TO.: …………..
()i
SUBJ.: INVITATION FOR BID NO. ………..
FOR PROVISION OF ………..
Dear Sirs,
PetroVietnam Drilling and Well Services Company (hereinafter referred to as “PV Drilling”)
is now in need of purchasing ………. (hereinafter referred to as the “Goods”). In
consideration of your experience and capabilities, PV Drilling would like to invite you to
participate in this Bid. You are, if so interested in this Bid, kindly requested to peruse and
follow PV Drilling’s instruction documents attached hereto.
The information in this Bidding Document shall be treated as confidential and should not be
released to any person or organization without the express permission of PV DRILLING.
()ii
The closing time for receipt of Bid Proposal is at 14:00 o’clock of Ha Noi time on ………..
(hereinafter referred to as Bid Closing Time) at PV Drilling’s head office, 2nd Floor, No. 12
Nam Ky Khoi Nghia street, District 1, Hochiminh City, S.R Vietnam. Bid shall be
opened publicly within 1 hour after Bid Closing Time and all Bidders are invited to
participate in the Bid opening if they wish to attend.
Your bid proposal should be prepared and submitted in accordance with the attached ITB
(Section 1).
Please acknowledge receipt of our Bidding Documents and your intention to bid as per Form
12, Section IV, Part II of the IFB within 3 days from the date of this letter.
Yours faithfully,
General Director
3
TABLE OF CONTENTS
BIDDER INFORMATION............................................................................................7
FORM No. 12 ...........................................................................................................................8
ACKNOWLEDGMENT................................................................................................8
FORM No. 13............................................................................................................................9
BIDDER’S QUALIFICATION/EXCEPTION..............................................................9
SUPPLY REQUIREMENTS................................................................................................10
I. General Requirements:.........................................................................................................10
II. Technical Requirements......................................................................................................25
III. Quantity, Specification, Country of Origin and Delivery of Goods..................................26
FORM OF CONTRACT.......................................................................................................28
4
PART I
BIDDING PROCEDURES
5
4. Eligible 1. All the Goods are deemed to be eligible if having a clear and legal
Goods origin and meeting other requirements stipulated in BDS.
2. The term “origin” means the country (in some cases it can be local,
factory, etc.) where the goods have been mined, grown, cultivated,
produced, manufactured or processed; or, where through manufacture,
processing, assembly, or supplement manufacturing to create a product
that is commercially recognized but that differs substantially in its
basic characteristics from its components.
5. Cost for Bidders shall bear all costs associated with bidding process from
Bidding receipt of Bidding Documents till announcement of bid results,
except for the awarded bidder till contract signing.
6. Bidding 1. Bidding Documents consist of the sections listed in the table of
Documents and content of this Bidding Documents. Bidders are required to check
Bidding and scrutinize the content of Bidding Documents to avoid any
Documents possible risks.
Clarification
2. A prospective Bidder requiring any clarification of the Bidding
Documents shall contact the Purchaser in writing at the Purchaser’s
address specified in the BDS (bidders may inform the Purchaser
beforehand via fax, email…). The Purchaser will respond in
writing to any request for clarification, provided that such request is
received within the time specified in BDS. The Purchaser shall
forward copies of its response to all those who have acquired the
6
B. Preparation of Bids
8. Language of 1. The Bid, as well as all correspondence and documents relating to the
Bid bid exchanged by the Bidder and the Purchaser, shall be written in the
language specified in the BDS.
15. Bid Bond 1. The Bidder shall furnish as part of its bid a bid bond with the content
as required in the BDS. The Bid Bond shall be submitted together with
bid proposal or separately but must reach the Purchaser before the bid
closing time. The bid bond of a consortium shall be in the names of all
members in the consortium so as to ensure the responsibility of the
consortium with regard to its participation in the bid.
2. A Bid bond shall be considered non-responsive if it is of lower value
or shorter validity period; dominated in other currency; submitted late
or to wrong address as required in the bid documents; with wrong
bidders’ name; without original copy or without authorized signature in
case of bank’s guarantee or cheque
3. The Bid bond shall be returned to the unsuccessful bidders within
time specified in BDS. Bid Bond shall be returned to the successful
bidder after its submission of Performance Bond.
4. The Bid Bond shall be forfeited if the bidder:
a) withdraws its bid proposal within the bid validity;
b) fails to carry out contract negotiation within a required period of
time or refuse to negotiate the contract after receipt of letter of award;
or refuses to sign the contract after completion of contract negotiation;
or fails to furnish a performance bond;
c) violates the bidding regulations as stipulated in article 37 of this
Section
d) violates other regulations set out in the BDS
16. Period of 1. Bids shall remain valid for the period specified in the BDS after
Validity of Bids the bid submission deadline. A bid valid for a shorter period
shall be rejected by the Purchaser as non responsive.
