CP 1b vol 1 EN

Tender Documents for Ho Chi Minh City Urban Railway Construction Project Ben Thanh - Suoi Tien Section Line 1 CONTRACT PACKAGE-1B: CIVIL UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360

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Tender Documents

for

Ho Chi Minh City Urban Railway Construction Project

Ben Thanh - Suoi Tien Section (Line 1)

CONTRACT PACKAGE-1B:

CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360)

Volume 1

• Notice of Invitation to Tender

• Instructions to Tenderers and Annexures

• Letter of Tender and Appendices

October 2012

Management Authority for Urban Railways

Ho Chi Minh City People’s Committee

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October 2012

for

Employer's Requirements - Appendices

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for

CONTRAC PACKAGE-1B:

NOTICE OF INVITATION TO TENDER

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Ho Chi Minh City Urban Railway Construction Project Notice of Invitation to Tender Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

HO CHI MINH CITY PEOPLE’S COMMITTEE MANAGEMENT AUTHORITY FOR URBAN RAILWAYS

Add: 29 Le Quy Don Street, Ward 7, District 3

Ho Chi Minh City, Viet Nam Tel: (84-8) 839 309 496; Fax: (84-8) 839 309 497

-

BEN THANH - SUOI TIEN SECTION (LINE 1)

CONTRACT PACKAGE-1B:

NOTICE OF INVITATION TO TENDER

Date: September 20 th , 2012

Loan No VNXIV-3 And Loan No VN11-P7 CONTRACT PACKAGE-1B

1 The Government of the Socialist Republic of Viet Nam has received an ODA Loan from the JAPAN BANK FOR INTERNATIONAL COOPERATION (the BANK), currently reorganized as the JAPAN INTERNATIONAL COOPERATION AGENCY (JICA), towards the cost of the Ho Chi Minh City Urban Railway Construction Project, Ben Thanh – Suoi Tien Section (Line 1) (the Project), under the Loan Agreement No VNXIV-3 dated March 30, 2007 and the 2nd Loan Agreement No VN11-P7 dated March 30, 2012, and intends to apply the proceeds of the loan to payments under the Contract for which this Notice of Invitation to Tender is issued Disbursement of the ODA Loan by JICA will be subject in all respects to the terms and conditions

of the Loan Agreement, including the disbursement procedures and the “Guidelines for Procurement under JICA ODA Loans” No party other than the Government of the Socialist Republic of Viet Nam shall derive any rights from the Loan Agreement or have any right to the loan proceeds

2 JICA requires that bidders and contractors, as well as Borrowers, under contracts funded with ODA Loans of JICA and other Japanese ODA, observe the highest standard of ethics during the procurement and execution of such contracts In pursuance of this policy, JICA;

(a) will reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;

(b) will recognize a Contractor as ineligible, for a period determined by JICA, to be awarded a contract funded with ODA Loans of JICA if it at any times determines that the Contractor has engaged in corrupt or fraudulent practices in competing for, or in executing, another contract

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funded with ODA Loans of JICA or other Japanese ODA

3 The Management Authority for Urban Railways (MAUR, the Employer) under the Ho Chi Minh City’s People Committee invites sealed tenders from the previously prequalified tenderers whose names have been published on the Procurement Newspaper issue No 97 on May 17, 2011, and any other eligible tenderers for the construction and completion of the following works for Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360):

All civil and structural works for the underground section under a “Design and Build” contract including 2 stations (Opera House and Ba Son Stations) and 1.745 km of bored and cut & cover tunnels, station architectural works and building services works

It is to be noted that the above section had initially been planned to be a part of Contract Package 1 covering 3 stations including the Ben Thanh Station, but as latterly it was decided to construct this station as a central station to accommodate also other lines at a later stage, the scope of Contract Package 1b was reduced to cover only the work components mentioned above for earlier implementation

To be eligible, the tenderer shall be a national of Japan if tendering as a prime contractor or, in the case of a joint venture or consortium, the lead partner shall be a national of Japan and the other partners shall be nationals of Japan or of the Socialist Republic of Viet Nam

4 Complete sets of Tender Documents for Contract Package-1b will be made available to interested eligible tenderers if they submit a written application to the following address:

Mr Tatsuya Masuzawa, Project Director (Management)

Office of General Consultant

35/11 D5 Street

Ward 25, Binh Thanh District

Ho Chi Minh City, Vietnam

Finance and Accounting Department of MAUR

29 Le Quy Don Street, Ward 7, District 3

Ho Chi Minh City

Attn: Mr Thinh or Mr Thanh

Tel.: (84.8) 3930 9496

Fax: (84.8) 3930 9497

6 Tenders shall be submitted to the Project Director (Management), General Consultant at the address indicated in paragraph 4 above not later than 14:00 hr on March 1st, 2013 against a receipt of submission

Tenders will be opened publicly at 14:05hr on March 1st, 2013 in the office of the General

Consultant, regardless of the presence or absence of any invited tenderer

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Ho Chi Minh City Urban Railway Construction Project Notice of Invitation to Tender Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

as a form of Tender Guarantee is also acceptable

8 The tender evaluation will include a postqualification process in which the Tender which is ranked first lowest evaluated tender will be subject to a postqualification to confirm the Tenderer’s compliance with the minimum qualification requirements specified in the Tender Documents Only the Tenderer who passes the postqualification will be recommended as the successful Tenderer

Postqualification of the previously prequalified Tenderers will be based only on their updated information required in Sub-Clause A3.8 of Instructions to Tenderers Postqualification of the new Tenderers will be based on all the Qualification Forms submitted by them as required in Sub-Clause C2.1 of Instructions to Tenderers

9 You are kindly requested to acknowledge receipt of this Notice of Invitation to Tender by e-mail

or fax to the address indicated in paragraph 4 above

On behalf of Management Authority for Urban Railways,

Tender Solicitor

Tatsuya Masuzawa

Project Director (Management)

NJPT Association, General Consultant

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CONTACT PACKAGE-1B:

INSTRUCTIONS TO TENDERERS

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Ho Chi Minh City Urban Railway Construction Project Instructions to Tenderers Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

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C12 Works Area Access Dates and Key Dates 16

E5 Examination of Tenders and Correction of Errors and Differences 25

F3 Notification of Contract Award and Signing of Contract Agreement 27F4 Employer's Right to Accept any Tender and to Reject any or all Tenders 28

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ANNEXURES

Annexure 1 Requirements for Tenderer’s Technical Proposals Ann1/1

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A1 General Description of the Work

The work comprises the design, construction, equipping, testing, commissioning (including Integrated Testing and Commissioning) for the Underground section from the south-west interfacing point between the future Ben Thanh Station and Opera House Station (inclusive)

at Chainage Km 0+615 to the north-east of Ba Son Station (inclusive) at Chainage Km 2+360 near the south bank of Thi Nghe Canal This is the interfacing point for the southern end of the Elevated section under Contract Package 2

The period for completion of the whole work shall not exceed 54 months (equivalent to 235 weeks), then shall be followed by the two (2)-year Maintenance Period

The Scope of Work for this Contract is further described in the Employer’s Requirements

A2 Source of Funds

A2.1 The Government of the Socialist Republic of Viet Nam has received an ODA Loan from the

JAPAN BANK FOR INTERNATIONAL COOPERATION (the BANK), currently reorganized as the JAPAN INTERNATIONAL COOPERATION AGENCY (JICA), towards the cost of the Ho Chi Minh City Urban Railway Construction Project, Ben Thanh - Suoi Tien Section (Line 1) (the Project”), under the Loan Agreement No VNXIV-3 dated March 30, 2007, and the 2ndLoan Agreement No.VN11-P7 dated March 30, 2012, and intends to apply the proceeds of the loan to payments under this Contract Disbursement of the ODA Loan by JICA will be subject in all respects to the terms and conditions of the Loan Agreement, including the disbursement procedures and the "Guidelines for Procurement under JICA ODA Loans” No party other than the Government of the Socialist Republic of Viet Nam shall derive any rights from the Loan Agreement or have any right to the loan proceeds

A2.2 JICA requires that bidders and contractors, as well as Borrowers, under contracts funded with

ODA Loans of JICA and other Japanese ODA, observe the highest standard of ethics during the procurement and execution of such contracts In pursuance of this policy, JICA;

(a) will reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; (b) will recognize a Contractor as ineligible, for a period determined by JICA, to be awarded

a contract funded with ODA Loans of JICA if it at any times determines that the Contractor has engaged in corrupt or fraudulent practices in competing for, or in executing, another contract funded with ODA Loans of JICA or other Japanese ODA A2.3 “Special Terms for Economic Partnership” (STEP) and other special conditions are applicable

to the Loan

A.3 Qualification of the Tenderer

The Qualification Criteria and Requirements for contract award as stated in Sub-Clauses A3.1

to A3.7 below are applicable to the new Tenderers

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With regard to the previously prequalified Tenderers, since they were evaluated as satisfying all the Qualification Criteria and Requirements at the prequalification stage, they shall only submit the updated information and supporting documents as required in Sub-Clause A3.8 to demonstrate that they are actually still meeting such criteria and requirements

