Professional Documents
Culture Documents
BIDDING DOCUMENTS
<FIRST STAGE>
Package number :
Issued on : …………………..
Issued together with Decision ………………..
CONSULTING BY OWNER
INSTITUTE OF ENERGY HAI PHONG THERMAL POWER
JOINT STOCK COMPANY
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ABBREVIATIONS
EPC Engineering-Procurement of goods-Construction
ITB Instructions to Bidders
BDS Bid Data Sheet
BD Bidding document
BD 1st (2nd) First (Second) Stage Bidding Document
GCC General Conditions of Contract
PCC Particular Conditions of Contract
Law on bidding Law on bidding No. 43/2013/QH13 dated November 26,
2013 of the National Assembly
Decree 63/CP Government’s Decree No. 63/2014/ND-CP dated June 26,
2014 on guidelines for the Law on Investment in terms of
selection of Contractors
VND Vietnamese dong
USD US Dollar
EUR Euro
TPP Thermal Power Plant
TD Technical Design
SCR Selective Catalytic Reduction Reactor
De-NOx NOx Decontamination
FGD Flue-gas desulfurization
De-SO2 SO2 Decontamination
CEMS Continuous emissions monitoring system
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TABLE OF CONTENT
Part 1
BIDDING PROCEDURES
Content Page
Chapter I. Instructions to Bidders
Section 1. Scope of Bid
Section 2. Sources of Funds
Section 3. Fraud and Corrupt Practices
Section 4. Eligible Bidders and Eligible Materials, Equipment and Services
Section 5. Contents of Bidding Document
Section 6. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting
Section 7. Amendment of Bidding Document
Section 8. Cost of Bidding
Section 9. Language of Bid
Section 10. Documents Comprising the Bid
Section 11. Letter of Bid and Schedules
Section 12. Documents Establishing the Eligibility and Qualifications of the
Bidder
Section 13. Technical Proposal
Section 14. Bid Prices and Discounts
Section 15. Alternative Bids
Section 16. Currencies of Bid and Payment
Section 17. Period of Validity of Bids
Section 18. Bid Security
Section 19. Format and Signing of Bid
Section 20. Sealing and Marking of Bids
Section 21. Deadline for Submission of Bids
Section 22. Late Bids
Section 23. Withdrawal, Substitution, and Modification of Bids
Section 24. Confidentiality
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Section 25. Clarification of Bids
Section 26. Deviations, Reservations and Omissions
Section 27. Responsiveness of Bids
Section 28. Nonmaterial Nonconformities
Section 29. Subcontractors
Section 30. Incentives in Selection of Bidders
Section 31. First Stage Technical Proposal Opening
Section 32. First Stage Technical Proposal Evaluation
Section 33. Financial Proposal Opening
Section 34. Financial Proposal Evaluation and Ranking of Bidders
Section 35. Negotiation of Contract
Section 36. Conditions for Successful Bidder
Section 37. Publishing results of bidder selection
Section 38. Letter of Acceptance and Award of Contract
Section 39. Bidding Cancellation
Section 40. Conditions for Signing of Contract
Section 41. Performance Security
Section 42. Handling Complaints in Bidding
Section 43. Monitoring Bidder Selection Progress
Chapter II. Bid Data Sheet (BDS)
Chapter III. Evaluation and Qualification Criteria
Section 1. Evaluation of Validity of First Stage Technical Proposal
Section 2. Qualification Criteria
Section 3. First Stage Technical Evaluation Criteria
Section 4. Evaluation of Validity of the Financial Proposal
Section 5. Financial Evaluation Criteria
Chapter IV. Bidding Forms
A. Letter of Technical Bid
Form No. 01. Letter of Bid
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Form No. 02. Power of Attorney
Form No. 03. Joint Venture Agreement
Form No. 04. Bid Security
Form No. 05a. Bidder’s Information Sheet
Form No. 05b. JV’s Information Sheet
Form No. 06. List of companies in charge of package work
Form No. 07. Previous Contract Non-Fulfillment Records
Form No. 08. Pending Litigation
Form No. 09. Historical Financial Situation of Bidder
Form No. 10. Average Annual Turnover from consultancy, procurement of
goods and construction
Form No. 11. Financial Resources
Form No. 12. Monthly financial resources for Contracts being executed
Form No. 13. Similar Contracts
Form No. 14. Proposed Personnel for Key Positions
Form No. 15. Resume of Personnel for Key Positions
Form No. 16 (a). Working Experience
Form No. 16(b). Confirmation of EPC Contractor's reputation in similar
projects
Form No. 17 (a). List of construction equipment
Form No. 17 (b). Commodity declaration
Form No. 18 (a). Subcontractors scope of works
Form No.18 (b). Proposed Special Subcontractors (not applied)
Form No.18 (c). Comments on Subcontractors’ ideas
B. Letter of Financial Bid
Form No. 19(a). Letter of Bid (without discount offer in the Letter of Bid or
with discount offer submitted in a separate Letter of Discount)
Form No.19 (b). Letter of Bid (with discount offer in the Letter of Bid)
Form No. 20. Grand Summary
Form No. 21. Summary of demand for currencies
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Form No. 22. Detailed bid price table
Form 25a. Declarations of domestically-produced costs of Goods eligible for
incentives
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Part 2
OWNER’S REQUIREMENTS
Chapter V. Project and Package
1. Project
2. Package
Chapter VI. Time Schedule
1. Time Schedule of Project
2. Time Schedule of Package and Milestones
Chapter VII. Technical Specifications
1. General requirements
2. Basic design of the owner
3. Specific technical requirements
4. Warranty requirements
Chapter VIII. Drawings
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Part 3
CONDITIONS OF CONTRACT
Chapter IX. General Conditions Of Contract
Chapter X. Special Conditions of Contract
Appendix 1. Examples of special conditions of Contract
Chapter XI. Contract Forms
Form No. 26. Letter of Acceptance and Notification of Award
Form No. 27. Contract Agreement
Form No. 28. Performance Security
Form No. 29. Bank Guarantee for Advance payment
Form No. 30. Taking Over Certificate
Form No. 31. Completion Certificate
Form No. 32 – 38. <Not application>
Form No. 39. Specific Time Schedule
Form No. 40. List of Documents for Approval or Review by Owner
Form No. 41. List of Subcontractors
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Part 1
BIDDING PROCEDURES
Chapter I
INSTRUCTIONS TO BIDDERS
1. Scope of Bid 1.1. The Owner indicated in the BDS issues these First Stage
Bidding Documents to specific the list of qualified Bidder
meeting technical requirements in first stage and (2) to establish
official technical requirements for these Second Stage Bidding
Documents in relation with implementation works for the EPC
package as specified in Part 2 – Owner’s Requirements.
1.2. The name and number of package prescribed in the BDS.
1.3. Contract duration shall comply with the BDS.
2. Sources of Sources of Funds (or capital-raising methods) to be used for the
Funds package are specified in the BDS.
3. Fraud and 3.1. Bribery
Corruption 3.2. Take advantage of positions, powers aiming to interfere
illegally in a bidding process.
3.3. Collusive bidding, including the following acts:
a) Agreeing on bidding withdrawal or withdrawal of Letter of Bid
already been submitted so that one party or parties in agreement
win bid;
b) Agreeing that one party or parties jointly prepare(s) Bidding
Documents so that one party may win bid;
c) Agreeing on refusal for supply of Goods, refusal for
concluding Contracts with Subcontractors, or causing of other
difficulties to parties those refuse to participate in agreement.
3.4. Fraudulent practice, including the following acts:
a) Providing a wrong presentation intentionally or falsifying
information, documents of a Bidder with the aim to obtain
financial benefits or other benefits or with the aim to avoid any
obligation;
b) Individuals who directly assess the Bidding Documents and
results of Bidder selection provide wrong reports or untrue
information falsifying the results of Bidder selection;
c) Bidders intentionally provide dishonest information in the
Bidding Documents falsifying the result of Bidder selection.
3.5. Interference practice, including the following acts:
a) Destroying, cheating, changing, hiding proof or reporting
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contrary to the truth; threatening, disturbing or suggesting with
any Bidder with the aim to prevent the clarification of corrupt,
fraudulent or conclusive practice with authorities in charge of
supervisions, inspections and audit;
b) Impeding Bidders, authorities in charge of supervision,
inspection and audit.
3.6. Inequality and in transparency, including the following acts:
a) The Owner makes a Bid as a Bidder or performs tasks of a
Bidder for its own Invitation for bids.
b) Formulating and engaging in evaluation of the Bidding
Documents of the same package;
c) Engaging in evaluation of the Bidding Documents and
assessing the results of Bidder selection of the same package;
d) Any individual of the Owner, Owner directly participates in
the Bidder selection process, or participates in an expert group or
evaluation group for results of Bidder selection, or a Head of the
Owner has packages of which his or her natural parent, parent-in-
law, spouse, natural child, adopted child, son or daughter-in-law
or sibling is a Bidder or a legal representative of the Owner;
e) The Owner make a bid for the EPC package for which it
provided consultancy services;
f) Any individual makes a bid in his/her name for the package of
a project whose Owner or Owner is his/her workplace within 12
months, from the date on which he/she quits his/her job from
such workplace;
g) Applying a method of Bidder selection other than National
Competitive Bidding upon the satisfaction of requirements
prescribed in the Law on bidding;
h) Specifying detailed requirements pertaining to trademarks and
origin of Goods in the Invitation for Bids;
i) Dividing a project into packages contrary to the provisions in
the Law on Bidding with the aim to apply Direct Contracting or
Bidder limitations.
3.7. Disclosing or receiving the following documents in terms of
the Bidder selection process, other than the cases prescribed in
Point b Clause 7 of Article 73, Clause 12 of Article 74, Point i
Clause 1 of Article 75, Clause 7 of Article 76, Clause 7 of Article
78, Point d Clause 2 of Article 92 of the Law on Bidding:
a) Contents of the Bidding Documents before the issuing time as
prescribed;
b) Contents of Bid, notebooks and minutes of bid consideration
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meetings, comments and evaluation regarding each Bid prior to
the announcement of the results of Bidder selection;
c) Contents of Requests for Clarification of Bids made by the
Owner and responses of the Bidder during the process of
evaluation of Bids prior to announcement of the results of Bidder
selection;
d) Reports of the Owner and expert group, evaluation reports,
reports of consulting Bidder, reports of relevant specialized
agencies during the Bidder selection process prior to
announcement of the results of Bidder selection;
e) Results of Bidder selection prior to the stipulated time for
announcement;
f) Other documents during the Bidder selection process that are
stamped "confidential" as prescribed by law.
3.8. Contract transfer, including the following acts:
a) Any Bidder transfers to another Bidder a part of work under
package at value of 10% or more or under 10% but greater than
VND 50 billion (after deducting part of work under
responsibilities of Subcontractors) calculated on the Contract
Price;
b) The investment owner or the supervision consultant permits
the Bidder to transfer work under their duties, except for the part
of work under duties of Subcontractors as stated in Contract.
3.9. Holding selection of Bidder when the Sources of Funds for
the package has not yet been determined, resulting in insolvency
of the Bidder.
4. Eligible 4.1. An eligible Bidder must:
Bidders and a) Have been granted an enterprise registration certificate, an
Eligible Supply, establishment decision or equivalent issued by a competent
Equipment and authority of the country in which the Bidder is operating;
Services
b) Keep independent accounting records;
c) Be not undergoing dissolution process, is not thrown into
bankruptcy, and does not incur bad debts as prescribed by law;
d) Ensure the competitiveness in bidding as prescribed in the
BDS;
e) Be not banned from bidding as prescribed in law on bidding;
f) Have registered on national bidding network
http://muasamcong.mpi.gov.vn
g) Have Parties in the joint venture or Subcontractors being
Vietnamese Bidder as prescribed in BDS.”
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4.2. Eligible Materials, Equipment and Related Services:
a) All the Materials, Equipment and Related Services to be
supplied under the Contract may be considered eligible if they
have clear and lawful origin. The Bidder must specify symbols,
trademarks (if any) and origin of primary major supply and
equipment. The Owner may request the Bidder to provide
supporting documents for origin of the supply and equipment.
Regarding other types of supply and equipment, the Bidder must
specify their origin during the execution of the Contract.
b) The term “origin” means the country or territory where a
product is wholly obtained or produced completely; or the place
where the last substantial transformation took place for a product
which has been produced in more than one country;
c) Documents proving the origin of supply and equipment, and
eligibility of Related Services may consist of: Certificate of
origin, certificate of quality, bill of lading, deliverables related to
supply and equipment; and documents proving the eligibility of
Services provided for the package.
5. Contents of 5.1. The First Stage Bidding Documents consists of Notice of
Bidding Updates of The First Stage Bidding Documents (if any) and Parts
Documents 1, 2, and 3 in conjunctions with any Addendum issued in
accordance with ITB Section 7. (If any).
5.2. The Owner is not responsible for the accuracy and
completeness of the First Stage Bidding Documents and their
addenda, minutes of pre-bid meeting (if any) or documents on
amendments to the First Stage Bidding Documents as specified in
ITB Section 7 if they were not obtained directly from the Owner.
If documents received by the Bidder and documents issued by the
Owner are different, the later shall apply.
5.3. The Bidder shall to examine all instructions, forms, terms,
and specifications in terms of the Owner’s requirements and
financial requirements and other requirements in the First Stage
Bidding Documents to furnish the Proposal Document including
of all information or documentation required by the First Stage
Bidding Documents.
6. Clarification of 6.1. A prospective Bidder requiring any clarification of the First
Bidding Stage Bidding Documents shall contact the Owner in writing or
Documents, Site ask questions in the pre-bid meeting (if any) as specified in ITB
Visit, Pre-Bid Section 6.4. The Owner will respond in writing to any request for
Meeting clarification, provided that such request is received no later than a
given days prior to the deadline for submission of Bid as
specified in BDS. The Owner shall forward copies of its response
to all those who have acquired the First Stage Bidding
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Documents directly from it, including a description of the inquiry
but without identifying its source. Should the Owner deem it
necessary to amend the First Stage Bidding Documents as a
result of a clarification, it shall do so following the procedure
under ITB Section 7 and ITB Section 21.2.
6.2. The Bidder is advised to visit and examine the site and its
surroundings and obtain for itself on its own responsibility all
information that may necessary for preparing the First Stage
Proposal Document and entering into a Contract. The costs of
visiting the site shall be at the Bidder’s own expenses.
6.3. The Bidder and any of its personnel or agents will be granted
permission by the Owner to enter upon its premises and lands for
the purpose of such visit, but only upon the express condition that
the Bidder, its personnel, and agents will release and indemnify
the Owner and its personnel and agents from and against all
liability in respect thereof. The Bidder, its personnel, and agents
will be responsible for accidents, loss or damage to property, and
any other loss, damage, costs, and expenses incurred as a result
of the inspection. In exceptional circumstances, the Owner shall
provide the Bidder with guidelines for Site Visit as specified in
BDS.
6.4. The Owner shall hold a Pre-Bid Meeting if provided for in
the BDS. The purpose of the meeting will be to clarify issues and
to answer questions on any matter that may be raised in
connection with the Bidding Documents. The Bidder is
requested, as far as possible, to submit any question in writing, to
reach the Owner before the pre-bid meeting.
Minutes of the pre-bid meeting shall include: the text of the
questions rose (without identifying the source), and the responses
given by the Owner. The minutes of the pre-bid meeting will be
transmitted to all Bidders who have acquired the Bidding
Documents from the Owner. Should the Owner deem it necessary
to amend the First Stage Bidding Documents as a result of a pre-
bid meeting, it shall do so following the procedure under ITB
Section 7, the minutes of the pre-bid meeting is different from the
addendum of the First Stage Bidding Documents. Absence from
the pre-bid meeting is not a reason for disqualifying a Bidder.
7. Amendment of 7.1. At any time prior to the deadline for submission of Bid, the
the First Stage Owner may amend the Bidding Documents by issuing addendum.
Bidding 7.2. Any addendum issued shall be part of the First Stage Bidding
Documents Documents and shall be communicated in writing to all who have
obtained the Bidding Documents directly from the Owner.
7.3. Each addendum shall be sent to all Bidders who have
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obtained the first Stage Bidding Documents directly from the
Owners within a given time as specified in the BDS. To give
prospective Bidders reasonable time in which to take an
addendum into account in preparing their First Stage Proposal
Bidding, the Owner may extend the deadline for submission of
Bid, pursuant to ITB Section 21.2. The Bidder must notify the
Owner of the receipt of the addendum in wiring, by post, via fax
or email.
8. Cost of The Bidder shall bear all costs associated with the preparation
Bidding and submission of its First Stage Proposal Bidding. The Owner
shall not be responsible or liable for those costs.
9. Language of First Stage Proposal Bidding, as well as all correspondence and
Bid documents relating to the First Stage Proposal Bidding
exchanged by the Bidder and the Owner, shall be written in the
language prescribed in the BDS.