2. In exceptional circumstances, the Purchaser may request bidders
in writing to extend the period of validity of their bids as well as
to extend the validity of bid bond for a corresponding period. If a
Bidder refuses the request, its bid proposal shall not be further
evaluated but its bid bond shall be returned.
3. Format and 1. The Bidder shall prepare one original and a number of copies of
Signing of Bid the bid proposal as required in the BDS and clearly mark
proposal “Original” and “Copy” as appropriate. Bidders shall be
responsible for accuracy and conformity of the copies to the
original.
2. The bid shall be typed or written in indelible ink and page
numbered in continuity. Bid Submission Form, Discount letter,
Price Schedule and other clarification documents to the bid
10
C. Submission of Bids
4. Sealing and Bidders shall submit to the Purchaser a bid proposal comprising
Marking of technical proposal and commercial proposal. The bid proposal shall be
Bids placed in a sealed envelop (the sealing of the bid shall be done per the
bidder’s own way). The sealed proposal package shall marked out
clearly with the following information:
o Bid validity
o Bid price printed in Bid Submission Form and discount (if any)
11. Technical The Purchaser shall evaluate the technical aspects of the Bids that have
Evaluation passed the preliminary evaluation based on requirements as set out in
Bidding Documents and Evaluation Criteria as stipulated in Section III.
Bids that pass technical evaluation shall be short-listed and shall be
further evaluated in financial and commercial evaluation.
12. Commercial The Purchaser evaluate the financial and commercial aspects and
Evaluation and determine the evaluation price of the short-listed bids in the following
Determination steps: error correction, discrepancy adjustment, conversion to single
of Evaluation currency (if any), normalization of bid price for comparison purpose as
Price stipulated in Section III
13. Error 1. Error correction means the rectification of the errors in the bids
Correction including arithmetic errors, spelling errors, typo errors, unit errors, and
it shall be done on the following basis:
a) Arithmetic errors:
- If there is a discrepancy between the unit price and the line item total
price, the unit price shall prevail.
- If there is a discrepancy between summary bid price and breakdown
bid price, the breakdown price shall prevail.
b) Other errors:
- If there is a discrepancy between words and figures, the amount in
words shall prevail.
14
- If the line item total price has been filled up without the unit price, the
unit price shall be calculated by dividing the line item total price by the
quantity
- If the unit price has been filled up but not the line item total price, the
line item total price shall be calculated by multiplying unit price by
quantity
- If the item quantity has not been filled up, it shall be calculated by
dividing line item total price by unit price. If the quantity arrived by
this method differs from the quantity required in Bidding Documents, it
shall be considered a discrepancy in the scope of supply and an
adjustment for discrepancy shall be made in accordance with point a)
of sub-article 1 of article 28 of this Section
- Errors in using of the decimal point shall also be corrected as
appropriate.
2. The error corrections made on the above mentioned basis shall be
advised in writing to the corresponding Bidder for their
confirmation of acceptance. The response from the Bidder shall be
made in writing. In case the bidder refuses to accept the said
correction for errors their Bid Proposal shall be rejected. A Bid
Proposal with the total value of arithmetical errors of more than
15% of the Bid Price which is calculated in absolute value (regardless
whether the correction will increase or decrease the Bid Price) shall
also be rejected.
14. Discrepancy 1. Adjustments for discrepancy are the adjustments made for those
Adjustments items that are either not quoted or over quoted in the bid proposal as
compared with requirements in the Bidding Documents as well as the
adjustments for discrepancy among various parts of bid proposals such
as between technical and financial proposals. Discrepancy adjustment
shall be done on the following basis:
a) If there is a discrepancy in scope of supply, the price of those items
that are not required in the Bidding Documents but quoted for by the
Bidder and included in the Bid Price shall be subtracted from the Bid Price.
If prices of these items can not be separated from the Bid Price for the
subtraction purpose, the lowest prices of same items in the Bid Proposals
of short listed Bidders shall be used. The price of those items that are
required in the Bidding Documents but not quoted by the Bidder and not
included in the Bid Price shall be added to the Bid Price. For this purpose,
the highest prices of same items in the Bid Proposals of short listed Bidders
shall be used.
In case the items that require adjustment are not quoted in any of the
short listed bids or there is only one short listed bid, the highest prices
15
of the same items in the bid proposals of the bidders other than the
short listed bidders or the Purchaser’s estimate or general estimate or
the approved bid package price shall be used for addition adjustments
and the lowest prices shall be used for subtraction adjustments.
b) If there is any discrepancy between the content of technical
proposals and commercial proposals, the content of the technical shall
prevail for adjustment purpose.
