REQUEST FOR EXPRESS OF INTEREST (REOI)

Transcription

1 THE SOCIALIST REPUBLIC OF VIETNAM MINISTRY OF EDUCATION AND TRAINING Loan No.: 2750-VIE/2751-VIE University of Science and Technology of Hanoi Development (New Model University) Project REQUEST FOR EXPRESS OF INTEREST (REOI) Package Ref #: PMU-USTH-ICS-001 Name of the package: Contract Legal Review DATE OF ISSUE: 13/5/2013 Implementing Unit: Project Management Unit - University of Science and Technology of Hanoi Development (New Model University) Project- 11 th fl. Building 1- Hanoi University of Science and Technology Tran Dai Nghia Str. Hai Ba Trung Dist. Hanoi Vietnam (Approved under Decision no. 1403/QD-BGDDT dated 17 April 2013)

2 Section I: Request for Expression of Interest 1. The Government of Viet Nam has received a loan from the Asian Development Bank (ADB) toward the cost of the University of Science and Technology of Hanoi Development (New Model University) Project, and it intends to apply part of the proceeds of this loan, to payment under the contract for consulting services Contract Legal Review (code PMU-USTH-CS-001). 2. The PMU-USTH, Ministry of Education and Training, now invites eligible consulting firms to express interest in providing the consulting services. The consulting firm will assist the Project Management Unit in reviewing and reporting on the compliance of ADB guidelines/procedures and GoV s law, international legal rules and commercial practices for construction - related consulting services and construction. Legal contract review shall cover (mainly but not limited to) 04 contracts for; (i) Architectural and Engineering Company (AEC); (ii) Project Management and Supervision for Construction (PMSC) ; (iii) Services and Infrastructure Package (SIP) ; (iv) Construction Package (CP).. A full description of services is detailed in the Terms of Reference (TOR) which can be downloaded from the ADB website. The services are expected to be carried out commencing from March 2014 and are expected to be completed by December The consultant will be selected in accordance with ADB s Guidelines on the Use of Consultants (April 2010, as revised from time to time) and applying the Consultants Qualification Selection (CQS) method. 4. Interested consulting firms should download the form for Expression of Interest (EOI) and TOR from ADB website: submit a letter of request to the address given below. The deadline for submission of EOI is on 11 June Project Management Unit (PMU-USTH) 11th Floor, Building B1, Hanoi University of Science and Technology, Tran Dai Nghia Str., Hai Ba Trung Dist., Hanoi, Socialist Republic of Vietnam Telephone: Facsimile: contact@pmu-edu.vn Dr.Nguyen Van Ngu Project Director

3 A. Introduction. 1. The University of Science and Technology of Ha Noi Development (New Model University) Project (the Project) is being implemented by the Ministry of Education and Training (MOET) with funds from the Asian Development Bank (ADB) and counterpart fund from the Government of Viet Nam. The objective of the Project is to establish the University of Science and Technology of Hanoi (USTH) to become a leading training and research centre at regional and international standards. The total Project cost is estimated at around $210 million and planned to be implemented from 2012 to MOET is the Executive Agency (EA). PMU-USTH is the Project Management Unit or Implementing Agency (IA) responsible for implementing Output 3 and relevant activities in Output 4. An University Implementation Unit (UIU) situed at USTH is responsible for implementing Outputs 1 and 2 and participate in the delivery of Output The Project aims to construct the university USTH on an area of 65 hectares within the Education and Training Zone (ETZ) at Hoa Lac High Tech Park (HHTP), Hanoi. The project will comprise: i) Output 1: An Effective Management and Governance System for the University of Science and Technology of Hanoi Developed and Implemented. Output 1 will assist in the development and implementation of the following: a) rigorous management and governance system; b) capacity building programs for USTH senior managers and governors; c) university management and administrative systems; and d) an office of student services. ii) Output 2: Systems to Promote High Quality and Relevance in Academic Programs at the University Of Science and Technology of Hanoi Developed and Implemented. Output 2 will establish and support the operation of a number of centers within the USTH that will promote high quality and relevance in academic programs at the USTH: a) center for teaching and learning experience; b) center of quality assurance; c) center for research support; d) center for industry engagement; and e) center for laboratory management. iii) Output 3: Physical Facilities at University of Science and Technology of Hanoi Constructed and Outfitted. Output 3 will support the design, construction, and outfitting of the USTH campus physical facilities at HHTP on a site of around 65 ha to support the university s initial design capacity of 5,000 students. This will include site preparation, design and construction of teaching spaces, research laboratories, dormitories, student leisure facilities, administration buildings, infrastructure, and provisions of furniture, fittings, and equipment. Construction will use a design-bid-build approach. iv) Output 4. Effective Project Management and Implementation. Output 4 will support the establishment of systems and staff capacity required for effective project management and implementation. The Ministry of Education and Training (MOET) Executive Agency (EA) set up a project management unit for the Project at ministerial level (PMU-USTH) and a project management unit for the Project at 2

