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INVITATION FOR BID (INTERNATIONAL COMPETITIVE BIDDING ONE-PHASE BIDDING FOR ONE-ENVELOPE BIDDING) Bidding package No: 25-VT-3902/23-DVL -B (PKK) stle of biadi _ Supplying of Materials of surface well testing equipment Title of bidding package: 1) TU-14XP, block 04-3. Project Block 04-3 Issued on: 18) 62/Jo q Issued including Decision: Deadline: 09:00 (Hanoi Time);.(4.../. 254212004 (daylmonth/year) NE Vi VPETRO, Van bn ny ave xe tue ti psieot |___ORIGIN CONTENTS BRIEF DESCRIPTION ABBREVIATION PART 1- BIDDING PROCEDURES Chapter I: Instruction to Bidders Chapter II: Bidding Data sheet Chapter III: Bid proposal evaluation Chapter IV: Bidding Forms PART 2- SCOPE OF SUPPLY REQUIREMENTS Chapter V: Scope of Supply PART 3- CONDITIONS OF CONTRACT AND CONTRACT FORMS Chapter VI: General conditions of contract. Chapter VII: Particular conditions of contract Part 4— ATTACHMENTS 5 TIEN OOANH VIET-NGA . ViETSOVPETRO, Van bin nay ove xe thee te seo elo dait )S8. dt XAC NHAN BAN GOC | | _ORIGINAL os BRIEF DESCRIPTION Part 1. BIDDING PROCEDURES Chapter I. Instructions to bidders This Chapter provides information to help bidder in preparation of Bid Proposal. Information includes rules of preparation, submission of Bid Proposal, bid opening, bid evaluation and contract award. Chapter I contains provisions that are to be used without modification, Chapter II. Bidding data sheet This Chapter specifies in detail contents of Chapter I for applying for each bidding package. Chapter IIL Bid Evaluation criteria This Chapter includes criteria for evaluation of Bid Proposal, capacity and experience of bidders in bidding package performance. Chapter IV. Bidding forms ‘This Chapter includes forms that bidder shall complete to form a part of Bid Proposal. Part 2. SCOPE OF SUPPLY REQUIREMENTS Chapter V. Scope of supply This Chapter includes scope, progress of goods supply, related services, technical requirements, drawing for description the specification of goods and related services; contents on inspection and testing of goods (if any), Part 3. TERMS AND CONDITIONS OF CONTRACT AND CONTRACT FORMS Chapter VI. General Conditions of Contract, This Chapter includes general conditions applied for all contracts of various bidding packages. Chapter V1 contains common provisions that are to be applied to all Contracts without modification Chapter VII. Particular Conditions of Contract This Chapter includes contract data and specific conditions, which specifies detailed conditions for each contract, Particular conditions of contract are to be modified and supplemented but not to replace general conditions of Contract. Chapter VIIL. Contract forms This Chapter includes forms which, once completed, shall become integrated part of contract. Templates of contract performance guarantee (Performance Bond) and Advance payment guarantee (if any) are completed by awarded bidder before contract comes into effect. Part 4. ATTACHMENTS ‘This Chapter includes detailed scope of supply, Technical Requirement and Technical Evaluation Criteria es ABBREVIATION TTB Instructions to Bidders BDS Bid data sheet FB Invitation for Bid acc ‘General conditions of contract PCC Particular conditions of contract, VND Vietnam Dong, USD [US Dollar EUR European currency Bi TRO, Al SOVPI { Vie mort ames sep THAI Te BR OR! AH VIET-NGA Part 1. BIDDING PROCEDURES Chapter I: INSTRUCTION TO BIDDERS 1. Scope of bid Ll. 12, Vietsoypetro as specified in the Bid Data Sheet (BDS) issues this Invitation for Bid for selection of Bidder to implement bidding, packaye for prucurenmeut of yuuds as described in Patt 2 — Seupe of Supply requirements. Tile of the bidding package; number, quantity of parts (in case bidding package is divided into many independent parts) belongs to bidding package as specified in BDS. Source of Funds Source of funding (or method of capital arrangement) for bidding package as specified in BDS. 3. Banned acts in bidding 31 32 33 34 35 Offering, giving, receiving or taking a bribe. Abusing positions or entrusted power to influence or illegally intervene in bidding process in any form. Collusive practice, including: a) Reaching, with or without undue influence, an arrangement or agreement which is designed to let one or more parties to prepare bids, for all bidders or to withdraw submitted bids so that one of them will win the bid; b) Reaching an arrangement or agreement on refusal to supply goods or services, or subcontract, or reaching other agreements to limit ‘competition so that one party will win the bid; ©) A bidder with appropriate qualifications and experience has submitted a bid and meets the requirements laid down in the bidding documents but deliberately refuses to provide additional documents proving their capacity and experience at the procuring entity's request for clarification of the bid or verification of their submitted documents with the aim of facilitating one party’s