PRE QUALIFICAITON DOCUMENT Project’s name Expanding wastewater drainage system for inner city’s areas at Nha Trang city Location Nha Trang City, Khanh Hoa Province Issued on March 30th2018 (Issued tog.
PRE-QUALIFICATION PROCEDURE
This chapter provides essential instructions for investors on how to prepare and submit their applications effectively It covers regulations related to the application preparation process, submission procedures, bid opening protocols, and the evaluation criteria used to assess applications Additionally, it outlines the steps involved in selecting investors for the shortlist, ensuring a transparent and competitive bidding process Following these instructions will help investors smoothly navigate the application procedure and improve their chances of successful selection.
Chapter II Bid Data Sheet (BDS)
Each item in Chapter I referred to BDS must be specified in the respective item of
Chapter II to each package
Chapter III Evaluation procedure and criteria for the Application
This Chapter specifies the process and criteria for evaluation of Application
This Chapter specifies the forms to be submitted with the Application
This Chapter includes project summary in order for Investors to prepare Application Document response
Application Application for Pre-qualification
Law on Bidding Law on Bidding No 43/2013/QH13
Decree No 15/2015/ND-CP Decree No 15/2015/ND-CP dated February 14 th , 2015 on investment under Public-Private Partnerships form
Decree No 30/2015/ND-CP Government’s Decree No 30/2015/ND-CP dated March
17 th , 2015 on guidelines for the Law on bidding in terms of selection of Investors
Circular No 15/2016/TT-BKHĐT dated September
29 th , 2016 about guidelines for pre-qualification documents, bidding documents for PPP projects
BID DATA SHEET
Each item in Chapter I referred to BDS must be specified in the respective item of
Chapter II to each package
Chapter III Evaluation procedure and criteria for the Application
This Chapter specifies the process and criteria for evaluation of Application
This Chapter specifies the forms to be submitted with the Application
This Chapter includes project summary in order for Investors to prepare Application Document response
Application Application for Pre-qualification
Law on Bidding Law on Bidding No 43/2013/QH13
Decree No 15/2015/ND-CP Decree No 15/2015/ND-CP dated February 14 th , 2015 on investment under Public-Private Partnerships form
Decree No 30/2015/ND-CP Government’s Decree No 30/2015/ND-CP dated March
17 th , 2015 on guidelines for the Law on bidding in terms of selection of Investors
Circular No 15/2016/TT-BKHĐT dated September
29 th , 2016 about guidelines for pre-qualification documents, bidding documents for PPP projects
1.1 The Procuring Entity with name and address as defined in
BDS invites Investors to submit Application as prescribed in Chapter V - Project Summary Report
1.2 Total estimated investment/total investment for the Project is prescribed in BDS
1.3 Requirements on equity and borrowed capital are defined in
1.4 Basic information on the Project is specified in BDS
2.2 Take advantage of positions, powers aiming to interfere illegally in a bidding process
Collusive practices involve agreements to manipulate the bidding process, such as cooperating to withdraw bids or submission letters to ensure a particular party wins, collaboratively preparing bid documents to secure victory, or refusing to supply goods or participate in contracts to harm other parties Fraudulent practices include intentionally providing false information to gain financial or other benefits, falsifying evaluation reports or results during the bid or investor selection process, and dishonest conduct aimed at misrepresenting qualifications or outcomes to deceive evaluators These unethical behaviors undermine fair competition and violate procurement integrity.
Interference practices include acts such as destroying, cheating, altering, hiding evidence, or providing false reports These actions also encompass threatening, disturbing, or influencing investors to hinder investigations into corrupt, fraudulent, or conclusive practices by relevant authorities Furthermore, interfering with investors or authorities responsible for supervision, inspection, and audits impedes transparency and accountability in financial oversight.
The article addresses issues of inequality and intransparency in the procurement process, highlighting acts such as making bids as an investor for one's own invitation, engaging in evaluation of prequalification and bidding documents for the same package, and assessing investor selection results It also emphasizes that any individual within the Procuring Entity who directly participates in the investor selection process or evaluation groups—especially when they have familial ties to investors or legal representatives—compromises transparency Additionally, the article condemns the use of methods other than National Competitive Bidding when legal requirements are not met, ensuring fairness and integrity in the procurement process.
During the investor selection process, it is important to disclose or receive specific documents, excluding those outlined in Point e, Clause 8, Article 73; Point 1, Clause 3, Article 75; Clause 7, Article 76; Clause 7, Article 78; and Point d, Clause 4, Article 78, to ensure compliance with regulatory requirements and maintain transparency.
According to Article 92 of the Law on Bidding, the relevant documents include the prequalification documents and bidding documents issued before the prescribed time, the applications, bids, notebooks, and minutes from bid consideration meetings along with comments and evaluations prior to announcing prequalification results, the requests for clarification made by the Procuring Entity and the responses from Investors during the evaluation process, as well as evaluation reports, consulting reports, and reports from relevant agencies related to investor selection Additionally, prequalification and investor selection results prior to the official announcement, and other documents marked "confidential" as required by law are also included.
