Should not change or add any content of the criteria stated in the bidding documents in Vietnam when evaluating bids?
- Is it possible to change or supplement the content of the standards stated in the bidding documents in Vietnam when evaluating bids?
- How is the method of evaluating bids through the evaluation criteria in the bidding documents in Vietnam in the form of open bidding?
- How to evaluate bids in case the project applies the form of investor designation?
Is it possible to change or supplement the content of the standards stated in the bidding documents in Vietnam when evaluating bids?
According to Article 3 of Circular 09/2022/TT-BGTVT stipulating:
"Article 3. Application principles
1. In Appends I, II, III, IV issued together with this Circular, contents in vertical print are mandatory, contents in italics are for guidance purposes and are concretized on the website. based on the scale, nature and specific conditions (if any) of each field and of each project but must not state any standards or conditions to limit the participation of investors or to create advantages. for one or several investors.
2. Evaluation criteria must be disclosed in the bidding documents in Vietnam (hereinafter referred to as the Bidding Documents). During the evaluation process of bids (hereinafter referred to as Bids) must comply with the evaluation criteria stated in the Bid, not change or add any content.
3. The BOT contract signed between the Contracting Authority and the investor or project enterprise (hereinafter referred to as DNDA) shall comply with the BOT contract type specified in Appendix IV issued with this Circular. this. During the process of negotiating and finalizing the contract, the parties may propose to amend and supplement the contract content to ensure that the basic content of the Bid does not change and is not contrary to the provisions of the Bidding Documents, the law on investment in the form of public-private partnership and relevant laws.
4. For Build - Transfer - Operate (BTO) Contracts, Build - Own - Operate (BOO) Contracts, Build - Transfer - Lease (BLT) Contracts, Build - Lease - Transfer (BTL) and Mixed Contracts: During the implementation process, the Procuring Entity can refer to the appropriate contents of the BOT contract type specified in Appendix IV issued. enclosed with this Circular to develop a sample type of contract in the Bidding Documents to ensure conformity with the type of contract, the specific characteristics of each field and project, and relevant provisions of law.
How is the method of evaluating bids through the evaluation criteria in the bidding documents in Vietnam in the form of open bidding?
According to Clauses 1 and 2, Article 4 of Circular 09/2022/TT-BGTVT, stipulating the evaluation of bids as follows:
Methods of evaluating bids through evaluation criteria in the bidding documents in Vietnam include:
(1) Evaluation of the technical proposal (hereinafter referred to as the Technical Proposal) for the project applying the form of open bidding or competitive negotiation according to the provisions of Clause 1, Article 38 of the Law - Investment by method. public-private partnership (hereinafter referred to as the PPP Law)
(a) Check and evaluate the validity of the Technical Proposal: Comply with the provisions of Clauses 1 and 2, Article 56 of Decree No. 35/2021/ND-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the Law on PPP (hereinafter referred to as Decree No. 35/2021/ND-CP).
(b) Assessment of Competency and Experience
- For projects applying the form of open bidding with pre-qualification: Comply with the provisions of Point a, Clause 3, Article 56 of Decree No. 35/2021/ND-CP;
- For projects applying the form of open bidding without pre-qualification and competitive negotiation as prescribed in Clause 1, Article 38 of the PPP Law, the assessment of capacity and experience shall comply with the provisions of Article 5 of this Circular. this quarter;
- Investors whose Technical Proposals are evaluated validly and satisfied in terms of capacity and experience shall be considered and evaluated in detail in technical terms.
(c) Detailed technical assessment: Comply with the provisions of Article 6 of this Circular.
- Investors who meet technical requirements may consider and evaluate financial-commercial proposals.
(2) Evaluation of financial - commercial proposals for projects applying the form of open bidding and competitive negotiation according to the provisions of Clause 1, Article 38 of the PPP Law
(a) Examine and evaluate the validity of the financial-commercial proposal: Comply with the provisions of Clauses 1 and 2, Article 59 of Decree No. 35/2021/ND-CP;
(b) Correction of errors and correction of deviations: Comply with the provisions of Clause 1, Section 2, Part B, Chapter III, Appendix IV issued together with Circular No. 09/2021/TT-BKHDT dated November 16, 2021 of the Ministry Planning and Investment guiding the selection of investors to implement investment projects in the form of public-private partnerships and investment projects using land (hereinafter referred to as Circular No. 09/2021/TT-BKHDT) ;
(c) Evaluation methods and standards: Comply with the provisions of Article 7 of this Circular.
How to evaluate bids in case the project applies the form of investor designation?
According to Clause 3, Article 4 of Circular 09/2022/TT-BGTVT stipulating:
- Evaluation of bids in case the project applies the form of investor appointment as prescribed at Point a, Clause 1, Article 39 of the PPP Law.
+ Check and evaluate the validity of the bid: Comply with the provisions at Point a, Clause 1 of this Article and Clause 5, Article 29 of Decree No. 35/2021/ND-CP;
+ Assessment of capacity and experience: Comply with the provisions of Article 5 of this Circular;
+ Detailed technical assessment: Comply with the provisions of Point c, Clause 1 of this Article, in which the detailed technical evaluation criteria uses the pass and fail evaluation method according to Section II, Appendix II issued. issued together with this Circular. There is no regulation on the list of investors that meet the technical requirements;
+ Detailed financial - commercial assessment: Comply with the provisions of Clause 2 of this Article and Article 7 of this Circular, without regulations on investor ratings.
- Evaluation of bids in case the project applies the form of investor appointment as prescribed at Point b, Clause 1, Article 39 of the Law on PPP.
+ Evaluation of eligibility: Comply with the provisions of Article 29 of the PPP Law and Clause 5, Article 29 of Decree No. 35/2021/ND-CP;
+ Assessment of capacity and experience: Comply with the provisions of Article 5 of this Circular.
Thus, in principle, in the process of evaluating bids (hereinafter referred to as Bids) must comply with the evaluation criteria stated in the Bid, not change or add any content, evaluation methods. shall be carried out in accordance with the above provisions.
Circular 09/2022/TT-BGTVT takes effect from October 1, 2022.
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