Tender Documents
for
Ho Chi Minh City Urban Railway Construction Project
Ben Thanh - Suoi Tien Section (Line 1)

CONTRACT PACKAGE-1B:
CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360)

Volume 1

•

Notice of Invitation to Tender

•

Instructions to Tenderers and Annexures

•

Letter of Tender and Appendices

October 2012

Management Authority for Urban Railways
Ho Chi Minh City People’s Committee

October 2012


Tender Documents

for
Ho Chi Minh City Urban Railway Construction Project
Ben Thanh - Suoi Tien Section (Line 1)

CONTRACT PACKAGE-1B:

CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360)

Composition of Documents

Volume 1
Notice of Invitation to Tender
Instructions to Tenderers and Annexures
Letter of Tender and Appendices
Volume 2
General Conditions of Contract
Particular Conditions of Contract and Schedules
Volume 3
Employer's Requirements - General
Employer's Requirements - Functional
Employer's Requirements - Design
Employer's Requirements - Construction
Employer’s Requirements - Manufacture, Installation and Testing
Employer's Requirements - Particular Requirements
Employer's Requirements - Appendices
Volume 4
Outline Design Specifications and Appendices
Volume 5
Outline Construction Specifications
Volume 6

Employer’s Drawings

October 2012


Tender Documents
for
Ho Chi Minh City Urban Railway Construction Project
Ben Thanh - Suoi Tien Section (Line 1)

CONTRAC PACKAGE-1B:

CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360)

NOTICE OF INVITATION TO TENDER

October 2012


Ho Chi Minh City Urban Railway Construction Project
Notice of Invitation to Tender
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

HO CHI MINH CITY PEOPLE’S COMMITTEE
MANAGEMENT AUTHORITY FOR URBAN RAILWAYS
Add: 29 Le Quy Don Street, Ward 7, District 3
Ho Chi Minh City, Viet Nam
Tel: (84-8) 839 309 496; Fax: (84-8) 839 309 497
BEN THANH - SUOI TIEN SECTION (LINE 1)

CONTRACT PACKAGE-1B:

CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360)

NOTICE OF INVITATION TO TENDER
th

Date: September 20 , 2012
Loan No. VNXIV-3
And Loan No. VN11-P7
CONTRACT PACKAGE-1B

1.

The Government of the Socialist Republic of Viet Nam has received an ODA Loan from the
JAPAN BANK FOR INTERNATIONAL COOPERATION (the BANK), currently reorganized as the
JAPAN INTERNATIONAL COOPERATION AGENCY (JICA), towards the cost of the Ho Chi
Minh City Urban Railway Construction Project, Ben Thanh – Suoi Tien Section (Line 1) (the
nd

Project), under the Loan Agreement No. VNXIV-3 dated March 30, 2007 and the 2 Loan
Agreement No. VN11-P7 dated March 30, 2012, and intends to apply the proceeds of the loan to
payments under the Contract for which this Notice of Invitation to Tender is issued.
Disbursement of the ODA Loan by JICA will be subject in all respects to the terms and conditions
of the Loan Agreement, including the disbursement procedures and the “Guidelines for
Procurement under JICA ODA Loans”. No party other than the Government of the Socialist
Republic of Viet Nam shall derive any rights from the Loan Agreement or have any right to the
loan proceeds.
2.


JICA requires that bidders and contractors, as well as Borrowers, under contracts funded with
ODA Loans of JICA and other Japanese ODA, observe the highest standard of ethics during the
procurement and execution of such contracts. In pursuance of this policy, JICA;
(a) will reject a proposal for award if it determines that the bidder recommended for award has
engaged in corrupt or fraudulent practices in competing for the contract in question;
(b) will recognize a Contractor as ineligible, for a period determined by JICA, to be awarded a
contract funded with ODA Loans of JICA if it at any times determines that the Contractor has
engaged in corrupt or fraudulent practices in competing for, or in executing, another contract
NIT 1/ 3

October 2012


Ho Chi Minh City Urban Railway Construction Project
Notice of Invitation to Tender
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

funded with ODA Loans of JICA or other Japanese ODA.
3.

The Management Authority for Urban Railways (MAUR, the Employer) under the Ho Chi Minh
City’s People Committee invites sealed tenders from the previously prequalified tenderers whose
names have been published on the Procurement Newspaper issue No. 97 on May 17, 2011, and
any other eligible tenderers for the construction and completion of the following works for
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360):
All civil and structural works for the underground section under a “Design and Build” contract
including 2 stations (Opera House and Ba Son Stations) and 1.745 km of bored and cut & cover
tunnels, station architectural works and building services works.
It is to be noted that the above section had initially been planned to be a part of Contract

Package 1 covering 3 stations including the Ben Thanh Station, but as latterly it was decided to
construct this station as a central station to accommodate also other lines at a later stage, the
scope of Contract Package 1b was reduced to cover only the work components mentioned above
for earlier implementation.
To be eligible, the tenderer shall be a national of Japan if tendering as a prime contractor or, in
the case of a joint venture or consortium, the lead partner shall be a national of Japan and the
other partners shall be nationals of Japan or of the Socialist Republic of Viet Nam.

4.

Complete sets of Tender Documents for Contract Package-1b will be made available to
interested eligible tenderers if they submit a written application to the following address:
Mr. Tatsuya Masuzawa, Project Director (Management)
Office of General Consultant
35/11 D5 Street
Ward 25, Binh Thanh District
Ho Chi Minh City, Vietnam
Tel.: (84.8) 3510 6428
Fax: (84.8) 3510 6726
E-mail:

5.

The requested Tender Documents will be made available to tenderers at the above-mentioned
address between 8:30hr and 15:00hr from October 1st, 2012 to March 1st, 2013 upon
presentation of the receipt issued by MAUR for a non-refundable fee of US$1,500 per copy,
which shall be paid in cash at any time to the following address:
Finance and Accounting Department of MAUR
29 Le Quy Don Street, Ward 7, District 3
Ho Chi Minh City

Attn: Mr. Thinh or Mr. Thanh
Tel.: (84.8) 3930 9496
Fax: (84.8) 3930 9497

6.

