Appears in 1 contract

Review by the Association of Procurement Decisions. Except as the Association shall otherwise determine by notice to the Borrower, the following contracts shall be subject to Prior Review by the Association: : (a) each contract for goods estimated to cost the equivalent of $150,000 or ~~more;~~ more procured on the basis of International Competitive Bidding or National Competitive Bidding; (b) each contract for works estimated to cost the equivalent of $200,000 or more procured on the basis of International Competitive Bidding, or National Competitive Bidding; (c) each contract for consultants’ services provided by a firm estimated to cost the equivalent of $100,000 or more; ~~and~~ and (cd) each contract for ~~consulting services procured on the basis of Single Source regardless of the value thereof. In addition, with respect to each contract for the employment of individual~~ Individual consultants estimated to cost the equivalent of $50,000 or more, the report on the qualifications and experience of all evaluated candidates, the terms of reference and the terms of employment of the consultants shall be subject to prior approval by the Association. All other contracts shall be subject to Post Review by the Association. A. Implementation Responsibilities 1. For the purpose of ensuring the proper execution of Part C of the Project, the Borrower shall cause each of the Implementing Agencies to establish and maintain at all times during the implementation of Part C of the Project, a PIT under terms of reference and with staff and resources satisfactory to the Association. 2. Each PIT, acting under the direction of a Team Leader, shall perform all technical responsibilities for the implementation of Part C of the Project, including: (a) the preparation, with the assistance of consultants, of bidding and contract documents; (b) maintenance of Project financial records and accounts and arranging for the audit thereof; (c) preparation of the half-yearly reports referred to in paragraph 8 of this Schedule; and (d) supervision of progress in carrying out of Part C of the Project. To this end, TPA-PIT shall be responsible for Part C.1 of the Project, and SUMATRA-PIT shall have the overall responsibility for coordination and implementation of Parts C.2, C.3 and C.4 of the Project with the assistance of TANROADS-PIT for Part C.3 of the Project, and TRA-PIT for Part C.2 of the Project, respectively. 3. The Borrower ~~represents that~~ shall, at all times during the ~~procedures to be followed~~ implementation of Part C of the Project: (a) entrust MCT, with the responsibility for ~~National Competitive Bidding shall be those set forth~~ overall coordination and reporting progress in ~~Decree 88/1999/ND-CP dated September 1999, as modified by Decree 14/2000/ND-CP dated May 2000 and Decree 66/2003/ND- CP dated June 2003~~implementation of the Project; and, in order to ensure economy, efficiency and transparency and broad consistency with the provisions of Section I of the Guidelines (as required by paragraph 3.3 of the Guidelines), goods and works for which this Schedule 3 allows procurement using National Competitive Bidding shall be procured in accordance with paragraphs 3.3 and 3.4 of the Guidelines and the following paragraphs. (ib) ~~For clarification purposes, it is understood that the last sentence~~ establish and maintain a PSC with composition and terms of the amended Paragraph (c), Section 2, Article 2 of Decree 88/1999/ND-CP which states that "All the procedures for submission, appraisal and approval of bidding results and bidder selection results shall follow the Procurement Regulation" means "Approvals of draft bidding documents, bid evaluation reports and proposals for award shall be obtained in accordance with the relevant rules and procedures of the Procurement Regulation”. (ii) Government-owned enterprises in Vietnam shall be eligible to participate in bidding only if they can establish that they are legally and financially autonomous, operate under commercial law, and are not a dependent agency of the Borrower or the procuring entity. Military or security units, or enterprises which belong to the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. (iii) Foreign bidders shall be eligible to participate in bidding under the same conditions as local bidders, and local bidders shall be given no preference (either in the bidding process or in bid evaluation) over foreign bidders, nor shall bidders located in the same province or city as the procuring entity be given any such preference over bidders located outside that city or province. (iv) Bidders shall be allowed to participate in bidding without being listed in the Government Database on Bidder Information or in any other registration system. (v) Prospective bidders shall be permitted to request bidding documents either in person or through the mail upon submission of a written application. Bidding documents shall be sold to anyone who is willing to pay the required fee of the bidding documents, and no other conditions shall be imposed on the sale of the bidding documents. The fee for the bidding documents should be reasonable and consist only of the cost of printing (or photocopying) the documents and their delivery to the purchaser. The bidding documents shall be delivered, at the prospective bidders' preference, either by hand or by mail/courier provided that the bidder is willing to pay the mail/courier delivery charges which should be specified in the Invitation for Bids. Each bidder shall be allowed to purchase only one set of the bidding documents. (vi) Foreign bidders shall not be required, in order to participate in bidding or as a condition of award of the contract or during execution of the contract, to enter into a joint venture with a local bidder, or to subcontract part of their contract to a local bidder. (vii) If there is prequalification, all prequalified bidders shall be invited to bid. (viii) If there is limited bidding because there are only a limited number of bidders who can meet the requirements of the bidding documents, all of these bidders shall be invited to bid. (ix) Bidders shall not be required, as a condition of participation in the bidding, to provide suppliers’ credits. (x) Invitations to bid shall be advertised in at least one widely circulated national newspaper. In addition, the Borrower is encouraged to advertise in the Government Public Procurement Bulletin and on a free and open access website. A minimum of 30 days for the preparation and submission of bids shall be provided, and potential bidders shall be allowed to purchase bidding documents up to 24 hours prior to the deadline for the submission of bids. (xi) The Borrower’s standard bidding documents, acceptable reference satisfactory to the Association, and with the responsibility for providing overall oversight and policy guidance. The PSC shall be ~~used. The bidding documents shall provide clear instructions on how bids should be submitted~~comprised of, ~~how prices should be offered~~the Permanent Secretary of MCT, Director General SUMATRA, Director General of TPA, Director General of TRC, Commissioner of Customs and Excise, Chief Executive of TANROADS, and the ~~place and time for submission and opening~~ Secretary of ~~bids. Bidders shall be allowed to submit bids by hand or by mail~~General of TAFFA. ~~(xii) Qualification criteria shall be clearly specified~~ 4. The Borrower shall, during the implementation of the Project, maintain its participation in the ~~bidding documents~~RSC, including in the preparation of the agenda, and ~~all criteria so specified, and only criteria so specified, shall be used to determine whether a bidder is qualified. The evaluation~~ organizing meetings of the bidder’s qualifications should be conducted separately from the technical and commercial evaluation of the bid. When post qualification is applied, the assessment of bidders' qualifications shall be carried out only after the preliminary and detailed evaluation of bids has been completed by the Purchaser/Employer and, in doing so, the qualifications of the bidder who has submitted the lowest evaluated substantially responsive bid shall be assessed first. In carrying out the post-qualification assessment, the Employer/Purchaser shall exercise reasonable judgment in requesting, in writing, from a bidder only missing factual or historical supporting information related to the bidder's qualifications and shall provide a reasonable time period (that is, a minimum of 7 days) to the bidder to provide his response. (xiii) Evaluation criteria shall be clearly specified in the bidding documents, and evaluation criteria other than price shall be quantified in monetary terms. All evaluation criteria so specified, and only evaluation criteria so specified, shall be taken into account in bid evaluation. Merit points shall not be used in bid evaluation. (xiv) Bids shall be opened in public, immediately after the stipulated deadline for submission of bids. Bidders or their representatives shall be allowed to be present. The name of the bidder and total amount of each bid, including discounts, shall be read aloud and recorded. Immediately after completion of the bid opening proceedings, a copy of the bid opening record shall be posted at a prominent location, accessible to the public, outside the office of the concerned procuring entity and shall be retained at the same location until the award of contract has been notified. A copy of the bid opening record shall be promptly provided to all bidders who submitted bids. (xv) Bids received after the deadline for bid submission shall be returned to the bidders unopened. (xvi) All bids shall not be rejected or new bids solicited without the Association’s prior concurrence. (xvii) No bidder shall be rejected merely on the basis of a comparison RSC with the ~~owner’s estimate and budget ceiling without the Association’s prior concurrence~~other Regional Countries. (xviii) A bid containing material deviations from, or reservations to, the terms, conditions or specifications of the bidding documents shall be rejected as not substantially responsive. A bidder shall not be permitted to withdraw material deviations or reservations once bids have been opened. Bidders shall not be eliminated from detailed evaluation on the basis of non-material, minor deviations or reservations. (xix) Evaluation of bids shall be made in strict adherence to the criteria specified in the bidding documents, and contracts shall be awarded to the qualified bidder offering the lowest evaluated and responsive bid. (xx) A bidder shall not be required, as a condition for award, to undertake obligations not specified in the bidding documents or otherwise to modify the bid as originally submitted. (xxi) There shall be no post-bidding negotiations with the lowest or any other bidder. (xxii) The Borrower shall declare a firm ineligible, either indefinitely or for a stated period, to be awarded a contract financed by the Association and the Government, if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for, or in executing, an Association-financed contract. (xxiii) Bidding documents and contracts under national competitive bidding procedures financed by the Association shall include a provision requiring suppliers and contractors to permit the Association to inspect their accounts and records relating to the bid submission and the performance of the supplier and/or contractor, as the case may be, and to have them audited by auditors appointed by the Association, if so required by the Association. (xxiv) License for foreign contractors operation in Vietnam would be provided in a timely manner and will not be arbitrarily withheld.

