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 works estimated to cost $300,000 equivalent or more; (b) irrespective of the value thereof, the first contract for works for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above; (c) all contracts for services, other than consultants’ services, procured on the basis of National Competitive Bidding procedures for the operation of the water supply systems under Part A.1 of the Project; (d) each contract for goods estimated to cost $100,000 equivalent or more; (e) irrespective of the value thereof, the first contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above; and the first contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.2 of Section II above; (f) all contracts with consulting firms estimated to cost $100,000 equivalent or more, and, irrespective of the value thereof, the first contract for construction supervision in each Participating Province; (g) all contracts with foreign individual consultants irrespective of the value thereof, and all contracts with individual consultants estimated to cost $50,000 equivalent or more; and (h) the terms of reference for all consulting firms and individual consultants, irrespective of the value of the respective contracts. All other contracts shall be subject to Post Review by the Association. The procedures to be followed for National Competitive Bidding under Paragraph 1, Part B, Section II, shall be those set forth in Decree No. 88/1999/ND-CP dated September 1, 1999, of the Government of the Socialist Republic of Vietnam, as amended and supplemented by Decree No. 14/2000/ND-CP dated May 5, 2000 and Decree No. 66/2003/ND-CP dated June 12, 2003 (Decree No. 88/1999/ND-CP, Decree No. 14/2000/ND-CP, and Decree No. 66/2003/ND-CP, together “the Regulations”), modified in accordance with the following provisions to ensure economy, efficiency, transparency and broad consistency with the provision of Section I of the Guidelines and to comply with the provisions of paragraphs 3.3 and 3.4 of the Guidelines: (i) For clarification purposes, it is understood that the last sentence of the amended Paragraph (c), Section 2, Article 2 of Decree 88/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 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 and only the bidders who purchased bidding documents shall be allowed to bid. (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 when established 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, how prices should be offered, and the place and time for submission and opening of bids. Bidders shall be allowed to submit bids by hand or by mail. (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 qualified. Qualifications of a bidder found to meet the specified qualification criteria shall not be taken into account in the evaluation of such bidder’s bid. (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, 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 will be provided in a timely manner and will not be arbitrarily withheld.
Appears in 2 contracts
Samples: Development Credit Agreement, 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) for each contract Project Province and the respective Project City, the first two (2) contracts for works estimated and the first two (2) contracts for goods to cost $300,000 equivalent or morebe procured under National Competitive Bidding procedures, and the first two (2) contracts for goods to be procured under Shopping procedures, in each case regardless of the value thereof;
(b) irrespective of the value thereof, the first contract for works for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above;
(c) all contracts for services, other than consultants’ services, procured on the basis of National Competitive Bidding procedures for the operation of the water supply systems under Part A.1 of the Project;
(d) each contract for goods estimated to cost the equivalent of $100,000 or more and each contract for works and services (other than consultants’ services) estimated to cost the equivalent of $300,000 or more;
(ec) irrespective of the value thereof, the first each contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above; and the first contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.2 of Section II above;
(f) all contracts with consulting firms consultants’ services provided by a firm estimated to cost the equivalent of $100,000 equivalent or more, and, irrespective of the value thereof, the first contract for construction supervision in each Participating Province;
(g) all contracts with foreign individual consultants irrespective of the value thereof, and all contracts with individual consultants estimated to cost $50,000 equivalent or more; and
(hd) each contract for consultants’ services procured under the provisions for Single Source Selection. 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 for all consulting firms and individual consultants, irrespective the terms of employment of the value of consultants shall be subject to prior approval by the respective contractsAssociation. All other contracts shall be subject to Post Review by the Association. The Borrower represents that the procedures to be followed for National Competitive Bidding under Paragraph 1, Part B, Section II, shall be those set forth in Decree No. 88/1999/ND-CP dated September 1, 1999, of the Government of the Socialist Republic of Vietnam, as amended and supplemented modified by Decree No. 14/2000/ND-CP dated May 5, 2000 and Decree No. 66/2003/ND-CP dated June 122003; and, 2003 (Decree No. 88/1999/ND-CP, Decree No. 14/2000/ND-CP, and Decree No. 66/2003/ND-CP, together “the Regulations”), modified in accordance with the following provisions order to ensure economy, efficiency, efficiency and transparency and broad consistency with the provision provisions of Section I of the Guidelines (as required by paragraph 3.3 of the Guidelines), goods and to comply works for which this Schedule 3 allows procurement using National Competitive Bidding shall be procured in accordance with the provisions of paragraphs 3.3 and 3.4 of the Guidelines: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 8888/1999/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, 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 and only the bidders who purchased bidding documents shall be allowed to biddocuments.