An Investor (independent or each member of the consortium) is eligible when satisfying the following conditions:
3.1 Have been granted an enterprise registration certificate, an establishment decision or equivalent issued by the competent authorities of the country in which the Investor is operating;
3.3 Be not undergoing dissolution process, are not thrown into bankruptcy, and do not incur bad debts as prescribed by law
3.4 Ensure the competitiveness in bidding as prescribed in the
3.5 Have registered on national bidding network
3.6 Be not banned from bidding as prescribed in law on bidding.
The Prequalification Document is composed of Part 1 and Part 2, along with any addenda issued as specified in ITB Section 7 This document outlines essential requirements and procedures for prequalification, ensuring transparency and compliance with procurement protocols Including these components helps applicants understand the scope and criteria for qualifying to participate in the project.
- Chapter II Bid Data Sheet (BDS)
- Chapter III Application Evaluation Process and Criteria
4.2 Invitation for Pre-qualification issued or provided by Procuring Entity is not a part of the Prequalification Document
The Procuring Entity disclaims responsibility for the accuracy and completeness of the Prequalification Document, its clarifications, pre-bid meeting minutes (if any), or any addenda to the Prequalification Document, unless these were obtained directly from the Procuring Entity, as outlined in ITB Section 7.
4.4 The Investor must examine all instructions, BDS, forms, summary reports and other requirements in Prequalification Document to create their Applications
Prospective investors seeking clarification of the Prequalification Document must contact the Procuring Entity in writing at the address specified in ITB Section 1.1 at least five working days before the submission deadline Clarifications can also be sought during the pre-bid meeting, if available, as detailed in ITB Section 5.2 This process ensures transparency and allows investors to address any uncertainties within the specified timeframe.
The Procuring Entity will provide written responses to clarification requests and distribute copies to all parties who purchased the Prequalification Document, ensuring confidentiality by not revealing the source of inquiries If necessary, the Procuring Entity may amend the Prequalification Document based on these clarifications, following the procedures outlined in ITB Section 7.
In exceptional cases, the Procuring Entity may conduct a Pre-Bid Meeting as outlined in the Bidding Document, to clarify issues and address questions related to the Prequalification Document Investors are encouraged to submit their questions in writing prior to the meeting to ensure timely clarification and smooth communication.
The Minutes of the Pre-Bid Meeting should include a record of the questions raised (without identifying the source) and the responses provided by the Procuring Entity Any clarifications regarding the Prequalification Document must be communicated to all investors who have purchased it from the Procuring Entity It is important to note that the Pre-Bid Meeting minutes are distinct from the Prequalification Document addendum Absence from the Pre-Bid Meeting does not serve as a ground for disqualification of an investor If the Procuring Entity finds it necessary to amend the Prequalification Document following the Pre-Bid Meeting, such amendments will be made in accordance with the procedures outlined in ITB Section 7.
The Procuring Entity grants the Investor and its partners permission to access the project site, subject to the condition that they indemnify the Procuring Entity against all liabilities arising from the visit The Investor and its partners are responsible for any accidents, property damage, or other losses incurred during the site inspection In exceptional cases, the Procuring Entity will provide specific guidelines for the site visit as outlined in the BDS, ensuring safety and compliance during the inspection process.
6.2 The Investor should notify the Procuring Entity of the request for site visit before such visit is undertaken
7.1 At any time prior to the deadline for submission of applications, the Procuring Entity may amend the Pre- qualification Document by issuing addenda Any addendum
Document issued, including the decision on amendment and amending contents shall be part of the Prequalification Document
7.2 The addendum shall be communicated in writing to all who have obtained the prequalification document from the Procuring Entity (by hand, by post, fax, or email)
7.3 Each addendum shall be sent to all Investors who have obtained the Pre-qualification Document directly from the Procuring Entities within a given time as specified in the BDS
Prospective investors are granted a reasonable timeframe to review any addendum when preparing their applications, as the Procuring Entity may extend the submission deadline according to ITI Section 16.2 Investors must submit written confirmation—by post, fax, or email—once they receive the addendum.
The Investor shall bear all costs associated with the preparation and submission of its application The Procuring Entity will in no case be responsible or liable for those costs
All application materials, correspondence, and documents related to the prequalification process between the Investor and the Procuring Entity must be written in the language specified in the Bidding Data Sheet (BDS).