10. Documents The First Stage Proposal Bidding includes Technical Proposal
comprising the and Financial Proposal, which comprise the following:
Bid 10.1. The First Stage Technical Proposal includes administrative
documents, legal documents, qualification documents, technical
proposals of the Bidder as required by the First Stage Bidding
Documents. In particular:
a) Letter of the First Stage Technical Proposal in accordance with
ITB Section 11 ;
b) Joint venture agreement (for any Bidder in a joint venture)
using form 03 Chapter IV - Bidding Forms;
c) Bid Security, in accordance with ITB Section 18;
d) Written confirmation of eligible Bidder, in accordance with
ITB Section 4.1;
e) Written confirmation of origin of supply and equipment and
eligibility of services in accordance with ITB Section 4.2
f) Written confirmation authorizing the signatory of the Bid to
commit the Bidder, in accordance with ITB Section 19.3;
g) Documentary evidence in accordance with ITB Section 12
establishing the Bidder’s qualifications;
h) Technical Proposal in accordance with ITB Section 13.
10.2. The First Stage Financial Proposal shall include the
following:
a) Letter of Financial Bid in accordance with ITB Section 11;
b) Financial Proposal and Schedules, in accordance with ITB
Section 11 and Section 14.
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10.3. Alternative the Proposal Bidding, in accordance with ITB
Section 15; in conjunction with Financial Proposal related to the
Alternative Bids (if any);
10.4. Any other document specified in the BDS.
11. Letter of Bid The Bidder shall submit the Letter of First Stage Technical
and Schedules Proposal Bidding and Letter of First Stage Financial Proposal
Bidding, and equivalent Schedules using the forms furnished in
Chapter IV - Bidding Forms.
12. Documents The Bidder shall fill essential information in the forms mentioned
Establishing the in Chapter IV – Bidding Forms to establish the Bidder’s
Qualifications of qualifications to perform the Contract in accordance with Chapter
the Bidder III - Evaluation and Qualification Criteria for the First Stage
Proposal Bidding. The Bidder shall prepare original documents
for verification at the request of the Owner. In case of application
of the prequalification, if there is any change to the information
about the Bidder’s qualification between the Bid and the
application for prequalification, the new information shall be
updated; if not, the Bidder shall issue a commitment to satisfy all
the package’s criteria.
13. Technical The Bidder shall furnish the First Stage Technical Proposal
Proposal Bidding including a statement of work methods, equipment,
personnel, schedule and any other information as stipulated in
Chapter IV - Bidding Forms, in sufficient detail to demonstrate
the adequacy of the Bidder’s proposal to meet the work
requirements and the completion time.
14. Bid Prices 14.1. Bid price means the price to be quoted in the Letter of the
and Discounts First Stage Financial Proposal Bidding, including the total price
of the bid (excluding any discounts offered) to perform the
package, in accordance with Part 2 – Owner’s requirements.
14.2. The Bidder shall submit the First Stage Proposal Bidding
with all lots and items specified in ITB Section 1.1 and the Bid
unit price and amount of all lots and items shall be stated in
columns "Description" in the Grand Summary and Bill of
Quantities for each item or component prescribed in Forms No.
20, 21, 22 Chapter IV - Bidding Forms. In case the Bidder insert
no value or insert “0” in the columns “Unit Price” and “Total
Price”, the Bidder shall be considered allocating the price of this
work item to another work item of the package, the Bidder shall
be responsible for performing these work items in conformity
with the First Stage Bidding Documents’ requirements and
technical adjustments in the Second Stage Bidding Documents (if
any) and without any payment from the Owner during the
Contract performance, except for total price quoted by item or
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component in the First Stage Financial Proposal Bidding and
value adjustment in the Second Stage Financial Proposal Bidding
(the case is technical adjustments).
14.3. Discount offered by the Bidder shall be written directly on
the Letter of First Stage Proposal Bidding or on a separate Letter
of Discount. The Bidder shall specify the discounting method and
discounted items mentioned in Columns “List of Goods” and
“Description”. If discounting method is not specified, it will be
understood all items mentioned in the columns “Description”
receive equal discounts. The Letter of Discount may be submitted
separately or together with the First Stage Proposal Bidding as
long as the Owner receives it before the deadline for submission
of Bid. Any Letter of Discount separately submitted shall comply
with ITB Sections 20.2 and 20.3. The Letter of Discount shall be
preserved as part of the First Stage Proposal Bidding and opened
together with the Bid.
14.4. The Bidder shall be held accountable for their unit price to
perform task as required by the Bidding Document, if the Bid
Price is not unusual, the Owner may request the Bidder to clarify
the proportion of unit price in accordance with ITB Section 25.
The Bid Price quoted by the Bidder shall include all taxes, fees
and charges (if any) determined at 28 days prior the deadline for
submission of the Proposal Bidding. In case the Bid Price is not
inclusive of taxes, fees and charges (if any), the Proposal Bidding
of the Bidder shall be rejected.
14.5. Second Stage Financial Proposal Bidding is only compiled
with the technical adjustment content in the Second Stage
Bidding Document. Bidders are not financial proposals for
technical non- adjustment content in the Second Stage Bidding
Document to compare with First Stage Bidding Document.
15. Technical The Bidder is encouraged to propose a technical solution
suggestions, initiative that the Bidder deems beneficial to the project and to
initiatives, the Owner but it does not exceed the value of the Bidding
comments in the package and meets the project objective.
First Stage Initiatives and suggestions of Bidder must be presented in a clear
Proposal Bidding and concise manner according to Form 18 (c).
16. Bid currency The Bid currency and Payment currency are prescribed in BDS.
and Payment
currency
payment
17. Period of 17.1. The First Stage Proposal Bidding including the First Stage
Validity of Bids Technical Proposal Bidding and First Stage Financial Proposal
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Bidding shall remain valid for the period that is not shorter than
the period specified in the BDS. The Owner as non-responsive
shall reject the First Stage Proposal Bidding or the First Stage
Financial Proposal Bidding valid for a shorter period.
17.2. In exceptional circumstances, prior to the expiration of the
First Stage Proposal Bidding including validity period, the Owner
may request bidders to extend the period of validity of their First
Stage Proposal Bidding including (including the period of
validity of including the First Stage Technical Proposal Bidding
and or the First Stage Financial Proposal Bidding). If a Bid
Security is requested, it shall also be extended for a
corresponding period (equivalent to the extended validity period
plus 30 days). If the Bidder refuse the request, its First Stage
Proposal Bidding shall not be kept considering and the Bid
Security shall be returned. The Bidder accepting the request may
not change any content of the First Stage Proposal Bidding. The
request and the responses shall be made in writing.
18. Bid Security 18.1. When submitting a bid, the Bidder shall furnish a Bid
Security before the deadline for submission of Bid in the form of
either a letter of credit or branch of foreign bank established
under the laws of Vietnam using Form No. 04 Chapter IV –
Bidding Forms or in another form provided that it contains
essential contents. In the event that the validity period of the First
Stage Proposal Bidding is extended as prescribed in ITB Section
17.2, the Bid Security is also extended with the same validity
period.
If a joint venture make a Proposal Bidding, it may perform the
Bid Security following one of two methods below:
a) Every JV’s Party may perform separate Bid Security provided
that total value of the Bid Security is not lower than that
mentioned in ITB Section 18.2; if the Bid Security is not valid,
the First Stage Proposal Bidding of the joint venture shall be
rejected as non-responsive. If any JV’s Party violates law on
bidding leading its Bid Security is not returned as prescribed in
ITB Section 18.5, and the Bid Security shall not be returned.
b) If all JV’s Parties conclude an agreement in which one Party
will be responsible for its Bid Security or for Bid Security of
other Parties in the joint venture. The Bid Security shall be in the
name of the joint venture or the JV’s Party in charge provided
that the total value is not lower than that mentioned in ITB
Section 18.2. If any JV’s Party violates law on bidding leading its
Bid Security is not returned as prescribed in ITB Section 18.5,
and the Bid Security shall not be returned.
18.2. Value, currency and validity period of the Bid Security shall
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be specified in the BDS.
18.3. A Bid Security shall be not considered valid in one of the
following cases: it has lower value, shorter validity period as
required in ITB Section 18.2, inaccurate the Owner’s name
(beneficiary), non-original paper and invalid signature and
accompanying of disadvantaged conditions to the Owner.
18.4. The unsuccessful Bidder shall be either returned or released
the Bid Security within the period as prescribed in the BDS, from
the date on which the notification of the Bidder selection is sent.
With regard to the successful Bidder, the Bid Security shall be
returned or released after the Bidder performs Performance
Security.
18.5. The Bid Security shall not be returned in one of the
following cases:
a) The Bidder withdraws its First (Second) Stage Bidding
Document (including the First Stage Technical Proposal Bidding
or the First Stage Financial Proposal Bidding or the Second Stage
Proposal Bidding) after the deadline for submission of Bid and
during the period of bid validity;
b) The Bidder violates law on bidding which leads to be
cancelled bid as prescribed in ITB Section 39.1;
c) The Bidder fails to furnish the Performance Security as
prescribed in ITB Section 41;
d) The Bidder fails to or refuses to negotiate finalize the Contract,
within a period of 05 days from the date of receipt of notification
of Contract negotiation except for force majeure cases;
e) The Bidder fails or refuses to finalize and sign the Contract,
within a period as mentioned in the notification of Contract
award sent by the Owner except for force majeure cases.
19. Format and 19.1. The Bidder shall prepare the documents comprising the Bid
Signing of First consisting of: 1 original copy of Technical Proposal and 1
Stage Bid original copy of Financial Proposal as described in ITB Section
10 and a number of photocopies of the Technical Proposal,
Financial Proposal as prescribed in the BDS. The cover of the
documents comprising the Bid shall be clearly marked “FIRST
STAGE TECHNICAL PROPOSAL ORIGINAL”, “FIRST
STAGE FINANCIAL PROPOSAL ORIGINAL”, “FIRST
STAGE TECHNICAL PROPOSAL PHOTOCOPY”, and “FIRST
STAGE FINANCIAL PROPOSAL PHOTOCOPY”.
If there any amendments to or replacement for the First Stage
Technical Proposal Bidding or for the First Stage Financial
Proposal Bidding, the Bidder shall prepare one original and a
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number of photocopies of the Bid as prescribed in the BDS. The
cover of documents shall be clearly marked “MODIFIED FIRST
STAGE TECHNICAL PROPOSAL ORIGINAL”, “MODIFIED
FIRST STAGE TECHNICAL PROPOSAL PHOTOCOPY”,
“MODIFIED FIRST STAGE FINANCIAL PROPOSAL
ORIGINAL”, “MODIFIED FIRST STAGE FINANCIAL
PROPOSAL PHOTOCOPY”, “SUBSTITUED FIRST STAGE
TECHNICAL PROPOSAL ORIGINAL”, “SUBSTITUED
FIRST STAGE TECHNICAL PROPOSAL PHOTOCOPY”,
“SUBSTITUED FIRST STAGE FINANCIAL PROPOSAL
ORIGINAL”, and “SUBSTITUED FIRST STAGE FINANCIAL
PROPOSAL PHOTOCOPY”.
19.2. The Bidder shall be responsible for the discrepancy
between the original and the copies. In the event of any
discrepancy between the original and the copies does not lead to
any change to the rank of the Bidder, the original shall prevail. In
the event of any discrepancy between the original and the copies
leading change to the rank of the Bidder, the Proposal Bidding
shall be rejected.
19.3. The original of the First Stage Technical Proposal Bidding
and the First Stage Financial Proposal Bidding shall be typed or
written in indelible ink and have page numbers. Letter of Bid,
Letter of Discount (if any), additional documents, clarifying
documents, Price Schedule and other forms prescribed in Chapter
IV - Bidding Forms must bear the signature and seal of the
Bidder’s legal representative or authorized representative (if
any). The authorized representative must obtain a Power of
Attorney using form 02 of Chapter IV – Bidding Forms or a copy
of the Company Charter, a certified Decision on Establishment of
branch or other documents proving the competence of the
authorized representative, and it shall be submitted together with
the Proposal Bidding.
19.4. If the Bidder is a joint venture, the First Stage Proposal
Bidding must bear the signatures of legal representatives or all
JV’s Parties or the Party that represents the joint venture
according to the joint venture agreement. In order to ensure that
all JV’s Parties are legally bound, the joint venture agreement
must bear the signatures of legal representatives of all JV’s
Parties.
19.5. Any interlineations, erasures, or overwriting shall be valid
only if they are signed or initialed by the person signing the Bid.
20. Sealing and 20.1. The First Stage Technical Proposal Bidding envelope
Marking of First contains the original and the copies and clearly marks it “THE
Stage Proposal FIRST STAGE TECHNICAL PROPOSAL BIDDING”. The First
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Bidding Stage Financial Proposal Bidding envelope contains the original
and the copies and clearly marks it “THE FIRST STAGE
FINANCIAL PROPOSAL BIDDING”.
If there is any revision or replacement of First Stage Technical
Proposal Bidding or First Stage Financial Proposal Bidding, the
modified or alternative documents (including the original and the
copies) shall be put into separate envelopes and clearly mark it
“MODIFIED FIRST STAGE TECHNICAL PROPOSAL
BIDDING”, “SUBSTITUTE FIRST STAGE TECHNICAL
PROPOSAL BIDDING”, “MODIFIED FIRST STAGE
FINANCIAL PROPOSAL BIDDING”, “SUBSTITUTE FIRST
STAGE FINANCIAL PROPOSAL BIDDING”.
These envelopes: including Technical Proposal Bidding,
Financial Proposal Bidding, Modified Technical Proposal
Bidding, Modified Financial Proposal Bidding, Substitute
Technical Proposal Bidding, Substitute Financial Proposal
Bidding (if any) shall be sealed. The sealing of envelopes shall
comply with regulations provided by the Bidder.
20.2. The outer envelopes shall:
a) bear the name and address of the Bidder;
b) be addressed to the Owner in accordance with ITB Section
21.1;
c) bear the name of the procurement in accordance with ITB
Section 1.2; and
d) bear a warning: “not to open before the time and date for the
First Stage Technical Proposal Bidding opening” regarding
envelopes of the First Stage Technical Proposal Bidding,
Modified First Stage Technical Proposal Bidding, or Substitute
First Stage Technical Proposal (if any); bear a warning “Do not to
open before the time and date of the First Stage Financial
Proposal Bidding opening” regarding envelopes of First Stage
Financial Proposal, Modified First Stage Financial Proposal, or
Substitute First Stage Financial Proposal (if any).
20.3. If the envelopes are not sealed or the seals thereof are lost
during the process they are transferred to the Owner, or they are
not marked as required in ITB Sections 20.1. And 20.2, the
Bidder shall be responsible for those violations. The Owner will
assume no responsibility for the confidentiality of the bid if the
Bidder fails to comply with above regulations.
21. Deadline for 21.1. The First Stage Proposal Bidding must be received by the
the submission of Owner at the address and no later than the deadline for
First Stage Bids submission of Bid specified in the BDS. The Owner shall receive
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The First Stage Proposal Bidding of all Bidders submitted before
the deadline for submission of The First Stage Proposal Bidding,
including those who have bought or received the First Stage
Bidding Documents from the Owner. Any Bidder that has not
bought the First Stage Bidding Documents must pay the Owner
an amount equal to the selling price for a set of Bidding
Documents before their Bid envelopes are received.
21.2. The Owner may extend the deadline for submission of Bid
by amending the First Stage Bidding Documents in accordance
with ITB Section 7, in which case all rights and obligations of the
Owner and Bidders previously subject to the deadline shall
thereafter be subject to the deadline as extended.
22. Late the First The Owner shall not consider any the First Stage Proposal
Stage Proposal Biddings that arrives after the deadline for submission of First
Bidding Stage Proposal Bidding. Any the First Stage Proposal Biddings
received by the Owner after the deadline for submission of bids
shall be declared late, rejected and returned unopened to the
Bidder.
23. Withdrawal, 23.1. A Bidder may withdraw, substitute, or modify its First Stage
Substitution, and Proposal Bidding after it has been submitted by sending a written
Modification of notice in accordance with ITB Clause 10, duly signed by a legal
First Stage representative or an authorized representative, and shall include a
Proposal Bidding copy of the Power of Attorney in accordance with ITB Section
19.3. The corresponding substitution or modification of the First
Stage Proposal Bidding must accompany the respective written
notice. All notices must be:
a) Submitted in accordance with ITB Sections 19 and 20, and in
addition, the respective envelopes shall be clearly marked
“MODIFIED FIRST STAGE TECHNICAL PROPOSAL
BIDDING” OR “MODIFIED FIRST STAGE FINANCIAL
PROPOSAL BIDDING” or “SUBSTITUTED FIRST STAGE
TECHNICAL PROPOSAL BIDDING” or “SUBSTITUED
FIRST STAGE FINANCIAL PROPOSAL BIDDING”, or
“WITHDRAWAL FIRST STAGE PROPOSAL BIDDING”; and
b) Received by the Owner prior to the deadline prescribed for
submission of the First Stage Proposal Biddings, in accordance
with ITB Section 21.1.
