides.
Legal Representative of the Bidder

(Title, signature, seal)
35
Form No. 2
PRICE SCHEDULE FOR LOCALLY MANUFACTURED GOODS
No Description Code Quantity Manufacturer Unit Total price Tax and Unit price for Total price
of Goods of and price (4)x(6) Duties inland (7)+(8)+(9) x (4)
and Services Produc manufacturing EXW transportation
ts place (plant) and insurance
to final
destination
(1) (2) (3) (4) (5) (6) (7) (8) (9) 10
Grand-total ........
Bidder's representative
(Sign, seal)
Note: Together with this price schedule, bidder shall submit a summary of price schedules for all goods and services, and
breakdown by items in accordance with Section 11, Chapter 1.
36
Form No. 3
PRICE SCHEDULE FOR IMPORTED GOODS WHICH ARE MANUFACTURED& PROCESSED OUTSIDE
VIETNAM
No Description of Code of Quantit Country Unit price Total price Tax and Unit price for Total price
Goods and Product y of CIF CIF (or Duties insurance & (7)+(8)+(9) x (4)
Services s Origin (or CIP, FOB) transportation
FOB,CIP) from port of entry
(border point) to
final destination
(1) (2) (3) (4) (5) (6) (7) (8) (9) 10
...
(Sign, seal)
37
Form No. 4
PRICE SCHEDULE FOR GOODS MANUFACTURED OUT SIDE VIETNAM WHICH WERE IMPORTED AND
ARE SOLD IN VIETNAM
No Description Code of Quantity Manufactur Unit price Unit price Total Tax Unit price for Total
of Goods Product er & EWX EWX price and inland price
and Services s manufacturi including excluding (4)x(6) Duties transportation (8) + (9)
ng place tax, import tax, import and insurance to + (10) *4
(Country of duty) duty) final destination
Origin)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
...
(Sign, seal)
38
Form No. 5
BIDDER INFORMATION FORM
1. Name of bidder:
- Bidder’s business name: _________________
- Bidder’s name in abbreviation: ___________________
2. Address of bidder:
- Head office Address: ____________
Telephone: _____________ Fax: ___________
E-mail: ________________ Website: ________
- Regional representative office address (if any): ____
3. Legal information of bidder
- Establishment decision No: _______ ; dated: _________
Issued agency:___________________ (copy attached)
- Certificate of business registration or business license No: ____; dated:
_________ ; Issued agency: ________ (copy attached)
- Other legal documents: (subject to requirement of each specific
package)
4. Fields of business:
a) ____________ from: __________
b) ____________ from: __________
c) ____________ from: __________
5. Quantity and kind of products traded in the last _____1 years
(subject each specific package):
a) ______________________
b) ______________________
c) ______________________
6. Quantity and professional current staff:
_________________________
7. Scope of business: (main business line)
_________________________
(Specify the scope of business, quantity of branches, representative office
in the country or abroad )
____, date ____ month ____ year ____
On behalf of bidder
(Signature and seal)
Note: Specify the requested number of years depending on the feature and
specification of each packages (as common practice: 3 to 5 years)
39
Form No. 6
FINANCIAL STATUS REPORT OF RECENT YEARS
1. Name of bidder:
- Address:
2. Summary assets and liabilities on the basis of audited financial statements
within the last ______1 fiscal years, enclosing report on the audited financial
statements (Balance Sheet and business results)
Contents Year ____ Year ____ Year ____

1 Total assets
2 Total working assets
3 Goods in stock and
works in progress
4 Total liabilities
5 Total working liabilities
6 After-tax profit
7 Working capital
8 Turnover
____, date ____ month ____ year ____

On behalf of bidder
Note: Specify the requested number of years depending on the feature and
specification of each packages (as common practice: 3 to 5 years)
40
Form No.7
BID SECURITY
________, date ____ month ____ year ____
To: ____________________ (name of procuring entity)

Pursuant to the fact that [insert name of bidder] (herein after referred to
as Bidder) will participate the bidding for the supply of [insert name of goods]
for the bidding package [insert name of bidding package] of the project [insert
name of Project].
We [insert name of bank] having registered office at [insert address of
Bank] (herein after referred to as Bank) are hereby firmly bound unto [insert
name of procuring entity] (herein after referred to as Procuring entity) ) to
guarantee for the bidder's participation in the bidding of this package in the sum
of (insert amount in figures, words and currency
We undertake to pay you the sum mentioned-above upon Procuring
entity's written demand accompanied by a statement stating that the Bidder is in
breach of one of followings:
a) Having withdrawn its bid after deadline for submission of bids:
b) Being selected to win the bid, but refuses to negotiate, finalize and sign
the contract within the defined time, or refuses to submit the Performance
Security after the contract signing.
c) Having violated procurement regulations and be treated in accordance
Section 36 Chapter 1.
Procuring entity shall not have to substantiate its demand, instead shall
state clearly that the required amount of money payable for the fact that bidder
has made one or some of the above breaches.
This bid security shall be valid throughout the bid's period of validity plus
30 days (1)after bid's expiration date. Any demand for payment under this bid
security must be sent to the Bank within that period of validity.
Representative of Bank
(Sign, seal)
Note: For small-scale package: 10 days
41
Form No. 8
LIST OF ON-GOING CONTRACTS
1. Name of bidder:
- Address:
2. The list:
Unit: VND
Name Contract Name The remaining Effective Planed
of 1)
value of contract value date of contract
contract agency uncompleted contract completion
signing date
contract
3. Total liquid asset mobilized for this package:________ VND

4. Credit ability:
a) Name and address of the commercial Bank supplying credit:
b) Total credit:__________ VND
____, date ____ month ____ year ____
On behalf of bidder
Notes:
(1) If the bidder participates as joint venture or subcontractor, the part(s)
of contract value executed by bidder respectively are to be listed only
42
Form No. 9
REPORT ON
CONTRACT IMPLEMENTATION EXPERIENCES
1. Name of bidder
- Address:
2. List of similar contracts which have been done within the last
_______(1)years
Name of contract Name of Scope and Value (2) Notes

and its agencies domain of (USD,
implementation signing supplying VND..)
period of time the
contract
Bidder shall give attachment to this summary such copies of documents,

materials related to these above contracts (acceptable minutes, goods
certificates, high quality works certificate…)
____, date ____ month ____ year ____

On behalf of bidder
Notes:
(1) Specify the number of years requested depending on the feature and
specification of each package (3 to 5 years as common practice)
(2) If the bidder participates as bidder-associated or subcontractor, the
part(s) of contract value executed by bidder respectively are to be listed only.
43
Form No. 10
MANUFACTURER'S AUTHORIZATION
________, date ____ month ____ year ____
To: ________________(name of the Purchaser)
At the request of [name of the Bidder] (herein after to “the Bidder”) who
will participate the bid to supply [name of the Goods] for the bidding package
[name of package] under the Project [name of the Project].
We [named of the Manufacturer] who are established and reputable
manufactured since date ____ month ___ year____ in the field of [name and/or
description of the goods] since date ____ month ___ year ____ having factories
at [address of factory].
We hereby, undersigned, do authorize the Bidder to submit a bid the
above goods manufactured by us, according to Invitation for Bids of Procuring
Entity.
We hereby make sure that above goods manufactured by us shall be
provided fully to the Bidder and extend our full guarantee and warranty for the
goods offered for supply by the above Bidder under the Contract signed by
Bidder and Procuring Entity.
Manufacturer’s competent person