Tenders shall be submitted to the Project Director (Management), General Consultant at the
address indicated in paragraph 4 above not later than 14:00 hr on March 1st, 2013 against a
receipt of submission.
st

Tenders will be opened publicly at 14:05hr on March 1 , 2013 in the office of the General
Consultant, regardless of the presence or absence of any invited tenderer.
NIT 2/ 3

October 2012


Ho Chi Minh City Urban Railway Construction Project
Notice of Invitation to Tender
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

Please note carefully the requirements for submitting tenders, and the date and time for
submittal. Late or delayed tenders will not be accepted.
7.

Tenders shall be valid for a period of 270 days from the closing date of submission of tenders,
and shall be accompanied by a Tender Guarantee in the form of a certified cheque, letter of
credit, or a bank guarantee from a Japanese or Vietnamese bank of the Tenderer’s choice for an

amount of Three Hundred Million (300,000,000) Japanese Yen as described in paragraph C20 of
the Instructions to Tenderers. Bond issued by a reputable bonding, insurance or surety company
as a form of Tender Guarantee is also acceptable.

8.

The tender evaluation will include a postqualification process in which the Tender which is ranked
first lowest evaluated tender will be subject to a postqualification to confirm the Tenderer’s
compliance with the minimum qualification requirements specified in the Tender Documents.
Only the Tenderer who passes the postqualification will be recommended as the successful
Tenderer.
Postqualification of the previously prequalified Tenderers will be based only on their updated
information required in Sub-Clause A3.8 of Instructions to Tenderers. Postqualification of the new
Tenderers will be based on all the Qualification Forms submitted by them as required in SubClause C2.1 of Instructions to Tenderers.

9.

You are kindly requested to acknowledge receipt of this Notice of Invitation to Tender by e-mail
or fax to the address indicated in paragraph 4 above.

On behalf of Management Authority for Urban Railways,
Tender Solicitor

Tatsuya Masuzawa
Project Director (Management)
NJPT Association, General Consultant

NIT 3/ 3

October 2012



Ho Chi Minh City Urban Railway Construction Project
Ben Thanh - Suoi Tien Section (Line 1)

CONTACT PACKAGE-1B:

CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360)

INSTRUCTIONS TO TENDERERS

October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

Ho Chi Minh City Urban Railway Construction Project
Ben Thanh - Suoi Tien Section (Line 1)
CONTRACT PACKAGE-1B:

CIVIL (UNDERGROUND SECTION FROM KM 0+615 TO KM 2+360)
INSTRUCTIONS TO TENDERERS

TABLE OF CONTENTS

A.


B.

C.

Clause

Page

General

4

A1.

General Description of the Work

4

A2.

Source of Funds

4

A.3

Qualification of the Tenderer

4


A4

Conflict of Interest

8

A5

One Tender per Tenderer

8

A6

Cost of Tendering

8

A7

Site Visits

8

Tender Documents

9

B1


Contents of Tender Documents

9

B2

Contents of Supporting Documents

9

B3

Clarification of Tender Documents

10

B4.

Amendment to Tender Documents

11

Preparation of Tenders

11

C1

11


Language

C2. Documents Comprising the Tender

11

C3

Letter of Tender

13

C4

Outline Quality Plan

14

C5

Outline Safety Plan

14

C6

Outline Environmental Plan

14


C7

Tenderer's Technical Proposals

14

C8. Designer

15

C9. Tender Programme and Proposed Design Submission Programme

15

C10 Manufacture, Installation and Construction Methods

16

C11. Milestones Payment Schedule

16

ITT 1/28

October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)

Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

D.

E.

F.

C12. Works Area Access Dates and Key Dates

16

C13. Staffing Schedule and Related Details

16

C14. Proposed Approach to Maintenance Service

16

C15. Tenderer's Equipment and Plant

17

C16. Proposals for Use and Reinstatement of Work Areas

17

C17. Pricing Document


17

C18. Currencies of Tender and Payment

17

C19. Tender Validity

18

C20. Tender Guarantee

18

C21. Guarantees and Warranties

19

C22. Labour

20

C23. Rates for Labour, Plant and Machinery

20

C24. Insurance

20


C25. Tender Index

20

C26. Tenderer’s Alternatives

20

C27 Pre-Tender Meeting

21

C28 Format and Signing of Tender

21

Submission of Tenders

22

D1

Sealing and Marking of Tender

22

D2

Deadline for Submission of Tenders


22

D3

Late or Delayed Tenders

23

D4

Modification, Substitution and Withdrawal of Tenders

23

Tender Opening and Evaluation

23

E1

Tender Opening

23

E2.

Confidentiality of Tender Information and Copyright

24


E3

Clarification of Tenders

24

E4

Examination of Tenders and Determination of Responsiveness

25

E5

Examination of Tenders and Correction of Errors and Differences

25

E6

Evaluation of Tenders

25

Award of Contract

26

F1


Award Conditions

26

F2

Notification of Tender Winning and Contract Negotiation

27

F3

Notification of Contract Award and Signing of Contract Agreement

27

F4

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

28

F5

Performance Guarantee and Warranties

28

ITT 2/28


October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

ANNEXURES

Annexure 1

Requirements for Tenderer’s Technical Proposals

Ann1/1

Annexure 2

Requirements for Tender Programme

Ann2/1

Annexure 3

Form of Tender Guarantee

Ann3/1

Annexure 4


Letter of Copyright

Ann4/1

Annexure 5

Tender Evaluation Procedure and Criteria

Ann5/1

Annexure 6

Form of Joint Venture/Consortium Agreement

Ann7/1

Annexure 7

Schedule of Tenderer’s Equipment

Ann8/1

Annexure 8

Subcontractors

Ann9/1

Annexure 9


Schedule of Tendering Stage

Ann10/1

Annexure 10

Power of Attorney

Ann11/1

Annexure 11

Curriculum Vitae of Key Personnel

Ann12/1

Annexure 12

Qualification Forms

Ann 13/1

ITT 3/28

October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)

Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

INSTRUCTIONS TO TENDERERS

A.

General

A1.

General Description of the Work
The work comprises the design, construction, equipping, testing, commissioning (including
Integrated Testing and Commissioning) for the Underground section from the south-west
interfacing point between the future Ben Thanh Station and Opera House Station (inclusive)
at Chainage Km 0+615 to the north-east of Ba Son Station (inclusive) at Chainage Km 2+360
near the south bank of Thi Nghe Canal. This is the interfacing point for the southern end of
the Elevated section under Contract Package 2.
The period for completion of the whole work shall not exceed 54 months (equivalent to 235
weeks), then shall be followed by the two (2)-year Maintenance Period.
The Scope of Work for this Contract is further described in the Employer’s Requirements.

