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

CONTRACT PACKAGE-3:
E & M, ROLLING STOCK, TRACKWORK, MAINTENANCE
Volume 1

Notice of Invitation to Tender
Instructions to Tenderers and Annexures
Letter of Tender and Appendices

January 2010

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

Final


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

CONTRACT PACKAGE-3:
E & M, ROLLING STOCK, TRACKWORK, MAINTENANCE

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 Specifications and Appendices
Volume 4
Employer’s Requirements – Particular Specifications
Volume 5
Employer’s Drawings

Final


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

CONTRACT PACKAGE-3:
E & M, ROLLING STOCK, TRACKWORK, MAINTENANCE

NOTICE OF INVITATION TO TENDER

Final



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

Notice of Invitation to Tender
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

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 3
E&M, ROLLING STOCK, TRACKWORK, MAINTENANCE
BETWEEN
CHAINAGE 0 Km – 150m and LONG BINH DEPOT
NOTICE OF INVITATION TO TENDER
Date: January 12, 2010
Loan No. VNXIV-3
Contract Package 3

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
Project”), under the Loan Agreement No. VNXIV-3 dated March 30, 2007, 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;

3.

(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.

The Management Authority for Urban Railways (MAUR, the Employer) under the Ho Chi Minh
City’s People Committee invites sealed tenders from prequalified eligible tenderers for the
NIT 1/3


Final


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

Notice of Invitation to Tender
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

construction and completion of the following works for Contract Package 3: E&M, Rolling Stock,
Trackwork, Maintenance: Railway Systems procurement contract including Railway E&M
Systems for the entire Project, including Signalling System, Train Control System, Traction and
Auxiliary Power Supply System and Substations, Telecommunications Systems and Operation
Control Centre facilities, Track work, Depot Workshop and Equipment and Fare Collection
System, etc., as well as the procurement of Rolling Stock and maintenance works of the systems
for 5 years including supply of spare parts, repair work, maintenance work and training for
technical transfer.
4.

Complete sets of Tender Documents for Contract Package 3 and, optionally, those for Contract
Package 1: Civil (Underground) and Contract Package 2: Civil (Elevated) will be made available
to interested prequalified eligible tenderers if they submit a written application indicating the
number of copies of each Contract Package to the following address, not later than January 20,
2010:
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 January 26, 2010 to July 23, 2010 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 above not later than 14:00 hr on July 23, 2010 against a receipt of submission.
Tenders will be opened publicly at 14:05hr on July 23, 2010 in the office of the General
Consultant, regardless of the presence or absence of any invited tenderer.
Please carefully note 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 Seven Hundred and Sixty Million (760,000,000) 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.

NIT 2/3

Final


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

8.

Notice of Invitation to Tender
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

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 Inviting Party

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

NIT 3/3

Final



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

CONTRACT PACKAGE-3:
E & M, ROLLING STOCK, TRACKWORK, MAINTENANCE

VOLUME 1

INSTRUCTIONS TO TENDERERS

Final


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

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

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

CONTRACT PACKAGE-3:
E & M, ROLLING STOCK, TRACKWORK, MAINTENANCE

INSTRUCTIONS TO TENDERERS


TABLE OF CONTENTS

Clause

Page

A.  General.

4 

A1. 

General Description of the Work

4 

A2. 

Source of Funds

5 

A3. 

Eligible Tenderers

5 

A4 


Eligible Source Countries for Materials, Plant, Supplies, Equipment, and Services

6 

A5 

Source Countries for Telecommunications and Signal Systems

6 

A6 

Qualification of the Tenderer

6 

A7 

One Tender per Tenderer

7 

A8 

Cost of Tendering

7 

A9 


Site Visits

8 

B.  Tender Documents

8 

B1 

Contents of Tender Documents

8 

B2 

Content of Supporting Documents

9 

B3 

Clarification of Tender Documents

9 

B4. 

Amendment to Tender Documents


10 

C.  Preparation of Tenders

10 

C1 

Language

10 

C2.  