The application shall comprise the following:
10.1 Application Submission Form, in accordance with ITI Section 11;
10.2 Documentary evidence establishing the Investor’s eligibility to prequalify, in accordance with ITB Section 11;
10.3 Power of Attorney using Form Appendix 02 of Chapter IV - Application Forms (if necessary);
10.4 Joint Venture Agreement (for any Investor in a Joint Venture-JV) using Form PL 03 Chapter IV - Application Forms; 10.5 Documentary evidence establishing the Investor’s qualifications, in accordance with ITI Section 12;
10.6 Any other document required as specified in the BDS.
An independent Investor is required to prepare an Application Submission Sheet using the designated form PL 01 from Chapter IV - Application Forms, and it must be signed and sealed (if applicable) by the Investor’s legal or authorized representative If authorization is involved, the Investor must also attach a Power of Attorney using form PL 02.
IV – Application Forms or the copy of the Company’s Charter, Decision on establishment of branch or other documentary evidence establishing the authority of the authorized representative)
APPLICATION FORMS
PROJECT SUMMARY REPORT
This Chapter includes project summary in order for Investors to prepare Application Document response
Application Application for Pre-qualification
Law on Bidding Law on Bidding No 43/2013/QH13
Decree No 15/2015/ND-CP Decree No 15/2015/ND-CP dated February 14 th , 2015 on investment under Public-Private Partnerships form
Decree No 30/2015/ND-CP Government’s Decree No 30/2015/ND-CP dated March
17 th , 2015 on guidelines for the Law on bidding in terms of selection of Investors
Circular No 15/2016/TT-BKHĐT dated September
29 th , 2016 about guidelines for pre-qualification documents, bidding documents for PPP projects
1.1 The Procuring Entity with name and address as defined in
BDS invites Investors to submit Application as prescribed in Chapter V - Project Summary Report
1.2 Total estimated investment/total investment for the Project is prescribed in BDS
1.3 Requirements on equity and borrowed capital are defined in
1.4 Basic information on the Project is specified in BDS
2.2 Take advantage of positions, powers aiming to interfere illegally in a bidding process
Collusive practices include agreements to withdraw bids or letters of bid to ensure mutual winning, joint preparation of prequalification documents or bids to manipulate the outcome, and intentionally refusing supplies or contracts to sabotage competitors Fraudulent practices involve intentionally falsifying information to gain financial or other benefits, providing false assessments or reports during evaluation processes, and investors deliberately submitting dishonest applications or bids to manipulate investor selection results.
Interference practices include actions such as destroying, cheating, altering, hiding evidence, or providing false reports to conceal the truth Additionally, it involves threatening, disturbing, or intimidating investors to hinder the clarification of corrupt, fraudulent, or conclusive practices with relevant authorities Such acts also encompass obstructing investors and regulatory bodies responsible for supervision, inspection, and audit processes.
Inequality and intransparency in procurement processes are addressed through various prohibitions, including making a bid or performing investor tasks for one's own invitation, evaluating prequalification and bidding documents for the same package, and assessing investor selection results for the same project Additionally, individuals within the Procuring Entity who have personal or familial relationships with investors or who participate directly in investor selection or evaluation groups are barred from involvement The law also prohibits applying methods other than National Competitive Bidding when the prescribed legal requirements are not satisfied, ensuring transparency and fairness in procurement processes.
During the investor selection process, disclosing or receiving certain documents is restricted unless specifically permitted under specific legal provisions Exceptions include cases outlined in Point e of Clause 8, Article 73; Point 1 of Clause 3, Article 75; Clause 7 of Article 76; Clause 7 of Article 78; and Point d of Clause 4 of the applicable regulations Ensuring compliance with these conditions is essential to maintain confidentiality and adhere to regulatory requirements throughout the investor evaluation procedure.
According to Clause 92 of the Law on Bidding, the scope of confidential information includes the contents of the Prequalification Document and Bidding Documents issued as prescribed, as well as application materials, bids, notebooks, and minutes from bid consideration meetings It also covers comments and evaluations related to each application and bid before the announcement of pre-qualification results and investor selection outcomes Additionally, any requests for clarification made by the Procuring Entity, along with investor responses during the evaluation process, are considered confidential Evaluation reports from the Procuring Entity, expert groups, consulting investors, and relevant agencies prior to the announcement are also included Pre-qualification and investor selection results released before the stipulated announcement time, as well as other documents during the investment selection process marked "confidential" by law, are protected under this regulation.
An Investor (independent or each member of the consortium) is eligible when satisfying the following conditions:
3.1 Have been granted an enterprise registration certificate, an establishment decision or equivalent issued by the competent authorities of the country in which the Investor is operating;
3.3 Be not undergoing dissolution process, are not thrown into bankruptcy, and do not incur bad debts as prescribed by law
3.4 Ensure the competitiveness in bidding as prescribed in the
3.5 Have registered on national bidding network
3.6 Be not banned from bidding as prescribed in law on bidding.
The Prequalification Document comprises Part 1 and Part 2, along with any applicable Addendums as specified in ITB Section 7 It is essential to review these components thoroughly to ensure compliance with the prequalification requirements The document outlines key information necessary for vendors to understand the qualification process and submit their applications successfully.