Appears in 1 contract

Samples: Development Credit Agreement

Review by the Association of Procurement Decisions. Except as the Association shall otherwise determine by notice to the Borrower, the following contracts shall be subject to Prior Review by the Association: (a) each contract for ~~goods estimated to cost~~ goods, and works procured on the ~~equivalent~~ basis of ~~$150,000 or more~~International Competitive Bidding and Direct Contracting; (b) first two contracts for goods and the first two contracts for works procured on the basis of National Competitive Bidding; (c) first two contracts for goods and the first two contracts for works procured on the basis of Shopping; and (d) each contract for consultants’ services provided by a firm estimated to cost the equivalent of $100,000 or more~~; and (c) each contract for consulting services procured on the basis of Single Source regardless of the value thereof~~. In addition, ~~with respect~~ the record of justification referred to in paragraph 5 of Appendix 1 to the Consultant Guidelines for each contract for the employment of individual consultants estimated to cost the equivalent of $50,000 or ~~more, the report on the qualifications and experience of all evaluated candidates, the terms of reference and the terms of employment of the consultants~~ more shall be subject to prior approval by of the Association. All other contracts shall be subject to Post Review by the Association. 1. The Borrower ~~represents that the~~ shall: (a) maintain policies and procedures adequate to ~~be followed for National Competitive Bidding shall be those set forth in Decree 88/1999/ND-CP dated September 1999~~enable it to monitor and evaluate on an ongoing basis, as modified by Decree 14/2000/ND-CP dated May 2000 and Decree 66/2003/ND- CP dated June 2003; and, in order to ensure economy, efficiency and transparency and broad consistency with the provisions of Section I of the Guidelines (as required by paragraph 3.3 of the Guidelines), goods and works for which this Schedule 3 allows procurement using National Competitive Bidding shall be procured in accordance with paragraphs 3.3 and 3.4 of the Guidelines and the following paragraphs. (i) For clarification purposes, it is understood that the last sentence of the amended Paragraph (c), Section 2, Article 2 of Decree 88/1999/ND-CP which states that "All the procedures for submission, appraisal and approval of bidding results and bidder selection results shall follow the Procurement Regulation" means "Approvals of draft bidding documents, bid evaluation reports and proposals for award shall be obtained in accordance with the relevant rules and procedures of the Procurement Regulation”. (ii) Government-owned enterprises in Vietnam shall be eligible to participate in bidding only if they can establish that they are legally and financially autonomous, operate under commercial law, and are not a dependent agency of the Borrower or the procuring entity. Military or security units, or enterprises which belong to the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. (iii) Foreign bidders shall be eligible to participate in bidding under the same conditions as local bidders, and local bidders shall be given no preference (either in the bidding process or in bid evaluation) over foreign bidders, nor shall bidders located in the same province or city as the procuring entity be given any such preference over bidders located outside that city or province. (iv) Bidders shall be allowed to participate in bidding without being listed in the Government Database on Bidder Information or in any other registration system. (v) Prospective bidders shall be permitted to request bidding documents either in person or through the mail upon submission of a written application. Bidding documents shall be sold to anyone who is willing to pay the required fee of the bidding documents, and no other conditions shall be imposed on the sale of the bidding documents. The fee for the bidding documents should be reasonable and consist only of the cost of printing (or photocopying) the documents and their delivery to the purchaser. The bidding documents shall be delivered, at the prospective bidders' preference, either by hand or by mail/courier provided that the bidder is willing to pay the mail/courier delivery charges which should be specified in the Invitation for Bids. Each bidder shall be allowed to purchase only one set of the bidding documents. (vi) Foreign bidders shall not be required, in order to participate in bidding or as a condition of award of the contract or during execution of the contract, to enter into a joint venture with a local bidder, or to subcontract part of their contract to a local bidder. (vii) If there is prequalification, all prequalified bidders shall be invited to bid. (viii) If there is limited bidding because there are only a limited number of bidders who can meet the requirements of the bidding documents, all of these bidders shall be invited to bid. (ix) Bidders shall not be required, as a condition of participation in the bidding, to provide suppliers’ credits. (x) Invitations to bid shall be advertised in at least one widely circulated national newspaper. In addition, the Borrower is encouraged to advertise in the Government Public Procurement Bulletin and on a free and open access website. A minimum of 30 days for the preparation and submission of bids shall be provided, and potential bidders shall be allowed to purchase bidding documents up to 24 hours prior to the deadline for the submission of bids. (xi) The Borrower’s standard bidding documents, acceptable indicators satisfactory to the Association, ~~shall be used. The bidding documents shall provide clear instructions on how bids should be submitted~~the carrying out of the Project and the achievement of the objectives thereof; (b) prepare, ~~how prices should be offered~~under terms of reference satisfactory to the Association, and furnish to the ~~place~~ Association, on or about November 30, 2007, a report integrating the results of the monitoring and ~~time for submission~~ evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and ~~opening~~ setting out the measures recommended to ensure the efficient carrying out of ~~bids. Bidders~~ the Project and the achievement of the objectives thereof during the period following such date; and (c) review with the Association, by February 29, 2008, or such later date as the Association shall ~~be allowed~~ request, the report referred to ~~submit bids by hand or by mail~~in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. (~~xii~~a) ~~Qualification criteria~~ By January 31, 2006, a contract shall ~~be clearly specified in~~ have been executed between the ~~bidding documents,~~ SCWE and ~~all criteria so specified,~~ the Operator for the management and ~~only criteria so specified, shall be used to determine whether a bidder is qualified. The evaluation~~ operation of the ~~bidder’s qualifications should be conducted separately from the technical~~ water and ~~commercial evaluation of the bid. When post qualification is applied~~wastewater sector, the assessment of bidders' qualifications shall be carried out only after the preliminary and detailed evaluation of bids has been completed by the Purchaser/Employer and, in doing so, the qualifications of the bidder who has submitted the lowest evaluated substantially responsive bid shall be assessed first. In carrying out the post-qualification assessment, the Employer/Purchaser shall exercise reasonable judgment in requesting, in writing, from a bidder only missing factual or historical supporting information related satisfactory to the bidder's qualifications and shall provide a reasonable time period (that is, a minimum of 7 days) to the bidder to provide his response. (xiii) Evaluation criteria shall be clearly specified in the bidding documents, and evaluation criteria other than price shall be quantified in monetary terms. All evaluation criteria so specified, and only evaluation criteria so specified, shall be taken into account in bid evaluation. Merit points shall not be used in bid evaluation. (xiv) Bids shall be opened in public, immediately after the stipulated deadline for submission of bids. Bidders or their representatives shall be allowed to be present. The name of the bidder and total amount of each bid, including discounts, shall be read aloud and recorded. Immediately after completion of the bid opening proceedings, a copy of the bid opening record shall be posted at a prominent location, accessible to the public, outside the office of the concerned procuring entity and shall be retained at the same location until the award of contract has been notified. A copy of the bid opening record shall be promptly provided to all bidders who submitted bids. (xv) Bids received after the deadline for bid submission shall be returned to the bidders unopened. (xvi) All bids shall not be rejected or new bids solicited without the Association’s prior concurrence. (xvii) No bidder shall be rejected merely on the basis of a comparison with the owner’s estimate and budget ceiling without the Association’s prior concurrence. (xviii) A bid containing material deviations from, or reservations to, the terms, conditions or specifications of the bidding documents shall be rejected as not substantially responsive. A bidder shall not be permitted to withdraw material deviations or reservations once bids have been opened. Bidders shall not be eliminated from detailed evaluation on the basis of non-material, minor deviations or reservations. (xix) Evaluation of bids shall be made in strict adherence to the criteria specified in the bidding documents, and contracts shall be awarded to the qualified bidder offering the lowest evaluated and responsive bid. (xx) A bidder shall not be required, as a condition for award, to undertake obligations not specified in the bidding documents or otherwise to modify the bid as originally submitted. (xxi) There shall be no post-bidding negotiations with the lowest or any other bidder. (xxii) The Borrower shall declare a firm ineligible, either indefinitely or for a stated period, to be awarded a contract financed by the Association and the Government, if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for, or in executing, an Association-financed contract. (xxiii) Bidding documents and contracts under national competitive bidding procedures financed by the Association shall include a provision requiring suppliers and contractors to permit the Association to inspect their accounts and records relating to the bid submission and the performance of the supplier and/or contractor, as the case may be, and to have them audited by auditors appointed by the Association, if so required by the Association. (~~xxiv~~b) ~~License~~ The Borrower shall not amend, suspend, abrogate, repeal or waive the contract referred to in Paragraph 2 (a) above without the consent of the Association. 3. The Borrower shall take or cause to be taken, all measures necessary for ~~foreign contractors operation in Vietnam would be provided~~ the carrying out of the EMP in a timely ~~manner and will not be arbitrarily withheld~~manner.

