ASEAN GMP. ABC PHARMA.

FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

INSTRUCTIONS TO TENDERER
1. 2. 3. 4. Employer......................................................................................................................3 Project Description.......................................................................................................3 Scope of the Works......................................................................................................6 Scope of Tender...........................................................................................................6 4.1. Form of Tenderer Selection.................................................................................6 4.2. Mode of application.............................................................................................6 Applicable Technical Standards....................................................................................6 Capital Source for the Project.......................................................................................7 Qualification of Tenderers.............................................................................................7 Requirements of Materials, facilities and the Works.......................................................7 8.1. Materials and Facilities........................................................................................7 8.2. The Works...........................................................................................................7 Inspection of Site and Tenderers Queries.....................................................................7 9.1 Inspection of Site.................................................................................................7 9.2 Tenderers Queries..............................................................................................8 Obtainment of Tender Document..................................................................................8 Tender Document.........................................................................................................8 11.1 Definition............................................................................................................8 11.2 Contents of Tender Document............................................................................ 8 Documents to be Submitted for Tender.........................................................................9 (1) Application of Tender...........................................................................................9 (2) Copy of Business Registration or License for Construction Works.........................9 (3) Information on the Tenderer and Experiences......................................................9 (4) Technical Presentation Documents and Drawings................................................9 (5) Equipment List and Schedule..............................................................................9 (6) Construction Program..........................................................................................9 (7) Project Team Organisation Chart.......................................................................10 (8) Estimate and Unit Price....................................................................................10 (9) Tender Security.................................................................................................10 Amendment of Tender Documents..............................................................................10 Language of Tender...................................................................................................10 Conditions of Tender Price..........................................................................................10 Conditions of Materials and Utilities.............................................................................11 Period of Tender Validity.............................................................................................11 Tender Security..........................................................................................................11 Assignment of Subcontracting.....................................................................................12 19.1 Responsibilities and Obligations of the Contractor..............................................12 19.2 Responsibilities and Obligations of the Subcontractor.........................................12 Joint Venture..............................................................................................................12 Submission of Tender Document................................................................................12 21.1 Number of Submission......................................................................................12 21.2 Place for Submission.........................................................................................12 Submission Date and Time.........................................................................................12

5. 6. 7. 8.

9.

10. 11.

12.

13. 14. 15. 16. 17. 18. 19.

20. 21.

22.

CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 1

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35.

36. 37. 38.

Late Tender................................................................................................................12 Modification and Withdrawal of Tender Document.......................................................13 Tender Opening.........................................................................................................13 Confidentiality of Documents and Information..............................................................13 Clarification of Tender Documents..............................................................................13 Conditions for Establishing Eligibility of Tenders........................................................14 Correction of Errors....................................................................................................14 Currency of Tender.....................................................................................................14 Conditions of International Tendering and Favour to Domestic Tenderers....................14 Evaluation and Comparison of Tenders.......................................................................14 Employers Right to Accept or Reject any or all Tender................................................15 Performance Security.................................................................................................15 Contracting.................................................................................................................15 35.1 Notification of Award..........................................................................................15 35.2 Mode for Contract Implementation.....................................................................16 35.3 Signing of Contract............................................................................................16 Refundment of Tender Security...................................................................................16 Other Requirements of Tender Inviting Party...............................................................16 Site Conditions...........................................................................................................17 38.1 Geometrical Conditions......................................................................................17 38.2 Geographical Conditions....................................................................................17 38.3 Climate Conditions............................................................................................18 38.3.1. Temperature..........................................................................................18 38.3.2. Humidity................................................................................................18 38.3.3. Rainfall Distribution................................................................................18 38.3.4. Wind Distribution....................................................................................18 38.4 Electrical Supply Condition................................................................................18 38.5 Water Supply Condition.....................................................................................18

CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 2

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

INSTRUCTIONS TO TENDERER
1. Employer Employers Name : ABC VIETNAM PHARMA. Co. Ltd. Address : 1st Floor, 136 To Hien Thanh Street, District 10, Ho Chi Minh City. Telephone number : Fax number : 84.8.8625553. 84.8.8625554.

ABC Pharma. Co. Ltd. is a triply Joint-Venture between ABC Co., Ltd. and ABC Corporation, the two Korean Based Company and the Central Pharmaceutical Company X, a company under the Ministry of Health of Viet Nam. 2. Project Description Project name : ASEAN GMP ABC PHARMA FACTORY. Location : Bien Hoa Industrial Zone II, Dong Nai Province. The Project occupies a construction area of 20,000 sq. meters; 30 km apart from Ho Chi Minh City, 100 km apart from Vung Tau City, 9 km apart from Bien Hoa City; located in the conjunction of national roads and highways linking the Cities of Ho Chi Minh, Bien Hoa and Vung Tau, the Southern Strategic Economic Triangle. The Project consists of the following Sections : (1) Main Shop * Construction Area : 5,567 m2. * Structure : - Foundation, columns, beams are made of reinforced concrete, walls are brick wall, outdoor surfaces of walls are faced with insulation glass fibre material. * Architecture: - External surfaces of closure walls are faced with ceramic tiles, adding waterproofing admixture, Sikatop. - Internal surfaces of closure walls and surfaces of partitions are painted with emulsion paint. - Floors are faced with terrazzo. - Floors and walls of toilets are faced with glazed tiles, adding waterproofing admixture, Sikatop. - Several rooms are coated with epoxy-based products for their specific use. - Suspended ceiling system is gypsum board, insulation board and ISO board installed for each room. - Roof slab is cast with reinforced concrete, then plastered with cement mortar and waterproofed with Igolflex admixture. - Upper roof are made of galvanised steel sheets (supported by steel truss system). - Stairs are completed with in-situ terrazzo. (2) Gate house. * Construction Area : 36m2. * Structure : * Architecture: -Foundation, columns, beams are made of reinforced concrete, walls are brick wall. - Surface of walls are painted with emulsion paint and added with Sikatop waterproofing admixture. - Floors are completed with in-situ terrazzo.

CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 3

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

- Roof slab is cast with reinforced concrete, then plastered with cement mortar and waterproofed with Igolflex admixture. (3) Canteen * Construction Area : 231m2. * Structure : * Architecture: -Foundation, columns, beams are made of reinforced concrete, walls are brick wall. -Surface of walls are painted with emulsion paint, and added with Sikatop waterproofing for kitchen area. - Floors are completed with in-situ terrazzo. - Floors and walls of toilets are faced with glazed tile, adding waterproofing admixture, Sikatop. - Suspended ceiling system is gypsum board, insulation board and ISO board, installed for dinning, rest and resting rooms. - Roof slab is cast with reinforced concrete, then plastered with cement mortar and waterproofed with Igolflex admixture. - Floors are completed with in-situ terrazzo. (4) Laboratory * Construction Area : 121m2. * Structure : * Architecture: -Foundation, columns, beams are made of reinforced concrete, walls are brick wall. -Walls are painted with emulsion paint, and added with Sikatop waterproofing admixture for external wall. - Floors are completed with in-situ terrazzo. - Roof slab is cast with reinforced concrete, then plastered with cement mortar and waterproofed with Igolflex admixture. (5) Utility Centre * Construction Area : 358m2. * Structure : * Architecture: -Foundation, columns, beams are made of reinforced concrete, walls are brick wall. -Surface of walls are painted with emulsion paint, and added with Sikatop waterproofing admixture for external wall. -Reinforced concrete slab is hard steel troweled finished, and completed with in-situ terrazzo in the office area. -Floors and walls of toilets are faced with glazed tile, adding waterproofing admixture Sikatop. -Roof slab is cast with reinforced concrete, then plastered with cement mortar and waterproofed with Igolflex admixture. -Ceiling is painted with emulsion paint. -Stairs are completed with in-situ terrazzo. (6) Oil Tanks * Structure : - Type 1 : Concrete support frame, seated on a concrete base. - Type 2 : Support frame is made of shape steel. - Both are installed with access ladders to the top of tanks. * Architecture: - Concrete support frame and base are cement coated.

CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 4

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

- Access ladders and steel support frame are painted with a red oxide primer and finish coats. (7) Bicycle Shed * Construction Area : 102m2. * Structure : * Architecture: -Truss frames are made of steel pipes, steel purlins. - Frames are coat with red-oxide primer and finish coats. - Roof are made of galvanised steel sheets. (8) Gate and Fence * Boundary fences enclose the whole factory area. * Structure : - Type 1 : Fences are made of brick wall, sub-columns are made of reinforced concrete used for the portions adjacent to other buildings. - Type 2 : Fences are made of steel posts and rails, sub-columns are made of reinforced concrete, used for the portions adjacent to external roads. - Main gate is made of steel, running on steel rails. - Emulsion paint is used for brick wall and sub-columns. - Main gate is painted with red oxide primer and finish coats.

* Architecture: (9)

Electrical, Steam Boiler, MVAC system The internal electrical system is supplied from the main electrical network of Bien Hoa Industrial Zone II. This system shall comprise of a supplying substation to any part of the Factory, steam boiler, air compression system, facilities and accessories for air-conditioning and cooling systems of a pharmaceutical Factory.

