REQUEST FOR QUALIFICATION 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 1 Contents 4 INTRODUCTION 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 7 PART I. PRE-QUALIFICATION PROCEDURE 7 CHAPTER I: GUIDANCE FOR INVESTORS 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 36 CHAPTER IV: RFQ RESPONSE TEMPLATES 37 A. LEGAL 2 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 65 C. Additional commentary on the feasibility study 3 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 egovernment 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, nonconsulting 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 4 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 eprocurement 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, ePayment; Item list; e-Document; Supplier’s Performance Management; eGuarantee 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 5 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 Timeline 1 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 6 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; 7 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 8 answers by procuring entity. Clarification content will be documented and sent to all investors who have received RFQ from the procuring entity. Prequalification 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: 8.1 Pre-qualification application form as defined in Paragraph 9 Guidance for Investors; 8.2 Power of Attorney under TEMPLATE A02 Chapter IV (if needed); 8.3 Joint-bidding agreement in case of investors in consortium under TEMPLATE A03 Chapter IV; 9 8.4 Investors’ eligibility, capability and experience proof as prescribed in Paragraph 10 Guidance for Investors; 8.5 Proof of eligibility for signatory of pre-qualification application form in Paragraph 9 Guidance for Investors; 8.6 Other contents in Data Sheet (if any). 9. Pre-qualification application form 9.1 For independent investors, pre-qualification application form must be prepared as in TEMPLATE A01 in Chapter IV- Templates of RFQ response, signed and sealed (if any) by the legal representative of the investors (representative by law of the investors or legal procurator; in case of authorisation, investors must attach the Power of Attorney under TEMPLATE A02 Chapter IV - Templates of RFQ response or the copy of enterprise charter, certified establishment decision of agency or other proof of authority of the procurator). 9.2 For investors in bid consortium, pre-qualification application form must be prepared as in TEMPLATE A01 in Chapter IV- Templates of RFQ response, signed and sealed (if any) by the legal representative of each members in the bid consortium or by representative member of the consortium only if responsibility is stated in the joint-bidding agreement 10. Proof for investor’s eligibility, capability, and experience 10.1 Proof for investor’s eligibility as prescribed in Data Sheet. 10.2 Proof for investor’s capability and experience: a) Investors’ capability and experience as prescribed in the Templates in Part B Chapter IV- Templates of RFQ response b) Other proof as prescribed in Data Sheet (if any). 11. Validity period of the RFQ 11.1 RFQ response’s validity period must not be shorter than the time prescribed in Data Sheet. RFQ response with shorter validity period shall not be considered and evaluated. 11.2 If necessary, procuring entity may request investors to extend the validity period of the RFQ response before the expiration date. If an investor refuses to extend the validity period for the RFQ response, it shall no longer be considered. Investors who agree to extend the validity of the RFQ response are not allowed to change any contents of the RFQ response. The extension request and agreement or refusal must be written in documents. 10 12. Format and signing of RFQ responses 12.1 Investors must prepare the number of original version and copies of RFQ response by prescribed in Data Sheet. On the cover page, it is required to state “ORIGINAL RFQ RESPONSE”, “COPY OF RFQ RESPONSE”. In case of amended RFQ response, investors must prepare 01 original version and some copies of RFQ response by the prescribed number in Data Sheet. On the cover page, it is required to state “ORIGINAL AMENDED RFQ RESPONSE”, “COPY OF AMENDED RFQ RESPONSE”, “ORIGINAL REPLACEMENT RFQ RESPONSE”, and “COPY OF REPLACEMENT RFQ RESPONSE”. 12.2 Investors are liable for the consistency of the original and copied versions. In case of discrepancy between the original and copied versions, it will be resolved as prescribed in Data Sheet. 12.3 The original version of RFQ response must be typed or written in indelible ink, its pages are numbered consecutively. Pre-qualification application form, RFQ response clarification documents (if any) and other templates in Chapter IV must be signed and sealed by legal representative of the investor or legal procurator (if any), in case of authorisation, the Power of Attorney under TEMPLATE A02 Chapter IV or the copy of enterprise charter, certified establishment decision of agency or other proof of authority of the procurator are submitted with RFQ response. 12.4 In case of investors in consortium, RFQ response must contain signatures of legal representatives of all members under the joint-bidding agreement. To ensure that all partnership members should be legally bound, joint-bidding agreement must contain signatures of legal representatives of all members. 12.5 Inserted words between the lines, erased, or overwritten words are regarded as legal if there is a signature of pre-qualification application form signatory beside or in the same page. 13. Sealing and envelop marking of RFQ responses 13.1 RFQ response envelop contains the original version and copies of RFQ response, must be stated clearly “REQUEST FOR QUALIFICATION RESPONSE” on the cover. In case investors amend or substituted RFQ response, amended RFQ response, replacement RFQ response (including both original version and copies) must be contained in envelop that is stated clearly “AMENDED REQUEST FOR QUALIFICATION”, “REPLACEMENT REQUEST FOR QUALIFICATION” on the cover. Envelopes containing RFQ response, amended RFQ response, and replacement RFQ response must be sealed. Sealing process is specified by each investor. 11 13.2 On the envelope it is required to specify the following information: a) Investor name and address; b) Recipient name is the Procuring entity name as prescribed in Paragraph 1.1 Guidance for Investors; c) Project name as prescribed in Paragraph 1.4 Guidance for Investors; d) Warning line: “Do not open before bid opening time”. 13.3 In case RFQ response contains several documents, the investor needs to pack the whole documents in way that ensures convenient reception and storage of RFQ response, ensures the integrity of RFQ response to avoid loss or missing. 13.4 Investors must bear all consequences or inconveniences if not complying with this requirement of RFQ such as not sealing or losing the seal in the delivery process to procuring entity, or not writing correct information on the RFQ response envelop as prescribed in Paragraph 13.1 and 13.2 Guidance for Investors. The procuring entity shall not be liable for data security of RFQ response if investors do not comply with these above requirements. 14. RFQ closing time 14.1 Investors can submit in person or by post RFQ response to the procuring entity address as prescribed in Paragraph 1.1 Guidance for Investors but must ensure the procuring entity receives it before the RFQ closing time as prescribed in Data Sheet. Procuring entity receives RFQ responses of all investors before the RFQ closing time, even in cases where investors have not bought or received RFQ directly from procuring entity. In case investors have not bought RFQ, they have to pay an amount prescribed in the Data Sheet to the procuring entity before RFQ response is received. 14.2 Procuring entity could extend the RFQ closing time in the event of amending RFQ as prescribed in Paragraph 5 Guidance for Investors. When extending the RFQ closing time, all liabilities of the procuring entity and investors under the previous RFQ closing time will be adjusted according to the newly extended RFQ closing time. 14.3 When extending RFQ response submission deadline, procuring entity shall notify by writing to the investors who have received RFQ or submitted RFQ response, also post the extension notice of RFQ response submission deadline on the national procurement online system and Bidding newspaper (including in English for international bidding). When notifying, procuring entity shall specify the new RFQ response submission deadline so that investors can have enough time to amend RFQ response under new requirements. Investors who have already submitted RFQ response can take it back until the response submission deadline to amend their RFQ response. 12 In case investors have not received RFQ response back or do not take it back, procuring entity shall treat it as “confidential” document. 15. Late submission of RFQ response Procuring entity shall not take late submitted RFQ response into consideration after RFQ closing time. Any RFQ response that procuring entity receives after RFQ closing time will be announced as late submission, disqualified and returned in original condition to investors. 16. Withdrawal, substitution or amendment of RFQ response 16.1 After submitting RFQ response, investors can amend, substitute or withdraw RFQ response by sending notifying document with signature of the legal representative of investors; in case of authorisation, investors must attach Power of Attorney as prescribed in Paragraph 12.3 Guidance for Investors. 16.2 Amended or replacement documents must be attached with notifying document on amendment, replacement and must meet the following conditions: a) Being prepared and submitted to Procuring entity by investors as prescribed in Paragraph 12 and 13 Guidance for Investors, on the envelop state clearly “AMENDMENT OF RFQ RESPONSE” or “SUBSTITUTION OF RFQ RESPONSE” OR “WITHDRAWAL OF RFQ RESPONSE”. b) Being received by procuring entity before the RFQ closing time as prescribed in Paragraph 14 Guidance for Investors. 