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Wastewater Disposal in Provincial Towns Programme South: Tra Vinh, Vietnam

Tender Documents WWTP

Volume I

GENERAL TABLE OF CONTENTS

Volume I

Invitation to Tender

I.1

Invitation to Tender Instructions to Tenderers / Conditions of Tender Tender Forms

I.2

I.3

Volume II

Contractual Documents

II.1

General Conditions Particular Conditions

II.2

Volume III

Employer’s Requirements

III.1

General Information Particular Requirements General Technical Specifications: Civil and Building Works General Technical Specifications: Mechanical and Electrical Works

III.2

III.3

III.4

Volume IV

Bill of Quantities

Volume V

Drawings

Wastewater Disposal in Provincial Towns Programme South: Tra Vinh, Vietnam

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Volume I

INVITATION TO TENDER

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I.1 Invitation to Tender

INVITATION TO TENDER

This Invitation for Tenders follows an agreement between Tra Vinh People’s Committee and KfW Entwicklungsbank to perform a limited tendering in this special case.

The Tra Vinh Wastewater Disposal Project PMU has been granted a loan from the German Development Bank (KfW Entwicklungsbank) towards the costs of a project to finance investments in Tra Vinh Town. The loan covers 70% of the investment costs, 30% of the investment are local financial contribution.

The Tra Vinh Wastewater Disposal Project PMU now invites Contractors with sufficient experience, capabilities, qualification and financial background (see post-qualification) to submit Tenders for the Works / Contract described hereafter:

Tra Vinh Wastewater Disposal System Extension and Rehabilitation / WWTP

1. SCOPE OF TENDER

The contracted works form part of the overall wastewater disposal system in Tra Vinh Town in order to improve the environment situation, to improve living conditions of the population and to allow sound socio-economical development in Tra Vinh Town.

The present tender is split into two parts:

Contract 1, Package 4:

Contract 2, Package 3:

Extension and Rehabilitation of Sewer System

Construction of a Wastewater Treatment Plant

The works for the extension and rehabilitation of the sewerage system shall be executed as “Works designed by the Employer”. The works for the wastewater treatment plant are included in this tender document but are formulated in one position (item) which shall be executed as a “plant and design build work” according to FIDIC Yellow Book regulations.

It is intended to contract both parts to the same tenderer / consortium. Therefore only proposals covering both parts (contract 1.4 and contract 2.3) will be accepted. Tenderers are free to form consortia, joint ventures etc. (see post-qualification documents).

Soil investigations are available for selected locations as pumping stations, river crossing, wastewater treatment plant, etc. The soil investigation report is attached as CD-ROM to this Tender Document.

Concerning the existing structural design the Contractor must re-check the design considering the obtained soil investigation results. Unit prices in the tender Bill of Quantity must apply to necessary changes of the net length of the driven concrete piles according to the real identified local soil conditions. All structures must be dimensioned to cope with uplift pressure in the case of high ground water level or flooding.

If for the execution of the works additional works as additional survey, additional design drawings (shop drawings) or other relevant documents are required beside those which are already supplied within these Tender Documents it is the Contractors obligation to carry out these works without additional remuneration.

The works in Tra Vinh comprise of, but are not limited to:

Sewers of reinforced concrete pipes DN 600 to DN 2000 with approximately 106 manholes,

4,775 m

Sewers of reinforced concrete culverts with approximately 119 manholes,

9,440 m

Pressure

2,695 m

mains of ductile

iron

pipe DN 200

to

DN

600, incl.

all fittings and

appurtenances

Inspection chambers along pressure mains,

45 pcs

 

Combined sewer overflow in reinforced concrete plus washout chamber,

1 pcs

Pumping stations incl. pumps, switch board, SCADA system as described and all other mechanical, electro-mechanical equipment,

3 pcs

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I.1 Invitation to Tender

Lifting stations incl. pumps, switch board, SCADA system as described and all other mechanical, electro-mechanical equipment,

Outlet structures into the river,

3 pcs

4 pcs

River crossings as pipe bridge,

Connection sewers between connection manhole and sewer or manhole (DN 300)

Connection manholes as connection to the existing system,

Wastewater Treatment Plant consisting of Coarse screen, sieving unit, sieving drying beds, operation building and site development.

For the Wastewater Treatment Plant no design is existing and the Tenderer has to prepare his own design with treatment equipment of his choice but considering the Employers’ requirements which are described in these Tender Documents as well as the existing survey and the existing geological survey (soil investigation + related report).

1 pcs

2 pcs

3,240 m

149 pcs

All offered items shall include the necessary preliminary works, purchase and supply of material and equipment, construction works, all installation works for the supplied materials and equipment, test runs and commissioning.

2. INVITATION TO TENDER

Only one common tender for the sewerage system and the wastewater treatment plant facilities in Tra Vinh Town is prepared and subject of the tender. The participation in the tender action shall be open to all tenderers. Only tenders bidding for both tender packages of qualified tenderers, passed the post- qualification procedure, will be evaluated.

The Tender Documents for the “Extension and Rehabilitation of Sewer System” Package is based on FIDIC Red Book shall consist of five volumes:

Volume I

Invitation to Tender

I.1

Invitation to Tender

I.2

Instructions to Tenderers / Condition of Tender

I.3

Tender Forms

Volume II

Contractual Conditions

II.1

General Conditions

II.2

Particular Conditions

Volume III

Employers Requirements

III.1

General Information

III.2

Particular Requirements

III.3

General Technical Specifications for Civil and Building Works

III.4

General Technical Specifications for Mechanical and Electrical Works

Volume IV

Bill of Quantities and Tender Prices

Volume V

Drawings

Volume VI

Existing Reports and Investigations

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I.1 Invitation to Tender

The Tender Documents for the “Construction of a Wastewater Treatment Plant” Package is based on FIDIC Yellow Book shall consist of five volumes:

Volume I

Instruction to Tender

I.1

Invitation to Tender

I.2

Instructions to Tenderers / Condition of Tender

I.3

Tender Forms

I.4

Questionnaire

Volume II

Contractual Conditions

II.1

General Conditions

II.2

Particular Conditions

Volume III

Employers Requirements

III.1

General Information and Particular Requirements

III.2

General Technical Specifications

 

Part A

Civil Works and Building

Part B

Mechanical Works

Part C

Electrical Works and Instrumentation

Volume IV

Price Schedule

Volume V

Drawings

Volume VI

Existing Reports and Investigations

Volume VI contains the design report incl. river water levels and climatic data, the soil investigation report and the results of the topographical survey. Volume VI is identical for both tender packages and

is therefore attached only once.

The financial offer shall be a fixed unit price offer. The wastewater treatment plant will be incorporated into this system covering all necessary civil, mechanical and electrical works in one lump-sum price for the related items. This means that the overall contract value is adjustable according to real executed quantities of works, due to the adjustable quantities for the sewer system part.

2.1. Proposed Structure of the Bill of Quantities

For Tender 1.4, Extension and Rehabilitation of Sewer System:

Item 1:

Preliminaries (mobilisation / demobilisation, insurance, maintenance of site office, provision of documents and drawings etc.)

Item 2:

Construction of sewers including manholes, connection chambers, inspection chambers and inlets

Item 3:

Construction

of

pumping

stations,

incl.

all

other

related

structures

and

E&M

equipment

Item 4:

Construction of lifting stations, incl. all other related structures and E&M equipment

Item 5:

Construction of CSO, washout chambers and outlet structures

 

Item 6:

Construction of river crossings

 

Item 7:

Dayworks (provisional items)

 

(based on FIDIC Red Book)

A detailed BoQ is prepared showing work items to be executed, quantity and unit of works, unit price

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and total price of item as proposed in FIDIC Red Book.

For Tender 2.3, Wastewater Treatment Plant:

I.1 Invitation to Tender

Item 1:

Preliminaries (mobilisation / demobilisation, insurance, maintenance of site office, provision of documents and drawings etc.)

Item 2 to 10

Structures (civil works, equipment and E&M works)

Item 11:

Dayworks (provisional items)

(based on FIDIC yellow book)

The price schedule is given for comparison reason and future interim payment calculations. The tenderer is requested to offer a Wastewater Treatment Plant for a lump-sum price (fixed price for the entire WWTP). The tenderers offer shall contain:

- Selection of sieving system

- System’s dimensioning

- Design of the plant

- Technical description of the chosen mechanical and electrical equipment including all technical data

- Design and specification of all required civil works including effluent pipe and outlet structure.