23.2. First Stage Proposal Biddings requested to be withdrawn in
accordance with ITB Section 23.1 shall be returned unopened to
the Bidders.
23.3. No First Stage Proposal Biddings may be withdrawn,
substituted, or modified in the interval between the deadline for
submission of the First Stage Proposal Bidding and the expiration
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of the period of bid validity specified by the Bidder on the Letter
of the Proposal Bidding or any extension thereof.
24. 24.1. Information relating to the evaluation of the Proposal
Confidentiality Bidding, and recommendation of Contract award, shall not be
disclosed to bidders or any other persons not officially concerned
with such process until publication of result evaluation of the
Proposal Bidding . No information mentioned in the Proposal
Bidding of the Bidder is disclosed to any other bidders, except
for information disclosed at the Technical Proposal Bidding
opening.
24.2. Except for case of the First Stage Proposal Bidding
clarification prescribed in ITB Section 25 and the negotiation of
Contract, the Bidder is not permitted to contact to the Owner on
any matter related to its bid and the package from the bid opening
time until the publication of result evaluation of the First Stage
Proposal Bidding.
25. Clarification 25.1. After opening the First Stage Technical Proposal Bidding,
of Bids the Bidder is responsible for clarifying the First Stage Technical
Proposal Bidding at the request of the Owner. Any request for
clarification of the Owner and any response of the Bidder shall be
in writing. In the event that there is no documentary evidence
establishing the Bidder’s qualifications in the First Stage
Technical Proposal Biddings, the Owner shall request the Bidder
to clarify and supplement that documentary evidence. Regarding
technical proposals mentioned in the First Stage Technical
Proposal Bidding, the clarification may not change essential
information about the Bidder, the First Stage Technical Proposal
Bidding and Bid price. The Bidder must notify the Owner of the
receipt of the addendum in wiring, by post, via fax or email.
25.2. Requirement of the Meeting in Clarification of the First
Stage Technical Proposal Bidding between the Bidder and the
Owner shall be in writing. The Clarification of the First Stage
Technical Proposal Bidding at the meeting shall be objective and
transparent.
25.3. During the period prescribed in the BDS, in the event that
there is no documentary evidence establishing the Bidder’s
qualifications in the First Stage Technical Proposal Biddings, the
Bidder may supplement that documentary evidence. The Owner
shall receive the Clarification of First Stage Technical Proposal
Bidding sent by the Bidder; documentary evidence establishing
the Bidder’s qualifications shall be an integral part of the Bid.
The Owner shall notify of receipt of Clarification of Bids in
writing in writing, by post, by fax or email.
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25.4. The Clarification of First Stage Technical Proposal Bidding
shall only be made between the Bidder and the Owner having the
First Stage Technical Proposal Bidding that needs clarifying. The
Owner shall treat the contents of the Clarification of Bids as an
integral part of the First Stage Technical Proposal Bidding.
Regarding clarification in terms of the Bidder’s qualification,
technical requirements or financial requirements, if the deadline
for clarification expires, but the Bidder fails to send any
clarification or the clarification does not satisfy requirements of
the Owner, the Owner shall evaluate the First Stage Technical
Proposal Bidding sent prior to the deadline for submission of
First Stage Technical Proposal Bidding by the Bidder.
26. Deviations, During the evaluation of First Stage Technical Proposal Biddings,
Reservations, the following definitions apply:
and Omissions 26.1. “Deviation” means a departure from the requirements
specified in the First Stage Bidding Documents;
26.2. “Reservation” means the setting of limiting conditions or
withholding from complete acceptance of the requirements
specified in the First Stage Bidding Documents;
26.3. “Omissions” means the failure to submit part or all of the
information or documentation required in the First Stage Bidding
Documents.
27. 27.1. The Owner shall determine a First Stage Technical Proposal
Determination of Bidding’s responsiveness as prescribed in ITB Section 11.
Responsiveness 27.2. A substantially responsive First Stage Technical Proposal
Bidding means one that meets all the requirements of the First
Stage Bidding Document without material deviation, reservation,
or omission. A material deviation, reservation, or omission is one
that:
a) if accepted, would affect in any substantial way the scope,
quality, or performance of the work; or limit in any substantial
way, inconsistent with the First Stage Bidding Document, the
Owner's rights or the Bidder’s obligations under the proposed
Contracts; or
b) If rectified, would unfairly affect the competitive position of
other Bidders presenting substantially responsive the First Stage
Bidding Document.
27.3. The Owner shall examine all technical aspects of the First
Stage Technical Proposal Biddings submitted in accordance with
ITB Sections 13, in particular, to confirm that all criteria
prescribed in Part 2 – Owner’s requirements, have been met
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without any material deviation, reservation or omission.
27.4. If a First Stage Technical Proposal Biddings is not
substantially responsive to the requirements of the First Stage
Bidding Documents, it shall be rejected and may not
subsequently be made responsive by correction of the material
deviation, reservation, or omission.
27.5. in the event, the Bidder submits the Alternative Bid in
accordance with Section 15 BDS then Alternative Technical shall
be described full detail the suitability of the proposal with
respect to the requirements and duration to be necessary to
complete the work required by the First Stage bidding
documents.
28. Nonmaterial 28.1. Provided that a First Stage Technical Proposal Bidding is
Nonconformities substantially responsive, the Owner may waive any
nonconformity in the bid that does not constitute a material
deviation, reservation or omission.
28.2. Provided that a First Stage Technical Proposal Bidding is
substantially responsive, the Owner may request that the Bidder
submit the necessary information or documentation, within a
reasonable period of time, to rectify nonmaterial nonconformities
in the bid related to documentation requirements. Requesting
information and documentation on such nonconformities shall
not be related to any aspect of the price of the Bid. Failure of the
Bidder to comply with the request may result in the rejection of
its First Stage Technical Proposal Bidding.
29. 29.1. The Contractor is entitled to enter into agreements with
Subcontractor Subcontractors mentioned in the list as prescribed in Form 18(a)
of Chapter IV – Bidding Forms. There is no change to the
responsibilities of the primary Contractor in spite of employment
of any Subcontractor. The Contractor shall be responsible for
quantity, quality, schedule and other responsibilities performed
by the Subcontractor. The Subcontractor’s qualifications shall be
considered during the Contractor’s First Stage Proposal Bidding
evaluation (excluding special Subcontractors). The Contractor is
required to meet all qualification requirements (not considering
qualification of Subcontractor).
If in the First Stage Proposal Bidding, the Contractor does not
propose any Subcontractor for any task, the whole package shall
under responsibilities of the Contractor. If any Subcontractor is
employed during the performance of the Contract, the Contractor
shall be accused of conducting “Contract transfer” as prescribed
in ITB Section 3.
29.2. The Contractor may employ Subcontractors to perform
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works may not exceed the given percentage in the Bid Price as
specified in BDS.
29.3. The Contractor may not Subcontract other tasks mentioned
in the First Stage Proposal Bidding; any Subcontractor other than
those mentioned in the First Stage Proposal Bidding shall not be
replaced or added or Subcontractors may not perform tasks with
a value greater than the value given in ITB 29.2 without a
reasonable and legitimate reasons and the Owner’s consent; if
not, the Contractor shall be accused of conducting “Contract
transfer”.
29.4. The Owner may permit the Contractor to employ special
Subcontractor as prescribed in the BDS. The Contractor shall
make a list of special Subcontractors with qualifications and
work experience using form 18(b) of Chapter IV – Bidding
Forms. The Bidder shall evaluate the special Subcontractor’s
qualifications according to the criteria prescribed in Clause 2.3
Section 2 - Qualification Criteria in Chapter III - Evaluation and
Qualification Criteria If the Subcontractor and the Contractor fail
to satisfy the criteria of the First Stage Bidding Documents, the
First Stage Proposal bidding shall be considered as non-
responsive.
30. Incentives in 30.1. Rules for incentives:
bidder selection a) After incentives are determined, if prospective Proposal
Biddings are equally ranked, the Bidder has proposed the highest
domestic costs or has employed more local labor (over total
amount of wages payable prescribed in the Bid) shall be given
incentives;
b) If the Bidder is eligible for more than one incentive, only the
highest incentive is accepted in accordance with the Bidding
Documents;
c) The incentives shall be determined according to all Bidders’
proposals of consultancy, procurement of goods, and
construction.
30.2. Entities eligible for incentives and determination of
incentives are set out in BDS.
31. The First 31.1. Except for cases prescribed in ITB Sections 22 and 23, all
Stage Technical First Stage Technical Proposal Biddings of Proposal Biddings
Proposal Bidding received prior to the deadline for submission of Proposal
Opening Biddings shall be opened and read out information prescribed in
ITB Section 31.3 by the Owner. The First Stage Technical
Proposal Biddings opening shall be held in public at the address,
date and time specified in the BDS in the witness of participants
being Bidders’ representatives and relevant agencies and
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organizations. The First Stage Technical Proposal Biddings
opening shall be conducted regardless of the absence of any
Bidder’s representative.
31.2. First, envelopes marked “WITHDRAWAL” shall be opened
and read out and the corresponding bid shall not be opened, but
returned to the Bidder. No The First Stage Technical Proposal
Biddings withdrawal shall be permitted unless the corresponding
withdrawal notice contains a valid authorization to request the
withdrawal.
Next, envelopes marked “SUBSTITUTED FIRST STAGE
TECHNICAL PROPOSAL BIDDING” shall be opened and read
out and exchanged with the corresponding Technical Proposal
being substituted; the initial FIRST STAGE TECHNICAL
PROPOSAL BIDDING envelope shall not be opened and
returned to the Bidder as is. No First Stage Technical Proposal
Bidding Substitution shall be permitted unless the corresponding
substitution notice contains a valid authorization to request the
substitution and is read out at the bid opening.
Envelopes marked “MODIFIED FIRST STAGE TECHNICAL
PROPOSAL BIDDING” be opened and read out with the
corresponding Technical Proposal. No Modified First Stage
Technical Proposal shall be permitted unless the corresponding
modification notice contains a valid authorization to request the
modification and is read out at the bid opening. Only envelopes
that are opened and read out at the First Stage Technical Proposal
opening shall be considered further.
31.3. The First Stage Technical Proposal opening shall be
conducted to every First Stage Technical Proposal or Alternative
First Stage Technical Proposal according to the alphabet order of
the Bidders’ names and following procedures:
a) The seals shall be checked and the envelopes marked “THE
FIRST STAGE TECHNICAL PROPOSAL BIDDING”, “THE
FIRST STAGE MODIFIED TECHNICAL PROPOSAL
BIDDING” (if any) or “THE FIRST STAGE SUBSTITUTE
TECHNICAL PROPOSAL BIDDING” (if any) shall be opened;
b) All other envelopes, including original, modified or substitute
(if any) shall be opened and read out: the name of the Bidder, the
validity period of the First Stage Technical Proposal Bidding, the
performance period and the value and validity period of the Bid
Security and other details as the Owner may consider
appropriate.
c) Number of photocopies of Technical Proposal and relevant
information, including Alternative Bid (if any) shall be read out;
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d) The representative of the Owner shall countersign original
copy of Letter of Bid of Technical Proposal, Power of attorney (if
any), Joint Venture Agreement (if any), Bid Security. No Bid
shall be rejected a Bid opening except for late bids, in accordance
with ITB Section 22.
e) The Owner and bidders shall reach a consensus on sealing how
to seal the envelopes marked “THE FIRST STAGE FINANCIAL
PROPOSAL BIDDING”, “THE MODIFIED FIRST STAGE
FINANCIAL PROPOSAL BIDDING”, “SUBSTITUTE THE
FIRST STAGE FINANCIAL PROPOSAL BIDDING”. After
sealing, the Owner shall preserve envelopes in conformity with
management regime of confidential document until Financial
Proposals are opened as prescribed in ITB Section 33.
31.4. The Owner shall prepare a record of the First Stage
Technical Proposal Bidding opening that shall include prescribed
in ITB Section 31.3. The representative of the Bidders
participating in the First Stage Technical Proposal Bidding
opening shall countersign the record of The First Stage Technical
Proposal Bidding opening. If any signature of the Bidders is left
in the record, it shall be invalid. A copy of the record shall be
distributed to all Bidders who participate in the First Stage
Technical Proposal Bidding opening.
32. Technical 32.1. The Owner shall apply criteria mentioned in this Section
Proposal and method for evaluation prescribed in BDS to evaluate the First
Evaluation Stage Technical Proposal Biddings. Any other criterion or
method other than those mentioned above shall not be permitted
to apply.
32.2. Inspection and evaluation the validity of the First Stage
Technical Proposal Bidding:
a) The inspection and evaluation of the validity of the First Stage
Technical Proposal Bidding shall comply with Section 1 of
Chapter III - Evaluation and Qualification Criteria;
b) The bidders having valid the First Stage Technical Proposal
Bidding shall be considered further.
32.3. Qualification evaluation:
a) The evaluation of Bidder’s qualification shall comply with
Section 2 of Chapter III - Evaluation and Qualification Criteria;
b) The bidders satisfying qualification requirements shall be
considered further.
32.4. Technical evaluation:
a) The Technical evaluation shall comply with Section 3 of
Chapter III - Evaluation and Qualification Criteria;
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b) Not applicable
32.5. List of bidders satisfying technical requirements at the first
stage shall be approved in writing. The Owner shall send the List
of bidders satisfying technical requirements to all bidders, which
contains invitations of bidders satisfying technical requirements
at the first stage in participating to submit the Second Stage
Technical Proposal Bidding.
33. The First The First Stage Financial Proposal Bidding shall be opened with
Stage Financial opening of the Second Stage Proposal Bidding; Procedure
Proposal Bidding opening of The First Stage Financial Proposal Bidding shall be
Opening prescribed in specific at the Second Stage Bidding Document.
34. Financial Evaluation of Financial Proposal Bidding (First and Second
Proposal Stage) will be implemented in Second Stage.
Evaluation and 34.1. The Employer shall apply criteria mentioned in this Section
Ranking of and method for evaluation prescribed in BDS to evaluate the
bidders Financial Proposals. Any other criterion or method other than
those mentioned above shall not be permitted to apply.
34.2. Inspection and evaluation the validity of the Financial
Proposals:
a) The inspection and evaluation of the validity of the Financial
Proposals shall comply with Section 4 of Chapter III - Evaluation
and Qualification Criteria;
b) The bidders having valid Financial Proposals shall be
considered further and ranked.
34.3. Detailed evaluation of Financial Proposal and ranking of
bidders:
a) Detailed evaluation of Financial Proposals shall comply with
Section 5 Chapter III - Evaluation and Qualification Criteria.
b) After carrying out detailed evaluation of Financial Proposal,
the Employer shall submit a List of ranking of bidders for the
Investor’s approval. The first-ranking bidder shall be invited to
enter into negotiation. The ranking of bidders shall comply with
the BDS.
35. Negotiation Negotiation of contract will be made in second stage.
35.1. According to the decision on approval for the List of
ranking of bidders, the Employer shall invite the first-ranking
bidder to enter into negotiation. The contract negotiation is based
on:
a) Bid evaluation report;
b) The Bid and Clarification of Bids (if any) submitted by the
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Bidder;
c) Bidding Documents.
35.2. Contract negotiation contents:
a) Negotiating nonclarification or nonconformities between the
Bidding Documents and the Technical Proposal, Financial
Proposal, between different contents in the Technical Proposal or
Financial Proposal possibly leading dispute or affecting the duties
of contracting parties during the performance of the contract;
b) Negotiating amendments or alternative bids if permitted by the
Employer;
c) Negotiating personnel:
In the negotiation process, the Bidder may not replace key
employees proposed in the Technical Proposal to hold positions
of design manager, survey manager, construction site
commander, unless Bid evaluation period lasts longer than
prescribed period or a force majeure event occurs leading key
employees proposed fail to participate in the contract execution.
In this event, the Bidder is entitled to replace other personnel
provided that be expected personnel satisfies at least qualification
requirements acquired by the proposed personnel and the Bid
price does not change;
d) Negotiating issues incurring from the bidder selection (if any)
to complete the detailed contents of the package;
dd) Negotiating nonmaterial nonconformities prescribed in ITB
Section 28;
e) Negotiating other essential contents.
35.3. During the contract negotiations, both parties shall make a
draft contract; terms and conditions, and contract appendices,
including detailed lists of Scope of Supply, Price Schedule and
Performance Schedule.
35.4. If the negotiation is not successful, the Employer shall
request the Investor to invite the bidder ranked next to contract
negotiation; if the negotiation with the next bidder is not
successful, the Employer shall request the Investor to consider
canceling the bidding as prescribed in ITB Section 39.1.
