Subject: Mandatory Usage of Harmonized Standard Bidding Documents for Procurement of Goods and Works in the Asian Development Bank and the World Bank Financed Projects

Documents Comprising the Bid 11.1 The Bid shall comprise the following: a Letter of Bid in accordance with ITB12; b Completed schedules, in accordance with ITB 12 and14; c Bid Security,

16 Phan Chu Trinh, Hanoi, Vietnam

Telephone: (84-4) 39331374

Facsimile: (84-4) 39331373

Facsimile: (84-4) 39346597

July 2, 2015

To: All Executing and Implementing Agencies

Subject: Mandatory Usage of Harmonized Standard Bidding Documents for Procurement of Goods and Works in the Asian Development Bank and the World Bank Financed Projects

Following the approval of Law on Procurement No 43/2013/QH13 dated November 26,

2013 and Decree No 63/2014/ND-CP dated June 26, 2014, the Asian Development Bank (ADB)and the World Bank (WB) in collaboration with the Public Procurement Agency (PPA) ofMinistry of Planning and Investment (MPI) have jointly prepared harmonized standard biddingdocuments

In accordance with para 2, Article 1 of Circular 03/2015/TT-BKHDT dated May 06,2015and Circular 05/2015/TT-BKHDT dated June 16, 2015 issued by Ministry of Planning andInvestment: "When procuring goods and works contracts through national competitive biddingunder ADB and World Bank funded projects, the standard bidding documents in Vietnameseissued by ADB and World Bank shall be used"

Consequently, these harmonized standard bidding documents shall be used for goods andworks contracts under ADB and WB investment financed projects, procured through NationalCompetitive Bidding (NCB), whose invitations for bids are scheduled to be issued on or afterJuly 15, 2015 These documents however are not applicable to procurement under WB’sProgram for Results (PforR) financing and ADB’s Results Based for Programs

For those contracts whose bidding documents have been prepared using WB/ADB’searlier templates prior to July 15, 2015, Implementing Agencies or Project Management Units

may proceed with the procurement using those documents subject to WB/ADB’s prioragreement.

It shall be mandatory for all Project Management Units or Implementing Agencies underADB and World Bank funded projects to use such standard bidding documents from the date setforth above Project Management Units or Implementing Agencies may contact the designatedprocurement specialists and task team/project team leaders of WB or ADB for their project incase of the need for clarifications or soft copies of the documents

These are living documents that may be updated from time to time to incorporate usefulfeedbacks and lessons learned from its implementation Users are therefore encouraged toprovide useful feedbacks to the Banks’ procurement staff where necessary

Deputy Country Director for Vietnam

Southeast Asia Department

Asian Development Bank

Acting Country Director for VietnamEast Asia and Pacific Region

World Bank

Ngân hàng Phát triển châu Á

Tầng 3, tòa nhà CornerStone 16 Phan

Ngân hàng Thế giới

Tầng 8, 63 Lý Thái Tổ, Hà Nội, Việt Nam Telephone: (84-4) 3934 6600

Chu Trinh, Hà Nội, Việt Nam

Telephone: (84-4) 3933 1374

Facsimile: (84-4) 3933 1373

Facsimile: (84-4) 3934 6597

Hà Nội, ngày 2 tháng 7 năm 2015

Kính gửi: Các cơ quan chủ quản và cơ quan thực hiện dự án do Ngân hàng Phát triển châu Á vàNgân hàng Thế giới tài trợ

Về việc: Ban hành Mẫu Hồ sơ Mời thầu Hài hòa cho gói thầu Xây lắp và Mua sắm Hàng hóa đấu thầu theo hình thức đấu thầu cạnh tranh trong nước cho các dự án do Ngân hàng Phát triển châu Á và Ngân hàng Thế giới tài trợ

Sau khi Luật Đấu thầu của Quốc hội số 43/2013 được ban hành ngày 26/11/2013 và Nghịđịnh số 63/2014/NĐ-CP của Chính phủ được ban hành ngày 26/06/2014, Ngân hàng Phát triểnchâu Á (ADB) và Ngân hàng Thế giới (WB) phối hợp với Cục Quản lý Đấu thầu (PPA) thuộc

Bộ Kế hoạch và đầu tư (MPI) đã cùng soạn thảo Mẫu Hồ Sơ Mời Thầu Hài Hòa

Theo khoản 2, Điều 1 của Thông tư số 03/2015/TT-BKHDT ngày 06/05/2015 và Thông

tư số 05/2015/TT-BKHDT ngày 16/06/2015 của Bộ Kế hoạch và Đầu tư, các gói thầu xây lắp vàmua sắm hàng hóa được tổ chức đấu thầu rộng rãi trong nước (NCB) thuộc các dự án sử dụngvốn hỗ trợ phát triển chính thức (ODA) của ADB, WB thì áp dụng mẫu hồ sơ mời thầu NCB doADB và WB ban hành bằng tiếng Việt

Trên cơ sở đó, những Mẫu Hồ sơ Mời thầu Hài hòa đính kèm theo văn bản này sẽ được

áp dụng cho các dự án sử dụng vốn hỗ trợ của ADB và WB Mẫu này sẽ được áp dụng chonhững gói thầu mà dự kiến sẽ mời thầu vào hoặc sau ngày 15/07/2015 Tuy nhiên các Mẫu Hồ sơMời thầu này không áp dụng cho các hoạt động đấu thầu trong dự án tài trợ theo Chương trìnhcho vay dựa vào Kết quả (PforR của WB và RBL của ADB)

Đối với các gói thầu mà hồ sơ mời thầu đang được soạn thảo theo các mẫu trước đây (tức

là trước ngày 15/07/2015) của WB/ADB, thì các cơ quan thực hiện dự án hoặc ban quản lý dự ánvẫn có thể tiếp tục sử dụng các hồ sơ mời thầu đó để thực hiện đấu thầu nếu được ADB và WBphê duyệt trước

Các ban quản lý dự án và cơ quan thực hiện dự án sử dụng nguồn vốn tài trợ của ADB và

dự án và cơ quan thực hiện dự án có thể liên hệ các chuyên gia Đấu thầu và cán bộ quản lý dự áncủa ADB và WB khi cần làm rõ thêm thông tin hoặc để lấy bản mềm của các Mẫu Hồ sơ Mờithầu Hài hòa này.

Các Mẫu Hồ sơ Mời thầu Hài hòa này sẽ đươc cập nhật thường xuyên nhằm phản ánh kịpthời và chính xác ý kiến đóng góp cũng như các bài học kinh nghiệm rút ra từ thực tiễn thựchiện Do vậy, chúng tôi rất mong nhận được những ý kiến đóng góp của quý cơ quan gửi tới cáccán bộ Đấu thầu của ADB và WB

Phó Giám đốc Quốc gia tại Việt Nam

Vụ Đông Nam Á

Ngân hàng Phát triển châu Á

Quyền Giám đốc Quốc gia tại Việt NamKhu vực Đông Á và Thái Bình DươngNgân hàng Thế giới

SOCIALIST REPUBLIC OF VIETNAM

HARMONIZED STANDARD BIDDING

Summary Description Summary

PART 1 – BIDDING PROCEDURES

Section I Instructions to Bidders (ITB)

This Section provides information to help Bidders prepare their bids Information

is also provided on the submission, opening, and evaluation of bids and on the

award of Contracts Section I contains provisions that are to be used without modification.

Section II Bid Data Sheet (BDS)

This Section includes provisions that are specific to each procurement and thatsupplement Section I, Instructions to Bidders

Section III Evaluation and Qualification Criteria

This Section specifies the criteria to determine the lowest evaluated bid and thequalifications of the Bidder to perform the contract

Section IV Bidding Forms

This Section includes the forms for the Bid Submission, Price Schedules, BidSecurity, and the Manufacturer’s Authorizationto be submitted completed by theBidder and submitted as part of his Bid

Section V Eligible Countries

This Section contains information regarding eligible countries

Section VI Bank Policy – Corrupt and Fraudulent Practices

This Section provides the Bidders with the reference to the Bank’s policy inregard to corrupt and fraudulent practices applicable to this process

PART 2 – SUPPLY REQUIREMENTS

Section VII Schedule of Requirements

This Section includes the List of Goods and Related Services, the Delivery andCompletion Schedules, the Technical Specifications and the Drawings thatdescribe the Goods and Related Services to be procured

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VIII General Conditions of Contract (GCC)

This Section includes the general clauses to be applied in all contracts The text

of the clauses in this Section shall not be modified.

Section IX Special Conditions of Contract (SCC)

This Section consists of Contract Data and Specific Provisions which containsclauses specific to each contract The contents of this Section modify orsupplement, but not over-write, the General Conditions and shall be prepared bythe Purchaser

Section X Contract Forms

This Section contains forms which, once completed, will form part of the

Contract The forms for Performance Security and Advance Payment Security,

when required, shall only be completed by the successful Bidder after contractaward

Attachment: Invitation for Bids

An “Invitation for Bids” form is provided at the end of the Bidding Documents for information

P R O C U R E M E N T D O C U M E N T S

Bidding Document for Procurement of Goods under National Competitive Bidding

Standard Bidding Document

Table of Contents

PART 1 – Bidding Procedures 4

Section I Instructions to Bidders 4

Section II Bid Data Sheet (BDS) 26

Section III Evaluation and Qualification Criteria 32

Section IV Bidding Forms 37

Section V Eligible Countries 56

Section VI Bank Policy - Corrupt and Fraudulent Practices 58

PART 2 – Supply Requirements 63

Section VII Schedule of Requirements 64

PART 3 - Contract 71

Section VIII General Conditions of Contract 72

Section IX Special Conditions of Contract 95

Section X Contract Forms 100

PART 1 – BIDDING PROCEDURES

Section I Instructions to Bidders

5 Eligible Goods and, Related Services 7

B Contents of Bidding Document 8

6 Sections of Bidding Document 8

7 Clarification of Bidding Documents, 9

8 Amendment of Bidding Document 9

C Preparation of Bids 9

9 Cost of Bidding 9

10 Language of Bid 9

11 Documents Comprising the Bid 10

12 Letter of Bid and Price Schedules 10

13 Alternative Bids 10

14 Bid Prices and Discounts 11

15 Currencies of Bid and Payment 12

16 Documents Establishing the Eligibility and Conformity of the

Goods and Related Services 12

17 Documents Establishing the Eligibility and Qualifications of the Bidder 13

18 Period of Validity of Bids 13

19 Bid Security 14

20 Format and Signing of Bid 16

D Submission and Opening of Bids 16

21 Sealing and Marking of Bids 16

22 Deadline for Submission of Bids 17

29 Determination of Responsiveness 20

30 Nonconformities, Errors and Omissions 21

31 Correction of Arithmetical Errors 21

32 Evaluation of Bids 21

33 Comparison of Bids 22

34 Qualification of the Bidder 23

35 Purchaser’s Right to Accept Any Bid, and to Reject Any or All Bids 23

Section I Instructions to Bidders

A General

1 Scope of bid 1.1 The Purchaseras specified in the Bid Data Sheet(BDS) issues

the Bidding Document for selection of Bidder to supply ofGoods and Related Services incidental thereto as specified inSection VII, Schedule of Requirements

1.2 Title of the procurement package is stated in the BDS The

number and identification of lots comprising this procurement

package are provided in the BDS.

1.3 Throughout these Bidding Documents:

(a) the term “in writing” means communicated in writtenform (e.g by mail, e-mail, fax, telex) with proof of re-ceipt;

(b) if the context so requires, “singular” means “plural” andvice versa; and

(c) “day” means calendar day

Borrower intends to apply a portion of the funds to eligiblepayments under the contract(s) for which this BiddingDocument is issued

2.2 Payments by the Bank will be made only at the request of theBorrower and upon approval by the Bank in accordance with theterms and conditions of the financing agreement between theBorrower and the Bank (hereinafter called the FinancingAgreement), and will be subject in all respects to the terms andconditions of that Financing Agreement No party other than theBorrower shall derive any rights from the Financing Agreement

or have any claim to the funds

3 Corrupt and

Fraudulent Practices 3.1 The Bank requires compliance with its policy in regard tocorrupt and fraudulent practices as set forth in Section VI

3.2 In further pursuance of this policy, Bidders shall permit and shall

consultants, service providers or suppliers and to permit theBank to inspect all accounts, records and other documentsrelating to the submission of the application, bid submission (incase prequalified), and contract performance (in the case ofaward), and to have them audited by auditors appointed by theBank.