Documents Comprising the Tender

11 

C3 

Letter of Tender

13 

C4 

Outline Quality Plan

13 


C5 

Outline Safety Plan

13 

ITT 1/27

Final


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

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

C6 

Outline Environmental Plan

13 

C7 

Tenderer's Technical Proposals

14 


C8. 

System Integrator

14 

C9. 

Tender Programme and Proposed Design and Certification Programme

14 

C10 

Manufacture, Installation and Construction Methods

15 

C11. 

Milestones Payment Schedule

15 

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

16 

C16. 

Proposals for Use and Reinstatement of Work Areas

16 

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

19 


C23. 

Interfacing Contractors

19 

C24. 

Daywork Rates

20 

C25. 

Insurance

20 

C26. 

Tender Index

20 

C27. 

Tenderer’s Alternatives

20 


C28. 

Pre-Tender Meeting

20 

C29 

Format and Signing of Tender

20 

C30 

Employer’s Options

21 

D.  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 

E.  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

24 

E5 

Examination of Tenders and Correction of Errors and Differences

25 

E6 

Evaluation of Tenders

25 
ITT 2/27

Final



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

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

F.  Award of Contract

26 

F1 

Award Conditions

26 

F2 

Notification of Tender Winning and Contract Negotiation

26 

F3 

Notification of Contract Award and Signing of Contract Agreement

26 

F4 


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

27 

F5 

Performance Guarantee and Warranties

27 

ANNEXURES
Annexure 1
Annexure 2
Annexure 3
Annexure 4
Annexure 5
Annexure 6
Annexure 7

Requirements for Technical Proposals
Requirements for Tender Programme
Form of Tender Guarantee
Letter of Copyright
Tender Evaluation Procedure and Criteria
Vietnamese Procedures for Approval and Certification of Project
Form of Joint Venture/Consortium Agreement

Ann1/1
Ann2/1
Ann3/1

Ann4/1
Ann5/1
Ann6/1
Ann7/1

Annexure 8

Schedule of Tenderer’s Equipment

Ann8/1

Annexure 9

Subcontractors

Ann9/1

Annexure 10

Schedule of Tendering Stage

Ann10/1

Annexure 11

Power of Attorney

Ann11/1

Annexure 12


Curriculum Vitae of Key Personnel

Ann12/1

ITT 3/27

Final


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

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

INSTRUCTIONS TO TENDERERS

A.

General.

A1.

General Description of the Work
The work comprises the design, manufacture/erection, equipping, testing, commissioning
(including Integrated Testing and Commissioning) for the Railway Systems contract including
Railway E&M Systems for the entire Project, including Signalling System, Train Control
System, Traction and Auxiliary Power Supply System and Substations, Telecommunication
System and Operation Control Centre facilities, Trackwork, Depot and Workshop Equipment

and Fare Collection System, etc., as well as the procurement of Rolling Stock.
These systems shall be installed in the Underground section, Contract Package1, from
chainage Km0–150.00 m, a short distance from Ben Thanh Station (inclusive) to the Contract
Limit at Km 2+360.00 in Ba Son Shipyard on the south shore of Thi Nghe Canal; and from this
Contract Limit to Suoi Tien Terminal Station (inclusive) and Depot, Contract Package 2. The
tender for this Contract shall be carried out based on the Employer’s Requirements and shall
be tendered on a EPC basis.
The period for completion and commissioning of the of the whole system shall not exceed 56
months (244 weeks), then shall follow the five (5) year Maintenance Period.

A1.1

The Contractor shall be responsible for further development of the maintenance works of the
systems for 5 years including supply of spare parts, repair work, maintenance work and
training for skills transfer, environmental and safe control systems. The Tenderer is also
required to provide proposals for an “aftercare” service as described in Annexure 1 to these
Instructions.

A1.2

The commencement date of the revenue service of this line is scheduled to be 56 months
(244 weeks) after the Commencement Date for the Contract Package 3. The Contractor shall
be required to carry out the complete design, installation, testing and commissioning of E&M,
Rolling Stock, Trackwork, Depot and Workshop Equipment and Infrastructure Maintenance
Vehicles for the entire Project except for the building systems and the Lifts and Escalators,
Environmental Control Services and Tunnel Ventilation installed in the tunnels, stations, on
the elevated structures, and in the depot.