winning of the bid. Fraudulent practice, including a) Forging or falsifying information and/or documents used in bidding; b) Deliberately providing information and documents which are not accurate or objective in bids with the aim of falsifying the contractor selection result. Obstructive practice, including: a) Destroying, deceiving, altering or concealing of evidence or making false statements; threatening, harassing or intimidating any party to prevent the verification or investigation into a corrupt, fraudulent or collusive practice made with a supervision, inspection or audit authority; b) Obstructing the competent person, employer, procuring entity, bidders in the course of contractor selection; ¢) Impeding competent authorities’ rights of supervision, i audit of bidding activities, @)_Deliberately making false complaints, denunciations or petitions with pection or Van bén néy duoe xe thc tl hte eotice ela cb itil ANH Vie in 3B ae nhs Ooza-HST-PTIVEMOH | ___ ORIGINAL — e) 36 4d) e) 8) h) i) dD k) 37 the aim of impeding bidding process; Acts of violation against laws and regulations on cybersecurity and safety intended to intervene or impede the online bidding process. Inequality and non-transparency, including: A Didder of a package or investment project is also the procuring entity or employer or takes charge of performing tasks of the procuring entity or employer of that package or investment project; A person or entity concurrently engages in the preparation and appraisal of bidding documents, or RFP of the same package or investment project; A person ot entity concurrently engages in the evaluation of bids or proposals and the appraisal of the contractor selection result of the same package or investment project; A person who is working for the procuring entity/employer directly engages in the contractor selection, or acts as a member of the expert team or appraising team in charge of appraising the contractor selection result, or is a competent person or head of the procuring entity/employer, for a package or investment project for which his/her family relative, as defined in the Law on enterprises, directly submits a bid or acts as the legal representative of a bidder; A bidder submits a bid for a procurement, construction or non- consulting service package for which the bidder is also acting as a consultant on preparation, verification and appraisal of cost estimate, technical design, building drawings and designs, front-end engineering design (FEED); preparation and appraisal of bidding documents; evaluation of bids; inspection of goods; appraisal of contractor selection result; supervision of contract execution; A person acts as a bidder for a package of a project or investment project of the procuring entity or employer for which he/she worked and held the executive or managerial position within 12 months from the date of his/her resignation therefrom; A supervision consultant also acts as the inspection consultant of the same package; Failure to meet relevant requirements laid down in Law on bidding 22/2023/QHI5 when adopting a method other than the competitive bidding to the contractor selection; Inclusion of specific brand and/or origin requirements in the bidding documents; Bidding documents impose conditions that limit the participation of bidder(s) or give advantage for one or some bidders resulting in unfair competition or violation of the Clause 3 Article 44 and Clause 2 Article 48 of Law on bidding 22/2023/QH15; Slitting a project or procurement cost estimate into a series of packages for the purpose of direct contracting or with the aim of limiting the participation of bidders. Unauthorized disclosure of the following information and documents on the contractor selection, except the cases specified in Point b Clause 8 and Point g Clause 9 Article 77, Clause 11 Article 78, Point hClause | Article 79, Clause 4 Article 80, Clause 4 Article 81, Clause 38 a) 39 a) b) ad 2 Article 82, Point b Clause 4 Article 93 of Law on bidding 22/2023/QHIS, including Contents of bidding documents before they are issued as prescribed; Contents of bids; the procuring entity’s clarification requests and responses from bidders during the evaluation of bids; reports of the procuring entity or expert team, appraisal reports, reports of consultants and other relevant specialized agencies during the contractor selection; records or minutes of bid evaluation meetings, s oF comments on each bid before they are disclosed as prescribed; The contractor selection result before it is disclosed as prescribed; Other documents issued or obtained during the contractor selection and certified to contain state secrets as prescribed by law. Ilegal transfer of awarded contract, including the following cases: The contractor transfers a volume of tasks of the package worth more than the maximum value of tasks to be subcontracted and those tasks to be undertaken by specialist subcontractor(s) under