The financial offer shall contain:

- Unit price civil works

- Unit price mechanical and electrical works

- Unit price complete wastewater treatment plant

Since this unit price is a fixed unit price, the price of this section is not object of price adjustment due to change of quantities.

The price for Tender 1, Package 4 will be adjusted due to the real quantities of the executed works of the work items. As a consequence the total contract price is adjustable.

The local contribution will be paid only in VND onto a bank account in Vietnam. The KfW contribution will be paid in EUR or any other currency (to be clearly indicated in the tender).

2.2. Tender Procedures

The Tender Documents are distributed to the tenderers as soft-files containing Volume I to Volume VI.

The Tenderers are obliged to submit all requested documents (Original and Copies) as specified in the Tender Documents, while additionally the completed Bills of Quantities (BoQ) must be submitted virus- and maleware free as softcopy [excel-file (*.xls) on a CD] – without any passwords.

The Bill of Quantities will be issued already comprising two languages, English and Vietnamese. Nevertheless in order to guarantee the compliance with Vietnamese Regulations, the Tenderers must additionally submit their company’s participation letter as well as the Letter of Submission and the Tender Forms (see Section I.3) in Vietnamese Language.

In the event of discrepancies the “Original” and the “Hard Copy” of the English version shall prevail and shall be considered as legal and binding version.

During the tender period, addenda or circular letters may be issued to each Tenderer. A copy of all these documents, countersigned by the Tenderer shall be returned with the Tender.

It is intended that the contract will be awarded on

with a commencement of

construction on + 1 month and a planned execution period of 18 month (maximum) in total. The Contract of Works will be executed under FIDIC red book “Conditions of Contract for Construction and Engineering Works Designed by the Employer”, first edition 1999 for the “Contract 1.4” Part of the

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I.1 Invitation to Tender

Contract, Extension and Rehabilitation of Sewer Systems. The second part of the Contract describes the works which are required for the construction of the Wastewater Treatment Plant, “Contract 2.3”. These works shall be executed according to FIDIC Yellow Book “Conditions of contract for Plant and Design Build for Mechanical and Electrical Works Designed by the Contractor”, first edition 1999.

The proceeds of the financing Bank's loan will not be used for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations.

Tenderers shall fill in, sign and return the Acknowledgement of Receipt Form immediately after receiving the tender documents and latest 3 weeks after receiving the tender documents.

Tenderers shall price their Tender and the unit rates and prices in Euro (net prices). The rate of exchange for the purpose of the Contract to be used converting Vietnamese Dong into Euro currency shall be fixed for the duration of the Contract. The fixed exchange rate shall be that of the day of contract signature and shall be certified in the contract document. Payment shall be made by direct disbursement method. The Contract shall be a fixed-priced contract. Tenderers shall familiarise themselves with the kfW-guidelines of procurement (www.kfw.de).

If FIDIC-Regulations can not be applied to this Contract, Vietnamese Law shall be construed.

All Tenders must be valid for 180 days and be accompanied by a Tender security in Euro in a minimum amount of 50,000 Euro (fifty thousand Euro). This deposit must be valid for a period of 28 days after the due date.

A pre-tender site visit and meeting shall take place on 31 July 2009 commencing at 08:00 am. The

venue will be at the Wastewater Disposal PMU Office Tra Vinh.

The Tender document duly completed and signed shall be returned together with all other documents requested in a sealed package or envelope endorsed on the outside with the words:

WASTEWATER DISPOSAL PROGRAMME IN PROVINCIAL TOWNS

PROGRAMME SOUTH: TRA VINH, VIETNAM

Wastewater Disposal System Extension and Rehabilitation / WWTP

and addressed to:

Project Management Unit

Wastewater Disposal Project of Tra Vinh Town

Director

226 Tran Phu Street, Ward 7

Tra Vinh Town, Tra Vinh Province

Socialist Republic of Vietnam

Tenders must be received at the Project Management Unit for the Watewater Disposal Project of Tra Vinh Town not later than 13.00 pm. (Vietnamese Time) on the day of 25 August 2009.

Tenders delivered by hand must be presented to the chairman of the Tender Committee before the opening of the Tenders.

All drawings issued, as a part of the Tender Documents must be printed out, signed and returned separately but at the same time as the Tender is submitted.

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Acknowledgement of Receipt Form

(shall be promptly returned by Fax)

To:

CES Consulting Engineers Salzgitter GmbH

2A Nguyen Trai Street

Can Tho City

Socialist Republic of Vietnam

Tel/Fax

+84 / 710 / 381 3944

I.1 Invitation to Tender

Date

2009

Madam / Sir

Project:

WASTEWATER DISPOSAL PROGRAMME IN PROVINCIAL TOWNS PROGRAMME SOUTH: TRA VINH, VIETNAM Tra Vinh Wastewater Disposal System Extension and Rehabilitation / WWTP

We ……………………………………………………………………… [Name of Company] acknowledge receipt of the Tender Documents for the above Project.

We confirm that we will submit a Tender for the above Project in accordance with the Tender Documents, and all communications regarding the Tender shall be submitted to:

Company:

Attention:

Address:

Fax no:

Telephone no:

Tenderer’s authorised signature and stamp:

………………………………………………………………………………….

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I.2 Instruction to Tenderers / Conditions of Tender

INSTRUCTION TO TENDERERS / CONDITIONS OF TENDER FOR THE PART:

“WWTP” (Contract 2, Package 3)

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TABLE OF CONTENTS

I.2 Instruction to Tenderers / Conditions of Tender

 

page

GENERAL

3

1. Scope of Tender

3

2. Source of Funds

3

3. Eligible Tenderers

3

4. Eligible Materials

3

5. Qualification of the Tenderer

4

6. One Tender per Tenderer

4

7. Cost of Tendering

4

8. Site Visit

5

TENDER DOCUMENTS

6

9.

Content of Tender Documents

6

10. Clarification of Tender Documents

6

11. Amendment of Tender Documents

7

PREPARATION OF TENDERS

8

12.

Language of Tender

8

13.Documents Comprising the Tender

8

14. Tender Prices

9

15. Currency of Tender and Payment

9

16. Tender Validity

10

17. Tender

Guarantee

10

18. Alternative Proposals by Tenderers

11

19. Pre-Tender Meeting

11

20. Format and Signing of Tender

11

SUBMISSION OF TENDERS

13

21. Sealing and Marking of Tenders

13

22. Deadline for Submission of Tenders

13

23. Late Tenders

14

24. Modification, Substitution, and Withdrawal of Tenders 14

TENDER OPENING AND EVALUATION

15

25. Tender Opening

15

26. Process to be Confidential

15

27 Clarification for Tenders

15

28. Examination of Tenders and Determination of Responsiveness 15

29. Correction of Errors

16

30. Conversion to Single Currency

16

31. Evaluation and Comparison of Tenders 16

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page

32. Tender Evaluation Criteria and Scoring System 17

AWARD OF CONTRACT

21

33. Award

21

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

21

35. Notification of Award

21

36. Signing of Agreement

21

37. Performance Guarantee

21

38. Disputes Review Board

22

39. Bribes or Inducement

22

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General

I.2 Instruction to Tenderers / Conditions of Tender

1. Scope of Tender for WWTP

1.1

The Tra Vinh Project Management Unit for the Wastewater Disposal Project of Tra Vinh Town hereinafter "the Employer," wishes to receive Tenders for the construction and completion of the Works “Tra Vinh Wastewater Disposal System Extension and Rehabilitation”, as described in these Tender Documents, hereinafter referred to as "the Works" or the “Contract”.

1.2

The successful Tenderer will be expected to complete the Works within the period of totally eighteen (18) months from the date of commencement of the Works (expected date of commencement ……………………………….… 2008).

1.3

The Contractor shall be responsible for the construction of wastewater treatment facilities, including all supplies, deliveries, installations, testing and all related services which are described in the Tender Documents. The contractor shall review the structural design of the Project components with regard to the latest submitted soil investigation results and to high ground water level of flooding of the sites.

1.4

The Tender Documents are for tendering purposes only. The Employer may modify any part of the Tender Documents during the tender period or after the tender period but before the conclusion of the contract agreement.