A1.3


The Contractor shall also provide for the electrical supply and interfacing control in his design.
He will lead the co-ordination with the other contractors who have to execute these items.

A1.4

The Tenderer shall note that the horizontal alignment in the Employer’s Drawings is fixed,
together with the location of the station boxes and ground level structures. The dimensions of
specific elements and details such as, room layouts and all other dimensions shown on the
Employer’s Drawings are indicative only and shall be determined by the Contractor and,
where relevant co-ordinated with Interfacing Contractors.

A1.5

The Scope of Work for this Contract is further described in the Employer’s Requirements.

ITT 4/27

Final


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

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

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 (JICA), 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
Project”), under the Loan Agreement No. VNXIV-3 dated March 30, 2007, 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.

A3.

Eligible Tenderers
Tenders for this Contract will only be considered from those companies, corporations,
partnerships, consortia or joint ventures who have been pre-qualified and invited to tender
following assessment of information supplied during the Pre-Qualification process.
A change in the members of a joint venture after prequalification is acceptable (refer to
Annexure 5), provided that all of the following conditions are satisfied:
i)

The new joint venture meets the prequalification criteria (the new member is not
necessarily limited to only prequalified firms)

ii)

The reason for such a change is acceptable to the Employer

iii)

Such a change does not distort competition among qualified bidders

iv)

Such a change is informed in writing to the Employer within 90 days prior to the
Tender Closing Date and is approved in writing by the Employer before the Tender
Closing Date.


v)

Such a change is not forced by the Employer but has taken place by the free choice
of the firms involved

ITT 5/27

Final


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

A4

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

Eligible Source Countries for Materials, Plant, Supplies, Equipment, and Services
Under STEP (Special Terms for Economic Partnership) Loan provisions for the project, not
less than forty eight per cent (48%) of the total cost of goods and services for this Contract
shall be procured from Japan as specified in Clause 7.1 of the Particular Conditions of
Contract. The following equipment shall be procured from Japan as a minimum portion:
•

Automatic Fare Collection System (AFC);

•


Rolling Stock; and

•

Overhead Contact System (OCS).

At the Employer’s request, tenderers may be required to provide evidence of the origin of
equipment, goods and services.
The tenderer shall confirm his compliance with the eligibility of equipment, goods and services
to be employed for the Works, using the Appendix 10 in the Letter of Tender.
A5

Source Countries for Telecommunications and Signal Systems
Telecommunications and Signal Systems shall be the products of the manufacturers/suppliers
of G8 and other European countries or the manufacturers/suppliers who have the license
agreement with the firms of G8 and other European countries.

A6

Qualification of the Tenderer

A6.1

The Tenderers, to qualify for award of Contract, shall submit a written power of attorney
authorising the signatories of the Tender to commit each member of the partnership,
consortium or joint venture.

A6.2

Where the Tenderer comprises a partnership, consortium or joint venture, the Tenderer shall

update the following information, submitted with their pre-qualification applications, shall
continue to meet the minimum threshold criteria for pre-qualification:

A6.3

(a)

a Joint Venture Agreement which shall comprise the same members as accepted at
the time of Pre-Qualification or as accepted in paragraph A3.

(b)

nomination of one of the members of the partnership, consortium or joint venture to
be the representative; and this authorisation shall be covered in the Joint Venture
Agreement signed by the legally authorised signatories of all members of consortium
or joint venture (refer to Annexure 11);

(c)

details of the intended percentage participation given by each member at the time of
pre-qualification shall be reconfirmed and expanded with complete details of the
proposed division of responsibilities and corporate relationships among the individual
members.

