Project name: / e-Government Procurement PPP Project
Date of Issuance: / 23rd December 2015
Procuring entity / Public Procurement Agency
Ministry of Planning and Investment
Consultant for RFQ development / PricewaterhouseCoopers (Vietnam) Limited
DIRECTOR GENERAL
PUBLIC PROCUREMENT AGENCY
Signed and Stamped
Nguyễn Đăng Trương
Contents
INTRODUCTION 4
1. Overall Project Summary - The e-Government Procurement PPP Project 4
2. Project Background 4
3. Bidding process 5
4. Schedule of the pre-qualification process 6
PART I. PRE-QUALIFICATION PROCEDURE 7
CHAPTER I: GUIDANCE FOR INVESTORS 7
1. Pre-qualification contents 7
2. Investors’ eligibility 7
3. Key contents of the RFQ 7
4. RFQ clarification, site visit, pre-qualification conference 8
5. Amendment of RFQ 9
6. Pre-qualification fees 9
7. RFQ response language 9
8. Key contents of RFQ response 9
9. Pre-qualification application form 10
10. Proof for investor’s eligibility, capability, and experience 10
11. Validity period of the RFQ 10
12. Format and signing of RFQ responses 11
13. Sealing and envelop marking of RFQ responses 11
14. RFQ closing time 12
15. Late submission of RFQ response 13
16. Withdrawal, substitution or amendment of RFQ response 13
17. Opening of applications 13
18. Confidentiality 15
19. Clarification on RFQ 15
20. Relevant counterparties 16
21. RFQ response scoring 16
22. Shortlisting criteria 16
23. Disclosure of pre-qualification result 16
24. Settlement of dispute and complaints 16
CHAPTER II: DATA SHEET 17
CHAPTER III: RFQ RESPONSE EVALUATION PROCESSES AND CRITERIA 23
Section 1. Evaluation of the eligibility of RFQ responses 23
Section 2. Evaluation of financial capability and technical capability and experience 24
CHAPTER IV: RFQ RESPONSE TEMPLATES 36
A. LEGAL 37
TEMPLATE A01: RFQ Application Form 37
TEMPLATE A02: Power of Attorney 39
TEMPLATE A03. Joint-Bidding Agreement 40
TEMPLATE A04. Partners to implement the project 43
B. CAPABILITY AND EXPERIENCE 44
TEMPLATE B01: Investor’s Information 44
TEMPLATE B02: Information on Investor’s Key Financial Indicators 45
TEMPLATE B03: Guarantee of Financing and Credit Sources for Investors 47
TEMPLATE B04: Experience in the Last 5 Years 49
TEMPLATE B05: In-Progress Projects 52
TEMPLATE B06: Proposed Key Project Members 54
TEMPLATE B07: Previous Contract Non-fulfillment Records 56
TEMPLATE B08: Disputes in On-going Settlement (1) 57
TEMPLATE B09: Additional Relevant Capabilities 58
TEMPLATE B10: Investor’s View Point and Approach 59
PART II. PROJECT SUMMARY REPORT 61
CHAPTER V: PROJECT SUMMARY REPORT 61
A. Introduction to the project 61
B. Key Requirements of the Investor 62
1. Work Item and Capacity of the project 62
2. Location of the Project 64
3. Project Period 65
C. Additional commentary on the feasibility study 65
INTRODUCTION
1. Overall Project Summary - The e-Government Procurement PPP Project
1.1. The Public Procurement Agency, Ministry of Planning and Investment (hereinafter called the “Procuring entity”) with the transactional advisory assistance of PricewaterhouseCoopers (Vietnam) Limited (hereinafter called the “Transactional consultant”) hereby invites interested companies or consortia to submit pre-qualification applications ("RFQ response") to be qualified to bid on a Public Private Partnership ("PPP") tender involving designing, developing, installing, financing operating and maintaining e-government procurement system (hereafter “e-GP System” or the “Project”).
1.2. The e-GP system, when implemented, will be the primary route for the Government of Vietnam to procure goods, works, consulting services, non-consulting services, and others throughout Vietnam. In order to leverage the technical skills and expertise of the private sector, the Government has decided to execute this project under a PPP Contract.
1.3. In this PPP contract the selected private sector partner will design, develop, install, finance, operate, and maintain the e-GP system at their own expense and in return will be able to collect usage charges from the Government entities and suppliers that use the system for the duration of the contract.
1.4. The bidding for this project will be conducted in two phases; the first phase (RFQ) will allow the Government to consider applications from suitable investors or consortia who will then be shortlisted to receive the Request for Proposal (RFP) documents. Following the RFP process one qualified investor will be selected as the partner for the Government on this crucial project.
