Replacement of contact person

Any proposal submitted by the Bidder to JGCS after the bid closing date shall not be effective and shall be returned unopened unless an extension of the bid closingdate is accepted by JG

INSTRUCTIONS TO BIDDERS

JGCS CONSORTIUM

7 DEVIATION FROM INQUIRY DOCUMENTS

8 FAMILIARIZATION WITH WORKING CONDITIONS

15 COSTS OF PREPARATION OF THE BIDDER'S PROPOSAL

16 CONFIDENTIAL DATA AND INFORMATION

17 TAXES AND DUTIES

18 DISQUALIFICATION FROM BID EVALUATION

19 JOINT VENTURE OR ASSOCIATION OR SUBSIDIARY

20 SPECIAL INSTRUCTIONS TO BIDDERS

ATTACHMENT-1 : ACKNOWLEGEMENT OF RECEIPT AND ACCEPTANCE

ATTACHMENT-2 : MANPOWER SCHEDULES

(1/3) STAFF/SUPERVISOR

(2/3) DIRECT LABOR

(3/3) INDIRECT LABOR

ATTACHMENT-3 : CONSTRUCTION EQUIPMENT SCHEDULE

ATTACHMENT-4 : ESTIMATED UTILITIES CONSUMPTION

ATTACHMENT-5 : FORM OF SAFETY RECORD

ATTACHMENT-6 : QA/QC REQUIREMENTS

The Inquiry Documents consist of:

(9) ANNEX 3 Contract Price, Bill of Quantities and Unit Rates

(10) ANNEX 4 Time Schedule of Work

(11) ANNEX 5 Drawings

(12) Any addenda issued by JGCS before Bid Closing Date

The Bidder is requested to confirm that all applicable documents stated herein are in hispossession, and if any of them prove to be missing, to inform JGCS promptly in order toobtain the same

JGCS may issue addenda to the Inquiry Documents The Bidder shall acknowledgereceipt of addenda in accordance with the procedure for acknowledgment of the InquiryDocuments as described in Clause 2 hereof

2 INQUIRY ACKNOWLEDGEMENT

(1) Within five (5) working days from the Bidder's receipt of the Inquiry Documents,

the Bidder is requested to send a message acknowledging receipt and acceptance

of the same to the addressee given in Clause 4 in the form of Attachment – 1 The inquiry number and subject must appear on all correspondence and

documents without fail

(2) In case the Bidder is unwilling to submit a proposal, he is required to send a

message to the addressee given in Clause 4 within five (5) working days after

receipt of the Inquiry Documents, expressing such unwillingness, and promptlyreturn all documents received from JGCS.

3 SUBMISSION OF PROPOSAL

(1) Number of copies and addressee

One original and one (1) copy of the Bidder's proposal duly signed by the Bidder's

executive representative with an electronic data shall be submitted to theaddressee given in Clause 4 below

(2) Bid closing date

The Bidder is requested to submit a proposal on the bid closing date specified in

the Invitation to Bid

Any proposal submitted by the Bidder to JGCS after the bid closing date shall not

be effective and shall be returned unopened unless an extension of the bid closingdate is accepted by JGCS

(3) Language

The proposal and all related documents, including such items as reports, studies,

correspondence, and drawings, shall be in the English language

(4) Return of Inquiry Documents

The unsuccessful Bidder shall immediately, upon receipt of JGCS's notice to that

effect, return to JGCS all Inquiry Documents

4 COMMUNICATION

All communications shall be addressed as follows:

JGC Corporation, World Operations Center Yokohama

NSRP Project Team

Attention : MR T Hayashi, Deputy Project Director, JGCS Consortium

cc : MR K Inoue Subcontract Manager, JGCS Consortium

Address : JGC Corporation, World Operation Center, 13th Floor (North Side),

Queen’s Square Tower A,

3-1 Minato Mirai, 2-Chome, Nishi-ku, Yokohama 220-6001, JAPAN

account technical capability, working experience in the related field, time schedule ofthe Works, reliability of execution plan, etc It is therefore of essential importance thatall the information requested in Para 14 "Contents of Proposal" hereinbelow becontained in the Bidder's proposal.