A2.

Source of Funds

A2.1

The Government of the Socialist Republic of Viet Nam has received an ODA Loan from the
JAPAN BANK FOR INTERNATIONAL COOPERATION (the BANK), currently reorganized as
the JAPAN INTERNATIONAL COOPERATION AGENCY (JICA), towards the cost of the Ho

Chi Minh City Urban Railway Construction Project, Ben Thanh - Suoi Tien Section (Line 1)
nd

(the Project”), under the Loan Agreement No. VNXIV-3 dated March 30, 2007, and the 2
Loan Agreement No.VN11-P7 dated March 30, 2012, and intends to apply the proceeds of
the loan to payments under this Contract. Disbursement of the ODA Loan by JICA will be
subject in all respects to the terms and conditions of the Loan Agreement, including the
disbursement procedures and the "Guidelines for Procurement under JICA ODA Loans”. No
party other than the Government of the Socialist Republic of Viet Nam shall derive any rights
from the Loan Agreement or have any right to the loan proceeds.
A2.2

JICA requires that bidders and contractors, as well as Borrowers, under contracts funded with
ODA Loans of JICA and other Japanese ODA, observe the highest standard of ethics during
the procurement and execution of such contracts. In pursuance of this policy, JICA;
(a) will reject a proposal for award if it determines that the bidder recommended for award
has engaged in corrupt or fraudulent practices in competing for the contract in question;
(b) will recognize a Contractor as ineligible, for a period determined by JICA, to be awarded
a contract funded with ODA Loans of JICA if it at any times determines that the
Contractor has engaged in corrupt or fraudulent practices in competing for, or in
executing, another contract funded with ODA Loans of JICA or other Japanese ODA.

A2.3

“Special Terms for Economic Partnership” (STEP) and other special conditions are applicable
to the Loan.

A.3

Qualification of the Tenderer

The Qualification Criteria and Requirements for contract award as stated in Sub-Clauses A3.1
to A3.7 below are applicable to the new Tenderers.

ITT 4/28

October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

With regard to the previously prequalified Tenderers, since they were evaluated as satisfying
all the Qualification Criteria and Requirements at the prequalification stage, they shall only
submit the updated information and supporting documents as required in Sub-Clause A3.8 to
demonstrate that they are actually still meeting such criteria and requirements.
A3.1

Eligibility of Tenderers
In accordance with the STEP procurement conditions applied for this Contract, tender is open
only to firms and voluntarily formed joint ventures or consortia who satisfy the following
conditions:
(a) The Tenderer as a prime contractor shall be a national of Japan.
(b) In the case the Tenderer is a joint venture or consortium, the lead partner shall be a
national of Japan and the other partners shall be nationals of Japan or of the Socialist
Republic of Viet Nam.
(c) For goods and services,
(i)


the prime contractor or, in case of a joint venture, the lead partner and other
partners regarded as the Japanese partners shall be nationals of Japan or juridical
persons incorporated and registered in Japan, and which have their appropriate
facilities for producing or providing the goods and services in Japan and actually
conduct their business there; and

(ii)

in case of a joint venture or consortium, the partners except Japanese partners shall
be nationals of the Socialist Republic of Viet Nam or juridical persons incorporated
and registered in Japan or the Socialist Republic of Viet Nam, and who have their
appropriate facilities for producing or providing the goods and services in Japan or
the Socialist Republic of Viet Nam and actually conduct their business there.

A3.2

Eligibility of Source Countries for Materials, Plant, Supplies, Equipment, and Services
Under the STEP Loan provisions for the Project, not less than twenty one per cent (21%) of
the total cost of goods and services shall be procured from Japanese firms and
manufacturers located in Japan or the firms and manufactures invested by Japanese firms as
specified in Clause 7.1 of the Particular Conditions of Contract.
At the Employer’s request, tenderers may be required to provide evidence of the origin of
equipment, goods and services.
Tenderers shall confirm their compliance with the eligibility of equipment, goods and services
to be employed for the Works, using the Appendix 10 in the Letter of Tender.

A3.3

Historical Contract Non-Performance
(a) The Tenderer shall provide all information on settled disputes or litigation in the last five

(5) years, and shall not be in the case of Non-Performance of a contract within the last
two (2) years; and
(b) The Tenderer’s all pending litigation shall not in total represent more than 80% of his net
worth.

A3.4

Financial Situation

ITT 5/28

October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

(a) The Tenderer shall submit Audited Financial Statements for the last five (5) years (20072011) to demonstrate the current soundness of the Tenderer’s financial position and his
prospective long term profitability. However, Vietnamese tenderers may submit the
financial statements either audited or certified by tax authorities or competent financial
authorities for any five (5) years during the period from 2004 to 2011. Where necessary,
the Employer will make inquiries with the Tenderer’s bankers.
As the minimum requirement, the Tenderer’s net worth calculated as the difference
between total assets and total liabilities shall be positive.
(b) The Tenderer’s minimum average annual construction turnover shall be US$80 million
equivalent, calculated as total certified payments received for contracts in progress or
completed within the last five (5) years (2007 – 2011).


A3.5

Experience: The Tenderer shall meet the following criteria:
(a) General Construction Experience: The Tenderer shall have experience under
construction contracts in the role of contractor, management contractor, or subcontractor,
for at least the last five (5) years with activity in at least nine (9) months in each year;
(b) Specific Experience: The Tenderer shall have experience exclusively in the role of prime
contractor, in at least the following number of projects within the last ten (10) years, that
have been successfully and substantially completed and that are similar to the proposed
Works (the similarity shall be based on the physical size, complexity,
methods/technology or other characteristics as described in ITT Sub-Clause A1):
1)

At least three (3) projects for tunneling works
Each project shall include the construction of bored tunnels by shield TBM in soft
ground with a total tunnel length of more than 2 km.
i)

2)

At least one project shall include railway tunneling works outside Japan, in Asia.

At least three (3) projects for underground works
Each project shall include the construction of underground railway stations by the
cut and cover method.
i) At least one (1) project shall be completed outside Japan, in Asia.

3)
A3.6


At least one (1) railway project under “EPC/Design and Build” contract.