- Chapter II Bid Data Sheet (BDS)
- Chapter III Application Evaluation Process and Criteria
4.2 Invitation for Pre-qualification issued or provided by Procuring Entity is not a part of the Prequalification Document
The Procuring Entity does not guarantee the accuracy or completeness of the Prequalification Document, its clarifications, pre-bid meeting minutes (if any), or addenda unless they are obtained directly from the Procuring Entity, as specified in ITB Section 7.
4.4 The Investor must examine all instructions, BDS, forms, summary reports and other requirements in Prequalification Document to create their Applications
Prospective investors seeking clarification of the Prequalification Document must contact the Procuring Entity in writing at the address specified in ITB Section 1.1 They should submit their questions or request a prequalification meeting at least five working days before the submission deadline outlined in ITB Section 16 Additionally, questions can be asked during the pre-bid meeting, if scheduled, as detailed in ITB Section 5.2.
The Procuring Entity will provide written responses to clarification requests and distribute copies of these responses to all parties who obtained the Prequalification Document directly from it, ensuring the inquiry details are shared while maintaining source confidentiality If clarifications require changes to the Prequalification Document, the Procuring Entity will amend the document according to the procedures outlined in ITB Section 7, ensuring transparency and compliance with procurement regulations.
In exceptional circumstances, the Procuring Entity may conduct a Pre-Bid Meeting as specified in the Bidding Document (BDS) The main purpose of this meeting is to clarify any issues and address questions related to the Prequalification Document To ensure efficient communication, investors are encouraged to submit their questions in writing prior to the Pre-Bid Meeting.
Minutes of the Pre-Bid Meeting should include the questions raised and the responses provided by the Procuring Entity, without identifying the source of the questions Clarifications regarding the Prequalification Document must be communicated to all investors who have purchased the document It is important to note that the Pre-Bid Meeting minutes are not the same as the Prequalification Document addendum Missing the Pre-Bid Meeting does not disqualify an investor from participating If the Procuring Entity decides to amend the Prequalification Document based on discussions during the Pre-Bid Meeting, such amendments will be made following the procedures outlined in ITB Section 7.
The Procuring Entity grants the Investor and its partners permission to access the project site, provided they accept responsibility for any accidents, property damage, or other losses incurred during the visit The Investor and its partners must indemnify and release the Procuring Entity from all liability related to site access In exceptional cases, the Procuring Entity will provide specific guidelines for the site visit as outlined in the BDS, ensuring a safe and compliant inspection process.
6.2 The Investor should notify the Procuring Entity of the request for site visit before such visit is undertaken
7.1 At any time prior to the deadline for submission of applications, the Procuring Entity may amend the Pre- qualification Document by issuing addenda Any addendum
Document issued, including the decision on amendment and amending contents shall be part of the Prequalification Document
7.2 The addendum shall be communicated in writing to all who have obtained the prequalification document from the Procuring Entity (by hand, by post, fax, or email)
7.3 Each addendum shall be sent to all Investors who have obtained the Pre-qualification Document directly from the Procuring Entities within a given time as specified in the BDS
The Procuring Entity may extend the application submission deadline under ITI Section 16.2 to allow prospective investors sufficient time to review any addendums Investors are required to notify the Procuring Entity in writing—by post, fax, or email—upon receipt of the addendum This process ensures applicants stay informed and adhere to updated deadlines, enhancing transparency and compliance in the procurement process.
The Investor shall bear all costs associated with the preparation and submission of its application The Procuring Entity will in no case be responsible or liable for those costs
All applications, correspondence, and documents related to the prequalification process exchanged between the Investor and the Procuring Entity must be drafted in the language specified in the Bidding Data Sheet (BDS).
The application shall comprise the following:
10.1 Application Submission Form, in accordance with ITI Section 11;
10.2 Documentary evidence establishing the Investor’s eligibility to prequalify, in accordance with ITB Section 11;
10.3 Power of Attorney using Form Appendix 02 of Chapter IV - Application Forms (if necessary);
10.4 Joint Venture Agreement (for any Investor in a Joint Venture-JV) using Form PL 03 Chapter IV - Application Forms; 10.5 Documentary evidence establishing the Investor’s qualifications, in accordance with ITI Section 12;
10.6 Any other document required as specified in the BDS.
An independent investor must prepare an Application Submission Sheet using the prescribed form PL 01 from Chapter IV- Application Forms This form should be signed and sealed by the Investor’s legal or authorized representative If authorization is involved, the Investor must also attach a Power of Attorney using the designated form PL 02.
IV – Application Forms or the copy of the Company’s Charter, Decision on establishment of branch or other documentary evidence establishing the authority of the authorized representative)