A3.1 Eligibility of Tenderers

In accordance with the STEP procurement conditions applied for this Contract, tender is open only to firms and voluntarily formed joint ventures or consortia who satisfy the following conditions:

(a) The Tenderer as a prime contractor shall be a national of Japan

(b) In the case the Tenderer is a joint venture or consortium, the lead partner shall be a national of Japan and the other partners shall be nationals of Japan or of the Socialist Republic of Viet Nam

(c) For goods and services,

(i) the prime contractor or, in case of a joint venture, the lead partner and other partners regarded as the Japanese partners shall be nationals of Japan or juridical persons incorporated and registered in Japan, and which have their appropriate facilities for producing or providing the goods and services in Japan and actually conduct their business there; and

(ii) in case of a joint venture or consortium, the partners except Japanese partners shall

be nationals of the Socialist Republic of Viet Nam or juridical persons incorporated and registered in Japan or the Socialist Republic of Viet Nam, and who have their appropriate facilities for producing or providing the goods and services in Japan or the Socialist Republic of Viet Nam and actually conduct their business there

A3.2 Eligibility of Source Countries for Materials, Plant, Supplies, Equipment, and Services

Under the STEP Loan provisions for the Project, not less than twenty one per cent (21%) of the total cost of goods and services shall be procured from Japanese firms and manufacturers located in Japan or the firms and manufactures invested by Japanese firms as specified in Clause 7.1 of the Particular Conditions of Contract

At the Employer’s request, tenderers may be required to provide evidence of the origin of equipment, goods and services

Tenderers shall confirm their compliance with the eligibility of equipment, goods and services

to be employed for the Works, using the Appendix 10 in the Letter of Tender

A3.3 Historical Contract Non-Performance

(a) The Tenderer shall provide all information on settled disputes or litigation in the last five (5) years, and shall not be in the case of Non-Performance of a contract within the last two (2) years; and

(b) The Tenderer’s all pending litigation shall not in total represent more than 80% of his net worth

A3.4 Financial Situation

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(a) The Tenderer shall submit Audited Financial Statements for the last five (5) years 2011) to demonstrate the current soundness of the Tenderer’s financial position and his prospective long term profitability However, Vietnamese tenderers may submit the financial statements either audited or certified by tax authorities or competent financial authorities for any five (5) years during the period from 2004 to 2011 Where necessary, the Employer will make inquiries with the Tenderer’s bankers

(2007-As the minimum requirement, the Tenderer’s net worth calculated as the difference between total assets and total liabilities shall be positive

(b) The Tenderer’s minimum average annual construction turnover shall be US$80 million equivalent, calculated as total certified payments received for contracts in progress or completed within the last five (5) years (2007 – 2011)

A3.5 Experience: The Tenderer shall meet the following criteria:

(a) General Construction Experience: The Tenderer shall have experience under construction contracts in the role of contractor, management contractor, or subcontractor, for at least the last five (5) years with activity in at least nine (9) months in each year; (b) Specific Experience: The Tenderer shall have experience exclusively in the role of prime contractor, in at least the following number of projects within the last ten (10) years, that have been successfully and substantially completed and that are similar to the proposed Works (the similarity shall be based on the physical size, complexity, methods/technology or other characteristics as described in ITT Sub-Clause A1):

1) At least three (3) projects for tunneling works

Each project shall include the construction of bored tunnels by shield TBM in soft

ground with a total tunnel length of more than 2 km

i) At least one project shall include railway tunneling works outside Japan, in Asia 2) At least three (3) projects for underground works

Each project shall include the construction of underground railway stations by the cut and cover method

i) At least one (1) project shall be completed outside Japan, in Asia

3) At least one (1) railway project under “EPC/Design and Build” contract

A3.6 Personnel Capability: The Tenderer must have suitably qualified personnel to fill the

following positions In Form 5 of Annexure 12, the Tenderer shall supply information on a prime candidate and an alternative candidate for each position; both the nominated people shall meet the experience requirements specified below:

Position Total Experience

(years)

In Similar Works (years)

As Manager of Similar Works (years)

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A3.7 Joint Ventures or Consortia

(a) Joint ventures or consortia shall comply with the following minimum qualification requirements:

i) The lead partner shall meet:

- not less than 40 percent (40%) of all the qualifying criteria given in Sub-clauses A3.4(b) above; and

- the whole criteria 1) -i) and 3) of Sub-clause A3.5(b) as a prime contractor

ii) Each of the other partners shall meet individually not less than twenty five percent (25%)

of all the qualifying criteria given in sub-clauses A3.4(b) above

iii) The joint venture shall satisfy collectively the criteria of sub-clauses A3.4, A3.5(b) and A3.6, for which purpose the relevant figures for each of the partners shall be added together to arrive at the joint venture's total capacity Each partner shall individually satisfy all the requirements of sub-clauses A3.3 and A3.4(a) above

(b) Tenderers shall submit a written power of attorney authorising the signatories of the Tender

to commit each partner of the joint venture or consortium

(c) Any tender shall be signed so as to legally bind all partners, jointly and severally, and any tender shall be submitted with a copy of the joint venture agreement, as provided in Annexure 6 providing the joint and several liabilities with respect to the contract

A3.8 The previously prequalified Tenderers shall update any information submitted with their

application for prequalification which has changed, and update the minimum information indicated below for the last five (5) years, establishing that they are still meeting the minimum threshold criteria mentioned in Sub-Clauses A3.1 to A3.6 above:

(a) Historical contract non-performance (Form CON-2 in Annexure 12)

(b) Financial situation (Form FIN-3.1 in Annexure 12)

(c) Average annual construction; turnover (Form FIN-3.2 in Annexure 12)

(d) Current contract commitments/Works in progress (Form EXP – 4.2.(d) in Annexure 12) A3.9 The previously prequalified tenderers as single tenderers, as well as new interested tenderers

are allowed to tender as a joint venture or consortium composed of two or more partners, provided that all partners are eligible in accordance with the STEP Loan conditions stipulated

in Sub-Clause A3.1

A3.10 The Tenderer shall submit with his Tender full details of his ownership and control or, if the

Tenderer is a joint venture or consortium, full details of ownership and control of each partner thereof

A3.11 Canvassing or offer of an advantage or any other inducement by any person with a view to

influencing acceptance of a Tender is an offence under the laws of Viet Nam Such action will result in the rejection of the Tender, in addition to other punitive measures

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ii) Any associates/affiliates (inclusive of the parent firm) of a firm or an organization mentioned in subparagraph (i) above; or

iii) A firm or an organization that lends, or temporarily seconds its personnel to firms or organizations which are engaged in consulting services for preparation related to procurement for or implementation of the project, if the personnel would be involved in any capacity of the same project

A5 One Tender per Tenderer

Each Tenderer shall submit only one tender either by himself, or as a partner in a joint venture, or as a member of a consortium If a Tenderer submits, or if any one of the partners

in a joint venture or any one of the members of consortium participates, in more than one Tender, he will be disqualified

No firm can be a subcontractor while submitting a tender individually or as a partner of joint venture in the same tendering process A firm, if acting in the capacity of subcontractor in any tender, may participate in more than one tender, but only in that capacity

A7.1 The Tenderer is advised to visit and examine the Site of Works and its surroundings and

obtain for himself on his own responsibility all information that may be necessary for preparing the Tender and entering into a contract for the proposed work The costs of visiting the Site shall be borne by the Tenderer It shall be deemed that the Tenderer has undertaken a visit

to the Site and is aware of the site conditions prior to the submission of the tender documents A7.2 The Tenderer and any of his personnel will be granted permission by the Employer to enter

upon his premises and lands for the purpose of such inspection, but only upon the express condition that the Tenderer, and his personnel, will release and indemnify the Employer and his personnel from and against all liability in respect thereof and will be responsible for death

or personal injury, loss of or damage to property and any other loss, damage, costs and expenses incurred as a result of the inspection

A7.3 The Employer may arrange a Site visit concurrently with the Pre-Tender meeting referred to in

paragraph C27

A7.4 The Tenderer shall note that in preparing his tender he shall allow for the requirements of

Decree No 209/2004/ND-CP of December 16, 2004 on Quality Management of Construction

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B1 Contents of Tender Documents

B1.1 The Tender Invitation Documents, as listed below, have been prepared for the purpose of

inviting tenders for design, procurement and construction of all Permanent and Temporary Works in connection with Contract Package-1b of Ben Thanh – Suoi Tien Section (Line 1) of the Ho Chi Minh City Urban Railway, and as more particularly described in these documents: (a) Notice of Invitation to Tender;

(b) Instructions to Tenderers and Annexures;

(c) Letter of Tender, Attachments and Appendices;