Notes:
This manufacturer’s authorization should be written by in letterhead of
Manufacturer and should be signed by Manufacturer’s competent person and
having the power of attorney to bind the Manufacturer. For the foreign bidders,
the manufacturer’s authorization should be noterized for the legal status of
Manufacturer and Manufacturer’s competent person. For the local bidders, the
manufacturer’s authorization should be attached copies-noterized to prove the
legal status of Manufacturer
44
Part II
SUPPLY REQUIREMENTS
Chapter V
Scope of Supply
This Chapter will specifiy in detail list of goods and services required to supply.
This list should be specified clearly name of the goods, technical document as
well as name of technical services with required quantity and types, together
with detailed description and explaination. (if necessary)
1. Scope of goods supply and technical documents:
Table 1:
No. List of goods, technical Unit Quantity Description (1) Note

documents
1
2
3
…
Note (1) : Describe the specific characteristics of goods, such as functions,
operational mechanism, size, weight.
2. Scope of supply of technical services

Table 2:
No. List of technical services Description (1)

Note
Note: (1) Describe the basic requirements on technical services. The detail
requirement of technical services will be described in details in Chapter VII
(Technical Requirement)
45
Chapter V
SCHEDULE OF SUPPLY REQUIREMENTS
Schedule of supply requirements comprises required schedule for
progress of goods delivery, including spare parts (if any) and accompanied
technical documents, required schedule on progress of technical service
performance. In the schedule, name of goods shall be clearly specified, names of
technical documents as well as name of technical services together with required
quantity, place for delivery and concrete delivery schedule. Goods may be
delivered in one whole shipment or the number of shipment, subject to specific
characters and requirements of the bidding package.
1. Required schedule for delivery of goods and technical documents
Table 1
No List of goods, Unit Quantit Delivery Places for

technical documents y schedule (1) delivery (2)
1
2
3
…
Notes:
(1) Subject to requirements of the bidding package as well as the type of
goods to be supplied, it is necessary to specify delivery schedule, for example
delivery is scheduled at a certain point of time (concrete date) or after the
specified number of week from the date of contract effectiveness or within a time
range (from week to week of contract effectiveness)
(2) Specify place for delivery in accordance with instructions in Section
11 Chapter 1 (for example port of entry or final destination site, etc,.)
2.Required schedule for progress of technical services performance
Table 2:
No List of technical services Required Notes

progress(1)
1
2
3
….
Note (1): Specify in detail progress for each type of services, if required.
46
Chapter VII
TECHNICAL REQUIREMENTS
In this part, all technical requirements shall be stated clearly and specifically as
basis to enable bidders to prepare bids and meet the Procuring entity’s
requirements.
To ensure objectives of economy, effectiveness, fairness and
competitiveness in bidding, all technical requirements shall be developed based
on approved project documents without depending on any extremely particular
conditions, which favours a certain bidder and limits participation of others.
Besides, excessively high requirements shall not be given avoiding increase of
bid price.
Practically, technical requirements consist of 3 parts as follows:
1. General description of project and scope of supply of the bidding
package
This part describe in general the Project as well as scope of supply for the
bidding package.
2. General technical requirements
In this part, general technical requirements as category, quality standards
(being recognized domestically and internationally) for goods, requirements on
inspection and tests, packing, climate conditions of places where goods to be
used, requirements on accompanied services shall be specified.
Subject to the complexity of the goods, general technical requirements
shall be stated for all types goods or separately.
Example:
A/ Circuit cutter 123 kV: Category _____
B/ Transformer: Category _____
C/ Isolating cutter: Category _____
D/ Isolator: _________
E/ Switching box 24 kV: _________
3. Specific technical requirements

