tender data sheet

Chapter II
TENDER DATA SHEET

The Tender Data Sheet shall include the detailed contents of the tender package according to some corresponding items in Chapter I (Requirements for Tender Procedures). Whenever there is a variance to the corresponding contents in Chapter I, the provisions in this Chapter II shall prevail.

Item

Clause

Contents

1

1

Name of tender package: Supply of combination vaccine for the prevention of Diphtheria, Pertussis – Tetanus – Hepatitis B – Haemophilus Influenza type b (DPT-VGB – Hib)
Name of project: Expanded Vaccination
Name of tender solicitor: National Institute of Hygiene and Epidemiology

 

2

Contract performance duration: not more than 3 (three) months from the effective date of the contract

 

3

Source of funds to implement the tender package: 2011 state budget

2

1

Eligibility of tenderer: The applicant tenderer must have the following legal documents:
– Business Registration Certificate
– Investment License
– Decision of Establishment or legitimate registration of operation.

The tenderer must be an organization with civil legal capacity,
– having an independent economic accounting,
– not being concluded by an authoritative organ as having unhealthy financial status, being on the verge of bankruptcy, suffering accumulated debt to the point of insolvency, in the process of dissolution.

 

4

– Guarantee of competitiveness in tender: N/A

3

1

Other requirements on goods’ legitimacy

-The vaccine has obtained circulation permit from Vietnam Ministry of Health. The permit must be still in valid duration at least 03 months counted from the opening time of tender.

-The vaccine has clear origins regarding its manufacturer (the goods being manufactured locally)

-The vaccine has clear origins regarding its manufacturer, country of manufacturing, importer and distributor in Vietnam (the goods being imported with finish processing in Vietnam)

5

2

Address of tender solicitor: Expanded vaccination Project, National Institute of Hygiene and Epidemiology (NIHE), No 1 Yersin street, Hanoi

Telephone: 04.38213764 – Facsimile: 04.38213782

-Deadline for request for any explanation/ receipt of clarifications on the Tendering dossier (TD): not less than 05 days before the closing time of tender

6

 

Modifications to the tendering dossier (if any) shall be sent by the tender solicitor to all tenderers at least 05 before the closing time of tender.

7

 

Language used: Vietnamese is used throughout the whole tendering process (including dossiers, materials and documents). Any document in other languages must be enclosed with a Vietnamese translation. The translation must be carried out by an accredited person or organisation as regulated by Vietnam’s law

8

6

Other contents : N/A

9

 

The change of person (name) participant to the tender is made when this is approved by the tender solicitor via direct sending of written notice to the tenderer.

10

 

Documents, papers to evidence the eligibility of an authorized person shall include: the company’s statutes, decision of the affiliates, decision of appointment

11

1

Type of contract: whole package contract
Tender price is the delivery price at the NIHE, inclusive of VAT

 

2

– In the price list, tenderer must break down the offer prices into their respective components in accordance with the following requirements:
– For locally manufactured, locally processed goods, use Form No. 4
– For goods manufactured, processed in foreign countries, use Form No. 5
– For goods manufactured, processed in foreign countries, imported and marketed in Vietnam, use Form No. 6

 

4

Parts of the tender package: N/A

 

5

Incoterms: Year 2000

12

 

Currency in tendering: Vietnam dong

13

1

a) Documents evidencing the tenderer’s eligibility:
– Certified photocopy of permit for company establishment issued by a competent organ. This permit must be still in valid duration at least 03 months from the date of tender opening
-Certified photocopy business license duly issued to the type of goods in offer by a competent organ. This license must be still in valid duration at least 03 months from the date of tender opening

 

2

Other documents evidencing the capabilities and experiences of the tenderer: N/A

14

2

Documents evidencing the goods’ qualification:

   

a. for imported goods
– Permit for sales of goods by the manufacturer (use Form No. 14)
– Documents on standards, features, technical data of the goods by the manufacturer
-The tender winning unit must provide the listed / relisted price that are still valid
-Original catalogue by the manufacturer.
a. for locally manufactured goods
– Documents on standards, features, technical data of the goods, enclosed with their original catalogue by the manufacturer.
– Goods quality certificate issued by competent organ(s)

15

1

Contents of requirements on tender guarantee:
– Mode of tender guarantee: tenderer can choose either one of the following two modes of tender guarantee”
-Cash deposit or money transfer into the account No:
061-1-00-1529922
Vietnam Foreign Trade Bank, Badinh branch
Address: 39 Dao Tan street, Badinh, Hanoi
– Bank sponsorship by the bank at which the tenderer has an account (Form 10)
-Value and currency of the tender guarantee:
– Value: 500,000,000 Vietnam Dong ( five hundred million Vietnam dong)
– Validity of tender guarantee: 120 days starting from closing time of tender.