(d) General Conditions of Contract;

(e) Particular Conditions of Contract;

(f) Schedules to the Conditions of Contract;

(g) Employer's Requirements and Appendices;

(h) Outline Design Specifications and Appendices;

(i) Outline Construction Specifications;

(j) Employer’s Drawings; and

(k) One CD (Read Only) copy of the documents listed in Clause B2.1 below

B1.2 The Tenderer is required to examine carefully the contents of all the above documents

Failure to comply with the requirements for tender submittal will be at the Tenderer’s own risk Tenders that are not substantially responsive to the requirements of the Tender Documents will be rejected

B1.3 The Tenderer shall not make or cause to be made any alteration, erasure or obliteration to the

text of the Tender Documents The forms of Cost Centres provided in the Pricing Documents are outline forms and they can be modified by the Tenderer

B2 Contents of Supporting Documents

B2.1 The following documents giving investigation information are available for inspection by

appointment at the General Consultant’s Office Tenderers shall sign an attendance register

at the time of each inspection A “read only” soft copy (CD) is included in the Tender Documents Inspection of bore logs, earth or rock samples etc may only be made by prior

appointment through Mr Taro Takasaki, NJPT’s Project Office Tel 84.8-3510-6428 Samples

may not be removed from their location

The contents of these surveys are for general information only and any interpretation of the site investigation results shall be construed as opinions only and not as representations or warranties as to the actual site or sub-soil conditions The Tenderer’s attention is specifically drawn to paragraph B2.3 below

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The following documents are available for inspection

(i) Utility Investigation Survey;

(ii) Transportation Survey;

(iii) Hydrological Survey;

(iv) Social and Environmental Survey;

(v) Building Surveys;

(vi) Line 1 Geotechnical Survey, and (vii) Topographic Survey

B2.2 The Tenderer shall note the existence of overground, at grade and underground structures,

utilities and infrastructure in the near vicinity of the Works to be constructed

B2.3 The accuracy or reliability of the documents and surveys referred to in this Clause B2 and of

any other information supplied, prepared or commissioned at any time by the Employer or others in connection with the Contract Package for Line 1 is not warranted The Tenderer's attention is drawn to Conditions of Contract - Sub-clause 4.10 in this regard The Tenderer should visit, examine and assess the Site including working conditions and will be deemed to have satisfied himself of the risks and obligations under the Contract

If the Tenderers consider necessary to carry out additional soil investigations during the Tender Period, the Tenderers may do so at his own cost with an undertaking to make good affected areas to match existing conditions Any relevant permits required for the additional soil investigation shall be obtained by the Tenderers with support from the Employer

B2.4 Upon the approval of the Employer the Right-of-Way shall be available to the Contractor to

use as a working site, but shall be provided with secure boundary fences and operated as part of the Traffic Management Plan established by the Contractor under the Contract and as agreed by the relevant authorities, all as described in the Employer’s Requirements

B3 Clarification of Tender Documents

B3.1 The Tenderer shall check the pages of all documents against page numbers given in indexes

and summaries and, in the event of discovery of any discrepancy, the Tenderer shall inform the General Consultant forthwith by the letter in two languages (English and Vietnamese) with copy to the Project Management Unit No.1/MAUR

B3.2 Should the Tenderer for any reason whatsoever, be in doubt about the meaning of anything

contained in the Invitation to Tender, Tender Documents or the extent of detail in the Employer's Requirements, Outline Design Specifications, Outline Construction Specifications and Employer’s Drawings, the Tenderer shall seek clarification from the General Consultant, not later than eight (8) weeks before submitting his Tender Any such clarification, together with all details on which clarification had been sought, will be copied to all Tenderers All communications between the Tenderer and the General Consultant shall be conducted in writing in two languages (English and Vietnamese) with copy to the Project Management Unit No.1/MAUR

The General Consultant will respond to any request for clarification questions by issuing an answer not later than four (4) weeks prior to the deadline for submission of tenders The General Consultant’s response will include a description of the inquiry but without identifying

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its source

B3.3 Except for any such written clarification by the General Consultant which is expressly stated

to be by way of an addendum to the documents referred to in paragraphs B1.1(a) to (j) above and/or for any other document issued by the Employer which is similarly described, no written

or verbal communication, representation or explanation by any employee of the Employer or the General Consultant shall be taken to bind or fetter the Employer or the General Consultant under the Contract

Tenderers are advised that further Instructions to Tenderers and addenda to the Tender Documents may be issued during the tender period Without prejudice to the general order of precedence prescribed by Clause 1.5 of the Conditions of Contract, the provisions in any such addenda shall take priority over the Invitation to Tender and Tender Documents previously issued Tenderers shall confirm receipt of such documents and list them in the Tender Submittal

To afford prospective tenderers reasonable time in which to take an Addendum into account

in preparing their tenders, the Employer may extend the deadline for submission of tenders

C Preparation of Tenders

Tenders and all accompanying documents shall be in English The following documents are encouraged to be translated into Vietnamese

1 Outline Quality Plan : ITT Clause C 2.2 (d)

2 Outline Safety Plan : ITT Clause C 2.2 (e)

3 Tenderer’s Technical Proposal : ITT Clause C 2.2 (g)

4 Proposed Construction Method Statement : ITT Clause C 2.3 (c)

5 Pricing Documents listed in ITT Clause C2.2 (c)

Documents item 5 shall be included in the Financial Package as “Original” and five copies only

During the tender evaluation, the Tenderers may be required to provide Vietnamese translations of all information and documentations necessary for appraisal of the tender results, if so requested by the appraisal authority

All the Vietnamese translations shall be for reference only and English shall be the governing language in the interpretation of the documents comprising the Tender

C2 Documents Comprising the Tender

C2.1 The Tenderer shall, on or before the date given in the Notice of Invitation to Tender, submit

his Tender in one submittal clearly marked with the name of the Tenderer and with:

”Contract Package-1b (Underground Section from KM 0+615 to KM 2+360): Technical

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any “Alternative” package, if any, as described in Clause C27 herein

These shall be addressed to The Chairman, Management Authority for Urban Railways and submitted to the Office of the General Consultant at the address given in the Tender Documents The Tenderer shall ensure that a receipt is obtained for the submission of his Tender, such receipt being issued free of charge by the General Consultant

The Technical Package of this submission shall contain the documents referred to in paragraphs C2.2(a); (b); (d); (e); (f); (g), (h); (i); (j); (k); (l) (m) and (n) below and C2.3(a); (b); (c); (d); (e); (f); (g); (h); (i); (j); and (l)

The Financial Package shall contain the documents referred to in paragraphs C2.2(a); (b); (c), (l) and (o) below

In the case of new Tenderers, the Qualification Information shall contain all the Qualification Forms provided in Annexure 12, duly filled in as instructed therein

In the case of previously prequalified Tenderers, the Qualification Information shall contain the updated information and documents specified in Sub-Clause A3.8

In submission of the Tender (Technical Package, Financial Package and Qualification Information), The Tenderer shall assign person(s) in writing to submit the Tender accompanied by the original of the Tender Guarantee which shall be submitted in a separate envelope by the Tenderer Copies of the Tender Guarantee shall be included in each Package of the Tender

Should any further documents be required pursuant to paragraph C2.3 (k) below, the Tenderer will be instructed by the Employer which Package of the Tenderer’s submission is to contain such documents

C2.2 The Tenderer shall submit as his Tender the following documents, duly completed which in

the event of acceptance of the Tender, shall form part of the Contract:

(a) Letter of Tender with:

- Attachment 1: Acknowledgement of Compliance with Code of Ethics and

Conduct for Public Procurements

- Attachment 2: Tender Total (b) Appendix 1 to the Letter of Tender; Contract Conditions;

(c) Appendix 2 to the Letter of Tender: completed Pricing Document including the Tender Total, Schedule of Amounts Apportioned to Cost Centres, Monthly Cash Flows for the Contract etc (see paragraph C11, C17 and C24 below);

(d) Appendix 3 to the Letter of Tender: Outline Quality Plan (see paragraph C4 below); (e) Appendix 4 to the Letter of Tender: Outline Safety Plan (see paragraph C5 below) (f) Appendix 5 to the Letter of Tender: Outline Environmental Plan (see paragraph C6

below) (g) Appendix 6 to the Letter of Tender: Tenderer's Technical Proposals (see paragraph

C7 and C14 below);

(h) Appendix 7 to the Letter of Tender: Evidence of Professional Indemnity Insurance; (i) Appendix 8 to the Letter of Tender: The Structure of the Tenderer;

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(j) Appendix 9 to the Letter of Tender: Staffing Schedules and Organisation Chart; (k) Appendix 10 to the Letter of Tender: List of STEP items with quantities and amount

as specified in Clause 7.1 of the Conditions of Contract;

(l) Appendix 11 to the Letter of Tender: Tender Index (See paragraph C26 below); (m) Undertaking on copyright (see paragraph E2)