After the evaluation, JGCS will communicate to each Bidder the conclusion thereof byinforming only success or failure of the bid JGCS reserves the right to reject any or all

of the bid proposals without providing any reasons, and JGCS shall in no way be obliged

to disclose the details about the evaluation to any Bidder

7 DEVIATION FROM INQUIRY DOCUMENTS

(1) In the event that the Bidder wishes to submit an alternative proposal, the Bidder

shall firstly prepare his basic proposal strictly in accordance with the requirementsand conditions hereof

In addition to the basic proposal, the Bidder may prepare an alternative proposal

clearly indicating (1) technical reasons (2) effects on price and (3) effects on thetime schedule of the Works of the basic proposal

JGCS reserves the right to accept either the basic proposal or the alternative

proposal but in the event that the basic proposal is accepted, the requirementsand conditions of the Inquiry Documents shall be deemed to have been accepted

by the Bidder

In the event of submission of an alternative proposal by the Bidder, the

requirements and conditions of the Inquiry Documents to which no amendmentsand alternatives/deviations have been proposed by the Bidder at the time of thesubmission of the alternative proposal, shall be deemed to have been acceptedfully by the Bidder

(2) Any deviation and/or alterations from the inquiry conditions (commercial and

technical) must be clearly and specifically stated in one section (to be titled

"Deviations") of the proposal JGCS has no obligation to search for any deviations

in other parts than the said "Deviation" section In the event that the Bidder isawarded the Contract, it will be on the basis only of those deviations andalterations included in such separate "Deviations" section and accepted by JGCS

8 FAMILIARIZATION WITH WORKING CONDITIONS

It is the Bidder's responsibility to familiarize himself with the Works to be performed inaccordance with the Inquiry Documents, including but not limited to working conditions,location of the Works, and all other requirements, such as local conditions, applicablelaws and regulations, labor condition, environmental aspects, etc., in order to submit a

firm and comprehensive proposal The Bidder shall also check and verify the localinformation contained in the Inquiry Documents and is expected to have fully satisfiedhimself thereon before submitting his proposal.

The Bidder shall make his own arrangements and inquiries with regard to the loading,unloading and transport of all construction equipment and material required for theWorks The Bidder shall make all necessary investigations as to the heaviest loads thatcan be handled at ports or transported to the work site by road, railway or river, inparticular with regard to the weight-bearing capacity of all bridges and culverts, and theBidder shall comply with all relevant regulations of the governmental departments inconnection therewith

10 SITE VISIT

The Bidder is required to conduct a site survey in order to familiarize himself with thesite conditions The Bidder who wishes to do so may inform JGCS by email/fascimile ofthe names and titles of the visitors and visit the site No authorized permission isrequired

11 PRE-TENDER MEETING

NOT REQUIRED

12 PROPOSED PRICE

(1) Fixed unit rates

The Bidder shall propose fixed unit rates on a remeasured contract basis by filling

in the blanks of all tables contained in ANNEX 3 An amount to absorb fluctuations

in the costs of labor, construction equipment, materials and consumables shall beestimated at the Bidder's responsibility and be included in the proposed fixed unitrates without reference to the application of any price escalation clause orformula

(2) Currencies

The Bidder shall quote all prices in US Dollars specified in ANNEX 3

13 PROPOSAL AND ARTICLES OF AGREEMENT

The Bidder's proposed unit rates shall be fixed and non-revisable as specified in

Clause 12 (1) above Of all the other contents of the Bidder's submitted proposal, onlythose parts which will be agreed by JGCS in writing shall be considered as forming a part

of any subsequent agreements

14 CONTENTS OF PROPOSAL

The contents of the Bidder's proposal should be explicit so that JGCS can fully analyzethe essence of the technical and commercial aspects The Bidder's proposal shallinclude, without limitation, the data and information set out below Failure to enclosethe requested information/documents will result in disqualification