Appears in 1 contract

Samples: Development Credit Agreement

Review by the Association of Procurement Decisions. Except as the Association shall otherwise determine by notice to the Borrower, the following contracts shall be subject to Prior Review by the Association: (a) each contract for ~~goods~~ goods, works and services (other than consultants’ services) estimated to cost the equivalent of $~~150,000~~ 1,000,000 or more; and (b) each contract ~~for consultants’ services provided by a firm estimated to cost the equivalent of $100,000 or more; and (c) each contract for consulting services~~ procured on the basis of Single Source regardless of the value thereof. In addition, with respect to each contract for the employment of individual consultants estimated to cost the equivalent of $50,000 or more, the report on the qualifications and experience of all evaluated candidates, the terms of reference and the terms of employment of the consultants shall be subject to prior approval by the AssociationDirect Contracting. All other contracts shall be subject to Post Review by the Association. 1. The Borrower ~~represents that the~~ shall: (a) maintain policies and procedures adequate to ~~be followed for National Competitive Bidding shall be those set forth in Decree 88/1999/ND-CP dated September 1999~~enable it to monitor and evaluate on an ongoing basis, as modified by Decree 14/2000/ND-CP dated May 2000 and Decree 66/2003/ND- CP dated June 2003; and, in order to ensure economy, efficiency and transparency and broad consistency with the provisions of Section I of the Guidelines (as required by paragraph 3.3 of the Guidelines), goods and works for which this Schedule 3 allows procurement using National Competitive Bidding shall be procured in accordance with paragraphs 3.3 and 3.4 of the Guidelines and the following paragraphs. (i) For clarification purposes, it is understood that the last sentence of the amended Paragraph (c), Section 2, Article 2 of Decree 88/1999/ND-CP which states that "All the procedures for submission, appraisal and approval of bidding results and bidder selection results shall follow the Procurement Regulation" means "Approvals of draft bidding documents, bid evaluation reports and proposals for award shall be obtained in accordance with the relevant rules and procedures of the Procurement Regulation”. (ii) Government-owned enterprises in Vietnam shall be eligible to participate in bidding only if they can establish that they are legally and financially autonomous, operate under commercial law, and are not a dependent agency of the Borrower or the procuring entity. Military or security units, or enterprises which belong to the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. (iii) Foreign bidders shall be eligible to participate in bidding under the same conditions as local bidders, and local bidders shall be given no preference (either in the bidding process or in bid evaluation) over foreign bidders, nor shall bidders located in the same province or city as the procuring entity be given any such preference over bidders located outside that city or province. (iv) Bidders shall be allowed to participate in bidding without being listed in the Government Database on Bidder Information or in any other registration system. (v) Prospective bidders shall be permitted to request bidding documents either in person or through the mail upon submission of a written application. Bidding documents shall be sold to anyone who is willing to pay the required fee of the bidding documents, and no other conditions shall be imposed on the sale of the bidding documents. The fee for the bidding documents should be reasonable and consist only of the cost of printing (or photocopying) the documents and their delivery to the purchaser. The bidding documents shall be delivered, at the prospective bidders' preference, either by hand or by mail/courier provided that the bidder is willing to pay the mail/courier delivery charges which should be specified in the Invitation for Bids. Each bidder shall be allowed to purchase only one set of the bidding documents. (vi) Foreign bidders shall not be required, in order to participate in bidding or as a condition of award of the contract or during execution of the contract, to enter into a joint venture with a local bidder, or to subcontract part of their contract to a local bidder. (vii) If there is prequalification, all prequalified bidders shall be invited to bid. (viii) If there is limited bidding because there are only a limited number of bidders who can meet the requirements of the bidding documents, all of these bidders shall be invited to bid. (ix) Bidders shall not be required, as a condition of participation in the bidding, to provide suppliers’ credits. (x) Invitations to bid shall be advertised in at least one widely circulated national newspaper. In addition, the Borrower is encouraged to advertise in the Government Public Procurement Bulletin and on a free and open access website. A minimum of 30 days for the preparation and submission of bids shall be provided, and potential bidders shall be allowed to purchase bidding documents up to 24 hours prior to the deadline for the submission of bids. (xi) The Borrower’s standard bidding documents, acceptable indicators satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof; (b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about February 28, 2008, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and (c) review with the Association, by April 30, 2008, or such later date as the Association shall ~~be used~~request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. 2. The ~~bidding documents~~ Borrower shall ~~provide clear instructions on how bids should~~ take or cause to be ~~submitted~~taken, ~~how prices should be offered~~all measures necessary for the carrying out of the EMP, ~~and the place and time for submission and opening of bids. Bidders shall be allowed to submit bids by hand or by mail~~in a timely manner. (xii) Qualification criteria shall be clearly specified in the bidding documents, and all criteria so specified, and only criteria so specified, shall be used to determine whether a bidder is qualified3. The ~~evaluation~~ Borrower, through the R2E2 Fund, shall: (a) by October 31 of each year, submit a draft operational budget of the ~~bidder’s qualifications should be conducted separately from~~ R2E2 Fund for the ~~technical and commercial evaluation~~ following year to the Association for its review; and (b) by December 31 of each other, adopt the agreed budget for the Project for the following year. 4. The Borrower shall ensure, until the completion of the ~~bid. When post qualification is applied~~Project, that the ~~assessment of bidders' qualifications shall be carried out only after the preliminary and detailed evaluation of bids has been completed by the Purchaser/Employer and~~necessary resources, ~~in doing so~~staff, ~~the qualifications~~ powers or functions of the bidder who has submitted the lowest evaluated substantially responsive bid shall be assessed first. In carrying out the post-qualification assessment, the Employer/Purchaser shall exercise reasonable judgment in requesting, in writing, from a bidder only missing factual or historical supporting information related to the bidder's qualifications and shall provide a reasonable time period (that is, a minimum of 7 days) to the bidder to provide his response. (xiii) Evaluation criteria shall be clearly specified in the bidding documents, and evaluation criteria other than price shall be quantified in monetary terms. All evaluation criteria so specified, and only evaluation criteria so specified, shall be taken into account in bid evaluation. Merit points R2E2 Fund shall not be ~~used~~ deprived in ~~bid evaluation. (xiv) Bids shall be opened in public, immediately after~~ order not to affect materially and adversely the ~~stipulated deadline for submission of bids. Bidders or their representatives shall be allowed to be present. The name~~ ability of the ~~bidder and total amount~~ R2E2 Fund to perform any of ~~each bid, including discounts, shall be read aloud and recorded. Immediately after completion of~~ its obligations to carry out the bid opening proceedings, a copy of the bid opening record shall be posted at a prominent location, accessible to the public, outside the office of the concerned procuring entity and shall be retained at the same location until the award of contract has been notified. A copy of the bid opening record shall be promptly provided to all bidders who submitted bidsProject. (xv) Bids received after the deadline for bid submission shall be returned to the bidders unopened. (xvi) All bids shall not be rejected or new bids solicited without the Association’s prior concurrence. (xvii) No bidder shall be rejected merely on the basis of a comparison with the owner’s estimate and budget ceiling without the Association’s prior concurrence. (xviii) A bid containing material deviations from, or reservations to, the terms, conditions or specifications of the bidding documents shall be rejected as not substantially responsive. A bidder shall not be permitted to withdraw material deviations or reservations once bids have been opened. Bidders shall not be eliminated from detailed evaluation on the basis of non-material, minor deviations or reservations. (xix) Evaluation of bids shall be made in strict adherence to the criteria specified in the bidding documents, and contracts shall be awarded to the qualified bidder offering the lowest evaluated and responsive bid. (xx) A bidder shall not be required, as a condition for award, to undertake obligations not specified in the bidding documents or otherwise to modify the bid as originally submitted. (xxi) There shall be no post-bidding negotiations with the lowest or any other bidder. (xxii) The Borrower shall declare a firm ineligible, either indefinitely or for a stated period, to be awarded a contract financed by the Association and the Government, if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for, or in executing, an Association-financed contract. (xxiii) Bidding documents and contracts under national competitive bidding procedures financed by the Association shall include a provision requiring suppliers and contractors to permit the Association to inspect their accounts and records relating to the bid submission and the performance of the supplier and/or contractor, as the case may be, and to have them audited by auditors appointed by the Association, if so required by the Association. (xxiv) License for foreign contractors operation in Vietnam would be provided in a timely manner and will not be arbitrarily withheld.