16.3 RFQ response that investors require to withdraw will be returned to investors in the original condition. 16.4 Investors must not amend, substitute or withdraw after RFQ closing time, until the expiry date of RFQ response that investors write in prequalification application form or extended expiry date of RFQ response. 17. Opening of applications 17.1 Except for prescribed cases in Paragraph 15 and 16.3 Guidance for Investors, procuring entity will publicly open and read aloud all information prescribed in Paragraph 17.3 Guidance for Investors of all RFQ response documents that they receive before the RFQ closing time. Bid opening must be conducted publicly under defined time and location in Data Sheet with attendance in bid opening ceremony of investors’ representatives and representatives of relevant agencies and organisations. Bid opening does not depend on the attendance of investor’s representatives. 17.2 Bid opening is conducted in alphabetical order of investors’ name and in the following procedure: 13 a) Checking seals; b) Opening the original version of RFQ response, amended RFQ response (if any) and reading aloud the following information: investors’ name, number of original copies/ copies and other necessary information; c) Representative of procuring entity must sign on the original version of pre-qualification application form, Power of Attorney by the investor’s legal representative (if any), and partnership agreement (if any). Procuring entity must not disqualify any RFQ response when opening bid, except late submitted RFQ response as prescribed in Paragraph 14 Guidance for Investors. 17.3 In case investors request to withdraw or replace RFQ response: Procuring entity shall firstly open and read aloud all information contained in the envelop stating clearly “WITHDRAWAL OF RFQ RESPONSE”, which shall remain sealed and is returned in original condition to the investors. Procuring entity shall not allow investors to withdraw RFQ response and still open that RFQ response if the notifying document on “WITHDRAWAL OF RFQ RESPONSE” is not attached with proof that the signee of the document is the legal representative of investors and must be publicised in the bid opening ceremony. 17.4 In case investors want to make amendment to RFQ response: For envelopes containing notifying document “AMENDMENT OF RFQ RESPONSE”, attached notifying document will be read aloud along with amended RFQ response. Procuring entity shall not allow investors to amend RFQ response if notifying document on “AMENDMENT OF RFQ RESPONSE” is not attached with proof that the signatory of the document is the legal representative of investors. Only RFQ responses that are opened and read aloud in the bid opening ceremony shall be considered and assessed. 17.5 In case there are substitution to RFQ response: The procuring entity shall open and read aloud information in the envelope containing notifying document that is stated clearly “SUBSITUTION OF RFQ RESPONSE” and the new RFQ response shall be in place of the old RFQ response. The substituted RFQ response shall not be opened and will be returned in original condition to the investors. Procuring entity shall not allow the investors to replace the RFQ response if the notifying document on replacement is not attached with proof that the signatory of the document is the legal of representative of investors and must be publicised in the bid opening ceremony. 17.6 Procuring entity must prepare bid opening minutes including all information as prescribed in Paragraph 17.2 Guidance for Investors. Investor’s representatives who participate in bid opening ceremony shall be required to sign on the minutes. Lacking of investors’ signatures does not invalidate the minute. Bid opening minute shall be sent to all investors. 14 18. Confidentiality 18.1 Information related to RFQ response assessment must be kept confidential and must not be revealed to investors or any parties who are not officially relevant to the prequalification procedure until prequalification results are announced. Under no circumstances parties carrying out or involved in the RFP response assessment must not reveal information of an investor’s RFQ response to another, except information publicly disclosed at the bid opening time. 18.2 Except for RFQ response clarification purpose as prescribed in Paragraph 19 Guidance for Investors, investors must not contact procuring entity regarding their own RFQ response and other relevant project issues during the period from RFQ response opening time to the time of prequalification result announcement. 19. Clarification on RFQ 19.1 After opening RFQ response, in case the procuring entity needs proof for investor’s eligibility, capability and experience, the procuring entity may request investors to clarify and provide proof for their eligibility, capability, and experience. 19.2 After opening RFQ response, investors are responsible for clarifying RFQ response in accordance with procuring entity’s request within the days as prescribed in Datasheet. All clarification requests of procuring entity and investors’ feedback must be in written form to be sent to procuring entity by one of the following ways: direct, by post mail, fax or email. Clarification can only be conducted between procuring entity and investors having RFQ response in need of clarification. RFQ response clarification documents are kept by procuring entity as a part of RFQ response. 19.3 It is required to specify the clarification timescale for investors. After the clarification deadline, if the procuring entity does not receive clarification documents or investors provide clarification that do not satisfy procuring entity’s request, procuring entity shall evaluate investors’ RFQ response based on information in the RFQ response that was submitted before RFQ closing time. 19.4 After the RFQ response submission deadline, if investors recognise that their RFQ response lacks documents in proof of their eligibility, capability and experience, they are allowed to send these documents to the procuring entity within the prescribed time in Data Sheet to demonstrate their eligibility, capability and experience. Procuring entity is liable for receiving clarification documents to examine and evaluate; clarification documents about eligibility, capability and experience of investors are deemed as parts of RFQ response. Procuring entity must notify investors by writing that they 15 have received investors’ clarification document by one of the following ways: direct, by post mail, fax or email 20. Relevant counterparties Investors must list all potential sub-contractors, partners to cooperate in project implementation as prescribed in TEMPLATE A04 Chapter IV- RFQ response templates. 21. RFQ response scoring 21.1 Evaluation of RFQ response is based on evaluation procedure and criteria as prescribed in Chapter III. 21.2 Investors are ranked as prescribed in Data Sheet. 22. Shortlisting criteria Investors are selected to be in the shortlist if meeting all the following requirements: 22.1 Providing eligible RFQ response; 22.2 Total scoring of capability and experience not lower than minimum required score as prescribed in Paragraph 2 Chapter III; score for each evaluation category must not be lower than minimum required score as prescribed in Paragraph 2 Chapter III; 22.3 Meet ranking requirement as prescribed in Paragraph 21.2 Guidance for Investors. 23. Disclosure of pre-qualification result After pre-qualification result is approved, procuring entity shall post prequalification results (shortlist) on National Procurement online system at http://muasamcong.mpi.gov.vn and Vietnam Public Procurement Review, and also send pre-qualification result notice to investors who submitted RFQ response. 24. Settlement of dispute and complaints If investors’ legal rights are impacted, investors can send petition regarding pre-qualification procedure to procuring entity, authorised agencies, counselling council via the specified address in Data Sheet. The settlement of dispute and complaints shall be performed under the provision in Paragraph 1 Chapter XII Law on Procurement No. 43/2013/QH13 and Article 88, 89 and 90 Decree No. 30/2015/ND-CP. 16 CHAPTER II: DATA SHEET *Guidance for Investors: GfI GfI 1.1 Name and address of procuring entity: - GfI 1.2 Procuring entity: Public Procurement Agency, Ministry of Planning and Investment. Representative: Mr. Nguyen Son – Director of E-Government Procurement PPP PMU. Street name: No. 6B, Hoang Dieu Street, Ba Dinh District, Hanoi, Vietnam. Floor number/ Room number: Room No. 301, 3rd Floor, Block G, Ministry of Planning and Investment – No. 6B Hoang Dieu street, Ba Dinh District, Hanoi, Vietnam. City: Hanoi. Phone number: +84 968906877 Fax number: +84 08044323 Email address: son_dt@mpi.gov.vn; trantuanlinh@mpi.gov.vn. Total estimated investment capital of the VND 334.895 billion (equivalent with USD $15.2 million). The investor will be responsible for ultimately defining the required investment capital which may be lower or higher than estimated in the feasibility study. GfI 1.3 Estimated requirement on capital contribution and financing capability: - GfI 1.4 Minimum required equity capital that investors have to contribute: VND 50.25 billion or USD $2.28 million. Estimated loan that investors have to mobilise: VND 284.645 billion or USD $12.92 million Basic information of the project: a) Project name: e-Government Procurement PPP Project (e-GP PPP Project). b) Project location: Hanoi, Vietnam. c) Project key objectives: To apply IT and telecommunications advances to sustainably develop, manage and operate the e-government procurement system in order to manage procurement information and implementation of online bidding on a safe, competitive, transparent and economic effective way. - Detailed objectives of