In this part, specific technical requirements as performance, technical
parameters (drawings, catalogue, testing, guarantee parameters, etc,.) for each
type of goods including spare parts (if any) shall be state in details. In addition,
other requirements as after sales service, installation supervision (if any) or
request to the Bidder to offer alternative option besides the main option as
required in BD etc,. shall be indicated clearly. In which, technical parameters
shall be described in tables, similarly to following example.
47
Example:
A/ Power cutter 123 kV
No Description Unite Requirements
1 Machinery category
2 Manufacturing standards
3 Number of phases Three phases
4 Frequency norm Hz 50
5 Voltage norm kV 123
6 Norm of electricity current in consecutive A 1250
operation
7 Norm of insulated level
8 Tension to stand industrial frequency, dry, 1 kV 230
minute
9 Tension to stand thunder kV 550
10 Norm of short circuit in 3 seconds
- Three phases kArms 31.5
- Synchronized current kArms 31.5
- Unsynchronized current kArms
11 Short circuit kAp 80
12 Tension to stand short circuit in conformity
to IEC 56
- One second kArms
- Three second kArms 31.5
13 Norm of operational cycle on request
14 Number of times for successful automatic
switching
15 Maximum weight of a machinery part kg
16 Amount of air within the machinery
.....
B/ Transformer …
Note: The above example is just for reference
48
Part III
CONTRACT REQUIREMENTS
Chapter VIII
General conditions of contract
Section 1. Definitions:
In this Contract, the following terms shall be interpreted as indicated:
1. “Contract” means the agreement entered into between the Purchaser
and the Supplier, as the Contract Agreement signed by the parties, including all
documents-attached and appendices thereto.
2. “Contract Price” means the price payable to the Supplier under the
Contract for the full and proper performance of its contractual obligation.
3. “The Goods” means all the machinery, means of transportation,
equipment (whole, synchronous or separate equipment), industrial ownership
rights, technological ownership rights, materials, fuels, commodities (finished
products, semi-finished products) which the Supplier is required to supply to the
Purchaser under the Contract.
4. “The Services” means those services ancillary to the supply of the
Goods, such as transportation and insurance, and any other incidental services,
such as installation, commissioning, testing, provision of technical assistance,
training, technology transfer, and other such obligation of the Supplier covered
under the Contract.
5. “The Purchaser” means the Procuring Entity or organization
purchasing the Goods, as named in SCC.
6. “The Supplier” means successful bidder supplying the Goods and
Services under this Contract, as named in SCC.
7. “The Project Site” means the place or places named in SCC.
8. “Day” means calendar day, including weekends and holidays.
9. “Effective Date of Contract” means the date named in SCC.
10. The EXW, CIF or CIP, FOB ... shall be interpreted as Incoterms
named in the Item 5 Section 11 Chapter 1 of Bidding Documents.
Section 2. Application principle
These GCC shall apply to extent that they are not superseded by
provisions of Minutes of Contract negotiation and finalization and SCC.
Section 3. origin of Goods
1. Origin of goods means the place where the Goods were produced,
processed or manufactured… in conformity with the Laws.
2. All Goods and Services supplied under this Contract shall have their
49
origin clearly and legally.
Section 4. Standards
The Goods supplied under this Contract shall conform to the standards
mentioned in Chapter VII- (Technical Requirements), and, when no applicable
standard is mentioned, to the authoritative standards appropriate to the Goods’
country of origin. Such standards shall be the latest issued by the concerned
institution.
Section 5. Use of Contract Documents and Information related to
this Contract
1. The Supplier shall not, without the Purchaser’s prior written consent,
disclose the Contract, or any provision thereof, or any specification, plan,
drawing, pattern, sample, or information furnished by or on behalf of the
Purchaser in connection therewith, to any person other than a person employed
by the Supplier in the performance of the Contract. Disclosure of information of
the Supplier to any employed person shall be made in confidence and shall
extend only so far, as may be necessary for purpose of such performance.
2. The Supplier shall not, without the Purchaser’s prior written consent,
make use of any document or information enumerated in article 1 of this Section
except for purposes of performing the Contract.
3. Any document, other than the Contract itself, enumerated in
enumerated in article 1 of this Section shall remain the property of the Purchaser
and shall be returned (in all copies) to the Supplier on completion of the
Supplier’s performance under the Contract if so required by the Purchaser.
Section 6. Patent Rights
The Supplier has responsibility to indemnify the Purchaser against all
third-party claims of infringement of patent, trademark, or industrial design
rights arising from use of the Goods or any part thereof in Vietnam.
Section 7. Performance security
1. Within as the time named in SCC, the Supplier shall furnish to the
Purchaser the performance security in the amount named in SCC.
2. The performance security shall have been valid from the date of
issuing itself to the date of completion of the Hand-over and start the warranty
obligations.
3. The proceeds of the performance security shall be payable to the
Purchaser as compensation for any loss resulting from the Supplier’s failure to
complete its obligations under the Contract.
4. The currency stated in the Performance Security will be the currency as
stated in the SCC.
5. The performance security will be returned to the Supplier within the
certain time as specified in the SCC after the Supplier completes the goods
delivery and pay an warranty deposit amount as specified in Item 3 Session 15
of the GCC to carry out the warranty obligation.
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Section 8. Inspections and Tests
1. The Purchaser or its representative shall have right to inspect and/or
test the Goods supplied to confirm their conformity to the Contract
specifications. The Chapter VII of Bidding Documents and SCC shall specify
what inspections and tests the Purchaser requires and where they are to be
conducted.
2. Should any inspected or tested Goods fail to conform to the
specifications required in BD, the Purchaser may reject the Goods, and the
Supplier shall either replace the rejected Goods or make alterations necessary to
meet specification requirements.
3. Nothing in item 1 and item 2 of this Section shall in any way release
the Supplier from any warranty other obligations under this Contract.
Section 9. Packing
1. The Supplier shall provide such packing of the Goods (as specified in
Item 2 of this Section) as is required to prevent their damage or deterioration
during transit to their final destinations. The packing shall be sufficient to
withstand, without limitation, rough handling during transit and exposure to
extreme temperatures, salt, and precipitation during transit, and open storage.
Packing case size and weights shall take into consideration, where appreciate,
and the remoteness of Goods’ final destinations and the absence of heavy
handling facilities at all points in transit.
2. The packing, marking, and documentation within and outside the
packages shall comply strictly requirements specified in SCC.
Section 10. Delivery and attached Documents, bills
Delivery of the Goods and other attached documents and bills shall be
made by the Supplier in accordance with the requirements specified in Chapter
VI. The details of delivery and other documents to be furnished by the Supplier
are specified in SCC.
Section 11. Insurance
1. The Goods supplied under the Contract shall be fully insured by a
legally insurance company in a freely convertible currency against loss or
damage incidental to manufacture or acquisition, transportation, storage, and
delivery in manner specified in SCC.
2. If others required that shall be specified in SCC.
Section 12. Transportation
1. Where the Supplier is required under the Contract to deliver Goods
FOB, transport of the Goods, up to and including the point of putting the Goods
on board the vessel at specified the port of loading (port of Supplier’s country),
shall be arranged and paid for by the Supplier, and the cost thereof shall be
included in the Contract Price. Where the Supplier is required under the
Contract to deliver Goods FCA, transport of the Goods and delivery into
custody of the carrier at the place named by the Purchaser or other agreed point
51
shall be arranged and paid for by the Supplier, and the cost thereof shall be
included in the Contract Price.
2. Where the Supplier is required under the Contract to deliver Goods CIF
or CIP, transport of the Goods to the port of destination (port of Purchaser’s
country) or such other named place of destination in the Purchaser’s country (as
shall be specified in the Contract), shall be arranged and paid for by the
Supplier, and the cost thereof shall be included in the Contract Price.
3. Where the Supplier is required under the Contract to transport the
Goods to the Project site, including insurance and storage shall be arranged by
the Supplier, and the related costs shall be included in the Contract Price.
4. Where the Supplier is required under the Contract to deliver Goods CIF
or CIP, no restriction shall be placed on the choice of the carrier. Where the
Supplier is required under the Contract to deliver Goods FOB or FCA, and to
arrange on behalf at the expense of the Purchaser for international transportation
on specified carriers or on national flag carriers of the Purchaser’s country, the
Supplier may arrange for such transportation on alternative carriers if the
specified carriers or national flag carriers are not available to transport the
Goods within the period (s) specified in the Contract.
Section 13. Incidental Services
1. The Supplier may be required to provide the incidental services as
specified in SCC (based on meeting requirements named in Chaptet VII):
2. Prices charged by the Supplier for incidental services, if not included
in the Contract Price, shall be agreed in advance by the parties on principle that
shall not exceed the prevailing rates charged to the other parties by the Supplier
for similar services.
Section 14. Spare parts
1. The requirements of spare parts shall be provided in Chapter V and
specified in SCC.
2. The Purchaser may require Supplier to provide any or all of the
following materials, notifications, and information pertaining to spare parts
manufactured or distributed by the Supplier:
a) Such are parts as the Purchaser may elect to purchase from the
Supplier, provided that this election shall not release the Supplier of any
warranty obligations under the Contract;
b) In the event of termination of production of the spare parts:
- The Supplier shall notify in advance to the Purchaser of the pending
termination, in sufficient time to permit the Purchaser to procure need
requirements; and
- Following such termination, furnishing at no cost to the Purchaser, the
blueprints, drawings, and the specifications of the spare parts, if requested.
52
Section 15. Warranty
1. The Supplier warrants that the Goods supplied under the Contract are
new, unused, of the most recent or current models, and that they incorporate all
recent improvements in design and materials unless specified otherwise in SCC.
The Supplier further warrants that all Goods supplied under this Contract shall
have no defect, arising from design, materials, or workmanship or from any act
of omission of the supplied that may lead to the disadvantages during the normal
operation of supplied Goods.
2. The warranty period will be from the Hand-over and acceptance time
and is specified in the SCC.
3. The Supplier shall pay an warranty deposit as specified in the SCC to
ensure their responsibility fulfillment during the warranty period. This
amount will be refunded to the Supplier when the Supplier fulfils their
responsibility as regulated.
4. During the warranty period, should the Purchaser find out any damages or
other related break, the Purchaser shall promptly notify the Supplier in
writing of such damages or break which relate the responsibility of the
Supplier or Manufacturer.
5. Upon receipt of such notice, the Suppliers shall, within the period
specified in SCC and with all reasonable speed, repair or replace the
defective Goods or parts thereof, without costs to the Purchaser other
than, where applicable, the cost of inland delivery of the repaired or
replaced Goods or parts from EXW of the port or place of entry to the
final destination.
6. If the Supplier, having been notified, fails to remedy the defect(s) within the
period specified in SCC, within a reasonable period, the Purchaser may
proceed to take such remedial action as may be necessary, at the Supplier’s
risk and expense and without prejudice to any other rights which the
Purchaser under the Contract.
Section 16. Payment
1. The currency or currencies in which payment is made to the Supplier
under this Contract shall be specified in SCC subject to the following general
principle: payment will be made in the currency or currencies in which the
payment has been requested in the Supplier’s bid and currency signed the
Contract.
2. The Supplier’s request(s) for payment shall be made to the Purchaser in
writing, accompanied by an invoice describing, as appropriate, the Goods
delivered and Services performed, and by documents submitted pursuant to
GCC Section 10.
3. The method and conditions of payment to be specified in SCC.
53
Section 17. Contract price
Contract price shall be the price payable for the goods and incidental
services (if any) which supplied by the Supplier in conformity with the contents
of Section 11 Chapter I.
Section 18. Change orders
1. During performance of the Contract, the Purchaser may request the
Supplier to make changes within the general scope of the Contract in one or
more of the following:
a) Drawings, designs, or specification, where Goods to be furnished
under the Contract are to be specifically manufactured for the Purchaser;
b) The method of shipment or packing;
c) The place of delivery;
d) The services to be provided by the Supplier.
2. If any of such change causes an increase or decrease in the cost of, or
the time required for, the Supplier’s performance of any provisions under the
Contract, an equitable adjustment shall be made in the Contract price or delivery
schedule, or both, and the Contract accordingly be amended. Any claims by the
Supplier for adjustment under this clause must be asserted within a certain time
as specified in the SCC to be basis to negotiate and sign the Contract’s
supplementary appendix.
Section 19. Assignment
The Supplier shall not assign, in whole or in part, its obligation to perform
under this Contract, except with the Purchaser’s prior written consent.
Section 20. Subcontracts
1. The Supplier shall notify the Purchaser in writing of all subcontracts
awarded under this Contract if not already specified in the bid. Such notification
shall not relieve the Supplier from any liability or obligation under the Contract.
2. Subcontracts must comply with the Section 3 and Section 4 Chapter 1.
Section 21. Delays in the Supplier’s Performance
1. The Supplier shall deliver the Goods and perform Services in
accordance with the time schedule prescribed in Table 1 and Table 2
ChapterVI.
2. If at any time during performance of the Contract, the Supplier or its
subcontractor(s) should encounter conditions impeding timely delivery of the
Goods and performance of Services, the Supplier shall promptly notify the
Purchaser in writing of the fact or delay, its likely duration and its cause(s). As
soon as practicable after receipt of the Supplier’s notice, the Purchaser shall
evaluate the situation and may at its discretion extend the Supplier’s time for
performance, with or without liquidated damages, in which case the extension
shall be ratified by parties by amendment of Contract.
3. A delay by the Supplier in performance of its delivery obligations shall
54
render the Supplier liable to the imposition of liquidated damages pursuant to
GCC Section 22, unless an extension of time is agreed by parties pursuant to this
Section Item 2.
Section 22. Liquidated Damages
Except with force major pursuant to GCC Section 24, if the Supplier fails
to any or all the Goods or perform the Service within the period(s) specified in
the Contract, the Purchaser shall, without prejudice to its other remedies the
Contract, deduct from the Contract price, as liquidated damages, a sum
equivalent to the percentage specified in SCC of the delivered price of the
delayed Goods or unperformed Services for each week or part thereof delay
until actual delivery or performance, up to a maximum deduction of the
percentage specified in SCC. Once the maximum is reached, the Purchaser may
consider termination of the Contract pursuant to GCC Section 23.
Section 23. Termination for Default
1. The Purchaser by written notice of default sent to the Supplier, may
terminate this Contract in whole or in part, in the following cases:
a) If the Supplier fails to deliver any or all of the Goods, within the
period(s) specified in the Contract or within any extension thereof granted by the
Purchaser pursuant to GCC Section 21 Item 2; or
b) If the Supplier fails to perform any other obligation(s) under the
Contract;
2. In the event the Purchaser terminates the Contract in whole or in part,
pursuant to Item 1 of this Section, the Purchaser may procure Goods or Services
similar to those undelivered, and the Supplier shall be liable to the Purchaser for
any excess costs for such similar Goods or Services (if any). However, the
Supplier shall continue performance of the Contract to the extent not terminated.
Section 24. Force Majeure
1. The Supplier shall not be liable for forfeiture of its security, liquidity
damages, or termination in the event of Force Majeure.
2. For purpose of this Section, “Force Majeure” means an event beyond
the control of Supplier, not involving the Supplier’s fault or negligence and not
being foreseenable. Such event may include, but are not restricted to, acts of the
Purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics,
quarantine restrictions, and freight embargoes.
3. If a Force Majeure situation arises, the Supplier shall promptly notify
in detail the Purchaser (in writing) of such condition and the cause thereof.
Unless otherwise directed by the Purchaser in writing, the Supplier shall
continue to perform its obligations under the Contract as far as is reasonable
practical, and shall see all reasonable alternative means for performance not
prevented by the Force Majeure.
55
Section 25. Termination for Insolvency
The Purchaser may at any time terminate the Contract by giving written
notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent.
Such termination will not prejudice or affect any right of action or remedy
which has accrued or will accrued thereafter to the Purchaser under the Contract
and legal rights of the Purchaser.
Section 26. Termination for Convenience
1. The Purchaser, by written notice sent to the Supplier, may terminate
the Contract, in whole or part, at any time for its convenience. The notice of
termination shall specify that termination is for the Purchaser’s convenience,
the extent to which performance of the Supplier under the Contract is
terminated, and the date upon which such termination becomes effective.
2. The Goods that are complete and ready for shipment within the time
specified in the SCC after the Supplier’s receipt of notice of termination shall be
accepted by the Purchaser at the Contract terms and prices. For the remaining
Goods, the Purchaser may elect:
a) to have any portion completed and delivered at the Contract terms and
prices;
b) to cancel the remainder and pay to the Supplier an agreed amount for
partially completed Goods and Services and for materials and parts previous
procured by the Supplier.
Section 27. Resolution of Disputes
1. The Purchaser and the Supplier shall make every effort to resolve
amicably by direct informal negotiation any disagreement or disputes arising
between them under or in connection with the Contract.
2. If the Purchaser and Supplier unable to resolve amicably a Contract
disputes within the time specified in the SCC from the date of arising disputes,
either party may require that the disputes be referred for resolution to the formal
mechanisms specified in SCC.
Section 28. Governing Language
The Contract shall be written in the language specified in Section 8,
Chapter 1. All correspondence and other documents pertaining to the Contract
which are exchanged by the parties shall be written in the same language.
Section 29. Applicable laws
The Contract shall be interpreted in accordance with the laws of Vietnam,
unless otherwise specified in SCC.
Section 30. Notices
1. Any notice given by one party to the other pursuant to the Contract
shall be sent to the other party in writing according to the other party’s address
specified in SCC.
56
2. A notice shall be effective when delivered or on the notice’s effective
date, whichever is later.
Section 31. Taxes and Duties
1. A foreign Supplier shall be entirely responsible for all taxes, stamp
duties, license fees, and other such levies imposed outside of Vietnam.
2. A local Supplier shall be entirely responsible for all taxes, duties,
license fees incurred until delivery of the contracted Goods to the Purchaser.
(Subject to each specific funding source and donor’s regulations, taxes
and duties shall be specified in SCC).
57
Part IV
SPECIAL CONDITIONS OF CONTRACT
Section Item Content
1 5 Purchaser :___________
(Specify the name of Purchaser )
6 Supplier:
(Specify the name of Supplier)
7 Project Site:____
(Specify the location of Project Site)
9 Effective date of the Contract:___
(Depending on the specification of each package; for instant:
The Contract is effective from the contract signing date, or the
contract is effective when the Purchaser receive the
Performance Security from the Supplier…)
2 Other applied regulations:
(Clearly specify whether the other applied regulations are
required, if yes, specify application contents of these
regulations)
7 1 - Time for Performance Security submission:
(specify required time, depending on requirements of each
bidding package, for instant: the time for submission of Bid
Security is before the contract signing, or after the contract
signing but before the contract’s effectiveness.
- The value of performance security:______% of the Contract
Price.
(Please indicate a specific value but not exceed 10% of the
contract value ( in case the higher rate is required, this should
get the approval from competent authority.) For small-scale
package the value of Performance Security is 3%.
4 - Form of the Performance Security
(Specify clearly the form of the Performance Security. One of
the following forms will be applied depending on the
requirements of the bidding package:
- The Performance Security will be issued by a legally
operational Bank in Vietnam or a foreign Bank (approved
by the Purchaser), using the Form No.12 Chapter X or any
other form acceptable to the Purchaser. In case the
Security is issued by a foreign Bank, it should be issued
through its Branch in Vietnam (if any) or certified by a
local Bank corresponding with that foreign Bank before
sending to the Purchaser.
- Cheque and Cash enclosed by certification in accordance
with Conditions of the Contract.
58
5 Time for return of Performance Security: _______
(Specify the time for return of Performance Security
depending on the specification and requirement of the bidding
package:
For example: The Purchaser should return the Performance
Security to the Supplier right after or not later than_-----___
days from the Goods hand over, acceptamce and the Supplier
deposit an amount for warranty as promulgated to start the
warranty obligation.
8 1 - Inspections and Tests : ______________
(specify according to characteristics of each package. The
following presents an example where Goods is power
equipment ordered to manufacture by the Purchaser.
1. Inspection and tests prior to shipment of Goods:
- All Goods within the scope of supply of the package shall
be inspected and tested by the Supplier to ensure that they
meet all required technical specifications. The Purchaser
has the right to test or attend any test conducted by the
Supplier.
- Within _____ days (filled the specific day, i.e 30 days) since
the contract validity date, the Supplier shall send to the
Purchaser a list of tests conducted by the Supplier or its sub-
contractor. From this list, the Purchaser will select and decide
on attending specific inspections or tests.
- Within ….. days (30 days) before conducting tests for which
the Purchaser confirmed that his attendance is necessary, the
Supplier will notify the Purchaser, in writing, about date, time,
location and description of tests to be conducted.
- Within ….. days (15 days) before conducting tests, the
Purchaser shall reconfirm to the Supplier whether or not he
shall attend these tests.
- The Supplier shall create conditions for the Purchaser to
visit Goods manufacturing place at any time (in working
hours) to undertake inspection and witness the tests.
- All expenses related to inspections and test witnessing of the
Purchaser including travel and accommodation shall be borne
by the Supplier (for this part, the Contractor must offer
payment options to the Project Employer for selection and
there should be specific provisions on the amount and payment
principles for its implementation).
- Inspecting and witnessing tests by the Purchaser shall not
be any reason for exempting any obligations of the Supplier in
the Contract.
59
2. Inspection upon Goods Arrival
Goods shall be inspected by _______ (specify the name
of the Inspector) on behalf of the Purchaser at the arrival port
or at the store of the Purchaser in terms of quality and status
of the Goods. In case of discrepancy in terms of quality and
quantity of Goods compared with provisions set up in the
contract, inspection report of the inspection agency will have
legal validity and shall be used to make complaints to
Insurance Company, transporter or the Supplier. All the
expenses related to the above inspection shall be borne by the
Purchaser. ,
All complaints (if any) must be in writing and sent
directly, by fax or by post to the Supplier attached with related
documents within…. days (45 days) since unloading time.
In case the received Goods is not in conformity to provisions
set up in the Contract due to the Supplier’s fault, the Supplier
shall be responsible for providing, free of charge, other Goods
of equivalence meeting requirements of the Purchaser with all
necessary formalities performed to replace such disqualified
Goods within …. days (60 days) after receiving complaints
from the Purchaser. The disqualified Goods shall be returned
to the Supplier at his request and costs.
The Supplier has the right to attend the aforesaid tests
on its own costs.
9 2 - Packing of Goods:
Depending on requirements and features of each Goods,
packing shall be specified. The following example presents
packing requirements to imported electricity equipment:
1. Goods described in the Section 1 of the Contract (Form 11,
Chapter X) shall be packed into boxes, which are made from
wood or materials appropriate for sea transportation, and in
conformity to export standards. Before being packed, all
metallic equipment and spare parts shall be carefully wrapped
with oil-impregnated and water-proof paper to perfectly
protect the Goods from corrosion or damages.
2. On two sides of each package, the following wordings
should be written with un-faded ink:
- Goods sender: _______ (Seller’s name)
- Number and name of the Contract: ____
- Credit card number: _______
- Package number (A/B): ________
(A is ordinal number of the package, B is total number
60
of packages delivered on ship)
- Weight: (gross/net): ________
- Size (length x width x height): ________
- Destination: _________________________
- Recipient: ______________________ (Purchaser’s
name)
3. On each package, at proper places, marking shall be made
to provide instruction for its unloading and transporting, such
as “fragile”, “erect upwards in this direction”, “place at dry
place”, “center of gravity”…, (international instruction signs
on treatment, transport, pulling, hooking, lifting, storing... ).
4. In case the Goods is lost or damaged, broken, rusty or
corroded due to mistakes in packing, the Supplier shall take
full responsibility.
10 1 Delivery of Goods and attached documents and vouchers