4 university campus level (UIU) with corresponding tasks and responsibilities for implementing the Project. UIU is responsible for implementing Outputs 1 and 2 and relevant activities in Output 4. The PMU-USTH is responsible for implementing Output 3 and relevant activities in Output 4 4. The Ministry of Education and Training (MOET) is the executive agency (EA). MOET, the loans recipient has delegated recruiting the consultants to PMU-USTH pursuant to the Guidelines on The Use of Consultants by Asian Development Bank and Its Borrowers (April 2010 as amended from time to time). The selection method is Consultants Qualifications Selection (CQS). 5. The TOR is for : Contract Legal Review 6. One consultanting firm will be selected for Output 4 of the Project as Contract Legal Review. Two key consultants will be mobilzed : - Team leader International Consultant for Contract Legal Review - National Consultant for Contract Legal Review B. Objective 7. Objectives include reviewing and reporting on the compliance of ADB guidelines/procedures and GoV s law, international legal rules and commercial practices for construction - related consulting services and construction. Legal contract review shall cover (mainly but not limited to) 04 contracts for; (i) Architectural and Engineering Company (AEC); (ii) Project Management and Supervision for Construction (PMSC) ; (iii) Services and Infrastructure Package (SIP) ; (iv) Construction Package (CP). C. Scope of Work 8. The scope of the services will be as follows: i) Review the contract templates applied for contracts to determine the legal framework for contracts. ii) Review contracts of AEC, PMSC, SIP, PC on all contract terms to ensure PMU- USTH rights and compliance to ADB guidelines, GoV s law, international legal rules and commercial practices. iii) Based on the draft contracts and relevant document provided by PMU-USTH, the consultant will provide legal opinions to support PMU-USTH in contract negotiations; iv) Provide legal advices for PMU-USTH for potential issues or disputes in contract implementation.

5 D. Reporting 9. The following reports will be issued: (i) Initial report: Methods and working-plan for legal contract review (ii) Legal contract review for AEC (iii) Legal contract review for PMSC (iv) Legal contract review for SIP (v) Legal contract review for CP. During the review process for AEC, PMSC, SIP and CP recommendations, if need, will be in a written format. E. Implementation: 10. The package will be implemented with the following inputs: (i) Number of consultants: Team leader International Consultant for Contract Legal Review: 01 (one) National Consultant for Contract Legal review: 01 (one) (ii) The working place is the consultant s office. Consultant must use its office and facilities to perform the assignment; (iii) The expected starting time is March 2014 till December 2017 F. Qualification and experience: 11. Qualification of consulting firm: - Duly licensed for legal advice in accordance with the regulations of the country where the firm is registered. - Have successfully implemented at least 05 contracts of legal contract review for FIDIC construction contracts, including construction-related consultancy contracts; - Experience in legal contract review for ADB or international organizations financed programs and projects. - Have working experience in Vietnam. The consulting firm which has office in Hanoi is preferred. 12. Indicative qualifications and individual tasks Position Qualifications Tasks International Consultant for Contract Legal Review a) Qualifications and Experiences - Bachelor degree and above in major of law or relevant ; - Having experience in legal review on at least 5 construction - related contracts for projects and programs funded by ADB or other international organizations, with international consultants and contractors. As described in Scope of Work and Reporting 4

6 National Consultant for Contract Legal Review - Having at least 10 years of experience in legal review on ADB/FIDIC/Vietnam contracts. - Proficiency in English at work b) Other Requirements - Honest, ensuring transparency, not involved in corruption, not sanctioned by ADB or the Government of Vietnam; - High professional accountability integrity; a) Qualifications and Experiences - Bachelor degree and above in major of law or relevant ; - Having experience in legal review on at least 3 construction - related contracts for projects and programs funded by ADB or other international organizations, with international consultants and contractors. - Having experience in at least 5 years of experience in legal review on ADB/FIDIC/Vietnam contracts - Proficiency in English at work b) Other Requirements - Honest, ensuring transparency, not involved in corruption, not sanctioned by ADB or the Government of Vietnam; - High professional accountability integrity. As described in Scope of Work and Reporting