 

3

Time of return of tender guarantee to the unsuccessful tenderer: within 15 working days from the announcement of tender results

16

1

The duration of validity of tender offer is 90 days starting from the closing time of tender

17

1

Number of tender offer copies to submit:
-01 original copy
-03 photocopies (duly marking ‘photocopied’)

18

 

Layout of information on the tender offer’s envelope:
Tenderer must write clearly and legibly the following information on the tender offer’s envelope:
– Tenderer’s name, address, telephone at the upper left corner of the envelope
– ATTENTION: Expanded vaccination Project, National Institute of Hygiene and Epidemiology (NIHE), No 1 Yersin street, Hanoi
– Write clearly in capitals the name of the tender package that the tenderer participate and the words “DO NOT OPEN TENDER OFFER BEFORE .. HOUR .. DATE .. MONTH .. YEAR .. “(according to the tender opening time).
– In case of an modification of the tender offer, the line “TENDER OFFER MODIFIED” must be added on top of the said contents.

19

1

Closing time of tender: 14:00 on 18 July 2011
Public tender opening will be conducted at 15:00 on 18 July 2011 at the National Institute of Hygiene and Epidemiology (NIHE), No 1 Yersin street, Hanoi

24

1

Other requirements: N/A

 

2

Tender offers fallen into one the following unsatisfactory conditions shall be rejected:

(a) Tenderer name not found in the list of tendering dossier purchasers, except for case of change of tender person as regulated at Section 9.

(b) Tenderer not securing tender eligibility as regulated in Clause 1 of Section 2 and Clause 1 of Section 13 BDL

(c) Tenderer does not provide tender participation guarantee or such guarantee is not compatible with the regulations stated at Clause 2, Section 15 of Chapter 1

(d) Tenderer can not produce the original tender offer

(đ) Tender application invalid by regulations in Section 10, Chapter I

(e) Validity period of tender offer not meeting the requirements specified at Clause 1 of Section 16 BDL

(g) Tender offer without fixed price, or offered at several price levels plus unfavourable conditions to the investment owner.

(h) Tenderer appearing in more than two tender offers as main contractor (independent tenderer or member of a partnership)

(i) Tenderer violating any of the prohibited behaviours during the tender process as regulated in Article 12 of Law on Tender and Clauses 3 and 21 of Article 2 of Law on Amendment.

(k) offer price exceeding the listed/ re-listed price in valid period

29

 

Convertible currency: Vietnam dong at transfer selling rate as quoted by Bank for Foreign Trade of Vietnam on the opening date of tender.

34

2

Tenderer must send a written acceptance to the tender solicitor for negotiation and finalization of a contract with 05 days after being advised as winner of the tender.

36

1

(a) Address to send petitions/ proposals:
Address of the tender solicitor:
Expanded Vaccination project, National Institute of Hygiene and Epidemiology
No. 1 Yersin Street, Hanoi
Telephone: 04.38213764 – Facsimile: 04.38213782
– Address of the investment owner: National Institute of Hygiene and Epidemiology
No. 1 Yersin Street, Hanoi

Telephone: 04.39716353 – Facsimile: 04.39717101

– Address of investment decision maker: Ministry of Health.
138 Giang Vo Street, Hanoi

(b) Standing committee of Advisory Council, address receiving petitions:

Ministry of Health.
138 Giang Vo Street, Hanoi

Chapter III

EVALUATION STANDARS and CONTENTS OF DETERMINATION OF PRICE FOR COMPARISON

Section 1. Evaluation standards on the tender’s capabilities and experiences (1)

Evaluation standards on the tender’s capabilities and experiences shall use two markings “PASSED” and “NOT PASSED”. A tenderer must pass all the three requirements indicated at points 1, 2 and 3 in the following table, and as such shall be assessed as meeting the requirements on capabilities and experiences. The points 1, 2 and 3 shall be deemed passed when all detailed contents of each point are taken as satisfactorily passed

Evaluation standards on the tender’s capabilities and experiences consist of the following contents:

No.