the project: To develop an advanced e-GP system to standardise Vietnamese public 17 - - - d) e) f) g) h) i) j) GfI 2.1 (d) - sector procurement process and deliver transparency, efficiencies and cost savings. To develop an online procurement system consisting of 11 modules Portal; User Management; Call Centre; e-Bidding, e-Shopping Mall, e-Contract, e-Payment; Item list; e-Document; Supplier’s Performance Management; e-Guarantee as well as other value added services. To ensure quality of infrastructure and facilities for the system including being able to connect and intergrade with other governmental systems. To build, operate, maintain and upgrade the system during period of 13 years. To drive system adoption from procurement entities, investors, enterprises, and other key stakeholders through change management, training, awareness campaigns and user guides. To ensure all procurement information such as user registration, procurement request, bidding notice, successful bidder selection, contracts, inspection, and payment on the Internet are uploaded onto the system; gradually increase number of online bidding. To design and build an e-GP system that can integrate with other related national systems and meet requirements (in terms of language, process, etc.) arising from a number of international treaties and collaboration agreements (e.g. TPP, EU, WB, OCDS, etc.) recently signed by Vietnam. Project scale and capacity. Please refer to Part III the project summary report. Land use area (if any): There is no land use in this project. Total project capital / Total investment: In the original feasibility study for this project it was estimated that the total investment would be VND 334.895 billion or USD $15.2 million. State contribution in the project: The Government has approved viability gap funding for this project at VND 44billion or USD $2 million (15.6% total investment). PPP contract model: DBFOMT (Design, Build, Finance, Operate, Maintain and Transfer). Project implementation plan (project progress, duration; construction, operation time): The project will run for 13 years of which it is estimated that 1.5 years will be used to design and build the system and 11.5 years for operation. Target date for beginning of operations: 1.5 years after the contract signing with successful investor. Refer to Part III for further details of the project Investor must not have shares or equity of the advising consulting firms; or not holding more than 20% of shares or equity of a third party, specifically: + Consulting firms who developed feasibility study report: The Joint venture of DeayeongUbitec and Teckad Corporation, 18 o DeayeongUbitec, 7th Floor, Building 6, #60-25, Gasan-dong, Geumcheon-gu, Seoul, Korea. o Teckad Corporation, Unit 316, 3rd floor, ICC building, 71 Nguyen Chi Thanh, Ba Dinh, Ha Noi Tel: +84 - 4 - 62558111 Fax: +84 - 4 – 62559111 Corporation code: 0104879628 + Consulting firms who appraised the feasibility study: KPMG Vietnam Limited 46th Floor, Keangnam Hanoi Landmark Tower, 72 Building, Slot E6, Pham Hung Street, Me Tri, South Tu Liem, Hanoi,Vietnam. PricewaterhouseCoopers (Vietnam) Limited, 16th floor, KeangnamHanoi Landmark 72, Pham Hung Road, Nam Tu Liem District, Hanoi, Vietnam. Advising and Supporting Center for Evaluating the Effectiveness of IT Investment - AUTHORITY OF INFORMATION TECHNOLOGY APPLICATION - 2nd Floor- Detech BuildingNo.8 Ton That Thuyet- Tu Liem- Ha Noi. + Consulting firms who developed RFQ: PricewaterhouseCoopers (Vietnam) Limited, 16th floor, Keangnam Hanoi Landmark 72, Pham Hung Road, Nam Tu Liem District, Hanoi, Vietnam. + Consulting firms who evaluates RFQ response: PricewaterhouseCoopers (Vietnam) Limited, 16th floor, Keangnam Hanoi Landmark 72, Pham Hung Road, Nam Tu Liem District, Hanoi, Vietnam. - Investors not being in the same entity or agency managing with Public Procurement Agency and Ministry of Planning and Investment GfI 2.1 (đ) N/A GfI 2.1 (f) 1. Domestic investors will be encouraged to associate with international investors to improve their capability. 2. International investors shall have to associate with domestic investors. GfI 4.1 Procuring entity must receive RFQ clarification enquiries by official letter (also by email to trantuanlinh@mpi.gov.vn) at least 5 days prior to RFQ closing time. GfI 4.3 Procuring entity will not organise site visits. GfI 4.4 A Pre-qualification conference to answer perspective investors questions will be held at: - Time: 2:00PM Vietnam time on 07thJanuary, 2016. Venue: Ministry of Planning and Investment – No. 6B Hoang Dieu street, Ba Dinh District, Hanoi, Vietnam. 19 GfI 5.3 In the event of an amendment to the RFQ, the procuring entity will send amended RFQ to all investors who had received RFQ from the procuring entity at least 10 days before the RFQ closing date. In case the sending time of amended RFQ does not meet requirements then procuring entity extends RFQ closing date accordingly. GfI 7 English GfI 8.6 N/A GfI 10.1 Investor proof of eligibility: a) For independent investors, it is required to provide proof of eligibility as follows: - Certified copies of: Business registration or establishment decision for the organizations which do not have a business registration or equivalent documents issued by competent government bodies; - Audited or Certified by tax office financial statements, accompanied by a certified copy of one among the following documents: + Inspection records on tax finalization; + Tax finalization return (VAT and CIT) certified by the Tax authority about the time of declaration; + Evidence about the investor’s electronic tax finalization return declaration; + Written confirmation by tax authority (including certification on the total tax) on implementation of the tax obligation; b) - + Audit report (if any); Other documents proving that the investor conduct accounting activities as a separate and independent entity For bid-consortium, it is required to provide proof of eligibility as follows: Documents in Point a, this article for each members of the consortium; Join-bidding agreement in accordance with TEMPLATE A03 Chapter IV GfI 10.2 (b) N/A GfI 11.1 Validity period of the RFQ response ≥ 90 days from the RFQ closing time GfI 12.1 Number of RFQ response copies: - 1 original and 5 copies in English; 20 In case of amendment, replacement of RFQ response, investors must submit the amendment, replacement copies in the same number of copies as of the RFQ response. GfI 12.2 If there is any discrepancy between the original and copied version but it does not impact on the ranking result, the original version shall prevail. If there is discrepancy between the original and copied version which lead to inconsistent ranking results, the investor shall be disqualified. GfI 14.1 - GfI 17.1 - GFI 19.2 In case the procuring entity request the investors to clarify their RFQ response, then the investors’ responses must be received within 03 working days. GfI 19.4 If the investor wishes to submit clarification documents after the bid has closed then it must do so within 10 working days of the bid closing date. Any unsolicited clarification received after this time will not be considered. GfI 21.2 Investor who has the highest score of RFQ response will be ranked 1st. In case there are more than 03 investors who meet the requirements then choose 04 investors with highest rankings to be in the short list. GfI 24 Contact of petition recipient: - - RFQ closing time: Wednesday 03rd February, 2016 at 3:00PM Vietnam time The price of the RFQ document is quoted at: 2,000,000 VND. Investors can download RFQ package free from website: http://muasamcong.mpi.gov.vn and pay the fee at submission of RFQ response Bid opening time is on Wednesday 03rd February, 2016 at 3:30PM Vietnam time at the bid opening location as follows: Meeting room, Ministry of Planning and Investment, No. 6B Hoang Dieu, Ba Dinh District, Hanoi, Vietnam. a) Procuring entity address: - Public Procurement Agency, Ministry of Planning and Investment, 6B Hoang Dieu, Ba Dinh, Hanoi; - Fax number: +84 080 44323; - Phone: +84 080 44241; b) Address of people in charge: - Ministry of Planning and Investment, 6B Hoang Dieu, Ba Dinh, Hanoi; - Fax number: +84 08044323; - Phone: +84 080 44241; c) Standing unit supporting counselling council: - Public Procurement Agency, Ministry of Planning and Investment, 6B Hoang Dieu, Ba Dinh, Hanoi; - Fax number: +84 08044323; 21 - Phone: +84 080 43650 22 CHAPTER III: RFQ RESPONSE EVALUATION PROCESSES AND CRITERIA Section 1. Evaluation of the eligibility of RFQ responses 1.1 Checking RFQ responses: a) Number of copies of RFQ responses original version and copies; b) Contents of the original RFQ responses, including: RFQ application form, Joint-bidding agreement (if any), power of attorney for signing RFQ application form (if any); proof of the investor’s eligibility; documents proving the capability and experience and other contents of RFQ responses as in Paragraph 8, Guidance for Investors; c) The consistency between the original version and copies for evaluating RFQ responses purpose. 