(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 when established 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, how prices should be offered, and the place and time for submission and opening of bids. Bidders shall be allowed to submit bids by hand or by mail.
(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 qualified. Qualifications 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 found only missing factual or historical supporting information related to meet the specified qualification criteria shall not be taken into account in the evaluation of such bidder’s bidqualifications 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, 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) License for foreign contractors operation in Vietnam will 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 works estimated to cost the equivalent of $300,000 equivalent 500,000 or more;
; (b) irrespective regardless of the value thereofcost, (i) the first contract for works and the first contract for each Participating Province, each year, to be goods procured in accordance with the provisions of paragraph B.1 of Section II above;
(c) all contracts for services, other than consultants’ services, procured on the basis of under National Competitive Bidding procedures for by each of CPPMB, SPPMB, HCMC PC, PC3 and the operation Project Management Board of the water supply systems National Load Dispatch Center; and (ii) the first contract for goods procured under Part A.1 Shopping, by each of CPPMB, SPPMB, HCMC PC, PC3 and the Project Management Board of the Project;
National Load Dispatch Center; (c) each contract for consultants’ services provided by a firm estimated to cost the equivalent of $100,000 or more; and (d) each contract for goods estimated consultants’ services provided by a firm procured under Single Source Selection. In addition, with respect to cost $100,000 equivalent or more;
(e) irrespective of the value thereof, the first each contract for goods for each Participating Province, each year, to be procured in accordance with the provisions employment of paragraph B.1 of Section II above; and the first contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.2 of Section II above;
(f) all contracts with consulting firms estimated to cost $100,000 equivalent or more, and, irrespective of the value thereof, the first contract for construction supervision in each Participating Province;
(g) all contracts with foreign individual consultants irrespective of the value thereof, and all contracts with individual consultants estimated to cost the equivalent of $50,000 equivalent or more; and
(h) , 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. The terms of reference for all consulting firms and individual consultants’ services, irrespective regardless of the value of the respective contractscontract shall be subject to Prior Review by the Association. All other contracts shall be subject to Post Review by the Association. The Borrower represents that the procedures to be followed for National Competitive Bidding under Paragraph 1, Part B, Section II, shall be those set forth in Decree No. 88/1999/ND-CP dated September 1, 1999, of the Government of the Socialist Republic of Vietnam, as amended and supplemented by Decree No. 14/2000/ND-CP dated May 5, 2000 and Decree No. 66/2003/ND-CP dated June 12, 2003 (Decree No. 88/1999/ND-CP, Decree No. 14/2000/ND-CP, and Decree No. 66/2003/ND-CP, together “the Regulations”); and, modified in accordance with the following provisions order to ensure economy, efficiency, efficiency and transparency and broad consistency with the provision of Section I of the Guidelines (as required by paragraph 3.3 of the Guidelines), goods and to comply works for which this Schedule allows procurement under National Competitive Bidding shall be procured in accordance with the provisions of paragraphs 3.3 and 3.4 of the Guidelines: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/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, 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 and only the bidders who purchased bidding documents shall be allowed to biddocuments.
(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 when established 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, how prices should be offered, and the place and time for submission and opening of bids. Bidders shall be allowed to submit bids by hand or by mail.
(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 qualified. Qualifications 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 bidder’s 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 found only missing factual or historical supporting information related to meet the specified qualification criteria shall not be taken into account in the evaluation of such bidder’s bidqualifications 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) License for foreign contractors operation in Vietnam will would be provided in a timely manner and will not be arbitrarily withheld.