1.5

Throughout these Tender Documents, the terms bid and tender and their derivatives are synonymous

2. Source of Funds

2.1

The Government of Vietnam, through the Ministry of Finance, and the Government of the Federal Republic of Germany, through the KfW Entwicklungsbank (KfW), have agreed jointly to fund a project towards the cost of the Wastewater Disposal Programme in Provincial Towns, Programme Tra Vinh. It is intended that part of these funds be applied to eligible payments under this Contract. The total funding for the programme is subdivided; approximately 70% will come from the German side and 30% from the Vietnamese side.

2.2

A subsidiary financing agreement has been concluded with the Payments by KfW will be made only in accordance with this financing agreement and will be subject in all respects to the terms and conditions of that agreement. Except as KfW may agree in specific cases, no party other than the Employer shall derive any rights from the financing agreement.

2.3

Although various departments of the Socialist Republic of Vietnam and the KfW retain certain approval rights, they shall in no way be deemed as part of the Contract or be under any obligation to the Contractor.

3. Eligible Tenderers

3.1

This invitation to submit a tender is open to all qualified, experienced companies, which successfully passing the post- qualification prior the evaluation of tender (post-qualification documents are attached to the tender documents).

4. Eligible Materials

4.1

At the Employers request, the tenderer having offered the lowest evaluated tender will be required to provide evidence of the origin of materials, equipment and services satisfactory to the Employer.

“Origin” means here the place where the materials are mined,

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I.2 Instruction to Tenderers / Conditions of Tender

grown, produced or manufactured and from which the services are provided

5. Qualification of the Tenderer

6. One Tender per Tenderer

7. Cost of Tendering

5.1

Tenderers shall, as part of their proposals:

 

- Submit

a

written

Power

of

Attorney

authorising

the

 

signatory

of

the

Tender

Documents

to

commit

the

Tenderer.

 

- Evidence to ability to acquire Performance Guarantee and to financial resources

- Tender Guarantee

 

5.2

Tenders submitted by a joint venture of two or more firms as partners shall comply with the following requirements:

(a)

the Tender shall include all the information listed in Sub- Clause 5.1 above;

(b)

the Tender and, in case of a successful Tender, the Agreement, shall be signed so as to be legally binding on all partners;

(c)

one of the partners shall be nominated as being in charge, and this authorisation shall be evidenced by submitting a power of attorney signed by legally authorised signatories of all the partners;

(d)

the partner in charge shall be authorised to incur liabilities and receive instructions for and on behalf of any and all partners of the joint venture and the entire execution of the contract, including payment, shall be done exclusively with the partner in charge;

(e)

all partners of the joint venture shall be liable jointly and severally for the execution of the contract in accordance with the contract terms, and a statement to this effect shall be included in the authorisation mentioned under (c) above, as well as in the Tender and in the Agreement (in case of a successful Tender); and

(f)

a copy of the agreement entered into by the joint venture partners shall be submitted with the Tender.

6.1

Each Tenderer shall submit only one Tender either by himself, or as a partner in a joint venture. A Tenderer who submits or participates in more than one Tender (other than alternatives pursuant to Clause 18) will be disqualified. Sub-contractors of the Tenderers are not affected by this regulation.

7.1

The Tenderer shall bear all costs associated with the preparation and submission of its Tender, and the Employer will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process.

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I.2 Instruction to Tenderers / Conditions of Tender

8. Site Visit

8.1

A pre-tender site visit shall be arranged and take place on the date mentioned in the Invitation to Tender. The Tenderer shall, at this time or at any other time, and at his own expense and on his own responsibility, visit and examine the Site and its surroundings, or cause this to be done on his behalf by a competent and responsible person and he must obtain for himself all the information that may be necessary for compiling his Tender. He shall examine the Tender Documents attached hereto, including the Drawings, and ascertain the matters as to which he will be deemed to have satisfied himself and the risks and obligations which the Contract will impose on the Contractor.

8.2

The Tenderer and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the Tenderer, its personnel, and agents, will release and identify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection.

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I.2 Instruction to Tenderers / Conditions of Tender

9. Content of Tender Documents for Part B

9.1

The Tender documents for Part B “Extension and Rehabilitation of Sewer System” are those stated below, and should be read in conjunction with any Addenda issued in accordance with Clause

 

11:

VOLUME I: Invitation to Tender

 
 

I.1-

Invitation to Tender

I.2-

Instructions to Tenderers

 

I.3- Form of Tender, Forms and Schedules including the Letter of Submission, Appendix thereto, Tender Guarantee, Performance and Advance Payment Guarantees, Forms of Agreement, Schedules of Insurance, Subcontractors, Supervisory Staff, Construction and Equipment and Method of Statement.

 

VOLUME II: Contractual Documents

 
 

II.1- General Conditions

 

II.2- Particular Conditions

 

VOLUME III: Employer’s Requirements

 
 

III.1- General Information

 

III.2- Particular Requirements

 

III.3- General Technical Specifications: Civil and Building Works

III.4- General

Technical

Specifications:

Mechanical

and

 

Electrical Works

 

VOLUME IV: Bill of Quantities and contract price

 

VOLUME V: Tender Drawings

 
 

9.2

The Tenderer is expected to examine carefully the contents of all the above documents. Failure to comply with the requirements of tender submission will be at the tenderers own risk.

10. Clarification of Tender Documents

10.1

A prospective Tenderer requiring any clarification of the Tender documents may notify the Employer or the Engineer in writing or by cable (hereinafter, the term cable is deemed to include email and facsimile) at the address indicated in the Tender Documents. The Employer / Engineer will respond to any request for clarification which he receives earlier than fourteen (14) days prior to the deadline for submission of Tenders. Copies of the Employer's / Engineer’s response (Circular Letter) will be forwarded to all purchasers of the Tender documents, including a description of the inquiry but without identifying its source. The Tenderers are requested to acknowledge receipt of the Circular Letters.

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11. Amendment of Tender Documents

I.2 Instruction to Tenderers / Conditions of Tender

11.1 At any time prior to the deadline for submission of Tenders, the Employer may amend the Tender documents by issuing Addenda.

11.2 Any Addendum thus issued shall be part of the Tender documents pursuant to Sub-Clause 9.1, and shall be communicated in writing or by cable to all purchasers of the Tender documents. Prospective Tenderers shall promptly acknowledge receipt of each Addendum by cable to the Employer.

11.3 The Employer will not be responsible for nor bound by any explanations; revisions, additions or deletions to the Tender Documents except those contained in the form of Addenda. No Addendum will be issued within 14 days of the date for submission of Tenders unless it contains a postponement of that date. Neither the Director of the Employer nor the Consulting Engineer nor any agent or servant of either of them shall be bound by any statement made or delivered to any Tenderer unless such statement shall have been confirmed by an Addendum to Tenderers issued by the Consulting Engineer.

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I.2 Instruction to Tenderers / Conditions of Tender

Preparation of Tenders

12. Language of Tender 12.1 The Tender, and all correspondence and documents related to the Tender exchanged by the Tenderer and the Employer shall be written in the English language. Supporting documents and printed literature furnished by the Tenderer may be in another language provided they are accompanied by an accurate translation of the relevant passages in the above stated language, in which case, for purposes of interpretation of the Tender, the English translation shall prevail.

13. Documents Comprising the Tender

13.1

The Tender submitted by the Tenderer shall comprise the following: duly filled-in Form of Tender and Appendix to Tender, Tender Guarantee, priced Bill of Quantities (BoQ), and any information or other materials required to be completed and submitted by Tenderers in accordance with these Instructions to Tenderers for both parts of the tender “Extension and Rehabilitation of Sewer System” and “Design and Construction of WWTP”.

13.3

The Tenderer shall submit the following schedules and particulars with his Tender. Failure to provide all of the information asked for shall preclude consideration of the Tender. The information provided should be given complete for each and any offer; main and / or alternative put forward by the Tenderer.

13.2

In addition to the priced Bill of Quantities document mentioned in Sub-Clause 13.1, the priced BoQ shall be submitted on CD. Tenderers will be given a CD containing blank BoQ tables prepared in Microsoft Excel. Tenderers shall fill in the unit price column, the total price column and the summary of prices. Softcopies that are illegible for any reason must be resubmitted at the tenderers expense. In case of discrepancies between the printed copy and the softcopy, the printed copy shall take precedence.