Depending on specific requirements of Goods, specify the
appropriate requirement. Following is one example for
delivery of electricity equipment and attached document and
vouchers:
1. Deadline for Goods delivery is ____ days since the
contract validity date.
2. Conditions and location of Goods delivery:
a) For Goods supplied from abroad:
Conditions and location of Goods delivery is ____ (e.g. CIF
port Hai Phong)
b) For Goods from within Vietnam:
Conditions and location of Goods delivery is ____ (e.g. EXW
at the Supplier’s store)
3. Notifications and attached Goods delivery documents:
a) For Goods supplied from abroad:
Within ____ days (fill the required number of days, e.g. 7
days) before each Goods delivery, the Supplier shall notify the
Purchaser and the Insurance Company by fax, telex or e -mail
all details of the shipment. When the Goods is packed into
packages of over 10 tons in weight or of 10 m 3 in size
upwards, the Supplier shall notify the Purchaser the weight
and size of that package ____ days (30 days) before delivery
and commit to ship goods in ships with sufficient loading and
unloading capacity. And commit to bear all responsibilities if
the goods are not delivered as the schedule.
- Notifications of Goods delivery shall include
following information:
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+ Contract number and name
+ Description of goods (types of goods)
+ Number of packages
+ Net weight/gross weight (estimated)
+ Quantity (per Goods unit)
+ Total value (estimated)
+ Size of packages (estimated)
+ Number and date of lading bill
+ Date of shipment
+ Expected date for goods unloading
+ Transporter’s name and unloading port
+ Other information
The Supplier shall send the above goods delivery
notifications in writing to the Purchaser no later than ____
(specify the appropriate days, e.g.3 days) after sending by fax,
telex or e-mail.
- Within ____ days (3 days), after unloading goods
from the ship, the Supplier shall send to the Purchaser
following receipts:
+ Original and ___ (5 copies) of Supplier’s invoice
indicating Goods’ description, quantity, unit price, and total
amount of delivered goods;
+ Original and___ (5 copies) of bill of lading,
transferable, upon shipment stating “postage paid” and 5
copies of bill of lading, not transferable
+ Original and ____ (5 copies) of packing sheet
indicating composition of each package;
+ Original and____ (5 copies) of insurance certificate;
+ Original and____ (5 copies) of Manufacturer’s or
Supplier’s warranty certificate;
+ Original and ____(5 copies) of inspection certificate,
issued by the nominated inspection agency, and inspection
record at the manufacturer’s factory; and
+ Original and _____(5 copies) of certificate of origin of
Goods issued by the manufacturer
The Supplier, at the same time, shall send Insurance Company
a copy of the above mentioned documents and invoices.
All the above documents shall be received by the Purchaser at
least____( one week) before arrival of Goods. The Supplier
will have to bear all resulting costs in the case it does not
receive those documents or receives them late
b) For Goods from within Vietnam
- Delivery note: the contents are similar to those for
62
Goods supplied from abroad stated in the abovementioned
point (a) (to ensure delivery schedule, the Supplier may send
delivery note to the Purchaser by fax, e-mail or post).
- Before each delivery, the Supplier shall provide the
Purchaser with the following documents:
+ Original and _______ (5 copies) of the Supplier’s
invoice indicating Goods’ specifications, quantity,
unit price, and total amount;
+ Original and ____( 5 copies) of delivery note, transport
bill;
+ Original and ____(5 copies) of manufacturer’s or
Supplier’s warranty certificate;
+ Original and ____(5 copies) of inspection certificate
issued by the nominated inspection agency, and
inspection record at manufacturing factory;
+ Goods’ certificate of origin issued by manufacturer
entity; and
+ Original and ______(5 copies) of goods packing sheet
The above documents shall be received by the Purchaser at
least_____(1 week) before arrival of the Goods. The Supplier
shall have to bear all resulting costs in the case the
Purchaser does not receive those documents or receives them
late
4. Technical documents
- When the manufacture design has been available, the
Supplier shall provide the Purchaser with _____ (4 copies) of
manufacture drawings together with attached documents,
clearly marked "Drawings for Consideration".
- Within no later than ____ days (15 days) after receiving the
mentioned documents, the Purchaser shall send to the Supplier
a copy of above drawings and documents after revising and
adjusting them, clearly marked "Returned for Revision" for the
Supplier to improving them before manufacturing.
- If the Supplier does not receive comments from the
Purchaser within____(4 weeks) since the date of technical
documents and drawings submission, these documents shall be
considered as accepted by the Purchaser. Once receiving the
document sent from Purchaser, the Supplier should reply in
writing to inform their receipt of documents as well as their
comments on the requirement of Purchaser.
- Revision and adjustment of drawings and relevant
documents by the Purchaser shall not reduce contract
performance responsibilities of the Supplier, especially in
terms of quality and delivery schedule.
63
- Before delivering Goods to transport means, the
Supplier shall submit to the Purchaser _____(6 copies) of
manuals for installation, operation and maintenance as
follows:
+ _____( 05 copies) shall be sent by EMS one month
before Goods delivery date
+_____(01 copy) shall be sent attached to Goods,
packed in such a manner satisfying transport requirements
11 1 - Insurance :
Depending on the specific feature and requirements of the
bidding package to specify the appropriate contents provided
that it will follow the law as well as the international
commercial terms
2 Other requirements on Insurance: _________