4 Eligible

Bidders 4.1 A Bidder may be a firm that is a private entity, a government-owned entity—subject to ITB 4.5—or any combination of

such entities in the form of a joint venture (JV) under anexisting agreement In the case of a joint venture, allmembers shall be jointly and severally liable for the execution

of the Contract in accordance with the Contract terms The JVshall nominate a Representative who shall have the authority

to conduct all business for and on behalf of any and all themembers of the JV during the bidding process and, in theevent the JV is awarded the Contract, during contract

execution Unless specified in the BDS, there is no limit on

the number of members in a JV

4.2 A Bidder shall not have a conflict of interest All Biddersfound to have a conflict of interest shall be disqualified ABidder may be considered to be in a conflict of interest with one

or more parties in this bidding process, if including but notlimited to:

(a) they have controlling shareholders in common; or(b) they receive or have received any direct or indirect subsidyfrom any of them; or

(c) they have the same legal representative for purposes of thisbid; or

(d) they havea relationship with each other, directly or throughcommon third parties, that puts them in a position to haveaccess to material information about or improperlyinfluence the bid of another Bidder, or influence thedecisions of the Purchaser regarding this bidding process;or

(e) a Bidderparticipates in more than one bid in this biddingprocess, either individually or as a partner in a jointventure, except for alternative offers permitted under ITBClause 13 Participation by a Bidder in more than one Bidwill result in the disqualification of all Bids in which suchBidder is involved However, subject to any finding of aconflict of interest in terms of ITB 4.2 (a) - (d) above, thisdoes not limit the inclusion of the same subcontractor in

another bid or of a firm as a subcontractor in more than onebid; or

(f) a Bidder or any of its affiliates participated as a consultant

in the preparation of the design or technical specifications

of the goods that are the subject of the bid; or(g) a Bidderor any of its affiliates has been hired (or isproposed to be hired) by the Purchaser or Borrower for theContract implementation; or

(h) would be providing goods, works, or non-consultingservices resulting from or directly related to consultingservices for the preparation or implementation of theproject specified in the BDS ITB 2.1 that it provided orwere provided by any affiliate that directly or indirectlycontrols, is controlled by, or is under common control withthat firm; or

(i) has a close business or family relationship with a sional staff of the Borrower (or of the project implementingagency, or of a recipient of a part of the loan) who: (i) aredirectly or indirectly involved in the preparation of the bid-ding documents or specifications of the contract, and/or thebid evaluation process of such contract; or (ii) would be in-volved in the implementation or supervision of such con-tract unless the conflict stemming from such relationshiphas been resolved in a manner acceptable to the Bankthroughout the procurement process and execution of thecontract

profes-4.3 ABidder and all parties constituting the bidder, shall have thenationality of an eligible country in accordance with Section

V (Eligible Countries) ABidder shall be deemed to have thenationality of a country if the Bidder is constituted,incorporated or registered in and operates in conformity withthe provisions of the laws of that country, as evidenced by itsarticles of incorporation (or equivalent documents ofconstitution or association) and its registration documents, asthe case may be This criterion also shall apply to thedetermination of the nationality of proposed sub-contractors

or sub-consultants for any part of the Contract includingrelated Services

4.4 A Bidder shall not be eligible to participate in any procurementactivities under a Bank financed or Bank supported project whileunder sanction by the Bank pursuant to its Policy set forth in

Bank, or imposed by the Bank pursuant to the Agreement forMutual Enforcement of Debarment Decisions ortemporarysuspension by the Bank pursuant to its Policy set forth in Section

VI A bid from a debarred or temporarily suspended firm will berejected The list of the debarred firms and individuals is

available at the electronic address specified in the BDS

4.5 Bidders that are Government-owned enterprises or institutions inVietnam may participate only if they can establish that they (i)are legally and financially autonomous (ii) operate undercommercial law, and (iii) are not dependent agencies of the

Purchaser and the executing agency of the project as specified in the BDS

4.6 Firms and individuals may be ineligible if so indicated inSection V and (a) as a matter of law or official regulations,Vietnam prohibits commercial relations with that country,provided that the Bank is satisfied that such exclusion doesnot preclude effective competition for the supply of goods orthe contracting of works or services required and complieswith the Bank's policies on recognition of national sanctions;

or (b) by an act of compliance with a decision of the UnitedNations Security Council taken under Chapter VII of theCharter of the United Nations, Vietnam prohibits any import

of goods or contracting of works or services from thatcountry, or any payments to any country, person, or entity inthat country

4.7 A Bidder shall provide such evidence of eligibility satisfactory

to the Purchaser, as the Purchasershall reasonably request

5 Eligible Goods

and,Related Services

5.1 All the Goods and Related Services to be supplied under the Contract and financed by the Bank may have their origin in any country in accordance with Section V, Eligible Countries.5.2 For purposes of this Clause, the term"goods" includes

commodities rawmaterials, machinery, equipment, and industrial plants; and “related services” includes services such

as insurance, installation, training, and initial maintenance.5.3 The term“origin” means the country wherethe goods have been mined, grown, cultivated, produced, manufactured or

processed; or, through manufacture, processing, or assembly, another commercially recognized product results that differs substantially in its basic characteristics from its components.5.4.The nationality of the firm that produces, assembles, distributes or

sells the goods shall not determine their origin.

B Contents of Bidding Document

Part 1 Bidding Procedures

 SectionI Instructions to Bidders (ITB)

 Section II Bidding Data Sheet (BDS)

 Section III Evaluation and Qualification Criteria

 Section IV Bidding Forms

 Section V Eligible Countries

 Section VI Bank Policy-Corrupt and Fraudulent

Practices

PART 2 Supply Requirements

 Section VII Schedule of Requirements

PART 3 Conditions and Forms of Contract

 Section VIII General Conditions of Contract(GCC)

 Section XII Special Conditions of Contract (SCC)

 Section XIII Contract Forms

6.2 The Invitation for Bids issued by the Purchaser is not part ofthe Bidding Document

6.3 Unless obtained directly from the Purchaser, the Purchaser isnot responsible for the completeness of the document,responses to requests for clarification, or Addenda to theBidding Document in accordance with ITB 8 In case of anycontradiction, documents obtained directly from the Purchasershall prevail

6.4 The Bidder is expected to examine all instructions, forms,terms, and specifications in the Bidding Documents and tofurnish with its Bid all information or documentation asrequired by the Bidding Documents

Bidding Documents, contact the Purchaser in writing at the Purchaser’s address

specified in the BDS The Purchaser will respond in writing to

any request for clarification, provided that such request is

received no later than number of days specified in the BDS

prior to the deadline for submission of bids The Purchaser shallforward copies of its response to all Bidders who have acquiredthe Bidding Documents from the Purchaser in accordance withITB 6.3, including a description of the inquiry but withoutidentifying its source Should the clarification result in changes

to the essential elements of the Bidding Documents, thePurchaser shall amend the Bidding Documents following theprocedure under ITB 8 and ITB 22.2

8.3 Thetime to send the addendum of Bidding Document to allBidders who have acquired the Bidding Documents from the

Purchaser shall be stipulatedin the BDS To give prospective

Bidders reasonable time in which to take an addendum intoaccount in preparing their bids, the Purchaser may, at itsdiscretion, extend the deadline for the submission of bids,pursuant to ITB 22.2 The Bidders are required to notify thePurchaser in writing that the addendum has been received by one

of the following methods: sending letter directly, by post, fax oremail

10 Language of

Bid 10 The Bid, as well as all correspondence and documents relating tothe bid exchanged by the Bidder and the Purchaser, shall be

written in Vietnamese Supporting documents and printedliterature that are part of the Bid may be in another languageprovided they are accompanied by an accurate translation of

the relevant passages into the Vietnamese, in which case, for

purposes of interpretation of the Bid, such translation shallgovern

11 Documents

Comprising the Bid 11.1 The Bid shall comprise the following:

(a) Letter of Bid in accordance with ITB12;

(b) Completed schedules, in accordance with ITB 12 and14;

(c) Bid Security, in accordance with ITB 19.1;

(d) written confirmation authorizing the signatory of theBid to commit the Bidder, in accordance with ITB 20.2(e) documentary evidence in accordance with ITB 17estab-lishing the Bidder’s qualifications to perform the con-tract if its bid is accepted;

(f) documentary evidence in accordance with ITB 17 lishing the Bidder’s eligibility to bid;

estab-(g) documentary evidence in accordance with ITB 16, thatthe Goods and Related Services to be supplied by theBidder are of eligible origin;

(h) Documentary evidence in accordance with ITB 16 and

30, that the Goods and Related Services conform to theBidding Documents;

(i) Alternative bids, if permissible, in accordance with ITB13;

(j) Agreement of JV in case the Bidder is a JV.;

(k) Any other document required in the BDS.

11.2 The Bidder shall furnish in the Letter of Bid information oncommissions and gratuities, if any, paid or to be paid to agents or anyother party relating to this Bid

12 Letter of Bid

and Price Schedules

12.1 The Letter of Bid and Price Schedules shall be prepared usingthe relevant forms furnished in Section IV, Bidding Forms

13 Alternative

Bids 13.1 Unless otherwise specified in theBDS, alternative bids shallnot be considered

14.Bid Prices and

Discounts

14.1 The prices and discounts quoted by the Bidder in the Letter ofBid and in the Price Schedules shall conform to therequirements specified below

14.2 All lots (contracts) and items must be listed and priced

14.3 The price to be quoted in the Letter of Bid in accordance withITB 12.1 shall be the total price of the bid, excluding anydiscounts offered

14.4 The Bidder shall quote any discounts and indicate themethodology for their application in the Letter of Bid, inaccordance with ITB 12.1

14.5 Prices quoted by the Bidder shall be fixed during the Bidder’sperformance of the Contract and not subject to variation on

any account, unless otherwise specified in the BDS A bid

submitted with an adjustable price quotation shall be treated

as nonresponsive and shall be rejected, pursuant to ITB 29.However, if in accordance with the BDS, prices quoted by theBidder shall be subject to adjustment during the performance

of the Contract, a bid submitted with a fixed price quotationshall not be rejected, but the price adjustment shall be treated

as zero

14.6 If so specified in ITB 1.1, bids are being invited for individuallots (contracts) or for any combination of lots (packages)

Unless otherwise specified in the BDS, prices quoted shall

correspond to 100 % of the items specified for each lot and to100% of the quantities specified for each item of a lot.Bidders wishing to offer discounts for the award of more thanone Contract shall specify in their bid the price reductionsapplicable to each package, or alternatively, to individualContracts within the package Discounts shall be submitted inaccordance with ITB 14.4 provided the bids for all lots(contracts) are opened at the same time

14.7 The term EXW shall be governed by the rules prescribed inthe current edition of Incoterms, published by The

International Chamber of Commerce, as specified in theBDS.

14.8 Prices shall be quoted as specified in each Price Scheduleincluded in Section IV, Bidding Forms The dis-aggregation ofprice components is required solely for the purpose offacilitating the comparison of bids by the Purchaser Prices shall

be entered in the following manner:

(i) the price of the Goods quoted EXW (works, factory, ex warehouse, ex showroom, or off-the-shelf,

ex-as applicable), including all customs duties and salesand other taxes already paid or payable on thecomponents and raw material used in the manufacture

or assembly of the Goods;

(ii) any sales tax and other taxes which will be payable on

the Goods in Vietnam if the contract is awarded to theBidder; and

(iii) the price for inland transportation, insurance, and otherlocal services required to convey the Goods to theirfinal destination (Project Site) (inclusive of any

applicable taxes) specified in the BDS.

14.9 For Related Services, other than inland transportation andother services required to convey the Goods to their finaldestination, whenever such Related Services are specified inthe Schedule of Requirements:

(a) the price of each item comprising the Related Services(inclusive of any applicable taxes)

15 Currencies of

Bid and Payment

15.1 The currency of the bid and the currency of payments shall beVietnamese Dong

16.1 To establish the eligibility of the Goods and Related Services

in accordance with ITB 5, Bidders shall complete the country

of origin declarations in the Price Schedule Forms, included inSection IV, Bidding Forms

16.2 To establish the conformity of the Goods and Related Services

to the Bidding Documents, the Bidder shall furnish as part ofits Bid the documentary evidence that the Goods conform tothe technical specifications and standards specified in SectionVII, Schedule of Requirements

16.3 The documentary evidence may be in the form of literature,drawings or data, and shall consist of a detailed item by itemdescription of the essential technical and performancecharacteristics of the Goods and Related Services,demonstrating substantial responsiveness of the Goods andRelated Services to the technical specification, and ifapplicable, a statement of deviations and exceptions to theprovisions of the Section VII, Schedule of Requirements.16.4 The Bidder shall also furnish a list giving full particulars,including available sources and current prices of spare parts,special tools, etc., necessary for the proper and continuing

functioning of the Goods during the period specified in theBDS following commencement of the use of the goods by

the Purchaser

16.5 Standards for workmanship, process, material, and equipment,

specified by the Purchaser in the Schedule of Requirements,are intended to be descriptive only and not restrictive TheBidder may offer other standards of quality, brand names,and/or catalogue numbers, provided that it demonstrates, tothe Purchaser’s satisfaction, that the substitutions ensuresubstantial equivalence or are superior to those specified inthe Section VII, Schedule of Requirements.