The Tenderer shall submit with his Tender full details of his ownership and control or, if the
Tenderer is a partnership, joint venture or consortium, full details of ownership and control of

ITT 6/27

Final



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

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

each member thereof.
A6.4

Each Tenderer (each member in the case of a partnership, joint venture or consortium) is
required to confirm and declare with his Tender that no agent, middleman or any intermediary
has been, or will be, engaged to provide any services, or any other item or work related to the
award and performance of this Contract. They will have to further confirm and declare in the
submittal that no agency commission or any payment which may be construed as an agency
commission has been, or will be, paid and that the tender price will not include any such
amount. If the Employer subsequently finds to the contrary, the Employer reserves the right to
declare the Tenderer as non-compliant, and declare any Contract if already awarded to the
Tenderer to be null and void.
The Tenderer shall update any information submitted with their applications for
Prequalification, which has changed, and update in any case the minimum information
indicated below, establishing that the tenderer is still meeting the minimum threshold criteria
set out in the Prequalification Documents and having adequate experience, financial capacity
and technical capability to undertake the Contract.
As a minimum, tenderers shall update the following information
(a) evidence of access to lines of credit and availability of other financial resources;
(b) work commitments acquired since Prequalification;
(c) current litigation information; and
(d) the latest of income tax clearance certificate for foreign and local members


A6.5

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 Vietnam. Such action will
result in the rejection of the Tender, in addition to other punitive measures.
No firm can be a subcontractor while submitting a tender individually or as a partner of a 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.

A7

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.

A8

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.

ITT 7/27

Final



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

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

A9

Site Visits

A9.1

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.

A9.2

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.

A9.3


The Employer may arrange a Site visit concurrently with the Pre-Tender meeting referred to in
paragraph C28.

A9.4.

The Tenderer shall note that for his reference only in Annexure 6 there is a spread sheet that
outlines the Vietnamese Regulations for Approval and Certification of Projects.
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
Works and also Decree 99/2001/ND-CP of June 13, 2001 on Management of Work
Construction Investment Expenditures, and all latest regulations.

A9.5

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

B.

Tender Documents

B1

Contents of Tender Documents

B1.1

The Tender 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 No. 3 Ben Thanh – Suoi Tien Section (Line 1) of the Ho
Chi Minh City Urban Railway, and as more particularly described in these documents:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)

B1.2

Notice of Invitation to Tender;
Instructions to Tenderers and Annexures;
Letter of Tender, Attachments and Appendices;
General Conditions of Contract;
Particular Conditions of Contract
Schedules to the Conditions of Contract;
Employer's Requirements – General Specifications – Design Standards;
Employer's Requirements – Particular Specifications;
Employer’s Drawings; and
One CD-ROM (Read Only) of documents listed in Clause B2.1 below.

The Tenderer is required to examine carefully the contents of all the above documents.
ITT 8/27


Final


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

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

Failure to comply with the requirements for the 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

Content 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. Nguyen Xuan Hiep Tel. 08-510-6428. 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
The following documents are available for inspection.
(i)
Utility Investigation Report
(ii)

Transportation Study

(iii)

Hydrological Study

(iv)

Social and Environmental Survey

(v)

Building Surveys; and

(vi)

Line 1 Geotechnical Report

(vii)

Topographic Survey


B2.2

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

B2.3

The accuracy or reliability of the documents and reports referred to in this Clause B2 and of
any other information supplied, prepared or commissioned at any time by the Employer is not
warranted. The Tenderer's attention is drawn to clause 4.10 of GCC 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.

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 with copy to the Project Management Unit No.1/MAUR in
English and Vietnamese.

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, the Tenderer shall seek clarification from the General Consultant,


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Ben Thanh - Suoi Tien Section (Line 1)

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

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 with copy to the Project Management Unit No.1/MAUR in English and Vietnamese.
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
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

B4.1

Addenda
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 the Conditions of Contract Clause 1.5, 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.

B4.2

Extension of Deadline for Submission
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 shall
be translated into Vietnamese.
1.


Outline Quality Plan: ITT Clause C 2.2 (d)

2.

Outline Safety Plan: ITT Clause C 2.2 (e)

3.