1.2 Evaluation of the eligibility of RFQ responses: Investor’s RFQ response is eligible if it fully meets following requirements: a) Include original RFQ responses; b) Include RFQ application form signed and marked by legitimate representative of investor1. For bid consortium, RFQ application form has to be signed and marked by all legitimate representatives of each member of the consortium or by representative member of the consortium only if responsibility is stated in the joint-bidding agreement; c) Not in two or more RFQ responses as an independent investor or member of a bid consortium; d) The validity period for RFQ responses must satisfy requirements as prescribed in Paragraph 11 Guidance for Investors; e) For bid consortium, joint-bidding agreement is required to be signed and stamped1 by all member legitimate representatives. The minimum equity requirements for leading member and other members are 25% and 15% respectively as regulated in Paragraph 2, Chapter III. The joint-bidding agreement must regulate clearly the responsibility of leading member of the consortium as well as general and specific responsibility of each member in accordance to TEMPLATE A03, Chapter IV – RFQ responses templates; f) Investors shall ensure the eligibility as regulated in Paragraph 2.1 of Guidance for Investors Investors with eligible RFQ responses will be considered, evaluated on their capability and experience 1 If the investors do not have stamp than must provide confirmation of authorized agency that the RFQ responses signed by legal representative of the investors 23 1.3 Principle for evaluation a. Investors will be evaluated based on their financial strength and the demonstrated technical capabilities and experience. b. Each investor will be given a score out of 100marks, with 20marks for their financial strength and 80marks for their technical capability. c. The minimum score to be considered as meeting the requirements must be provided, but shall not be less than 60% of the total score, and the score of each basic required item shall not be less than 50% of the maximum score for such item (except Financial criteria on “Ability to raise capital” and Technical criteria on “Comments on FS”). Section 2. Evaluation of financial capability and technical capability and experience 2.1 Evaluation of financial capabilities a) If the Investors are participating in the RFQ as a Consortium, the financial evaluation will be based on an assessment of all the individual Participants in the Consortium. Each Participant will be examined individually to assess its financial capacity to undertake the role assigned. The Consortium will then be assessed as a whole to determine if it has sufficient financial strength to fulfil the required contractual obligations and sufficient ability to raise the necessary finance. b) Financial strength will be assessed based on a review of: - Audited financial statements submitted by the Investor; Publicly available information; and Credit rating (if available) by reputed credit rating agencies. The following table highlights the key components in the financial evaluation: 24 Maximum Score Components / Requirements 1.1 Demonstration of commitment for minimum equity funding for the project (per Chapter II GfI 1.3). The following will be required from the Investors / Participants: 1. Financing capability Ability to raise capital A Letter of Commitment from the Investor for at least the minimum equity funding of VND 50,250 million. If the Investors are participating in the RFQ as a Consortium, the total value of the Letters of Commitments issued by all Consortium Participants must meet at least the minimum equity funding of VND 50,250 million. Investor should complete TEMPLATE B03 25 Minimum score required Investor score Score awarded Equity commitment letter provided for more than or equals to VND 50,250 million 3 Equity commitment letter for less than VND 50,250 million 0 3 Maximum Score Components / Requirements Minimum score required Investor score Score awarded Commitment Letter from bank covers at least (VND 334,895m less equity commitment in 1.1) 3 Commitment Letter from bank does not cover (VND 334,895m less equity commitment in 1.1) 0 1.2 Demonstration of commitment for debt funding for the project (per Chapter II GfI 1.3). The following will be required from the Investors / Participants: Certified copies of Commitment Letter from bank to ready to finance the remaining funding requirements after equity funding. For the avoidance of doubt, the total project cost is projected to be VND 334,895m. As such, the guarantee letters should cover the Debt Funding Requirement, defined as the funding requirement less equity funding. For example, if the Investor chooses to invest equity of VND 100,000m, the Investor would be required to provide Guarantee Letters covering (VND 334,895m less VND 100,000m = VND 235,895m). 3 If the Investors are participating in the RFQ as a Consortium, the total value of the Guarantee Letters obtain by all Consortium Participants must meet at least the Debt Funding Requirement as defined in the above paragraphs. Investor should complete TEMPLATE B03 1.Financing capability – ability to raise capital Totals 6 26 Maximum Score Components / Requirements Minimum score required 2.1 Demonstration of ability to deliver on projects of similar scale The following will be required from the Investors / Participants: 2. Financing capability Past projects Record of accomplishment in delivering projects of similar scale (based on TEMPLATE B04). 4 2 If the Investor is participating in the RFQ as a Consortium, they will be evaluated based on the total projects delivered by all Consortium Participants. Investor should complete TEMPLATE B04 2. Financing capability – Past Projects Totals 3. Financial Standing (most recent three financial years). 4 3.1 Evaluation of the Investor / Participant’s Net Assets Net Assets is defined as the total assets of the entity less total liabilities for each financial year If the Investors are participating in the RFQ as a Consortium, each Participant in the Consortium will be examined individually to assess its financial standing to undertake the 27 2 Investor score Score awarded More than 2 projects of similar or greater scale and financing (equity and debt) undertaken by investor under a DBFOMT or similar PPP contract 4 2 projects of similar or greater scale and financing undertaken by investor 2 Less than 2 projects of similar or greater scale and financing undertaken by investor 0 Net assets above VND 50,250m in all financial years 2 Net assets above VND 50,250m in latest financial year and 1 other financial year 1 2 1 Maximum Score Components / Requirements Minimum score required Investor score Score awarded role assigned. In case the Investor involves disputes being settled, the dispute is likely to be settled in an unfavorable manner towards the investor and the cost related to the dispute settlement session will be deducted from the net asset value of the investor. Net assets below VND 50,250m in latest financial year or 2 financial years. 0 Positive profit margin for 3 years, with at least 1 year with profit margin above 5% 2 Positive profit margin for 2 years 1 Positive profit margin for 1 – 0 year 0 Positive working capital for 3 years 2 Positive working capital for 2 years 1 Investor should complete TEMPLATE B02 and B08 3.2 Evaluation of the Investor / Participant’s Profit Margin Profit Margin is defined as the net income of the entity divided by total revenue associated with the entity. If the Investors are participating in the RFQ as a Consortium, each Participant in the Consortium will be examined individually to assess its financial capacity to undertake the role assigned. 2 1 Investor should complete TEMPLATE B02 3.3 Evaluation of the Investor / Participant’s Working Capital Working capital is defined as the current assets less current liabilities of the entity. 28 2 1 Maximum Score Components / Requirements Minimum score required If the Investors are participating in the RFQ as a Consortium, each Participant in the Consortium will be examined individually to assess its financial standing to undertake the role assigned. Investor score Score awarded Positive working capital for 1 – 0 year 0 Cash balance above VND 103,000m 2 Cash balance between VND 50,250m and VND 103,000m 1 Cash balance below 50,250m 0 No / insignificant post balance events, unlikely to impact financial viability of the investor 2 Investor should complete TEMPLATE B02 3.4 Evaluation of the Investor / Participant’s Cash and Cash Equivalents The Investors / Participants will be evaluated based on their cash and cash equivalents in their latest reported financial year. 2 If the Investors are participating in the RFQ as a Consortium, each Participant in the Consortium will be examined individually to assess its financial standing to undertake the role assigned. 1 Investor should complete TEMPLATE B02 3.5 Post balance sheet events The Investors / Participants will be evaluated for post balance sheet events via an examination of their financial statements, credit reports (if available) and publically 2 29 1 Maximum Score Components / Requirements Minimum score required Investor score Score awarded Significant post balance events, likely to impact financial viability of the investor 0 available sources of information. If the Investors are participating in the RFQ as a Consortium, each Participant in the Consortium will be examined individually to assess its financial standing to undertake the role assigned. Investor should complete TEMPLATE B02 3. Financial Standing Totals 10 5 Total weight 20 7 c) As above, the overall financial assessment will scored out of 20 points. The Investor/ Participant must meet at least the minimum scores stated above for each section and on an overall basis in order to be selected for inclusion in the RFP stage of the process. d) If any of the Investors and/or Participants are a subsidiary of a large conglomerate, it could enhance its financial standing by providing evidence of support from its parent company in the form of a signed Parent Company Guarantee (PCG), in which case the parent company’s financial standing will be assessed. In such a case, supporting documentation for the parent company must be provided by the Investors/ Participants for assessment. 