17.2 The documentary evidence of the Bidder’s qualifications toperform the contract if its bid is accepted shall establish to thePurchaser’s satisfaction:

(a) that, if required in theBDS, a Bidder that does not

manufacture or produce the Goods it offers to supply shallsubmit the Manufacturer’s Authorization using the formincluded in Section IV, Bidding Forms to demonstrate that

it has been duly authorized by the manufacturer orproducer of the Goods to supply these Goods in Vietnam;(b) that, if required in theBDS,in case of a Bidder not doing

business within Vietnam, the Bidder is or will be (ifawarded the contract) represented by an Agent in thecountry equipped and able to carry out the Supplier’smaintenance, repair and spare parts-stocking obligationsprescribed in the Conditions of Contract and/orTechnical Specifications; and

(c) that the Bidder meets each of the qualification criterionspecified in Section III, Evaluation and QualificationCriteria

18 Period of

Validity of Bids

18.1 Bids shall remain valid for the period specified in theBDS

after the bid submission deadline date prescribed by thePurchaser in accordance with ITB 22.1 A bid valid for ashorter period shall be rejected by the Purchaser asnonresponsive

18.2 In exceptional circumstances, prior to the expiration of the bidvalidity period, the Purchaser may request bidders to extendthe period of validity of their bids The request and the

1 The Bidder shall have their original documents ready for the verification upon the request of the Purchaser.

responses shall be made in writing The Bid Security asrequested in accordance with ITB 19 shall also be extended for

30 days beyond the deadline of the extended validity period If

a bidder refuses to extend its bid validity as required, the bidshall not be further evaluated and its bid security will bereturned A Bidder granting the request shall not be required orpermitted to modify its bid

19 Bid Security 19.1 The Bidder shall furnish as part of its bid a bid security in a

form of unconditional guarantee issued by a bank or financialinstitution which is legally operating in Vietnam or in theform of a certified check in accordance with ITB 19.2 In thecase of a bank guarantee, the bid security shall be submittedeither using the bid security Form included in Section IV,Bidding Forms, or in another substantially similar formatapproved by the Purchaser prior to bid submission The bidsecurity shall be valid for thirty (30) days beyond the originalvalidity period of the bid, or beyond any period of extension ifrequested under ITB 18.2

19.2 In case of Joint Venture, the bid security shall comply with one

of the following :a) Each JV partners shall provide a separate bid se-curity;however, the aggregate amount of bid se-curities submitted by all JV partners must meetthe requirement specified in Bid Data Sheet ITB19.2 If the bid security of any JV partner is deter-mined to be nonresponsive, the bid of the JV shall

be rejected If any JV partner is in breach of therules resulting in forfeiture of bid security in ac-cordance with ITB 19.6, then bid securities of all

JV partners shall be forfeited

b) All partners of the JV shall nominate one partner to arrange asingle bid security for itself and all other partners in the JV In thiscase, the bid security shall be in the name of the JV or the name ofthe partner who arranges the bid security for the entire JV providedthat the total amount is not less than the required amount in Bid DataSheet ITB 19.2 If any JV partner is in breach of the rules resulting

in forfeiture of the bid security in accordance with ITB 19.6, the bidsecurity shall be forfeited

19.2 Amount of the bid security shall be as specified in the BDS

19.3Any bid not accompanied by a substantially responsive bidsecurity shall be rejected by the Purchaser as non responsive 19.4The bid security of unsuccessful Bidders shall be returned aspromptly as possible upon the successful Bidder’s signing theContract and furnishing the performance security pursuant toITB 40.

19.5 The bid security of the successful Bidder shall be returned aspromptly as possible once the successful Bidder has signed theContract and furnished the required performance security.19.6 The bid security may be forfeited:

(a) if a Bidder withdraws its bid during the period of bidvalidity specified by the Bidder on the Letter of Bid,

or any extension thereto provided by the Bidder; or(b) if the successful Bidder fails to:

(i) sign the Contract in accordance with ITB 39; or(ii) furnish a performance security in accordancewith ITB 40; or

(iii) accept the arithmetical correction of its Bid inaccordance with ITB 31

specified in the BDS and clearly mark them “COPY”.In theevent of any discrepancy between the original and the copies, theoriginal shall prevail

20.2 The original of the bid shall be typed or written in indelible inkand numbered pages continuously Letter of Bid, ,supplementary documents, clarifications to bid, price schedulesand other schedules in Chapter IV – Bidding forms shall besigned by a person duly authorized to sign on behalf of theBidder and be stamped This authorization shall consist of a

written confirmation as specified in the BDS and shall be

attached to the bid The name and position held by each personsigning the authorization must be typed or printed below thesignature All pages of the bid where entries or amendmentshave been made shall be signed or initialed by the person signing

20.4 Any inter-lineation, erasures, or overwriting shall be valid only

if they are signed or initialed by the person signing the bid

D Submission and Opening of Bids

21 Sealing and

Marking of Bids

21.1 The Bidder shall enclose the original and all copies of the bid,including alternative bids, if permitted in accordance with ITB

13, in separate sealed envelopes, duly marking the envelopes

as “Original”, or “Alternative” and “Copy.” These envelopescontaining the original and the copies shall then be enclosed

in one single envelope

21.2 The inner and outer envelopes shall:

(a) bear the name and address of the Bidder;

(b) be addressed to the Purchaser in accordance with ITB22.1;

(c) bear the specific identification of this bidding processindicated in ITB 1.1; and

(d) bear a warning not to open before the time and date forbid opening

21.3 If all envelopes are not sealed and marked as required, thePurchaser will assume no responsibility for the misplacement

or premature opening of the bid

22 Deadline for

Submission of Bids

22.1 Bids must be received by the Purchaserat the address and no

later than the date and time specifiedin theBDS.

22.2 The Purchaser may at its discretion, extend the deadline for thesubmission of bids by amending the Bidding Documents inaccordance with ITB 8, in which case all rights andobligations of the Purchaser and Bidders previously subject tothe deadline shall thereafter be subject to the deadline asextended

23 Late Bids 23.1 The Purchaser shall not consider any bid that arrives after the

deadline for submission of bids in accordance with ITB 22.Any bid received by the Purchaser after the deadline forsubmission of bids shall be declared late, rejected, andreturned unopened to the Bidder

(a) prepared and submitted in accordance with ITB 20 and

21 (except that withdrawal notices do not requirecopies), and in addition, the respective envelopes shall

be clearly marked “WITHDRAWAL,” “SUBSTITUTION,” or

“MODIFICATION;” and(b) received by the Purchaser prior to the deadlineprescribed for submission of bids, in accordance withITB 22