Appears in 1 contract
Samples: Project Agreement
Review by the Association of Procurement Decisions. 1. Except as the Association shall otherwise determine by notice to the BorrowerRecipient, the following contracts shall be subject to Prior Review by the Association:
(a) each contract for works estimated to cost $300,000 equivalent or more;
(b) irrespective in respect of the value thereof, the first contract for works for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above;
(c) all contracts for servicesgoods, works and services (other than consultants’ services): (i) each contract estimated to cost the equivalent of $100,000 or more, and each contract procured on the basis of Direct Contracting; (ii) the first two contracts procured on the basis of National Competitive Bidding procedures for the operation of the water supply systems under Part A.1 of the Project;
(d) each contract for goods estimated to cost $100,000 equivalent or more;
(e) irrespective Bidding, regardless of the value thereof, ; and (iii) the first contract for goods for each Participating Provincetwo contracts procured on the basis of Shopping, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above; and the first contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.2 of Section II above;
(f) all contracts with consulting firms estimated to cost $100,000 equivalent or more, and, irrespective regardless of the value thereof, the first contract for construction supervision in each Participating Province;; and
(gb) all in respect of contracts for consultants’ services: (i) each contract with a firm estimated to cost the equivalent of $100,000 or more; (ii) each contract with individual consultant estimated to cost the equivalent of $50,000 or more; (iii) the contracts with foreign individual consultants irrespective for technical assistance in the areas of harm reduction and monitoring and evaluation, regardless of the value thereof, ; and all contracts with individual consultants estimated to cost $50,000 equivalent or more; and(iv) each contract procured on the basis of Single Source.
(h) the terms of reference for all consulting firms and individual consultants, irrespective of the value of the respective contracts2. All other contracts shall be subject to Post Review by the Association. The Recipient represents that the procedures to be followed for National Competitive Bidding under Paragraph 1, Part B, Section II, shall be those set forth in the Decree No. 88/1999/ND-CP dated September 1, 1999, of the Government of the Socialist Republic of Vietnam, as amended and supplemented modified by Decree No. 14/2000/ND-CP dated May 5, 2000 and Decree No. 66/2003/ND-CP dated June 122003; and, 2003 (Decree No. 88/1999/ND-CP, Decree No. 14/2000/ND-CP, and Decree No. 66/2003/ND-CP, together “the Regulations”), modified in accordance with the following provisions order to ensure economy, efficiency, efficiency and transparency and broad consistency with the provision provisions of Section I of the Guidelines (as required by paragraph 3.3 of the Guidelines), goods and to comply works for which this Schedule allows procurement shall be procured in accordance with the provisions of paragraphs 3.3 and 3.4 of the Guidelines: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 8888/1999/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 Recipient 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, 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 and only the bidders who purchased bidding documents shall be allowed to biddocuments.
(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 Recipient is encouraged to advertise in the Government Public Procurement Bulletin when established 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 BorrowerRecipient’s standard bidding documents, acceptable to the Association, shall be used. The bidding documents shall provide clear instructions on how bids should be submitted, how prices should be offered, and the place and time for submission and opening of bids. Bidders shall be allowed to submit bids by hand or by mail.
(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 qualified. Qualifications 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 found only missing factual or historical supporting information related to meet the specified qualification criteria shall not be taken into account in the evaluation of such bidder’s bidqualifications 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 Recipient 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 will be provided in a timely manner and will not be arbitrarily withheld.
