Vietnam: 08 criteria for evaluating the validity of technical proposals of bidders

On August 24, 2020, the Government of Vietnam issued Decree 95/2020/ND-CP providing guidelines on bidding process in procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership in Vietnam.

08    Content        Assessing    the    Validity    of    Bidders'    Technical    Proposal    Dossiers,    Decree    95/2020/ND-CP

Vietnam: 08 criteria for evaluating the validity of technical proposals of bidders (Illustrative Image)

Decree 95/2020/ND-CP stipulates the evaluation of the validity of the technical proposal in Vietnam. The bidder's technical proposal in Vietnam is considered valid if it meets the following criteria:

  1. There is the original technical proposal;
  2. There is a letter of bid in the technical proposal signed and stamped by the bidder's legal representative (if any) according to the requirements of the bidding documents; the signing time of the letter of bid must be consistent with the commencement time of the contractor selection process. For consortium bidders, the letter of bid must be signed and sealed (if any) by the legal representative of each member or the member designated to represent the consortium signs the letter of bid according to the responsibility assignment in the consortium agreement;
  3. The validity of the technical proposal meets the requirements specified in the bidding documents;
  4. Bid security with the value and validity period meeting the requirements of the bidding documents. In cases where bid security is required in the form of a letter of guarantee or certificate of surety bond insurance, such letter or certificate must be signed by the legal representative of a domestic credit institution or foreign bank branch, domestic non-life insurer, or branch of a foreign non-life insurer established according to Vietnamese law with the value, validity period, and beneficiary as required by the bidding documents;
  5. The bidder is not named in two or more technical proposals as the main contractor (independent contractor or member of a consortium);
  6. There is a consortium agreement signed and sealed (if any) by the legal representative of each consortium member;
  7. The bidder is not currently prohibited from participating in bidding activities as stipulated by the law on bidding;
  8. The bidder ensures legal status according to the provisions of Clause 1, Article 6 of this Decree. For bidders not yet registered on the Vietnam E-Procurement System, the procuring entity must require the bidder to complete registration before consideration for award to ensure legal status, not in the process of dissolution or having its business registration certificate revoked; not in a state of insolvency according to the laws of the country in which the bidder is established or has obtained a business registration certificate or business household registration certificate or other equivalent documents;

Note: Bidders with valid technical proposals will be considered and evaluated regarding their capabilities and experience. For bid packages that have undergone pre-qualification, the capabilities and experience of the bidder will not be re-evaluated.

Details may be found in Decree 95/2020/ND-CP effective from August 24, 2020.

Ty Na

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