Thông tư 23/2015/TT-BKHDT

CIRCULAR

ON GUIDELINES FOR REPORT ON BID EVALUATION

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 bidders;

Pursuant to the Government's Decree No. 116/2008/ND-CP dated November 14, 2008 defining the functions, tasks, entitlements 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 as follows:

Article 1. Scope

This Circular provide guidelines for report on Bid evaluation with respect to contract packages under scope of regulation prescribed in Article 1 of the Law on Bidding No. 43/2013/QH13.

Article 2. Regulated entities

This Circular applies to organizations and individuals engaging in or involving in the selection of Bidders under scope of regulation prescribed in Article 1 hereof.

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

1. With regard to packages of procurement of goods, works, mixed package with single-stage and one-envelope bidding procedure, the report on Bid evaluation shall be prepared using Form No. 01 issued herewith.

2. With regard to packages of procurement of goods, works, mixed package with single-stage and two-envelope bidding procedure, the report on Bid evaluation shall be prepared using Form No. 02 issued herewith.

3. With regard to packages of consulting services, the report on Bid evaluation shall be prepared using Form No. 03 issued herewith.

4. With regard to packages concerning prequalification document, invitation for expression of interest; non-consulting services; shopping method, direct contracting, direct procurement; packages with two-stage and one-envelope bidding procedure, two-stage and two-envelope bidding procedure, the report on evaluation of applications for prequalification document, expression of Interest responses, bids, or proposals shall be prepared using Form No. 01, 02, and 03 issued herewith.

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 evaluation of Bid or Proposal, if approved by the sponsor, shall be prepared using Form No. 01, 02, and 03 issued herewith.

6. The Procuring Entity shall, according to type of package and bidding procedure, select suitable forms of records and requests in Appendices issued herewith as follows:

a) Appendix 1: Form of Record of Bid Closing (if necessary);

b) Appendix 2A: Form of Record of Bid Opening (to be used in a package with single-stage and one-envelope bidding procedure);

c) Appendix 2B: Form of Record of Technical Proposal Opening (to be used in a package with single-stage and two-envelope bidding procedure);

d) Appendix 3A: Form of Request for approving results of evaluation of Record of Technical Proposal (to be used in a package with single-stage and two-envelope bidding procedure);

dd) Appendix 3B: Form of Decision on approving list of Bidder satisfying technical requirements (to be used in a package with single-stage and two-envelope bidding procedure);

e) Appendix 4: Form of Record of Financial Proposal Opening (to be used in a package with single-stage and two-envelope bidding procedure);

g) Appendix 5A: 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);

h) Appendix 5B: 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);

i) Appendix 6A: Form of Record of Negotiation of Contract (to be used in a package of procurement of goods, works, or mixed package);

k) Appendix 6B: Form of Record of Negotiation of Contract (to be used in a package of consulting services);

l) Appendix 7: Form of Request for approving results of Bidder selection;

m) Appendix 8: Form of Commitment.

Article 4. Bid evaluation period

The Bid evaluation period will last no longer than 45 days regarding domestic bidding and no longer than 60 days regarding international bidding, from the deadline for the submission of bids to the date on which the Procuring Entity requests the Investor to approve the results of Bidder selection. The 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 project schedule is ensure.

Article 5. Bid evaluation

1. The Bid evaluation shall be consistent with regulations of the Law on Bidding No. 43/2013/QH13, Decree No. 63/2014/ND-CP and Bidding Documents.

2. The working regulations or working methods of an expert group in charge of report on Bid evaluation shall specify actions against the case that one member of the expert group raise opinions different from others' opinions. Such member may reserve his/her opinions.

3. 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 qualification during the process of negotiation and finalization of the contract.

4. If the single-stage and two-envelope bidding procedure applies, the Procuring Entity shall notify Bidder participating in the process of bidding of written notice of results of Technical Proposal evaluation. The notice shall specify names of Bidder satisfying technical requirements, reasons for not satisfying technical requirements, location and time of Technical Proposal opening. The Bidders not satisfying technical requirements may assign their representatives to participate in the Technical Proposal opening.

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 send a commitment prescribed in Appendix 8 to the Procuring Entity before conducting the evaluation of bids, proposals, applications for prequalification document, expression of interest responses.