Specify other requirements (if any)
13 1 Other Incidental Services:_______
(Specify clearly the other incidental services, if required)
Example:
a) Install and supervise the installation at site, make trial
run of of supplied equipment.
b) Supply instruments required for installation,
maintenance of the supplied equipment.
c) Supply documents guiding in details the operation and
maintenance for each type of supplied equipment.
d) Maintain, Repair or supervise the maintenance, repair
of the supplied equipment within the agreed duration,
with the provision that such services shall not relieve
the Supplier from any warranty obligation under the
Contract.
e) Train the Purchaser’s staff at the Purchaser’s plant, at
Site on installation, trail run, operation, maintenance or
repairs of the supplied equipment.
f) Other contents (if any)
14 1 Spare parts:
(Depending on the specific requirement of each package to
decide whether this cocntent is required or not in accordance
with requirements in Chapter V. If yes, specify in detail, for
example: The Supplier shall be responsible for providing
spare parts for ____ years (2 years) of normal operation of the
equipment as follows: ______ (to be specified depending on
64
different contracts).
15 1 Other Guaranties required for goods:
(Specify other guarantee requirements for goods)
Example: Second-hand goods must be guaranteed remaining
more than 70% of the using value.
2 Time for Warrantee:
Specify clearly the time for warrantee according to the specific
requirement of the Goods. For example: 12 months or 24
months.
3 Warrantee Deposit:
(Specify clearly whether the warrantee deposit is required. For
small-scale packages with the simple goods, the warrantee
deposit is not required, however, the warrantee certificate is
required, of which, the time and the responsibility for
warrantee of the Supplier should be mentioned clearly. For the
other packages, this contents will be subject to the specific
requirement and specification of each packages. The deposit of
warrantee can be deducted from the total contract payment, or
can be paid under a bank security. The value of the deposit is
subject to the required warrantee duration, for example: 5% of
the total contract value for the warrantee duration of less than
12 months, : 3% of the total contract value for the warrantee
duration of less than 24 months as mentioned in the Decree on
Investment and Construction management
4,5 Time for rectification of defect during the warrantee period is
not exceed______ days (e.g. 30 days) from receipt of
notification of the Purchaser.
16 1 Currency for payment of the Contract:
(Specify the required currency)
3 Term and condition of payment; time of payment:
________________
Depending on specific feature and requirements of each
package; specify the appropriate required method, conditions
and terms.
For example: payment will be made in cash, or through the
credit system, by advance, or partial payment…. The number
of payments can be defined based on each progress
milestones, on completed work load, or can pay only one time
upon the completion of the contract.
In case the advance payment is applied, the value of advanced
payment should be specified clearly (normally: 10;15 or 20%
of the total contract value or can be higher, but can not exceed
the allocated capital schedule for the whole year as defined at
65
the Circular No. 44/2003/TT-BTC dated 15th May 2003 of the
Ministry of Finance. Depending on the specificatiosn of the
goods as well as the value of the advance amount, the
Purchaser can request to the Supplier to submit the advanced
payment security to ensure the responsibility of the Supplier in
manufacturing and supply of goods. If the advanced payment
security is required, the Form No. 13 of Chapter X will be
applied.
Time for payment will be made at once or within some certain