(n) Two softcopies (CDs) of Technical package, one to be in “native” MS Office format, and the other to be “Read Only” in pdf format

(o) Two softcopies (CDs) of Financial package separately recorded in CD with two different formats, “native” MS Office format and “Read Only” pdf format

In addition to the above, the Tenderer shall submit separately the Qualification Information according to the instruction in paragraph C2.1 specifically for the new Tenderers and the previously prequalified Tenderers

C2.3 The Tenderer shall submit with his Tender the documents that are identified in paragraphs

C2.3 (a) – C2.3 (l) below Such documents will be used for the purposes of evaluating and analysing the Tender but will not form part of the Contract unless the same shall have been expressly incorporated into the Contract in accordance with paragraph B4 above (a) Full details of ownership and control of the Tenderer (see paragraph A3.10);

(b) Separate Tender Programme and proposed Design Submission Programme;

(c) Proposed Construction Method Statement (see paragraph C10 below);

(d) Details of works including specialist work proposed to be sub-contracted and list of

Subcontractors (refer to Annexure 8);

(e) Details of providers of guarantees and warranties (see paragraph C21 below);

(f) Staffing schedule and related details (see paragraph C13 below);

(g) Details of Tenderer’s Equipment (see paragraph C15 below);

(h) Proposals for use and reinstatement of Work Areas (see paragraph C16 below); (i) Documents amplifying the Tenderer's Technical Proposals as described in paragraph

5 of Annexure 1 to these instructions;

(j) Details of proposed draft heads of agreement between the Tenderer and the proposed Designer and the Tenderer and the Third Party Verifier;

(k) Any further documents which are requested in writing by the Employer before submission of the Tender but which are not to form part of the Contract;

C2.4 Tenderers shall quote all prices inclusive of all taxes, duties and fees required to be paid by

him under the Contract, except as modified by Conditions of Contract PCC 14.1 [The Contract Price] and these all inclusive prices will be considered for the purpose of comparative evaluation of tenders

C3 Letter of Tender

The Letter of Tender shall be completed and signed by a duly authorised and empowered representative of the Tenderer If the Tenderer comprises a partnership, consortium or a joint venture the Letter of Tender shall be signed by a duly authorised representative of the partnership delegated by all members of the partnership as stated in the Joint Venture Agreement The relevant powers of attorney shall be attached

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C4 Outline Quality Plan

The Tenderer shall submit as part of his Tender an Outline Quality Plan illustrating the intended means of compliance with the Employer's Requirements (Volume 3) and setting out

in summary form an adequate basis for the development of the more detailed document required under the Conditions of Contract The Outline Quality Plan shall contain sufficient information to demonstrate clearly the proposed method of achieving the Tenderer's quality objectives with regard to the requirements of the Contract

C5 Outline Safety Plan

C5.1 The Tenderer shall submit as part of his Tender an Outline Safety Plan which shall contain

sufficient information to demonstrate clearly the Tenderer's proposals for achieving effective and efficient safety procedures The Outline Safety Plan should include an outline of the safety procedures and regulations to be developed and the mechanism by which they will be implemented for ensuring safety as required by the Employer's Requirements and the Conditions of Contract

C5.2 The Outline Safety Plan shall be headed with a formal statement of policy in relation to safety

and shall be sufficiently informative to define the Tenderer's safety plans and set out in summary an adequate basis for the development of the Site Safety Plan to be submitted in accordance with the Employer’s Requirements

C5.3 The Tenderer may be requested to amplify, explain or develop his Outline Safety Plan prior to

the date of acceptance of the Tender and to provide more details with a view to reaching provisional acceptance of such a plan

C6 Outline Environmental Plan

C6.1 The Tenderer shall submit as part of his Tender an Outline Environmental Plan illustrating the

intended means of compliance with the Employer's Requirements and setting out in summary form an adequate basis for the development of the more detailed document to be submitted under the Conditions of Contract The Outline Environmental Plan shall contain sufficient information to demonstrate clearly the proposed method of achieving the Tenderer's environmental objectives with regard to the requirement of the Contract

C6.2 The Outline Environmental Plan shall be headed with a formal statement of policy in relation

to environmental protection and shall be sufficiently informative to define the Tenderer's environmental plans and set out in summary an adequate basis for the submission of a detailed and comprehensive site environmental quality management plan to be submitted in accordance with the Conditions of Contract The Outline Environmental Plan shall include the methods and procedures for monitoring the Environmental Impact of the Works under the Contract

C6.3 The Tenderer may be requested to amplify, explain or develop his Outline Environmental Plan

prior to the date of acceptance of the Tender and to provide more detail with a view to reaching provisional acceptance of such a Plan

C7 Tenderer's Technical Proposals

The Tenderer shall submit with his Tender the Tenderer’s Technical Proposals as described

in Annexure 1 hereto

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C8.1 The Tenderer should note the requirements of warranties and obligations contained in PCC

Clause 5.1 of the Conditions of Contract

C8.2 The Tenderer shall note the requirement of Clause 2 Article 77 of the Law on Construction

and Decree No 209/2004/ND-CP of December 16, 2004, Article 22, relating to Author Supervision of Construction to be carried out by the named Designer

C8.3 The Tenderer shall submit with his Tender either the proposed terms and conditions upon

which the Designer would be appointed in the event of acceptance of the Tender (excluding the financial and commercial terms thereof) or at least a statement of the heads (salient features) of such an agreement The Tenderer should note that, if heads of agreement are supplied with the Tender, the Tenderer may be required to develop such heads into a full agreement during the tender evaluation period and to submit the agreement in its final form prior to award of the Contract

C9 Tender Programme and Proposed Design Submission Programme

C9.1 The Tenderer shall submit with his Tender, a Tender Programme which shall indicate how the

Tenderer intends to organise and carry out the Works and achieve Stages and complete the whole of the Works by the appropriate Key Dates Detailed requirements for the Tender Programme are set out in Annexure 2 to these Instructions to Tenderers

C9.2 The Tender Programme shall be prepared in terms of weeks from the Date for

Commencement of Works

C9.3 The Tender Programme shall not in any event be construed as a submission of the Works

Programme under Clause 8.3 of the Conditions of Contract

C9.4 The Tenderer shall submit with his Tender his proposed Design Submission Programme to

cover the Design Phase Such proposed programme shall:

(a) be consistent with the Tender Programme and accord with the Employer's

Employer's Requirements and the requirements that the proposed Initial Works Programme and Design Submission Programme shall be submitted within 28 days and 45 days respectively after the Date of Commencement However, the Tenderer should note that he may be required to amplify, explain and develop his Tender Programme and the proposed

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Design Submission Programme prior to award of Contract

C10 Manufacture, Installation and Construction Methods

The Tenderer shall submit with his Tender, the methods by which the Tenderer intends to construct the Works, whether on the Site, off-site but in Vietnam, or offshore The construction methods to be employed will be analysed during tender evaluation and their descriptions shall be in sufficient detail to allow a full appreciation of the Tenderer's proposals

in relation to all aspects of the Works Details shall be given of the locations and arrangements for offshore work, the facilities available and any undertaking from others which the Tenderer has in such matters

C11 Milestones Payment Schedule

C11.1 The Contractor shall submit with his Tender the Milestone Payment Schedule (refer to

Appendix 2 of Letter of Tender) which shall show, in graphic and tabular form, the anticipated cumulative value of work done over time for each amount in the Cost Centres The Schedule should clearly show the monthly cash flows for the Contract

C11.2 If the Tenderer is required to amplify and develop his Tender Programme pursuant to

paragraph C9 above, the Tenderer will be required to amend the provisional Milestone Payments so as to be consistent with the proposed Initial Works Programme with a view to reaching provisional acceptance of the amended versions If such provisional acceptance is notified, the Tenderer shall be required, prior to award, to submit such amended versions of his proposed Milestone Payment Schedule conditional only upon acceptance of his Tender

C12 Works Area Access Dates and Key Dates

C12.1 The Dates on which Work Areas are available to the Contractor for the commencement of the

Works are defined as Works Area Access Dates (WAAD) Details of WAAD are given in Annexure 2 to these ITT

C12.2 The Contractor shall be required to design and construct the Works to meet Key Dates as detailed in Appendix 1 of the Letter of Tender

C13 Staffing Schedule and Related Details

C13.1 The Tenderer shall submit with his Tender a staffing schedule containing the names,

qualifications, professional experience and corporate affiliation of all proposed management personnel (above the level of shift supervisor) and specialists (refer to Annexure 11) Details shall be included for all such personnel whether directly employed or engaged on a

consultancy or advisory basis and whether associated with the design or the construction of the Works The submission shall include a provisional management structure and

organisation chart showing areas of responsibility, relative seniorities and lines of reporting The Tenderer should note that the said staffing schedule shall not in any event constitute a submission under the Contract