36. Conditions A bidder shall be proposed for contract award when following
for successful conditions are satisfied:
bidder 36.1. The bidder has a valid Bid;
36.2. The bidder is qualified as required in Section 2 of Chapter
III - Evaluation and Qualification Criteria;
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36.3. The bidder has a satisfactory technical proposal as
prescribed in Section 3 of Chapter III - Evaluation and
Qualification Criteria;
36.4. The deviation is not more than 10% of the Bid Price;
36.5. The bidder meets requirements as prescribed in the BDS;
36.6. The successful bid does not exceed the approved package
price. If the successful bid exceeds the approved package price,
Clause 7, 8 Article 117 of Decree No. 63/CP shall apply.
37. Publishing of 37.1. Before the deadlines prescribed in the BDS, the Owner
bidder selection shall send notifications of bidder selection result to related
result at the First bidders by post or fax. Contents of the notification of bidder
Stage selection result:
a) Name and number of package;
b) Name and Address of the bidder satisfying technical
requirements at the first stage;
c) Invitation of the bidder satisfying technical requirements at the
first stage participating to submit the Second Stage Technical
Proposal Bidding.
37.2. Regarding bidding cancellation prescribed in Point a ITB
Section 39.1, the explanation for the bidding cancellation shall be
provided in the notification of bidder selection result.
37.3. Upon the receipt of notification of the bidder selection
result prescribed in ITB Section 37.1, if any unsuccessful bidder
requests explanation, the Owner shall, within 05 working days,
but before the date of issue of the Second Stage Bidding
Document, give explanation.
38. Letter of The Letter of Acceptance and Contract Award shall be prescribed
Acceptance and in specific at the Second Stage Bidding Document.
Notification of
Award
39. Bidding 39.1. The Owner shall notify the bidding cancellation in the
cancellation following cases:
a) All the First Stage Technical Proposal Bidding fail to meet
requirements mentioned in the First Stage Bidding Document;
b) The Owner changes objectives and scope of investment
specified in the First Stage Bidding Document;
c) First Stage Bidding Document fails to comply with law on
bidding or other regulations of relevant law provisions leading
the no satisfaction of the successful bidder.
d) There is any evidence for corrupt, fraudulent or conclusive
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practice, or taking advantage of positions, powers aiming to
interfere illegally in a bidding process to falsify results of bidder
selection.
39.2. Any organization or individual violating law on bidding
leading bidding cancellation (as prescribed in Point c and Point d
of ITB Section 39.1) must compensate relevant Contracting
parties and face penalties as prescribed.
39.3. Regarding bidding cancellation prescribed in ITB Section
39.1, within 5 working days, the Owner shall return or release
Bid Security to bidders, excluding bidding cancellation
prescribed in Point d of ITB Section 39.1.
40. Conditions 40.1. The Proposal Bidding Document of the Bidder shall remain
for signing of valid at the time of signing of Contract.
Contract 40.2. At the time of signing of Contract, the successful Bidder
shall be determined to have technical and financial qualification
to perform the Contract. In case the Bidder is no longer qualified
as prescribed in the Bidding Documents, the Owner shall refuse
to conclude the Contract with the Bidder. Then, the Owner shall
cancel the decision on approval for bidder selection result and
send Letter of Acceptance and Contract Award to the next ranked
bidder.
40.3. The Owner shall ensure condition related to advance and
payment capital, site and other essential conditions to perform the
Contract on schedule.
41. Performance 41.1. Before the effective date of the Contract, the successful
Security bidder shall furnish the Performance Security in the form of a
Bank Guarantee issued by a bank or a credit institution lawfully
operating in Vietnam as prescribed in Chapter X - Special
Conditions of Contract. The Bidder shall, if applicable, use the
Bank Guarantee form prescribed in form 28 of Chapter VIII -
Contract Forms or another form which is approved by the Owner.
41.2. The Bidder shall be not returned the Performance Security
in one of the following cases:
a) Refuse to perform the Contract on the effective date of the
Contract.
b) Violate terms and conditions of the Contract;
c) Perform the Contract behind the schedule and refuse to extend
the validity period of the Performance Security.
42. Handling Bidders are entitled to file complaints against the bidder selection
complaints in progress and result to the Owner, competent persons, advisory
bidding board at the address prescribed in the BDS when they found their
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lawful rights and interests are infringed. The complaints in
bidding shall be handled as prescribed in Section 1 of Chapter
XII of the Law on Bidding and Section No. 2 Chapter XII of
Decree No. 63/CP.
43. Monitoring When any act or content not accordant with law on bidding is
bidder selection detected, the Bidder shall notify organizations or individuals of
progress monitoring bidder selection progress as prescribed in the BDS.
44. Exchange of After the bidders have been identified to meet the technical
technical requirements of the First Stage, based on the requirements in the
proposals, the Bidding Documents and the technical proposal, comments,
initiative of the initiative of the Bidder. Owner shall proceed exchange with each
contractor in Bidder to identify the technical adjustments in the Second Stage
First stage Bidding Documents.
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Chapter II
BID DATA SHEET (BDS)
ITB 1.1 The Owner is: Hai Phong Thermal Power Joint Stock Company
ITB 1.2 The package’s name: Design, supply, installation of epuipments for
retrofit of De-NOx system and upgrade of De-SO2 system (FGD)
Project name: Upgrade and Retrofit of Flue Gas Treatment System
– Hai Phong 1&2 Thermal Power Plant
ITB 1.3 Contract duration; 25 months (DeNOx equipment installation
requires 60 days of shutting down boiler for each Unit)
ITB 2 Sources of Funds (or capital-raising methods): The Owner’s capital
and loans from credit institutions.
ITB 4.1 (d) Assurance of competitiveness in bidding shall be prescribed as
follows:
- The Bidder and Hai Phong Thermal Power Joint Stock Company
do not hold more than 30% of shares or stakes of each other, unless,
the Owner and the Bidder are in the same state-owned economic
corporation and the product of the package is the input of the
Owner and the Owner and the output of the Bidder and the primary
business line of the corporation.
- The Bidder and the solicitation consulting units’ documents not
hold stake of each other; the Bidder and another organization or
individual do not hold more than 20% stake of each other. In
particular:
+ Consulting unit on making feasibility study report: Institute of
Energy -Address: Ministry of Industry and Trade Tower-No. 06 Ton
That Tung street, Dong Da district, Ha Noi;
Consulting unit on appraisal feasibility study report: Vietnam
Thermal Science and Technical Association – Address: No 210
Room, CT4-A2 Building, North Linh Dam, Hoang Mai district, Ha
Noi Capital
+ Consulting unit on making the Bidding Documents: Institute of
Energy - Address: Ministry of Industry and Trade Tower-No. 06
Ton That Tung street, Dong Da district, Ha Noi;
+ Consulting unit on Bidding Documents appraisal: Bidding
Support Center - Procurement Management Department - Address:
11th Floor, Ministry of Planning and Investment, Lane 7 Ton That
Thuyet, Cau Giay, Hanoi.
+ Consulting bid evaluation: ……….
ITB 4.1 (g) Regarding foreign bidders: If a foreign bidder wishes to make a bid,
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it is required to enter into a joint venture with one or some domestic
bidder. The total volume and value of jobs performed by domestic
contractors shall reach at least 20% of the tender value.
ITB 6.1 For clarification purposes only, the Owner’s address is:
Attention: Hai Phong Thermal Power Joint Stock Company.
Recipient: Mr. Nguyen Thuong Quang - General Director of the
Company
Address: Tam Hung commune, Thuy Nguyen district, Hai Phong
city
Telephone: 0225.3775161
Fax: 0225.3775162
The Owner shall receive the request for Clarification of Bidding
Documents not later than 05 working days before the deadline for
submission of Bid.
ITB 6.3 The Owner will not organize a site investigation
ITB 6.4 A Pre-Bid meeting will take place at Hai Phong TPJSC on date
13/11/2017
Address: Tam Hung commune, Thuy Nguyen district, Hai Phong
city
ITB 7.3 The Owner shall send Amendment of the First Stage Bidding
Documents to all bidders received the First Stage Bidding
Documents from the Owner before the deadline for submission of
the First Stage Proposal Bidding at least 15 days.
In case the time for sending Amendment of Bidding Documents
does not comply with above regulations, the Owner shall extend the
corresponding deadline for the submission of bids.
ITB9 The First Stage Proposal Bidding, as well as all correspondence and
documents related to the First Stage Proposal Bidding exchanged
by the Bidder and the Owner shall be written in: The Bidder may
choose either English or Vietnamese to prepare a the First Stage
Proposal Bidding. Supporting documents and printed literature that
are part of the First Stage Proposal Bidding may be in another
language provided they are accompanied by an accurate translation
of the relevant passages into Vietnamese. In case of absence of the
translation, the Owner may request the Bidder to supplement when
necessary. If there is any discrepancy between English and
Vietnamese editions, the English edition is based on.
ITB 10.4 The Bidder shall submit the following documents in conjunction
with the Bid: no requirement.
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ITB 15.1 The Bidder is not allowed to submit alternative option
ITB 16 - The currencies of the bid shall be: VND and USD
[If foreign currencies are allowed in the Bid, the Bidder must
demonstrate the works using foreign currencies attached to
schedule of work items and equivalent foreign currency portion,
provided that each work item is quoted in only one currency,
domestic costs shall be quoted in VND, costs incurred outside the
Owner’s country related to the package shall be quoted in USD
foreign currencies)].
- Currency of payment of a work item must correspond to the
Currency of Bid of such work item. Domestic costs are only paid in
VND.
If two or three currencies are allowed, the following regulations
shall be added:
- The single currency to which different currencies of all bid prices
are converted (target currency) for the purposes of evaluation and
comparison of Bidding Documents is: VND shall be given the
priority according to the Center rate of the State Bank of Viet
Nampublished at time of closing the bid.
ITB 17.1 The First Stage Proposal Bidding validity period (First Stage
Technical Proposal and First Stage Financial Proposal Biddings)
shall be: 210 days, from the deadline for submission of Bid.
ITB 18.2 Contents of the Bid Security:
- Value and currency of the Bid Security: 33,000,000,000 VND
(Amount in word thirty three billion Vietnamese dong or USD
1,500,000 (in words: one million five hundred US dollars)
- The validity period of the Bid Security: ≥ 240 days, from the
deadline for submission of Bid.
ITB 18.4 1. The unsuccessful bidders about technical requirements at the Firs
Stage may be either returned or released their Bid Security and First
Stage Financial Proposal Bidding within 20 days, from the date of
announcing the selection list of contractors the Firs Stage
2. The unsuccessful bidders at the Second Stage may be either
returned or released their Bid Security within 20 days, from the date
on which the results of bidder selection.
ITB 19.1 a. Presenting information on envelopes of the First Stage
Proposal Bidding Document
Contractors shall divide The First Stage Technical Proposal Bidding
Document and The First Stage Financial Proposal Bidding
Document into two separately envelops. Information written on
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each of the envelope shall be in following:
For the envelope of the First Stage Technical Proposal Bidding:
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2. Telephone:
3. Fax:………………………………………………………..
The Owner’s name: Hai Phong Thermal Power Joint Stock
Company
- Address: Tam Hung commune, Thuy Nguyen district, Hai
Phong city
Name and number of the Package: " Design, supply and
installation of equipments for retrofit of De-NOx system and
upgrade of De-SO2 system (FGD)" - Under the project "Upgrade
and retrofit of flue gas treatment system, Hai Phong Thermal Joint
Stock Company".
Do not open before time opening of the Second Stage Bidding
Document.
Note:
- The Contractor must record clearly his address on the
envelope in case of the First Stage Proposal Bidding will be
returned with original sealing tape .
- In case of modifying of the First Stage Financial Proposal
Bidding, adding “MODIFIED FIRST STAGE FINANCIAL
PROPOSAL BIDDING” on the envelope with above-
mentioned regulations.
- In case of having a discount letter, it will be put at favorable
position for opening of the Financial Proposal Bidding.
b. The number of copies of the First Stage Proposal Bidding
The number of copies of the Bid: 06 sets and 01 USB flash
containing all content flies like as hard copy and formatted in .doc
or .xls (excepting legal documents, reference documents ... that
could be formatted in .pdf or .img). The number of copies of the
Bid and the number of copies of modified or substituted Bid are the
same in case of modified or substituted of the Bidding.
ITB 21.1 The Address of the Owner (for submission the First Stage Proposal
Bidding)
Attention: Hai Phong Thermal Power Joint Stock Company
Address: Tam Hung commune, Thuy Nguyen district, Hai Phong
city
The deadline is: 9 hours 00 minutes, day 12/12/2017
ITB 25.3 The Bidder may send request for Clarification of First Stage
Proposal Bidding s to the Owner within: 10 days, from the deadline
for submission of Bid.
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ITB 29.2 Maximum value for subcontractor: not apply
ITB 29.4 Special subcontractor: not permitted
ITB 30.2 a) Entities eligible for incentives are local bidders, foreign bidders
in joint venture with local bidders and at least 25% amount of
works is performed by the local bidder, in which such amount only
includes domestic costs, excluding expenditures on imported
equipment and other outward expenditures, and bidders that
propose at least 25% amount of domestic costs (consultancy,
procurement, and construction costs) according to the amount of
works.
b) Determining incentives: The bidder who is not eligible for
preferential treatment shall have to add an amount equal to 7.5% of
the bid price after deviation correcting and adjustment, subtracting
the discounted value (if any) from the evaluation price of the
contractor for evaluation; Goods not eligible for preferential
treatment must add a sum equal to 7.5% of the bid price after
correction, adjustment and subtracting the discount value (if any) of
such goods into the purchase price. The bidder's price for
comparison and rating "
ITB 31.1 The First Stage Technical Proposal Bidding opening shall take
place at: 9 hours 05 minutes, 12/12/2017, at Hai Phong Thermal
Power Joint Stock Company. Address: Tam Hung commune, Thuy
Nguyen district, Hai Phong city
ITB 32.1 Method for evaluating the First Stage Technical Proposal Bidding:
a) Qualification evaluation: pass/fail criteria;
b) Technical evaluation: Weighted scoring method
ITB 34.1 Financial evaluation: Evaluation price method
ITB 34.3 Ranking of bidders: The lowest rated bidder is ranked first.
ITB 36.5 The lowest rated bidder.
ITB 37.1 Time limit for sending notification of results of bidder selection is
05 working days, from the date on which the Owner approves the
first stage bidder selection result.
ITB 42 - Mailing address of the Owner:
Attention: Hai Phong Thermal Power Joint Stock Company.
Recipient: Mr. Nguyen Thuong Quang - General Director of the
Company
Address: Tam Hung commune, Thuy Nguyen district, Hai Phong
city
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Telephone: 0225.3775161
Fax: 0225.3775162
Page 38 of 188
Chapter III
EVALUATION AND QUALIFICATION CRITERIA
Section 1 Inspecting and evaluating the validity of the First Stage Technical
Proposal Bidding
1.1. Inspecting the First Stage Technical Proposal Bidding:
a) Inspect the quantity of photocopies of the First Stage Technical Proposal Bidding;
b) Inspect the documents of the original First Stage Technical Proposal Bidding,
consisting of: Letter of Technical Bid, joint venture agreement (if any), power of
attorney to sign the Letter of Bid (if any); Bid Security; documents proving the
Bidder’s qualifications; First Stage Technical Proposal Bidding; and other documents
of the Bid as prescribed in ITB Section 10;
c) Inspect the consistency between the original copy and photocopies to serve the
thorough evaluation of the First Stage Technical Proposal Bidding.
1.2. Evaluating the validity of the First Stage Technical Proposal Bidding:
A First Stage Technical Proposal Bidding is considered valid when all of the
conditions below are satisfied:
a) There is any original copy of the First Stage Technical Proposal Bidding;
b) There is a Letter of the First Stage Technical Proposal Bidding bearing the signature
and seal (if any) by of the legal representative of the Bidder. Regarding joint venture,
Letter of Bid shall bear the signature and seal (if any) of the legal representative of
every JV’s Party or the head of the joint venture authorized to sign the Letter of Bid
according to the regarding joint venture agreement;
c) The duration of the Contract mentioned in the Letter of Bid shall conform to the
Technical Proposal and the requirements in the First Stage Bidding Documents;
d) The validity period of the First Stage Technical Proposal Bidding satisfies
requirements as prescribed in ITB Section 17.1;
e) There is a Bid Security of which value and validity period, the Owner’s name
(beneficiary) complies with ITB Section 18.2 and not complies with ITB Section 18.3.
f) The Bidder shall not have its name included in multiple First Stage Technical
Bidding Proposals as a Contractor (a single entity or a JV’s Party) for the same
package.
g) The joint venture agreement shall bear signature and seal (if any) of the legal
representative of each JV’s Party and specify detailed tasks and estimated percentage
thereof performed by each JV’s Party using the form 03 of Chapter IV – Bidding
Forms;
h) The Bidder’s status is valid as prescribed in ITB Section 4.1.
Any Bidder having valid the First Stage Technical Proposal Bidding shall be
considered further. Any Bidder having invalid Technical Proposal shall have its Bid
rejected without further consideration.