7 Section III: Expression of Interest (EOI) Consulting Firms Project Number Project Name Project Country 2750-VIE and 2751-VIE University of Science and Technology of Ha Noi Development (New Model University) Project Vietnam I. Consulting Firm Information CMS Number: Consultant Name: Country of Incorporation: Acronym: Associations (Joint Venture or Sub-consultancy) CMS Number Consultant Acronym Country Joint Venture EOI Submission Authorized By Position Present the rationale for and benefits of working in association with others rather than undertaking the assignment independently (as appropriate). Describe the proposed management and coordination approach of the association and the role of each firm. I confirm that: Documentation regarding our corporate structure including beneficial ownership has been attached into ADB s CMS. Documentation regarding our Board of Directors has been attached into ADB s CMS. A written agreement to associate for the purpose of this Expression of Interest has been signed between the consortium partners. ADB reserves the right to reject the proposal of an association if member(s) of the association is changed/dropped without valid reason after the association has been shortlisted. However, should valid reasons exist (e.g. associate partner was sanctioned by ADB or other MDBs, associate partner went out of business, etc.), satisfactory evidence in support of such reasons should be sent to ADB for consideration.

8 II. Assignment Specific Qualifications and Experience Your EOI shall demonstrate technical competence and geographical experience based on project references entered in Full registration under your CMS profile. We encourage you to update Project Information under your CMS registration prior to filling EOI. A. Technical Competence Cross-referencing the selected from your CMS profile projects, highlight the technical qualifications of your entity/consortium in undertaking similar assignments. Provide details of past experience working with similar project authorities. B. Geographical Experience Cross-referencing the selected from your CMS profile projects, present experience in similar geographic areas. C. Management Competence (Please answer each question in one paragraph of 3-5 sentences) 1. Describe standard policies, procedures and practices that your entity has to assure quality interaction with clients and outputs. Please state if your company is ISO certified. 2. How will your firm/ consortium handle complaints concerning the performance of experts or quality of the reports submitted for this assignment? What internal controls are in place to address and resolve complaints? 3. How will you ensure the quality of your firm s/ consortium s performance over the life of this assignment?

9 4. Describe standard policies, procedures and practices that your firm has put in place to avoid changes/ replacements of personnel and to ensure the continuity of professional services once contracted. 5. Describe what social protection practices you have in place to safeguard the wellbeing of your proposed experts? Specifically describe arrangements you have in place for medical, accident and life insurance coverage during the assignment. D. Other Information (maximum of 500 words) E. Project References Please select most relevant projects from your CMS Profile to demonstrate the firm s technical qualifications and geographical experience. Period Client Project Country Firm III. Comments on Terms of Reference 8

10 IV. Comments on Budget Adequacy V. Additional Questions VI. Key Considerations in approaching this assignment (no more than 9,000 characters summarizing approach and methodology) VII. Key Experts List experts that you propose to deploy for this assignment, attach their CVs to EOI attachment. Name Consultant Status Affiliation Type Affiliation Status Firm VIII. EOI Attachments Title Type Description Category Last Updated By Last Updated

11 IX. Eligibility Declaration We, the undersigned, certify to the best of our knowledge and belief: We have read the advertisement, including the terms of reference (TOR), for this assignment. Neither the consulting firm nor its associate or any of its experts prepared the TOR for this activity. We confirm that the project references submitted as part of this EOI accurately reflect the experience of the specified firm/ consortium. We further confirm that, if any of our experts is engaged to prepare the TOR for any ensuing assignment resulting from our work product under this assignment, our firm and the expert(s) will be disqualified from short-listing and participation in the assignment. All consulting entities and experts proposed in this EOI are eligible to participate in ADB-funded, -supported and administered activities. The lead entity and associates are NOT currently sanctioned by the ADB or other MDB. Neither the consulting firm nor the associates has ever been convicted of an integrity-related offense or crime related to theft, corruption, fraud, collusion or coercion. We understand that it is our obligation to notify ADB should any member of the consortium become ineligible to work with ADB or other MDB or be convicted of an integrity-related offense or crime as described above. All proposed associate/s are registered in ADB s Consultant Management System (CMS), and contact information contained in CMS is current. Associate/s, including all proposed consultants named in this EOI, have confirmed their interest in this activity in writing. Associate/s, including all proposed consultants named in this EOI, have confirmed their eligibility to participate in this activity in writing. Associate/s, including all proposed consultants named in this EOI, have authorized us in writing to represent them in expressing interest in this activity. None of the proposed consortium are subsidiaries of and/or dependent on the Executing or the Implementing Agency or individuals related to them. We understand that any misrepresentations that knowingly or recklessly mislead, or attempt to mislead may lead to the automatic rejection of the proposal or cancellation of the contract, if awarded, and may result in further remedial action, in accordance with ADB s Anticorruption Policy. 10