days (10,20, 30 days) upon the submission of full required
payment document. Following here is an example about the
payment requirement for an imported electric equipment
package:
1. The payment for the required goods will be made with the
currency as mentioned in the Contract, details as follow:
- Advance payment:
% (10%) of the Contract Price shall be paid within ___day
(30 days) since the contract validity date and upon the
Supplier's submission of:
+ Claim for payment
+ Bank guarantee for advance payment with equivalent
amount (10% of the Contract Price) in Form 13,
Chapter X (or another form acceptable to the
Purchaser).
- Payment on delivery:
+ Delivery under CIF conditions: ______ % (80%) of
price of the Goods delivered shall be made by L/C irrevocable
opened for the beneficiary (the Supplier) at the bank of
Supplier's country upon submission of the documents by the
Supplier specified in GCC Section 10.
+ Delivery at the Supplier's warehouse: ______ %
(80%) of the price of Goods delivered shall be made by L/C
irrevocable opened for the beneficiary (the Supplier) at the
bank of Supplier's country when the Purchaser receives the
Goods at the location defined in the Contract and upon
submission of the documents by the Supplier specified in GCC
Section 10 and delivery report signed between the Supplier
and the Purchaser.
- Payment on acceptance (taking over):
______ % (10%) of the Contract Price shall be paid to
the Supplier within
____ days (30 days) after the date of the acceptance
66
certificate for the respective delivery issued by the Purchaser
and upon submission of Insurance Security of _____ % (5%)
of the Contract Price by the Supplier.
2. Payment for technical service portion: shall be made in
accordance with the schedule of completed work
18 2 Time for Supplier to reply to Purchaser’ request on
amendment and supplement of the contract:________
(Specify clearly the required number of days subject to the
specific requirement of the amendment contents)
22 Liquidated Damages:
[The rate of liquidated damages is applied depending on each
package’s specific condition and specification,
Example: The applicable rate is 0.5 (one-half) percent of the
price of late delivered Goods per 1 week late and the
maximum rate shall not exceed 12% percent of the Contract
Price. (12% is the maximum rate as specified in the Ordinance
of Economic Contract and Law of Construction). Besides,
additional section on penalty for other specific breaches can
be included]
26 2 Accepted time for continuation of delivery: ____ (days) for
goods which are ready for delivery after the seller receives
notification for contract termination from the Purchaser.
(Specify clearly the time based on the nature and requirements
of the bidding package)
27 2 Settlement of Disputes: __________
(Specify clearly time and mechanism of settlement of disputes
based on the nature and requirements of the bidding package.
For example: Any dispute that can not be settled by
negotiation or conciliation within ____ days (30 days) since
the dispute arising date, shall be passed on to Vietnam
Economics Court if the contract is signed between the
Purchaser and a Vietnamese supplier; or International
Arbitration Center at Vietnam Chamber of Commerce and
Industry for settlement if the Contract is entered into with a
foreign contractor.; or an International Arbitration
organization abroad which has been selected by the Purchaser
when international bidding uses loans from foreign donors.
29 Applicable Law
(Specify clearly if the other Law is required)
30 The information can be exchanged through the following
communication addresses:
- Purchaser's contacting details are as follows:
67
Tel:
Fax:
E-mail:
- Supplier's contacting details are as follows:
Tel:
Fax:
E-mail:
31 Tax:_______________
(Specify all the payable taxes and the responsibilities of both
parties in conformity with the requirement defined in Section
11 Chapter I)
68
Chapter X:
FORM OF THE CONTRACTS
Form No. 11
CONTRACT AGREEMENT
FOR SUPPLY OF GOODS
____, day ____ month ____ year ____
Contract No: ________
Bidding package: ____ [insert name of bidding package]
Project: ____ [insert name of Project]
- Pursuant to ____
- Pursuant to ____
- Pursuant to Decision No. of ____ day ____ month ____ year ____
by ____ on approval bidding result of the package ____ and
notification of contract award No. of____ day ____ month ____ year
____.
__________________
(it is necessary that the procuring entity should be updated with current
legal documents and with requirements of funding source from donors)
We, representing the sides entering into this economic contract, are:
Purchaser
Name of the purchaser (Name of Procuring entity):____________
Address:______________________________________________
Tel:__________________________________________________
Fax:__________________________________________________
Email:________________________________________________
Bank account:__________________________________________
Tax code:_____________________________________________
Represented by Mr./Mrs.:________________________________
Title:_________________________________________________
Letter of authorization for contract signing No._____ dated___
month____year (in case of being authorized)
Supplier
Name of the supplier (Name of bidder):_____________________
Address:______________________________________________
69
Tel:__________________________________________________
Fax:__________________________________________________
Email:________________________________________________
Bank account:__________________________________________
Tax code:_____________________________________________
Represented by Mr./Mrs.:________________________________
Title:_________________________________________________
Letter of Authorization to sign the contract No. of ____ day ____ month
____ year ____ (in the case of being authorized).
The two sides agree to sign contract for supply of goods with following
content:
Clause 1: Scope of contract
Scope of contract are goods and accompanied services (if any) which are
stated in details in Appendix No. 1 being attached hereto (this appendix is
developed based on bidding documents, bid and other agreement attained
during contract's negotiation and finalization, including list of supplied goods
and services).
Clause 2: Components of contract
Components of the contract and order of legal enforcement as follows:
1. This contract agreement document
2. Minute on result of contract's negotiation and finalization
3. Bidding result
4. Specific conditions of contract
5. General conditions of contract
6. Bid and written clarifications to bid of the bidder (if any)
7. Bidding documents and amendments to bidding documents (if any)
8. Other documents (if any).
Clause 3: Supplier's responsibilities
Supplier shall be bound to supply Purchaser in sufficiency the goods and
accompanied services stated in Clause 1 of this document, and commit to
perform its entire obligations and responsibilities stated in General conditions of
contract and Specific conditions of contract.
Clause 4: Purchaser's responsibilities
Purchaser shall be bound to payment made to the Supplier the contract
value stated in Clause 5 of this document in the method specified in Specific
conditions of contract as well as perform its entire obligations and
responsibilities stated in General conditions of contract and Specific conditions
of contract.
70
Clause 5: Contract value and method of payment
1. Contract value: _______________
2. Method of payment: Method of payment shall be provided in Specific
conditions of contract.
Clause 6: Contract type: Lump-sum (if otherwise required, specify the
type of contract in conformity with the requirement stated in item 1 Section 11,
Chapter I))
Clause 7: Validity of contract
1. The contract shall be valid from _____ (specify the valid date of the
Contract in inconformity with the requirement stated in Item 9, Section 1 of the
GCC ).
2. The contract shall terminate after the contract liquidation performed by
the two sides in accordance with the applicable laws.
This contract is made into ____ sets, the Purchaser shall retain ____ sets,
the Supplier shall retain ____ sets, all sets of contract agreement are of equal
legal enforcement.
Purchaser's representative Supplier's representative
71
Form No. 12
PERFORMANCE SECURITY
________, day ____ month ____ year____
To: _______________(name of Purchaser)
At the request of .. (name of the Bidder) (herein after referred to as