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Section 2 Qualification criteria
Qualification of a joint venture shall be total qualifications of all JV’s Parties,
provided that each JV's Party is qualified to perform their tasks in the joint venture
(except for the revenue as specified in Section 2.1); if any JV's Party is not qualified to
perform their tasks in the joint venture, the joint venture shall be considered not
qualified.
The Subcontractors’ qualifications shall not be evaluated when the First Stage
Technical Proposal Bidding of the Contractor is evaluated (unless the special
Subcontractor is employed). The Contractor is required to satisfy all qualification
criteria (regardless of the Subcontractor’s qualification).
The Bidder’s qualification shall be evaluated as specified in Clauses 2.1, 2.2 and 2.3
of this Section. The qualified Bidder is the one satisfying all criteria specified in
Clauses 2.1, 2.2, and 2.3 of this Section.
Non-qualified Bidder's Proposal Bidding shall be rejected without further
consideration.
2.1. Qualification criteria:
Table of Qualification criteria
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TABLE OF QUALIFICATION CRITERIA
Page 41 of 188
Annual turnover from consultancy, requirement requirement requirement
Turnover from procurement of goods, and (corresponding
consultancy, construction of with scope of
procurement of 1,500,000,000,000 VND work of each
goods and within the last 3 years Party)
construction (2014, 2015, 2016)
The annual turnover shall
be calculated as total
payments received for
Contracts of consultancy,
procurement of goods, and
construction within the year
(3)
.
In order to evaluate this
content, in cases where the
information relating to
finance declared by the
bidder using a currency
different from the VND, the
Owner shall convert to
VND at the exchange
central rate announced by
the State Bank of Viet Nam
as of December 31 of the
respective reporting year
3.3 Financial The Bidder must Must meet Must meet Must meet Not applicable Forms No.
Resources demonstrate access to, or requirement requirement requirement 11 and 12
availability of, financial (equivalent to
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resources(4) such as liquid their tasks
assets, lines of credit, and performed)
other financial means
(excluding contract
payments) to meet financial
resources of
190,000,000,000
Vietnamese dong
In order to evaluate this
content, in cases where the
information relating to
finance declared by the
bidder using a currency
different from the VND, the
Owner shall convert to
VND at the exchange
central rate announced by
the State Bank of Viet Nam
as of December 31 of the
respective reporting year
4 Experience in The minimum number of Must meet Must meet Not applicable Must meet Form No. 13
performing 02 similar contracts has requirement requirement requirement
EPC package been wholly or mainly
completed in the last 12
years (from 2005 to 2016).
The contractor must
provide documentation
proving the completion of
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the Contract (which shows
the values already fulfilled)
(6)
, the Acceptance
Application or PAC
Certificate or FAC
Certificate.
A similar contract is a
contract for the design and
supply of equipment and
installation (EPC) for
upgrade, retrofit or new
project of the (WFGD) De-
SO2 system, the De NOx
system (SCR) of the PC
coal boiler. Capacity of ≥
200MW, total valued at 500
billion VND or more (6) as
the main contractor
(independent or lead
(5)
partner) or contractor
(7)
management
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Notes:
(1) Non-fulfillment Contracts include:
- Contracts that are considered as non-fulfilled by the Owner without objection of the
Bidder;
- Contracts that are considered non-fulfilled by the Owner with objection of the Bidder
but the litigation is treated as resolved against the Bidder by the arbitrator or the court.
Non-fulfilled Contracts shall not include the Contracts that the Owner’s decisions are
rejected by settlement of disputes. Non-fulfilled Contracts shall be determined
according to all information about the dispute or litigation that is settled in conformity
with the terms of settlement of disputes as mentioned in the corresponding Contracts
and the Bidder could not file any complaint.
(2) Net asset value = Total Assets - Total Debt
(3) The Bidder must submit the following documents to demonstrate the turnover: An
audited financial statement or a payment receipt certified by the Owner for Contracts
of consultancy, procurement of goods and construction or a tax return or any of other
legal documents.
(4) Liquid assets mean cash and equivalent, short-term financial instruments,
available-for-sale securities, marketable securities, trade receivables, short-term
financial receivables and other assets that can easily be changed into cash within 1
year.
(5) Where the contract was executed by the contractor for separate De-NOx or De-
SOx systems, 01 contract with the De-SOx system + 01 De-NOx total contract valued
at 500 billion VND or more. As a major contractor (independent or lead partner) or
management contractor, , it will be counted as one contract.
(6) Where financial information is declared by the Contractor using a currency other
than VND, the Owner shall convert to VND by the central rate announced by the State
Bank of Viet Nam on December 31 of the contract year for the contractor reference.
(7) Management contractor is a contractor not directly perform, a part or the whole of
the package, but entering into a contract with other contractors and still manage the
performance of the contractors concerned, while still bears all the responsibilities and
risks related to cost, schedule and quality of the package.
2.2. Qualification criteria for technical capacity:
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a) Personnel for key positions:
The Bidder must demonstrate that it has sufficient personnel for the key positions that meet the following requirements:
Minimum Qualification Total Work
Experience in Similar
No. Position quantity Experience (at
Work (at least ____years)
least ___years)
1 Project Manager 01 Having university degree or 10 years At least 02 similar projects
(Director) higher or having professional including 01 overseas
practice certificate appropriate project of project manager
with the job of the project experience
English listening, speaking,
reading, writing proficiency.
2 Commander of the site 01 Having university degree or 10 years At least 02 similar projects
higher or having professional of site commander
practice certificate appropriate experience
with the job of the project
English listening, speaking,
reading, writing proficiency.
3 Design / technical 02 Having university degree or 10 years At least 02 similar projects
manager higher or having professional of Design / technical
practice certificate appropriate manager experience
with the job of the project
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b) Equipment to perform the package:
The Contractor shall propose the type and quantity of construction equipment mainly
suitable for the project and must demonstrate the ability to mobilize major
construction equipment for execution of the tender package.
The Bidder shall provide further details of proposed items of equipment to perform the
package using the Form No. 17(a) of Chapter IV - Bidding Forms.
Section 3 Technical evaluation criteria
Technical evaluation criteria Technical criteria shall be established on Weight Scoring
System of 100, the technical evaluation criteria shall be established according to the
conformities to requirements pertaining to design, procurement of goods, construction,
and reputation of the Bidder through performance of similar Contracts and other
requirements mentioned in the Bidding Documents.
The content of the First Stage Technical Proposal Bidding must include information
and technical description as shown in Technical Evaluation Criteria table below:
According to the scope and nature of the package, a number of general criteria shall be
given a minimum score. The minimum score shall be not smaller than 80% of the total
technical score. The First Stage Bidding Document having total score (as well as the
score of a number of general criteria) is no less than the minimum score shall be
determined qualified in technical aspect and continued participation in second stage.
The First Stage Technical Proposal Bidding shall be rejected if it does not meet the
conditions of precedent on performance and, outlet emission concentration and, life
time of Catalyst and standards as following:
- NOx reduction efficiency (at RO condition): ≥ 60%
- NOx concentration at the stack: ≤510 mg / Nm3 (6% O2) under all operating
conditions
- The life of the catalyst shall not be less than 24,000 operating hours (in
Condition: RO mode conversion, NOx reduction efficiency shall not be less
than 60%, NH3 slip shall not be higher than 3ppm). The contractor provides the
manufacturer's commitment and documentary evidence.
- SO2 reduction efficiency (at RO condition): ≥90%
- SO2 concentration at the stack: ≤255 mg/Nm3 (6% O2) under all operating
conditions (1.1% sulfur content in coal);
- Standards, of technology productionproducted, manufacturingmanufactured
goods from the G7, EU, OECD and Viet Nam or international standards (ISO).
Form No.17b
Table - Technically Criteria Evaluation
Page 48 of 188
Specific Score (100)
NO Criteria require
Maximu Minimu
ments
m score m score
ENGINEERING AND PROJECT MANAGEMENT
I 25 20
(E)
Page 49 of 188
Specific Score (100)
NO Criteria require
Maximu Minimu
ments
m score m score
License or/and Certificate for quality management
design / installation of DeSO2 system (FGD wet
limestone) and DeNOx system (SCR type) or flue gas
treatment system (Effective until at least 2020 - if
selected) from Competent authorities.
- License or/and Certificate from Competent authorities of
I.1 G7, EU, OECD countries rating 4 points. 4
- License or/and Certificate from Competent authorities of
other countries rating 2 points.
- Have not License or/and Certificate , rating 0 points and
Bidder is jerected.
(If missing information, allow clarification, then point
rating)
Patent of the manufacturer of the catalyst .
- Patent from Competent authorities of G7, EU, OECD
countries rating 1 points.
- Patent from Competent authorities of other countries
I.2 rating 0.5 points. 1
- Have not Patent, rating 0 points and Bidder is jerected.
(If missing information, allow clarification, then point
rating)
The Contractor’s Description for the Schedule/work
I.3 3
for investigation, study, collection of date at the Site.
The Contractor’s Description for the Schedule of
I.4 Design work (Including: organization of design, design 3
process, supervision to ensure design quality, schedu etc.).
The Contractor’s Description forDesign/Technical
I.5 Methods; Design calculations to meet requirements of 5
the Bidding Package
The design / technology methods are feasible and
1 3
appropriate.
2 Design calculations are enough, clea and appropriate: 2
1. Design calculations for SCR plant:
- Design calculation for reactor size,
- Design calculation for SCR steel structure,
- Calculate the NOx removal efficiency,
- Calculate electricity consumption,
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Specific Score (100)
NO Criteria require
Maximu Minimu
ments
m score m score
- Calculate NH3 consumption,
- Calculate water and steam consumption.
2. Design calculations for the FGD system.
- Calculate the SO2 removal efficiency,
- Calculate electricity consumption,
- Calculate limstome consumption,
- Calculate water consumption.
The Contractor’s Description for Solutions, Design
I.6 Calculation methods, Computation modes (such as 6
CFD mode by a computer) and result;
1 SCR reactor layout, structure and parameters 2
2 FGD absorber tower layout, internal structure and
1
parameters
3 Barrier of flue gas lines effect to ID fans on the normal
operation of the boiler; Change the temperature of flue gas 2
through the SCR
4 Barrier of absorber effect to booster fan; Change the
1
temperature of flue gas through the absorber.
I.7 FGD system maintenance and repair solution 1
I.8 Progress and steps designed to meet the requirements 2
of the bidding documents
II PROCUREMENT 45 36
II.1 GENENRAL REQUIREMENTS FOR GOODS 9
The degree of completeness and clarity of origin of goods
1 7
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Specific Score (100)
NO Criteria require
Maximu Minimu
ments
m score m score
No.2 Group: Ammonia Storage and Supply System, Fire
1
Protection system
No.3 Group: Hanger/Support steel structure for equipment
1
and ammonia storage building
No.4 Group: Electrical materials and equipment 1
No.5 Group: Instrumentation and control materials and
2
equipment
Group 6 - Special and Handy Repair Tools 0.5
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4.1. Financial proposal examination:
a) Number of copies;
b) Examine the components of the original Financial proposal, including: the
tender form attached to the Financial proposal; Bidding summary table, bidding
price list and other components of the bidding Financial proposal according to the
provisions of Section ITB.10;
c) Check the content consistency between the original and the snapshot to serve the
detailed evaluation of the Financial proposal.
4.2. Validity of the Financial Proposal:
The contractor's financial proposal is considered to be valid when it meets the
following requirements:
a) Including original proposal;
b) There is an application for bidding under the proposal signed by the contractor's
signature, stamped (if any). For a partnership contractor, the application must be
signed by the legal representative of each partnership member, stamped (if any) or
the lead partner on behalf of the partnership signs the application for participation
as part of the contract. Inclusion in the partnership agreement document;
c) The bid price inscribed in the bid application must be specific and fixed in
figures, in words, and suitably and logically with the total bid price inscribed in the
general price list of bids, without proposing different bidding prices or having
Inclusion of conditions detrimental to the Owner;
d) The validity period of the proposal meeting the requirements stipulated in
Section ITB 17.1.
The contractor with a valid financial proposal will continue to evaluate the
financial details. If the bidder has an invalid financial proposal, the bid will be
rejected and the subsequent contents will not be considered.
Section 5 Detailed evaluation criteria on financial proposal
5.1. Evaluation methods:
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2. Manufacturing technology standard
- From G7 countries 0
- From EU, OECD countries, Vietnam or 0.1
international standards (ISO)
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Chapter IV
BIDDING FORMS
A. Bidding Forms of Technical Proposal Bidding Document First stage
Form No. 01. Letter of Technical Bid
Form No. 02. Power of Attorney
Form No. 03. Joint Venture Agreement
Form No. 04. Bid Security
Form No. 05 (a). Bidder's information
Form No. 05 (b). JV’s Parties
Form No. 06. List of companies in charge of work items
Form No. 07. Previous Contract Non-Fulfillment Records
Form No. 08. Pending litigation (not application)
Form No. 09. Financial Situation of the Bidder
Form No. 10. Average Annual Turnover
Form No. 11. Financial resources
Form No. 12. Monthly financial resources
Form No. 13. Similar Contracts
Form No. 14. Table of propose personnel for key positions
Form No. 15. Curriculum Vitae of personnel for key positions
Form No. 16 (a). Working Experience
Form No. 16 (b). Confirmation of EPC Contractor's reputation in similar projects
Form No. 17 (a). List of construction equipment
Form No. 17 (b). Commodity declaration
Form No. 18 (a). Subcontractor’s scope of works
Form No.18 (b). Proposed Special Subcontractors
Form No.18 (c). Comments on Contractors’ initiative
B. Bidding Forms of Financial Proposal Bidding
Form No. 19 (a). Letter of Financial Bid (applicable to the Bidder who has no discount
offer or has discount offer submitted in a separate Letter of Discount)
Form No. 19 (b). Letter of Bid (applicable to the Bidder who has no discount offer in
the Letter of Bid)
Form No. 20. Grand Summary
Form No. 21. Summary of demand for currencies
Form No. 22. Detailed bid price table
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Form No. 23 – 25 <not applicable>
Form No. 25a. Declarations of domestically-produced costs of Goods eligible for
incentives
Page 64 of 188
A. BIDDING FORMS OF TECHNICAL PROPOSAL
Form No. 01
LETTER OF TECHNICAL BID (1)
(In the First Stage Technical Proposal Bidding)
Date: ________ [insert date of signing of Letter of Bid]
The package’s name: [insert the package’s name specified in BDS Section 1.2]
Project’s name: [insert the project’s name specified in BDS Section 1.2]
Invitation to Bid No.: ___ [insert the number of the Invitation to Bid regarding
selective bidding]
To: ___ [insert the complete and accurate name of the Owner as specified in ITB
Section 1.1. of Chapter II. Bid Data Sheet].
After carefully examining the Bidding Documents and addendum No. ___ [insert the
number of the addendum (if any)], we, ___ [insert the Bidder’s name], pledge
ourselves to perform _____[insert the package’s name] in accordance with the
Bidding Documents with the Contract duration of ____[insert the total performance
duration of all the work as required by the package] (2). Our Bid includes Technical
Proposal and Financial Proposal separately sealed.
We hereby declare that:
1. We only participate in this Bid as the Contract.
2. We are not undergoing dissolution process, are not thrown into bankruptcy, and do
not incur bad debts as prescribed by law.
3. We do not commit violations against regulations on assurance of competitiveness in
bidding.
4. We are not involved in corrupt, fraudulent or conclusive practice and other
violations against law on bidding. 5.
5. Information provided herein is truthful to be the best of our knowledge.
If the our Bid is accepted, we shall provide the Performance Security as prescribed in
Section 41 - Instructions to Bidders of the Bidding Documents.
(3)
This Letter of Technical Bid takes effect within ____ days, from __________ [date]
(4)
.
Notes:
(1) Bidder must provide sufficient and accurate information including names of the
Owner and the Bidder, effective period of the Bid, which bears the signature and seal
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(if any) and of the bidder’s legal representative.
(3) The Contract duration mentioned in the Letter of Bid must conform to the
Technical Proposal and Schedule of Construction in the Bid.
(3) Insert number of validity days as prescribed in Section 17.1 of the BDS. Effective
period of the Bid is from the deadline for submission of Bid to its expiration date as
prescribed in the Bidding Documents. The period of time from the deadline for
submission of Bid to 24:00 of the bid closing date is considered 01 day.
(4) Insert the bid closing date as prescribed in Section 21.1 of the BDS.
(5) If the bidder’s legal representative authorizes his/her subordinate to sign the Letter
of Bid, a Power of Attorney (Form 02 provided in this Chapter) must be enclosed. If
the company’s charter or another document permits such subordinate to sign the Letter
of Bid, such document shall be enclosed (In this case, the Power of Attorney is not
required). Regarding joint venture, the Letter of Bid shall be signed by legal
representative of every JV’s Party, unless the head of the joint venture may sign the
Letter of Bid according to the joint venture agreement as mentioned in Form 03 of this
Chapter. Each JV's Party may give authorization similarly to an independent bidder.