Content of requirements

Minimum level to be considered satisfactory (“PASSED”)

1

Experiences

– Number of contracts similar to that in this tender package that the tender has implemented as a main- or sub-contractor in Vietnam or abroad in recent 03 years

-Number of years operating in manufacturing or trading business as the main activity

At least 03 contracts
At least 03 years

2

Business and manufacturing capabilities:

-Quantity, types, turnover over products of main trading business or manufacturing in recent 03 years

Vaccines being among the main products of trading business or manufacturing of the supplier/ manufacturer with a total production/trading not less than 500,000 doses/ year

3

Financial capability

 
 

3.1 Turnover

 
 

Yearly average turnover in recent 3 years

60 billion VND/ year

 

3.2 Healthy financial status
(a) tender’s number of year of operation without loss in the period of required financial report as stipulated in Clause 3.1 of this Section
(b) short-term debt solvency ratio
(c) net value

03 years
attaining > 1
positive value

Section 2. Evaluation standards on technical capabilities

Evaluation standards on technical capabilities shall use two markings “PASSED” and “NOT PASSED”.

No.

Content of requirements

Passed

Not passed

1

SUPPLY RANGE

   
 

1. Type and quantity

502,100 (five hundred two thousand and one hundred) doses of combination vaccine for the prevention of Diphtheria, Pertussis – Tetanus – Hepatitis B – Haemophilus Influenza type b (DPT-VGB – Hib)

less than 502,100 (five hundred two thousand and one hundred) doses of combination vaccine for the prevention of Diphtheria, Pertussis – Tetanus – Hepatitis B – Haemophilus Influenza type b (DPT-VGB – Hib)

2

TECHNICAL PARAMETERS OF THE GOODS

 

2. Type of vaccine

completely liquid combination vaccine

not completely liquid combination vaccine

 

3. Packaging method

-Clear (no-colour) transparent glass bottles with single dose
-Packaged in accordance with manufacturer’s specification, with Vietnamese directions for use in every box container, marked with the words “Vaccine use in the Expanded Vaccination Programme. Not for sale”

-coloured, not transparent glass bottles, with multiple dose in one bottle
– Package compatible with manufacturer’s specification, without Vietnamese directions for use in box container. Without markings of “Vaccine use in the Expanded Vaccination Programme. Not for sale”

 

4. Hib recognition

Positive

Negative

 

5. Tetanus toxicity range recognition

Positive

Negative

 

6. Diphtheria toxicity range recognition

Positive

Negative

 

7. Pertussis toxicity range recognition

Positive

Negative

 

8. HBV toxicity range recognition

Positive

Negative

 

9. Sensory appearance

White opaque liquid

Not white opaque liquid

 

10. Volume inside container

Not less than 0.5 ml

Less than 0.5 ml

 

11. Dust presence

No dust

Presence of dust

 

12. pH

6.0 – 7.0 (potential measurement)

not within 6.0 – 7.0 range (potential measurement)

 

13. Aluminium content

0.48 –0.72 mg/l

outside of 8 –0.72 mg/l range

 

14 Thiomersal content

Not greater than 12.o µg/ml

greater than 12.o µg/ml

 

15. Sterility

Absence of viruses, fungi, mycoplasma

Presence of viruses, fungi, mycoplasma

 

16. Free saccharide content

not greater than 25%

greater than 25%

 

17. Total saccharide content (basic ribitol)

16 –24 µg /l

outside of 16 –24 µg/l range

 

18. Abnormal toxicity

Non toxic

Toxic

 

19. Tempo of supply

Not more than 03 month from date of contract signing

More than 03 month from date of contract signing

 

20. Expiry duration

Vaccine upon delivery to “Expanded Vaccination” project must remain in at least 2/3 of its expiry duration

Vaccine delivered shall would be less than 2/3 of its expiry duration

 

21. Preservation

DPT-Hep B- Hib Vaccine being preserved in refrigerated storage in strict accordance with the World Health Organisation throughout the duration of shipment

Preservation of DPT-Hep B- Hib Vaccine during shipment not in accordance with World Health Organisation

 

22. Vaccine quality

Vaccine must be pre-qualified by the World Health Organisation to be supplied via the UN

Vaccine not going through pre-qualification by the World Health Organisation to be supplied via the UN

3

EVALUATION

All 22 contents are passed

Any one the 22 contents does not pass

REMARKS:

One tender offer is evaluated as “PASSED” deemed satisfactory in meeting the technical requirements (the basic requirements of the tendering dossier), shall be introduced in the short-list and moved on to the financial and commercial evaluation and the determination of the price for comparison.

Section 3. Contents of determination of the price for comparison.

No.