Appears in 1 contract
Samples: Development Grant 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 works estimated in regard to cost $300,000 equivalent or more;
goods and services (b) irrespective of the value thereof, the first contract for works for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above;
(c) all contracts for services, other than consultants’ services), (i) each contract estimated to cost the equivalent of $100,000 or more; (ii) the first contract procured on the basis of National Competitive Bidding procedures for Bidding; and (iii) all contracts procured the operation basis of the water supply systems under Part A.1 of the Project;Direct Contracting; and
(db) in regard to consultants’ services, (i) each contract for goods estimated to cost $100,000 equivalent or more;
(e) irrespective of the value thereof, the first contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above; and the first contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.2 of Section II above;
(f) all contracts with consulting firms estimated to cost the equivalent of $100,000 equivalent or more, and, irrespective of the value thereof, the first ; (ii) each contract for construction supervision in each Participating Province;
(g) all contracts with foreign individual consultants irrespective of the value thereof, and all contracts with individual consultants estimated to cost the equivalent of $50,000 equivalent or more; and
and (hiii) the terms of reference for all consulting firms and individual consultants, irrespective of the value of the respective contractscontracts procured on a sole source basis. All other contracts shall be subject to Post Review by the Association. The Vietnam represents that the procedures to be followed for National Competitive Bidding under Paragraph 1, Part B, Section II, shall be those set forth in Decree No. 88/1999/ND-CP dated September 1, 1999, of the Government of the Socialist Republic of Vietnam, as amended and supplemented by Decree No. 14/2000/ND-CP dated May 5, 2000 and Decree No. 66/2003/ND-CP dated June 12, 2003 (Decree No. 88/1999/ND-CP2003; and, Decree No. 14/2000/ND-CP, and Decree No. 66/2003/ND-CP, together “the Regulations”), modified in accordance with the following provisions order to ensure economy, efficiency, efficiency and transparency and broad consistency with the provision of Section I of the Guidelines (as required by paragraph 3.3 of the Guidelines), goods and to comply works for which this Schedule allows procurement shall be procured in accordance with the provisions of paragraphs 3.3 and 3.4 of the Guidelines: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 8888/1999/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, 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 and only the bidders who purchased bidding documents shall be allowed to biddocuments.
(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 when established and on a free and open access website. A minimum of 30 thirty (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 (24) twenty-four hours prior to the deadline for the submission of bids.
(xi) The Borrower’s standard bidding documents, acceptable to the AssociationXXX, shall be used. The bidding documents shall provide clear instructions on how bids should be submitted, how prices should be offered, and the place and time for submission and opening of bids. Bidders shall be allowed to submit bids by hand or by mail.
(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 qualified. Qualifications 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 found only missing factual or historical supporting information related to meet the specified qualification criteria bidder's qualifications and shall not be taken into account in provide a reasonable time period (that is, a minimum of 7 days) to the evaluation of such bidder’s bidbidder 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 AssociationIDA’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 AssociationIDA’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 Bank 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 Associationa Bank-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 will 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 works estimated to cost the equivalent of $300,000 equivalent 100,000 or more;
; (b) irrespective of the value thereof, the first contract for works for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above;
(c) all contracts for services, other than consultants’ services, procured on the basis of National Competitive Bidding procedures for the operation of the water supply systems under Part A.1 of the Project;
(d) each contract for goods estimated to cost the equivalent of $100,000 equivalent 50,000 or more;
; (ec) irrespective of the value thereof, the first each contract procured under Direct Contracting; and (d) each contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above; and the first contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.2 of Section II above;
(f) all contracts with consulting firms consultants’ services provided by a firm estimated to cost the equivalent of $100,000 equivalent or more, and, irrespective of the value thereof, the first each contract for construction supervision in each Participating Province;
(g) all contracts with foreign individual consultants irrespective of the value thereof, and all contracts with consultants’ services provided by individual consultants estimated to cost the equivalent of $50,000 equivalent or more; and
(h) the terms of reference more and all contracts for all consulting firms and individual consultants, irrespective of the value of the respective contracts’ services procured under Single Source Selection. All other contracts shall be subject to Post Review by the Association. The Borrower represents that the procedures to be followed for National Competitive Bidding under Paragraph 1, Part B, Section II, shall be those set forth in the Decree No. 88/1999/ND-CP dated September 1, 1999, of the Government of the Socialist Republic of Vietnam, as amended and supplemented modified by Decree No. 14/2000/ND-CP dated May 5, 2000 and Decree No. 66/2003/ND-CP dated June 122003; and, 2003 (Decree No. 88/1999/ND-CP, Decree No. 14/2000/ND-CP, and Decree No. 66/2003/ND-CP, together “the Regulations”), modified in accordance with the following provisions order to ensure economy, efficiency, efficiency and transparency and broad consistency with the provision provisions of Section I of the Guidelines (as required by paragraph 3.3 of the Guidelines), goods and to comply works for which this Schedule 3 allows procurement using National Competitive Bidding shall be procured in accordance with the provisions of paragraphs 3.3 and 3.4 of the Guidelines: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 8888/1999/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, 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 and only the bidders who purchased bidding documents shall be allowed to biddocuments.
