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THE MINISTRY OF PLANNING AND INVESTMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 05/2018/TT-BKHDT

Hanoi, December 10, 2018

 

CIRCULAR

ON GUIDELINES FOR REPORTS ON BID EVALUATION CONCERNING CONTRACT PACKAGES ASSOCIATED WITH SELECTION OF PREFERRED BIDDERS ON NATIONAL BIDDING NETWORK

Pursuant to the Law on bidding No. 43/2013/QH13 dated November 26, 2013;

Pursuant to Decree No. 63/2014/ND-CP dated June 26, 2014 of the Government on amendments to the Law on Bidding on selection of preferred bidders;

Pursuant to the Government's Decree No. 86/2017/ND-CP dated July 25, 2017 on functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment promulgates a Circular on guidelines for reports on bid evaluation concerning contract packages associated with selection of preferred bidders on national bidding network.

Chapter I

GENERAL PROVISIONS

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This Circular provides guidelines for reports on e-Bid evaluation with respect to contract packages under the scope of regulation prescribed in Article 1 of the Law on Bidding No. 43/2013/QH13 under selection of preferred bidders on the national bidding network (hereinafter referred to as Network).

Article 2. Regulated entities

This Circular applies to organizations and individuals engaging in or involving in the preparation of reports on e-Bid evaluation with respect to contract packages under the scope of regulation prescribed in Article 1 hereof.

Article 3. Application of form of report on e-Bid evaluation and Appendices

1. Form No. 01A: to be applied to packages of non-consulting services, procurement of goods, construction works with single-stage and one-envelope bidding procedure, to be evaluated according to the process 01 prescribed in Point a Clause 6 Article 15 of the Circular No. 04/2017/TT-BKHDT.

2. Form No. 01B: to be applied to packages of non-consulting services, procurement of goods, construction works with single-stage and one-envelope bidding procedure, to be evaluated according to the process 02 prescribed in Point b Clause 6 Article 15 of the Circular No. 04/2017/TT-BKHDT.

3. Form No. 02: to be applied to packages of procurement of goods, construction works with single-stage and two-envelope bidding procedure as prescribed in Clause 1 Article 29 and Clause 1 Article 32 of the Circular No. 04/2017/TT-BKHDT.

4. Form No. 03: to be applied to packages of consulting services as prescribed in Clause 1 Article 29 and Clause 1 Article 32 of the Circular No. 04/2017/TT-BKHDT.

5. With regard to packages in a project funded by Official Development Assistance, concessional loans from an international treaty or an international agreement between Vietnam and sponsor, the report on e-Bid evaluation, if approved by the sponsor, shall be prepared using Form No. 01A, 01B, 02, and 03 issued herewith.

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a) Appendix 1A: Form of Request of approving results of evaluation of Technical Proposal (to be used in a package with single-stage and two-envelope bidding procedure);

b) Appendix 1B: Form of Decision on approving list of bidders satisfying technical specifications (to be used in a package with single-stage and two-envelope bidding procedure);

c) Appendix 2A: Form of Request for approving the list of ranking of bidders (to be used in a package with single-stage and one-envelope bidding procedure);

d) Appendix 2B: Form of Request for approving the list of ranking of bidders (to be used in a package with single-stage and two-envelope bidding procedure);

dd) Appendix 3A: Form of Record of Negotiation of Contract (to be used in a package of non-consulting services, procurement of goods, construction works);

e) Appendix 3B: Form of Record of Negotiation of Contract (to be used in a package of consulting services);

g) Appendix 3C: Document collation result form (applied to all contract packages);

h) Appendix 4: Form of Request for approving results of Bidder selection;

i) Appendix 5: Form of Commitment.

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1. The E-bid evaluation period will last no longer than 45 days from the bid opening date to the date on which the Procuring Entity requests the Investor to approve the results of bidder selection. The e-Bid evaluation period exclude the period of assessment and approval, including the period of assessment of Technical Proposal evaluation applicable to the package with single-stage and two-envelope bidding procedure. In necessary cases, the Bid evaluation period may last longer than prescribed period but not exceeding 20 days and the time for performance of project is ensured.

2. With regard to a small-scale package, the e-Bid evaluation period will last no longer than 25 days from the bid opening date to the date on which the Procuring Entity requests the Investor to approve the results of bidder selection. In necessary cases, the Bid evaluation period may last longer than prescribed period but not exceeding 20 days and the time for performance of project is ensured.

Article 5. E-bid evaluation method

1. In a case where a bidder simultaneously participates in bidding of multiple packages and it is ranked first in a package and is the successful Bidder of another or other packages, the Investor or Procuring Entity shall clarify its qualifications as to technical and financial aspects during the process of negotiation and finalization of the contract.

2. As for eligibility evaluation (except for Bid Security and Joint Venture Agreement), the Network automatically evaluate it on the basis of the bidder’s commitments in the Letter of Bid. The bidder shall take responsibility for the accuracy of its commitments. If the bidder’s commitments are found untruthful, the bidder shall be presumed as fraudulent and face penalties prescribed in Clause 1 Article 122 of Decree No. 63/2014/ND-CP.

3. As for packages of non-consulting services, procurement of goods, construction works, evaluation contents related to previous contract non-fulfillment records, financial performance, annual average revenues, requirements for financial resources, experience in similar contract performance shall be automatically evaluated the Network based on the declaration of the bidder made in the webform. The bidder shall take responsibility for the accuracy of its declaration. If the bidder fails to make declaration or makes an untrue, incomplete, unresponsive declaration compared to the requirements prescribed in e-Bidding Document, the Network will evaluate the bidder as failed as to this item. As for the similar contract item, if the expert group discovers that the Network is wrong when evaluate the bidder “passed” as to that item, the expert group may re-evaluate and decide the evaluation result in this item.

4. As for financial evaluation, if the bidder fails to declare information about goods or attach documents on personnel in e-Bid as the basis for calculation of incentives, the bidder is not entitled to incentives.

Article 6. Expert group

1. An expert group shall be established by the Procuring Entity or consultancy unit (if the consultancy unit is hired to act as the Procuring Entity). Each member of the expert group must meet requirements prescribed in Article 116 of Decree No. 63/2014/ND-CP. Each member of the expert group must make and send a commitment prescribed in Appendix 5 before conducting the evaluation of e-Bids.

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a) Specific tasks assigned to each member;

b) Scheduled time to complete the e-Bid evaluation;

c) Working methods of the expert group;

d) Other necessary information.

3. The Procuring Entity shall insert the list of expert group, attach the expert group establishment decision, and working regulations of the expert group to the Network.

Article 7. Report on e-Bid evaluation

1. The Network shall automatically extract information about the contract package and collect evaluation results from evaluation forms.

2. Apart from e-Bid evaluation results, in report on e-Bid evaluation, the expert group must clarify the following:

a) Responsibilities of every member in the expert group as assigned as prescribed in Point a Clause 2 Article 6 of this Circular;

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c) Reservations (if any).

Chapter II

E-BID EVALUATION PROCESS

Section 1. SINGLE-STAGE AND ONE-ENVELOPE PROCEDURE

Article 8. E-bid evaluation under Process 01

1. Evaluation of eligibility criteria (to be carried out in webform - online evaluation):

a) The Network shall automatically evaluate the following: bidder’s qualifications prescribed in Clause 1 Article 5 of the Law on Bidding No. 43/2013/QH13 based on the bidder’s commitment in the e-Bid and determination if the bidder has its name stated in two or more e-Bids as a prime contractor.

b) The expert group shall evaluate the eligibility criteria of the bid security and joint venture agreement according to the enclosed scan.

c) A bidder who has passed all eligibility criteria will be evaluated further concerning qualifications and experience criteria.

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a) The Network will evaluate the following: previous contract non-fulfillment records, financial performance, annual average revenue, financial resources, and experience in performance of similar contracts based on information declared by the bidder in the webform in the e-Bid.

b) The expert group shall evaluate other criteria apart from those indicated in Point a of this Clause based on the information declared by the bidder in the webform in the e-Bid.

c) A bidder who has passed all qualifications and experience criteria will be evaluated further as to technical criteria.

3. Technical evaluation (not to be carried out in webform - offline evaluation):

The expert group shall evaluate technical criteria. After completing the evaluation, the expert group shall only insert the result into the webform in the Network, not insert all evaluation in the webform. The technical evaluation shall be attached in the report on evaluation.

c) A bidder who has passed technical criteria will be evaluated further as to financial criteria.

4. Financial evaluation (not to be carried out in webform - offline evaluation):

The expert group shall evaluate financial criteria. After completing the evaluation, the expert group shall only insert the result into the webform in the Network, not insert all evaluation in the webform. The financial evaluation shall be attached in the report on evaluation.

5. After completing the report on evaluation in the Network, the expert group shall print it and bear their signatures and seal (if any). According to the result of e-Bid evaluation provided by the expert group, the Procuring Entity shall submit the list of ranking of bidders for the investor's approval.

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7. After collation, if the Procuring Entity recognizes that there is material deviation between the documents provided by a bidder and declaration made by that bidder in the e-Bid, resulting in a change to the e-Bid evaluation result, the Procuring Entity shall require the expert group to re-evaluate this bidder. After the expert group re-completes the report on evaluation, the Procuring Entity shall submit the list of ranking of bidders for the investor’s approval as the basis for inviting the bidder to enter into negotiation as prescribed in Clause 6 of this Article. In this case, the untruthful declaration in the e-Bid shall be considered as fraudulent as prescribed in Clause 4 Article 89 of the Law on Bidding No. 43/2013/QH13.

Article 9. E-bid evaluation under Process 02

1. According to the bid opening record in the Network, the price-based first-ranking bidder shall be evaluated under the process prescribed in Clauses 1, 2 and 3 Article 8 of this Circular.