the signed contract; ‘The contractor transfers a volume of tasks of the package whose value does not exceed the maximum value of tasks to be subcontracted under the signed contract but beyond the scope of tasks to be subcontracted specified in the bid without obtaining a prior consent from the employer or supervision consultant; ‘The employer/supervision consultant gives consent to the contractor's transfer of tasks as prescribed in Point a of this Clause: The employer/supervision consultant gives consent to the contractor's transfer a volume of tasks as prescribed in Point b of this Clause which is worth more than the maximum value of tasks to be subcontracted under the signed contract. ‘The contractor selection is conducted before determining funding sources as prescribed in Clause 3 Article 39 of Law on bidding 22/2023/QHIS. 4. Eligibility of bidders 4d 42 43 44 45 Having Business Registration Certificate, incorporation decisions or similar documents issued by the competent authority of country where bidder is running business. (In case short list has been selected, to be stipulated as follows: Having Business Registration Certificate, establishment decisions or similar documents issued by the competent authority of country where bidder is running business; name of bidder is stated in short li Being an independent cost accounting entity Not being in the process of dissolution; not concluded to fall into the state of bankruptcy or to be insolvent as prescribed by law; To ensure competitiveness in bid as specified in BDS; ‘Not being in time banned from bid participation as prescribed by law on bidding; et gi PeeReenspemucncn fe 46 Tis name is registered on VNEPS before the grant of approv: for contractor selection result Having member in Consortium or sub-contractor to be Vietnamese bidder as specified in BDS. It is not being prohibited from participating in bidding according to a decision issued by a competent person, Minister, head of ministerial agency, Governmental agency or another central-government agency, or Chairperson of the provincial- level People’s Committee as preseribed in Clause 3 Article 87 of this Law; 5. Eligibility of Goods, | 5.1 Related Services 52. 33. All the Goods and Related Services are deemed eligible if having identified and legitimate origin, ‘The term “Goods” is construed including but not limited to machinery, equipment, raw materials, fuel, materials, supplies, accessories; consumables; medical supplies used for medical establishment, The term “origin” shall mean as country or territory where produces whole goods or implements final basic processing in case many countries or territories take part in production process of those goods. ‘The term “Related Services” including but not limited to the Services such as: warranty, maintenance, overhaul, repair, supply of spare parts or supply of other after sales services like training, technology transfer. In order to prove eligibility of goods and Related Services as, prescribed in ITB 5.1, bidder has to specify origin, mark, brand name of goods and attached documents so as to prove eligibility of goods as specified in BDS. Contents of 61 Invitation for Bid 62. ‘The Invitation for Bid consists of Parts 1, 2, 3 accompanied with documents of Bid Proposal amendment as specified in ITB 8 (if any) including as follows: Part 1. Bidding Procedures: = Chapter I. Instructions to Bidders (ITB); - Chapter II. Bidding Data Sheet (BDS); - Chapter III. Bid Proposal Evaluation Criteria; = Chapter IV. Bidding Forms, Part 2. Scope of Supply Requirements: - Chapter V. Scope of Supply. Part 3. Conditions and Forms of Contract: = Chapter VI. General Conditions of Contract (GCC); - Chapter VII. Particular Conditions of Contract (PCC); = Chapter VIII. Contract Forms. Part 4, Attachments. The Letter of Invitation /Bid Announcement issued/provided by Vietsovpetro is not part of the Invitation for Bid 'SOVE pabn THANE Vietsovpetro is not responsible for the preciseness, completeness of the Invitation for Bid, explanation for clarification, minutes of pre~ tender conference (if any) or amendment of Invitation for Bid as, prescribed in ITB 8 if these documents are not obtained from Vietsovpetro. In case of any contradiction, documents issued by Vietsovpetro shall prevail. The bidder is expected to examine all instructions, forms, supply requirements and other requirements in the Invitation for Bid for preparation Bid Proposal including all information or documentation as required by the Invitation for Bid. Any bidder who needs clarification of the ITB shall send a written request on national bidding network and to soliciting entity (address and time are specified in the datasheet). The bidder may send a prior notice to the soliciting entity by fax, email, ete. After receiving the written request for clarification by the deadline, the soliciting, entity shall make a written response without specifying the name of the requesting