24.2 Bids requested to be withdrawn in accordance with ITB 24.1shall be returned unopened to the Bidders

24.3 No bid may be withdrawn, substituted, or modified in theinterval between the deadline for submission of bids and theexpiration of the period of bid validity specified by the Bidder

on the Letter of Bid or any extension thereof

25 Bid Opening 25.1 Except in the cases specified in ITB 23 and 24, the Purchaser

shall publicly open and read out in accordance with ITB 25.3all bids received by the deadlineat the date, time and place

specified in theBDSin the presence of Bidders’ designated

representatives and anyone who chooses to attend

25.2 First, envelopes marked “WITHDRAWAL” shall be openedand read out and the envelope with the corresponding bidshall not be opened, but returned to the Bidder No bidwithdrawal shall be permitted unless the correspondingwithdrawal notice contains a valid authorization to request thewithdrawal and is read out at bid opening Next, envelopesmarked “SUBSTITUTION” shall be opened and read out andexchanged with the corresponding bid being substituted, andthe substituted bid shall not be opened, but returned to theBidder No bid substitution shall be permitted unless thecorresponding substitution notice contains a valid

authorization to request the substitution and is read out at bidopening Envelopes marked “MODIFICATION” shall beopened and read out with the corresponding bid No bidmodification shall be permitted unless the correspondingmodification notice contains a valid authorization to requestthe modification and is read out at bid opening Only bidsthatare opened and read out at bid opening shall be consideredfurther.

25.3 All other envelopes shall be opened one at a time following thealphabetical sequence of the Bidders’ names and sequencebelow:

a) Examine the seals;

b) Open bids and read out: the name of the Bidder andwhether there is a modification; the total Bid Price, perlot (contract) if applicable, including any discounts andalternative bids; the presence or absence of a bidsecurity; and any other details as the Purchaser mayconsider appropriate Only discounts and alternativebids read out at bid opening shall be considered forevaluation

c) The Letter of Bid and the Price Schedules shall beinitialized by the representative of the Purchaserparticipating in the Bid Opening No bid shall berejected at bid opening (except for late bids inaccordance with ITB 23) nor shall the merit of anybidbe discussed

25.4 The Purchaser shall prepare a record of the bid opening thatshall include, as a minimum: the name of the Bidder andwhether there is a withdrawal, substitution, or modification;the Bid Price, per lot (contract) if applicable, including anydiscounts, and alternative bids; and the presence or absence of

a Bid Security The Bidders’ representatives who are presentshall be requested to sign the record The omission of aBidder’s signature on the record shall not invalidate thecontents and effect of the record A copy of the record shall bedistributed to all Bidders

E Evaluation and Comparison of Bids

26 Confidentiality 26.1 Information relating to the evaluation of bids and

recommendation of contract award, shall not be disclosed tobidders or any other persons not officially concerned with the

communication to all Bidders in accordance with ITB 40 26.2 Any effort by a Bidder to influence the Purchaser in theevaluation or contract award decisions may result in therejection of its Bid.

26.3 Notwithstanding ITB 26.2, from the time of bid opening to thetime of Contract Award, if any Bidder wishes to contact thePurchaser on any matter related to the bidding process, itshould do so in writing

27 Clarification of

Bids

27.1 To assist in the examination, evaluation, comparison of thebids, and qualification of the Bidders, the Purchaser may, atits discretion, ask any Bidder for a clarification of its Bid Anyclarification submitted by a Bidder in respect to its Bid andthat is not in response to a request by the Purchaser shall not

be consideredThe Purchaser’s request for clarification and theresponse shall be in writing No change, including anyvoluntary increase or decrease, in the prices or substance ofthe Bid shall be sought, offered, or permitted, except toconfirm the correction of arithmetic errors discovered by thePurchaser in the Evaluation of the bids, in accordance withITB 31

27.2 If a Bidder does not provide clarifications of its bid by thedate and time set in the Purchaser’s request for clarification,its bid may be rejected

(b) “Reservation” is the setting of limiting conditions orwithholding from complete acceptance of therequirements specified in the Bidding Documents; and(c) “Omission” is the failure to submit part or all of theinformation or documentation required in the BiddingDocuments

29 Determination of

Responsiveness 29.1 The Purchaser’s determination of a bid’s responsiveness is tobe based on the contents of the bid itself, as defined in ITB 11

29.2 A substantially responsive Bid is one that meets therequirements of the Bidding Documents without materialdeviation, reservation, or omission A material deviation,

reservation, or omission is one that:

(a)if accepted, would (i) affect in any substantial way the scope, quality,

or performance of the Goods and Related vices specified in the Contract; or

Ser-(ii) limit in any substantial way, inconsistent withthe Bidding Documents, the Purchaser’s rights

or the Bidder’s obligations under the Contract;or

(b)if rectified, would unfairly affect the competitive tion of other bidders presenting substantially respon-sive bids

posi-29.3 The Purchaser shall examine the technical aspects of the bidsubmitted in accordance with ITB 16 and ITB 17, in particular,

to confirm that all requirements of Section VII, Schedule ofRequirements have been met without any material deviation orreservation, or omission

29.4 If a bid is not substantially responsive to the requirements ofBidding Documents, it shall be rejected by the Purchaser andmay not subsequently be made responsive by correction of thematerial deviation, reservation, or omission

or documentation, within a reasonable period of time, torectify nonmaterial nonconformities or omissions in the bidrelated to documentation requirements Such omission shallnot be related to any aspect of the price of the Bid Failure ofthe Bidder to comply with the request may result in therejection of its Bid

30.3 Provided that a bid is substantially responsive, the Purchasershall rectify quantifiable nonmaterial nonconformities related

to the Bid Price To this effect, the Bid Price shall beadjusted, for comparison purposes only, to reflect the price of

a missing or non-conforming item or component

31.Correction of

Arithmetical Errors 31.1 Provided that the Bid is substantially responsive, the Purchasershall correct arithmetical errors on the following basis:

(a)if there is a discrepancy between the unit price and theline item total that is obtained by multiplying the unitprice by the quantity, the unit price shall prevail andthe line item total shall be corrected, unless in theopinion of the Purchaser there is an obvious mis-placement of the decimal point in the unit price, inwhich case the line item total as quoted shall governand the unit price shall be corrected;

(b)if there is an error in a total corresponding to the tion or subtraction of subtotals, the subtotals shallprevail and the total shall be corrected; and

addi-(c)if there is a discrepancy between words and figures, theamount in words shall prevail, unless the amount ex-pressed in words is related to an arithmetic error, inwhich case the amount in figures shall prevail subject

to (a) and (b) above

31.2 Bidders shall be requested to accept correction of arithmeticalerrors If the Bidder that submitted the lowest evaluated Biddoes not accept the correction of errors, its Bid shall berejected, and its bid security may be forfeited