2. A Bid Proposal with total value of discrepancies of more than 10% of
the Bid Price which is calculated in absolute value (regardless whether
the discrepancy is of subtraction or addition nature) shall be rejected.
E. Award of Contract
18. Award Criteria 1. A Bidder shall be awarded the contract if:
a) the Bidder’s offer has been determined to be the lowest evaluation
bid. For the small scale bids, the Bid price (after error correction and
discrepancy adjustments) has been determined to be the lowest.
b) the award price shall not exceed the approved bid package price.
2. Other requirements in specified the BDS
16
19. Purchaser’s The Purchaser reserves the right to accept or reject any bid, and to
Right to Accept, annul the bidding process and reject all bids at any time prior to
Reject Any or contract award in full compliance with bidding regulations.
All Bids
20. Notification of 1. Upon receipt of the approval of bid results by authorized person, the
Award Purchaser shall notify in writing the bid results to all bidders (including
both successful and unsuccessful bidders). At the same time, the
Purchaser also submit the results for publishing on relevant Bidding
Information Bulletin and Website of the government if the subject bid
falls within the category that needs such publication.
2. The Purchaser shall send to the successful bidder together with the
notification of award the contract form (Form No. 11 Section X) which
has been filled in with all the relevant specific information of the bid
package, and a plan for contract negotiation detailing all the issues that
need to be negotiated and the time for the negotiation meeting.
17
21. Negotiation, The negotiation and signing of the contract shall be conducted as
Signing of follows:
Contract
a) After receipt of notification of award, within time stipulated in the
BDS, the successful bidder shall have to send to the Purchaser the
acceptance letter confirming its participation in the contract negotiation
meeting. Beyond this time, if the Purchaser has not received the said
acceptance letter or the bidder refuses to participate in the meeting, its
bid bond shall be dealt with in accordance to the bidding regulations.
At the same time, the Purchaser shall report to the authorized person to
seek for approval for inviting the next ranked bidder for the contract
negotiation.
b) According to the agreed terms, the Purchaser and the successful
bidder shall negotiate to conclude the contract. During the contract
negotiation all pending and incomplete issues shall have to be
discussed and mutually agreed, especially the price adjustments for
discrepancy to ensure that the contract price shall not exceed the
approved ward price. The negotiation also includes discussion on any
initiatives and solutions proposed by the bidder, alternative proposal (if
required), and detailing of those contents that are considered vague or
ambiguous and so on. In special case when the contract price exceeds
the approved award price, the Purchaser shall report to authorized
person for consideration and decision in accordance with article 55 of
Decree 88/CP.
c) After successful completion of contract negotiation, the two parties
shall proceed with the signing of the contract. In case of the consortium
bidder, the contract shall be signed by all members of the consortium.
22. Performance The successful bidder shall have to provide a Performance Bond in
Bond accordance with article …of the Contract to guarantee its responsibility
and liability in performance of the contract.
23. Settlement of During the bidding process, if the bidder commits the following
infringement in infringement acts the Purchaser shall report to authorized body for
bidding consideration and decision on whether or not to reject the bid and make
use of the Bid bond. After receipt of decision of the authorized body,
the Purchaser shall also publish bidder’s name and its infringement on
the Bidding Information Bulletin and Website of the government. The
infringement acts shall include the following:
a) fraud in reporting and providing information; misrepresentation on
its financial, technical capability, experience in its bid proposals,
clarifications and other relevant documents,
b) giving bribes to persons, organizations of the Purchaser and
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Documents establishing the civil legal status capability, financial autonomy of the
bidder:
- Certificate of incorporation
- Business license or Business registration certificate
- Other documents as Bidders deem appropriate
4 1 Other requirements for the eligibility of the Goods:
Type of Contract:
3 The bid package is divided into………part
4
Prices shall be entered in the following manner:
12
The currency of the bid:
20
13 1
a) Documents establishing the bidder's eligibility: ___________
2
b) Documents establishing experience and capability of bidders: ____________
15 1
Requirements of the bid bond:
- Type of bid bond: _____________________________
- Amount and currency of bid bond: _______________
- Bid Bond Validity: ______________ days from bid closing time
3
The bid bond shall be returned to unsuccessful bidders within _____ days from
the date of announcement of bid results
4
d) Infringement to other requirements: __________________
16 1 The Bid proposal shall have validity of at least ________ days from bid closing
time
The Bid Closing Time is: _____ hours, date _____ month ____ year
22 1
Opening of bid shall be done publicly at ____ hours, date ___ month ____ year
___, at __________
24 1
h) Other requirements: ___________
Section I Instructions to Bidders 21
2 A Bid shall be rejected if it does not meet any one of the following pre-requisites:
After having examined the Bidding Documents including addendum No.: [insert the number
and issuing date of each letter], We [insert complete name of Bidder] commit to supply
[insert a brief description of the Goods] in conformity with the Bidding Documents for an
amount of [insert the total bid price in words and figures, the respective currencies]with
detailed Price Schedule as attached.