Content

Basis for verification

1

 

According to Section 26 of Chapter I

2

 

According to Section 27 of Chapter I

3

 

According to Section 28 of Chapter I

4

 

Sum of content values (1) +(2) +(3)

5

 

Content value (4) – Rebated value (if any)

6

 

According to Section 29 of Chapter I

7

 

According to Section 26 of Chapter I

8

Price for comparison

Sum of content values (5) or (6) [in case of required conversion of tender price after error correction and disparity adjustment for the common currency] + content values (7)

     

Chapter IV

TENDER OFFER SAMPLE


FORM No 1

TENDER APPLICATION LETTER

Date _ _ Month _ _ Year

Attention: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [the tender solicitor name]
(hereafter “the Tender Solicitor”)

After studying the tendering dossier (HSMT) and its modified dossier No. _ _ _ _ _ _ [ write the number of the modified version, if any] that we have received; We hereby, [name of tender] pledge to supply the tender package [name of tender package] in strict accordance with all requirements by the tender solicitor, of the total amount _ _ _ _ _ _ [Write the amount value in number, in words, and currency of tender (1) enclosed with a price list. The duration of the contract performance is _ _ _ _ _ _ [Write the time to implement all the works required by the tender package]

If our tender offer is accepted, we would carry out the tender guarantee as stipulated in Section 35 of Chapter I and Article 5 of the General Provisions of the tendering dossier’.

This tender offer shall be valid in the time duration of _ _ _ _ day(s) starting from _ _ _ _ hour of date _ _ month _ _ year _ _ [write the time and date of tender closing time]

Legal Representative of the Tender (2)

[the name, position, signature and seal, if any(3)]

REMARKS:

(1) In case the tendering dossier accepts offer in various currencies, the tender need to specify clearly the amount in number and in words and in the currency as offered by the tender

(2) In case the legal representative of the tender delegate their subordinate to sign the tender application letter, a letter of authorisation as in Form No 2, must be enclosed. In case the company statutes or other regulations assign the signing to a subordinate, then this instrument must be enclosed (no letter of authorisation of Form No 2 of this Chapter is needed)

In case of winning the contract, tender must produce to the investment owner all the certified copies of these documents prior to the signing of any contract. In the event of revelation that the initially declared information is not correct, the would-be tender shall be deemed as violating Clause 2 of Article 12 of the Law of Tender, and shall therefore be treated as regulated at Section 37 of Chapter I of this tendering dossier (HSMT)

(3) In case a foreign tender without an accredited seal, other evidences by a competent organisation must be supplied to prove that the signatures in the tender application letter and other documents of the tender offer belong to the legitimate representative of the tender.


FORM No 2

LETTER OF AUTHORISATION (1)

Today, date _ _ month _ _ year, at _ _ _ _

I, the undersigned: _ _ _ _ _ _ _ _ _ _ _ _ _ [name, ID or passport number, position of the legal representative of the tender], being the legal representative of _ _ _ _ _ _ _ _ _ _ _ _ [name of tender] with registered address at _ _ _ _ _ _ _ _ _ _ _ _ _ [address of tender] by way of this letter, authorises _ _ _ _ _ _ _ _ _ _ _ _ _ [name, ID or passport number, position of the authorised person] to implement the following duties in the process of participating in the competition for the tender package _ _ _ _ _ _ _ _ _ _ _ [name of tender package], belonging to project _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [name of project] organized by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [name of tender solicitor]:

– Signing the tender application letter,

-Signing official papers, documents to transact with the tender solicitor in the process of participating in the tender, including the request for clarifications on the tendering dossier (HSMT) and the explanatory notice regarding the tender offer (HSDT),
-Participating in the process of negotiation and finalisation of contracts,
– Signing proposals, petitions when need be,
-Signing the contract with the investment owner in case of being selected](2)

The above authorised person shall only carry out the duties in the scope of authorisation as the legal representative of the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [name of tender]. [Name of tender] shall be fully accountable for all the duties carried out by _ _ _ _ _ _ _ _ _ _ _ _ _ [name of the authorised person] in the scope of authorisation.

This letter of authorisation is valid from date _ _ _ to date _ _ _ (3). This letter is made into _ _ _ copies of the same legal validity, the authorising person keeping _ _ _ copies, the authorised person keeping _ _ _ copies.

The authorised person
(Name, position, signature and seal, if any)

The authorising person
(Name of legal representative of the tender, position, signature and seal)

REMARKS:

(1) The original copy of letter of authorisation must be sent to the tender solicitor together with the tender offer as regulated at Section 10, Chapter I, The authorisation from the legal representative of the tender to his or her deputy, subordinate, branch manager or head of representative office is to act in the name of this legal representative of the tender to implement one or several duties mentioned above. The seal used in the authorisation can be either that of the tender or the of unit of the concerned authorised person . The authorised person is not allowed to further delegate this authorisation to another person.