2. In exceptional circumstances, the chief of the expert group shall issue working regulations which at least contain:

a) Specific tasks assigned to each member;

b) Scheduled time to complete the Bid evaluation;

c) Working methods of the expert group;

d) Other necessary information.

Article 7. Submission, assessment and approval for results of bidder selection

1. Packages with single-stage and one-envelope bidding procedure:

The Procuring Entity shall, according to the report on Bid evaluation provided by the expert group, approve the list of Ranking of Bidders.

2. Packages with single-stage and two-envelope bidding procedure:

a) The Procuring Entity shall, according to the report on Technical Proposal evaluation provided by the expert group, request the Investor to approve the list of Bidders satisfying technical requirements. The list of Bidders satisfying technical requirements shall be assessed before being approved;

b) The Procuring Entity shall, according to the report on Financial Proposal evaluation provided by the expert group, approve the list of Ranking of Bidders.

3. The Procuring Entity shall, according to the ranking of Bidders and negotiation of contract, request the Investor to approve the results of Bidder selection. The results of Bidder selection must be assessed before being approved.

Article 8. Implementation

1. This Circular comes into force from February 15, 2016. This Circular replaces Circular No. 09/2010/TT-BKH dated April 21, 2010 of the Ministry of Planning and Investment on guidelines for report on Bid evaluation regarding packages of procurement of goods, works and Circular No. 15/2010/TT-BKH dated June 29, 2010 of the Ministry of Planning and Investment on guidelines for report on Bid evaluation regarding packages of consultancy services

2. Ministries, ministerial-level agencies, Governmental agencies, other agencies of central government, People’s Committees, relevant organizations and individuals shall implement this Circular. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and Investment for consideration./.

Appendix 1

RECORD OF BID CLOSING⁽¹⁾

A. GENERAL INFORMATION

I. Project’s name: _____ [insert project's name according to the investment decision].

II. Package’s name: _____ [insert package's name according to the plan for bidder selection].

III. Procuring Entity and Bidders submitting their Bids:

1. Procuring Entity: _____ [inert member's name receiving Bids].

2. List of Bidders submitting their Bids until the deadline for the submission of bids:

3. Bidders applying for withdrawal, replacement or amendments to Bids (if any): _____ [insert the name and address of the Bidder].

B. OTHER INFORMATION (IF ANY)

Deadline for the submission of bids: ____ [insert the deadline for the submission of bids] at _____ [insert location of Bid closing].

Procuring Entity’s signature ________

[Name and seal (if any) of Procuring Entity’s representative].

Notes:

(1) Procuring Entity is not required to make the Record of Bid Closing when it is deemed necessary.

Appendix 2A

RECORD OF BID OPENING

(to be used for the package with single-stage and one-envelope bidding procedure)

The Bid opening begins from _____ [insert bid opening time] at ____ [insert bid opening place].

A. GENERAL INFORMATION

I. Project’s name: _____ [insert project's name according to the investment decision].

II. Package’s name: _____ [insert package's name according to the plan for bidder selection].

III. List of Bidders

1. Bidders buying or receiving Bids form Procuring Entity: _____ [insert the name and address of the Bidder].

2. Bidders submitting Bids in accordance with regulations: _____ [insert the name and address of the Bidder].

3. Bidders submitting Bids after the deadline for the submission of bids (if any): _____ [insert name and address of Bidders submitting Bids after the deadline for the submission of bids].

4. Bidders applying for replacement or amendments to Bids (if any): _____ [insert name and address of Bidders applying for replacement or amendments to Bids].

B. ESSENTIAL INFORMATION IN BID OPENING

Opinions of parties' representatives participating in the Bid opening (if any).

C. OTHERS (IF ANY)

_________ [Procuring Entity inserts other relevant information (if any)].

A copy of the record shall be distributed to all Bidders who participate in the Bid opening.

The Bid opening ends at: _______ [insert the end time of the Bid opening]

Signatures of Procuring Entity’s representative and Bidders participate in the Bid opening: 

_______________

Notes:

The Procuring Entity’s representative shall bear his/her signature in the original of the following documents: Letter of Bid, Letter of Discount (if any), Power of Attorney of legal representatives of the Bidders (if any); joint venture agreement (if any); Bid Security; contents of Financial Proposal and other material contents of each Bid.  The Bid opening shall be consistent with regulations of the Law on Bidding, Decree No. 63/CP and Bidding Documents.