1.5. This document contains further details on the specifics of the project, detailed timelines for the bidding process and templates for investors to complete their RFQ submission.
2. Project Background
2.1. E-procurement has been recognised across the world as a leading concept to achieve efficiency, transparency and competitiveness in public sector procurement.
2.2. In Vietnam, “Application of e-commerce in government procurement” or the e-Government Procurement Project (e-GP Project) falls under the master plan of e-commerce development 2006-2010 (Decision 222/2005/QD-TTg dated 27 December 2005), the master plan of e-commerce development 2011-2015 (Decision 1073/QD-TTg dated 12 July 2010) and National Program on applying IT in state agencies for the 2011 – 2015 period (Decision No 1605/QĐ-TTG dated August 27, 2010). The Prime Minister approved the project and assigned MPI to take the main charge procure the project on behalf of the Vietnam Government.
2.3. The overall objective of the project is to apply IT and telecommunications advances to sustainably develop, manage and operate the national e-procurement network (The e-GP system) in order to manage procurement information and implementation of online bidding on a safe, competitive, transparent and economic effective way.
2.4. A pilot e-procurement system was developed and implemented in 2 phases, from 2009 – 2011 (phase 1) and 2012 – 2013 (phase 2). The pilot system was built at http://muasamcong.mpi.gov.vn, consisting of e-bidding, user management, information portal and PKI basis infrastructure system used for pilot phase.
2.5. Based on the result of the pilot phases and proposal of MPI, the Prime Minister issued the document No. 7019/VPCP-KTN dated October 10, 2011 approving the implementation of the eGP Project using thea Public – Private Partnership model. After completion of Feasibility study in 2013. PPA, as the e-GP PPP Project Management Unit, is now searching for a suitable, qualified investor to implement the project.
2.6. This project will be implemented using the DBFOMT (Design, Build, Finance, Operate, Maintain and Transfer) model of PPP contract and the payment mechanism is Service Users (Buyers and Sellers). The project is estimated to last for 13 years, covering two phases: e-GP installation (approximately 1.5 years) and e-GP operation and maintenance (approximately 11.5 years)
2.7. In the DBFOMT PPP contract model, the private investor(s) will be responsible for Design, Build, Finance, Operate, and Maintain of the system for the duration of the contract and transferring back to the Government following the successful completion.
2.8. The system requires installation of 11 sub-systems: Portal; User Management; Call Center; e-Bidding, e-Shopping Mall, e-Contract, e-Payment; Item list; e-Document; Supplier’s Performance Management; e-Guarantee
2.9. DBFOMT PPP contract model allows private investors to be flexible in designing and building the system based on existing infrastructure and their own IT system with detailed technical specifications for output regulated in PPP contract.
3. Bidding process
3.1. The investor selection is conducted first by a pre-qualification of potential investors and then by a bidding process to select one qualified investor.
3.2. The qualification stage aims to evaluate general financial capability and project-related experiences of interested investors who make an application RFQ response. At the end of this stage the procuring entity will publicise a list of pre-qualified investors who meet the requirements of this RFQ and shall be eligible to participate in the second phase.
3.3. The bidding stage intends to assess pre-qualified investors in greater detail, typically including technical solution, business plan and legal compliance.
3.4. Following the bidding stage the procuring entity, with assistance of a transactional advisor, will conduct negotiation with investors in the approved selection list to finalise and award the contract to the most suitable and qualified investor/ consortium.
3.5. After the issuance and before the closing of RFQ and RFP, pre-qualification and bidding conference will be conducted respectively where procuring entity will answer all question and queries from investors regarding to the preparation of those documents.
4. Schedule of the pre-qualification process
No. / Stage / Timeline1 / Announcing the pre-qualification / Friday 18th December, 2015
2 / Issuing RFQ documents. / Wednesday 23rd December, 2015
3 / Pre-qualification conference / Thursday 7th January, 2016
4 / RFQ closing time / Wednesday 03rd February, 2016
PART I. PRE-QUALIFICATION PROCEDURE
CHAPTER I: GUIDANCE FOR INVESTORS
1. Pre-qualification contents
1.1 The procuring entity with name and address as defined in Data Sheet invites investors to submit RFQ response as prescribed in Chapter V - Project summary report.