(10) Water Supply and Drainage Systems Water supply and drainage systems shall comprise of pumps, pressure tank, pipe lines, used for the purpose of irrigating water from the local water supply system to any part of the Factory. Water treatment tanks are incorporated with waste water drainage system to process and discharge processed water to the local drainage system. The system shall also include sanitary accessories installed in appropriate positions for companys staff use. (11) Water Drainage System This system shall comprise of pipe lines, manholes, ditches, trenches, which are made of reinforced concrete, installed following the internal roads and near-by each building. The system will discharge storm water to the local drainage system. (12) Waste Water Treatment System This system shall comprise of waste water treatment tanks, pipe lines, manholes, trenches, ditches, which are made of reinforced concrete. The system shall be installed along the buildings in order to discharge the used water from living and production activities to the water treatment tanks and then discharge to the drainage system of Sonadezi Company at the outside of the Factory. (13) Internal Road, Carpark, Landscaping and Flag poles Free area of the Factory will be used to make internal roads, carparks, landscaping and flag poles. * Internal roads and carpark shall be made of the following courses : - Surface course of fine-grained or coarse-grained asphalt concrete, nominal thickness of 3cm. - Bonding course of fine-grained asphalt.
CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 5

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

- Base course of crushed stone of 16 cm to 20 cm thick. - Sub-base course of laterite soil, well compacted, 20 cm to 30 cm thick. * Landscaping : - Landscaping area : 8,266 m2. - Landscaping species : ornamental grass, and ornamental trees, areca species, of average 5m high. * Flag Poles : - Number of Flag Poles : 4. - Structure : footing and base are made of reinforced concrete, flag poles are made of special stainless steel. (14) Fire Alarm and Fighting System The Factory shall be installed with an automatic fire alarm and fighting systems, which include smoke detectors and heat detectors, and portable fire extinguishers placed at convenient positions, and fire hoses located in proper positions to support the fire prevention and fire fighting for the Factory. (15) Lightning Protection System The lightning protection system shall include three collection rods, which are placed on Canteen, Top of Upper Roof and Stair Cage of the Main Shop, assuring a collection volume for the whole Factory. Earthing rods of the lightning protection system shall have a maximum electrical resistance of 10 Ohm(). 3. Scope of the Works Any legal Tenderer shall exercise his entire responsibilities stated in the Tender Documents to satisfy the requirements of the Employer and on the account of his purpose and benefit to be a successful Tenderer. That is to say, the scope of the Works are : 1. Civil works: constructing all of items of the Pharmaceutical Factory. 2. Procurement and installation of utility equipment, including air conditioners, plumbing system, steam boiler, air compressing system, cooler equipment, fire alarm and fighting system, lightning protection system and waste water treatment system of the Project. 4. Scope of Tender

4.1. Forms of Contractors Selection The form of International limited Tender with the checking of the tenderers ability on the basis of several tenderers participations shall be used for the Tender of this Project. The Employer shall make notification on public media, specifying conditions and time of the Tender. 4.2. Mode of Application The Employer shall apply the Mode of One Envelope Tender for this Project. Under which, The Tenderers shall be required to submit their technical and financial proposals, the prices and other conditions in a single envelope. 5. Applicable Technical Standards Refer to Technical Specifications in Chapter VI.

CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 6

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

6.

Capital Source of the Project The capital source of the Project is invested from the capital of ABC Joint-Venture Company, having account number 3621.05.99.0000.3819 at First Vina Bank (HCMC). Representative : Mr. XYZ. Position : General Director.

7.

Qualification of Tenderers The Tenderers shall comply with the following conditions : - The Tenderers shall have the License of Construction Business. - The Tenderers shall have sufficient technical and financial capacities to satisfy the requirements stated in the Tender Documents. - Each Tenderer shall only submit One (01) Application of Tender.

8. 8.1

Quality Requirements of Materials, Facilities and the Works Quality of Materials and Facilities (a). Materials and facilities used for the Works shall be identical to those specified in the approved design in respect to quality, specifications, and trade marks. All materials and facilities shall be brand-new, and represented by models, patterns or approved by a competent testing agency, and obtained the prior consent of the Employer before being incorporated to the Works. The Contractor shall be fully responsible for, submitted in writing, quality and specifications of materials and facilities toward the Employer. Any material or facility found to be incorrect quality and/or specifications, the Employer shall reserve the right to require the Contractor for substitution. Any cost occurred or relating to the substitution shall be born by the Contractor. (b). Conformity with Contract - The Contractor agrees that the Employer shall ascertain that the Contractor has dilivered the materials and equipment in conformity with this contract at the site. - The Contractor further agrees that he shall be deemed not to have delivered the materials and equipment under this contract where the Contractor dilivers to the Employer, only part of the materials and equipment or a lesser number of each kind of materials and equipment, or different kinds of materials and equipment in conformity with this contract. - The Contractor further agrees that he shall be deemed to have supplied the materials and equipment in conformity with this contract after the Employer carries out the examination of the goods at the site and and confirms to the Contractor in writing that the deliveries are in conformity with this contract.

8.2

Quality of the Works All Sections of the Works shall be done in accordance with the relevant specifications. Before putting any part of the Works, the part shall be tested and certified by a competent testing agency. Any cost occurred or relating to the testing and certifying shall be born by the Contractor.

9. 9.1

Site Inspection and Tenderers Queries Site Inspection The Tenderer is advised to inspect and examine the Site of the Works and its

CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 7

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

surroundings and obtain for himself on his own responsibility, all information that may be necessary for preparing the Tender and entering into the Contract. The costs of inspecting and examining the Site shall be at the Tenderers own expense. Any subsequent claim by the Contractor for an increase in the Contract Price or extension of the Contract period due to his failure to implement this requirement will not be entertained. 9.2 Tenderers Queries Any Tenderer requiring clarification of the Tender documents shall submit his queries to the Employer in writing by mail or facsimile. The Employer will prepare and dispatch written replies to queries. The replies, together with the text of the queries will be issued to the Tenderers without quoting the source of the queries, and the Tenderer shall be required to acknowledge receipt of the information. Replies to queries shall, where appropriate, be issued as addenda to the Tender Documents. No inquiry from the Tenderer by telephone shall be accepted. In any case, the deadline for submission for the queries shall be fifteen (15) days before the deadline for submission of tender, and the replies will be done until the date of ten (10) days before the deadline for submission of tender . A person in charge is as follow : CIDECO Technical Consultant Department 51 Nguyen Thi Minh Khai - District 1 - HCMC Tel. number : 8292898 - Fax number : 84.8.8294931 10. Obtainment of Tender Documents The Tender Document is obtained, from the Employer, by the only legal Tenderers after the announcement of the Tender against payment of a sum of Three million Vietnamese Dong (2.000.000VND), non-refundable, at Employer office. Address : ABC VIETNAM PHARMA. CO., LTD. abc 11. Tender Documents

11.1 Definition The Tender Documents mean all documents, drawings and appendices to be issued by Employer for the Tender. The purpose of the Tender Documents is to provide the basic of the Tender for Construction of ASEAN GMP. ABC FACTORY Project by the Tenderer. Tenderers are expected to examine all instructions, forms, terms and specifications in the tender document. Failure to furnish all the information required by the tender document or submission of offers not substantially responsive to the tender document in every respect will be considered in complete and may result in the rejection of offers. 11.2 Contents of Tender Document The following is a list of documents issued for tender purposes : (1) (2) (3) (4) (5) Invitation to Tender. Instructions to Tenderers. Conditions of Contract. Technical Specifications. Forms of Tender.

CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 8

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

(6)

Attachments to Tender Documents (a) (b) (c) (d) Design drawings. Construction Schedule Conditions of Site. Bills of Quantities.

The Tenderer shall confirm the contents of Tender after the receipt of Tender Documents. 12. Documents to be submitted for Tender The Tenderer shall submit the following documents : (1) Application of Tender The Tender shall fill in the Application Form provided in Chapter III, and that application shall be signed by a competent authority of the Tenderer. (2) (3) Copy of Business Registration or License for Construction Business Information on the Tenderer and Experiences The Tenderer shall submit the general information including the following: a) b) c) d) e) f) g) The companys Establishment Decision, Current Financial Condition Report, Organisation, Number of employees, Number of Engineer for civil works and their qualifications, Branch office or affiliated company intending to execute the Project. The Tenderer shall describe the number and scale of the experienced construction works in conformity with the following terms in the form provided in Chapter III.

(4)

Technical Presentations and Shop Drawings The Tenderer shall submit technical presentations and construction method statements intended to used for the execution of the Main Shop as detailed in the followings : (a) (b) (c) (d) Construction method used for the second floor slab. Waterproofing method for floors and walls using Sikatop Seal 107 admixture and Epoxy paint. Construction method for enclosure walls insulated with glass fibre. Construction method for water treatment tank.

(5)

Equipment List and Schedule The Tenderer shall submit the list of heavy equipment which are available for the works in the form provided in Chapter III, and he shall also attach the catalogue or specifications for several selected important equipment. In addition, the Tenderer shall submit an intended Monthly Schedule of Equipment for the construction period of his own and/or hired equipment. This schedule shall describe in detail the positions of equipment, time of use or removal, operation procedures, and maintenance procedures for break-down cases.

(6)

Construction Program The Tenderer shall make and submit the Construction program based on the original master program supplied by the Employer. The original master program include the construction schedule, man-power schedule, equipment arrangement schedule.

CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 9

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

The Tenderer could modify the details in the original master program but the Completion Date designated in the construction program by the Employer shall be kept strictly. (7) Project Team Organisation Chart The Tenderer shall make and submit the project team organisation chart used for the Project, stating the number of staff, their charge and English ability to speak. (8) Estimation and Tender Price The Tenderer shall fill the unit price and the calculated results in the form of estimation provided in Chapter IV. (9) Tender Security The Tenderer shall submit the Tender Security in accordance with Clause 18 in this Chapter, referring to the form provided in Chapter III. 13. Amendment of Tender Documents At any time prior to the original or extended deadline for Submission of Tenders, the Employer may, for any reason, whether at his own initiative or in response to a clarification requested by a prospective Tenderer, modify the Tender Documents by the issue of an addendum. The addendum will be in writing or by facsimile and will be sent by the Employer to all prospective Tenderers who receive the Tender Documents. The prospective Tenderers will be required to acknowledge receipt of the addendum and the contents of the addendum will become part of the Tender Documents and will be binding on the Contracting Parties. In order to afford prospective Tenderers reasonable time in which to take the effect of the addendum into account preparing their Tender, the Employer may, at his discretion, extend the deadline for submission of Tenders in which case all rights and obligations of the Employer and the Tenderers previously subject to the original deadline as extended. 14. Language of Tender The Tender must be prepared and submitted in English and Vietnamese, having the same legal value. Attachment documents and printed literature furnished by the Tenderer with the Tender may be in another language provided that they are accompanied by an appropriate translation of the pertinent passages. For the purpose of interpretation of the Tender, the English language shall prevail. 15. Condition of Tender Price The Tenderer shall make the estimation sheets based on Bills of Quantities which are calculated by the Employer. During the estimation stage, the Tenderer shall combine any cost occurred by the Temporary Works and then estimate the unit price accordingly. The Work shall be classified into Items as shown in the following, and the estimation will be done in accordance with these Items :

CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 10

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

No.

Name of Item 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 Oil Tank Bicycle Shed Drainage System Grading Main shop Gate and Fence Waste Water Treatment System Utility Centre Flag Pole Item Landscaping Gate House Laboratory Canteen Fire Fighting Water System Fire Alarm System Carpark, Walkway, Internal road Electrical, MVAC System Mechanical System Lightning Protection System

The scope of these Items are described in Chapter VI. Estimation shall be made in accordance with the Items. The way of making of the estimation shall be to fill the unit price and calculated the total price following the forms provided in Chapter IV. The unit price shall cover all works in each task including profits, cost of temporary works and incidental cost thereto. The unit price shall not be modified for any reason during the Contract Period, except imported materials and equipment. 16. Conditions for Imported Materials and Equipment Unless otherwise noticed, the imported materials and equipment used for execution of the Project, by help of Employer, will be duty-free. ABC Corporation shall be the official channel of import of materials and equipment in this contract as the L/C beneficiary. 17. Period of Tender Validity The Tender shall remain valid and be bound by the Employer for a period of Ninety (90) days from the specified deadline for submission of the Tender. In exceptional circumstances prior to expiry of the original Tender Validity Period, the Employer may request the Tenderer for a special extension in the Period of Tender Validity. A Tenderer may refuse the request without forfeiting his tender security. The request and the responses thereto shall be made in writing or by facsimile. 18. Tender Security When the Tender be submitted, The Tenderer shall submit the Tender Security of Eight hundred million Vietnamese Dong (800.000.000 VND) issued by a bank approved by the Employer, with the valuable period of One hundred and twenty (120) days, counting from the deadline for submission of tenders or Thirty (30) days from the deadline of Tender Validity, whichever later, referring to the form provided in Chapter III.

CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 11

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

19.

Assignment of Sub-contracting

19.1 Responsibilities and obligations of the Contractor The Contractor shall not sub-contract the whole of the Works, unless otherwise specified in the Contract. The Contractor shall not sub-contract any part of the Works without the prior consent of the Employer. The Contractor shall be responsible for the acts, defaults or neglects of any Subcontractor, his agents, servants or workmen as fully as they were the acts, defaults or neglects of the Contractor, his agents, servants or workmen. The Contractor shall only subcontract a part of the Works for which the Subcontractor is named in the Contract. 19.2 Responsibilities and obligations of the Sub-contractor The Subcontractor shall assume responsibilities to the extent of the work to be performed by the Sub-contractor as the responsibilities and obligations which the contractor, by the contract, assumes toward the Employer. 20. Joint Venture Where a Tender is submitted by two or more firms or companies forming a consortium or joint venture, a Tender must be supported by adequate documentary evidence that all members of the consortium agree that the Tender is binding upon each member of the consortium or joint venture, jointly and severally. The proposed arrangement between the firms or companies forming the consortium or joint venture for the management and execution of the Contract should be set out in a document which should accompany the Tender and should not be subsequently altered in any way without the approval of the Employer. 21. Submission of Tender Documents

21.1 Number of Submission Package of the Tender described in Clause 11 in this Chapter shall be made up in A4 size, and the drawings shall be made up in A3 size. Tender Security shall be submitted by just only one (1) original. The required number of the submission is one (1) Original (1 in Vietnamese and 1 in English) and two (2) Copies (2 in Vietnamese and 2 in English) respectively marked ORIGINAL and COPY. All of Tender Documents shall be put into one envelope, sealed and stamped strictly. 21.2 Place for Submission The Tenderer shall submit the Tender Documents which shall be sealed to the Employer office, outer envelope should be marked as follow : ABC PHARMA. CO., LTD. 1st Floor, 136 To Hien Thanh Street, District 10, Ho Chi Minh City, Vietnam. 22. Submission Date and Time The deadline for submission of the Tender shall be 9:00 AM (Ho Chi Minh City Time) on the 27of October, 1998. 23. Late Tender In the event of delay, the Tender shall be subject to rejection for any reason.
CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 12

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

24.

Modification and Withdrawal of Tender Document The Tenderer may modify and withdraw his Tender after Tender submission, provided that the modification or withdrawal is received by the Employer prior to the deadline for submission of Tenders. The Tenderers modification or withdrawal notice shall be prepared, sealed, marked in the same manner specified under Sub-Clause 21.2 in this Chapter and dispatched as for the Tender. No tender may be modified subsequent to the deadline for submission of tenders unless the modification in writing is received by the Employer prior to the deadline for Submission of Tender. No tender may be withdrawn in the interval between the deadline for Submission Tenders and the expiration of the Period of Tender Validity unless the withdrawal received by the Employer prior to the deadline for submission of Tenders. Withdrawal the Tender during this interval shall at the option of the Employer result in the forfeiture the Tenderers Tender Security. of is of of

Subsequent to the expiration of the Period of Tender Validity prescribed by the Employer, a Tenderer who has not been notified by the Employer of the award of the Contract may withdraw his Tender without penalty. 25. Tender Opening Tenders submitted in time shall be received and kept under a confidential administration by the Employer. The opening of the tenders shall be openly held on 27 of October, 1998 at the Employer office, Address : 1st Floor, 136 To Hien Thanh Street, District 10, HCMC. The Minute of the Tender Opening shall be signed by representatives of the Employer and Tenderers. The Minute of the Tender Opening shall specify the name of Tender package, the hour, the date and location of the Tender Opening, Tenderers name and addressed Tender Prices, Tender Security, supplementary or modified documents and other details. 26. Confidentiality of Documents and Information Documents and information concerning the process of selecting and evaluating the Tenders shall be confidentially kept by all authorities, entitles or individuals concerned in accordance with the following provisions : (1) (2) Contents of the Tender Invitation Documents shall not be disclosed to any one before the date of issuance of the tender invitation documents. No Tender Documents, notebooks, minutes of the meeting for tender evaluation, opinions on the analysis, evaluation by the experts or consultants to each of the Tenderers and other relevant documents which are sealed as confidential or top confidential shall be taken to home or revealed to any other people. The result of the comparison of the Tenderers shall not be disclosed before the Employer officially signs the contract with the successful Tenderer.

(3)

In case any confidential is released, the violation shall be promptly dealt with as provided in Article 45 of Regulation on Tender promulgated by the Government of Viet Nam, dated on 16, July., 1996. 27. Clarification of Tender Documents To assist in the examination, evaluation and comparison of Tenders, the Employer may ask Tenderers for clarification of their Tenders, including breakdowns of unit prices but no change in the substance of the Tender. The request for clarification and the response shall
CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 13

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

be in writing or by facsimile. The Tenderers responses result in the variation of the Tender Price shall not be sought or permitted. The Employer shall keep the request for clarification and relative responses. 28. Conditions for establishing eligibility of Tenders If the Tenderer does not properly submit any of the Documents stated in Clause 11 in this Chapter, his Tender shall be subject to rejection for any reason. And if there are some mistakes in the Documents and the Employer undertakes incorrectly, these are responsibilities to the Tenderer. If the envelope is not sealed and marked as instructed in Sub-Clause 21.2 in this Chapter, the Employer will assume no responsibility for the misplacement or premature opening of the Tender. A prematurely opened Tender may be rejected by the Employer. 29. Correction of Arithmetical Errors Tenders determined to be substantially responsive will be checked for any material error in computation. Arithmetical errors found will be corrected as follows : (a) (b) Where there is discrepancy between amounts in figures and in words, the amount in words will govern; and Where there is an error in the Tenders extensions and/or casts or in carrying forward to or in casts of a summary, such error shall, before the signing of the Contract, be so rectified and adjust that, when correctly calculated, the Total of the Summary of Tender shall represent the same amount as that tendered by the Tenderer in the Form of Tender, and A Tenderer not accepting the correction of errors as outline above will have his Tender rejected.

(c) 30.

Currency of Tender All unit prices shall be quoted in the currency of United States of America and Vietnam. The rate of exchange to be used for conversion shall be the exchange rate published by the State Bank of Vietnam on the day Fifteen (15) days prior to the deadline for Submission of Tenders.

31.

Conditions for International Tendering and Favour for Domestic Tenders Void

32.

Evaluation and Comparison of Tenders Evaluation and comparison of Tenders shall be proceeded in the following steps : 1. Examining Tender : - Checking the legitimacy of the Tender - Requiring each Tenderer to explain unclear contents in the tender and some main unit prices of large quantities which are considered as unreasonable. Such requirements and replies shall be made in writing. - Should any numerical error be discovered, it shall be corrected by the tender inviting party and informed to relevant Tenderer. In such case, if the Tenderer does not accept the correction, its tender shall be rejected. - Updated information regarding Tenderer not corresponding to tender shall be checked and examined. 2. Converting the Tender Prices and technical criteria into the constant prices for the purpose of evaluation and comparison.

CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 14

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

3. Evaluating and Comparing Tenders : Tenders shall be evaluated and compared according to each criteria, and then summarised for overall evaluation. Essential contents to be examined when they are evaluated according to each criteria: (a) Technical and Quality Criteria : - Ability to meet technical and quality requirements of materials and equipment stated in design documents. - Adequacy and feasibility of technical solutions and methods for the organisation of execution. - Ensuring sanitary and environment conditions and other safety conditions such as fire prevention and labour safety. - Suitability of construction equipment (quantity, type, quality and schedule of mobilisation). (b) Criteria of Contractors Experience : - Experience drawn from undertaking Projects having similar technical requirements, similar geographic area or location. - Number and qualification of technical experts and workers directly working for the project. (c) Financial and price Criteria : - Financial capacity shall meet the requirements of the project. - Tender prices shall be in accordance with general estimates or approved estimates. (d) Criteria for schedule of implementation : - Ability to ensure the general schedule of implementation stated in the Tender Inviting Documents. - Feasibility of the schedule for the completion of the related works. The above mentioned criteria shall be considered in accordance with rating Criteria approved by the Employer before the Tender is opened. 33. Employers Right to Accept or Reject any or all Tender The Employer reserves the right to accept or reject any tender, and to annul the tender process and reject all tenders, at any time prior to award the Contract, without thereby incurring any liability to the affect Tenderer or any obligation to inform the affected Tenderer. 34. Performance Security The successful Tenderer, whose proposal has been accepted, shall submit the Performance Security of 12% of the Contract price within thirty (30) days after the day from which the successful Tenderer receive the Letter of Acceptance from the Employer, as a security for proper performance of the works. Should the Tenderer fail to fulfil his Contractual obligation, the Employer may withhold the thereto and the Performance Security shall cover all Works. The Performance Security shall be valid until the date after receipt of Taking-over Certificate. 35. Contracting

35.1 Notification of Award No later than the expiration of the period of Tender Validity stated in Clause 17 in this Chapter, the Employer will notify the successful Tenderer in writing that his Tender has been accepted . The Notification of Award will constitute the formation of the Contract.
CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 15

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

Upon the successful Tenderers furnishing of a Performance Security, The Employer will promptly notify the unsuccessful Tenderers that their Tenders have been unsuccessful and will return their Tender Security. 35.2 Mode for contract implementation The Lump-sum Contract shall be used for the Project, the Contract must be comply with the conditions as follow : - The agreed price in the Contract shall not be changed during the course of the Contract Implementation. 35.3 Signing of Contract Within Thirty (30) days from the day of the Employer notifying the successful Tenderer that his Tender has been accepted, the Employer will send the successful Tenderer the Contract Documents for execution. Within Fourteen (14) days from the day of the successful Tenderers receipt of the Contract Documents he shall have them signed, witnessed and dated and return them to the Employer. Alternatively, at the opinion of the Employer, the Contract Documents may be executed and signed at the office of ABC PHARMA. CO., LTD. 36. Refundment of Tender Security Tender Security shall be refunded by the Employer to the Tenderers who fail in the Tender for a period of thirty (30) days from the day of Notification of Award. Except that: - The successful Tenderer refuses to perform the Contract. - The Tenderer withdraws his Tender Document after the Deadline of Submission for the Tender. - The Tenderer seriously violates the Tender Regulations (Decree No. 43/CP dated 16 July, 1996 by the Government of Vietnam) After submitting the Performance Security, the successful Tenderer will be refunded the Tender Security by the Employer. 37. Other Requirements of Tender Inviting Party (1) Conformity to Specifications Every aspects relating to the Works shall be in accordance with the stipulations of the Tender Documents. The Works shall be compliance with the Specifications stated in Chapter VI. Applications to Government Agencies and related Works Applications for confirmations and constructions, presentation of work start report and other procedures related to government agencies shall be carried out by the successful Tenderer with due anticipation in order to prevent any obstruction to the Works. Personal in charge of supervision Project Manager The successful Tenderer shall assign Manager responsible for the Works to be at the Site. The said Manager shall be a person with sufficient technical skill and perfectly qualified for the execution of the works and he shall be fluent in English and Vietnamese. Furthermore, he shall be able enough to set forth the whole job in perfect co-ordination with other construction works.

(2)

(3)

CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 16

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

Field Personnel The successful Tenderer shall provide the number of skilled technical personnel sufficient to cope with the matter of the works in question and they shall be fluent in English and Vietnamese, (the matters will be discussed with the Employer, but it is difficult for one person to hold two or more positions at the same time, because various items will be constructed simultaneously). Contractors Engineer The successful Tenderer shall assign at least more than one Contractors Engineer at the Site during the Works. He/They shall supervise the works as check the drawing and re-design the various modifications occurred by the attachment for equipment in compliance with the Employers instruction. They shall be fluent in English and Vietnamese. (4) Monthly Work Report The successful Tenderer shall present three (03) monthly reports indicating the progress of the works, manpower, material, operation of equipment, weather condition, etc., according to the form approved by the Employer. Insurance The Employer shall insure against the following things which exist inside the construction area during the Construction Period : - All works including mechanical and electrical works. - All materials. - All equipment. - All injuries to person except for workers. - All damages to property. The construction area means the area of Site and temporary use area. This means that the successful Tenderer shall insure against all thing which may occur outside the construction area in accordance with Sub-Clauses relating to insurances specified in Chapter II, Conditions of Contract. 38. Site Conditions

(5)

38.1 Geometrical Conditions This Project located in Bien Hoa Industrial Zone II, the Zone settles in a plain geometry. 38.2 Geographical Conditions Bien Hoa Industrial Zone II has a geographical structure with characteristic of sediment formed before the fourth formation cycle. The soil structure can be separated into four layers as describe as follows : - First layer: sandy soil, fine grain, colour from white to dark yellow, wet and friable. Thickness of 1 to 3m, low bearing capacity. - Second layer : Sandy clay, darkly white colour, blended with quartz and laterite gravels. Wet condition, plastic state. Thickness of 2 to 7m, reasonably low bearing capacity, C = 0,18 to 0,35 kg/cm2; friction angle 22o to 24o. - Third layer : silty sand and darkly white colour sandy quartz, combined red and yellow colour, wet condition, plastic state. Thickness of 6 to 12m, average bearing capacity, C = 0,45 to 0,50 kg/cm2; friction angle = 16o to 24o. - Fourth layer : clay grey, blue grey or green grey colour, wet condition, thickness over 12m. High bearing capacity C= 1,1 to 1,2 kg/cm2; friction angle = 11o.
CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 17

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

38.3 Climate Conditions The Project is located in the overall climate conditions of Bien Hoa City, Dong Nai Province, having two definite seasons; the rainy season, starting in May and lasting to the end of October, the sunny reason (dry season), starting in November and lasting to the end of April of the next year. 38.3.1. Temperature Atmosphere temperature average in Bien Hoa City is rather high, however, the monthly variation of temperature is fairly low. Temperature records observed at Bien Hoa Geological Bureau for the periods of 1978 - 1980 and 1986 - 1990 show that : Annual Temperature Average Maximum Annual Temperature Average Minimum Annual Temperature Average Highest Temperature (4/1980) Lowest Temperature (1/1982) 38.3.2. Humidity Approximate humidity in Bien Hoa City is rather high and varies by reason and place to place. Approximate humidity varies from 75 to 85%. Higher humidity found in the rainy season, varying from 83 to 87%, and lower humidity found in the dry season, varying from 67 to 69%. Highest humidity averages found in April and October; lowest humidity average found in February and March. The difference between the highest place and the lowest place is 5%. Humidity records show that: Annual Humidity Average Humidity in the rainy seasons Humidity in the dry seasons 38.3.3. Rainfall Distribution Rainfall in the rainy season contributes 85% of annual rainfall quantity. Monthly rainfall quantities are equally distributed for every month of the rainy season (approximately 300mm per month), except in the September, where the rainfall quantity is about 400mm. Rainfall quantities of the months of the dry season are as low as about 50mm per month, some months may have 5mm or no rainfall. average rainfall quantities vary from 1600 to 1800mm per year. In Bien Hoa area, the number of rainy day per year is 130 days. 38.3.4. Wind Distribution South and south-east winds flow during the period from March to May. Average of wind speed found in Bien Hoa is about 1,4 to 1,7 mps. Almost no storm or typhoon found in Bien Hoa City. Hard wind or cyclone often occurs in the beginning and the end of the rainy season. 38.4 Electrical Supply Condition Electricity used for the City is supplied from the National Electrical Network, subject to deduction in the dry season. In addition, the City also prepares two Diesel Generator Stations with capacities of 20MW and 6,3MW supporting the Network (the Bien Hoa and Hoa An Stations). 38.5 Water Supply Condition Total water demand of Bien Hoa Industrial Zone II is about 55.000 cubic meter per day. : : : 78,8 %. 80 - 90 %. 70 - 80 %. : : : : : 26,7oC. 32,5oC. 23oC. 38,5oC. 13,6oC.

CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 18

ASEAN GMP. ABC PHARMA. FACTORY

CHAPTER I - INSTRUCTIONS TO TENDERER

APPENDIX TO TENDER
Law of the Contract Ruling Language Language for communication Electronic transmission System Time for issue of notice to commence Time for completion Performance Security Minimum amount of third party insurance Amount of liquidated damages Limit of liquidated damages Defects liability Period Adjustments to the Contract Price on account of Specified Materials Percentage of retention Defects Liability Security 15% application for monthly payment. 10% of the Contract Price. Law of United Kingdom English English Facsimile 30 days. 12 months. 12% of Contract Price. 120.000.000 VND. 0,1% price of liquidated damages per day. 5% price of liquidated damages for delay. 18 months. 5% of the Contract Price

CIDECO -51 Nguyen Thi Minh Khai St., Dist. 1, Ho Chi Minh City I- Page 19