If our bid is accepted, we commit to obtain a performance bond with the value equivalent to
___ % of the contract price in accordance with the Bidding Documents and commit to supply
Goods in conformity with the requirements in the contract.
Our bid is valid for _______ days, starting from ____ hours, date _____ month ____ year
____ [insert bid closing time]
FORM No. 2
FORM No. 3
FORM No. 4
FORM No. 5
2. List of Contracts of similar nature which were carried out in the last _____years
Bidders are to enclose herewith copies of documents relating to the mentioned contracts (attestation
letters by respective owners regarding the contracts which had been already carried out, any
certificates for high quality goods or projects, etc.)
FORM No. 6
2. List of Contracts of similar nature that are being carried out by the Bidder
Unit: __ (VND, USD)
No. Name of Contract Value Name of the Value of Effective Contract
contract Purchaser/Owner unfinished Date of Execution
work contract Period
1
2
3
Bidders are to enclose herewith copies of documents relating to the mentioned contracts (attestation
letters by respective owners regarding the on-going contracts, parts of work been finished, etc.)
2
IFB No.02-2005/PVD-WSE for the provision of tubing 4 ½”
FORM No. 7
b) Trading:
- _____________(2)_ from year _______ to
- ______________ from year _______ to
3. Products and quantity of the main business lines in the last___ years:
a) Production: __________
b) Trading: ______________
4. Total number of labors:
a) In Production: ___________ of which professionals /specialists:
b) In trading: ___________ of which professionals/specialists:
Note: (1) and (2) Bidder to specify its experience in each of its main product lines
Page 3 of 42
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FORM No. 8
2. Bidder shall provide a summary of financial data in the last 3 years together with copies of audited
financial reports (Balance Sheet and Profit and Loss Account) or bidder’s tax settlement declaration or
attestation of taxation authorities for bidder’s financial operation of the year.
Unit: __ ( USD)
No. Year _____ Year _____ Year _____
1 Total assets
2 Total liabilities
3 Current assets
4 Current liabilities
5 Turnover
6 Profit before tax
7 Profit after tax
8 Net worth
4
IFB No.02-2005/PVD-WSE for the provision of tubing 4 ½”
FORM No. 9
Bid Bond
(To be printed on the Bank’s Letterhead)
Place and date: ________________________
At the request of the Bidder, we, ________________ (name and address of the Bank) having head
office at ___________(address of the Bank) is bound to you in the sum of USD ... (In words: United
States Dollar only) to guarantee for the Bidder participating in bidding for supply of __________
under your Invitation for Bid No. _________
We, __________________ (name of the Bank) hereby irrevocably and unconditionally undertake to
pay you at any time within the validity of this Bid Bond up to the amount above stated upon receipt of
your first simple written demand without justification of the amount to be payable by the Bidder for
the following reasons:
1. If the Bidder withdraws his bid during the period of bid validity specified by the Bidder on
his bid.
2. If the Bidder, having been notified of your acceptance of his bid during the period of bid
validity:
a) fails or refuses to execute the contract;
b) fails or refuses to furnish the Performance Bond.
This Bid Bond will remain in force for _____ (________) days as from ....... (Bid Closing Date) or
until 30 (thirty) days after Contract Award notification whichever is the earlier. Any demand regarding
to this Bid Bond should reach us not later than such date.
This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.
Yours faithfully,
(Authorized signature)
Page 5 of 42
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FORM No. 10
Manufacturer’s Authorization
[The Bidder shall require the Manufacturer to fill in this Form in accordance with the instructions
indicated. This letter of authorization should be on the letterhead of the Manufacturer and should be
signed by a person with the proper authority to sign documents that are binding on the Manufacturer.
The Bidder shall include it in its bid, if so indicated in the BDS.]
Date: [insert date (as day, month and year) of Bid Submission]
IFB No.: [insert number of bidding process]
We [insert complete name of Manufacturer], who are official manufacturers of [insert type of goods
manufactured], having factories at [insert full address of Manufacturer’s factories], do hereby
authorize [insert complete name of Bidder] (hereinafter referred to as the Bidder) to submit a bid the
purpose of which is to provide the [insert name and or brief description of the Goods] manufactured
by us, and to subsequently negotiate and sign the Contract.