C13.2 The Tenderer shall include his proposals for his Dedicated Co-ordination Control Team and include the name and qualifications of the Team Leader responsible for co-ordination with Interfacing Contractors

C14 Proposed Approach to Maintenance Service

The Tenderer shall submit with his Tender the proposed approach for the provision of all maintenance works for Type A and Type B for the 2year period following the issue date of the

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Taking-over Certificate

C15 Tenderer's Equipment and Plant

The Tenderer shall submit with his Tender a schedule of the main items of equipment and plant which he intends to use for carrying out the Works, indicating the activities for which each item will be used (refer to Annexure 7) The Tenderer shall specify in each case:

(a) if he owns or intends to purchase such items, and

(b) if he intends to enter into hire, hire purchase or leasing or charter-party arrangements

C16 Proposals for Use and Reinstatement of Work Areas

C16.1 The Tenderer shall note the requirements for restoring the land after construction activities C16.2 The Tenderer shall submit with his Tender details of his proposed use of the Work Areas and

such other areas which he proposes to use for the purpose of executing the Works Such details shall be subject to the provisions of the Employer's Requirements, Outline Design Specifications and Outline Construction Specifications and shall include proposed preparatory work, arrangements for access to and about the Work Areas or other areas and proposals for reinstatement on completion where appropriate

C16.3 The Tenderer shall show, in outline, his proposed site layouts for:

(a) offices, accommodation and other facilities

(b) fabrication and storage areas

(c) concrete batching plants

The Tenderer shall indicate in his proposals the provision of utility services to the Site The Tenderer is to note that the Contractor will be fully responsible for the provision of all utility services necessary for the construction and completion of the Works as required in

Conditions of Contract Clause 4.19

For preparation of the Tender for the temporary facilities described above, the Tenderer shall comply with Vietnamese regulations including Circular No 05/2007/TT-BXD of July 25, 2007

C17 Pricing Document

C17.1 The Pricing Document is included in Appendix 2 to the Letter of Tender The Tenderer shall

complete the Pricing Document in accordance with the instructions given in Appendix 2 The completed Pricing Document shall be submitted as Appendix 2 to the Letter of Tender

C17.2 The Tenderer is to note that Key Dates are to be determined by reference to weeks from the

Date for Commencement of the Works Periods for each stage of work are given in Appendix

1 to the Letter of Tender Milestone dates shall be, likewise, determined by reference to the respective periods from the Date for Commencement of the Works It is the intention that, prior to Date of Commencement, Key Dates and Milestones will be converted to calendar dates

C17.3 Prior to award, the successful Tenderer shall reformat the Pricing Document, Schedule of

Milestones, and the Tender Programme, so as to correlate between these documents, as requested by the General Consultant

C18 Currencies of Tender and Payment

C18.1 The Tenderer may give his priced offer in Vietnamese Dong, and Japanese Yen only

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Attention of Tenderers is invited to Clause 14.15 of the Conditions of Contract

C18.2 Interim payments in relation to the milestones of each Cost Centre will be certified and paid,

in accordance with the provisions of Clause 14.6 of the Conditions of Contract in the currency shown in the Schedule of Cost Centre Amounts The Tenderer’s attention is invited to Clause 14.3 of the Conditions of Contract

C18.3 The rates of exchange to be used by the tenderer for currency conversion during tender

preparation shall be the selling rates prevailing on the date 28 days prior to the date of tender opening (Base Date), as published by the Bank for Foreign Trade of Vietnam (Vietcombank) C18.4 The foreign currency requirements generally include the following:

(a) Expatriate staff and labor employed directly on the Works;

(b) Social, insurance, medical and other charges relating to such expatriate staff and labor, and foreign travel expenses;

(c) Imported materials, both temporary and permanent, including fuels, oil and lubricants required for the Works;

(d) Depreciation and usage of imported Plant and Contractor’s Equipment, including spare parts, required for the Works;

(e) Foreign insurance and freight charges for imported materials, Plant and Contractor’s Equipment, including spare parts; and

(f) Overhead expenses, fees, profit, and financial charges arising outside the Socialist Republic of Vietnam in connection with the Works

C19 Tender Validity

The Tender shall be valid for a period of 270 days from the Tender Closing Date In exceptional circumstances, prior to expiry of the original tender validity period, the Employer may request that the Tenderers extend the period of validity for a specified additional period The request and the responses thereto shall be made in writing or by facsimile A Tenderer may refuse the request without forfeiting his Tender Guarantee A Tenderer agreeing to the request will not be required or permitted to modify his tender, but will be required to extend the validity of his Tender Guarantee for the period of the extension

C20 Tender Guarantee

C20.1 The Tenderer shall submit with his Tender a Tender Guarantee for the sum of three hundred

million (300,000,000) Japanese Yen in the form of a certified cheque, letter of credit, or a bank guarantee If the guarantee letter is provided by an overseas bank other than Vietnamese bank, it must be issued through a branch in Vietnam or confirmed by a Vietnamese bank having agency relationship with such bank The form of Tender Guarantee given in Annexure 3 to these Instructions to Tenderers may be used for the purpose The Tender Guarantee may also be issued by a reputable insurance company or a bonding company, in which case if the issuer is located outside Viet Nam, it shall have a correspondent financial institution located in Viet Nam to make it enforceable The Tender Guarantee shall remain valid for a period of 30 days beyond the validity for the Tender

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b) A delegated member of the joint venture provides the Tender Guarantee for the whole joint venture In this case the Tender Guarantee can be provided under the name of the joint venture or the delegated member, but in any case the total value of the Tender Guarantee shall not be less than the sum indicated above

C20.2 Any Tender not accompanied by an acceptable Tender Guarantee shall be rejected by the

Employer as non-responsive

The Tender Guarantee will be considered as not valid in one of the following cases: i) its value is lower than the specified amount; ii) it is not in the specified currency; iii) its validity period is shorter than the specified period; iv) it is not submitted to the specified address and within the period specified in the Tender Documents; v) it does not show the correct name of the Tenderer (or the name of the member of the joint venture in the case of C20.1 above; and vi) it is not submitted in original and is not duly signed

C20.3 The Tender Guarantee of the successful Tenderer shall be returned upon the execution of the

Contract and the receipt by the Employer of the Performance Guarantee

C20.4 The Tender Guarantee of the unsuccessful Tenderers will be released within 30 days from

the date of Notification of Tender Results

C20.5 The Tender Guarantee shall be forfeited in one of the following cases:

(a) the Tenderer withdraws his tender after the tender closing date and within the validity period of the tender; or

(b) the Tenderer does not or refuses to enter into contract negotiation and finalization of the Contract within 14 days from the date of Notification of Tender Winning, or refuses to sign the Contract without a reasonable cause within 14 days from the date of Notification of Contract Award; or

(c) the Tenderer fails to submit the Performance Guarantee within 28 days of receipt of the Notification of Contract Award

In the case of a joint venture, the forfeiture mentioned herein shall mean the forfeiture of the Tender Guarantee of the joint venture

C21 Guarantees and Warranties

The Tenderer shall submit full details of the identity of the proposed parties who would respectively provide or issue the Performance Guarantee in accordance with Item F5 hereof, Sub-Clause 4.2 and Schedule 2 of the Conditions of Contract;

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C22 Labour

The Tenderer's attention is especially drawn to Clause 6: Staff and Labour of the Conditions

of Contract in relation to the responsibility of the Contractor for obtaining an adequate supply

of labour

C23 Rates for Labour, Plant and Machinery

C23.1 The Tenderer shall submit along with the Pricing Document in Appendix 2 to the Letter of

Tender (in the format provided in Appendix 2C), rates for the following:

(a) daily rates for skilled, semi-skilled and unskilled labour including Tenderer’s overhead

charges, profits, etc., and (b) hourly rates of use of major plant and machinery regularly employed on works of

similar nature

C23.2 These hourly rates shall be inclusive of all charges such as fuel, operator’s costs, Tenderer’s

profit, overheads, etc The Tenderer should note that he shall be required to amplify and explain these rates during tender clarification process Subject to such discussions and any revisions that may be agreed, the Employer will incorporate these documents or a part or parts of them into the Contract as part of the Pricing Document The Tenderer should note that these rates shall, if approved by the Employer, only be used for valuing variations and valuing such items of the Provisional Sums which are procured on a Daywork basis

C24 Insurance

The Tenderer's attention is drawn to the provisions contained in Clause 18 of the Conditions

of Contract and Schedule of Insurances in Appendix 1

C25 Tender Index

TheTenderer shall include with his Tender an index which cross refers all of the Employer’s tender requirements elaborated in these documents to all the individual sections within Contract Package No 1b: Technical Package and Contract Package No 1b: Financial Package, and Contract Package No 1b: Qualification Information which the Tenderer intends

to be the responses to each and every one of those requirements

C26 Tenderer’s Alternatives

C26.1 Tenderers shall note that the Tender, prepared in accordance with the Employer’s