The successful bidder must present certified true copies of these documents to the
Owner before Contract conclusion. If information provided is found inaccurate, the
bidder will be considered fraudulent as prescribed in ITB Section 3.
(6) If a foreign bidder has no stamp, there must be a certification issued by a
competent agency that the signature in the Letter of Bid and any other documents of
the Bid belongs to its legal representative.
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Form No. 02
POWER OF ATTORNEY (1)
[Location and date]_______________
I am __________[insert name, ID/passport number, position of bidder’s legal
representative], the legal representative of _______ [insert name of bidder] at
_____________ [insert address of bidder] hereby authorizes _____________ [insert
name, ID/passport number, position of authorized person] to perform the following
tasks during the participation in the process of bidding for ____________ [insert name
of the package] of _____________ [insert name of the project] held by ____________
[insert name of the Owner]:
[-Sign the Letter of Technical Bid and Letter of Financial Bid;
- Sign the Joint venture agreement (if any);
- Sign documents with the Owner during the shortlisting processing, including the
request for Clarification of Bidding Documents and Bids; sign requests for
withdrawal, modification or substitutions of Technical Proposal and Financial
Proposal;
- Participate in Contract negotiation and finalization;
- Sign complaint letter (if any);
- Sign Contract with the Owner if it is successful] (2)
The authorized person only performs the tasks within the area of competence of a
legal representative of __________ [insert name of bidder]. ____________ [insert
name of bidder’s legal representative] is totally responsible for the tasks performed by
___________ [insert name of authorized person] within the authorization scope.
The Power of Attorney is effective from __________ [date] to _________ [date] (3) and
is made into _______ copies with equal value. _____ copies are kept by the
authorizer, and _______ copies are kept by the authorized person.
Notes:
(1) The original copy of the Power of Attorney shall be sent to the Owner in
conjunction with the Letter of Bid as prescribed in ITB Section 19.3. The Bidder’s
legal representative may authorize their deputies, subordinates, directors of branches,
and heads of representative offices of the Bidder to perform the tasks on behalf of the
Bidder. The authorized person may use the seal of the Bidder or their seal. The
authorized person may not authorize another person.
(2) Area of authorization includes one or multiple tasks above.
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(3) Insert the effective date and expiration date of the Power of Attorney in conformity
with the bidding process.
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Form No. 03
JOINT VENTURE AGREEMENT (1)
[Location and date]___________________
Package: [insert name of the package]
Project’s name: _________ [insert the project's name]
Pursuant to (2) ____ [the Law on Investment No. 43/2013/QH13 dated November 26,
2013];
Pursuant to(2)____ [the Government's Decree No. 63/2014/NĐ-CP dated June 26,
2014 on implementation of some Articles on Contractor selection of the Law on
Bidding];
In response to Bidding Documents for _______________ [insert name of package]
dated __________ [insert date written on the Bidding Documents];
Representatives of signatories to the joint venture agreement include:
Name of JV’s Party ____ [insert name of each JV’s Party]
Mr./Ms. ___________________________________________
Position: ____________________________________________________
Address: _____________________________________________________
Phone number: ___________________________________________________
Fax: ________________________________________________________
Email: ______________________________________________________
Account: ___________________________________________________
TIN: ___________________________________________________
Power of Attorney No. ___________ dated ___________ (in case of authorization).
The Parties have reached a consensus on entering into a joint venture agreement with
the following contents:
Article 1. General rules
1. Parties voluntarily establish this joint venture to participate in the process of
bidding for __________ [insert name of package] of _______________ [insert name
of project].
2. Official name of the joint venture used in every transaction related to the package
with the consent of all Parties: ______________ [insert the agreed name of the joint
venture].
3. Every JV's Party is committed not to unilaterally participate or establish a joint
venture with another JV's Party to participate in this package. If awarded the Contract,
no JV's Party is entitled to refuse to fulfill the duties and obligations prescribed in the
Contract except for a written consent of other Parties. Any JV's Party of the joint
venture that refuses to perform their duties as agreed must:
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- Pay damages to other parties in the joint venture;
- Pay damages to the Owner as prescribed by the Contract;
- Incur other disciplinary actions __________ [specify the action].
Article 2. Assignment of duties
All Parties unanimously to undertake joint and separate responsibility to execute
__________ [insert name of package] of _______________ [insert name of project]
as follows:
1. Leading JV's Party of the joint venture
All parties unanimously authorize ________ [insert name of a party] as the leading
JV's Party of the joint venture who represents the joint venture to perform the
following tasks(3):
[- Sign the Letter of Technical Bid and Letter of Financial Bid].
- Sign documents with the Owner during the shortlisting processing, including the
request for Clarification of Bidding Documents and Bids; sign requests for bid
withdrawal, modification or substitutions;
- Provide Bid Security for the joint venture;
- Participate in Contract negotiation and finalization;
- Sign complaint letter (if any);
- Perform other tasks except for Contract conclusion: _______________ [specify
other tasks (if any)].
2. Tasks of JV’s Parties with the consent of all Parties are specified in the table below
(4)
:
Proportion of
No. Name Tasks
value to bid price)
1 Name of leading JV's Party -___ -___%
-___ -___%
2 Name of second JV's Party -___ -___%
-___ -___%
.... .... .... ....
All tasks of the
Total 100%
package
Article 3. Effect of Joint venture agreement
1. The Joint venture agreement takes effect from the day on which it is signed.
2. The Joint venture agreement expires in the following cases:
- All parties have fulfilled their duties and finalize the Contract;
- The agreement is unanimously terminated by all parties;
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- The joint venture is not awarded the Contract;
- The bidding for ____________ [insert name of the package] of ___________ [insert
name of the project] is cancelled as notified by the Owner.
The joint venture agreement is made into _______ copies with equal legal value, each
party keeps _________ copies.
LEGAL REPRESENTATIVE OF LEADING JV'S PARTY
[full name, position, signature and seal]
Notes:
(1) According to the scope and nature of the package, this Joint venture agreement
may be amended. The project’s name and package’s name must be clarified accurately
and sufficiently as prescribed in BDS Section 1.2.
(2) Update legislative documents in force.
(3) Area of authorization includes one or multiple tasks above.
(4) The Bidder shall specify detailed tasks and estimate equivalent value of tasks
performed by every JV’s Party, common and private responsibilities of JV's Party,
including the leading JV's Party.
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Form No. 04
BID SECURITY (1)
Guarantor: [insert name and address of issuing bank, if it is not written in the title]
We have been informed that __________________________ [name of the Bidder](2)
(hereinafter called "the Bidder") has submitted to participate in the bid for the
execution of ________________ [name of package] of _____[name of project] under
Invitation to Bid.
We hereby act as a guarantee for the Bidder to participate in the bid for this package
with an amount of _________ [amount in figures, in words and currency].
This Guarantee takes effect within ____ (2) days, from __________[date] (4).
At the request of the Bidder, we, as the Guarantor, hereby undertake to pay you any
sum or sums not exceeding in total an amount of ___________ [amount in figures]
(____________) [amount in words] upon receipt by us of your first demand in writing
accompanied by a written statement stating that the Bidder is in breach of its
obligation(s), because the Bidder:
1. Has withdrawn its Bid after the deadline for submission of Bid and during the
period of bid validity;
2. Has violated law on bidding leading bid cancellation as prescribed in Point d of
Section 39.1 – Instruction to Bidder of the Bidding Documents;
3. Fails or refuses to execute the Contract within 05 working days, from the date on
which the notification of Contract negotiation sent by the Owner is received,
excluding force majeure events;
4. Fails or refuses to complete the Contract within 20 working days, from the date on
which the notification of bid acceptance sent by the Owner is received, or refuses to
conclude the Contract after the Contract completion excluding force majeure events;
5. Fails to furnish the Performance Security as prescribed in Section 41.1- -
Instructions to Bidders of the Bidding Documents.
If any JV’s Party violates regulations of law leading ineligible for Bid Security return
as prescribed in Section 18.5 –Instructions to Bidder, the Bid Security of all JV’s
Parties shall not be returned.
If the Bidder has option: this Guarantee shall expire when the Bidder conclude the
Contract and furnish the Performance Security to the beneficiary as agreed.
If the Bidder has no option: If the Bidder has no option: this Guarantee shall expire
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when the Bidder receives the photocopy of notification of bidder selection result sent
by the beneficiary; within 30 days after the expiration date of the Bid.
Consequently, any demand for payment under this guarantee must be received by us at
the address on or before that date.
Notes:
(1) Applicable to Bid Security in the form of Bid Guarantee issued by a credit
institution or a branch of foreign bank established under Vietnamese law. This Form is
encouraged to be used, if another form that is not accordant with ITB Section 18.3 is
used, the Bid security shall be considered invalid.
(2) The Bidder may have one of the following names:
- Name of the joint venture, for example A bidder and B bidder enter into a joint
venture to make a bid, their name shall be (“A + B joint venture”);
- Name of the Party in charge of the Bid Security for the joint venture or another Party
in the joint venture, for example, A + B + C joint venture makes a bid, if their joint
venture agreement assign A bidder to furnish Bid Security for the joint venture, the
joint venture’s name shall be (“A bidder (on behalf of A + B + C joint venture)”);
- Name of every joint venture Party separately furnishing the Bid Security.
(3) Insert as prescribed in Section 18.2 of the BDS.
(4) Insert the deadline date as prescribed in Section 21.1 of the BDS.
(5) Application to joint venture.
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BIDDER QUALIFICATION
In order to prove the qualification to perform the Contract as specified in Section 2
Chapter III - Evaluation and Qualification Criteria, the Bidder must provide the
necessary information using the following forms:
Form 05(a)
BIDDER INFORMATION
Date: _______________
Number and name of package: __________
Bidder’s name: _______________
In case of joint venture, name of each Party: __
Place of business registration and operation:
____[insert province/city where the Bidder registers and operate business]
Year of establishment:
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Form 05(b)
JOINT VENTURE PARTY INFORMATION FORM (1)
Date: _______________
Number and name of package: __________ _____________
Bidder’s name:
JV's Party name:
JV's Party Country of Registration:
JV's Party Year of Establishment:
JV's Party Legal Address in Country of Registration:
JV's legal representative information
Name ___________________________________
Address: _________________________________
Phone number/Fax: _________________________
Email address: ____________________________
1. Attached are photocopies of one of the following documents: The Bidder has been
granted a Certificate of Enterprise registration, an Establishment Decision or
equivalent document issued by a competent authority of the country in which the
Bidder is operating.
2. Diagram of organizational structure.
Notes:
(1) Regarding joint venture, each joint venture member shall declare information
using this Form.
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Form No. 06
LIST OF COMPANIES IN CHARGE OF PACKAGE WORKS (1)
Notes
(1) If the Bidder is a parent company (namely a corporation), it must declare specific
tasks assigned to subsidiary companies, associate companies. The qualification of the
Bidder shall be evaluated according to the value and volume of work performed by the
parent company, subsidiary companies, and associate companies. If the Bidder is not a
parent company, this Form shall not be used.
(2) Insert name of the subsidiary companies, associate companies.
(3) Insert work performed by the subsidiary companies, associate companies.
(4) Insert proportion of value of work performed by the subsidiary companies,
associate companies to the bid price.
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Form No. 07
PREVIOUS CONTRACT NON-FULFILMENT RECORDS (1)
Bidder’s name: __________
Date: ________ ____________
JV's Party name (if any): ____________
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Form No. 08
PENDING LITIGATION (1)
Bidder’s name: __________
Date: ________ ____________
JV's Party name (if any): ____________
Pending litigation
Choose one of two information below:
□ No pending litigation.
□ Description of pending litigation in which the Bidder is a litigant (or each JV' Party
is a litigant regarding JV).
Value of
Value of Pending
Pending
Claim as a
Year Matter in Dispute Claim
Percentage of Net
(VND or
Worth
USD)
Notes:
(1) The Bidder must declare accurately and truthfully involved lawsuits; any involved
lawsuit being not declared shall be considered “fraudulent” and rejected.
Regarding joint venture, each JV' Party shall declare information using this Form.
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Form No. 09
FINANCICAL SITUATION OF BIDDER (1)
Bidder’s name: ___________
Date:________ ___________
JV's Party name (if any) : ___________
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- Certification of tax liability issued by the tax authority (certifying amount paid in the
whole year);
- Auditor's report;
- Other documents;
Notes:
(1) Regarding joint venture, each JV' Party shall declare information using this Form.
(2) The number of columns in the Table must correspond to the period of time
prescribed in criterion 3.1 Financial Qualification Criteria Section 2.1 Chapter III -
Evaluation and Qualification Criteria.
(3) The period of time above must correspond to the period of time prescribed in
criterion 3.1 Financial Qualification Criteria Section 2.1 Chapter III - Evaluation and
Qualification Criteria.
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Form No. 10
AVERAGE ANNUAL TURNOVER (1)
Notes:
(1) Regarding joint venture, each JV' Party must fill in this form.
(2) The Owner shall insert the period of time prescribed in criterion 3.2 Financial
Qualification Criteria Section 2.1 Chapter III - Evaluation and Qualification Criteria.
(3) Average Annual Turnover shall be determined by dividing total turnover by
number of years according the information supplied.
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Form No. 11
FINANCIAL RESOURCES (1)
Specify proposed sources of financing, such as liquid assets (2), credit limit and other
financial means (other than advance payments of the Contract), available to meet the
financial resources requirements prescribed in Form No. 12 of this Chapter.
Financial Resources of Bidder
No. Source of financing Amount
1
2
3
4
5
...
Total financial resources of Bidder
Notes:
(1) Every Bidder or JV's Party shall provide information about their financial
resources, enclosed with documentary evidence.
Expected financial resources shall be determined by the following formula:
NLTC= TNL-ĐTH
Where:
- NLTC is the proposed sources of financing to perform the Contract:
- TNL is total financial resources of the Bidder (specified in this form);
- DTH is total monthly financial resources required for Contracts in progress
(specified in Form No. 12).
A Bidder shall be considered responsive to financial resources requirements if its
mobilized proposed financial resources are no less than the value of financial
resources required prescribed criterion 3.3 Financial Qualification Criteria Section 2.1
of Chapter III - Evaluation and Qualification Criteria.
If the Bidder encloses a credit commitment issued by a credit institution lawfully
operating in Vietnam in the Bid, which promises to lend to the commitment holder
(the Bidder) to perform the considered package with minimum amount equivalent to
the required value prescribed in criterion 3.3 Financial Qualification Criteria Section
2.1. Chapter III – Evaluation and Qualification Criteria during the Contract duration,
the Bidder shall be considered satisfying financial requirements for the package and
not required to declare information using this Form and Form No. 12.
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(2) Liquid assets mean cash and equivalent, short-term financial instruments,
available-for-sale securities, marketable securities, trade receivables, short-term
financial receivables and other assets that can easily be changed into cash within 1
year.
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Form No. 12
MONTHLY FINANCIAL RESOURCES FOR CONTRACTS IN PROGRESS (1)
Contact
Number
person of Unpaid Monthly
of
the Owner Finish Contract financial
Contract’s remaining
No. (address, date of value, resources
name months of
phone Contract including required
Contract
number, taxes (B) (3) (B/A)
(A) )(2)
fax)
1
2
3
4
...
Total monthly financial resources required for Contracts in
progress (DTH)
Notes:
(1) Each Bidder or JV's Party shall provide information below to calculate all required
financial resources, which is all value of: (i) current commitments of the Bidder (or
each joint venture member) in all Contracts being executed or to be executed; (ii)
required financial resources of the considered Contract by the Owner. In addition, the
Bidder shall provide information about any other financial obligation likely
substantially affecting the execution of the considered Contract if the Bidder is
awarded the Contract.
(2) Number of remaining months of Contract at 28 days prior to the deadline for
submission of Bid.
(3) Unpaid value of Contract at 28 days prior to the deadline for submission of Bid.
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Form No. 13
SIMILAR CONTRACTS
Similar Contracts
The Contract Information:
Agreement No._____
dated ______
Date of Award of Contract: _________ Finish date: _________
Total Contract Price ________________
For JV's Party or
Value as a
Subcontractor, insert
percentage of total Amount:________
its contribution in
Contract price
total Contract price
Owner’s name:
Address:
Phone number/Fax:
Email:
Description of similar characteristics prescribed in criterion 4 Financial Qualification
Criteria Section 2.1 of Chapter III(2) - Evaluation and Qualification Criteria.
Similar Similar characteristics of completed Contracts(2)
characteristics
required(1)
Notes:
(1) The Owner must specify scope, complexity, methods, technology, or other
characteristics of the Contracts as specified in Part 2 – Owner’s requirements.
(2) The Bidder must specify similar characteristics of the similar Contracts to
demonstrate their responsiveness.
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Form No. 14
TABLE OF PROPOSED PERSONNEL FOR KEY POSITIONS
Regarding every position prescribed in this Form, the Bidder shall declare detailed
information according to Forms 13 and 14 of this Chapter.