13.3

The Tenderer shall submit the following schedules and particulars with his Tender. Failure to provide all of the information asked for shall preclude consideration of the Tender. The information provided should be given complete for each and any offer; main and / or alternative put forward by the Tenderer.

a) The Tenderer shall insert in the Schedule of Insurance the name and registered address of the Insurance company (or companies) which will effect the insurance required by the Contract, and shall, if requested, produce for inspection the details and quotations he has received from the insurance company (or companies). Failure to provide this information may preclude the consideration of the Tender.

b) The Tenderer shall submit with his Tender a list of Sub- Contractors, if any, which he proposes to employ, for the execution of the works. The Tenderer shall specify the portion of the works in which the Subcontractors are intended.

c) The Tenderer shall submit a Schedule of Supervisory Staff he intends to employ on the Contract, giving a brief summary of their qualifications and experience.

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I.2 Instruction to Tenderers / Conditions of Tender

d) The Tenderer shall submit a Schedule of Construction indicating how he proposes to carry out the work so that it will be completed within his stipulated time limit.

e) The Tenderer shall submit a schedule of major items of equipment to be used on the Contract for the execution of the works together with particulars thereof.

f) The Tenderer shall provide a method of statement concerning the construction methods for each required structure within the project (construction of combined sewers, manholes, combined sewer overflows, pumping stations, river crossings, wastewater treatment plant). Excavation, dewatering, timber / sheet or concrete piling which forms a major of this project as well as all other required or proposed construction methods should be described.

14. Tender Prices 14.1 Unless stated otherwise in the Tender documents, the contract shall be for the whole Works of Part B “Extension and Rehabilitation of Sewer System” as described in Sub-Clause 1.1, based on the unit rates and prices in the Bill of Quantities submitted by the Tenderer.

 

14.2

The Tenderer shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items against which no rate or price is entered by the Tenderer will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the Bill of Quantities.

14.3

All Socialist Republic of Vietnam duties, taxes and other levies payable by the Contractor under the Contract shall not be included in the rates and prices and in the tender price submitted by the tenderer.

14.4

Taxes, duties, levis which shall be paid by the Employer e.g. VAT etc. shall be indicated on a separate sheet of the Tender Document separate from the contract price without taxes etc.

14.5

The importation of construction plant, equipment etc. for the Works is exempted from customs or other import duties. All materials, equipment etc. to be incorporated in the Works are also exempted from custom duties and fees.

14.6

The Net Tender Sum shall include all costs, expenditure, overheads, profit etc. to execute the works complete but be exclusive of all taxes and duties.

14.7

The Tenderers attention is called to the Conditions of Particular Application, concerning the unit prices in the Bill of Quantities. The prices are fixed prices and are not subject to adjustment during the performance of the Contract. No variations are foreseen or allowed.

15. Currency of Tender and Payment

15.1

The currency of the Tender shall be the Euro. The unit rates and the prices shall be quoted by the Tenderer entirely in this currency.

15.2

The rates of exchange to be used by the Tenderer in arriving at the tender currency equivalent and the percentage(s) mentioned in paragraph 15.1 above shall be the official average exchange rate established by the Vietcom Bank on the day of the signature of the contract.

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15.3

Payment under the contract which are paid by the financing bank shall be paid in Euro. Payments paid by the Employer as local contributon will be paid in Vietnamese Dong even if the invoice must prepared in Euro currency. The exchange rate for such payments shall be the official average exchange rate established by the Vietcom Bank on the day of contract signature. The rate of exchange for the purpose of the Contract to be used converting Vietnam Dong into Euro or vice versa shall be fixed for the duration of the Contract.

15.4

The payments shall be made by direct disbursement method.

16. Tender Validity

16.1

Tenders shall remain valid for the period of 180 days after the date of Tender opening specified in Clause 25.

16.2

In exceptional circumstances, prior to expiry of the original Tender validity period, the Employer may request that the Tenderers extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing or by cable. A Tenderer may refuse the request without forfeiting its Tender security. A Tenderer agreeing to the request will not be required or permitted to modify its Tender, but will be required to extend the validity of its Tender security for the period of the extension, and in compliance with Clause 17 in all respects.

17. Tender Guarantee

17.1 The Tenderer shall furnish, as part of its Tender, a Tender Guarantee in the amount specified in the Invitation Letter.

17.2 The Tender Guarantee shall, at the Tenderer's option, be in the form of a bank guarantee from a reputable bank acceptable to the Employer. The format of the bank guarantee shall be in accordance with the form of Tender Guarantee included in the Tender Documents. Tender Guarantee shall remain valid for a period of 28 days beyond the original validity period for the Tender, and beyond any period of extension subsequently requested under Sub-Clause 16.2.

17.3 Any Tender not accompanied by an acceptable Tender Guarantee shall be rejected by the Employer as non-responsive. The Tender Guarantee of a joint venture must be in the name of the joint venture submitting the Tender.

17.4 The Tender Guaranties of unsuccessful Tenderers will be returned as promptly as possible, but not later than 28 days after the expiration of the period of Tender validity.

17.5 The Tender Guarantee of the successful Tenderer will be returned when the Tenderer has signed the Agreement and furnished the required performance guarantee.

17.6 The Tender Guarantee may be forfeited

(a)

if the Tenderer withdraws its Tender, except as provided in Sub-Clause 24.2;

(b)

if the Tenderer does not accept the correction of its Tender Price, pursuant to Sub-Clause 29.2; or

(c)

in the case of a successful Tenderer, if he fails within the specified time limit to:

(i) sign the Agreement, or

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18. Alternative Proposals by Tenderers

19. Pre-Tender Meeting

I.2 Instruction to Tenderers / Conditions of Tender

(ii) furnish the required performance security.

18.1 Tenderers wishing to offer technical alternatives to the requirements of the Tender documents must first price the Employer's design as described in the Tender documents and shall further provide all information necessary for a complete evaluation of the alternative by the Employer, including drawings, design calculations, technical specifications, breakdown of prices, and proposed construction methodology and other relevant details. Only technical alternatives which are in terms of material, of function, operability and maintenance aspects of even or better quality than proposed in the Employer’s requirements and specifications will be considered eligible and responsive. Conformity with the basic technical requirements defined in the tender documents will be the only criterium for the evaluation of those alternatives.

19.1 The Tenderer's designated representative is invited to attend a pre-Tender meeting, which, will take place directly after the site visit mentioned in Clause 8.

 

19.2

The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.

19.3

The Tenderer is requested, as far as possible, to submit any questions in writing or by cable, to reach the Employer not later than one week before the meeting. It may not be practicable at the meeting to answer questions received late, but questions and responses will be transmitted in accordance with the following Sub-Clause.

19.4

Minutes of the meeting, including the text of the questions raised and the responses given, together with any responses prepared after the meeting, will be transmitted without delay to all purchasers of the Tender documents. Any modification of the Tender documents listed in Sub-Clause 9.1 which may become necessary as a result of the pre-Tender meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to Clause 11 and not through the minutes of the pre- Tender meeting.

19.5

Non-attendance at a pre-tender meeting will not be a cause for disqualification of a tenderer.

20. Format and Signing of Tender

20.1

The Tenderer shall prepare one original of the complete documents comprising the Tender as described in Clause 13 of these Instructions to Tenderers, bound with the section containing the Form of Tender and Appendix to Tender, and clearly marked "original." In addition, the Tenderer shall submit three copies of the Tender, clearly marked "copies." In the event of discrepancy between them, the original shall prevail.

 

One additional copy shall be submitted by the applicants at the same date to:

KfW Entwicklungsbank, LI/C3 Palmengartenstrasse 5 – 9 60325 Frankfurt am Main Germany

 

20.2

The original and all copies of the Tender shall be typed or written

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in indelible ink (in the case of copies, photocopies are also acceptable) and shall be signed by a person or persons duly authorised to sign on behalf of the Tenderer, pursuant to Sub- Clauses 5.1 (a) or 5.2 (c), as the case may be. All pages of the Tender where entries or amendments have been made shall be initialled by the person or persons signing the Tender.

20.3 The Tender shall contain no alterations, omissions, or additions, unless such corrections are initialled by the person or persons signing the Tender.