Requirements, Outline Specifications and Employer’s Drawings as approved by the relevant authorities shall be termed the “Base Tender”

C26.2 The Tenderer shall first price the “Base Tender” The Tenderer may submit alternative

proposals with the Tender Documents for the Employer’s consideration, however, such Alternative Tenders, if any, will only be considered by the Employer once the Tenderer’s

“Base Tender” has been found to be responsive and has been confirmed to be the lowest evaluated Tender price

C26.3 The Tenderer shall provide a List of Changes to the “Base Tender” to identify all items

included in the Alternative Tender Price which vary from the conforming “Base Tender” The List of Changes shall provide all information necessary for a complete evaluation of the alternative by the Employer, including drawings, technical specifications, proposed construction methods and cost implications for each change

C26.4 The “Alternative Package” (Technical and Financial) will be opened after the Base Tender has

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been confirmed to be responsive and is the lowest evaluated Base Tender Price according to the calculation method defined in the Tender Documents The “Alternative Package” (Financial) will be opened after the price of the compliant Base Tender has been arithmetically checked and the Tenderer has accepted the corrections, (if any) The Tenderer shall note that any alternative proposal may need the acceptance of the relevant Authorities (MOT, DPI, and HCMC-PC) Only the alternative proposals which are accepted by the relevant authorities will be retained for further review and subject to discussion during the negotiation stage

C26.5 A Tenderer proposing Alternatives shall provide one (01) original and five (05) copies of his

combined technical and financial Alternative proposals, clearly labelled “Alternative” in a separate package at the time of Tender submission

C26.6 For the web-based information management system, ACONEX shall be applied in the Base

Tender However, the Tenderer can submit a proposal (technical and financial) for application

of another system as Tenderer’s Alternative, in addition to his Base Tender

C26.7 In case the Tenderer proposes to avoid and/or further limit the translation works (from English

into Vietnamese) for any submissions, he can submit such proposal with detail explanations together with proposed cost reduction as Tenderer’s Alternative, in addition to his Base Tender

C27 Pre-Tender Meeting

C27.1 The tenderer or his official representative will be invited to attend a Pre-Tender meeting on

the date and location to be advised later

C27.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter

that may be raised at that stage

C27.3 The tenderer is requested to submit any question in writing or by facsimile, to reach the

Employer not later than one week before the meeting

C27.4 Minutes of the meeting, including the text of the questions raised and the responses given,

will be transmitted without delay to all purchasers of the Tender Documents Any modification

of the Tender Documents listed in paragraph B4 which may become necessary as a result of the Pre-Tender meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to paragraph B4 herein and not through the minutes of the Pre-Tender meeting

C27.5 Non-attendance at the Pre-Tender meeting will not be a cause for disqualification of a

Tenderer

C28 Format and Signing of Tender

C28.1 The Tenderer shall prepare one original and five copies of the documents comprising the

Tender, as described in paragraph C2 of these Instructions to Tenderers clearly marked

"ORIGINAL", "COPY 1” and through to "COPY 5" In the event of discrepancy between them, the original shall prevail

C28.2 The original and all copies of the Tender shall be typed or written in indelible ink (in the case

of copies, photocopies are also acceptable) and shall be signed by a person or persons duly authorised to sign on behalf of the Tenderer, pursuant to paragraph A3.7.(b) and Annexure 10

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of ITT All pages of the Tender, where entries or amendments have been made, shall be initialled and dated by the person or persons signing the Tender

C28.3 The Tender shall contain no alterations, omissions or additions, except those to comply with

instructions issued by the Employer, or as necessary to correct errors made by the Tenderer,

in which case such corrections shall be initialled and dated by the person or persons signing the Tender

D Submission of Tenders

D1 Sealing and Marking of Tender

D1.1 The Tender shall include all the documents mentioned in Item C2 hereinabove The Technical Package, Financial Package and Qualification Information shall be put in one envelope or box, and the Alternative Package shall be put in another envelope or box The Tender shall be submitted in one (1) original and five (5) copies The Tenderer shall seal the original and each copy of the Tender, duly marking the envelopes or boxes as "ORIGINAL", and "COPY 1" through to "COPY 5"

D1.2 The Tender shall pack the documents in a proper manner to facilitate receipt and storage of Tenders by the Employer, ensuring integrity of Tenders and avoiding their loss In case it is necessary to pack into many small boxes to facilitate transport, each box shall be numbered properly in order to ensure uniformity, and shall be duly sealed and marked as specified herein D1.3 All the envelopes or boxes containing the Tender shall be addressed to the Employer at the following address:

Office of General Consultant

35/11 D5 Street Ward 25 Binh Thanh District

Ho Chi Minh City Vietnam

Fax: 08.3.510.6726 Email: njpt-p1b@hcm-mrt.com

and bear the name, address, telephone number, fax number and e-mail address of the

Tenderer in addition to the following identification:

Tender for Contract Package-1b: Civil (Underground Section from KM 0+615 to

KM 2+360)

Ho Chi Minh City Urban Railway Construction Project Ben Thanh - Suoi Tien Section (Line 1)

DO NOT OPEN BEFORE 14:05 on March 1 st, 2013 (time and date of tender opening)

D1.4 If any envelope or box is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the Tender concerned

D2 Deadline for Submission of Tenders

D2.1 Tenders must be received by the Project Director of the General Consultant at the address

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specified above, not later than 14.00 hr on March 1 st , 2013

D2.2 The Employer may, at his discretion, extend the deadline for submission of Tenders by issuing

an amendment in accordance with paragraph B4, in which case all rights and obligations of the Employer and the Tenderer previously subject to the original deadline will thereafter be subject

to the deadline as extended

The extension of the deadline for submission of Tenders shall be informed by the General Consultant to all the firms who purchased the Tender Documents and also announced on newspapers

D3 Late or Delayed Tenders

Any documents related to the Tender including the letter of discount, if any, received by the Project Director of the General Consultant after the deadline for submission of tenders stipulated in Item D2.1 will be returned unopened to the Tenderer

D4 Modification, Substitution and Withdrawal of Tenders

D4.1 Except where expressly permitted by these Instructions, the Tenderer shall not make or cause

to be made any alteration, erasure or obliteration to the text of the documents prepared by the Employer and submitted by the Tenderer with or as part of his Tender

D4.2 The Tenderer’s modification or withdrawal notice shall be prepared, sealed and marked

“MODIFICATION” or ‘WITHDRAWAL” as appropriate, and submitted separately from the Tender to the Employer at the address indicated in paragraph D1 above before the Tender Closing Date

D4.3 No Tender shall be modified by the Tenderer after the deadline for submission of Tenders

D4.4 Withdrawal of a Tender during the interval between the deadline for submission of bids and the expiration of the period of bid validity specified in the Letter of Tender shall result in the

forfeiture of the Tender Guarantee

E Tender Opening and Evaluation

Ho Chi Minh City Viet Nam The tenderers’ representatives who are present shall sign a register evidencing their attendance

E1.2 Only tenders from the listed tenderers who have purchased the Tender Documents shall be

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opened in alphabetical order of the tenderers’ names Tenders of the tenderers who have sent their withdrawal notice before the Tender Closing Time and tenders received after the Tender Closing Time shall not be opened but shall be returned unopened to the tenderers

E1.3 The sealing of tenders shall be checked before their opening The Technical Proposal will be opened first and followed by the Financial Proposal Upon opening, the following major contents of tenders shall be read out and recorded:

- Name of tenderer;

- Number of originals and copies of the tender;

- Validity period of the tender;

- Tender price quoted in the Letter of Tender;

- Letter of discount, if any;

- Value, validity and form of Tender Guarantee;

- Written request for modification of the tender, if any; and

- Other relevant information

E1.4 The General Consultant will prepare a Minutes of Tender Opening including the information disclosed to those present The representatives of the Employer, the General Consultant and the tenderers shall sign the Minutes of Meeting

E1.5 After tender opening, each page of the original of each tender shall be initialed by the

representative of the General Consultant, and the tenders shall be handled as “confidential”

documents Tender evaluation shall be done on copies of tenders only

E2 Confidentiality of Tender Information and Copyright

The Tender Invitation Documents, as listed in paragraph B1 above, and any addenda thereto, together with any further communications, are issued for the purpose of inviting tenders only The Tenderer shall not disclose any information contained in the documents or otherwise supplied in connection with this tender invitation to any third party except for the purpose of preparing its Tender The Tenderer shall maintain complete confidentiality till the Contract is awarded In the event that such confidentiality is breached, the Employer may reject the Tender The Employer’s Drawings and documentation prepared by the Employer and the General Consultant shall be used solely for the design of the works They shall not be used

in part, whole or altered form for any other purpose without the express permission in writing

of the Employer The Tenderer shall sign and attach a letter of undertaking attached in the Instructions to Tenderers – Annexure 4