bidder, public on national bidding network and send it to every bidder who receives the ITB from the soliciting entity. If the clarification leads to revision to the ITB, the soliciting entity shall revise the ITB in accordance with Section 8 of this Chapter. If necessary Vietsovpetro hold pre-Bid conference to discuss unclear contents in Invitation for Bid. The discussion shall be formally recorded as minutes of clarification which shall be sent to all bidders who bought or acquired Invitation for Bid from Vietsovpetro. In case the Invitation for Bid is required to be modified after the pre-tender conference, Vietsovpetro shall issue document for amendment as specified in ITB 8, minutes of pre- tender conference is not the document for amendment. No participation in pre-tender conference is not the reason to reject bidder. 63. 6.4, 7. Clarification of 1 Invitation for Bid 72. 8. Amendment of BL. Invitation for Bid 8.2. 83. ‘The amendment of the Invitation for Bid shall be made prior to the deadline for submission of bid proposal by issuing documentation for amendment. Documentation for amendment shall be part of the Invitation for Bid and shall be communicated in writing to all bidders who have obtained the Invitation for Bid from Vietsovpetro. ‘The time to send the documentation for amendment of Invitation for Bid to all bidders who have acquired the Invitation for Bid from Vietsovpetro shall be stipulated in the BDS. To give bidders reasonable time in preparing their bid proposal, Vietsovpetro may, at its discretion, extend the deadline for the submission of bid proposal, pursuant to ITB 22.2. The bidders are required to notify Vietsovpetro in writing that the documentation for amendment has been received by one of the following methods: sending letter directly, by post, fax or email Vin bin nay dag xe thy ftps eof. vie . Cost of bidding 1 0.Language of Bid Proposal ‘The bidder shall bear all costs associated with the preparation and submission of its Bid Proposal. Vietsovpetro shall not be liable for those cost under any circumstances, ‘The bid proposal, as well as all correspondence and documents relating to the bid proposal exchanged by the bidder and Vietsovpetro, shall be written in English, Any supporting documents in bid proposal can be written in other languages and concurrently attached with translation in English. In case of no translation, 1k necessary, Vietsovpetro may ask bidder for supplementation of documents. 1 1.Documents ‘comprising the bid ‘The Bid Proposal shall comprise of the following: 11.1. Application for bidding in accordance with TBI2; 11.2. Consortium agreement in case the bidder is Consortium in accordance with Template No.3, Chapter IV ~ Bidding forms; 11.3. Bid Bond, in accordance with ITB 19; 11.4, Proof documents for eligibility of bidder in accordance with ITB 4; 11.5. Proof documents for eligibility of signatory under the application for bidding, in accordance with ITB 20.3 11.6. Proof documents for capacity and experience of bidder, in accordance with ITB 17; 11.7. Technical proposals and proof document for adequacy of goods and related services, in accordance with ITB 16; 11.8. Price proposals and price schedules with full information, in accordance with ITB 12, 14; 11.9. Proposals of technical alternatives, in accordance with ITB 13; 11.10 Other contents as specified in BDS. 12. Application for bidding form and price schedules The application for bidding form and respective price schedules shall be prepared using the relevant forms furnished in Chapter IV, Bidding Forms. 13.Proposals of technical alternatives 13.1. Incase Invitation for Bid stipulates in BDS for probability of technical alternatives, then those technical alternatives shall be considered, ‘The bidder is required to clearly state the main offer and the alternative offer in the bidding proposal. 13.2. Technical alternatives are only considered when main solution ‘meets requirements and bidder is ranked first. In this case, bidder shall provide all information necessary for evaluation of the alternatives by Vietsovpetro, including notes, drawings, technical specifications, progress of supply and other relevant information, The evaluation of technical alternatives in accordance with Section 5 Chapter III - Bid Evaluation criteria, senor te 3 EN DOANE VIET-NGA WPETRC { ‘ORIGIN 141. 142. 