The Bidder shall propose personnel for key positions having qualifications satisfying
requirements prescribed in Point a Section 2.2 of Chapter III - Evaluation and
Qualification Criteria and be available to perform the package; no personnel being in
charge of another package with the same working time is proposed in this Table. If the
declaration is not truthful, the Bidder shall be considered fraudulent.
1 Position: [insert detailed position in charge]
Name [insert the employee’s name for key position]
2 Position: [insert detailed position in charge]
Name [insert the employee’s name for key position]
3 Position:
Name
4 Position:
Name
5 Position:
Name
.... Position:
Name
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Form No. 15
CURRICULUM VITAE OF PERSONNEL FOR KEY POSITION
The Bidder shall provide adequate information required below and enclose certified
true photocopies of relevant degrees, certificates.
Position
Owner’s address
Fax: Email:
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Form No. 16 (a)
PROFESSIONAL QUALIFICATIONS OF PERSONNEL
Summarize professional experience in reverse chronological order. Indicate particular
technical and managerial experience relevant to the package.
Company/Project/Position/Relevant technical and
From To
management experience
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Form No. 16 (b)
CONFIRMATION OF EPC CONTRACTOR'S REPUTATION IN SIMILAR
PROJECTS
Summarize professional experience in reverse chronological order. Indicate particular
technical and managerial experience relevant to the package.
1. Name of the project: .....
2. Owner: .....
3. EPC Contractor: ....
4. Confirmation of the Owner:
- Project implementation time from.... To date ...: meet / not meet tempo.
- Good warranty parameters: yes or no
- Quality of equipment provided: good / normal / bad
- Accident fatalities: yes or no
5. Other comments of the investor about the EPC Contractor and the quality of the
project, if any: ..........................................................................................
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Form No. 17 (a)
EQUIPMENT
The Bidder shall provide adequate information to demonstrate clearly that it has the
capacity to meet the requirements for the major equipment listed in Point b Section 2.2
of Chapter III - Evaluation and Qualification Criteria and be available to perform the
project. No equipment being proposed of another project with the same schedule is
proposed in this Table. If the declaration is not truthful, the Bidder shall be considered
fraudulent.
The equipment must be owned by the Bidder or may be rented provided that the
Bidder may demonstrate clearly that it has the capacity to meeting the requirements of
the project. If an item of equipment is rented, a lease of equipment and documents
proving the ownership of the lessor are required. A separate from shall be prepared for
each item of equipment as follows:
Item of equipment
Page 90 of 188
Page 91 of 188
Form No. 17 (b)
LIST OF GOODS AND EQUIPMENTS
The contractor should schedule the technical information of the goods (equipment, supplies, etc.) including: name, type (code, type, and
age), material, quantity, and main specifications...
Equipment Code Specifications Unit Quantity Materials Weight (kg) Standard Manufacturer(2) Origins(1)
name
Single Total
I. Retrofit SCR
system
II. Upgrade
FGD system
III.Maintenance
of FGD system
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2
III. Upgrade
CEMS system
Note:
1. The contractor must declare the origin is only one clear country / 01 equipment, the declaration of multiple countries or one
organization / 01 equipment is considered invalid and not be continued to the value of the technical.
2. The contractor may provide the names of several manufacturers but no more than 3 manufacturers / 01 equipment.
Page 93 of 188
Form 18 (a)
WORK ITEMS PERFORMED BY SUBCONTRACTORS (1)
Contract/agreement
Subcontractor’s Work (4) Estimated
No. Volume concluded with
name(2) items(3) value(5) (6)
Subcontractor
1
2
3
4
...
Notes:
(1) In case of employment of subcontractors, then fill in this form.
(2) Indicate name of subcontractor(s). In case names of subcontractors are not
determined, this column may be leaved blank and only the column “Work items” is
filled. If the Bidder is selected, it may employ subcontractors with the work items as
indicated in the table only with the consent of the Owner.
(3) Indicate name of work items for subcontractor(s).
(4) Indicate volume of work items for subcontractor(s).
(5) Indicate value of work items performed by subcontractor(s) as percentage of the
bid price.
(6) Indicate number of Contract/agreement, enclosed with the original or certified true
copy of such document.
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Form 18 (b).
LIST OF SPECIAL SUBCONTRACTORS (1)
(Not Applicable)
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Form No. 18 (c)
COMMENTS ON SUBCONTRACTORS TECHNICAL SOLUTIONS (if any)
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B. BIDDING FORMS OF FINANCIAL PROPOSAL
Form 19 (a)
LETTER OF FINANCIAL BID(1)
(applicable to the Bidder who has no discount offer or has discount offer submitted in
a separate Letter of Discount)
The package’s name: [insert the package’s name specified in BDS Section 1.2]
Project’s name: [insert the project’s name specified in BDS Section 1.2]
Notes:
(1) Bidder must provide sufficient and accurate information including names of the
Owner and the Bidder, effective period of the Financial Proposal, which bears the
signature and seal (if any) and of the bidder’s legal representative.
(2) The Bid Price mentioned in the Letter of Bid must be detailed, specified in both
number and words, and in conformity with the total Bid Price mentioned in the Grand
Summary. There is must be only one Bid Price which does not cause any disadvantage
condition to the Owner or the Owner. If permitted, the Bidder may offer the Bid price
in other currencies and clarify the price in words and figures in respect of each
currency.
(3) Insert number of validity days as prescribed in Section 17.1 of the BDS. Effective
period of the Financial Proposal is from the deadline for submission of Bid to its
expiration date as prescribed in the Bidding Documents. The period of time from the
deadline for submission of Bid to 24:00 of the bid closing date is considered 01 day.
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(4) Insert the bid closing date as prescribed in Section 21.1 of the BDS.
(5) If the bidder’s legal representative authorizes his/her subordinate to sign the Letter
of Bid, a Power of Attorney (Form 02 provided in this Chapter) must be enclosed. If
the company’s charter or another document permits such subordinate to sign the Letter
of Bid, such document shall be enclosed (In this case, the Power of Attorney is not
required). Regarding joint venture, the Letter of Bid shall be signed by legal
representative of every JV's Party, unless the leading Party may sign the Letter of Bid
according to the joint venture agreement as mentioned in Form 03 of this Chapter.
Each JV's Party may give authorization similarly to an independent bidder. The
successful bidder must present certified true copies of these documents to the Owner
before Contract conclusion. If information provided is found inaccurate, the bidder
will be considered fraudulent as prescribed in ITB Section 3.
(6) If a foreign bidder has no seal, there must be a certification issued by a competent
agency that the signature in the Letter of Bid and any other documents of the Bid
belongs to its legal representative.
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Form 19 (b).
LETTER OF FINANCIAL BID (1)
(Applicable to the Bidder who has no discount offer in the Letter of Bid)
The package’s name: [insert the package’s name specified in BDS Section 1.2]
Project’s name: [insert the project’s name specified in BDS Section 1.2]
Notes:
(1) Bidder must provide sufficient and accurate information including names of the
Owner and the Bidder, effective period of the Financial Proposal, which bears the
signature and seal (if any) and of the bidder’s legal representative.
(2) The Bid Price mentioned in the Letter of Bid must be detailed, specified in both
number and words, and in conformity with the total Bid Price mentioned in the Grand
Summary. There is must be only one Bid Price which does not cause any disadvantage
condition to the Owner or the Owner. If permitted, the Bidder may offer the Bid price
in other currencies and clarify the price in words and figures in respect of each
currency.
(3) The discount is whether applicable to the package or one or several work items
(specifying the work items eligible for discounts).
(4) Insert number of validity days as prescribed in Section 17.1 of the BDS. Effective
period of the Financial Proposal is from the deadline for submission of Bid to its
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expiration date as prescribed in the Bidding Documents. The period of time from the
deadline for submission of Bid to 24:00 of the bid closing date is considered 01 day.
(5) Insert the bid closing date as prescribed in Section 21.1 of the BDS.
(6) If the bidder’s legal representative authorizes his/her subordinate to sign the Letter
of Bid, a Power of Attorney (Form 02 provided in this Chapter) must be enclosed. If
the company’s charter or another document permits such subordinate to sign the Letter
of Bid, such document shall be enclosed (In this case, the Power of Attorney is not
required). Regarding joint venture, the Letter of Bid shall be signed by legal
representative of every JV's Party, unless the leading Party may sign the Letter of Bid
according to the joint venture agreement as mentioned in Form 03 of this Chapter.
Each JV's Party may give authorization similarly to an independent bidder. The
successful bidder must present certified true copies of these documents to the Owner
before Contract conclusion. If information provided is found inaccurate, the bidder
will be considered fraudulent as prescribed in ITB Section 3.
(7) If a foreign bidder has no seal, there must be a certification issued by a competent
agency that the signature in the Letter of Bid and any other documents of the Bid
belongs to its legal representative.
Form No. 20
GRAND SUMMARY
Project’s name:
The package’s name:
TABLE 1: SUMMARY OF CONTRACTOR BIDDING FOR DOMESTIC
CONTRACTORS IN TAKING COUNTRY
Technical Amount
Criteria,
General Summary Page Local Foreign
Technical
Instructions currency currency
Notes:
(*) The Contractor shall prepare the detailed bid price from 1 to 7 with detailed and
reliable information and bases for the tenderer to have sufficient basis to assess the
completeness, the response of the offer price in accordance with Form 22.
(**) The bid price of the contractor is the package price, which must include expenses
for taxes, charges and fees and the contractor must calculate and allocate the
Foreign Currency #1
Foreign Currency #2
Notes:
(1) To be used only when the good is eligible for incentives.
II Components of ash
c) FO characteristic:
Design FO characteristic for the Plant (in according with EPC Bidding Document of Hai
Phong Thermal Power Plant) in following:
d) Limestone
Limestone is used as an adsorbent of SO2 in boiler exhaust gas.
d. Catalytic reactor
SCR Reactor shall be designed including 3 chambers: The First and Second chamber
for 2 catalyst layers operating, the third chamber for future catalyst layer in case of the
first and second catalyst layers degrading in result of NOx reduction efficiency not to
meet the requirement. In additional, Sootblowing system shall also be designed with
SCR Reactor for cleaning the surface of the catalyst layers to aim at increasing NOx
reduction efficiency, auxiliary steam from auxiliary header of unit supply for
sootblowing system.
Form of catalyst: Honeycomb and Plate type
For 2 units
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1 NH3 storage tanks
Number 4 Set 2 / 2 units
Volume 95 m3
Design pressure 17,335 mmH2O
2 NH3 discharge
compressor 4 Set 2 / 2 units
Number
Capacity 0.4 m3/minute
s
Head 25,493 mmH2O
Power Motor 7.5 kW
3 Ammonia pump
Number 4 Set 2/2 units
Capacity As per
design
4 Vaporizer
Number 6 Set 3 for 2 units
Volume 1.5 m3
5 Buffer tank
Number 6 Set 3 / 2 units
Volume 1.5 m3
6 Dilution air fan
Number 8 Set 2 / 1 units
Length 5.70 M
Height 10.50 m
3. FGD system
- SO2 emissions
Design SOx concentration in exhaust gas from boiler at load BMCR is 2505
mg/Nm3 (1.1% S, dry. 6% O2). SOx concentration in exhaust gas after
absorption tower of current FGD system and that required by current
environmental standards as well as SOx concentration according to new
upgrading design is shown in following table:
Replace the current cone downwards sprayers with single cone sprayers both 120 o
direction. The branch tubes connecting the nozzles with the manifolds are also replaced
along with the nozzles. Nozzle and pipe fittings are the same or equivalent depending on
the supplier. The number of replacement or renewed parts is as follows:
- Replace the support girders of spray layer and nozzles to match the new nozzle
design.
Perforated trays will be installed on inlet gas line to absorber tower, below the first spray
layer. Materials of the tray shall endure corrosive environment inside the tower. Along
with distribution tray is supporting racks inside the tower. Outside the tower, on the
same height, check gates and operating floors are installed.
+ Number: 01
+ Number of layers: 02
The technical solutions mentioned above are proposed on the basis of information,
assessment and research calculations of feasibility study consultancy. In the later design
stages, it is recommended that the Owner authorizes the Contractor to propose an
optimum engineering plan on the basis of their experience but required to meet the
project objectives.
1 Number 01 perforated
uncorrosion alloy
Mo 6% steel or
equivalent
4. CEMS system
Completely replace the CEMS system of 4 Unit No. 1, 2, 3 & 4 the scope of work as
following:
Full replacement of the system must be combined with a re-survey of the location of the
emission sampling points (estimated emission sampling points will be extracted from
the stack, The measurement location must comply with Circular No. 40/2015 / TT-
BTNMT on technical process of gas emission monitoring). CEMS system of Haiphong
thermal power plant in addition to the function of stack emission monitoring, also has a
function of monitoring the SO2 reduction efficiency of the FGD system (at the outlet
and inlet of the absorption tower). Therefore, the new CEMS system will also include
two sets of analyzes, two independent sampling systems, configuration as presented on
HPJSC-CEMS-DK-01. At the moment the plant is equipped with NOx reduction
equipment; this equipment itself can monitor NOx concentration on outlet of NOx
The exhaust gas analyzer at stack will perform the following tasks (O2, SO2, NOx, and
dust content, flow, temperature monitored here shall be sent to Hai Phong DoNRE
According to Decree 38/2015 / ND-CP and Circular 31/2016 / TT-BTNMT):
- Measure the concentration of SO2 in flue gas;
- Measure the concentration of NOx in flue gas;
- Measure the concentration of O2 in flue gas;
- Measure the concentration of CO, CO2 in flue gas;
- Measure the dust content in flue gas;
- Measure the flow, temperature and pressure of flue gas.
The new CEMS system has the sensitivity needed to detect the emission levels in the
range as follows:
- NOx: 0-2000 mg/Nm3;
- CO: 0-2000 mg/Nm3;
- SO2: 0-3000 mg/Nm3;
- CO2: 0-20 %;
- Dust: 0-500mg/Nm3
- O2: 0-10 %, 0-25 %.
Electric cabinets, sample gas cylinders, DAS systems ... of the new CEMS system will
still be housed in the old CEMS room near the stack area, which must be integrated into
the plant's DCS system including rooms of FGD / ESP / fly ash controls and central
control room. In the central control room of the plant the contractor must equip a
separate operating station for the CEMS system and the station must be connected to the
CEMS system. Interfaces between DCS and CEMS shall include at least the reading of
the analyzer's measurement values, fault alarms related to the failure of any CEMS
device including Low pressure calibration gas, proper measurement and messages in
accordance with the load / start / fire modes ... CEMS must save the operations required
in the auto-calibration modes so that emission data shall be recorded correctly and
displayed when needed.
The CEMS system must be equipped with a DAS (hardware and software) collection
system for each unit. In addition to data collection, data processing, data storage ... DAS
system also functions to transfer data online to the functional agencies through the
Internet.
I CEMS equipment
1 Analyzer : Set
Including NO, CO, CO2, SO2, O2: 2 measuring ranges for
each gas (low and high range). Particularly, the SO2
parameter for each unit must be measured at the Inlet of
the FGD and at the outlet of the stack.
NO2 / NO converter
O2 Analyzer
Recorder analyzer
Sampling pump, water separator, regulating
valve, air filter, gas dryer (non electric) ... and accessories
II Sampling equipment
set
1 The sampler cleaned with compressed air
set
2 Reusable heating tube, PFA or PTFE material with
integrated heat sensor on the tube. Using a double tube (a
sample tube, a tube for calibration for accuracy test)
III Peripherals
set
1 Equipment to measure dust concentration, gas opacity
set
2 Gas pressure
set
3 Gas flow rate
IV DAS of CEMS
The contractor should survey the site to propose the layout of the site, the construction
solution in accordance with the current status of the plant.
NFPA standards
NFPA 850: Recommended Practice for Fire Protection for Electric Generating
Plants and High Voltage Direct Current Converter Stations
NFPA 14: Standard for the Installation of Standpipe and Hose Systems
NFPA 15: Standard for Water Spray Fixed Systems for Fire Protection
NFPA 16: Standard for the Installation of Foam-Water Sprinkler and Foam-
Water Spray Systems
NFPA 22: Standard for Water Tanks for Private Fire Protection
NFPA 24: Standard for the Installation of Private Fire Service Mains and
Their Appurtenances
NFPA 25: Standard for the Inspection, Testing, and Maintenance of Water-
Based Fire Protection Systems
5.3. Assess the risk of fire and explosion within the project scope and solutions
The project of upgrading and upgrading the system of Hai Phong 1 and 2 gas
plants includes the following main items which need to assess the risk of fire and
explosion in order to have fire prevention and fire fighting measures:
- The area where the SCR is installed at the boiler
- Areas for installation of storage and preparation systems, ammonia reactors
For the current FGDs, due to not replacing the new equipment, only some of the
interior parts have been renovated, so it does not affect the original design and
operation status of existing fire extinguishing equipment. Similarly, for fans of
boiler, the replacement of existing fans with new fans does not affect the original
design and operating status of the existing fire extinguishing equipment in the fan
area. Therefore, the assessment of the risk of fire and the selection of technical
solutions for fire fighting in these areas will not be necessary.