(2) Scope of authorisation includes one or several duties said above.

(3) The validity of the letter of authorisation commences and expires in compatibility with the process of participation in the tender.


LEGAL REPRESENTATIVE OF THE HEAD MEMBER OF THE PARTNERSHIP

FORM No 3

AGREEMENT OF PARTNERSHIP

Date _ _ Month _ _ Year

Tender package: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [ name of tender package]
Belonging to project _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [name of project]
– Pursuant to (2) _ _ _ _ _ _ _ _ _ _ _ _ [ Law of tender No 61/2005/QH11 dated 29/11/2005 by the National Assembly];
– Pursuant to (2) _ _ _ _ _ _ _ _ _ _ _ _ [ Law on the amendment and supplement of some provisions of the law regarding capital construction investments No 38/2009/QH12 dated 19/06/2009 by the National Assembly];
– Pursuant to (2) _ _ _ _ _ _ _ _ _ _ _ [Decree No 85/2009/NĐ-CP dated 15/10/2009 by the Government providing the guidelines for the implementation of the Law on Tender and the selection of construction tenderers in accordance with the Law of construction]

– Based on the tendering dossier for the tender package _ _ _ _ _ _ _ _ _ _ [name of package] of date _ _ month _ _ year _ _ [date of tendering dossier]

We, representing the parties for the signing of this agreement of partnership, are the following partners:
Names of members of the partnership _ _ _ __ _ _ [ name of every partner]
Represented by Mr/ Mrs _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Position: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Telephone _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Facsimile: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
E-mail _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Account _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tax code _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Letter of authorisation No. _ __ __ _date _ _ month _ _ year _ _ [in case of authorisation]
The parties (hereafter “the partners”) unanimously concur on signing the partnership agreement with the following terms and conditions:

Article 1: General provision

1. All partners voluntarily establish the partnership to participate in the tender package _ _ _ _ _ __ _ [ name of tender package], belonging to project _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [name of project]
2. All partners agree to use, as the partnership’s designation in every transaction in connection with this tender package, the following name: _ _ _ _ _ _ _ _ _ _ _ _ _ [name of partnership as concurred]
3. The partners pledge not to participate, by his or her own will, or in alliance with other partners in an independent manner, to this tender package. In case of winning the tender, no partner can deny the responsibilities and obligations as stated in the agreement, unless with a written consent by all parties of the partnerships. If a partner fails to preform his or her own responsibilities, this partner shall have to:
– pay damages to other parties in the partnership
– pay damages to the investment owner as stipulated in the agreement
– other penalty [specify the penalty]

Article 2: Assignment of responsibilities

To implement the tender package _ _ _ _ _ _ _ _ _ _ _ [ name of tender package], belonging to project _ _ _ _ _ _ _ _ _ _ _ _ _ [name of project], the partners agree to assign responsibilities to each individual partners as follows:

1. The head of partnership: the parties agree to delegate to _ _ _ _ _ _ _ _ _ _ [name of one party] to be head-partner and represent the partnership in the following duties (1)

-Signing the application form to participate in the tender,
-Signing official papers, documents, to transact with the tender solicitor in the process of participating in the tender, including the request for clarifications on the tendering dossier (HSMT) and the explanatory notice regarding the tender offer (HSDT),
-Participating in the process of negotiation and finalisation of contracts,
– Signing proposals, petitions when need be,
-Other task or duties (other than signing contracts) [Specify other duties, if any]

2. All partners in the partnership: [Specify job components and their corresponding values, individual and common responsibilities, including the partnership head, preferably with the respective percentage.

Article 3. Implementation effect of agreement

1. This agreement of partnership takes effect from the signing date.

2. The agreement of partnership shall cease to have effect in the following situations:
– the parties have completed all their responsibilities and obligations and proceed to liquidity the agreement
– the parties agree to terminate this partnership agreement
– the partnership tender does not win the tender package.

– Cancellation of the tender package _ _ _ _ _ _ _ _ _ [ name of tender package], belonging to project _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [name of project] announced by the tendering solicitor.

This partnership agreement is made into _ _ _ copies, each party keeps _ _ _ copies. All copies have the same legal validity’

LEGAL REPRESENTATIVE OF THE HEAD MEMBER OF THE PARTNERSHIP

[List down each and every partner’s full name, position, signature and seal, if any]


(1) the scope of authorisation include one or several duties mentioned above.

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