2. If the first ranking bidder is considered responsive to all criteria prescribed in the e-Bidding Document, the Procuring Entity shall invite this bidder enter into negotiation. During the negotiation process, the Procuring Entity shall take responsibility for collating documents provided by the bidder and declaration made in the e-bid and make a record on the collation according to the Appendix 3C hereof. The record on collation shall be attached to the record on negotiation.

After collation, if the Procuring Entity recognizes that there is material deviation between the documents provided by a bidder and declaration made by that bidder in the e-bid, resulting in a change to the e-bid evaluation result, the Procuring Entity shall require the expert group to re-evaluate this bidder. In this case, the untruthful declaration in the e-bid shall be considered as fraudulent as prescribed in Clause 4 Article 89 of the Law on Bidding No. 43/2013/QH13.

3. If the first-ranking bidder is considered unresponsive to all criteria of the e-Bidding Document as prescribed in Clause 1 of this Article, the Procuring Entity shall evaluate the subsequent-ranking bidder.

Section 2. SINGLE-STAGE AND TWO-ENVELOPE PROCEDURE

Article 10. E-bid evaluation process associated with procurement of goods, construction works

1. The evaluation of e-Technical Proposal includes evaluation of eligibility; qualifications and experience; technical evaluation prescribed in Clauses 1, 2, and 3 Article 8 hereof.

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3. After completing the report on evaluation of e-Technical Proposal and e-Financial Proposal, the expert group shall print such report and bear signature and seal (if any). The negotiation of contract and document collation shall be carried out as prescribed in Clause 6 and Clause 7 Article 8 hereof.

Article 11. Procedures for evaluation of e-Bid associated with packages of consulting services

1. The evaluation of e-Technical Proposal includes evaluation of eligibility; technical evaluation prescribed in Clauses 1 and Clause 3 Article 8 hereof.

2. Bidders who have passed the evaluation of e-Technical Proposal shall have their e-Financial Proposal opened. The e-Financial Proposal shall be evaluated according to the process prescribed in Clause 4 Article 8 hereof.

3. After completing the report on evaluation of e-Technical Proposal and e-Financial Proposal, the expert group shall print such report and bear signature and seal (if any). The negotiation of contract and document collation shall be carried out as prescribed in Clause 6 and Clause 7 Article 8 hereof.

Section 3. E-BID CLARIFICATION, SUBMISSION, ASSESSMENT AND APPROVAL

Article 12. Clarification of e-Bids

1. After opening a Bid, the bidder is responsible for clarifying the e-Bid at the request of the Procuring Entity. The e-Bid shall be clarified directly on the Network.

2. If the Procuring Entity requests the bidder to clarify the e-Bid on the Network, but the bidder have many documents which are needed to be clarified and cannot be submitted directly on the Network, the bidder may send them to the Procuring Entity by post, in person, fax, or email within the time limit stated in the Request for Clarification of the Procuring Entity.

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1. In case of a package with single-stage and one-envelope procedure:

a) If the package is evaluated under the process 01, based on the report on result of e-Bid of the expert group, the Procuring Entity shall submit the list of ranking of bidders for the investor’s approval. If there is only one bidder who has passed the financial evaluation, the list of ranking of bidders is not required to be approved.

b) If the package is evaluated under the process 02, the list of ranking of bidders is not required to be approved. The ranking of bidders shall be carried out according to the bid opening record.

c) According to the negotiation of contract, the Procuring Entity shall submit the results of bidder selection for the investor’s approval. The investor shall assess and consider approving the results of bidder selection.

2. In case of a package with single-stage and two-envelope procedure:

a) Based on the report on evaluation of technical proposal made the expert group, the Procuring Entity shall submit the list of bidders qualified for technical requirements for the investor's approval. The list of bidders qualified for technical requirements must be assessed before approval.

b) According to the report on evaluation of financial proposal provided by the expert group, the procuring entity shall submit the list of ranking of bidders for the investor's approval. If there is only one bidder who has passed the financial evaluation, the list of ranking of bidders is not required to be approved.

c) According to the negotiation of contract, the Procuring Entity shall submit the results of bidder selection for the investor’s approval. The investor shall assess and consider approving the results of bidder selection.

Chapter III

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Article 14. Implementation

1. This Circular comes into force as of September 1, 2019.

2. Depending upon the actual circumstances, Public Procurement Agency, the Ministry of Planning and Investment may revise webforms in the Network to enable parties to engage in the e-selection of preferred bidders, simplify procedures, enhance competitiveness, equity, transparency and economic efficiency in bidding, and ensure the performance of state management of bidding.

3. Ministries, ministerial agencies, Governmental agencies, other agencies of central government, People’s Committees and relevant organizations and individuals shall implement this Circular. Difficulties that arise during the implementation of this Circular, Ministries, ministerial agencies, Governmental agencies, other agencies of central government, People’s Committees and relevant organizations and individuals should send reports to the Ministry of Planning and Investment for further guidance./.

 

 

MINISTER




Nguyen Chi Dung