1. The risk of fire and / or explosion at the boiler / SCR absorber area
and the proposed solution
SCRs have a box-shaped structure, suitable steel cover & insulation (insulation).
The device is supported on the additional steel structural fitting & connection to
the existing steel frame.
The installation area of the SCR will operate at a temperature of about 350-
400oC and a pressure (negative) of about 200mmH2O. At this temperature, the
possibility of self-igniting NH3 combustion is very low (auto ignition
temperature without high NH3 catalyst, 850 ° C - see below). The area also has
no electrical equipment that can be short-circuited (such as electric motors), so
the risk of electric ignition can also be eliminated.
However, during operation can occur ash fly in the smoke, there are unburned
carbon particles, deposited on the catalyst layers inside the SCR. When
accumulated to some degree, under the effect of high smoke flow temperature
can lead to fire explosion. If an explosion occurs in the SCR, it can lead to the
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cover of the leaky, torn device leading to exhaust fumes and high temperature
ammonia into the surrounding environment. This problem can be prevented and
avoided by periodic inspection, cleaning and replacement of catalyst layers inside
the SCR reactor.
Outdoor fire hoses, class III fire-fighting water systems and portable fire
extinguishers should be used for SCR areas (similar to other areas of the boiler
already in place). The area will also be positioned heat detector for sensor and
fire detection. In addition, ammonia leaks may be present in the valves on the
ammonia pipelines in this area, so ammonia leak detectors should be installed in
this area.
2. Risk of explosion at storage area and ammonia treatment
Physical characteristics of ammonia:
- Chemical formula: NH3
- Melting temperature: -77.72 oC
- Boiling point: -30.6 oC
- Auto ignition temperature: 650 oC
- Lower explosive limit: 16%
- Higher explosive limit: 25%
NH3 anhydrous (typically liquid ammonia) is classified as a toxic chemical,
which is likely to pollute the environment, affecting human health if released into
the environment.
Explosive properties of NH3
Ammonia itself is not a flammable substance and does not sustain combustion.
The combustion temperature of NH3 is quite high: 650 ° C in the presence of iron
catalyst, and 850 ° C (15620 ° F) without catalyst. At this temperature, ammonia
gas can generate explosive atmospheres when the ammonia concentration in the
mixture is 16-28%. When ammonia is exposed to mercury, the halogens, silver
oxide, hypochlorite can also produce explosive compounds.
Containers and evaporation of ammonia at the chemical preparation area of the
SCR system may present a potentially explosive or highly explosive hazard to
operators and equipment in the surrounding area. Therefore, all ammonia
handling, transportation and handling equipment must be designed and
manufactured in compliance with the relevant standards and regulations for
pressure equipment and equipment containing chemicals. In the area, detector
system and chemical detectors are also installed for staff to timely detect and take
measures.
In terms of fire protection, it is recommended to use the system of heat detectors,
smoke detectors & automatic fire alarms; Automatic fire sprinkler system;
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Outdoor fire extinguishers, indoor fire extinguishers and class III fireplaces for
chemical preparation areas of SCR systems. Firefighting equipment is also
equipped.
5.4. Specific technical solutions on fire prevention and fighting
Within the range of improvements and upgrades, the following fire protection
equipment will be installed:
Recognition system (heat detector, smoke detector) and automatic fire alarms,
manually (bell, buttons).
Fire hose system for indoor and outdoor fire fighting
Automatic fire sprinkler system
Portable fire extinguishers: ABC powders and CO2 extinguishers (portable and
trolley).
1. SCR installation area
The SCR installation area is designed with the following systems:
Heat detector and fire alarm system: This system will be connected to the fire
alarm controller of the plant. When the fire alarm is detected, the system will
alert the operator to issue the fire alarm.
The system of water supplying firefighting pipes to the fire hydrants is properly
designed at the operation areas to ensure compliance with TCVN. Fire water for
the SCR area will be extracted from the plant's common fire water pipeline
system in the existing boiler area.
Portable CO2 Fire Extinguisher System: In the SCR area, portable fire
extinguishers will be located in appropriate quantities and spacing and compliant
with TCVN.
2. Ammonia storage and handling area
By analysing the fire risk of the storage area and the treatment of the ammonia
reactor above, the design consultant proposes the following measures for fire
prevention and control:
- Automatic Firefighting system
+ Central control cabinet; (Only for local use, connected to the plant central
control cabinet)
+ Fire alarm detectors (heat detectors, smoke detectors);
Fire alarm box;
Auxiliaries;
Power source.
Activities of the
No Effectively Mitigation measures
Project
I Construction and installation stage
1 Transportation of Generation particle dust and Preparing and issuing
materials and emission gases regulations on activities
equipment Source: Activities of of means of transportation
transportation equipment for the Project
and discharging of
Inspecting and monitoring
materials and equipment...
in detail regulations:
Effective: Polluting to the
Inspection and monitoring
Air Environment
of transportation means
Boundary: Along the that meet regulations will
transportation routes, put into operation.
loading and unloading
Covered material vehicles
areas and material and
are washed before going
equipment.
out the site.
Object: People living along
Vehicles must take the
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Activities of the
No Effectively Mitigation measures
Project
the transportation route, specified load
employees working in the Regulating the speed of
Plant. vehicles in residential
area
Covering of work areas,
material discharging areas
by suitable measures
(plastic sheet, canvas,
fine-mesh screen..)
Addition of traffic signs
and introductions at
necessary locations on the
site and at where traffic
jams and congestion may
occur.
Spraying water at along
with transportation routes
and material discharing
areas.
Noise and Vibration Out of regulations for
Sources: Means of transportation means and
transportation and working area above-
unloading , uploading mentioned. Some specific
Boundary: Along the regulations shall be
transportation routes, added in following.
loading and unloading Regulations for unloading
areas and material and time of equipment and
equipment. materials.
Object: People living along Selection of suitable
the transportation routes, unloading means to
employees working in the decrease.
Plant. Regulations for employers
not Pregnant women,
children or heart patients
and high blood pressure...
to do the compaction,
concrete grinding, large
truck drivers, or in areas
of high noise and
Page 156 of 188
Activities of the
No Effectively Mitigation measures
Project
vibration.
Increasing of road traffic in Transportation means
the area: must be qualified for
Sources: Activities of circulation.
transportation means of
Preparing and publishing
materials and equipment
the transportation plan of
Effective: latent of traffic materials and equipment
jams and accidents on to Local Authorities.
connecting roads in specify
Co-operating with Local
Boundary: Along the Authorities to set up
transportation routes, signal roads, reasonable
loading and unloading traffic distribution
areas and material and
Traffic dispatch Powers
equipment.
shall be arranged at
Object: People living along intersections with higher
the transportation routes. traffic volume, also risk of
higher traffic jams
Increasing of waterway traffic Transportation means
volume must be qualified for
Sources: Activities of circulation.
transportation means for
Preparing and publishing
imported materials and
the transportation plan of
equipment at Ports
materials and equipment
Effective: Latent risks of from Ports to the Plant to
impact, shipwrecked ships Authorities.
in transportation in result
Co-operating with Local
of environment accidents
Authorities to set up
such as: oil spill ..
signal broads, reasonable
Boundary: Along the traffic distribution
transportation routes
Object: surface water
pollution at the area
2 Disassembly of Particle dust and emission Using of the qualified
existing gases equipment.
equipment for
installing of new Sources: Equipment for Covering and isolating the
steel structure drilling, cutting, site areas by suitable
and equipment disassembling steel methods
structure and equipment Collecting and cleaning
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Activities of the
No Effectively Mitigation measures
Project
Boundary: at disassemble materials
areas Providing labor protection
Object: Workers means
Noise Using of the qualified
Sources: Activities of equipment.
drilling, cutting and Providing labor protection
disassembling means
Boundary: at disassemble
areas
Object: Workers
Labor safety Employing of trained
Sources: Operating of workers for safe operation
drilling, cutting means of means
Boundary: at disassemble Providing labor protection
areas means.
Object: Workers Organizing of reasonable
working time
Disassembled steel structure Collecting for recycling
(shaped plate ...). and reusing
Treating of remaining
materials by functional
institutions.
3 Construction Particle dust Covering and isolating the
works site areas by suitable
(foundation Sources: Activities of
foundation excavation methods
excavating,
pouring) Effective: Air pollution Spraying water for
reducing dust at
Boundary: at construction
uncovered surface areas
areas
Covering and washing for
Object: Workers
material vehicles before
coming out the site.
Regulations for speed of
transportation vehicles on
roads, at residential and
the site areas
Collecting and cleaning
dust materials on roads
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Activities of the
No Effectively Mitigation measures
Project
and the site areas
Covering for material
storage areas
SOx, NOx, CO, VOC Using of the qualified
emissions: equipment.
Sources: Activities of
Maintenance of
drilling, piling devices.
equipment by period
Effective: affecting to
Transporting for correct
health and safety of
load of truck
workers
Providing labor protection
Boundary: at construction
means.
areas
Object: Operators and
workers
Noise and vibration Using of the qualified
Sources: Activities of equipment and means.
drilling, piling devices... Inspection and
Effective: affecting to Maintenance of
health and safety of equipment by period
workers Organizing of reasonable
Boundary: at construction working time
areas Selecting reasonable
Object: Operators and compacting, drilling
workers devices for each
construction area.
Providing anti-vibration
earplugs and gloves for
workers who operate high
noise and vibration
devices
Not employing Pregnant
women, children or heart
patients and high blood
pressure persons to work
at high noise and
vibration areas
V. Warranty specifications
The Contractor shall fill and meet the minimum requirements for Warranty
specifications in the table below:
SCR specification requirement
99,5% Ammonia
Note:
(*) Proposal Bidding Documents are determined not meet technical requirements
at the First Stage if Proposal Bidding Documents proposal Performance
guarantees not to achieve minimum requirement above-mentioned.
(**) Where the type of coal with the largest N content by design is not available
during the test run, the contractor must commit and provide clear and reliable
evidence (by calculation, data, etc.) on the ability to meet NOx emission limits
(<510 mg / Nm3) using the highest N content coal, including the provision of
correction curve charts for interpolation or extrapolation calculation of the NOx
emission value for that case. The correction curve diagrams must be included in
the tender documents of the contractor.
(***) The contractor is responsible for proposing the minimum required values.
The Contractor's proposal will be included in the technical review to determine
the suitability of the technical proposal for phase 1.
(****) Catalyst life is determined by the measure of activation or depletion of
NOx removal efficiency. In the technical proposal, the Contractor shall submit a
method for determining the life of the catalyst for the Owner to consider.
Pursuant to Decision No._____ dated _________of the Owner [insert the Owner’s
name], (hereinafter referred to as “the Owner”] in terms of approval for result of
selection of Contractor for ________[insert name of package], the Owner notifies you
that the Owner has accepted your Bid and award the Contract for execution of the
[name and number of package] with the Contract price of ___[insert successful bid
price specified in the decision on approval for results of bidder selection] with the
Contract duration of ____[insert the Contract duration].
Request the legal representative of the Supplier to enter into the Contract with the
Owner according to the following plan:
- Contract finalization time: _________, in/at __________;
- Contract conclusion time: ________in/at_________, enclosed with the Contract
Agreement Draft.
Request the Supplier to carry out the Performance Security as prescribed in form No. 28
of Chapter XI - Contract Forms included in the Bidding Documents with an amount of
_______and validity period of _____________[as specified in SCC Section 6.1 of the
Bidding Documents].
This Notification is an integral part of the Contract. Upon the receipt of this
Notification, the Supplier must send us a Notification of acceptance of the Contract
completion and carry out the Performance Security as required at the current capacity of
the Supplier as specified in the Bidding Documents. The Owner shall reject the Contract
conclusion with the Supplier if the capacity of the Supplier fails to satisfy the
requirements of the package.
If the Supplier fails to conclude or refuse to conclude the Contract or carry out the
Performance Security in conformity with the above requirements [according to scope
and nature of the package to stipulate deadline for Performance Security, Contract
finalization and conclusion not later than 28 days, from the date of letter of acceptance
and notification of award], the Supplier shall be rejected and returned the bid security.
Legal representative of Owner
[Full name, position, signature and seal]
Attachments: Contract Agreement Draft
[Signature]
Page 175 of 188
[Title]
[Signature]
[Title]
Notes:
(1) According to specific requirements of the package and in accordance with GCC and
SCC Article […].
(2) Address of bank: specifying address, phone number, fax, and email address.
(3) Prescribed date in GCC and SCC Article […]
Date:________ ________________
Invitation to Bid No.: ________________
[Contract’s name]
To: [Contractor’s name and address]
Pursuant to the Contract being entered into between yourselves and the Owner dated
[…], relating to the [brief description of the Facilities], we hereby notify you that the
Functional Guarantees of the following parts/Facilities were satisfactorily attained on
the date specified below:
1. Description of Facilities or parts thereof: [description]
2. Date of Taking over: [ ]
This letter does not relieve you of obligation to complete the execution of the Facilities
in accordance with the Contract nor of your obligations during the Defect Liability
Period.
Sincerely,
_______________________________________________
Position
(Project manager)
[Contract’s name]
To: [Contractor’s name and address]
Pursuant to the Contract entered into between yourselves and the Owner dated […],
relating to the [brief description of the Facilities], we hereby notify you that the
Facilities was (were) complete on the date specified below, and that, in accordance with
the terms of the Contract, The Owner hereby take over the said part(s) of the Facilities,
together with the responsibility for care and custody and the risk of loss thereof on the
date mentioned below.
1. Description of the Facilities or part(s) thereof: [description]
2. Date of completion: [ ]
However, you are required to complete the outstanding items listed in the attachment
hereto as soon as practicable.
This letter does not relieve you of your obligations to complete the execution of the
Facilities in accordance with the Contract or nor of your obligations during the Defect
Liability Period.
Sincerely,
_____________________________________________________
Position
(Project manager)
Including Schedule Level 1 and Schedule Level 2 in horizontal bar chart; Schedule
indicates time periods (such as week, month) from the effective date of the contract.
Time Schedule Level 1: Major works in the engineering, procurement, manufacturing,
installation; testing and acceptance should be indicated. In addition, the Time Schedule
must identify development milestones taking commitments in terms of Contractual
obligations.
Time Schedule Level 2: To be structured in the manner as conformable with the
Detailed Work Schedule. The level of detail should be achieved so as to all of the
elements in the Technical Specifications of the project can be monitored compared to the
basis progress of the Contract. Typical work activities should include but not limited to
the following:
- Major milestones
- Connection time
- Submission of documents (quality assessment plan, training guideline documents)
- Engineering initiation (input parameters for detailed engineering, drawings for the
construction work)
- Procurement (to be made for major equipment)
- Manufacturing
- Testing
- Delivery
- Be ready to launch, reliable operation, guarantee test etc.
Note: During the performance of the contract, the Contractor shall prepare Level 3 and
Level 4 schedule reports for the Owner to plan the work of monitoring, The work of the
contractor. Specific requirements for Level 3 and Level 4 progress will be discussed and
agreed between the Owner and the Contractor during the negotiation phase.
Pursuant to GCC Article 5.2 Contractor documents, the Contractor shall prepare or
cause its Subcontractor to prepare, and present to the Project Manager in accordance
with the requirements of GCC Article 5.2, the following documents for requirements
prescribed and relevant provisions for approval or review by the Owner.
The example hereunder, which is editable, is subject to the Owner's decision and
consensus between parties.
Type and Purpose(3
Description (1) Duration(2) )
quantity
1. Applicable criteria and
5P/ 1E 1 month A
regulations
According to time
2. Machinery ground layout schedule for
5P/ 1E A
diagram submission of
Bidder’s documents
3. Time schedule for submission of 2 months and every
5P/ 1E A
Bidder’s documents month
According to time
schedule for
4. Basic design 5P/ 1E A
submission of
Bidder’s documents
According to time
5. Documents, drawings,
schedule for
specifications in construction 5P/ 1E A
submission of
phase
Bidder’s document
To accept the
handover of works
6. For construction drawings 5P/ 1E A
(temporary
acceptance)
2 months & weeks
7. Implementation schedule
5P/ 1E (for construction on A
diagram (levels 1, 2, 3, 4)
site)
8. Quality control plan 5P/ 1E 2 months I
9. Quality management procedure
5P/ 1E 2 months I
guide
10. Detailed inspection test plan 5P/ 1E After test A
Notes:
(1) P = original (physical); R = copy (reproduced), E = electronic (electronic); quantity
means the necessary quantity of each document.
(2): A month will begin from the effective date of the Contract;
Other equipment
1
Construction
1
Installation
1
Other
1 Design
2 Insurance
3 Transportation
4 Other
Notes:
1. “Major equipment” is determined according to the typical characteristics of each
project and subject to the request of the Owner.
2. “Construction” includes suppliers of building materials, construction Contractors
(subcontractors).