Appears in 1 contract

Samples: Development Credit Agreement

Review by the Association of Procurement Decisions. 1. Except as the Association shall otherwise determine by notice to the Borrower, the following contracts shall be subject to Prior Review by the Association: : (a) each contract for ~~goods~~ goods, works and services (other than consultants’ services): (i) estimated to cost the equivalent of $~~150,000~~ 100,000 or more; or procured on the basis of Direct Contracting; and (ii) the first contract for works procured on the basis of National Competitive Bidding; (b) each contract for consultants’ services provided by a ~~firm~~ firm: (i) estimated to cost the equivalent of $~~100,000~~ 100,000; or ~~more; and~~ (cii) ~~each contract for consulting services~~ procured on the basis of Single Source ~~regardless of the value thereof. In addition, with respect to~~ Selection; and (c) each contract for the employment of individual consultants ~~estimated to cost the equivalent of $50,000 or more, the report~~ procured on the ~~qualifications and experience~~ sole-source basis, in which case the Borrower shall provide the Association the record of ~~all evaluated candidates,~~ justification referred to in paragraph 5 of Appendix 1 to the ~~terms of reference and the terms of employment of the consultants shall be subject to prior approval by the Association~~Consultant Guidelines. 2. All other contracts shall be subject to Post Review by the Association. 1. The Borrower ~~represents~~ shall ensure that the Republic of Montenegro shall: (a) maintain policies and procedures adequate to ~~be followed for National Competitive Bidding shall be those set forth in Decree 88/1999/ND-CP dated September 1999~~enable them to monitor and evaluate on an ongoing basis, as modified by Decree 14/2000/ND-CP dated May 2000 and Decree 66/2003/ND- CP dated June 2003; and, in order to ensure economy, efficiency and transparency and broad consistency with the provisions of Section I of the Guidelines (as required by paragraph 3.3 of the Guidelines), goods and works for which this Schedule 3 allows procurement using National Competitive Bidding shall be procured in accordance with ~~paragraphs 3.3~~ indicators satisfactory to the Republic of Montenegro and ~~3.4~~ the Association, the carrying out of the ~~Guidelines~~ Project and the achievement of the objectives thereof; (b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, by July 15, 2007, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph 1 (a) of this Schedule 4, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following ~~paragraphs~~such date; and (c) review with the Association, by September 15, 2007, or such later date as the Association shall request, the report referred to in paragraph 1 (b) of this Schedule 4, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. ~~(i)~~ 2. For ~~clarification purposes, it is understood that~~ the ~~last sentence~~ purposes of Section 9.06 of the ~~amended Paragraph (c), Section 2, Article 2 of Decree 88/1999/ND-CP which states that "All the procedures for submission, appraisal~~ General Conditions and approval of bidding results and bidder selection results shall follow the Procurement Regulation" means "Approvals of draft bidding documents, bid evaluation reports and proposals for award shall be obtained in accordance with the relevant rules and procedures of the Procurement Regulation”. (ii) Government-owned enterprises in Vietnam shall be eligible to participate in bidding only if they can establish that they are legally and financially autonomous, operate under commercial law, and are not a dependent agency of the Borrower or the procuring entity. Military or security units, or enterprises which belong to the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. (iii) Foreign bidders shall be eligible to participate in bidding under the same conditions as local bidders, and local bidders shall be given no preference (either in the bidding process or in bid evaluation) over foreign bidders, nor shall bidders located in the same province or city as the procuring entity be given any such preference over bidders located outside that city or province. (iv) Bidders shall be allowed to participate in bidding without being listed in the Government Database on Bidder Information or in any other registration system. (v) Prospective bidders shall be permitted to request bidding documents either in person or through the mail upon submission of a written application. Bidding documents shall be sold to anyone who is willing to pay the required fee of the bidding documents, and no other conditions shall be imposed on the sale of the bidding documents. The fee for the bidding documents should be reasonable and consist only of the cost of printing (or photocopying) the documents and their delivery to the purchaser. The bidding documents shall be delivered, at the prospective bidders' preference, either by hand or by mail/courier provided that the bidder is willing to pay the mail/courier delivery charges which should be specified in the Invitation for Bids. Each bidder shall be allowed to purchase only one set of the bidding documents. (vi) Foreign bidders shall not be required, in order to participate in bidding or as a condition of award of the contract or during execution of the contract, to enter into a joint venture with a local bidder, or to subcontract part of their contract to a local bidder. (vii) If there is prequalification, all prequalified bidders shall be invited to bid. (viii) If there is limited bidding because there are only a limited number of bidders who can meet the requirements of the bidding documents, all of these bidders shall be invited to bid. (ix) Bidders shall not be required, as a condition of participation in the bidding, to provide suppliers’ credits. (x) Invitations to bid shall be advertised in at least one widely circulated national newspaper. In additionlimitation thereto, the Borrower ~~is encouraged to advertise in~~ shall ensure that the ~~Government Public Procurement Bulletin and on a free and open access website. A minimum~~ Republic of 30 days for the preparation and submission of bids shall be provided, and potential bidders shall be allowed to purchase bidding documents up to 24 hours prior to the deadline for the submission of bids.Montenegro shall: (xia) ~~The Borrower’s standard bidding documents~~prepare, on the basis of guidelines acceptable to the Association, ~~shall~~ and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be ~~used. The bidding documents shall provide