32.Evaluation of Bids 32.1 The Purchaser shall use the criteria and methodologies listed in

this Clause No other evaluation criteria or methodologiesshall be permitted

32.2 To evaluate a Bid, the Purchaser shall consider the following:

(a)evaluation will be done for Items or Lots (contracts), as

specified in the BDS; and the Bid Price as quoted in

accordance with clause 14;

(b)price adjustment for correction of arithmetic errors inaccordance with ITB 31.1;

(c)price adjustment due to discounts offered in accordancewith ITB 14.4;

(d)price adjustment due to quantifiable nonmaterial conformities in accordance with ITB 30.3;

non-(e)the additional evaluation factors are specified in SectionIII, Evaluation and Qualification Criteria;

32.3 The estimated effect of the price adjustment provisions of theConditions of Contract, applied over the period of execution ofthe Contract, shall not be taken into account in bid evaluation.32.4 If these Bidding Documents allows Bidders to quote separate

prices for different lots (contracts), the methodology todetermine the lowest evaluated price of the lot (contract)combinations, including any discounts offered in the Letter ofBid Form, is specified in Section III, Evaluation andQualification Criteria

32.5 The Purchaser’s evaluation of a bid may require theconsideration of other factors, in addition to the Bid Price quoted

in accordance with ITB 14 These factors may be related to thecharacteristics, performance, and terms and conditions ofpurchase of the Goods and Related Services The effect of thefactors selected, if any, shall be expressed in monetary terms to

facilitate comparison of bids, unless otherwise specified in the BDS from amongst those set out in Section III, Evaluation and

Qualification Criteria The criteria and methodologies to be usedshall be as specified in ITB 32.2 (e)

33.Comparison of

Bids

33.1 The Purchaser shall compare the evaluated prices of allsubstantially responsive bids established in accordance withITB 32.2 to determine the lowest evaluated bid Thecomparison shall be on the basis ofEXW prices, plus cost ofinland transportation and insurance to place of destination,together with prices for any required installation, training,commissioning and other services The evaluation of pricesshall take into account sales and similar taxes levied inconnection with the sale or delivery of goods

34 Qualification of

the Bidder

34.1 The Purchaser shall determine to its satisfaction whether theBidder that is selected as having submitted the lowestevaluated and substantially responsive bid meets thequalifying criteria specified in Section III, Evaluation andQualification Criteria

34.2 The determination shall be based upon an examination of thedocumentary evidence of the Bidder’s qualificationssubmitted by the Bidder, pursuant to ITB 17

34.3 An affirmative determination shall be a prerequisite for award

of the Contract to the Bidder A negative determination shallresult in disqualification of the bid, in which event thePurchaser shall proceed to the next lowest evaluated bid tomake a similar determination of that Bidder’s qualifications toperform satisfactorily

35 Purchaser’s

Right to Accept Any

Bid, and to Reject

Any or All Bids

35.1 The Purchaser reserves the right to accept or reject any bid, and

to annul the bidding process and reject all bids at any timeprior to contract award, without thereby incurring any liability

to Bidders In case of annulment, all bids submitted and

36.Award Criteria 36.1 Subject to ITB 35.1, The Purchaser shall award the Contract to

the Bidder whose bid has been determined to be the lowestevaluated bid and is substantially responsive to the BiddingDocuments, provided further that the Bidder is determined to

be qualified to perform the Contract satisfactorily

of Requirements, provided this does not exceed the

percentages specified in the BDS, and without any change in

the unit prices or other terms and conditions of the bid and theBidding Documents

38 Notification of

Award 38.1 Prior to the expiration of the period of bid validity, thePurchaser shall notify the successful Bidder, in writing, that

its Bid has been accepted The notification letter (hereinafterand in the Conditions of Contract and Contract Forms calledthe “Letter of Acceptance”) shall specify the sum that thePurchaser will pay the Supplier in consideration of the supply

of Goods (hereinafter and in the Conditions of Contract andContract Forms called “the Contract Price”) At the sametime, the Purchaser shall also notify all other Bidders of theresults of the bidding and shall publish in ProcurementGazette or well-known freely accessible website the resultsidentifying the bid and lot (contract) numbers and thefollowing information:

(i) name of each Bidder who submitted a Bid;

(ii) bid prices as read out at Bid Opening;

(iii) name and evaluated prices of each Bid that wasevaluated;

(iv) name of bidders whose bids were rejected and thereasons for their rejection; and

(v) name of the successful Bidder, and the Price it offered,

as well as the duration and summary scope of thecontract awarded

38.2 Until a formal Contract is prepared and executed, thenotification of award shall constitute a binding Contract.38.3 The Purchaser shall promptly respond in writing to any

unsuccessful Bidder who, after notification of award inaccordance with ITB 38.1, requests in writing the grounds onwhich its bid was not selected.

40.2 Failure of the successful Bidder to submit the mentioned Performance Security or sign the Contract shallconstitute sufficient grounds for the annulment of the awardand forfeiture of the Bid Security In that event the Purchasermay award the Contract to the next lowest evaluated Bidder,whose bid is substantially responsive and is determined by thePurchaser to be qualified to perform the Contractsatisfactorily

in the Vietnam Procurement Law) as specified in the BDS The

procurement complaint shall be handled in accordance with theVietnam Procurement Law

Section II Bid Data Sheet (BDS)

The following specific data for the goods to be procured shall complement, supplement,

or amend the provisions in the Instructions to Bidders (ITB) Whenever there is a conflict, the provisions herein shall prevail over those in ITB.

[Instructions for completing the Bid Data Sheet are provided, as needed, in the notes in italics mentioned for the relevant ITB Clauses.]

A General

ITB 1.1 The Purchaser is: [insert name of the Purchaser]

ITB 1.1 Name of procurement package: [insert complete package name as

described in approved procurement plan]

Project title: [insert Project title as described in approved procurement

plan]

The number and identification of lots comprising this procurement package

is: [insert number and identification of lots (if the procurement package

is divided into several lots)]

ITB 2.1 The financing institution is: [insert Asian Development Bank (ADB) or

The International Bank for Reconstruction and Development or the International Development Association]

ITB 2.1 Loan or Financing Agreement amount:[insert US$

equivalent]

The name of the Project is:[insert name of the project]

ITB 4.1 Maximum number of members in the JV shall be: [insert a

number] _

IITB 4.4 For ADB: Please insertthe text below and delete the text for WB:

A list of debarred firms and individuals is available on the Bank’sexternal website: http://www.adb.org/site/integrity/sanctions

For WB: Please insert the text below and delete the text for ADB:

A list of debarred firms and individuals is available on the Bank’s externalwebsite: http://www.worldbank.org/debarr

ITB 4.5 The Employer: [insert name of the Employer]

The project executing agency: [insert name of the executing agency as specified in the Financing Agreement]

Firms wholly- or partly-owned by the state should submit the followingdocuments:

- Updated list of shareholders (if relevant)

- Any other relevant document that may establish/confirm the firm’s status

B Contents of Bidding DocumentsITB 7.1 For C larification of bid purposes only, the Purchaser’s address is:

Attention: [ [insert full name of person, if applicable]

Address: [insert street address and number]

Floor/ Room number: [insert floor and room number, if applicable] City:] [insert name of city or town]

ZIP Code:[insert postal (ZIP) code, if applicable]

Country: : Vietnam

Telephone: [insert telephone number, including country and city codes] Facsimile number: [insert fax number, including country and city codes] Electronic mail address: [insert email address, if applicable]

Requests for clarification should be received by the Purchaser no later

than: [insert no of days] prior to the deadline for submissions of Bids.