Tenderer’s Technical Proposal: ITT Clause C 2.2 (g)

4.

Proposed Construction Method Statement: ITT Clause C 2.3 (c)

5.

Pricing Documents listed in ITT Clause C2.2 (c)

Document item 5 shall be included in the Financial Package as “Original” and five copies only.
In addition to the above, the Tenderer shall provide Vietnamese translations of all information
and documents necessary for appraisal of the tender results, if so requested by the appraisal
authority.
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Ben Thanh - Suoi Tien Section (Line 1)


Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

Any accompanying printed literature in other languages shall be accompanied by an English
and Vietnamese translation. 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 3 (E&M, Rolling Stock, Trackwork, Maintenance): Technical Package";
and
”Contract Package 3 (E&M, Rolling Stock, Trackwork, Maintenance): Financial Package".
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); (n) and (o) below and C2.3(a);
(b); (c); (d); (e); (f); (g); (h); (i); (j); and (k).
The Financial Package shall contain the documents referred to in paragraphs C2.2 (a); (b); (c)
and (p) below.
In submission of the Tender (Technical Package and Financial Package), the Tenderer shall
assign person(s) in writing to submit the Tender accompanied by the original of the Tender
Guarantee which shall be delivered in a separate envelope by the Tenderer. Copies of the

Tender Guarantee shall be included in each Package of the Tender.
Should any further documents be required pursuant to paragraphs 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:

-

Attachment 2:

Acknowledgement of Compliance with Code of Ethics and
Conduct for Public Procurements
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
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Ben Thanh - Suoi Tien Section (Line 1)

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance


C7 below);

C2.3

(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;

(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 amounts
as specified in Clause 7.1 of Conditions of Contract;

(l)

Appendix 11 to the Letter of Tender: Tenderer’s Operations and Maintenance
Proposal (See paragraph C14 below);

(m)

Appendix 12 to the Letter of Tender: Tender Index (See paragraph C26 below);


(n)

Undertaking on copyright (see paragraph E2)

(o)

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

(p)

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

The Tenderer shall submit with his Tender the documents that are identified in paragraphs
C2.3 (a) – C2.3 (k) 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 paragraphs B4 above.
(a)

Full details of ownership and control of the Tenderer (see paragraph A6.3 above);

(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
Sub-contractor (see Annexure 9);

(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 Works Areas (see paragraph C16 below);

(i)

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

(j)

Any further documents which are requested in writing by Employer before submission

of the Tender by way of evaluation documents but which are not to form part of the
Contract;

(k)

Following information shall be furnished:
E&M, Rolling Stock, Track work, Depot, and Workshop Equipment and Infrastructure
Maintenance Vehicles
Extent of participation by each member of the consortium in terms of percentage of
the value of the proposed Contract relating to the different System Packages
% of participation by each Member

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

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

1
2
3
C2.4

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.

C2.5

The Tenderer should note Clause 14.3 of the GCC which describes the method of
determining interim payments by reference to Milestone achievements.

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.

C4

Outline Quality Plan
The Tenderer shall submit as part of his Tender an Outline Quality Plan illustrating the
intended means of compliance 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 Clause 10 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 Conditions of Contract.

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 for installation

illustrating the intended means of compliance with the requirements of the Employer's
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Ben Thanh - Suoi Tien Section (Line 1)

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

Requirements (Volume 3) 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.

C8.

System Integrator

C8.1

The Tenderer should note the requirements of warranties and obligations contained in the
Conditions of Contract.

C8.2

The Tenderer shall submit with his Tender a plan showing how the diverse systems, such as:
E&M, Rolling Stock, Trackwork, Depot and Workshop Equipment shall be planned and
integrated into a well organised operating Railway System. The plan shall include the
appointment of the System Integrator, and the organisation and methodology used to achieve
the required integration.

C8.3

The design of the Railway Systems shall be undertaken by the System Integrator. The
System Integrator shall be the same entity included in the pre-qualification application unless

approved otherwise by the Employer.