clear instructions on how bids should be submitted, how prices should be offered,~~ agreed for this purpose between the Republic of Montenegro and the ~~place and time~~ Association, a plan for ~~submission and opening~~ the continued achievement of ~~bids. Bidders shall be allowed~~ the objectives of the Project; and (b) afford the Association a reasonable opportunity to ~~submit bids by hand or by mail~~exchange views with the Republic of Montenegro on said plan. (xii) Qualification criteria shall be clearly specified in the bidding documents, and all criteria so specified, and only criteria so specified, shall be used to determine whether a bidder is qualified3. The evaluation of the bidder’s qualifications should be conducted separately from the technical and commercial evaluation of the bid. When post qualification is applied, the assessment of bidders' qualifications shall be carried out only after the preliminary and detailed evaluation of bids has been completed by the Purchaser/Employer and, in doing so, the qualifications of the bidder who has submitted the lowest evaluated substantially responsive bid shall be assessed first. In carrying out the post-qualification assessment, the Employer/Purchaser shall exercise reasonable judgment in requesting, in writing, from a bidder only missing factual or historical supporting information related to the bidder's qualifications and shall provide a reasonable time period (that is, a minimum of 7 days) to the bidder to provide his response. (xiii) Evaluation criteria shall be clearly specified in the bidding documents, and evaluation criteria other than price shall be quantified in monetary terms. All evaluation criteria so specified, and only evaluation criteria so specified, shall be taken into account in bid evaluation. Merit points shall not be used in bid evaluation. (xiv) Bids shall be opened in public, immediately after the stipulated deadline for submission of bids. Bidders or their representatives shall be allowed to be present. The name of the bidder and total amount of each bid, including discounts, shall be read aloud and recorded. Immediately after completion of the bid opening proceedings, a copy of the bid opening record shall be posted at a prominent location, accessible to the public, outside the office of the concerned procuring entity and shall be retained at the same location until the award of contract has been notified. A copy of the bid opening record shall be promptly provided to all bidders who submitted bids. (xv) Bids received after the deadline for bid submission shall be returned to the bidders unopened. (xvi) All bids shall not be rejected or new bids solicited without the Association’s prior concurrence. (xvii) No bidder shall be rejected merely on the basis of a comparison with the owner’s estimate and budget ceiling without the Association’s prior concurrence. (xviii) A bid containing material deviations from, or reservations to, the terms, conditions or specifications of the bidding documents shall be rejected as not substantially responsive. A bidder shall not be permitted to withdraw material deviations or reservations once bids have been opened. Bidders shall not be eliminated from detailed evaluation on the basis of non-material, minor deviations or reservations. (xix) Evaluation of bids shall be made in strict adherence to the criteria specified in the bidding documents, and contracts shall be awarded to the qualified bidder offering the lowest evaluated and responsive bid. (xx) A bidder shall not be required, as a condition for award, to undertake obligations not specified in the bidding documents or otherwise to modify the bid as originally submitted. (xxi) There shall be no post-bidding negotiations with the lowest or any other bidder. (xxii) The Borrower shall ~~declare a firm ineligible~~ensure that the Republic of Montenegro shall: (a) maintain, ~~either indefinitely or~~ during the term of the Project, the Education Reform Steering Committee, the SPU and the TSU with staff and other resources necessary and appropriate for ~~a stated period~~the Project, and satisfactory to ~~be awarded a contract financed~~ the Association; (b) carry out the financial management and procurement functions under the Project by the ~~Association~~ TSU, in accordance with the Operational Manual; (c) carry out Part A of the Project through the XXXX, the BES and the ~~Government~~SPU, ~~if it at any time determines that~~ and carry out Part B of the ~~firm has~~Project through the MOF, ~~directly or through an agent~~the XXXX, ~~engaged in corrupt~~the BES, ~~fraudulent, collusive, or coercive practices in competing for, or in executing, an Association-financed contract.~~the SPU and the municipalities; (~~xxiii~~d) ~~Bidding documents and contracts~~ under national competitive bidding procedures financed by the Association shall include a provision requiring suppliers and contractors to permit the Association to inspect their accounts and records relating to the bid submission and the performance Part A of the ~~supplier and/or contractor~~Project, as select the ~~case may be~~Participating Schools in accordance with the procedures, eligibility criteria, and on terms and conditions satisfactory to ~~have them audited by auditors appointed by~~ the Association, ~~if so~~ including, without limitation, a transparent and objective selection procedure, and taking into account students’ social background and ethnicity, and schools geographical locations; the Participating Schools shall be set forth in an annual plan to be adopted by the XXXX by January 1 of each calendar year of Project implementation, which plan shall be satisfactory to the Association; and (e) adopt, though the XXXX and the Ministry of Labor and Social Welfare of the Republic of Montenegro, by July 1, 2005, and thereafter by January 1 during each calendar year of Project implementation, an annual program of support for the next year, targeting school children from socially disadvantaged and minority backgrounds, to ensure that they have adequate access to the required by curriculum materials, which program may include provisions for renting books, establishing and maintaining a used books market, or supplying schools and public libraries with books; each annual program shall be discussed with the Association at least thirty (30) days prior to adoption, and shall, in its final form, be satisfactory to the Association. ~~(xxiv) License for foreign contractors operation in Vietnam would be provided in a timely manner and will not be arbitrarily withheld.~~