(1) Prices in accordance with ANNEX 3

The Bidder shall fill in the blanks of all tables contained in ANNEX 3

(2) Organization chart

The Bidder shall submit an organization chart for construction activities Where

the said activities are carried out at two locations or more, the Bidder shallprepare and submit separate and integrated organization charts covering therespective locations The organization chart shall be accompanied by:

- A short description of responsibilities and scope of authority of various

personnel functions shown

- Curriculum vitae for key personnel (name, qualification, experience,

background, age, length of service in your company, etc.) All key personnelshall be the Bidder's own employee and any appointment to key personnel oftemporarily hired personnel or the Bidder's subcontractor personnel shall not beallowed

- Total number of company's permanent staff and contract staff stating job

The scheduled length of assignment to site supervision for each member shown

in the Bidder’s proposed organization chart shall be shown in bar chart form.(Attachment-2, 1/3)

- Foreman/Labor (Direct & Indirect)

The numbers of personnel, up to and including foreman level, which will be

employed monthly (including subcontractors, if any) shall be shown in graphicalform Direct and indirect labor (as defined in ANNEX 3) are to be shownseparately (Attachment-2, 2/3 and 3/3)

The Bidder shall plan his work on the basis that all activities shall be performed

during ten (10) hours per working day, and a work week of no more than six (6)days, Sunday being a non-working day, with no work on public holidays TheBidder shall specify in his proposal under this sub-item the nationality of thelaborers which the Bidder intends to use for the Works.

(4) Construction equipment

The Bidder shall submit a list of construction equipment which the Bidder will

employ for the performance of the Works stating the source of supply (e.g rental

or Bidder's own property) capacity, and a mobilization and demobilizationschedule for each unit of such equipment (Attachment-3)

(5) Schedule of estimated utilities consumption

The Bidder shall submit a list of estimated quantities of utilities for the Bidder's

use as required by ANNEX 1 (such as electricity, potable water, industrial water,etc.), which will be consumed each month by both the work site and the fieldoffice (Attachment-4)

(6) Subcontractors

JGCS desires to keep subcontracting to a minimum The Bidder must state clearly

which parts of the Works would be subcontracted, and which parts woulddefinitely be done by the Bidder's own employees In the event that the Bidderintends to employ subcontractors for parts of the Works, the Bidder shall submit alist stating the names of such subcontractors (including local subcontractors, ifany)

(7) Time schedule

The Bidder shall submit a detailed schedule in the form of a bar chart for the

entire Works in accordance with the requirements of ANNEX 4, indicating clearlyall the detailed work items described in ANNEX 1 to the Inquiry Documents

(8) Temporary facilities plan and area requirement

The Bidder shall submit a layout plan including required area, descriptions and

capacities of all temporary facilities to be constructed by the Bidder at the worksite

(9) Proposed construction method

The Bidder shall state in detail the construction method or mode of work

execution the Bidder proposes to employ to efficiently fulfill his scope of work andsupply, together with comments on the advantages of such proposals

(10) Experience on similar job

The Bidder shall submit a list of similar jobs executed by the Bidder for the past

five years, indicating project name, location, client, value and period of work, alsostating clearly whether the job was carried out as the contractor or asubcontractor

(11) Information on quality assurance and quality control (QA/QC)

The Bidder shall submit QA/QC relevant information including but not limited to a

copy of the certificate, if the Bidder has acquired, on International Standard ISO

9000 or equivalent as part of the proposal as required in ATTACHMENT-6

(12) Information on Health, Safety, Security and Environment (HSSE)

The Bidder shall submit HSSE relevant information including his corporate HSSE

policy and the safety records by filling out the form of safety records Attachment-5covering the past five years and safety plan to be used for the work