Except for the public opening of the Tender, information relating to the examination, clarification, evaluation and comparison of tenders and recommendations concerning award

of Contract shall not be disclosed to Tenderers or other persons not officially concerned with such process

Any effort by a Tenderer to influence the Employer or the Employer’s Representative in the process of examination, clarification, evaluation and comparison of tenders and in decisions concerning the award of contract, may result in the rejection of the tender of that Tenderer

E3 Clarification of Tenders

To assist in the examination, evaluation and comparison of tenders, the Employer or the Employer’s Representative may, at his discretion, ask any Tenderer for clarification of his Tender, including breakdown of prices The request for clarification and the response shall be

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in writing or by facsimile, but no change in the price or substance of the tender shall be sought, offered or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the tenders in accordance with paragraph E5

E4 Examination of Tenders and Determination of Responsiveness

E4.1 After tender opening, the Employer or the Employer’s Representative will conduct general evaluation of tenders in accordance with the details given in Item 3 of Annexure 5 to the Instructions to Tenderers

E4.2 For the purpose of this Clause, a responsive tender is one which conforms to all the

Employer’s terms, conditions and requirements of the Tender Documents, without material deviation or reservation ”Deviation” may include exceptions, exclusions & qualifications A material deviation or reservation is one which affects in any substantial way the scope, quality, performance or administration of the works to be undertaken by the Tenderer under the Contract, or which limits in any substantial way the Employer’s rights or the Tenderers obligations under the contract as provided for in the Tender Documents and is of an essential condition, the rectification of which would affect unfairly the competitive position of other tenders at reasonable price Minor deviations will be noted

E4.3 If a tender is not substantially responsive to the requirements of the Tender Documents,or if

the Tenderer fails to commit to the date specified for the completion of Line 1, the Tender will

be rejected by the Employer, and will not be subsequently be permitted to be made responsive by the Tenderer by correction or withdrawal of the non-conformity

E4.4 The tender which is not substantially responsive is the one which does not meet the

conditions specified in Item 3 of Annexure 5 to Instructions to Tenderers

E5 Examination of Tenders and Correction of Errors and Differences

E5.1 Tenders which have been evaluated as satisfying the basic requirements in technical

evaluation will be checked by the Employer for any arithmetic errors in computation and summation and any differences in pricing during financial evaluation

E5.2 Errors and differences will be corrected and adjusted by the Employer in accordance with the

system defined in Item 5.1 of Annexure 5 of the Instructions to Tenderers

E6 Evaluation of Tenders

E6.1 Evaluation of tenders will be conducted in 5 steps: 1) General evaluation, 2) Technical evaluation, 3) Financial and commercial evaluation, Ranking of tenders, and 5) Postqualification as detailed in Annexure 5 to the Instructions to Tenderers

E6.2 Technical Evaluation

Only the tenders which have passed the general evaluation in accordance with Item E4 will

be retained for technical evaluation The contents of technical evaluation are shown in Annexure 5 to the Instructions to Tenderers The results of technical evaluation shall be approved by the Employer and only the tenders which have passed the technical requirements will be retained for financial evaluation

E6.3 Financial and Commercial Evaluation

Financial and commercial evaluation will be conducted for the tenders which passed the technical evaluation The evaluation in this step consists of i) correction of errors and adjustments of differences; ii) conversion to a single currency for comparison of tenders; iii) determination of the evaluated tender prices

E6.4 Ranking of Tenders

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Based on the evaluation results in Step 3, the tenders will be ranked in order of evaluated tender price and the tender with the lowest evaluated tender price will be retained for final postqualification

Postqualification will be conducted on the following basis:

1) For the new Tenderers;

The qualification of the Tenderer with the lowest evaluated tender will be evaluated based on the Qualification Forms submitted by him in accordance with Sub-Clauses C2.1 and C2.2 and as detailed in Annexure 12

2) For the previously prequalified Tenderers:

The present qualification of the Tenderer with the lowest evaluated tender will be evaluated based on the updated information submitted by him in accordance with Sub-Clause A3.8 (using partially the Qualification Forms provided in Annexure 12)

E6.6 The Employer reserves the right to accept or reject any variation, deviation or alternative offer Variations, deviations, alternative offers and other factors which are in excess of the requirements of the Tender Documents or otherwise result in the accrual of unsolicited benefits to the Employer shall not be taken into account in tender evaluation

E6.7 In summary, only the tenderers who completely satisfy the following conditions will be considered to be recommended for tender winning:

1 Having a valid tender;

2 Being evaluated as satisfying the requirements for capabilities and experience;

3 Having the technical proposal evaluated as satisfying the requirements according to the scoring system;

4 Having the lowest evaluated price;

5 Satisfying the postqualification requirements

E6.8 Details of the procedure and criteria for technical evaluation and financial evaluation are provided in Annexure 5 to the Instructions to Tenderers

Subject to paragraph F2, the Employer will award the Contract to the Tenderer whose Tender has been determined to be substantially responsive to the Tender Documents and who has offered the Lowest Evaluated Tender Price, provided that such Tenderer has been determined to be:

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(i) eligible in accordance with the provisions of paragraphs A3.1 and A3.2; and

(ii) qualified in accordance with the provisions of paragraphs A3.3 – A7 for the new Tenderers or A3.8 for the prequalified Tenderers

F2 Notification of Tender Winning and Contract Negotiation

F2.1 Prior to expiration of the period of Tender validity or extended period pursuant to Item C19 of the Instructions to Tenderers, and immediately after approval of the tender results by Ho Chi Minh City People’s Committee and the concurrence of JICA, the Employer will inform in writing the tender results to all the Tenderers, without giving reasons for unsuccessful tenders Then the Employer will send a written Notification of Tender Winning to the successful tender and invite him to contract negotiation at the date specified in the Notification

F2.2 If any Tenderer who submitted a Tender wishes to ascertain the reasons why its Tenders was not selected, such Tenderer may request an explanation from MAUR MAUR shall promptly provide an explanation as to why its Tender was not selected

F2.3 The successful Tenderer shall, within 14 days from the date of Notification of Tender Winning, send a written notice of consent to the Notification and shall enter into contract negotiation with the Employer at the date specified therein

If, within the period mentioned above, the successful Tenderer fails to send the notice of consent to the Notification or refuses to enter into contract negotiation at the specified date, the Tender Guarantee shall be forfeited in accordance with Item C20.5.(b) of the Instructions

to Tenderers The Employer will then invite the 2nd ranked Tenderer to enter into contract negotiation in compliance with regulations

Upon completion of contract negotiation, the Employer and the successful Tenderer will sign a Consolidated Minutes of Contract Negotiation Results recording the outcome of their joint discussions of the Tender These discussions will include a breakdown of the tender prices such as the cost of materials, equipment, labour, transport, overheads and other relevant charges without changing any substance of the Tender in accordance with section 5.09 of the Procurement Guidelines of JICA This Consolidated Minutes of Contract Negotiation Results will constitute the agreed basis upon which a contract could be concluded, and/or may include any clarification of any alternative proposals that the Tenderer may have submitted The Consolidated Minutes of Contract Negotiation Results (i) shall be binding on the Tenderer as

an acceptable clarification or amendment of his tender until the validity expires, (ii) shall be wholly subject to a subsequent contract agreement and (iii) The Consolidated Minutes of Contract Negotiation Results will be a part of the Contract

F3 Notification of Contract Award and Signing of Contract Agreement

F3.1 Within 14 days from the issuing date of the Consolidated Minutes of Contract Negotiation Results, the Employer will send the successful Tenderer a Notification of Contract Award along with a draft Contract Agreement in the form provided in Schedule 1 to the Conditions of

Contract with such modifications as may be considered necessary Within 14 days from the

date of Notification of Contract Award, the successful Tenderer shall finalise and sign the Contract Agreement with the Employer If the contractor is a joint venture, the Contract Agreement shall be signed by all the partners of the joint venture

F3.2 The Contract Agreement will not come into force until concurrence of JICA is obtained The Letter of Notice to Proceed will be issued within 35 days from the date of coming into effect of the Contract Agreement

F3.3 After a contract is determined to be eligible for JICA’s financing, the names of all Tenderers, their Tender prices, the name and address of successful Tenderer concerning the award of

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contract, the name and address of supplier, and the award date and amount of the contract may be made public by JICA

F4 Employer's Right to Accept any Tender and to Reject any or all Tenders

F4.1 The Employer is not bound to accept the lowest or any tender and may at any time by notice

in writing to the Tenderers terminate the tendering process in accordance with the regulation

in force

F4.2 The Tenderer should note in particular that without prejudice to the Employer’s other rights under the Contract and the Tender Guarantee, the Employer may terminate the Contract

under Clause 15.2 of the Conditions of Contract in the event that the Tender is accepted but

the Tenderer fails to supply the Performance Guarantee or fail to enter into contract negotiation and execute the Contract Agreement