20.4 Each of the Tender “ORIGINAL” and three “COPIES” shall comprise ONE sealed envelope, named “Basic Documents and Financial Tender: Extension and Rehabilitation of Sewer System Tra Vinh” and shall contain all requested documents as stated in the instruction to tenderers:

The letter of Submission completed and signed

Power of Attorney

The Tender Guarantee (Bid Bond)

Method of statement concerning construction of all sewers and all required structures as manholes, lifting stations, pumping stations, combined sewer overflow, outlet structures, pipe bridges, river crossing, etc.

The Bills of Quantities as priced and signed by the Tenderer

Schedule of Construction

All requested Tender Forms and the Appendix to Tender completed and signed by the Tenderer

The “ORIGINAL” shall further include the remainder of the Tender Documents initialled by the person or persons signing the tender in confirmation of the Tenderers acceptance of the specifications, drawings and the terms and conditions prescribed therein.

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Submission of Tenders

I.2 Instruction to Tenderers / Conditions of Tender

21.

Sealing and Marking of

21.1

The Tenderer shall seal the original and each copy of the Tender

Tenders

in separate envelopes, duly marking the envelopes as "original" and "copies". All envelopes shall then be placed in an outer package and sealed.

21.2

The inner and outer envelopes shall

 

(a)

be addressed to the Employer at the address provided in the Tender Documents;

(b)

bear the name and identification number of the contract as defined in the Tender Documents;

(c)

provide a warning not to open before the time and date for Tender opening, as specified in the Tender Documents; and

 

21.3

In addition to the identification required in Sub-Clause 21.2, the inner envelopes shall indicate the name and address of the Tenderer to enable the Tender to be returned unopened in case it is declared "late" pursuant to Clause 23, and for matching purposes under Clause 24.

21.4

If the outer envelope is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the Tender. If the outer envelope discloses the Tenderer's identity, the Employer will not guarantee the anonymity of the Tender submission, but this shall not constitute grounds for rejection of the Tender.

21.5

The outer package shall be addressed to the Employer at the following addresses:

 

Project Management Unit Wastewater Disposal Project Tra Vinh Town Director 226 Tran Phu Street Tra Vinh Town, Tra Vinh Province SOCIALIST REPUBLIC OF VIETNAM

And bear the following identification:

 

WASTEWATER DISPOSAL PROGRAMME IN PROVINCIAL TOWNS PROGRAMME SOUTH:

TRA VINH TOWN, VIETNAM

Tra Vinh Wastewater Disposal System Extension and Rehabilitation / Construction of a WWTP

 

Do not open before (time & date of opening)

22.

Deadline for

22.1

Tenders must be received by the Employer at the address

Submission of Tenders

specified in Sub-clause 21.5, not later than the time and date stipulated in the Tender Documents.

22.2

The Employer may, in exceptional circumstances and at its discretion, extend the deadline for submission of Tenders by issuing an Addendum in accordance with Clause 11, in which case all rights and obligations of the Employer and the Tenderers previously subject to the original deadline will thereafter be subject to the deadline as extended.

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23. Late Tenders

24. Modification, Substitution, and Withdrawal of Tenders

I.2 Instruction to Tenderers / Conditions of Tender

23.1 Any Tender received by the Employer after the deadline for submission of Tenders prescribed in Clause 22 will be returned unopened to the Tenderer.

24.1 No Tender may be modified by the Tenderer after the deadline for submission of Tenders or after receipt of the tender by the Employer.

24.2 The withdrawal of a Tender during the interval between the deadline for submission of Tenders and expiration of the period of Tender validity specified in Clause 16 may result in the forfeiture of the Tender security pursuant to Sub-Clause 17.6.

24.3 Necessary additional information or additions to the tender content which are identified by the Employer during the evaluation of the bids as his requirement shall be submitted by the contractor in written and will be incorporated by the Employer or his consultant as addendum to the Tender Document.

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Tender Opening and Evaluation

25. Tender Opening 25.1 The Employer will open the Tenders in the presence of Tenderers' designated representatives who choose to attend, at the time, date, and location stipulated in the letter of Invitation. The Tenderers' representatives who are present shall sign a register evidencing their attendance. Each Tenderer shall be represented by only one person which is attended by maximum two persons.

 

25.2

At the start of the tender opening the Committee shall read the names of the Tenderers and open the envelope of each tenderer and examine the completeness of the documents therein as prescribed in Clause 20. If upon examination the Committee determines that any of the required documents are missing or are not in accordance with the instructions to Tenderers then the tender shall be considered unresponsive and will not be given further consideration.

25.3

The Committee then will assess the validity and amount of the Bid Bond Amount and read out the tender prices, the nominated price reduction and the proposed construction time. If upon examination the Committee determines that any of the required documents are missing or are not in accordance with the Instructions to Tenderers then the tender shall be considered unresponsive and will not be given further consideration.

25.4

The Employer shall prepare Minutes of the Tender Opening, including the information disclosed to those present in accordance with Sub- Clauses 25.2 and 25.3.

25.5

Tenders not opened and read out at Tender opening shall not be considered further for evaluation, irrespective of the circumstances.

26. Process to be Confidential

26.1

Information relating to the examination, clarification, evaluation and comparison of Tenders, and recommendations for the award of a contract shall not be disclosed to Tenderers or any other persons not officially concerned with such process until the award to the successful Tenderer has been announced or the Tenderer was invited to participate in contract negotiations. Any effort by a Tenderer to influence the Employer's processing of Tenders or award decisions may result in the rejection of the Tenderer's Tender.

27 Clarification for Tenders

27.1

To assist in the examination, evaluation and comparison of tenders, the Employer may, at his discretion, ask any Tenderer for clarification of his tender, including breakdowns of unit rates. The request for clarification and the response shall be in writing or by cable, but no change in the price or substance of the tender shall be sought, offered or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the tenders.

28. Examination of Tenders and Determination of Responsiveness

28.1

Prior to the detailed evaluation of Tenders, the Employer will determine whether each Tender (a) meets the eligibility criteria of the Employer; (b) has been properly signed; (c) is accompanied by the required guaranties; (d) is substantially responsive to the requirements of the Tender documents; and (e) provides any clarification and/or substantiation that the Employer may require to determine responsiveness pursuant to Sub-Clause 28.2.

28.2

A substantially responsive Tender is one that conforms to all the terms, conditions, and specifications of the Tender documents without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the Works; (b) which limits in any substantial way, inconsistent with

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the Tender documents, the Employer's rights or the Tenderer's obligations under the contract; or (c) whose rectification would affect unfairly the competitive position of other Tenderers presenting substantially responsive Tenders.

29. Correction of

Errors

30. Conversion to

Single Currency

31. Evaluation and

Comparison of

Tenders

28.3

If a Tender is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation.

29.1

Tenders determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows:

(a)

where there is a discrepancy between the amounts in figures and in words, the amount in words will govern; and

(b)

where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern.

29.2

The amount stated in the Tender will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the Tenderer, shall be considered as binding upon the Tenderer. If the Tenderer does not accept the corrected amount of Tender, its Tender will be rejected, and the Tender security may be forfeited in accordance with Sub-Clause 17.6 (b).

Not applicable

31.1

The Employer will evaluate and compare only the Tenders determined to be substantially responsive in accordance with Clause 28.

31.2

In evaluating the Tenders, the Employer will determine for each Tender the Evaluated Tender Price by adjusting the Tender Price as follows:

(a)

making any correction for errors pursuant to Clause 29;

(b)

excluding Provisional Sums and the provision, if any, for Contingencies in the Summary Bill of Quantities, but including Daywork, where priced competitively;

31.3

The Employer reserves the right to accept or reject any variation, deviation, or alternative offer. Variations, deviations, alternative offers, and other factors that are in excess of the requirements of the Tender documents shall not be taken into account in Tender evaluation.

31.4

The estimated effect of the price adjustment provisions, if any, of the Conditions of Contract, applied over the period of execution of the contract, shall not be taken into account in Tender evaluation.

31.5

If the Tender, which results in the lowest Evaluated Tender Price, is seriously unbalanced or front loaded in relation to the Engineer's estimate of the items of work to be performed under the contract, the Employer may require the Tenderer to produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price analyses, taking into consideration the schedule of estimated contract payments, the Employer may require that the amount of the performance Guarantee set forth in Clause 37 be increased at the expense of the Tenderer to a level sufficient to protect the Employer against financial loss in the

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event of default of the successful Tenderer under the contract.