Supplier) who has wined the Contract of…….(name of bidding package) and
committed to sign contract and supply [insert description of goods and services]
(herein after referred to as Contract) (1).
In accordance with provisions in the Contract, the Supplier shall submit a
performance security issued by a bank in the specified sum to secure the
Contract performance of the bidders under the Contract conditions.
We, [insert name of the bank (1)] in [insert name of the country] having
registered office at [insert the bank's address] (herein after referred to as the
Bank), commit to guarantee the Contract performance of the Supplier in the sum
of [insert number in figures, words and currency]. We are bound to pay
unconditionally to the Purchaser any sum or sums not exceeding in an total
amount of [insert amount of performance security] as stated above, upon your
demand of [insert name of Purchaser] notifying the Bidder's breach of Contract
without having to substantiate or cite reasons for payment of the above sum.
This security shall valid from day ____ month ____ year ____ to the end
of day ____ month ____ year ____ .
Representative of Bank
(Sign, seal)
Note:
(1) If the Bank required a signed contract before issuing the Bank
Security, the Procuring Entity should consult the competent authority for their
consideration and approval. In this case, the above mentioned session can be
adjusted as below: “Pursuant to the fact that [insert name of supplier] (herein
after referred to as Supplier) has been bound by the contract No. [insert the
number of contract] day month year, to supply [insert description of
goods and services] (herein after referred to as Contract).”
(2) Bank's address: State clearly address, telephone number, fax number, email
address for contact
72
Form No. 13
ADVANCE PAYMENT SECURITY
________, date ____ month ____ year ____
To: _____________(insert name of the Purchaser)
[insert name of the Contract]