(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 when established 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, how prices should be offered, and the place and time for submission and opening of bids. Bidders shall be allowed to submit bids by hand or by mail.
(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 qualified. Qualifications 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 found only missing factual or historical supporting information related to meet the specified qualification criteria shall not be taken into account in the evaluation of such bidder’s bidqualifications 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) License for foreign contractors operation in Vietnam will 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 works estimated in regard to cost $300,000 equivalent or more;
goods and services (b) irrespective of the value thereof, the first contract for works for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above;
(c) all contracts for services, other than consultants’ services), (i) each contract estimated to cost the equivalent of $100,000 or more; (ii) the first contract procured on the basis of National Competitive Bidding procedures for Bidding; and (iii) all contracts procured the operation basis of the water supply systems under Part A.1 of the Project;Direct Contracting; and
(db) in regard to consultants’ services, (i) each contract for goods estimated to cost $100,000 equivalent or more;
(e) irrespective of the value thereof, the first contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above; and the first contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.2 of Section II above;
(f) all contracts with consulting firms estimated to cost the equivalent of $100,000 equivalent or more, and, irrespective of the value thereof, the first ; (ii) each contract for construction supervision in each Participating Province;
(g) all contracts with foreign individual consultants irrespective of the value thereof, and all contracts with individual consultants estimated to cost the equivalent of $50,000 equivalent or more; and
and (hiii) all contracts procured on a sole source basis. Vietnam represents that the terms of reference for all consulting firms and individual consultants, irrespective of the value of the respective contracts. All other contracts shall be subject to Post Review by the Association. The procedures to be followed for National Competitive Bidding under Paragraph 1, Part B, Section II, shall be those set forth in Decree No. 88/1999/ND-CP dated September 1, 1999, of the Government of the Socialist Republic of Vietnam, as amended and supplemented by Decree No. 14/2000/ND-CP dated May 5, 2000 and Decree No. 66/2003/ND-CP dated June 12, 2003 (Decree No. 88/1999/ND-CP2003; and, Decree No. 14/2000/ND-CP, and Decree No. 66/2003/ND-CP, together “the Regulations”), modified in accordance with the following provisions order to ensure economy, efficiency, efficiency and transparency and broad consistency with the provision of Section I of the Guidelines (as required by paragraph 3.3 of the Guidelines), goods and to comply works for which this Schedule allows procurement shall be procured in accordance with the provisions of paragraphs 3.3 and 3.4 of the Guidelines: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 8888/1999/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, 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 and only the bidders who purchased bidding documents shall be allowed to biddocuments.
(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 when established and on a free and open access website. A minimum of 30 thirty (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 (24) twenty- four hours prior to the deadline for the submission of bids.
(xi) The Borrower’s standard bidding documents, acceptable to the AssociationXXX, shall be used. The bidding documents shall provide clear instructions on how bids should be submitted, how prices should be offered, and the place and time for submission and opening of bids. Bidders shall be allowed to submit bids by hand or by mail.
(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 qualified. Qualifications 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 found only missing factual or historical supporting information related to meet the specified qualification criteria bidder's qualifications and shall not be taken into account in provide a reasonable time period (that is, a minimum of 7 days) to the evaluation of such bidder’s bidbidder 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 AssociationXXX’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 AssociationXXX’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 Bank 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-a Bank- 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 will 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 works estimated to cost the equivalent of $300,000 equivalent 500,000 or more;
; (b) irrespective regardless of the value thereofcost, (i) the first contract for works and the first contract for each Participating Province, each year, to be goods procured in accordance with the provisions of paragraph B.1 of Section II above;
(c) all contracts for services, other than consultants’ services, procured on the basis of under National Competitive Bidding procedures for by each of CPPMB, SPPMB, HCMC PC, PC3 and the operation Project Management Board of the water supply systems National Load Dispatch Center; and (ii) the first contract for goods procured under Part A.1 Shopping, by each of CPPMB, SPPMB, HCMC PC, PC3 and the Project Management Board of the Project;
National Load Dispatch Center; (c) each contract for consultants’ services provided by a firm estimated to cost the equivalent of $100,000 or more; and (d) each contract for goods estimated consultants’ services provided by a firm procured under Single Source Selection. In addition, with respect to cost $100,000 equivalent or more;
(e) irrespective of the value thereof, the first each contract for goods for each Participating Province, each year, to be procured in accordance with the provisions employment of paragraph B.1 of Section II above; and the first contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.2 of Section II above;
(f) all contracts with consulting firms estimated to cost $100,000 equivalent or more, and, irrespective of the value thereof, the first contract for construction supervision in each Participating Province;
(g) all contracts with foreign individual consultants irrespective of the value thereof, and all contracts with individual consultants estimated to cost the equivalent of $50,000 equivalent or more; and
(h) , 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. The terms of reference for all consulting firms and individual consultants’ services, irrespective regardless of the value of the respective contractscontract shall be subject to Prior Review by the Association. All other contracts shall be subject to Post Review by the Association. The Borrower represents that the procedures to be followed for National Competitive Bidding under Paragraph 1, Part B, Section II, shall be those set forth in Decree No. 88/1999/ND-CP dated September 1, 1999, of the Government of the Socialist Republic of Vietnam, as amended and supplemented by Decree No. 14/2000/ND-CP dated May 5, 2000 and Decree No. 66/2003/ND-CP dated June 12, 2003 (Decree No. 88/1999/ND-CP, Decree No. 14/2000/ND-CP, and Decree No. 66/2003/ND-CP, together “the Regulations”); and, modified in accordance with the following provisions order to ensure economy, efficiency, efficiency and transparency and broad consistency with the provision of Section I of the Guidelines (as required by paragraph 3.3 of the Guidelines), goods and to comply works for which this Schedule allows procurement under National Competitive Bidding shall be procured in accordance with the provisions of paragraphs 3.3 and 3.4 of the Guidelines: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/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, 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 and only the bidders who purchased bidding documents shall be allowed to biddocuments.
(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 when established 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, how prices should be offered, and the place and time for submission and opening of bids. Bidders shall be allowed to submit bids by hand or by mail.
(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 qualified. Qualifications 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 bidder’s 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 found only missing factual or historical supporting information related to meet the specified qualification criteria bidder's qualifications and shall not be taken into account in provide a reasonable time period (that is, a minimum of 7 days) to the evaluation of such bidder’s bidbidder 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) License for foreign contractors operation in Vietnam will would be provided in a timely manner and will not be arbitrarily withheld.
Appears in 1 contract
Samples: Project 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, works estimated to cost $300,000 equivalent or more;
and services (b) irrespective of the value thereof, the first contract for works for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above;
(c) all contracts for services, other than consultants’ services) estimated to cost the equivalent of $100,000 or more, and contracts procured on the basis of National Competitive Bidding procedures for the operation of the water supply systems under Part A.1 of the Project;
Direct Contracting; and (db) each contract for goods consultants’ services provided by a firm estimated to cost the equivalent of $100,000 equivalent or more;
(e) irrespective of the value thereof. In addition, the first with respect to each contract for goods for each Participating Province, each year, to be procured in accordance with the provisions employment of paragraph B.1 of Section II above; and the first contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.2 of Section II above;
(f) all contracts with consulting firms estimated to cost $100,000 equivalent or more, and, irrespective of the value thereof, the first contract for construction supervision in each Participating Province;
(g) all contracts with foreign individual consultants irrespective of the value thereof, and all contracts with individual consultants estimated to cost the equivalent of $50,000 equivalent 100,000 or more; and
(h) , the report on the qualifications and experience of all evaluated candidates, the terms of reference for all consulting firms and individual consultants, irrespective the terms of employment of the value of consultants shall be subject to prior approval by the respective contractsAssociation. All other contracts shall be subject to Post Review by the Association. The procedures to be followed for National Competitive Bidding under Paragraph 1, Part B, Section II, shall be those set forth in Decree No. 88/1999/ND-CP dated September 1, 1999, of the Government of the Socialist Republic of Vietnam, as amended and supplemented by Decree No. 14/2000/ND-CP dated May 5, 2000 and Decree No. 66/2003/ND-CP dated June 12, 2003 (Decree No. 88/1999/ND-CP, Decree No. 14/2000/ND-CP, and Decree No. 66/2003/ND-CP, together “the Regulations”), modified in accordance with the following provisions to ensure economy, efficiency, transparency and broad consistency with the provision of Section I of the Guidelines and to comply with the provisions of paragraphs 3.3 and 3.4 of the Guidelines:
(i) For clarification purposes, it is understood that the last sentence of the amended Paragraph (c), Section 2, Article 2 of Decree 88/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 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 and only the bidders who purchased bidding documents shall be allowed to bid.
(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 pre-qualified 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 when established 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, how prices should be offered, and the place and time for submission and opening of bids. Bidders shall be allowed to submit bids by hand or by mail.
(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 qualified. Qualifications of a bidder found to meet the specified qualification criteria shall not be taken into account in the evaluation of such bidder’s bid.
(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 forfor , 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, 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 will 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) : the first contract procured using National Competitive Bidding and the first contract procured using Shopping procedure; for each of the Project Corridors, the first contract for works in each Work Program regardless of cost; each contract for works estimated to cost $300,000 100,000 equivalent or more;
(b) irrespective of the value thereof, the first contract for works for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above;
(c) all contracts for services, other than consultants’ services, procured on the basis of National Competitive Bidding procedures for the operation of the water supply systems under Part A.1 of the Project;
(d) ; each contract for goods estimated to cost $100,000 equivalent or more;
(e) ; all contracts with consulting firms, irrespective of the value thereofcost, the first contract for goods for each Participating Provinceprocured through Single Source Selection, each year, to be procured in accordance with the provisions of paragraph B.1 of Section II above; and the first contract for goods for each Participating Province, each year, to be procured in accordance with the provisions of paragraph B.2 of Section II above;
(f) all contracts with consulting firms estimated to cost $100,000 equivalent or more, and, irrespective of the value thereof, the first contract for construction supervision in each Participating Province;
(g) all contracts with foreign individual consultants irrespective of the value thereof, ; and all contracts with individual consultants estimated to cost $50,000 equivalent or more; and
(h) the terms of reference for all consulting firms and individual consultants, irrespective of the value of the respective contracts. All other contracts shall be subject to Post Review by the Association. The procedures to be followed for National Competitive Bidding under Paragraph 1, Part B, Section II, shall be those set forth in Decree No. 88/1999/ND-CP dated September 1, 1999, of the Government of the Socialist Republic of Vietnam, as amended and supplemented by Decree No. 14/2000/ND-CP dated May 5, 2000 and Decree No. 66/2003/ND-CP dated June 12, 2003 (Decree No. 88/1999/ND-CP, Decree No. 14/2000/ND-CP, and Decree No. 66/2003/ND-CP, together “the Regulations”), modified in accordance with the following provisions to ensure economy, efficiency, transparency and broad consistency with the provision of Section I of the Guidelines and to comply with the provisions of paragraphs 3.3 and 3.4 of the Guidelines:
(i) For clarification purposes, it is understood that the last sentence of the amended Paragraph (c), Section 2, Article 2 of Decree 88/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 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 and only the bidders who purchased bidding documents shall be allowed to bid.
(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 when established 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, how prices should be offered, and the place and time for submission and opening of bids. Bidders shall be allowed to submit bids by hand or by mail.
(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 qualified. Qualifications of a bidder found to meet the specified qualification criteria shall not be taken into account in the evaluation of such bidder’s bid.
(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, 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 will be provided in a timely manner and will not be arbitrarily withheld.
Appears in 1 contract
Samples: Development Credit Agreement