Personnel Capability: The Tenderer must have suitably qualified personnel to fill the
following positions. In Form 5 of Annexure 12, the Tenderer shall supply information on a
prime candidate and an alternative candidate for each position; both the nominated people
shall meet the experience requirements specified below:

Position
Project Manager (PM)
Deputy Project Manager
(DPM)
Tunnel Construction Manager

Total Experience
(years)

In Similar Works
(years)

20

12

As Manager of
Similar Works
(years)
7

15


10

5

15

10

5

ITT 6/28

October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

Cut and Cover Construction
Manager
Design Manager
Safety Manager

15

10

5


15
15

10
10

5
5

A3.7

Joint Ventures or Consortia

(a)

Joint ventures or consortia shall comply with the following minimum qualification
requirements:
i)

The lead partner shall meet:
-

not less than 40 percent (40%) of all the qualifying criteria given in Sub-clauses
A3.4(b) above; and

-

the whole criteria 1) -i) and 3) of Sub-clause A3.5(b) as a prime contractor.


ii)

Each of the other partners shall meet individually not less than twenty five percent (25%)
of all the qualifying criteria given in sub-clauses A3.4(b) above.

iii)

The joint venture shall satisfy collectively the criteria of sub-clauses A3.4, A3.5(b) and
A3.6, for which purpose the relevant figures for each of the partners shall be added
together to arrive at the joint venture's total capacity. Each partner shall individually
satisfy all the requirements of sub-clauses A3.3 and A3.4(a) above.

(b)

Tenderers shall submit a written power of attorney authorising the signatories of the Tender
to commit each partner of the joint venture or consortium.

(c)

Any tender shall be signed so as to legally bind all partners, jointly and severally, and any
tender shall be submitted with a copy of the joint venture agreement, as provided in
Annexure 6 providing the joint and several liabilities with respect to the contract.

A3.8

The previously prequalified Tenderers shall update any information submitted with their
application for prequalification which has changed, and update the minimum information
indicated below for the last five (5) years, establishing that they are still meeting the minimum
threshold criteria mentioned in Sub-Clauses A3.1 to A3.6 above:
(a) Historical contract non-performance (Form CON-2 in Annexure 12)

(b) Financial situation (Form FIN-3.1 in Annexure 12)
(c) Average annual construction; turnover (Form FIN-3.2 in Annexure 12)
(d) Current contract commitments/Works in progress (Form EXP – 4.2.(d) in Annexure 12)

A3.9

The previously prequalified tenderers as single tenderers, as well as new interested tenderers
are allowed to tender as a joint venture or consortium composed of two or more partners,
provided that all partners are eligible in accordance with the STEP Loan conditions stipulated
in Sub-Clause A3.1

A3.10 The Tenderer shall submit with his Tender full details of his ownership and control or, if the
Tenderer is a joint venture or consortium, full details of ownership and control of each partner
thereof.
A3.11 Canvassing or offer of an advantage or any other inducement by any person with a view to
influencing acceptance of a Tender is an offence under the laws of Viet Nam. Such action will
result in the rejection of the Tender, in addition to other punitive measures.

ITT 7/28

October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

A4


Conflict of Interest
The Tenderer (including all partners of a joint venture or consortium) shall not be one of the
following:
i)

A firm or an organization which has been engaged by the Employer to provide
consulting services for preparation related to procurement for or implementation of this
project;

ii)

Any associates/affiliates (inclusive of the parent firm) of a firm or an organization
mentioned in subparagraph (i) above; or

iii)

A firm or an organization that lends, or temporarily seconds its personnel to firms or
organizations which are engaged in consulting services for preparation related to
procurement for or implementation of the project, if the personnel would be involved in
any capacity of the same project

A5

One Tender per Tenderer
Each Tenderer shall submit only one tender either by himself, or as a partner in a joint
venture, or as a member of a consortium. If a Tenderer submits, or if any one of the partners
in a joint venture or any one of the members of consortium participates, in more than one
Tender, he will be disqualified.
No firm can be a subcontractor while submitting a tender individually or as a partner of joint
venture in the same tendering process. A firm, if acting in the capacity of subcontractor in any

tender, may participate in more than one tender, but only in that capacity.

A6

Cost of Tendering
The Tenderer shall bear all costs associated with the tendering process from the date of
receipt of the Tender Documents to the date of Notification of Tender Results, or to the date
of signing of the Contract Agreement in the case of the successful Tenderer. The Employer
will in no case be responsible or liable for those costs, regardless of the conduct or outcome
of the tender process.

A7

Site Visits

A7.1

The Tenderer is advised to visit and examine the Site of Works and its surroundings and
obtain for himself on his own responsibility all information that may be necessary for preparing
the Tender and entering into a contract for the proposed work. The costs of visiting the Site
shall be borne by the Tenderer. It shall be deemed that the Tenderer has undertaken a visit
to the Site and is aware of the site conditions prior to the submission of the tender documents.

A7.2

The Tenderer and any of his personnel will be granted permission by the Employer to enter
upon his premises and lands for the purpose of such inspection, but only upon the express
condition that the Tenderer, and his personnel, will release and indemnify the Employer and
his personnel from and against all liability in respect thereof and will be responsible for death
or personal injury, loss of or damage to property and any other loss, damage, costs and

expenses incurred as a result of the inspection.

A7.3

The Employer may arrange a Site visit concurrently with the Pre-Tender meeting referred to in
paragraph C27.

A7.4

The Tenderer shall note that in preparing his tender he shall allow for the requirements of
Decree No. 209/2004/ND-CP of December 16, 2004 on Quality Management of Construction

ITT 8/28

October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

Works and also Decree No. 112/2009/ND-CP of December 14, 2009 on Management of Work
Construction Investment Expenditures, and all latest regulations.
A7.5

The Tenderer shall note the Conditions of Contract Sub-Clause 4.11 in which it is deemed
that the Tenderer has taken into account in preparing his Tender all the factors that may affect
his Contract Price.


B.

Tender Documents

B1

Contents of Tender Documents

B1.1

The Tender Invitation Documents, as listed below, have been prepared for the purpose of
inviting tenders for design, procurement and construction of all Permanent and Temporary
Works in connection with Contract Package-1b of Ben Thanh – Suoi Tien Section (Line 1) of
the Ho Chi Minh City Urban Railway, and as more particularly described in these documents:

B1.2

(a)

Notice of Invitation to Tender;

(b)

Instructions to Tenderers and Annexures;

(c)

Letter of Tender, Attachments and Appendices;

(d)


General Conditions of Contract;

(e)

Particular Conditions of Contract;

(f)

Schedules to the Conditions of Contract;

(g)

Employer's Requirements and Appendices;

(h)

Outline Design Specifications and Appendices;

(i)

Outline Construction Specifications;

(j)

Employer’s Drawings; and

(k)

One CD (Read Only) copy of the documents listed in Clause B2.1 below.