30 2.2 Evaluation of technical and project management capabilities a) If the investors are bidding as part of a consortium then the combined experience and technical capabilities will be used to calculate the technical score for the consortium. b) The criteria for technical evaluation will be based on the following experience and credentials: No 1 Criteria eGovernment experience in the last five years Maximum Score Minimum Score 20 10 Sub-Criteria Investor score Score Awarded Investor should submit examples of projects they have completed in the last five years in three different categories (eGovernment software design, eGovernment software operate and maintenance and eProcurement experience (public or private sector)) Investors should complete TEMPLATE B04, B05, B07 7 1.1 6 1.2 7 1.3 2 More than Five projects eGovernment software Two to Four Projects development experience Less than 2 project Technical 20 7 3.5 0 More than Five projects eGovernment software Two to Four Projects operation and maintenance experience Less than 2 project 6 More than 3 projects eProcurement experience (Government 1-2 projects or Private Sector) 0 Projects 7 10 31 3 0 3.5 0 experience Investors should submit details of the availability of modules in the feasibility study; note module functionality is the key not the current usage. Investor can demonstrate they have a call centre module used in a different type of software project. Investor should indicate its experience in business process re-engineering and number of tech staff they have working in Vietnam currently Investors should complete TEMPLATE B04 and B09 7 2.1 Availability of modules Business Process Reengineering experience in software projects 7 2.2 7-11 modules available 7 3-6 modules available 3.5 Less than 3 modules 0 Demonstrate strong experience in BPR projects with examples of 3 completed relevant projects which required BPR before software implementation 7 Demonstrate some experience in BPR with 1-2 examples of complete relevant project which required BPR before software design and implementation 3.5 Demonstrate no experience of BPR 6 2.3 3 More than 75 tech staff Operate & Maintenance Between 25-75 tech staff tech support staff Less than 25 tech staff Team 16 0 6 3 0 8 Investors should submit the resumes of three key people (Project Director, Design/Build Lead and Operate and Maintenance Lead) using the template Investors should complete TEMPLATE B06 3.1 10 Core team years’ experience in eGP, 32 Greater than 30 years combined 10 Between 15 years combined 5 eGovernment, Software Less than 15 years combined 4 Core team years’ experience in Vietnam 6 3.2 Approach to the project 12 0 Greater than 15 years combined 6 Between 5-15 years combined 3 Less than 5 years combined 0 6 Investors should outline their approach to the three different areas listed below in the template Investors should complete TEMPLATE B10 4.1 4.2 4.3 4 4 4 Approach to Project Management Approach to Change Management Clearly defined and structured approach to project management using recognized project management methodology 4 Project management approach is clear but lacks methodology 2 No clear approach to project management 0 Clear approach to change management which proposes good ideas to drive demand adoption to the system. 4 Approach to change management is clear 2 No clear approach to change management 0 Coherent, structured logical plan for timeline of implementation which appears achievable 4 Timeline for the project Clear, structured plan for implementation but some concerns remain about how achievable it is Unrealistic plan for implementation 33 2 0 5 Comments on the FS 12 Investors should read the feasibility study hosted on muasamcong and provide comments based on the three categories below. Comments are very important so investors are encouraged to share as much feedback as possible. Investors should complete TEMPLATE B10 5.1 5.2 5.3 4 4 4 Comments on Build Costs in FS Comments on Revenue assumptions in FS Comments on the Technical Solution in the FS 34 Investors provide detailed, insightful commentary on the estimation of build cost in the feasibility study and give their perspective on whether they are high or low compared to the investors’ view of the build costs. 4 Investors provide some commentary but not consistently thought out or valuable on the estimation of build cost in the feasibility study and give their perspective on whether they are high or low compared to the investors view of the build costs. 2 No comments or comments which show a lack of understanding 0 Investors provide detailed insightful opinion on the revenue assumptions, how they are calculated and give their perspective on whether they are optimistic or underestimate the potential 4 Investors provide some opinion, but not always considered or insightful on the revenue assumptions, how they are calculated and give their perspective on whether they are optimistic or underestimate the potential 2 No comments or comments which show a lack of understanding 0 Investors provide detailed insightful commentary the modules for deployment, the phasing of deployment, and any known challenges with the technical specification in 4 the feasibility study: Investor provide some commentary but not always considered or insightful on the modules for deployment, the phasing of deployment, and any known challenges with the technical specification in the feasibility study: No comments or comments which show a lack of understanding Total weight 80 34 35 2 0 CHAPTER IV: RFQ RESPONSE TEMPLATES A. Legal: 1. TEMPLATE A01: RFQ Application form 2. TEMPLATE A02: Power of Attorney (for Independent investors) 3. TEMPLATE A03: Joint-bidding agreement 4. TEMPLATE A04: Partners to implement the project B. Capability and experience 1. TEMPLATE B01: Investor’s information 2. TEMPLATE B02: Information on investor’s key financial indicators 3. TEMPLATE B03: Guarantee of Financing and Credit Sources for Investors 4. TEMPLATE B04: Experience in the Last 5 Years 5. TEMPLATE B05: In-Progress Projects 6. TEMPLATE B06: Proposed Key Project Members 7. TEMPLATE B07: Previous Contract Non-fulfilment Records 8. TEMPLATE B08: Disputes in On-going Settlement 9. TEMPLATE B09: Additional Relevant Capabilities 10. TEMPLATE B10: Investor’s View Point and Approach 36 A. LEGAL TEMPLATE A01: RFQ Application Form (Location), day....month....year.... Attention: (name of Procuring entity) (Herein after referred as Procuring entity) Pursuant to Request for Qualification (RFQ) No. … dated [Month date Year] of the (procuring entity) and document amending RFQ No…. dated…. on preparation for the bidding to select investor for the Project (name of project) We, (investor’s name), hereby submit unconditionally the RFQ response for the Project (name of project) We understand that the Procuring entity will conduct RFQ response assessment based on information provided in this RFQ response, so, we certify that all information in our RFQ response is accurate and complete. Besides, we guarantee that copies are the same as the original documents. We will provide the Procuring entity with any additional information as required by Procuring entity. We commit that: 1. We have reviewed and don’t have any comments on the content of RFQ and annexes attached; 2. We are legally and financially independent with: + + Procuring entity: Public Procurement Agency, Ministry of Planning and Investment Consulting firms who develop and review feasibility study report: The Joint venture of DeayeongUnitec and Teckad Corporation, + Consulting firms who reconfirm the feasibility study: Kpmg Vietnam Limited PricewaterhouseCoopers (Vietnam) Limited + Consulting firms who develop and review RFQ (if any): PricewaterhouseCoopers (Vietnam) Limited + Consulting firms who evaluates RFQ response and qualification results (if any): PricewaterhouseCoopers (Vietnam) Limited, 16th floor as per Section 2.1, Chapter II, RFQ 3. Currently, there is no legal investigation going on against us, our personnel as well as each member of the Bid consortium. 4. We are not in the process of dissolution, bankruptcy or insolvency as defined by law 37 5. We and any member of the bid consortium are not simultaneously submit RFQ response for this Project as an Investor or member of another bid consortium 6. We agree with and commit to take all investor’ duty during the prequalification process This RFQ response is valid for ___ days, starting from day __ month __ year___ Legal representatives of Investor [Name, designation, sign and stamp] 38 TEMPLATE A02: Power of Attorney (For independent investors) (Location), day....month....year.... I am [(name), (ID or passport number), (designation of Investor’s legal representatives)], is the legal representatives of (name of investor) located at (address of investor)I hereby authorise and empower: [name, ID or passport number, designation of empowered person] to carry out the following tasks in the bidding process for Project [project name] organised by [Procuring entity name]: [- To sign the RFQ application form; To sign transactional documents with the Procuring entity during RFQ process, including request for clarification of RFQ and documents explaining and clarifying RFQ response - To sign the RFP application form; - To sign transactional documents with the Procuring entity during RFP process, including request for clarification of RFP and documents explaining and clarifying RFP response - Other tasks (specify).] The empowered person above can only carry out tasks within the authorised scope of work as the legal representative of ___[investor name]. ___[Investor name] is responsible for tasks performed by [name of authorised person] within the authorised scope of work. This Power of Attorney takes effect from _____ to_____. It shall be made in ___ copies with the same legal validity. The Grantor keeps ___ copies, the authorised person keeps ___ copies. One (01) copy is attached to original RFQ response. Authorised person [Name, designation, sign and stamp (if any)] 39 The Grantor [Name of legal representatives of Investor, designation, sign and stamp (if any)] TEMPLATE A03. Joint-Bidding Agreement (Location), day....month....year.... We, representing for all members of the Bid consortium, including: Members: [name of all Bid consortium members] Nationality of registration: Tax registration number: Address: Phone number: Fax: Email: Legal representative: Designation: Power of Attorney No. . . . date. . . month . . . year . . . (in case of delegation of authority). All members agree to sign the Joint-bidding agreement with contents below: Article 1: General conditions 1. 2. 3. All members voluntarily joint the Bid consortium to participate in the bidding for Project [Project name]. All members agree with the name of Bid consortium used for all transaction relating to the bidding process of Project, which is (agreed name of Bid consortium): Contact address of Bid consortium: a) Phone number: b) Fax: c) Email: d) Representatives of the Bid consortium: All member of the Bid consortium commits not to participate in the Project as an independent investor or member of other Bid consortium Article 2: Allocation of roles and responsibilities All members of the Bid consortium are responsible for carrying out tasks allocated to each member as below: 40 1. All members agreed to authorise and empower ___(name of the consortium representative) to carry out the following tasks on behalf of the Bid consortium: (can be amended, added in accordance with agreement between parties) [- To sign the RFQ application form; - To sign transactional documents with the Procuring entity during RFQ process, including request for clarification of RFQ and documents explaining and clarifying RFQ response - To sign the RFP application form; - To sign transactional documents with the Procuring entity during RFP process, including request for clarification of RFP and documents explaining and clarifying RFP response - Other tasks, except signing contract (specify).] 2. Roles and responsibility of each member [specify roles and responsibility of each member as well as percentage of contribution of capital contribution] Equity No. Member name Role Value 1 Member 1 [Finance] 2 Member 2 [Technical] 3 Member 3 Percentage of contribution % [Operation/ Management] … Total Article 3: Validity of the joint-bidding agreement 1. The agreement takes effect from the date of signing 2. The agreement is invalidated in the following cases: - The members agree to terminate 41 100% - Change in members of the consortium. In this case, if the change is accepted by the procuring entity, the consortium must create a new joint-bidding agreement - The Bid consortium wins the bid and after the signing of project contract - The Bid consortium is not selected to the shortlist - The Bid consortium does not win the bid - The procuring entity cancel the RFQ process - The procuring entity cancel the investor selection process This joint-bidding agreement shall be made in ... copies with equal legal validity. Each member keeps ... copies, 01 copy is attached to the original RFQ response Legal representatives of each member in the bid consortium [Name of each member, designation, sign and stamp] Note: 1. Investor must list out percentage of capital contribution of each member of the consortium 2. Roles and responsibility of each member of the consortium must be specified (e.g. member 1 takes charge of project construction; member 2 takes charge of operational and managerial activities; member 3 joint as a capital funder) 42 TEMPLATE A04. Partners to implement the project No. Partner name 1 2 3 Country of registration Role (contractor, financing resource, etc) Company 1 [Financing resource] Company 2 [Construction contractor] Company 3 [Operation/ management contractor] … Legal representatives of Investor Name, designation, sign and stamp] 43 Legal representative B. CAPABILITY AND EXPERIENCE TEMPLATE B01: Investor’s Information (Location), day . . . month . . . year . . . Investor’s name: 1. - Country of origin - Address [address of the Head quarter and representative office in Vietnam (if any)] - Phone number: - Email address: - Fax number: - Representative [name, designation, phone number, fax number, email address] 2. Information of shareholders holding 5% or more of equities: No Owner’s name Nationality Proportion of shareholding 1 2 3 Legal representative of Investor [Name, designation, sign and seal] Note: 1. Investor must submit proof of eligibility including: Certified copy of the Business Registration document or Decision of Establishment or document equivalent issued by authorised government body of the investor’s operating country 44 TEMPLATE B02: Information on Investor’s Key Financial Indicators (Location), day . . . month . . . year . . . To: (Procuring entity name) I am (name), (designation), the legally authorised representative of (investor’s name), legally established and operating under the laws of (nation) confirm that all provided information in this document is true and enclosed documents are precise copies of the original documents. Review of Financial Information (in VND) (exchange rate used [ ] USD/ VND) Year ended [xxxx] 2015 Turnover / Revenue [] [] [] [] [] [] [] [] [] [] [] [] Net Profit Net Assets Cash and cash equivalents 2014 2013 Financial performance data [] [] Profit Margin [] [] Current Ratio Calculations on how the above financial information and performance data is reconciled to the audited financial statements should be provided. [] [] Review of audited financial statements, Stock Exchange documents, and recent text line information for relevant post balance sheet events. The following documents are attached: Audited or certified by tax office financial statements from the most recent 3 years, accompanied by a certified copy of one among the following documents: □ - Inspection records on tax finalization; - tax finalization return (VAT and CIT) certified by the Tax authority about the time of declaration; - Evidence about the bidder’s electronic tax finalization return declaration; - Written confirmation by tax authority (including certification on the total tax) on implementation of the tax obligation; - Audit report (if any); - Other documents □ Latest credit rating report (if available) 45 If the Applicant is relying on the parent company to enhance its financial standing: Evidence of support from the parent company □ Audited financial statements of the parent company from the most recent 3 years □ Note: In case of bid consortium, each member must submit separate declarations. Legal representative of investor/ authorised bid consortium member [Name, designation, sign and seal] 46 TEMPLATE B03: Guarantee of Financing and Credit Sources for Investors (Location), day . . . month . . . year . . . To: (Procuring entity name) 1. I am (name), (designation), the legally authorised representative of (investor’s/ bid consortium’s name), legally established and operating under the laws of (nation) confirm that all provided information in this document is true and enclosed documents are precise copies of the original documents. 2. I hereby declare that (investor / participant’s name) has a firm financing commitment of VND (___) in the form of common equity for the project. 3. The following financing and credit sources have been identified and maybe mobilised for the project: Financing source Value 1. 2. 3. 4. 4. Supporting documents: - Certified copies of Guarantee letter for Financing/Credit sources for (Investor/ bid consortium) of (Bank/ Financial institution) - (Other relevant documents) 5. The following is a list of previous projects undertaken by (investor / participant’s name) with similar investment size: Investor’s name/ Bid consortium member’s name: 1 Contract number: Project name: Total investment/ Total invested capital: Investment quantum made by Investor / Bid consortium member: Contract type: Country: 2 Bid solicitor name/ Authorised party: 47 Address: 3 Authorised person: Contact address: Telephone: Fax: Email: 4 Participating in the project as: Independent Investor Bid consortium member Project manager Financial investor Constructor Proportion of shares held in the project SPV (in case of bid consortium): 5 Project completion: Ahead of plan As planned (Duplicate as required) Behind plan Legal representative of Investor [Name, designation, sign and seal] 48 TEMPLATE B04: Experience in the Last 5 Years (Use this template for each experience that investor/ each bid consortium member performed) (Location), day . . . month . . . year . . . To: (Procuring entity name) [Investor lists projects with similar experience in areas relevant to the Project, including eGovernment procurement, private sector e-Procurement, and e-Government and business process reengineering] 1. Project 1: Investor’s name/ Bid consortium member’s name: 1 Contract number: Project name: Total investment/ Total invested capital: Contract type:[eGovernment procurement, eGovernment software, e-Procurement private sector, business process re-engineeringplease delete as applicable] Country: 2 Procuring entity name/ Authorised party: Address: 3 Authorised person: Contact address: Telephone: Fax: Email: 4 5 Short description on the similarity of this project and the bidding project: Participating in the project as: Independent Investor Bid consortium member Project manager Financial investor Constructor Proportion of shares held in the project SPV (in case of bid consortium): 6 Short description of performed activities: Description of the project and the relevance; For eProcurement projects please indicate the scale of implementation (geographic, national, local) the software used, the modules deployed and functionality, number of 49 users, public or private sector and the key outcomes and benefits to the recipient. For eGovernment project please indicate the scope of implementation, (geographic, national, local) the technology used, the number of users, For Business Process Re-Engineering please indicate the scope of the processes, the high-level approach to re-engineering and the software that was delivered 7 - Value of performed work stream(s): (Value and currency) equivalent to. . . USD (Value and currency) equivalent to. . . USD (Value and currency) equivalent to. . . USD - Project time: Date of contract signing: Completion time: Operation start date: 8 9 10 Project completion: Ahead of plan As planned Behind plan Investor’s capability in controlling cost of finished projects [+ Total cost/ price reduced while all contract requirements are met + Total cost/ price as budgeted while all contract requirements are met] - Investor’s capability in complying with expected progress of finished projects [+ Early handover while all contract requirements are met + On-time handover while all contract requirements are met] - Investor’s capability in meeting all technical requirements of the projects 11 Dispute and lawsuit record 12 Summary of special technical/ operational requirements: 2. Project 2: … Legal representative of investor [Name, designation, sign and seal] [Confirmation from independent auditor for each eligible project on: - Project invested equity: - Total investment cost/ value of performed work/ - Total cost/ Total asset in operation and maintenance/ Revenue from commercial activities of the project - Verification of chartered capital in the project SPV (in case of bid consortium)] [Confirmation of competent Government body on: - Investor’s competency in terms of quality of performed work: cost controlling, progress, meeting or not technical requirements of the project] 50 [Confirmation of independent auditor and competent Government body must contain signature, name and designation of the signatory] 51 TEMPLATE B05: In-Progress Projects (Use this template for each in-progress project that investor/ each bid consortium member is performing) (Location), day . . . month . . . year . . . To: (Procuring entity name) [Investor lists in-progress projects with experience in relevant fields to the project, including e-Government procurement, private sector e-Procurement, e-Government, and software with Operations and Maintenance] 1. Project 1: Investor’s name/ Bid consortium member’s name: 1 Project name: Total investment/ Total invested capital: Contract type: Country: 2 Procuring entity name/ Authorised party: Address: 3 Authorised person: Contact address: Telephone: Fax: Email: 4 Participating in the project as: Independence Investor Bid consortium member Project manager Financial investor Constructor Portion of shares held in the project SPV (in case of bid consortium): 5 Short description of performed activities: 6 Short description of outstanding activities to perform: 7 - Value of performed work stream(s): (Value and currency) equivalent to. . . USD (Value and currency) equivalent to. . . USD (Value and currency) equivalent to. . . USD 52 8 Revenue from commercial activities - First-year revenue from commercial activities Mobilised shareholders’ equity: 9 10 11 2. Project time: Date of contract signing: [Development/ construction finishing time] [Operation starting time] Summary of special technical/ operational requirements: Project 2… Legal representative of investor [Name, designation, sign and seal] Confirmation from independent auditor for each eligible project on: - Project invested equity: - Total investment cost/ value of performed work/ - Total cost/ Total asset in operation and maintenance/ Revenue from commercial activities of the project - Verification of chartered capital in the project SPV (in case of bid consortium)] [Confirmation of competent Government body on: - Investor’s competency in terms of quality of performed work: cost controlling, progress, meeting or not technical requirements of the project] [Confirmation of independent auditor and competent Government body must contain signature, name and designation of the signatory] 53 TEMPLATE B06: Proposed Key Project Members (Location), day . . . month . . . year . . . To: (Procuring entity name) 1. Position: [Position name] Full name Nationality Date of Birth Technical qualification General experience Relevant experience From …. to …. Employer: Designation: Tasks: From …. to …. Employer: Designation: Tasks: ….. From …. to …. College/ Institute: Major: From …. to …. College/ Institute: Major: ….. Professional certificates Professional certificate: Training organisation: Training period: …. 2. Position [Position name] Full name Nationality 54 Date of Birth Technical qualification General experience Relevant experience From …. to …. Employer: Designation: Tasks: From …. to …. Employer: Designation: Tasks: ….. From …. to …. College/ Institute: Major: From …. to …. College/ Institute: Major: ….. Professional certificates Professional certificate: Training organisation: Training period: …. 3. ... [Each position is described in maximum 2 A4 pages] Legal representative of investor [Name, designation, sign and seal] 55 TEMPLATE B07: Previous Contract Non-fulfillment Records (Location), day . . . month . . . year . . . To: (Procuring entity name) Investor’s name/ Bid consortium member’s name: 1 Project name: Country: 2 Procuring entity name/ Authorised party: Address: 3 Authorised person: Contact address: Telephone: Fax: Email: 4 Participating in the project as: Independent Investor Bid consortium member Project manager Sub-contractor 5 Reasons for not fulfilling contract: 6 Intended solution for the upcoming period: ….. Legal representative of investor/ authorised member [Name, designation, sign and seal] 56 TEMPLATE B08: Disputes in On-going Settlement (1) Investor’s name: ________________ Date: ______________________ Bid consortium member’s name (if any):_________________________ Disputes in on-going settlement Choose one of the following descriptions: No dispute in on-going settlement. Description of disputes in on-going settlement in which the investor is litigant (or each member in case of bid consortium). Year Value of the dispute in on-going settlement in VND Issues in dispute The proportion of the dispute under on-going settlement value in net asset value Note: (1) Investors must declare precisely and properly disputes in on-going settlement; if Procuring entity identifies any investor having any disputes undeclared, it will be considered as “fraudulent” behaviour and the RFQ response will be disqualified. In case of bid consortium, each member in the bid consortium must fill in this template. Legal representative of investor/ authorised member [Name, designation, sign and seal] 57 TEMPLATE B09: Additional Relevant Capabilities (Use this template for experience that investor/ each bid consortium member performed) (Location), day . . . month . . . year . . . To: (Procuring entity name) [Investor should indicate the software solution that it currently has access to within the investor or consortium member] Module Available within the consortium Portal □ Yes □ No User Management □ Yes □ No Call Centre □ Yes □ No e-Bidding □ Yes □ No e-Shopping Mall □ Yes □ No e-Contract □ Yes □ No e-Payment □ Yes □ No Item List □ Yes □ No e-Document □ Yes □ No Supplier’s Performance Management □ Yes □ No e-Guarantee □ Yes □ No Consortium member Name of equivalent module [Investor should indicate the number of staff it currently has provided software support and maintenance and the countries in which they are located] Number of Staff Country of Location Vietnam Country 2 Country 3 Investor should provide details of the experience with business process re-engineering projects within the last five years. Legal representative of investor [Name, designation, sign and seal] 58 TEMPLATE B10: Investor’s View Point and Approach (Location), day . . . month . . . year . . . To: (Procuring entity name) [Investor should provide commentary in appropriate format on the topics listed below. Please note – providing feedback on these topics is mandatory. The feedback should be presented in an appropriate format. There is a 20 page limit for Part A and a 20 page limit for Part B] 1. Investor’s comments on Feasibility Study Comments on build costs: Investors should comment on the estimation of build cost in the feasibility study and give their perspective on whether they are high or low compared to the investors view of the build costs. Comments on revenue assumptions: Investors should give their opinion on the revenue assumptions, how they are calculated and give their perspective on whether they are optimistic or underestimate the potential Comments on technical solution Investors should include detailed commentary on the modules for deployment, the phasing of deployment, and any known challenges with the technical specification in the feasibility study: Other comments: 2 Investor’s Approach to the Project Approach to project managing the design, build and operate and maintain phases of the project Highlight key plans for support change management (including process standardisation) and ideas to support demand adoptions 59 Perspective on the high-level timelines for the project and comment on how achievable they are 3. Timeline for the project Investors should submit a high-level timeline for the implementation of the project indicating the key activities for the first design and build phase of the project and the estimate timescales. Investors should use their own format for the timeline. Legal representative of investor [Name, designation, sign and seal] 60 PART II. PROJECT SUMMARY REPORT CHAPTER V: PROJECT SUMMARY REPORT A. Introduction to the project 1. In order to gain full background to this project, investors should read in detail the feasibility study (in English and Vietnamese) which can be downloaded from the e-GP website. 2. Please go to the following http://muasamcong.mpi.gov.vn/ link with Internet Explorer browser - Wait for the whole page to load and then click on the e-GP banner in top right corner. This will take you to a page with all the relevant documents where you can find a list of reports 61 B. Key Requirements of the Investor For full details please refer to the feasibility study 1. Work Item and Capacity of the project 1.1 Work Item 1.1.1 e-GP System Installation 1.1.1.1 Business Process Reengineering and Information Strategy Planning (BPR/ISP) for e-GP System installation - Improvement plan of rules and regulations, and business procedures related with e-GP System - Plan for the Standardization of procedures and document forms related with e-GP System o e-Document forms such as bidding application o e-GP procedures o Supplier registration information and item List o User code and product portfolio - Plan for interconnection of e-GP System with external organizations’ system o Public Key Infrastructure of organizations providing public key services (licensed by the Ministry of Information and Communications) o Taxation system to ensure contractors complying with tax duties o National State Budget and State Bank of Vietnam system to implement online Payment o Organizations that provide guarantee services (banks and guarantee agencies) o Credit rating companies to manage information of credit rating of the contractors (if any) o Organizations that manage professional experience like architects or technical experts (if any) - Plan for e-GP System operation and user expansion o Operation organization for e-GP System o Preparation of terms of use and rules for the business process of e–GP system - Plan for user training and promotion of e-GP Application System Installation 1.1.1.2 E-GP system installation a) Deployment of subsystems for core government procurement business - Deployment of e-GP system which shall process entire procurement process including user registration, procurement requests, bidding notice, successful investor selection, contracts, inspection, and payment on the internet - Deployment of e-GP system which shall allow all users to participate into bidding conveniently and expeditiously with one time user registration and provision of integrated information such as item list and bidding notice b) Deployment of subsystems for Common business and administration - Functions to provide rules and regulations related with procurement - Functions to provide contents related with procurement such as notice, Q&A and data room. 62 - Administration functions such as user registration c) Deployment of subsystems for interconnection functions with relevant systems - Deployment of the functions which shall interconnect e-GP system with relevant organizations’ system in accordance with BPR/ISP result 1.1.1.3 Establishment of infrastructure for e-GP system operation - Setting up data center and operation system for the smooth operation of e-GP system - Installing H/W, system S/W, D/B, security system, and network equipment for the operation of e-GP system 1.1.2 e-GP System Operation and Maintenance Service - Provision of operator training and technology transfer after the installation of e-GP System - Warranty service for defect such as defect of equipment, installation error, and application error for the duration of the contract. - Provision of operation and maintenance service for the duration of the contract. 1.2 Capacity of e-GP System 1.2.1 e-GP Application System The table below show the subsystem which consists of e-GP Application System proposed for e-GP System Table [ 0-1 ] Subsystem of e-GP System No. Subsystem Description 1 Portal An electronic solution to provide integrated information on e-GP System and play the role as an integrated access point to the detailed e-GP service systems and as a gateway for all the business activities associated with Procuring Entity 2 User Management An electronic solution to manage the detailed information on user 3 e-Document An electronic solution to distribute e-document inevitable for the implementation of e-GP System 4 e-Bidding An electronic solution to process e-bidding of goods, civil works and consulting services as regulated by the Law on Procurement. 5 e-Shopping Mall An electronic solution to process business procedures of regular procurement of standardized goods and services based on the unit price contract 63 6 e-Contract An electronic solution to process business procedures of negotiation, signing, supervision of contracts of procured goods, civil works and consulting services. 7 e-Payment An electronic solution to process business procedures of payment for the government procurement 8 Item List An electronic solution which provides functions such as item search, management of classification and attribution of procurement items 9 Supplier’s Performance Management An electronic solution to manage information provided by the relevant association of procurement companies such as management situation, construction records and technical manpower information required for qualification and PQ reviews 10 e-Guarantee An electronic system to receive e-Guarantee from guarantee institutions 11 Call Center An electronic solution to provide integrated customer service for e-GP System user through telephone and Internet quickly and accurately 1.2.2 Capacity of the Server The table below show the capacity of server proposed for e-GP System in this report. Table [ 0-2 ] The capacity of server proposed for e-GP System Item Number of connected users Descriptions • Average number of connected users (24 hours) • Maximum number of connected users (1 hour) • Annual growth rate of number of users Rate • Number of simultaneous users of • Number of operations per user use • Web page size • Permitted response time 2. Capacity • 2,500 users • 500 users • Annual increase of 30% • (needs five years with the given rate of increase) • 250 persons • 4 cases/sec • 5K • 2sec ~ 3sec Location of the Project Head quarter of the Project company which will implement e-GP System project shall locate its headquarter in Ha Noi, the Capital of Vietnam. Main system of e-GP Project shall be located in a Data Center which shall satisfy Tier-3 requirements of TIA 942standard (refer to 2.5Data Center Installation Design of III. ANALYSIS AND SELECTION OF TECHNOLOGY) and Backup Server shall be located in a remote place from the main system so that data shall be kept safely even in case of disaster. 64 3. Project Period 3.1 e-GP System Installation Installation of e-GP System shall be divided into 2 Phases. 6 subsystems such as Portal, User Management, Item List, e-Document, e-Bidding and Call center shall be installed in Phase 1. 5 subsystems such as Supplier Performance Management, e-Guarantee, eContract, e-Payment and e-Shopping Mall shall be installed in Phase 2. - Phase 1 The Phase 1 shall last 18 months. BPR/ISP shall be implemented for the first 5 months of Phase 1. The installation of 6 e-GP Applications shall be commenced in the 5th month of Phase 1 and completed in the 18th month. There will be an overlap of a month while BPR/ISP and Installation of e-GP Application shall implement at the same time. Phase 1 is expected to be begin in Q3/2016 and end in Q4/2017 - Phase 2 Phase 2 shall last 6 months. Phase 2 is expected to be finished in Q4/2022 3.2 e-GP System Operation and Maintenance During phase 1, the operation, maintenance, system upgrades and charging fee will be started from July 01/2017 to 06 subsystems. From January 2022, the operation, maintenance, upgrading and charging fee will be carried out for the 05 remaining subsystems. After the completion of Phase 1 of e-GP System Installation, the e-GP System Operation and Maintenance shall be commenced. The Contract Period for e-GP System Operation and Maintenance is expected to last 11.5 years System upgrade and enhancement shall be carried out twice during the contract lifecycle – further details will be provided in the RFP. (due to the life cycle of the information technology system is usually considered as 5-7 years). This upgrade, increase time as above (before the transfer time 1 to 2 years) to ensure a stable and most updated operating system to the government. The duration of the contract is estimated for 13 years from 01 July 2016 to 30 June 2029. C. Additional commentary on the feasibility study 1. The feasibility study was originally written in 2012 and then updated in 2013/4 there have been some significant changes to the regulatory environment since the original feasibility study was written which are important for the investor to understand as they will support the system being adopted by the users in Vietnam and thus the viability of the project. The Law on Procurement No. 43/2013/QH13 introduces the concept of a national bidding network and requires that both investors and procuring entity uses the national bidding system for conducting procurement. 2. 65 3. 4. 5. 6. 7. - Article 5 of the Law of bidding, Eligibility of tenderers, investors’ states that in order to be eligible to bid then tenderers must be... “Registered on the national bidding system” - Article 8 of the Law on Procurement, Information of bidding, states that all documents related to bidding.. ”must be published on the national bidding network system.” In addition Joint Circular 07/2015/TTLT/-BKHDT-BTC was published in September 2015 and applies nation-wide. The circular clearly outlines to legal basis for using the eProcurement system, explains what information will transferred and activities conducted on the system. This circular also outlines that transaction fees will be charged for using the system and outlines the types of fees and the associated charge. The investors should note that the revenue projects in the feasibility study were calculated before these laws/circulars were issued and should consider the potential impact on the adoption percentages of the system. The Public Procurement Agency (PPA) is committed to supporting the adoption growth of the system, has set aside budget for activities to drive the change management required to encourage and mandate the use of the system and will outline in more detail its plan during the RFP stage of this process. The successful investor is required to support driving the adoption of the system in conjunction with the PPA. PPA will take the regulatory risk of enforcing the changes to the regulation and the successful investors should consider softer ways to drive adoption through awareness campaigns, user guides, training and marketing. The build and maintenance costs of the system were also estimated based on technological advances which are now three years old. The investor should consider ways in which more recent technological advances can be utilized to reduce the build and maintenance cost. 66