32. Tender Evaluation Criteria and Scoring System

The Tender Evaluation system and the scoring system within the technical evaluation is in the following described in detail.

The evaluation of the Tender which request for a Preliminary Evaluation prior to the Technical Evaluation (step 1) and the Financial Evaluation (step 2). The Preliminary Evaluation will be carried out in order to assess the completeness and comprehensiveness of the offers, while with reference to the Tender Requirements the following items will be checked:

Purchase of Tender Documents (Payment)

Number of required sets (Originals and Copies)

Tender Forms (completed and signed) such as:

- Letter of Submission (English and Vietnamese)

- Form of Tender (English and Vietnamese)

- Appendix to Tender

- Tender Guarantee (Bid Bond)

- Power of Attorney (authorised signature)

- Declaration of undertaking

- Schedule of Insurances

- Schedule of Sub-Contractors

- Schedule of Supervisory Staff

- Schedule of Construction

- Schedule of Equipment

- Method of Statement

- Bills of Quantities (priced and signed)

Remainder of The Tender Documents (initialled or signed)

Only Tenderers’ offers assessed as complete and comprehensive will be given further consideration for Technical Evaluation (step 1). The Technical Evaluation will be carried out on the basis of the below mentioned major Tender Requirements and it’s scoring. Tenderers are required to obtain a minimum score of 90% within the total technical evaluation, while each single item must at least have a score of 70%. Tenderers not achieving these criteria will be considered as technically and substantially unresponsive and will not be given further consideration (evaluation of the financial offer). The scoring of evaluation criteria will be:

Evidence that the list of major items of planned equipment and of construction materials and other information to be submitted demonstrate the adequacy of the achievement of the Works in accordance to the stated Tender Requirements and that this equipment/ materials provides adequate performance, reliability, adaptability and working life as well as a moderate degree of operational skill and maintenance input required to achieve optimum performance. (max. 25 points, min. 18 points)

Evidence that the proposed Sub-Contractors and Suppliers and the List of the Construction Equipment to be submitted

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demonstrate the adequacy of the achievement of the Works in accordance to the stated Tender Requirements within the given Time for Completion. (max. 10 points, min. 07 points)

Evidence that the proposed outline statement of the Work Methods demonstrates the adequacy of the achievement of the Works in accordance with the Tender Requirements within the given Time for Completion (max. 60 points, min. 42.5 points):

- Construction of Sewer (max. 10 points, min. 7.5 points)

- Sewer pipes (5 points)

- Culverts (7 points)

- Construction of pressure mains (max. 5 points, min. 3.5 points)

- Construction of Pumping Stations (max. 13 points, min. 9.5 points)

- Construction of pipe bridge (max. 5 points, min. 3.5 points)

- Construction of CSO, outlets, manholes (max. 10 points, min. 7 points)

- Construction of connection of existing sewers to new sewers (max. 5 points, min. 3.5 points)

Evidence that the proposed Supervisory Staff as well as the Schedule of Insurances demonstrate the adequacy the Tenderer’s Proposal and the achievement of the Works in accordance with the Tender Requirements and the Time for Completion (5 points).

Maximum possible total points: 100 points

Minimum required total points: 90 points

The technical evaluation for item 8.1 of the BoQ and of the content of volume III.3.5 of the Tender Document will be carried out with a special scoring system considering the fact that this item is offered following the regulations for a “Contract for Plant and Design – Build for Electrical and Mechanical Plant and for Building and Engineering works designed by the contractor.

The Technical Evaluation of the Tenders covers three aspects

Engineering (Criteria 1)

Procurement (Criteria 2-4)

Construction (Criteria 5-7)

Within the three above-mentioned aspects totally 7 summarised evaluation criteria (refer to Tender 2, section 2.8.5) were formulated and weighted in form of score points. In order to be classified as successful Tenderer, the Tenderer must achieve an evaluation result of minimum 70% of the possible points for each of these 7 criteria. The maximum total result is 100 points. As total result a successful Tenderer must achieve a minimum of 90% of the possible maximum points. Only financial offers (Envelope No. 2) of successful Tenderers which gained even more than 90 points in the Technical Evaluation will be financially evaluated.

The technical evaluation criteria are:

(1) Tenderer’s choice of treatment process and design of the offered treatment facilities (30 points = max possible, 21 points = min.

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required)

Dimensioning of all treatment components for wastewater treatment and sludge treatment considering hydraulic load, pollution load and the required effluent standards

Completeness of Tenderer’s design

Process reliability, even in case of maintenance and repair

(2) List of major items of plant equipment and of construction materials, offered equipment (30 points = max possible, 21 points = min. required)

Performance, reliability and adaptability in conformity with the chosen treatment process and the local conditions (climate)

Successful application of the offered equipment in wastewater

treatment

plants

and

under similar conditions as in Vietnam

(climate)

Adequacy to Tenderer’s proposal and the achievement of the Works in accordance with the Tender Requirements

Adequate reliability, adaptability and working life

Suitability to be operated and maintained with moderate degree of working skills

(3)

Offered tools, appliances and spare parts (5 points = max possible, 3.5 points = min. required)

Types and numbers of tools, appliances and spare parts are in accordance with the Tender Requirements and are suitable and sufficient to allow proper operation and maintenance of the works

(4)

Proposed Sub-Contractors, suppliers and construction equipment (10 points = max possible, 7 points = min. required)

Adequate experience and know-how for achievement of the Works according to the Tender Requirements

Construction equipments type, number and capability must be

sufficient

for

achievement

of

the

Works

within

the

Time

for

Completion

 

(5)

Work methods (10 points required)

= max possible,

7

points = min.

Suitability of proposed outline statement of work methods to achieve Works according to the Tender Requirements and within the given Time for Completion

(6)

Proposed staff for the execution of the Works (10 points = max possible, 7 points = min. required)

Management and staff organization chart

 

Number and qualification of staff

 

Adequacy of Tenderer‘s staffing proposal for achievement of the Works within the given Time of Completion

(7)

Training of employer’s personnel for Operation and Maintenance (5 points = max possible, 3.5 points = min. required)

Proposal for commissioning of plants

Adequacy of Tenderer’s training proposal to achieve optimum performance of the future plant operation and of long term reliability of

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I.2 Instruction to Tenderers / Conditions of Tender

the Wastewater Treatment Plant.

Max. points possible total = 100 points

Min. points required total = 90 points

Only bids which meet the requirements of the Technical Evaluation will be financially evaluated step 2. The Financial Evaluation will be executed due to determine the evaluation price. In accordance to Vietnamese regulation therefore the following content and procedure to be considered.

Error correction

Error correction means the corrections of errors, including arithmetic errors, typing errors and unit miscalculation. If there is any error between the unit price and the total price due to wrong multiplication of the unit price by the volume, the unit price shall serve as legal basis. When making error correction according to the above-mention principle, the Tenderer shall be informed thereof. If the Tenderer refuse to accept such error correction, their bid shall be eliminated. Where a bid contains arithmetic errors with difference representing over 15% (according to the absolute value, without depending on the increase or decrease of bid prices when determining the evaluation prices) of the bid prices, it shall also be eliminated from further consideration.

Adjustment of disparities

Adding and adjusting contents on superfluous or insufficient offers as compared to the requirements of the Tender Documents:

Upon the determination of evaluation prices, the superfluous offer shall be subtracted and the insufficient offer shall be added according to the principle that if it is inseparable from the bid price, the highest offer price will be chosen for this content (in case of insufficient offer) and the lowest level among the other bids shall be taken (in case of superfluous offer).

Adding or adjusting disparities between bid sections

The adjustment of disparities in bids aims to ensure the consistency of bids. The disparities which need to be adjusted, include:

The disparity between the value written in figures in tables and the values written in words in the explanation: for this case, the value written in words shall be used as legal basis;

The disparity between the general unit prices in the general price table and the detail unit prices in the analytical unit price tables: for this case, the detailed unit-prices shall be used as legal basis;

The disparity between the technical offer contents and the financial offer contents: for this case, the technical offer content shall be used as legal basis;

Bids with a total disparity value exceeding 10% (calculated according to absolute value, without depending on the increase or decrease of the bid prices when determining the evaluation prices) of the bid prices shall be eliminated from further consideration.