The Tenderer is required to examine carefully the contents of all the above documents.
Failure to comply with the requirements for tender submittal will be at the Tenderer’s own risk.
Tenders that are not substantially responsive to the requirements of the Tender Documents
will be rejected.

B1.3

The Tenderer shall not make or cause to be made any alteration, erasure or obliteration to the
text of the Tender Documents. The forms of Cost Centres provided in the Pricing Documents
are outline forms and they can be modified by the Tenderer.

B2

Contents of Supporting Documents

B2.1

The following documents giving investigation information are available for inspection by
appointment at the General Consultant’s Office. Tenderers shall sign an attendance register
at the time of each inspection. A “read only” soft copy (CD) is included in the Tender
Documents. Inspection of bore logs, earth or rock samples etc may only be made by prior
appointment through Mr Taro Takasaki, NJPT’s Project Office Tel. 84.8-3510-6428. Samples
may not be removed from their location.
The contents of these surveys are for general information only and any interpretation of the
site investigation results shall be construed as opinions only and not as representations or
warranties as to the actual site or sub-soil conditions. The Tenderer’s attention is specifically
drawn to paragraph B2.3 below.

ITT 9/28


October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

The following documents are available for inspection.

B2.2

(i)

Utility Investigation Survey;

(ii)

Transportation Survey;

(iii)

Hydrological Survey;

(iv)

Social and Environmental Survey;

(v)


Building Surveys;

(vi)

Line 1 Geotechnical Survey, and

(vii)

Topographic Survey

The Tenderer shall note the existence of overground, at grade and underground structures,
utilities and infrastructure in the near vicinity of the Works to be constructed.

B2.3

The accuracy or reliability of the documents and surveys referred to in this Clause B2 and of
any other information supplied, prepared or commissioned at any time by the Employer or
others in connection with the Contract Package for Line 1 is not warranted. The Tenderer's
attention is drawn to Conditions of Contract - Sub-clause 4.10 in this regard. The Tenderer
should visit, examine and assess the Site including working conditions and will be deemed to
have satisfied himself of the risks and obligations under the Contract.
If the Tenderers consider necessary to carry out additional soil investigations during the
Tender Period, the Tenderers may do so at his own cost with an undertaking to make good
affected areas to match existing conditions. Any relevant permits required for the additional
soil investigation shall be obtained by the Tenderers with support from the Employer.

B2.4

Upon the approval of the Employer the Right-of-Way shall be available to the Contractor to

use as a working site, but shall be provided with secure boundary fences and operated as
part of the Traffic Management Plan established by the Contractor under the Contract and as
agreed by the relevant authorities, all as described in the Employer’s Requirements.

B3

Clarification of Tender Documents

B3.1

The Tenderer shall check the pages of all documents against page numbers given in indexes
and summaries and, in the event of discovery of any discrepancy, the Tenderer shall inform
the General Consultant forthwith by the letter in two languages (English and Vietnamese) with
copy to the Project Management Unit No.1/MAUR.

B3.2

Should the Tenderer for any reason whatsoever, be in doubt about the meaning of anything
contained in the Invitation to Tender, Tender Documents or the extent of detail in the
Employer's Requirements, Outline Design Specifications, Outline Construction Specifications
and Employer’s Drawings, the Tenderer shall seek clarification from the General Consultant,
not later than eight (8) weeks before submitting his Tender. Any such clarification, together
with all details on which clarification had been sought, will be copied to all Tenderers. All
communications between the Tenderer and the General Consultant shall be conducted in
writing in two languages (English and Vietnamese) with copy to the Project Management Unit
No.1/MAUR.
The General Consultant will respond to any request for clarification questions by issuing an
answer not later than four (4) weeks prior to the deadline for submission of tenders. The
General Consultant’s response will include a description of the inquiry but without identifying


ITT 10/28

October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

its source.
B3.3

Except for any such written clarification by the General Consultant which is expressly stated
to be by way of an addendum to the documents referred to in paragraphs B1.1(a) to (j) above
and/or for any other document issued by the Employer which is similarly described, no written
or verbal communication, representation or explanation by any employee of the Employer or
the General Consultant shall be taken to bind or fetter the Employer or the General
Consultant under the Contract.

B4.

Amendment to Tender Documents
Tenderers are advised that further Instructions to Tenderers and addenda to the Tender
Documents may be issued during the tender period. Without prejudice to the general order of
precedence prescribed by Clause 1.5 of the Conditions of Contract, the provisions in any
such addenda shall take priority over the Invitation to Tender and Tender Documents
previously issued. Tenderers shall confirm receipt of such documents and list them in the
Tender Submittal.
To afford prospective tenderers reasonable time in which to take an Addendum into account

in preparing their tenders, the Employer may extend the deadline for submission of tenders.

C.

Preparation of Tenders

C1

Language
Tenders and all accompanying documents shall be in English. The following documents are
encouraged to be translated into Vietnamese.
1.
2.
3.
4.
5.

Outline Quality Plan : ITT Clause C 2.2 (d)
Outline Safety Plan : ITT Clause C 2.2 (e)
Tenderer’s Technical Proposal : ITT Clause C 2.2 (g)
Proposed Construction Method Statement : ITT Clause C 2.3 (c)
Pricing Documents listed in ITT Clause C2.2 (c)

Documents item 5 shall be included in the Financial Package as “Original” and five copies
only.
During the tender evaluation, the Tenderers may be required to provide Vietnamese
translations of all information and documentations necessary for appraisal of the tender
results, if so requested by the appraisal authority.
All the Vietnamese translations shall be for reference only and English shall be the governing
language in the interpretation of the documents comprising the Tender.


C2.

Documents Comprising the Tender

C2.1

The Tenderer shall, on or before the date given in the Notice of Invitation to Tender, submit
his Tender in one submittal clearly marked with the name of the Tenderer and with:
”Contract Package-1b (Underground Section from KM 0+615 to KM 2+360): Technical
Package";
”Contract Package-1b (Underground Section from KM 0+615 to KM 2+360): Financial
Package ",
”Contract Package-1b (Underground Section from KM 0+615 to KM 2+360): Qualification
Information ", and

ITT 11/28

October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

any “Alternative” package, if any, as described in Clause C27 herein.
These shall be addressed to The Chairman, Management Authority for Urban Railways and
submitted to the Office of the General Consultant at the address given in the Tender
Documents. The Tenderer shall ensure that a receipt is obtained for the submission of his

Tender, such receipt being issued free of charge by the General Consultant.
The Technical Package of this submission shall contain the documents referred to in
paragraphs C2.2(a); (b); (d); (e); (f); (g), (h); (i); (j); (k); (l) (m) and (n) below and C2.3(a); (b);
(c); (d); (e); (f); (g); (h); (i); (j); and (l).
The Financial Package shall contain the documents referred to in paragraphs C2.2(a); (b); (c),
(l) and (o) below.
In the case of new Tenderers, the Qualification Information shall contain all the Qualification
Forms provided in Annexure 12, duly filled in as instructed therein.
In the case of previously prequalified Tenderers, the Qualification Information shall contain
the updated information and documents specified in Sub-Clause A3.8.
In submission of the Tender (Technical Package, Financial Package and Qualification
Information), The Tenderer shall assign person(s) in writing to submit the Tender
accompanied by the original of the Tender Guarantee which shall be submitted in a separate
envelope by the Tenderer.
Package of the Tender.

Copies of the Tender Guarantee shall be included in each

Should any further documents be required pursuant to paragraph C2.3 (k) below, the
Tenderer will be instructed by the Employer which Package of the Tenderer’s submission is to
contain such documents.
C2.2

The Tenderer shall submit as his Tender the following documents, duly completed which in
the event of acceptance of the Tender, shall form part of the Contract:
(a)

Letter of Tender with:
-


Attachment 1:

Acknowledgement of Compliance with Code of Ethics and
Conduct for Public Procurements

-

Attachment 2:

Tender Total

(b)

Appendix 1 to the Letter of Tender; Contract Conditions;

(c)

Appendix 2 to the Letter of Tender: completed Pricing Document including the Tender
Total, Schedule of Amounts Apportioned to Cost Centres, Monthly Cash Flows for the
Contract etc. (see paragraph C11, C17 and C24 below);

(d)

Appendix 3 to the Letter of Tender: Outline Quality Plan (see paragraph C4 below);

(e)

Appendix 4 to the Letter of Tender: Outline Safety Plan (see paragraph C5 below).

(f)


Appendix 5 to the Letter of Tender: Outline Environmental Plan (see paragraph C6
below)

(g)

Appendix 6 to the Letter of Tender: Tenderer's Technical Proposals (see paragraph
C7 and C14 below);

(h)

Appendix 7 to the Letter of Tender: Evidence of Professional Indemnity Insurance;

(i)

Appendix 8 to the Letter of Tender: The Structure of the Tenderer;

ITT 12/28

October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

(j)

Appendix 9 to the Letter of Tender: Staffing Schedules and Organisation Chart;


(k)

Appendix 10 to the Letter of Tender: List of STEP items with quantities and amount
as specified in Clause 7.1 of the Conditions of Contract;

(l)

Appendix 11 to the Letter of Tender: Tender Index (See paragraph C26 below);

(m)

Undertaking on copyright (see paragraph E2)

(n)

Two softcopies (CDs) of Technical package, one to be in “native” MS Office format,
and the other to be “Read Only” in pdf format

(o)

Two softcopies (CDs) of Financial package separately recorded in CD with two
different formats, “native” MS Office format and “Read Only” pdf format.

In addition to the above, the Tenderer shall submit separately the Qualification Information
according to the instruction in paragraph C2.1 specifically for the new Tenderers and the
previously prequalified Tenderers.
C2.3

The Tenderer shall submit with his Tender the documents that are identified in paragraphs

C2.3 (a) – C2.3 (l) below. Such documents will be used for the purposes of evaluating and
analysing the Tender but will not form part of the Contract unless the same shall have been
expressly incorporated into the Contract in accordance with paragraph B4 above.

C2.4

(a)

Full details of ownership and control of the Tenderer (see paragraph A3.10);

(b)

Separate Tender Programme and proposed Design Submission Programme;

(c)

Proposed Construction Method Statement (see paragraph C10 below);

(d)

Details of works including specialist work proposed to be sub-contracted and list of
Subcontractors (refer to Annexure 8);

(e)

Details of providers of guarantees and warranties (see paragraph C21 below);

(f)

Staffing schedule and related details (see paragraph C13 below);


(g)

Details of Tenderer’s Equipment (see paragraph C15 below);

(h)

Proposals for use and reinstatement of Work Areas (see paragraph C16 below);

(i)

Documents amplifying the Tenderer's Technical Proposals as described in paragraph
5 of Annexure 1 to these instructions;

(j)

Details of proposed draft heads of agreement between the Tenderer and the
proposed Designer and the Tenderer and the Third Party Verifier;

(k)

Any further documents which are requested in writing by the Employer before
submission of the Tender but which are not to form part of the Contract;

Tenderers shall quote all prices inclusive of all taxes, duties and fees required to be paid by
him under the Contract, except as modified by Conditions of Contract PCC 14.1 [The Contract
Price] and these all inclusive prices will be considered for the purpose of comparative
evaluation of tenders.

C3


Letter of Tender
The Letter of Tender shall be completed and signed by a duly authorised and empowered
representative of the Tenderer. If the Tenderer comprises a partnership, consortium or a joint
venture the Letter of Tender shall be signed by a duly authorised representative of the
partnership delegated by all members of the partnership as stated in the Joint Venture
Agreement. The relevant powers of attorney shall be attached.
ITT 13/28

October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

C4

Outline Quality Plan
The Tenderer shall submit as part of his Tender an Outline Quality Plan illustrating the
intended means of compliance with the Employer's Requirements (Volume 3) and setting out
in summary form an adequate basis for the development of the more detailed document
required under the Conditions of Contract. The Outline Quality Plan shall contain sufficient
information to demonstrate clearly the proposed method of achieving the Tenderer's quality
objectives with regard to the requirements of the Contract.

C5

Outline Safety Plan


C5.1

The Tenderer shall submit as part of his Tender an Outline Safety Plan which shall contain
sufficient information to demonstrate clearly the Tenderer's proposals for achieving effective
and efficient safety procedures. The Outline Safety Plan should include an outline of the
safety procedures and regulations to be developed and the mechanism by which they will be
implemented for ensuring safety as required by the Employer's Requirements and the
Conditions of Contract.

C5.2

The Outline Safety Plan shall be headed with a formal statement of policy in relation to safety
and shall be sufficiently informative to define the Tenderer's safety plans and set out in
summary an adequate basis for the development of the Site Safety Plan to be submitted in
accordance with the Employer’s Requirements.

C5.3

The Tenderer may be requested to amplify, explain or develop his Outline Safety Plan prior to
the date of acceptance of the Tender and to provide more details with a view to reaching
provisional acceptance of such a plan.

C6

Outline Environmental Plan

C6.1

The Tenderer shall submit as part of his Tender an Outline Environmental Plan illustrating the

intended means of compliance with the Employer's Requirements and setting out in summary
form an adequate basis for the development of the more detailed document to be submitted
under the Conditions of Contract. The Outline Environmental Plan shall contain sufficient
information to demonstrate clearly the proposed method of achieving the Tenderer's
environmental objectives with regard to the requirement of the Contract.

C6.2

The Outline Environmental Plan shall be headed with a formal statement of policy in relation
to environmental protection and shall be sufficiently informative to define the Tenderer's
environmental plans and set out in summary an adequate basis for the submission of a
detailed and comprehensive site environmental quality management plan to be submitted in
accordance with the Conditions of Contract. The Outline Environmental Plan shall include the
methods and procedures for monitoring the Environmental Impact of the Works under the
Contract.

C6.3

The Tenderer may be requested to amplify, explain or develop his Outline Environmental Plan
prior to the date of acceptance of the Tender and to provide more detail with a view to
reaching provisional acceptance of such a Plan.

C7

Tenderer's Technical Proposals
The Tenderer shall submit with his Tender the Tenderer’s Technical Proposals as described
in Annexure 1 hereto.

ITT 14/28


October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

C8.

Designer

C8.1

The Tenderer should note the requirements of warranties and obligations contained in PCC
Clause 5.1 of the Conditions of Contract

C8.2

The Tenderer shall note the requirement of Clause 2 Article 77 of the Law on Construction
and Decree No. 209/2004/ND-CP of December 16, 2004, Article 22, relating to Author
Supervision of Construction to be carried out by the named Designer.

C8.3

The Tenderer shall submit with his Tender either the proposed terms and conditions upon
which the Designer would be appointed in the event of acceptance of the Tender (excluding
the financial and commercial terms thereof) or at least a statement of the heads (salient
features) of such an agreement. The Tenderer should note that, if heads of agreement are
supplied with the Tender, the Tenderer may be required to develop such heads into a full

agreement during the tender evaluation period and to submit the agreement in its final form
prior to award of the Contract.

C9.

Tender Programme and Proposed Design Submission Programme

C9.1

The Tenderer shall submit with his Tender, a Tender Programme which shall indicate how the
Tenderer intends to organise and carry out the Works and achieve Stages and complete the
whole of the Works by the appropriate Key Dates. Detailed requirements for the Tender
Programme are set out in Annexure 2 to these Instructions to Tenderers.

C9.2

The Tender Programme shall be prepared in terms of weeks from the Date for
Commencement of Works.

C9.3

The Tender Programme shall not in any event be construed as a submission of the Works
Programme under Clause 8.3 of the Conditions of Contract.

C9.4

The Tenderer shall submit with his Tender his proposed Design Submission Programme to
cover the Design Phase. Such proposed programme shall:
(a)


be consistent with the Tender Programme and accord with the Employer's
Requirements;

(b)

make adequate allowance for periods of time for review by authorities whose
approval is necessary;

(c)

include a schedule identifying, describing, cross-referencing and explaining the
Design Packages and Submissions which the Tenderer intends to submit;

(d)

take due account of the design co-ordination interface periods during which the
Contractor shall be required to undertake and complete all aspects of design coordination with Interfacing contractors engaged in the design of the Project and the
other Interfacing Parties such that each contractor can complete his co-ordinated
design in the knowledge that such design will be compatible and co-ordinated with
others and allowing adequate time for the Employer’s assessments and decisions.

C9.5

The Tenderer's attention is drawn to the requirement of Conditions of Contract and
Employer's Requirements and the requirements that the proposed Initial Works Programme
and Design Submission Programme shall be submitted within 28 days and 45 days
respectively after the Date of Commencement. However, the Tenderer should note that he
may be required to amplify, explain and develop his Tender Programme and the proposed

ITT 15/28


October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

Design Submission Programme prior to award of Contract.
C10

Manufacture, Installation and Construction Methods
The Tenderer shall submit with his Tender, the methods by which the Tenderer intends to
construct the Works, whether on the Site, off-site but in Vietnam, or offshore. The
construction methods to be employed will be analysed during tender evaluation and their
descriptions shall be in sufficient detail to allow a full appreciation of the Tenderer's proposals
in relation to all aspects of the Works. Details shall be given of the locations and
arrangements for offshore work, the facilities available and any undertaking from others which
the Tenderer has in such matters.

C11.

Milestones Payment Schedule

C11.1 The Contractor shall submit with his Tender the Milestone Payment Schedule (refer to
Appendix 2 of Letter of Tender) which shall show, in graphic and tabular form, the anticipated
cumulative value of work done over time for each amount in the Cost Centres. The Schedule
should clearly show the monthly cash flows for the Contract.
C11.2 If the Tenderer is required to amplify and develop his Tender Programme pursuant to

paragraph C9 above, the Tenderer will be required to amend the provisional Milestone
Payments so as to be consistent with the proposed Initial Works Programme with a view to
reaching provisional acceptance of the amended versions. If such provisional acceptance is
notified, the Tenderer shall be required, prior to award, to submit such amended versions of
his proposed Milestone Payment Schedule conditional only upon acceptance of his Tender.
C12.

Works Area Access Dates and Key Dates

C12.1 The Dates on which Work Areas are available to the Contractor for the commencement of the
Works are defined as Works Area Access Dates (WAAD). Details of WAAD are given in
Annexure 2 to these ITT.
C12.2 The Contractor shall be required to design and construct the Works to meet Key Dates as
detailed in Appendix 1 of the Letter of Tender.
C13.

Staffing Schedule and Related Details

C13.1 The Tenderer shall submit with his Tender a staffing schedule containing the names,
qualifications, professional experience and corporate affiliation of all proposed management
personnel (above the level of shift supervisor) and specialists (refer to Annexure 11). Details
shall be included for all such personnel whether directly employed or engaged on a
consultancy or advisory basis and whether associated with the design or the construction of
the Works. The submission shall include a provisional management structure and
organisation chart showing areas of responsibility, relative seniorities and lines of reporting.
The Tenderer should note that the said staffing schedule shall not in any event constitute a
submission under the Contract.
C13.2 The Tenderer shall include his proposals for his Dedicated Co-ordination Control Team and
include the name and qualifications of the Team Leader responsible for co-ordination with
Interfacing Contractors.

C14.

Proposed Approach to Maintenance Service
The Tenderer shall submit with his Tender the proposed approach for the provision of all
maintenance works for Type A and Type B for the 2year period following the issue date of the

ITT 16/28

October 2012


Ho Chi Minh City Urban Railway Construction Project
Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

Taking-over Certificate.
C15.

Tenderer's Equipment and Plant
The Tenderer shall submit with his Tender a schedule of the main items of equipment and
plant which he intends to use for carrying out the Works, indicating the activities for which
each item will be used (refer to Annexure 7). The Tenderer shall specify in each case:

C16.

(a)

if he owns or intends to purchase such items, and


(b)

if he intends to enter into hire, hire purchase or leasing or charter-party arrangements.

Proposals for Use and Reinstatement of Work Areas

C16.1 The Tenderer shall note the requirements for restoring the land after construction activities.
C16.2 The Tenderer shall submit with his Tender details of his proposed use of the Work Areas and
such other areas which he proposes to use for the purpose of executing the Works. Such
details shall be subject to the provisions of the Employer's Requirements, Outline Design
Specifications and Outline Construction Specifications and shall include proposed preparatory
work, arrangements for access to and about the Work Areas or other areas and proposals for
reinstatement on completion where appropriate.
C16.3 The Tenderer shall show, in outline, his proposed site layouts for:
(a)

offices, accommodation and other facilities.

(b)

fabrication and storage areas.

(c)

concrete batching plants.

The Tenderer shall indicate in his proposals the provision of utility services to the Site. The
Tenderer is to note that the Contractor will be fully responsible for the provision of all utility
services necessary for the construction and completion of the Works as required in
Conditions of Contract Clause 4.19.

For preparation of the Tender for the temporary facilities described above, the Tenderer shall
comply with Vietnamese regulations including Circular No. 05/2007/TT-BXD of July 25, 2007.
C17.

Pricing Document

C17.1 The Pricing Document is included in Appendix 2 to the Letter of Tender. The Tenderer shall
complete the Pricing Document in accordance with the instructions given in Appendix 2. The
completed Pricing Document shall be submitted as Appendix 2 to the Letter of Tender.
C17.2 The Tenderer is to note that Key Dates are to be determined by reference to weeks from the
Date for Commencement of the Works. Periods for each stage of work are given in Appendix
1 to the Letter of Tender. Milestone dates shall be, likewise, determined by reference to the
respective periods from the Date for Commencement of the Works. It is the intention that,
prior to Date of Commencement, Key Dates and Milestones will be converted to calendar
dates.
C17.3 Prior to award, the successful Tenderer shall reformat the Pricing Document, Schedule of
Milestones, and the Tender Programme, so as to correlate between these documents, as
requested by the General Consultant.
C18.

Currencies of Tender and Payment

C18.1 The Tenderer may give his priced offer in Vietnamese Dong, and Japanese Yen only.

ITT 17/28

October 2012


Ho Chi Minh City Urban Railway Construction Project

Instructions to Tenderers
Ben Thanh - Suoi Tien Section (Line 1)
Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

Attention of Tenderers is invited to Clause 14.15 of the Conditions of Contract.
C18.2 Interim payments in relation to the milestones of each Cost Centre will be certified and paid,
in accordance with the provisions of Clause 14.6 of the Conditions of Contract in the currency
shown in the Schedule of Cost Centre Amounts. The Tenderer’s attention is invited to Clause
14.3 of the Conditions of Contract.
C18.3 The rates of exchange to be used by the tenderer for currency conversion during tender
preparation shall be the selling rates prevailing on the date 28 days prior to the date of tender
opening (Base Date), as published by the Bank for Foreign Trade of Vietnam (Vietcombank).
C18.4 The foreign currency requirements generally include the following:
(a) Expatriate staff and labor employed directly on the Works;
(b) Social, insurance, medical and other charges relating to such expatriate staff and labor,
and foreign travel expenses;
(c) Imported materials, both temporary and permanent, including fuels, oil and lubricants
required for the Works;
(d) Depreciation and usage of imported Plant and Contractor’s Equipment, including spare
parts, required for the Works;
(e) Foreign insurance and freight charges for imported materials, Plant and Contractor’s
Equipment, including spare parts; and
(f) Overhead expenses, fees, profit, and financial charges arising outside the Socialist
Republic of Vietnam in connection with the Works.
C19.

Tender Validity
The Tender shall be valid for a period of 270 days from the Tender Closing Date.

In


exceptional circumstances, prior to expiry of the original tender validity period, the Employer
may request that the Tenderers extend the period of validity for a specified additional period.
The request and the responses thereto shall be made in writing or by facsimile. A Tenderer
may refuse the request without forfeiting his Tender Guarantee. A Tenderer agreeing to the
request will not be required or permitted to modify his tender, but will be required to extend
the validity of his Tender Guarantee for the period of the extension.
C20.

Tender Guarantee

C20.1 The Tenderer shall submit with his Tender a Tender Guarantee for the sum of three hundred
million (300,000,000) Japanese Yen in the form of a certified cheque, letter of credit, or a
bank guarantee. If the guarantee letter is provided by an overseas bank other than
Vietnamese bank, it must be issued through a branch in Vietnam or confirmed by a
Vietnamese bank having agency relationship with such bank. The form of Tender Guarantee
given in Annexure 3 to these Instructions to Tenderers may be used for the purpose. The
Tender Guarantee may also be issued by a reputable insurance company or a bonding
company, in which case if the issuer is located outside Viet Nam, it shall have a
correspondent financial institution located in Viet Nam to make it enforceable. The Tender
Guarantee shall remain valid for a period of 30 days beyond the validity for the Tender.

ITT 18/28

October 2012