In accordance with provisions on advanced payment specified in SCC,
[insert name and address of the Supplier] (herein after referred to as Supplier”)
shall submit a bank guarantee to the Purchaser to secure the contract
performance in the sum of … [insert number in figures, words and currency].
We, [insert name of the Bank] in [name of the country] having registered
office at [insert address of the Bank (1)] (herein after referred to as Bank),
according to the Supplier's request, agree unconditionally, irrevocably without
the Supplier's prior review, pay the Purchaser upon its request a sum not
exceeding the total of [insert number in figure, words and currency].
In addition, we agree that the adjustments, supplement or amendments to
the contract condition or of any documents relating to this contract signed by the
Supplier and the Purchaser shall not alter any of our obligations under this
guarantee.
This guarantee shall be valid from the date that Supplier receives the
advance payment under the contract until the end of day __ month _ year 3____.
Representative of the Bank

(sign, seal)
Note:
(1) The Advance payment Security is required or not based on the specific
requirement and specification of each package.
(2) Bank's address: State clearly address, telephone number, fax number,
email address for contact
(3) The delivery date is specified in the Contract, if the goods is delivered
piecemeal , the Advance payment security can be expired when the value
of delivered goods and the hand-over values is bigger than the advanced
payment value. In case the contract performance time needs to be
extended, the advance payment security’s validity can be extended
accordingly.
73
.- APPENDIX
PROCUREMENT NOTICE
(Name of Procuring Agency) have planned a procurement for the package

(insert name of bidding package and main scope of supply) using
national/international competitive bidding procedures, under the project (insert
name of project) of total investment/total estimate ______ (insert total amount)
from the funding source of (insert name of funding source or financing
organization).
Procuring Entity would like to invite all eligible, qualified and

experienced bidders to submit its bid for the above-mentioned bidding package.
Interested Bidder may ask for more information about the Package and
purchase the Bidding Document at ( named the address … Tel, Fax… email)
Registerred bidder may purchase a complete set of bidding document
upon payment of a non-refundable amount of money (insert amount in figures
and words, kind of currency).
Time for selling bidding documents from date ____ month ____ year
____ until end of date ____ month ____ year _____ (within office hours) .
The bids must be accompanied by a bid security of the value ____ (insert
amount in figures and words, kind of currency, type of bid security) and
delivered to (state address for receiving bids) on or before ____ hour (Vietnam
local time), date ____ month ____ year ____.
All bids will be opened publicly at ____ hour (Vietnam local time), date
____ month ____ year ____ , at the address (state address for bids opening).
LEGAL REPRESENTATIVE OF PROCURING ENTITY

(State name, title)
74

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Draft No.

Chapter IV.. Bidding Forms ............................................................... 50

Form No. 5: General Information about Bidder ......................... 54

1. BDS Bid Data Sheet

16. Decree 88/CP Procurement regulation promulgated together with

Chapter I: Instruction to Bidder

a)) For goods manufactured or produced within Vietnam (Form No. 2,

- Tax and Duties in accordance with Vietnamese laws shall be specified

Section 14. Documents establishing the eligibility and conformity

- If there is a mistake by misuse of decimal symbol and digit grouping

BID DATA SHEET

Section Item Content

2 The financial independence of the bidder:

3 Parts of bidding package:

b) For imported goods manufactured or produced from

c) For goods manufactured outside Vietnam, which were

BID EVALUATION CRITERIA

Minimum criteria for

Maximum Minimum Pass Accepabl Fail

No Content of requirements Basis for determining

b) Deviation in payment schedule

________, day ____ month ____ year ____

To: __________________(name of procuring entity)

Legal Representative of the Bidder

PRICE SCHEDULE FOR LOCALLY MANUFACTURED GOODS

FINANCIAL STATUS REPORT OF RECENT YEARS

Contents Year ____ Year ____ Year ____

____, date ____ month ____ year ____

________, date ____ month ____ year ____

To: ____________________ (name of procuring entity)

Note: For small-scale package: 10 days

LIST OF ON-GOING CONTRACTS

3. Total liquid asset mobilized for this package:________ VND

Name of contract Name of Scope and Value (2) Notes

Bidder shall give attachment to this summary such copies of documents,

____, date ____ month ____ year ____

________, date ____ month ____ year ____

To: ________________(name of the Purchaser)

Manufacturer’s competent person

No. List of goods, technical Unit Quantity Description (1) Note

2. Scope of supply of technical services

No. List of technical services Description (1)

No List of goods, Unit Quantit Delivery Places for

No List of technical services Required Notes

3. Specific technical requirements

No Description Unite Requirements

10 1 Delivery of Goods and attached documents and vouchers

2 Other requirements on Insurance: _________

Time for payment will be made at once or within some certain

Purchaser's representative Supplier's representative

At the request of .. (name of the Bidder) (herein after referred to as

ADVANCE PAYMENT SECURITY

________, date ____ month ____ year ____

To: _____________(insert name of the Purchaser)

[insert name of the Contract]

Representative of the Bank

(Name of Procuring Agency) have planned a procurement for the package

Procuring Entity would like to invite all eligible, qualified and

LEGAL REPRESENTATIVE OF PROCURING ENTITY

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____, day month year

Contents Year Year Year

, date month year

____, date month year

, date month year

____, date month year

____, date month year