Appears in 1 contract

Samples: Development Credit Agreement

Review by the Association of Procurement Decisions. Except as the Association shall otherwise determine by notice to the Borrower, the following contracts shall be subject to Prior Review by the Association: (a) each contract for ~~goods~~ goods, estimated to cost the equivalent of $~~150,000~~ 250,000 or more, procured on the basis of International Competitive Bidding, Limited International Bidding or National Competitive Bidding, (b) each contract for works and services (other than consultants’ services) estimated to cost the equivalent of $500,000 or more, procured on the basis of International Competitive Bidding, Limited International Bidding or National Competitive Bidding, (c) each contract for goods and works, procured on the basis of Direct Contracting; (bd) each contract for consultants’ services provided by a firm estimated to cost the equivalent of $~~100,000~~ 200,000 or more; and (ce) each contract for ~~consulting~~ consultants’ services provided by a firm procured on the basis of ~~Single~~ Single-Source regardless of the value thereof. In addition, with respect to each contract for the employment of individual consultants estimated to cost the equivalent of $50,000 or more, the report on the qualifications and experience of all evaluated candidates, the terms of reference and the terms of employment of the consultants shall be subject to prior approval by the AssociationSelection. All other contracts shall be subject to Post Review by the Association. 1. The Borrower ~~represents that~~ shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with the ~~procedures to be followed for National Competitive Bidding shall be those~~ indicators set forth in ~~Decree 88/1999/ND~~Schedule 5 to this Agreement, the carrying out of the Project and the achievement of the objectives thereof; (b) carry out an in-~~CP dated September 1999~~depth review jointly with the Association, on or about May 31, 2006, to review the effectiveness of institutional arrangements for road planning and management under the Project; (c) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about August 31, 2007, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; (d) review with the Association, by November 30, 2007, or such later date as ~~modified by Decree 14/2000/ND-CP dated May 2000~~ the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and ~~Decree 66/2003/ND- CP dated June 2003~~the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter; and (e) carry out an in-depth review (the Mid-Term Review) jointly with the Association, two (2) years after the Effective Date or such later date as the Association shall agree, on the progress achieved in ~~order to ensure economy, efficiency and transparency and broad consistency with~~ the implementation of the Project. (a) Without limitation upon the provisions of Section I 3.01 of this Agreement, the ~~Guidelines (as required by paragraph 3.3 of~~ Borrower shall carry out the ~~Guidelines), goods and works for which this Schedule 3 allows procurement using National Competitive Bidding shall be procured~~ Project in accordance with ~~paragraphs 3.3 and 3.4 of~~ a manual (the ~~Guidelines and the following paragraphs. (i) For clarification purposes, it is understood that the last sentence of the amended Paragraph (c~~Operational Manual), Section 2, Article 2 of Decree 88/1999/ND-CP which states that "All the procedures for submission, appraisal and approval of bidding results and bidder selection results shall follow the Procurement Regulation" means "Approvals of draft bidding documents, bid evaluation reports and proposals for award shall be obtained in accordance with the relevant rules and procedures of the Procurement Regulation”. (ii) Government-owned enterprises in Vietnam shall be eligible to participate in bidding only if they can establish that they are legally and financially autonomous, operate under commercial law, and are not a dependent agency of the Borrower or the procuring entity. Military or security units, or enterprises which belong to the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. (iii) Foreign bidders shall be eligible to participate in bidding under the same conditions as local bidders, and local bidders shall be given no preference (either in the bidding process or in bid evaluation) over foreign bidders, nor shall bidders located in the same province or city as the procuring entity be given any such preference over bidders located outside that city or province. (iv) Bidders shall be allowed to participate in bidding without being listed in the Government Database on Bidder Information or in any other registration system. (v) Prospective bidders shall be permitted to request bidding documents either in person or through the mail upon submission of a written application. Bidding documents shall be sold to anyone who is willing to pay the required fee of the bidding documents, and no other conditions shall be imposed on the sale of the bidding documents. The fee for the bidding documents should be reasonable and consist only of the cost of printing (or photocopying) the documents and their delivery to the purchaser. The bidding documents shall be delivered, at the prospective bidders' preference, either by hand or by mail/courier provided that the bidder is willing to pay the mail/courier delivery charges which should be specified in the Invitation for Bids. Each bidder shall be allowed to purchase only one set of the bidding documents. (vi) Foreign bidders shall not be required, in order to participate in bidding or as a condition of award of the contract or during execution of the contract, to enter into a joint venture with a local bidder, or to subcontract part of their contract to a local bidder. (vii) If there is prequalification, all prequalified bidders shall be invited to bid. (viii) If there is limited bidding because there are only a limited number of bidders who can meet the requirements of the bidding documents, all of these bidders shall be invited to bid. (ix) Bidders shall not be required, as a condition of participation in the bidding, to provide suppliers’ credits. (x) Invitations to bid shall be advertised in at least one widely circulated national newspaper. In addition, the Borrower is encouraged to advertise in the Government Public Procurement Bulletin and on a free and open access website. A minimum of 30 days for the preparation and submission of bids shall be provided, and potential bidders shall be allowed to purchase bidding documents up to 24 hours prior to the deadline for the submission of bids. (xi) The Borrower’s standard bidding documents, acceptable to the Association, ~~shall be used. The bidding documents shall provide clear instructions on how bids should be submitted~~said manual to include, ~~how prices should be offered~~inter alia: (i) detailed arrangements for the overall carrying out of the Project; (ii) an institutional implementation plan of MIT for the management of the Project (including, inter alia, allocation of responsibilities among staff, yearly planning of activities and budget, and time allocation for those activities); (iii) the ~~place~~ procurement, financial management, resettlement, and ~~time~~ environmental guidelines to be followed during Project implementation by the Borrower; (iv) the criteria and procedures for: (A) the indicators to be used in the monitoring and evaluation of the Project; and (B) training and technical assistance, environmental and resettlement assessments and corresponding mitigation measures; (v) the guidelines for ~~submission~~ the implementation of the ARAP and ~~opening~~ the EMP in connection with the carrying out of ~~bids. Bidders~~ the Project; (vi) the guidelines for the preparation of the Annual Action Plans; and (vii) a construction manual to guide works under Part B of the Project (which manual shall ~~be allowed to submit bids by hand or by mail~~include, inter alia, the EMP, provisions for erosion control, solid waste management, protection of cultural property, occupational health guidelines, first aid instructions and restriction on the use of child labor). (~~xii~~b) ~~Qualification criteria~~ Except as the Borrower and the Association may otherwise agree in writing, the Borrower shall ~~be clearly specified in~~ not abrogate, amend, suspend, waive or otherwise fail to enforce the ~~bidding documents~~Operational Manual or any provision thereof. (c) In case of any conflict between the terms of the Operational Manual and those of this Agreement, ~~and all criteria so specified, and only criteria so specified,~~ the terms of this Agreement shall ~~be used to determine whether a bidder is qualified~~prevail. 3. The ~~evaluation~~ Borrower shall: (a) not later than January 31 of each year during Project implementation, starting in year 2006, furnish to the ~~bidder’s qualifications should be conducted separately from~~ Association for approval , an annual action plan (the ~~technical and commercial evaluation of~~ Annual Action Plan), each said plan to include, inter alia: (i) the ~~bid. When post qualification is applied, the assessment of bidders' qualifications shall~~ Project activities to be carried out ~~only after~~ by MIT during the ~~preliminary~~ twelve months immediately following the presentation of each said plan; (ii) the procurement plan, disbursement schedule and ~~detailed evaluation~~ chart of ~~bids has been completed~~ accounts for each said twelve month period; and (iii) the amount of counterpart funds needed and to be provided by the ~~Purchaser/Employer and~~Borrower to carry out the Project during said calendar year; (b) thereafter implement each said Annual Action Plan, approved by the Association, in ~~doing so, the qualifications of the bidder who has submitted the lowest evaluated substantially responsive bid shall be assessed first. In carrying~~ accordance with its terms; and (c) carry out the ~~post-qualification assessment,~~ Annual Action Plan for the ~~Employer/Purchaser shall exercise reasonable judgment in requesting, in writing, from a bidder only missing factual or historical supporting information related~~ year 2006 approved by the Association prior to the ~~bidder's qualifications and shall provide a reasonable time period (that is, a minimum~~ date of ~~7 days) to the bidder to provide his response~~this Agreement. (xiii) Evaluation criteria shall be clearly specified in the bidding documents, and evaluation criteria other than price shall be quantified in monetary terms. All evaluation criteria so specified, and only evaluation criteria so specified, shall be taken into account in bid evaluation. Merit points shall not be used in bid evaluation. (xiv) Bids shall be opened in public, immediately after the stipulated deadline for submission of bids. Bidders or their representatives shall be allowed to be present. The name of the bidder and total amount of each bid, including discounts, shall be read aloud and recorded. Immediately after completion of the bid opening proceedings, a copy of the bid opening record shall be posted at a prominent location, accessible to the public, outside the office of the concerned procuring entity and shall be retained at the same location until the award of contract has been notified. A copy of the bid opening record shall be promptly provided to all bidders who submitted bids. (xv) Bids received after the deadline for bid submission shall be returned to the bidders unopened. (xvi) All bids shall not be rejected or new bids solicited without the Association’s prior concurrence. (xvii) No bidder shall be rejected merely on the basis of a comparison with the owner’s estimate and budget ceiling without the Association’s prior concurrence. (xviii) A bid containing material deviations from, or reservations to, the terms, conditions or specifications of the bidding documents shall be rejected as not substantially responsive. A bidder shall not be permitted to withdraw material deviations or reservations once bids have been opened. Bidders shall not be eliminated from detailed evaluation on the basis of non-material, minor deviations or reservations. (xix) Evaluation of bids shall be made in strict adherence to the criteria specified in the bidding documents, and contracts shall be awarded to the qualified bidder offering the lowest evaluated and responsive bid. (xx) A bidder shall not be required, as a condition for award, to undertake obligations not specified in the bidding documents or otherwise to modify the bid as originally submitted. (xxi) There shall be no post-bidding negotiations with the lowest or any other bidder. (xxiia) The Borrower shall ~~declare~~ establish, operate and maintain in MIT, at all times during Project implementation, a ~~firm ineligible~~Project coordination office (the PCO) with a structure, ~~either indefinitely or for a stated period~~functions and responsibilities acceptable to the Association, including, inter alia, the responsibility of the PCO to ~~be awarded a contract financed by~~ assist the ~~Association~~ Borrower in the coordination, monitoring and supervision of the Government, if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for, or in executing, an Association-financed contractProject. (~~xxiii~~b) ~~Bidding documents~~ The Borrower shall ensure that the PCO is, at all times during Project implementation, headed by a Project coordinator and contracts under national competitive bidding procedures financed by the Association shall include a provision requiring suppliers and contractors to permit the Association to inspect their accounts and records relating to the bid submission and the performance of the supplier and/or contractor, as the case may bestaffed with an accountant, and other professional and administrative staff, all hired through competitive processes, in numbers and with qualifications and experience acceptable to ~~have them audited by auditors appointed by the Association, if so required by~~ the Association. (~~xxiv~~c) ~~License~~ The Borrower shall not introduce changes in the number of positions of the PCO or in the professional skills required for ~~foreign contractors operation in Vietnam would be provided in a timely manner and will not be arbitrarily withheld~~occupying such positions, unless said changes have been previously agreed with the Association.