C8.4

The Tenderer shall submit with his Tender either the proposed terms and conditions upon
which the System Integrator 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 and to submit the agreement in its final form prior to award of the
Contract.

C9.

Tender Programme and Proposed Design and Certification 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

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


Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

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 the Conditions of Contract.

C9.4

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

be consistent with the Tender Programme and accord with the Employer's
Requirements (Volume 3);

(b)

make adequate allowance for periods of time for review by authorities whose approval
is necessary in accordance with the General Specifications (Volume 3);

(c)


include a schedule identifying, describing, cross-referencing and explaining the
Design Packages 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 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;

(e)

take due account of obtaining certification of the designs from relevant authorities.

C9.5

The Tenderer's attention is drawn to the requirement of the Conditions of Contract and the
Employer's Requirements - Design and the requirements that the proposed Initial Works
Programme and Design and Certification 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 Design and Certification Programme prior to award of Contract.

C9.6

The proposed Design and Certification Programme shall not, in any event, be construed as a
submission under the Conditions 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
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Ho Chi Minh City Urban Railway Construction Project
Ben Thanh - Suoi Tien Section (Line 1)

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

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 Works 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 12). 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
submittal 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 the interface coordination with Interfacing Contractors.
C14.


Proposed Approach to Maintenance Service
The Tenderer shall submit with his Tender the proposed approach to the 5-years maintenance
of the equipment, etc. provided and installed under the Contract immediately after the issue
date of Taking-Over certificate. This shall be contained in Appendix 11 to the Letter of Tender.

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. The Tenderer shall specify in each case (refer to Annexure 8):
(a)
(b)

C16.

if he owns or intends to purchase such items, and
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

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Final



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

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

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, 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)

accommodation and other facilities.

(b)

fabrication and storage areas.

The Tenderer shall submit with his Tender full details of all temporary accommodations,
furniture and equipment for the use of the Employer’s Representative for the duration of the
Works, in accordance with international practice.
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 described in the
Employer's Requirements (Volume 4).
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 periods 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 shall give his priced offer in Vietnamese Dong, and Japanese Yen only.
Attention of Tenderers is invited to Sub-Clause 14.15 of the Conditions of Contract.
C18.2 Interim payments in relation to each Cost Centre will be certified and paid, in accordance with
the provisions of the Conditions of Contract Clause 14.3 in the currency shown in the
Schedule of Cost Centre Amounts.
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:

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Final


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

(a)
(b)
(c)
(d)
(e)
(f)
C19.

Instructions to Tenderers
Package-3: E&M, Rolling Stock, Trackwork, Maintenance

Expatriate staff and labour employed directly on the Works;
Social, insurance, medical and other charges relating to such expatriate staff and labour,
and foreign travel expenses
Imported materials, both temporary and permanent, including fuels, oil and lubricants
required for the Works;
Depreciation and usage of imported Plant and Contractor’s Equipment, including spare
parts, required for the Works
Foreign insurance and freight charges for imported materials, Plant and Contractor’s
Equipment, including spare parts; and
Overhead expenses, fees, profit, and financial charges arising outside the Socialist
Republic of Vietnam in connection with the Works

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 seven hundred
and sixty million (760,000,000) 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 period for the Tender.
If the Tenderer is a joint venture, its Tender Guarantee can be provided in either of the
following 2 ways:
a)

Each partner of the joint venture provides a separate Tender Guarantee on the condition
that the aggregate value of tender guarantees provided by all partners shall not be less
than the sum indicated above. In this case, if the Tender Guarantee of any member of
the joint venture is determined to be not valid, the Tender of that joint venture will be

rejected;

b)

A delegated member of the joint venture provides the Tender Guarantee for the whole
joint venture. In this case the Tender Guarantee can be provided under the name of the
joint venture or the delegated member, but in any case the total value of the Tender
Guarantee shall not be less than the sum indicated above.

C20.2 Any Tender not accompanied by an acceptable Tender Guarantee shall be rejected by the
Employer as non-responsive.
The Tender Guarantee will be considered as not valid in one of the following cases: i) its value

ITT 18/27

Final