(13) Information on the Bidder's volume of work in progress and current commitments The Bidder shall submit an analysis of the Bidder's projected workload for all

construction works in progress and in future These construction works shall beindividually identified by project, location and client Additionally, the Bidder shallprovide information on manpower available for this Project and other constructionprojects respectively

(14) Financial information

The Bidder shall submit annual reports and/or financial status reports of the

Bidder covering the past five years

(15) All information called for in the Special Instruction to Bidders as attached, if any

15 COSTS OF PREPARATION OF THE BIDDER'S PROPOSAL

The Bidder shall bear all necessary costs and expenses required for or in connectionwith the preparation of the proposal and subsequent actions to be taken by the Bidder

up to the conclusion of the contract including, site visits, clarifications of the proposaland negotiations of the Contract

16 CONFIDENTIAL DATA AND INFORMATION

The Bidder shall keep the data and information contained in the Inquiry Documentssupplied by JGCS strictly confidential as per secrecy declaration submitted earlier withthe letter of Intention to Bid Violation of this can result in disqualification of the bidder

to bid

17 TAXES AND DUTIES

The Bidder and any subcontractors will be required to fully comply with the local taxlaws and regulations To that end the Bidder is required to acquaint himself with therelevant laws and regulations relating to the importation of materials and corporate andpersonal income taxes, etc

18 DISQUALIFICATION FROM BID EVALUATION

The Bidder should note that the proposal may in JGCS judgment be disqualified from bid

evaluation in the event that there are any deviations from the requirements of theseInquiry Documents including, but not be limited to, the following:

(a) Where a quotation by telex, cable or facsimile has been submitted but the formal

proposal confirming the absence of or the extent and nature of any deviations hasnot been submitted by the Bid Closing Date;

(b) Where an original or basic proposal has been submitted after the Bid Closing Date; (c) Where an alternative proposal has been submitted after the Bid Closing Date; (d) Where the Bidder submits an alternative proposal but does not submit a basic

proposal in conformance with these Inquiry Documents; or

(e) Where the Bidder submits a proposal containing significant deviations from any of

the conditions stipulated in the Form of Agreement or the General Terms andConditions

Each Bidder is strictly prohibited from discussing with any other Bidder any aspect of theInquiry Documents or their proposals or otherwise exchanging information or colluding inrespect of the Project JGCS may reject the proposal of any Bidder who does not complywith this requirement

19 JOINT VENTURE OR ASSOCIATION OR SUBSIDIARY

If the Bidder's proposal is based upon a joint venture or other association, a statementspecifying:

- Joint and several responsibilities vis-a-vis JGCS between the participants,

- Split of work and responsibilities between the participants,

- Representation of the joint venture or association, must be included in the proposal

In the event that Bidder is a subsidiary of another corporation, or is more than 50%owned by another corporation, it is a condition precedent to the acceptance of anyProposal of the Bidder that the Bidder’s ultimate parent company commits to provide the

“parent company guarantee” in the form of EXHIBIT H of the Form of Agreementpursuant to ARTICLE 9.3 of the Form of Agreement

20 SPECIAL INSTRUCTIONS TO BIDDERS

These "Instructions to Bidders" should be read in conjunction with any specialinstructions which may be contained in the attached sheet(s) or issued by anyaddendum to cover the special requirements of this bid

ATTACHMENT- 1CHANGE OF CONTACT EMAIL ADDRESS

PROJECT NAME : : NSRP Complex

From : VINACONEX E&C

To : JGC Corporation, World Operations Center Yokohama

NSRP Project TeamAttention : MR T Hayashi, Deputy Project Director, JGCS Consortium

Cc : MR K Inoue Subcontract Manager, JGCS Consortium

Address : JGC Corporation, World Operation Center, 13 Floor (North Side),th

Queen’s Square Tower A,3-1 Minato Mirai, 2-Chome, Nishi-ku, Yokohama 220-6001, JAPANPhone : +81-45-682-8791

- Former contact person: Mr Nguyen Duy Quang E-mail:

Title : : VICEDIRECTOR