The winning Tender will be the Tender with the most technical and financial score points after evaluation. The winning Tender must be evaluated as complete and comprehensive, fulfilled the technical requirements, and presents the lowest price.

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Award of Contract

I.2 Instruction to Tenderers / Conditions of Tender

33. Award

33.1

Subject to Clause 34, the Employer will award the contract to the Tenderer whose Tender has been determined to be substantially responsive to the Tender documents and who has offered the lowest Evaluated Tender Price pursuant to Clauses 31, provided that such Tenderer has been determined to be (a) eligible in accordance with the provisions of Sub-Clause 3.1; and (b) qualified in accordance with the provisions of Clause 5.

33.2

Prior to an award of the contract the Employer reserves the right to perform contract negotiations with the best evaluated contractor concerning technical and contractual details of the proposed contract. Price negotiations influencing offered unit prices will not be performed.

33.3

The Contract shall be valid only after the written approval of the financing bank KfW.

34. Employer's Right to

34.1

The Employer reserves the right to accept or reject any Tender,

Accept any Tender and to Reject any or all Tenders

and to annul the Tender process and reject all Tenders, at any time prior to award of contract, without thereby incurring any liability to the affected Tenderer or Tenderers or any obligation to inform the affected Tenderer or Tenderers of the reasons for the Employer's decision.

35. Notification of Award

35.1

Prior to expiration of the period of Tender validity prescribed by the Employer, the Employer will notify the successful Tenderer by cable confirmed by registered letter that its Tender has been accepted. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") shall specify the sum which the Employer will pay the Contractor in consideration of the execution and completion of the Works and the remedying of any defects therein by the Contractor as prescribed by the contract (hereinafter and in the Conditions of Contract called "the Contract Price").

35.2

The Notification of Award will constitute the formation of the contract.

35.3

Upon the furnishing by the successful tenderer of a Performance Guarantee, pursuant to Clause 37, the Employer will promptly notify the other tenderers that their tenders have been unsuccessful

36. Signing of Agreement 36.1 Together with the invitation for contract negotiations or together with a notification to the tenderer to be successful tenderer the Employer will send the draft tender agreement (draft contract) in the form provided in the tender documents incorporating all agreements between the parties. This draft contract may be modified according to the results of the contract negotiations.

 

36.2

Within 14 days after the issuance of the Letter of Acceptance the successful Tenderer shall call at the Employers office, to sign the Contract Agreement.

37. Performance

37.1

Within 28 days of receipt of the Letter of Acceptance from the

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Guarantee

Employer, the successful Tenderer shall furnish to the Employer a performance guarantee in the form stipulated in the Tender Documents.

 

37.2

The performance guarantee is to be provided by the successful Tenderer in the form of a bank guarantee as prescribed in the Tender Documents.

37.3

Failure of the successful Tenderer to comply with the requirements of Clauses 36 or 37 shall constitute a breach of contract, cause for annulment of the award, forfeiture of the Tender security, and any such other remedy the Employer may take under the contract, and the Employer may resort to awarding the contract to the next ranked Tenderer.

38. Disputes Review Board

38.1

The method of dispute resolution is as indicated in the Tender Documents. If the Tenderer disagrees with this proposal, the Tenderer should so state in the Tender.

39. Bribes or Inducement 39.1 It is expected that the Tenderers and all partners shall observe the highest standards of ethics. The offer of a bribe or other inducement to any person with the object of influencing the placing of the contract will result in instant rejection of the Tenderer and the Tender concerned.

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I.3 Tender Forms

TENDER FORMS AND SCHEDULES

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TABLE OF CONTENTS

I.3 Tender Forms

page

1. LETTER OF SUBMISSION

3-1

2. FORM OF TENDER

3-5

3. APPENDIX TO TENDER

3-7

4. TENDER GUARANTEE

3-9

5. FORMS

5.1. FORM OF CONTRACT AGREEMENT

3-11

5.2. PERFORMANCE GUARANTEE

3-13

5.3. ADVANCE PAYMENT GUARANTEE

3-15

5.4. DECLARATION OF UNDERTAKING

3-17

6. SCHEDULES

6.1. SCHEDULE OF INSURANCE

3-18

6.2. SCHEDULE OF SUBCONTRACTORS

3-19

6.3. SCHEDULE OF SUPERVISORY STAFF

3-20

6.4. SCHEDULE OF CONSTRUCTION

3-21

6.5. SCHEDULE OF EQUIPMENT

3-22

7. METHOD OF STATEMENT

3-23

ANNEXURE / DIRECT DISBURSEMENT

3-24

Wastewater Disposal in Provincial Towns Programme South: Tra Vinh, Vietnam

Tender Documents WWTP

Name of Contract:

Name of Tenderer:

Address:

I.3 Tender Forms

LETTER OF SUBMISSION

Tra Vinh Wastewater Disposal System Extension and Rehabilitation / WWTP

Tel:…………………………………….Fax:……………….………….e-mail:

To:

Project Management Unit

Wastewater Disposal Project of Tra Vinh Town

Director

226 Tran Phu Street, Ward 7

Tra Vinh Town, Tra Vinh Province

Socialist Republic of Vietnam

Dear Sir,

We have the pleasure to submit for your consideration our Tender for the above mentioned Contract.

1. Following the Instruction to Tenderer, we are submitting a “ONE” Envelope Tender including all documents requested for.

2. We confirm that our Tender is in full compliance with the Tender Documents and all amendments issued. We further confirm that our Tender does not contain any conditions or modifications or deletions or special conditions or clarifications of any sort. If any such additions or modifications or the like of any sort are noted in our Tender, following Tender opening, they are hereby considered null and void.

3. We confirm that as a part of our obligations, we shall supply and install the following materials and supplies listed below bearing in mind that one manufacturer shall be indicated for each kind of supply and that at the construction phase the Contractor will not be allowed to quote for delivery from other manufacturers without the explicit agreement of the Engineer.

BOX CULVERT

Manufacture

Country of Origin

Standard

Concrete Class

Load Class

Wastewater Disposal in Provincial Towns Programme South: Tra Vinh, Vietnam

Tender Documents WWTP

I.3 Tender Forms

CONCRETE SEWER PIPES

 

Manufacture

 

Country of Origin

 

Standard

 

Manufacturing Method

 

Concrete Class

 

Load Class

 

DUCTILE IRON PIPES

 

Manufacture

 

Country of Origin

 

Standard

 

Load Class

 

Pressure Class

 

PREFABRICATED CONCRETE MANHOLES

Manufacture

 

Country of Origin

 

Standard

 

Concrete Class of Manhole

 

Concrete Class of Flume

 

DUCTILE IRON MANHOLE COVERS

Manufacture

 

Country of Origin

 

Standard

 

Material

 

Load Class

 

FLAP GATES / FLAP VALVES

 

Manufacture

 

Country of Origin

 

Standard

 

Material

 

Wastewater Disposal in Provincial Towns Programme South: Tra Vinh, Vietnam

Tender Documents WWTP

I.3 Tender Forms

OTHER MATERIALS FOR PIPES

Kind of Material

 

Manufacture

 

Country of Origin

 

Standard

 

EQUIPMENT FOR PUMPING STATIONS

PUMPS

Manufacture

 

Country of Origin

 

Type / Model

 

Standard

 

PIPES

Manufacture

 

Country of Origin

 

Material

 

Standard

 

VALVES

 

Manufacture

 

Country of Origin

 

Type / Model

 

Material

 

Standard

 

ELECTRICAL EQUIPMENT AND INSTRUMENTATION

Manufacture

 

Country of Origin

 

Standard

 

OTHER MATERIALS

Kind of Material

 

Manufacture

 

Country of Origin

 

Standard

 

Wastewater Disposal in Provincial Towns Programme South: Tra Vinh, Vietnam

Tender Documents WWTP

I.3 Tender Forms

OTHER MATERIALS

Kind of Material

Manufacture

Country of Origin

Standard

4. We confirm that the above mentioned materials comply with the requirements of the Specifications. If prior to award or during the implementation of the Contract, it is determined by the Engineer that any of the materials or supplies does not meet the Specifications of the Contract, we undertake to provide and to complete the works in full compliance with the Contract and at no additional cost to the Employer.

This Letter of Submission and the documents form an integral part of the Tender.