143, 144, ‘The bidding prices means the price stated in Application for bidding, including all costs for implementation of bidding package (not including discounts) as prescribed in Part 2 ~ Scope of Supply requirements, Bidder shal] submit Bid Proposal for all work described in ITB 1.1 and offer unit prices, extended amount for work specified in columns of “List of goods”, “Services description” in accordance with respective template prescribed in Chapter IV — Bidding forms. Incase columns “Unit price” and “Extended amount” are not offered or offered “0”, it is assumed that bidder allocates prices of these goods and services into others prices of those in bidding package, bidder is responsible to provide goods, services in accordance with requirements of Invitation for Bid and not receive payment from Vietsovptero during implementation of contract. Bidder is required to offer prices in each Price schedules as prescribed in BDS. In case bidder offers discount, this can be offered directly in Application for Bidding or put in separate letter for discount. Bidder has to specify the content of discount and details of discount allocation into specific items in columns of “List of goods”, “Services description”” In case details are not provided, the discount is assumed to apply uniformly for all items in the columns of “List of goods”, “Services description”. Letter for discount (if any) can be submitted with Bid Proposal or separately provided that Vietsovpetro receives prior to Deadline for Bid submission. In case letter for discount is submitted separately, procedures are implemented in accordance with ITB 21.2, 21.3. Letter for discount shall be kept as part of bid proposal and be opened concurrently with Bid Proposal Bidder is responsible for bidding prices in completion of work required in Invitation for Bid, if any dramatic errors, Vietsovpetro may require bidder to clarify unit price as specified in ITB 27. Block 04-3: Based on the Article 12.10.(a), (b), (4), of Decrees No. 87/2010/ND-CP dated 13" August 2010 and Article 100.11 (a), (b), (©) of Circulars No.128/2013/TT-BTC dated 10% September 2013 of Ministry of Finance on continuous cooperation in geological exploration, oil and gas exploitation at continental shelf of Socialist Republic of Vietnam, Vietsovpetro is exempted from import tax in territory of Socialist Republic of Vietnam when moving in/out material, equipments and goods which have not been produced inside Vietnam for Oilfield on Block 04-3 Bidding prices shall include all taxes, fees and charges (if any) arisen inside Vietnam and shall be taken into consideration exemption of import tax for imported goods which have not been produced inside Vietnam from using Bidding terms will be specified in ITB 14.2 Chapter2 Bidding Data Sheet, List of a 145, 146. exempted goods available for Vietsovpetro in Block 04-3 Tax rate is applied according to tax rate, rate of fees, charges at the time of 28 days prior to Deadline for Bid submission. In case bidder announce bidding prices do not include taxes, fees, charges (ifany), Bid Proposal shall be rejected In case bidding package is divided into independent parts and bidder is allowed bidding in each part specified in BDS, bidder is able to bid for ono or many parto of bidding package. Biddor has to bid all work of such part which the bidder attends. Should the bidder offer discount, bidder shall specify details and prices of discount in each part as per ITB 14.3. In case bidder notices that quantities of work in columns “List of goods”, “Services description” are not accurate with design or requirements specified in Part 2 — Scope of Supply requirements, bidder can notify Vietsovpetro and make separate price proposal of those deviations for consideration, Bidder is not allowed to take those deviations into account in bidding prices. 15.Currencies of Bid and Payment 15.1 15.2 15.3 ‘The currency of the bid shall be offered in VVD/ USD/ EUR. Cost incurred inside Vietnam shall be offered in VND. Cost incurred outside Vietnam shall be offered in VIVD/ USD/ EUR. Bidders have to offer by only one currency for a specific work. In case bidding price is offered in foreign currency, bidder has to prove that the respective work has been using foreign currency. ‘The currency of payment for work items shall correspond with the currency of bid for those items. Domestic costs are only paid in VND. The currency for conversion of different bidding prices from various currencies into unique currency for evaluation and comparison is: VNDIUSD applying the selling rate stated by Vietcombank on the date when the bid is closed. Ifall bidding prices are in foreign currency, then bid evaluation and comparison shall be done in USD. In the event that one of bidding prices is in VND, then bid evaluation and comparison shall be done in VND. 15.4 Without prejudice to any terms mentioned above and relevant applicable laws, contract currency for domestic bidders shall be in ‘VND, applying the selling rate stated by Vietcombank on the date when the bid is closed. 16.Documents establishing the conformity of the Goods and Related Services 16.1. 16.2. To establish the eligibility of the goods and related services in accordance with Invitation for Bid, the bidder shall furnish as part of its Bid Proposal the documentary evidence that the goods conform to the technical specifications and standards specified in Chapter V - Scope of Supply. The documentary evidence may be in the form of documents,

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