Appears in 1 contract

Samples: Development Credit Agreement

Appears in 1 contract

Samples: Development Credit Agreement

Review by the Association of Procurement Decisions. Except as the Association shall otherwise determine by notice to the Borrower, the following contracts shall be subject to Prior Review by the Association: (a) each contract for ~~goods~~ goods, works and services (other than consultants’ services), estimated to cost the equivalent of $~~150,000~~ 200,000 or more; and (b) each contract for consultants’ services provided by a firm estimated to cost the equivalent of $100,000 or more~~; and (c) each contract for consulting services procured on the basis of Single Source regardless of the value thereof~~. In addition, with respect to each contract for the employment of individual consultants estimated to cost the equivalent of $50,000 or more, the report on the qualifications and experience of all evaluated candidates, the terms of reference and the terms of employment of the consultants shall be subject to prior approval by the Association. All other contracts shall be subject to Post Review by the Association. 1. The Borrower ~~represents that~~ shall, throughout Project implementation, maintain the ~~procedures~~ Steering Committee and the Project Directorate, each with functions, staffing and resources satisfactory to the Association. 2. The Borrower shall take steps to ensure that, throughout Project implementation: (a) adequate levels of staffing are maintained as needed for the Project and agreed with the Association from time to time; and (b) staff turn-over is kept to a minimum. 3. The Borrower shall ensure that: (a) no activities involving land acquisition will be ~~followed for National Competitive Bidding~~ included in the Project without prior approval of the Association; and (b) if any land acquisition is required, it shall be ~~those set forth in Decree 88/1999/ND-CP dated September 1999~~purchased commercially on a willing seller – willing buyer basis free of encumbrances. 4. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, as modified by Decree 14/2000/ND-CP dated May 2000 and Decree 66/2003/ND- CP dated June 2003; and, in order to ensure economy, efficiency and transparency and broad consistency with the provisions of Section I of the Guidelines (as required by paragraph 3.3 of the Guidelines), goods and works for which this Schedule 3 allows procurement using National Competitive Bidding shall be procured in accordance with paragraphs 3.3 and 3.4 of the Guidelines and the following paragraphs. (i) For clarification purposes, it is understood that the last sentence of the amended Paragraph (c), Section 2, Article 2 of Decree 88/1999/ND-CP which states that "All the procedures for submission, appraisal and approval of bidding results and bidder selection results shall follow the Procurement Regulation" means "Approvals of draft bidding documents, bid evaluation reports and proposals for award shall be obtained in accordance with the relevant rules and procedures of the Procurement Regulation”. (ii) Government-owned enterprises in Vietnam shall be eligible to participate in bidding only if they can establish that they are legally and financially autonomous, operate under commercial law, and are not a dependent agency of the Borrower or the procuring entity. Military or security units, or enterprises which belong to the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. (iii) Foreign bidders shall be eligible to participate in bidding under the same conditions as local bidders, and local bidders shall be given no preference (either in the bidding process or in bid evaluation) over foreign bidders, nor shall bidders located in the same province or city as the procuring entity be given any such preference over bidders located outside that city or province. (iv) Bidders shall be allowed to participate in bidding without being listed in the Government Database on Bidder Information or in any other registration system. (v) Prospective bidders shall be permitted to request bidding documents either in person or through the mail upon submission of a written application. Bidding documents shall be sold to anyone who is willing to pay the required fee of the bidding documents, and no other conditions shall be imposed on the sale of the bidding documents. The fee for the bidding documents should be reasonable and consist only of the cost of printing (or photocopying) the documents and their delivery to the purchaser. The bidding documents shall be delivered, at the prospective bidders' preference, either by hand or by mail/courier provided that the bidder is willing to pay the mail/courier delivery charges which should be specified in the Invitation for Bids. Each bidder shall be allowed to purchase only one set of the bidding documents. (vi) Foreign bidders shall not be required, in order to participate in bidding or as a condition of award of the contract or during execution of the contract, to enter into a joint venture with a local bidder, or to subcontract part of their contract to a local bidder. (vii) If there is prequalification, all prequalified bidders shall be invited to bid. (viii) If there is limited bidding because there are only a limited number of bidders who can meet the requirements of the bidding documents, all of these bidders shall be invited to bid. (ix) Bidders shall not be required, as a condition of participation in the bidding, to provide suppliers’ credits. (x) Invitations to bid shall be advertised in at least one widely circulated national newspaper. In addition, the Borrower is encouraged to advertise in the Government Public Procurement Bulletin and on a free and open access website. A minimum of 30 days for the preparation and submission of bids shall be provided, and potential bidders shall be allowed to purchase bidding documents up to 24 hours prior to the deadline for the submission of bids. (xi) The Borrower’s standard bidding documents, acceptable indicators satisfactory to the Association, ~~shall be used. The bidding documents shall provide clear instructions on how bids should be submitted~~the carrying out of the Project and the achievement of the objectives thereof; (b) prepare, ~~how prices should be offered~~under terms of reference satisfactory to the Association, and furnish to the ~~place~~ Association: (i) a report not later than June 30, 2007; and ~~time for submission~~ (ii) another report not later than December 31, 2008, integrating the results of the monitoring and ~~opening~~ evaluation activities performed pursuant to paragraph (a) of ~~bids. Bidders shall be allowed~~ this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of each such report and setting out the measures recommended to ~~submit bids by hand or by mail.~~ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and (~~xii~~c) ~~Qualification criteria shall be clearly specified~~ review with the Association, by September 30, 2007, the report referred to in ~~the bidding documents~~paragraph (b)(i) of this Section, and ~~all criteria so specified~~March 31, ~~and only criteria so specified~~2009, with respect to the report referred to in paragraph (b)(ii) of this Section, or such later date in each case as the Association shall be used to determine whether a bidder is qualified. The evaluation of the bidder’s qualifications should be conducted separately from the technical and commercial evaluation of the bid. When post qualification is appliedrequest, ~~the assessment of bidders' qualifications shall be carried out only after the preliminary and detailed evaluation of bids has been completed by the Purchaser/Employer~~ and, ~~in doing so~~thereafter, take all measures required to ensure the qualifications of the bidder who has submitted the lowest evaluated substantially responsive bid shall be assessed first. In carrying out the post-qualification assessment, the Employer/Purchaser shall exercise reasonable judgment in requesting, in writing, from a bidder only missing factual or historical supporting information related to the bidder's qualifications and shall provide a reasonable time period (that is, a minimum of 7 days) to the bidder to provide his response. (xiii) Evaluation criteria shall be clearly specified in the bidding documents, and evaluation criteria other than price shall be quantified in monetary terms. All evaluation criteria so specified, and only evaluation criteria so specified, shall be taken into account in bid evaluation. Merit points shall not be used in bid evaluation. (xiv) Bids shall be opened in public, immediately after the stipulated deadline for submission of bids. Bidders or their representatives shall be allowed to be present. The name of the bidder and total amount of each bid, including discounts, shall be read aloud and recorded. Immediately after efficient completion of the ~~bid opening proceedings, a copy~~ Project and the achievement of the ~~bid opening record shall be posted at a prominent location~~objectives thereof, ~~accessible to~~ based on the ~~public, outside the office~~ conclusions and recommendations of the ~~concerned procuring entity~~ said report and shall be retained at the same location until the award of contract has been notified. A copy of the bid opening record shall be promptly provided to all bidders who submitted bids. (xv) Bids received after the deadline for bid submission shall be returned to the bidders unopened. (xvi) All bids shall not be rejected or new bids solicited without the Association’s ~~prior concurrence. (xvii) No bidder shall be rejected merely~~ views on the ~~basis of a comparison with the owner’s estimate and budget ceiling without the Association’s prior concurrence~~matter. (xviii) A bid containing material deviations from, or reservations to, the terms, conditions or specifications of the bidding documents shall be rejected as not substantially responsive. A bidder shall not be permitted to withdraw material deviations or reservations once bids have been opened. Bidders shall not be eliminated from detailed evaluation on the basis of non-material, minor deviations or reservations. (xix) Evaluation of bids shall be made in strict adherence to the criteria specified in the bidding documents, and contracts shall be awarded to the qualified bidder offering the lowest evaluated and responsive bid. (xx) A bidder shall not be required, as a condition for award, to undertake obligations not specified in the bidding documents or otherwise to modify the bid as originally submitted. (xxi) There shall be no post-bidding negotiations with the lowest or any other bidder. (xxii) The Borrower shall declare a firm ineligible, either indefinitely or for a stated period, to be awarded a contract financed by the Association and the Government, if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for, or in executing, an Association-financed contract. (xxiii) Bidding documents and contracts under national competitive bidding procedures financed by the Association shall include a provision requiring suppliers and contractors to permit the Association to inspect their accounts and records relating to the bid submission and the performance of the supplier and/or contractor, as the case may be, and to have them audited by auditors appointed by the Association, if so required by the Association. (xxiv) License for foreign contractors operation in Vietnam would be provided in a timely manner and will not be arbitrarily withheld.

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Samples: Development Credit Agreement

Common use of Review by the Association of Procurement Decisions Clause in Contracts