ITB 8.3 The Addendum of the Bidding Document shall be sent to all bidders who

have obtained the bidding document from the Purchaser The addendumshall be sent no later than: [insert no of days] before the bid submissiondeadline

[The number of days given must be long enough for the bidder to take the addendum into account in preparing their bids and not shorter than

3 working days].

If the Purchaser fails to send the addendum within the period as specified

as above, the Purchaser shall extend the deadline for submission of Bids

C Preparation of Bids

ITB 11.1

(k) The Bidder shall submit the following additional documents in its bid: [list any additional document not already listed in ITB Sub-Clause 11.1 that

must be submitted with the Bid]

ITB 13.1 Alternative Bids [insert “shall be” or “shall not be”] considered

[If alternatives shall be considered, the methodology shall be defined in Section III – Evaluation and Qualification Criteria See Section III for further details ]:

ITB 14.5 The prices quoted by the Bidder [insert “shall “or “shall not”] be subject

to adjustment during the performance of the Contract

ITB 14.6 Prices quoted for each lot (contract) shall correspond at least to [insert

figure] percent of the items specified for each lot (contract).

Prices quoted for each item of a lot shall correspond at least to[insert

figure]percent of the quantities specified for this item of a lot.

ITB 14.7 The Incoterms edition is: [insert relevant edition].

ITB 14.8

(iii)

“Final destination (Project Site)”: [insert name of location where the

Goods are to be actually delivered]

ITB 16.4 Period of time the Goods are expected to be functioning (for the purpose

of spare parts): [insert duration ]

ITB 17.2 (a) Manufacturer’s authorization is: [insert “required” or “not required”]

ITB 17.2 (b) After sales service is: [insert “required” or “not required”]

ITB 18.1 The bid validity period shall be:…… Days from the deadline

for bid submission[insert a number of days with maximum 180 days.]

ITB 19.2 Bid Security:

The amount of the bid security shall be: [Insert amount of the bid

security in VND]

[specify value of Bid Security in VND.Depending on the nature of the package, the amount of the bid security may be equal to 1-1.5% of theestimated value of the package.].

ITB 20.1 In addition to original of Bid, the Bidders are requested to submit:

_[insert number] copies.

ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder

shall consist of: [insert the name and description of the documentation

required to demonstrate the authority of the signatory to sign the Bid Employer may wish to consider the following language:

“An organizational document, board resolution or its equivalent, or power of attorney specifying the representative’s authority to sign the Bid on behalf of the Bidder If the Bidder is an existing joint venture, the power of attorney should be signed by all partners and specify the authority of the named representative of the joint venture to sign on behalf of the existing joint venture.”]

D Submission and Opening of BidsITB 22.1 Purchaser's address (to submit bids): [insert all necessary information as

appropriate]

Recipients: [name of Purchaser]

- Number of house /floor/room:

- Street name:

- City:

- Country: Vietnam

The deadline for bid submission is:

Date:[insert day, month, and year, e.g 15 June, 2008]

Time: [insert time, and identify if a.m or p.m., e.g 10:30 a.m.]

[The date and time should be the same as those provided in the Invitation for Bids, unless subsequently amended pursuant to Clause 22.2.]

[Insert the date, time as appropriate to the size and nature of the package The time allowed for the preparation and submission of bids for large and/or complex packages shall not be less than thirty (30) days from the date of the invitation to bid or the date of availability of the bidding documents, whichever is later]

ITB 25.1 The bid opening shall take place at:

Street Address: [insert street address and number]

Floor/ Room number: [insert floor and room number, if applicable] City: [insert name of city or town]

Country: Vietnam

Date:[insert day, month, and year, e.g.15 June, 2008]

Time: [insert time, and identify if a.m or p.m e.g 10:30 a.m.] [Date

and time should be the same as those given for the deadline for submission of bids (Clause 22).]

E Evaluation and Comparison of Bids

ITB

32.2(a)

Evaluation will be done for…… [Select Items or Lots(contracts)]

Note:

[Select one of the two sample clauses below as appropriate

Bids will be evaluated for each item and the Contract will comprise the item(s) awarded to the successful Bidder.

Or Bids will be evaluated lot by lot If a Price Schedule shows items listed but not priced, their prices shall be assumed to be included in the prices of other items An item not listed in the Price Schedule shall be assumed to

be not included in the bid, and provided that the bid is substantially responsive, the average price of the item quoted by substantially responsive bidders will be added to the bid price and the equivalent total cost of the bid

so determined will be used for price comparison.]

ITB 32.5 The adjustments shall be determined using the following criteria, from

amongst those set out in Section III, Evaluation and Qualification Criteria:

[refer to Schedule III, Evaluation and Qualification Criteria; insert complementary details if necessary]

(a) Deviation in Delivery schedule: [insert Yes or No If yes

insert the adjustment factor]

(b) Deviation in payment schedule: [insert Yes or No If yes

insert the adjustment factor]

(c) the cost of major replacement components, mandatory spare parts, and

service: [insert Yes or No If yes, insert the Methodology and

criteria]

(d) the availability in Vietnam of spare parts and after-sales services for

the equipment offered in the bid [ insert Yes or No, If yes, insert the Methodology and criteria]

(e) the projected operating and maintenance costs during the life

of the equipment [insert Yes or No, If yes, insert the Methodology

and criteria]

[InsertYes or No If yes, insert the Methodology and criteria]

[insert any other specific criteria]

ITB 41.1 - The Purchaser’s address: [insert name, address, tel, fax of the Purchaser]

- The Competent Person’s address: [insert name, address, tel, fax of the

Competent Person]

- The Advisory Panel:[insert name, address, tel, fax of the Advisory Panel]