F5 Performance Guarantee and Warranties

F5.1 The Performance Guarantee required in accordance with Clause 4.2 of the Conditions of

Contract shall be for 10% of the Base Contract Price, issued in the form of a certified cheque, letter of credit, or a bank guarantee If the guarantee letter is provided by an overseas bank other than Vietnamese bank, it must be issued through a branch in Vietnam or confirmed by a Vietnamese bank having agency relationship with such bank Bond issued by a reputable bonding, insurance or surety company as a form of Performance Guarantee is also acceptable The Performance Guarantee shall be furnished by the successful Tenderer to the Employer within 28 days of receipt of the Notification of Contract Award and before the Contract Agreement becomes effective The Performance Guarantee shall be forfeited if the Contractor refuses to execute the Contract after it becomes effective

F5.2 The Tenderer has to furnish other Guarantees, Undertakings, and Warranties, in accordance

with the provisions of the Conditions of Contract

F5.3 Failure of the successful Tenderer to comply with the requirements of paragraphs F4.2 and

F5.1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the Tender Guarantee

F6 Consideration and Settlement of Petitions

F6.1 The Tenderers shall have the right to petition against the contractor selection result or issues

related to the tendering process

F6.2 The consideration of such petitions and settlement thereof shall be made in accordance with

the conditions set forth in Articles 72 and 73 of the Tendering Law No 61/2005/QH11 of November 29, 2005 and Articles 60 and 61 of Decree No 85/2009/ND-CP of October 15,

2009

F7 Settlement of violations in tendering

In the case where the Tenderers make any actions in violation of the law regarding tendering, such violations shall be handled in accordance with Article 75 of the Tendering Law No 61/2005/QH11 of November 29, 2005, Article 63 of Decree No 85/2009/ND-CP of October 15,

2009 and Item 39 of Circular No 01/2010/TT-BKH of June 6, 2010

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October 2012

for

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Annexure 1 – Requirements for Tenderer’s Technical Proposals

1 The Tenderer's attention is drawn to Clause 1 of the Employer's Requirements - General and

to Clause 1 of the General Conditions of Contract in which terms are defined

2 The Tenderer's Technical Proposals shall comply or, subject to reasonable development, be

capable of complying with the Employer's Requirements in all respects The Tenderer's Technical Proposals shall demonstrate such compliance The Tenderer's Technical Proposals shall establish firmly the intended design and methodology, and, in accordance with paragraph 4.2 herein, the Specifications for the Permanent Works

3 The Tenderer's Technical Proposals shall cover the following:

3.1 Alignment of roadways and railway, location and geometry of structures and main features thereof, clearances, and principal dimension;

3.2 Design and Construction of tunnels, stations, staircases, trackbed structure, shafts, station accesses, and other facilities including re-installation of road and footpath surfaces:

3.3 Structural forms and principles, methods of carrying or accommodating loads or actions, and choice and grades of structural materials;

3.4 Details of station and tunnel excavation, temporary structures, erection and removal procedures and interaction with permanent works, including proposals for ensuring that disruption to road and pedestrian traffic is minimized;

3.5 Any related civil works, viz; construction of sub-station rooms and buildings, shafts, intermodal transfer developments, simultaneous construction of the combined part of the future line, etc;

3.6 Assessment of settlement effect on adjacent structures including utilities and proposed protection works including instrumentation and monitoring;

3.7 Reclamation of wharves for construction of a station and tunnel therein;

3.8 Testing and investigations to be undertaken;

3.9 Co-ordinations and structural and construction arrangements at interfaces with other contracts;

3.10 Landscaping and reinstatement works;

3.11 Provisions for passenger movements and fire modes, etc, including the electrical supply and interfacing control of the related items;

3.12 The following items in connection with architectural, electric and mechanical building services, station environmental control, trackway exhaust, and tunnel ventilation systems;

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Ho Chi Minh City Urban Railway Construction Project Annexure 1 to Instructions to Tenderers Ben Thanh – Suoi Tien Section (Line 1 Contract Package-1b – Civil (Underground Section from KM 0+615 to KM 2+360)

5) Types of the elevators and escalator proposed

4 The Tenderer's Technical Proposals shall include the following documents:

4.1 Drawings Drawings shall illustrate, where appropriate, aspects of the Works identified in paragraph 3 above, including layouts, appearance, main structural features, general arrangements, plans, elevations, principal sections and typical details of critical areas

In particular the drawings shall indicate the proposed arrangements at the interface with adjacent Contractors

4.2 Specifications 4.2.1 The Specification shall comprise two parts, the Design Specifications and the

Construction Specifications Each part shall consist of the Outline Specifications which shall be identical to those contained in the Tender Documents and the Particular Specifications The Particular Specifications shall draw attention to any part or parts of the Outline Specifications which the Tenderer intends to amend or omit and shall contain further material such that the design of the Permanent Works is fully specified and the construction

of the Permanent Works is specified at least in outline at this stage

4.2.2 In producing the Particular Specifications the Tenderer shall ensure that

clauses, paragraphs and any appendices therein are identified by their numbering as uniquely belonging to the Particular Specifications, and shall not in any event amend or change the numbering in the Outline Specifications

4.2.3 The Tenderer should note that the Specifications submitted with the Tender

as part of the Tenderer's Technical Proposals will, prior to acceptance of tender, be merged and consolidated into a single document for incorporation into the Contract

4.2.4 The Tenderer should note that the Particular Specifications form a crucial

part of the Tenderer’s Technical Proposals, and shall be prepared in sufficient detail to demonstrate full compliance with the Employer’s Requirements The quality of the Particular Specifications will be paramount

in evaluating technical compliance of Tenders

4.3 Statement of Compliance

A joint statement from the Tenderer and the proposed Designer is required to be furnished to the effect that the Tenderer's Technical Proposals comply with the Employer's Requirements and can be developed to become the Technical Design of the Permanent Works without significant change other than detailed design development

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4.4 Statement of Maintainability The Tenderer shall state the maintenance objectives and the anticipated operational life associated with the principal elements and components of the Permanent Works and in particular how these apply in the selection and use of proposed materials The Tenderer shall demonstrate a reasonable balance between construction costs and maintenance costs and the effect of its proposals on the lifetime costs of the Permanent Works The Tenderer shall include in this statement a schedule of the main maintenance operations, for each major component such as tunnel structures, ventilation equipment, mechanical and electrical equipment, air-conditioning, power supply systems fire-fighting equipment, etc including intervals between such operations, for all aspects of the required construction and of main spares and stores required and their rates of use

4.5 Proposal on Aesthetics The Proposal on Aesthetics shall be the Tenderer's proposals in respect of the visual and aesthetic characteristics of the Works and which are relevant to structural arrangements These proposals shall state and justify the criteria adopted in their development The Tenderer is to note that the principal visual and aesthetic characteristics of the Works should be firmly established at the earliest opportunity so that design can proceed on a basis of certainty The Tenderer's attention is drawn to Section 8 of the Employer's Requirements – Functional in respect of aesthetics Drawings, including perspectives, details and artist's impressions sufficient to indicate the aesthetic and visual characteristics of the Permanent Works shall be included

5 The Tender shall be accompanied by documents in amplification of the Tenderer's Technical

Proposals, which shall include:

5.1 Technical Notes Such technical notes or notes on calculations necessary for understanding and explaining the Tenderer's Technical Proposals

5.2 Site Investigation Proposals Results of any site investigations undertaken by the Tenderer and proposals for site investigations to be undertaken by the Tenderer giving the nature of the investigations, locations and intended purposes

5.3 Testing Proposals Results of any testing undertaken by the Tenderer and proposals for other testing to

be carried out by the Tenderer for design or associated purposes (not including control of quality of construction, fabrication or manufacture), giving the nature of the testing, intended purposes, and the location of the test facilities used or to be used Alternative or additional codes and standards that have not already been approved by MOT in a particular application shall require the Contractor to obtain acceptance for use in that application

5.4 Codes and Standards

A list of all codes of practice and standards to be used in the design shall be provided Except for those codes and standards available in Vietnamese, the Contractor shall provide English translation of major parts of other codes and standards, if any The Tenderer shall provide justification, in accordance with Clause 2.1 of the Outline

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Ho Chi Minh City Urban Railway Construction Project Annexure 1 to Instructions to Tenderers Ben Thanh – Suoi Tien Section (Line 1 Contract Package-1b – Civil (Underground Section from KM 0+615 to KM 2+360)

Ann1 - 4/4 October 2012

Design Specification, for any codes or standards it proposes in its list as alternatives

or additions to those specified in the Employer’s Requirements, Outline Design Specification and Outline Construction Specification The Tenderer will be required, during the Tender process, to provide a certified English translation of any codes or standards it proposes to use and which are not normally available in English

The Contractor shall obtain acceptance of MOT/HPC for the use alternative or additional codes and standards that have not already been approved by MOT in any particular application

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