Stamp and Signature

Date

Position (duly authorised to sign Tenders for and on behalf of Tenderer)

Wastewater Disposal in Provincial Towns Programme South: Tra Vinh, Vietnam

Tender Documents WWTP

I.3 Tender Forms

FORM OF TENDER

(Note: The Appendix forms part of the Tender. The Tenderer is required to fill up all the blank spaces in this Tender Form and Appendix.)

Name of Contract:

Name of Tenderer:

Address:

Tra Vinh Wastewater Disposal System Extension and Rehabilitation

Tel:…………………………………….Fax:……………….………….e-mail:

To:

Project Management Unit

Wastewater Disposal Project of Tra Vinh Town

Director

226 Tran Phu Street, Ward 7

Tra Vinh Town, Tra Vinh Province

Socialist Republic of Vietnam

Dear Sir,

1. Having examined the Tender Documents including the Conditions of Tender and Instructions to Tenderers, Forms of Contract, Conditions of Contract, Specifications, Drawings and Bills of Quantities and all other documents pertaining to the execution and completion of the Works described in these documents,

We, the undersigned, offer to construct complete and maintain the whole of the Works in conformity with the said Conditions of Tender and Instructions to Tenderers, Drawings, Conditions of Contract, Specification, Bills of Quantities and Addenda for the TENDER SUM of

For Sewer System: EUR

………….

(in words

)

For WWTP: EUR

(in words

)

excluding VAT, as shown in the Priced Bills of Quantities or such other sum as may be ascertained in accordance with the said Conditions.

2. The VAT which has to be paid additionally by the Employer will be

For Sewer System: EUR

………….

(in words

)

For WWTP: EUR

(in words

)

according to Vietnamese tax law. The actual VAT is 10% on construction works and can be subject of modification by the Government. In this case the payment will be adjusted according to the changed VAT rate.

The Tender sum including VAT will be

Wastewater Disposal in Provincial Towns Programme South: Tra Vinh, Vietnam

Tender Documents WWTP

 

I.3 Tender Forms

For Sewer System: EUR

………….

(in words

)

For WWTP: EUR

(in words

)

3. We acknowledge that the Appendix (one appendix for each part of the works) forms part of our Tender.

4. We undertake if our Tender is accepted, to commence the Works within the time stated in the Appendix to Tender after the receipt of the Engineer's Order to Commence, and to complete the whole of the Works comprised in the Contract within the time stated in the Appendix to Tender.

5. If our Tender is accepted, we will, within fourteen (14) days of written Notice of Acceptance (by the Director, Project Management Unit of Tra Vinh Wastewater Disposal Project) of our Tender, or when called upon to do so, execute the formal Contract Agreement.

6. We agree to abide by this Tender for the period of one hundred and eighty (180) days from the date fixed for receiving the same and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

7. Unless and until a formal Agreement is prepared and executed, this Tender, together with your written acceptance thereof, shall constitute a binding Contract between us.

8. We understand that you are not bound to accept the lowest or any Tender you may receive.

9. This Tender is submitted with our Letter of Submission and the completed Tender Documents and other information required by the Instructions to Tenderers all of which shall be read and construed as forming an integral part of our Tender.

10. If our Tender is accepted, we agree to obtain and furnish to you within 28 days after the issuance of the Letter of Acceptance, the Performance Guarantee in a sum stated in the Appendix to Tender as security for the due performance of the Contract and on a form similar to the form included in the Tender Documents.

11. We acknowledge receipt of the following addenda to the Tender Documents (if none were received, write NONE)

Sewer System Date of Addendum Addendum No.
Sewer System
Date of Addendum
Addendum No.

Stamp and Signature

in the capacity of

duly authorised to sign tenders for and on behalf of

WWTP Date of Addendum Addendum No.
WWTP
Date of Addendum
Addendum No.

Date

Wastewater Disposal in Provincial Towns Programme South: Tra Vinh, Vietnam

Tender Documents WWTP

I.3 Tender Forms

APPENDIX TO TENDER

Conditions of Contract – WWTP System Sub-Clause (Yellow Book)

1.1.2.2

The Employer

 

Project Management Unit Wastewater Disposal Project of Tra Vinh Town Director 226 Tran Phu Street, Ward 7 Tra Vinh Town, Tra Vinh Province Socialist Republic of Vietnam

 

Tel.:

+84/ (0)74/ 866 915

Fax:

+84/ (0)74/ 866 916

1.1.2.4

The Engineer

 

CES Consulting Engineers Salzgitter GmbH / NAGECCO 2A Nguyen Trai Street Can Tho City Socialist Republic of Vietnam Tel/Fax +84 / (0)710 / 813 944

 

Email:

ces @vnn.vn

n/a

Amount of Tender Guarantee:

Euro 50,000.00 (Fifty Thousand) for Tender 2, Package 3

1.3

Electronic transmission systems

Fax

1.4

Governing Law

 

Vietnam

1.4

Ruling language

 

English

1.4

Language for communications

English

2.1

Time for access to the Site

 

1 day after Commencement Date

4.2

Minimum amount of Performance Bond or Guarantee

10% of the Accepted Contract Amount for WWTP part

5.1

Period for notifying unforeseeable errors,

28 days

faults

and

defects

in the Employer's

Requirements

 

6.5

Normal working hours

 

Monday to Friday 07:00 am to 11:00 am and 13:00 pm to 17:00 pm; Saturdays 07:30 am to 11:30 am

8.7 &

Delay penalty for the Works

0.05 % of the Contract Price per day, in the

14.15(b)

currencies and proportions in which the Contract Price is payable

8.7

Limit of liquidated damages

10% of Contract Price for WWTP

8.1

Time for issue of the notice to commence:

Forty two (42) days

8.1

Specified period for commencement of work after issuance of notice to commence:

Twenty eight (28) days

Wastewater Disposal in Provincial Towns Programme South: Tra Vinh, Vietnam

Tender Documents WWTP

I.3 Tender Forms

1.1.3.3

Time for Completion of the Works

Eighteen (18) months

1.1.3.7

Defects Notification Period:

Twelve (12) months

13.4

Shares of payment

Employer 30% (in Vietnam Dong by the exchange rate of payment day), KfW 70% (in Euro)

14.2

Maximum Amount of Advance Payment:

Fifteen (15) percent on permanent work (without provisional items)

14.2

Start Repayment of Advance Payment:

With first Interim Payment

14.2

Recovery of Advance Payment:

Thirty (30) percent of the amount of each Interim Payment Certificate

14.3

Retention Money:

Ten (10) percent of each Interim Payment Certificate

14.3

Limit of Retention Money:

Ten (10) percent of Contract Sum – Provisional Sum

14.5(c)

Plant and Materials for payment when delivered on the site:

All E&M equipment for WWTP

14.2

Interim Payment Certificate:

Every two (2) months

14.6

Minimum Amount of Interim Certificates:

8% of Contract Price (after retention and other reductions)

14.7

Time within which Payment to be made after Certification:

Fifty six (56) days after certification by the Engineer except for Certificate No. 1 which is subject to proof of Insurance, receipt of Advance Payment Bond and Performance Bond

14.7

Payment country:

For local contribution: Vietnam For foreign contribution: to be nominated by the Contractor

14.8

Interest for rate payment

Prevailing rate of interest for commercial borrowing obtained from the State Bank of Vietnam

14.2 &

Payment Currency:

Euro for foreign contribution and VND for

14.15

local contribution with the exchange rate of the day of payment

18.3

Minimum Amount of Third Party Insurance:

Five hundred thousand (500,000) Euro per occurrence

18.1

Periods for submission, of insurance:

Evidence of insurance and the relevant

(a)

evidence of insurance

policies must be produced on the date of

(b)

relevant policies

commencement of the Works

20.2

Appointer of Arbitrator:

Three members to be agreed upon

Wastewater Disposal in Provincial Towns Programme South: Tra Vinh, Vietnam

Tender Documents WWTP

Stamp and Signature

I.3 Tender Forms

Date

Wastewater Disposal in Provincial Towns Programme South: Tra Vinh, Vietnam

Tender Documents WWTP

I.3 Tender Forms

TENDER GUARANTEE (BID BOND)

Address of guarantor bank:

………………………………………………………….

………………………………………………………….

………………………………………………………….

Address of beneficiary (contracting agency):

Project Management Unit

Wastewater Disposal Project of Tra Vinh Town