We hereby undertake to supply in full the above mentioned Goods to the Bidder to further supply to
you and hereby extend our full guarantee and warranty in accordance with the Contract, with respect
to the Goods offered by the Bidder.
Duly authorized to sign this Authorization on behalf of: [insert complete name of Bidder]
6
IFB No.02-2005/PVD-WSE for the provision of tubing 4 ½”
FORM No.11
BIDDER INFORMATION
[The Bidder shall fill in this Form in accordance with the instructions indicated below. No alterations
to its format shall be permitted and no substitutions shall be accepted.]
Date: [insert date (as day, month and year) of Bid Submission]
Invitation for Bid No.: [insert No of IFB]
Page 7 of 42
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FORM No. 12
ACKNOWLEDGMENT
Dear Sirs,
We acknowledge the receipt of your Invitation for Bid Documents for the above subject in accordance
with your Letter of Invitation.
1. The Invitation for Bid Documents will be treated as confidential and proprietary information.
2. The said Documents will not be reproduced without your prior written consent.
3. We will return the Invitation for Bid Documents and any copies to the above address on your
request.
4. a*) We have received all Invitation for Bid Documents as detailed in the Item 1 “Bidding
Documents” of its Section I.
b*) We have received all Invitation for Bid Documents with the exception of:
______________________________________________
Yours faithfully,
Signature : _____________________________
Name : _____________________________
For and on behalf of _____________________________
8
IFB No.02-2005/PVD-WSE for the provision of tubing 4 ½”
FORM No. 13
BIDDER’S QUALIFICATION/EXCEPTION
- Bidder should submit its Proposal in accordance with all the terms, conditions, standards and
specifications set forth in this Bidding Documents. However, if Bidder has any change that are
considered of mutual benefit or if there are any exceptions to the terms and conditions of the
Contract Form or any other part of this document, Bidder must state the changes or exceptions
proposed by filling in the following table;
- Statements of Bidder with regard to the qualifications shall be as follows (to delete a or b)
where not applicable):
a) We make no qualification to this Bid
b) This Bid is made subject to the qualifications listed below
- PV Drilling will review each changes or exceptions on a case-by-case basis, but in no event
shall Bidder’s base quotation be qualified by any such changes or exceptions nor will PV
Drilling be obligated to accept any such changes or exceptions.
- Any changes or exceptions to the Contract expressed after closing date of the Bid shall not be
entertained.
Page 9 of 42
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PART II
SUPPLY REQUIREMENTS
I. General Requirements:
1. Delivery time: Required delivery time is not later than …….weeks from the date of L/C
.
2. Terms of delivery: CIF Vungtau port, Vungtau city. S.R Vietnam. (Incoterms 2000).
3. Year of manufacture: All equipment must be brand new and manufactured not before
January 2005).
4. Bidder must quote for all items with quantity as per request.
- The Commodity shall be packed and delivered in original and standard packing for
export and suitable for the nature of the Commodity and sea transportation. The Seller
shall provide sufficient and suitable packing to ensure the safety of the Commodities
from damages, losses and corrosion during transportation, loading, unloading, handling
and storage of the Commodities
- Packing must be suitable for loading and unloading by crane, forklift.
- The Marking will be marked in indelible paint in English with character heights not less
than 5 centimeters consists as follows:
+ NAME OF GOODS
+ PV DRILLING
12 NAM KY KHOI NGHIA, HO CHI MINH CITY, VIETNAM
+ WEIGHT (KGS)
+ CONTRACT NO.
PORT OF SHIPMENT:
PORT OF DISCHARGE: Vung Tau Petroleum Port, Vung Tau City, Vietnam
SUPPLIER:
6.1 Certificate of Origin issued by Chamber of Commerce and Industry in the manufacturer’s
country.
6.2 Pipe material certificates issued by Pipe Manufacturer.
6.3 Threading Certificates issued by ……
6.4 Certificates of quantity and quality issued by Seller
6.5 Warranty certificates issued by manufacturer for 12 months for normal use from the date of
receipt of Commodities at the port of discharge for the supplied Commodities.
10
IFB No.02-2005/PVD-WSE for the provision of tubing 4 ½”
6.6 All technical documents such as technical data sheets, relevant catalog, operation and
maintenance instruction.
Page 11 of 42
IFB No.02-2005/PVD-WSE for the provision of tubing 4 ½”
Page 25 of 42
26
26
27
28
PART III
FORM OF CONTRACT
28