1.2 Total estimated investment for the Project is prescribed in Data Sheet.
1.3 Requirements on equity and investor’s debts are defined in Data Sheet.
1.4 Basic information on the project is specified in Data Sheet.
2. Investors’ eligibility
2.1 An Investor (independent or each member of the consortium) is eligible when satisfying the following conditions:
a) Have business registration certificate, establishment decisions or documents of equivalent value issued by the competent authorities of the country where the investor operates;
b) Conduct accounting activities as a separate and independent entity;
c) Not in the process of dissolution; bankruptcy or insolvency as defined by law;
d) Can ensure competitiveness in bidding as prescribed in Data Sheet;
e) Not in bidding prohibited period as defined in the Law on Procurement;
f) Other conditions as prescribed in Data Sheet.
3. Key contents of the RFQ
3.1 The RFQ consists of an Introduction, Part 1, Part 2 along with a customised data sheet as defined in the Paragraph 5 Guidance for Investors (if any). The RFQ specifically includes the following contents:
Introduction
Part I. Pre-qualification Procedure
- Chapter I. Guidance for Investors;
- Chapter II. Data Sheet;
- Chapter III. RFQ responses evaluation processes and criteria;
- Chapter IV. RFQ response templates;
Part II. Project summary report
- Chapter V. Project summary report;
3.2 Notice of invitation for pre-qualification issued or provided by procuring entity is not a part of the RFQ.
3.3 Procuring entity is not responsible for the accuracy and completeness of RFQ, RFQ clarification, pre-qualification conference minute (if any) or documents amending RFQ which are not provided by procuring entity as defined in Paragraph 5 Guidance for Investors.
3.4 Investors must examine all guidance, forms, summary reports and other requirements in RFQ to create their RFQ responses with all required information and documents mentioned in the RFQ.
4. RFQ clarification, site visit, pre-qualification conference
4.1 If in need of RFQ clarification, investors must submit a written clarification request to the procuring entity address as prescribed in Paragraph 1.1 Guidance for Investors or ask questions in the pre-qualification conference (if any) as defined in Paragraph 4.4 Guidance for Investors. When the procuring entity receives RFQ clarification request at least several days before bid closing time as defined in Data Sheet, the procuring entity must provide written reply documents to all RFQ clarification requests. The procuring entity will provide a written clarification for all investors, including description of RFQ clarification request content but not specify the name of the investor asking for clarification. In case the clarification leads to amendment of RFQ, procuring entity must amend RFQ as prescribed in Paragraph 5 Guidance for Investors.
4.2 Investors can conduct project site visits as well as other relevant sites and take their own responsibility for researching all relevant information to create RFQ responses. All site visit fees are paid by investors.
4.3 Procuring entity allows investors and investors’ counterparties to access project site for the site visit purpose under the condition that investors and investors’ counterparties conduct liability exemption for procuring entity regarding site visit. Investors and investor’s counterparties will take responsibility for their own risks such as accidents, losses and property damages and any costs incurred from site visit. If needed, procuring entity will instruct investors in site visit as prescribed in Data Sheet.
4.4 If needed, procuring entity will hold pre-qualification conference as prescribed in Data Sheet. The conference is to explain, clarify issues and answer RFQ-related questions. To facilitate procuring entity in replying RFQ clarification request, investors should send requests for clarification to procuring entity before pre-qualification conference day.
Pre-qualification conference content will be documented by procuring entity, specifying questions asked by investors, but not investors’ name, and answers by procuring entity. Clarification content will be documented and sent to all investors who have received RFQ from the procuring entity. Pre-qualification conference minute is not the amended RFQ document. Absence from pre-qualification conference is not the reason to disqualify investors. In case that RFQ needs to be amended after pre-qualification conference, procuring entity will issue amended RFQ as prescribed in Paragraph 5 Guidance for Investors.
5. Amendment of RFQ
5.1 RFQ amendment is conducted before bid closing time by issuing amended RFQ and regarded as a part of RFQ.
5.2 Documented amendments to RFQ and approval decision by authorised person will be sent to all investors who have received RFQ from procuring entity.
5.3 Documented amendment to RFQ is sent to investors having received RFQ by prescribed time in Data Sheet. For investors to have enough time to amend RFQ response, procuring entity can extend the bid closing time prescribed in Paragraph 14.2 Guidance for Investors. Investors must notify the procuring entity by writing on their receipt of amended RFQ in one of following ways: direct, by post mail, fax or email.
6. Pre-qualification fees
Investors should bear all costs related to the preparation and submission of RFQ response documents. In any case, the procuring entity shall not be liable for any costs related to the investors’ participation in pre-qualification.
7. RFQ response language
RFQ response as well as letters and relevant materials of RFQ response between investors and procuring entity are written in language prescribed in Data Sheet.
8. Key contents of RFQ response
RFQ response prepared by investors must include the following contents: