Part 3 - Instructions To Bidders
Part 3 - Instructions To Bidders
Part 3 - Instructions To Bidders
Switchgear/LCR Buildings
PART 3
INSTRUCTIONS TO BIDDER
Bidders must observe and comply with the following instructions:
1. RFQ Content
The following documents are included in this RFQ Package:
Part 1 Letter of Request for Quotation
Part 2 Acknowledgement of Intention to Bid
Part 3 Instructions to Bidders
Part 4 Commercial Bid Summary (information to be submitted by Bidders)
Part 5 Sealed Bid Label
Part 6 Drawings, Specifications and Documents referenced in RFQ
Part 7 Purchase Order Terms and Conditions
Part 8 Seller Site Service Terms and Conditions
Part 9 Certifying Agencys Scope of Work for Equipment packages
Part 10 Performance Bond format and List of the Banks acceptable to Buyer
Bidder must verify that this RFQ contains all the above documents and/or instructions.
In the context of these documents, "Bidder" means any independent person or independent
firm submitting a Bid in response to this RFQ including proposed subcontractors, who is in
the business of providing Equipment, Material, Work or Services of the type described in
this RFQ. Where reference is made to Seller this shall mean Bidder and vice versa.
Joint-venture or partnership formed by two or more than two firms is considered as an
individual Bidder who shall respond to this RFQ and be authorized to sign the bid proposals
on behalf of its stakeholders/ investors/ partners.
All capitalized terms used herein shall have the meaning ascribed to them in the
PURCHASE ORDER TERMS and CONDITIONS.
For the purpose of this RFQ all references to Client shall mean Cuu Long Joint Operating
Company (CLJOC) and all references to Buyer shall mean PTSC Mechanical &
Construction Joint Stock Company (PTSC M&C).
2. Bid Submission
Bidder shall submit its proposals to the Buyer at the given address strictly complying with
the below instructions:
-
Envelope 1 - Technical Proposal: One (01) original and three (03) copies of Technical
(Un-priced) Proposal together with one disc (CD Rom) containing one copy of Technical
(Un-priced) Proposal in the format as set forth in Part 4 Commercial Bid Summary
(information to be submitted by Bidders).
Envelope 2 - Commercial Proposal: One (01) original and three (03) copies of
Commercial (Priced) Proposal together with one disc (CD Rom) containing one copy of
Commercial (Priced) Proposal in the format as set forth in Part 4 Commercial Bid
Summary (information to be submitted by Bidders).
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Failure to identify exceptions to said terms and conditions shall be deemed to constitute an
acceptance by Bidder of the terms and conditions as stated.
9. Alternative Bids
Any proposal which does not conform to any requirement of or which contains provisions
not required by the RFQ documents may be rejected. Bidders may submit an alternate
proposal but only on condition that it accompanies a conforming proposal. In such a case;
The alternate proposal shall clearly indicate where it is at variance with the
conforming proposal and Buyer shall have no responsibility to discover any other
qualification other than those listed in the alternate proposal; and
Bidders are to note that the submission of an alternate proposal that will offer
monetary and/or schedule benefit is actively encouraged by Buyer.
10. Bid Validity
Bids must remain valid for a period of ninety (90) days from Bid Due Date as stated in
Article 2.
11. Advance Payments
Buyer will not make any advance payments. Buyer will not be responsible for any cost or
expenses incurred by any Bidder in preparation of its Bid or preparation of any clarification
and response during Bid evaluation, whether or not that Bidder or any Bidder is successful
or in case of cancellation of the Bid.
12. Currency of the Bid
Each Bidder will provide a Bid in U.S. Dollars, except in case Bidders are Vietnamregistered companies who are not allowed to provide quotation in foreign currency as per
foreign currency control regulations of the Vietnam Government in Ordinance No.
28/2005/PL-UBTVQH11 dated December 13th, 2005. In such event, Bidders shall provide a
Bid in Vietnam Dong.
13. Partnerships
Bids by Joint Venture or Partnerships must provide the full names and registered addresses
of all partners and be signed by an authorized officer.
14. Signing of the Bid
Each Bid shall provide the registered address of the Bidder and be signed by an authorized
signatory.
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Any errors or omissions in the Bid documents will be permitted to be withdrawn or modified
only with the written consent of Buyer. This consent may be withheld.
16. Language of the Bid
The Bid and any annotations or accompanying material must be in written English language.
17. Bid Rejection
Buyer reserves the right to accept or reject any Bid received after Bid Due Date stated in the
Request for Quotation. Buyer is not required to accept the lowest or any Bid. Buyer shall not
be or be deemed to be bound until a formal Purchase Order has been agreed and duly
executed by all parties.
18. Confidentiality
All documents and information in relation to this RFQ furnished to Bidder is confidential.
Bidder agrees to accept receipt of its RFQ on condition that such documents and information
shall not be disclosed to any third Party or used for any purpose other than preparation of
this Bid. Bid submitted in response to this RFQ and opened by Buyer shall become the
property of Buyer/ Client. Buyer/ Client shall be free to copy, modify, disclose and
distribute such Bids as Buyer/ Client deems appropriate, notwithstanding copyright or other
proprietary notices to the contrary which may be placed thereon. Opened Bids will not be
returned to Bidder.
19. Current Workload
Bidder to identify ability to perform this work by providing a schedule of Bidders current
workload for the next two (2) years; clearly identifying the current total annual production
capacity and the committed work in man-hours.
20. Execution Plan
Bidder to provide a proposed execution plan for the workscope of this RFQ showing planned
dates and durations for approval of manufacturing & QC procedures, final inspection &
testing, delivery ex works and shipping.
Bidder to identify on the execution plan the timing for Buyer to firm up on the data sheets
and other documents. Buyer shall be entitled to make minor modifications in this RFQ and
in any executed PO (always within the fabrication limitations of the manufacturing /
fabrication facility) without impacting the delivery dates.
21. Detailed Pricing Breakdown
Bidder to provide a detailed pricing breakdown/table that supports the summary prices stated
in the Commercial Bid Summary and Bid Form in Part 4 Commercial Bid Summary
(information to be submitted by Bidders). The pricing breakdown/table shall show the net
quantities with the calculated gross quantities. All unit rates, net quantities and gross
quantities shall be correctly extended to show sub totals and totals for weights and prices.
22. Financial Stability
Buyer may require, prior to award of the Purchase Order, satisfactory evidence of the
successful Bidders (and any principal subcontractors) credit worthiness, financial
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Instructions to Bidders
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soundness, and capacity to perform the Contract. In this connection, relevant information
may include a certified copy of the last recent 3 year of financial annual report, latest
accounts, details of comparable agreements that were completed successfully, a bankers
reference, details of any existing third-party loans or guarantees, and similar information.
23. Conditions and Regulations
Bidder is responsible to become familiar with and understand the Scope of the Work to be
performed including but not limited to:
Government regulations
Applicable tax laws
PURCHASE ORDER TERMS and CONDITIONS
Qualification of personnel
Licenses
Permits
24. Other Bidders
As stated in Article 18 Confidentiality in this RFQ, Bidder must not give this RFQ to any
other company without prior consent of Buyer in writing. Buyer will reject Bids received
from all uninvited companies.
25. Insurance
After award, the successful Bidder shall provide insurance as specified in the PURCHASE
ORDER TERMS and CONDITIONS and shall submit certified evidence of this to Buyer as
requested.
26. Performance Bond
Bidder may be required to provide a performance bond of 10% of the full value of the
PURCHASE ORDER and required valid until 30 days after expiry of stipulated period of
warranty. This bond shall be issued on a reputable international bank as indicated in Part 10
- Performance Bond format and List of Banks Acceptable to Buyer.
27. Payment Terms
Buyer will make payment as follows:
Eighty percent (80%) upon receipt of goods at port of discharge. Payable net
forty five (45) days after receipt of undisputed invoice and supporting documents.
Twenty percent (20%) upon receipt of final approved documentation. Payable net
forty five (45) days after receipt of undisputed invoice and supporting documents.
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approval from Buyer. All manufacturing and rolling facilities may be subject by audit by
Buyer. For all proposed Subcontractor/Mill supply route an original letter of exclusive
support from the mill(s) guaranteeing availability of material/manufacturing capability must
be provided. All suppliers must be ISO 9000 accredited.
30. Inspection and Expediting
A) After execution of Purchase Order, the successful Bidder shall insure that the Client
and/or Buyer and/or Buyers appointed third party inspector has full access to all
manufacturing/fabrication facilities to verify schedule progress and to inspect, test, and/or
witness the test of the goods wherever they may be located without extra charge. Such
inspection shall not relieve Bidder of any obligation and/or liability under this Purchase
Order
If requested, Bidder shall make available to Client and/or Buyer representatives suitable
office space and telecommunication services within the manufacturing / fabrication facilities.
B) In accordance with Vietnamese regulations, if the third party certification is required
under Part 9 - Certifying Agencys Scope of Work for Equipment packages of this RFQ,
Bidder shall obtain certification for its supply. The selected inspection company by the
Bidder shall be approved by the certifying/governing body and shall be certified by one of
the following recognized societies:
NKK
ABS
Lloyds Register
Germanischer Lloyd
Bureau Veritas
Det Norsk Veritas
Bidder is expected to arrange contacts and inspection as deemed necessary in order to obtain
the final certification.
Category for this package is Category A. Bidder is required to ensure the requirement of
designated category of Certification as detailed in Part 9 - Certifying Agencys Scope of
Work for Equipment packages of this RFQ.
C) Bidder is expected to specify the Lead times in number of weeks from the date of receipt
of finalized Purchase Order and based on calendar week basis, inclusive of time allowance
for drawing submission and approval, test & inspection (if any) and any Holiday schedule
during Time of Manufacture.
31. Bid Evaluation and Clarification
During the evaluation period of the submitted Bids, the Buyer has the right to contact
Bidders for clarifications and deviations. In the event that a clarification/deviation results in
a change in the Bid price, Buyer reserves the right to contact each Bidder to obtain the same
clarification.
32. Purchase Order Award
The successful Bidder will be required to enter into a formal agreement with Buyer, in
accordance with the agreed to PURCHASE ORDER TERMS and CONDITIONS.
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Instructions to Bidders
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