Principles for Evaluating Bidding Documents for Investment in Specialized Road Traffic Services Projects: What are the Regulations?
What are the principles for evaluating bidding documents for investment in specialized road traffic services?
According to the provisions of Article 24 of Circular 1/2023/TT-BGTVT, the regulations are as follows:
Principles for evaluating bidding documents
The principles for evaluating bidding documents are implemented according to the provisions of Article 51 of Decree No. 25/2020/ND-CP (amended and supplemented by Clause 11 Article 89 Decree No. 35/2021/ND-CP).
Referring to Article 51 Decree No. 25/2020/ND-CP (amended and supplemented by Clause 11 Article 89 Decree 35/2021/ND-CP), the principles for evaluating bidding documents for investment in specialized road traffic services are as follows:
- The evaluation of bidding documents must be based on the evaluation criteria and other requirements in the invitation to bid, based on the submitted bidding documents, explanatory materials, and clarifications of the investor's bidding documents to ensure the selection of an investor with sufficient capacity and experience, having feasible technical, financial-commercial plans to implement the project.
- The evaluation is conducted on a copy; the investor must be responsible for the consistency between the original and the copy. In case of non-serious discrepancies between the original and the copy that do not change the ranking order of investors, the evaluation will be based on the original.
In case of serious discrepancies between the original and the copy, resulting in different evaluation outcomes on the original compared to the copy, thus changing the ranking order of investors, the investor's bidding documents will be disqualified.
- When evaluating bidding documents, the inviting party must check the technical, financial-commercial contents of the bidding documents to ensure the bidding documents do not have discrepancies, conditions, or omissions of fundamental contents.
- If the bidding documents basically meet the requirements stated in the invitation to bid, the inviting party may accept errors that are not discrepancies, conditions, or omissions of fundamental contents in the bidding documents. Discrepancies, conditions, or omissions of fundamental contents are those which, if accepted or allowed for the investor to amend, add, or replace, will:
+ Significantly affect the scope and technical, technological, quality requirements of the works, infrastructure system;
+ Significantly limit and are inconsistent with the invitation to bid regarding the rights of the inviting party, the project contract signing body, the competent authority, or the obligations of the investor in the contract;
+ Unfairly affect the competitive position of other investors whose bidding documents basically meet the requirements stated in the invitation to bid.
- Bidding documents that do not basically meet the requirements stated in the invitation to bid will be disqualified; modifications, conditions, or omissions of fundamental contents in the bidding documents to make them basically responsive are not allowed.
Principles for evaluating bidding documents for investment in specialized road traffic services
What are the regulations on issuing bidding documents for investment in specialized road traffic services?
According to the provisions of Article 21 of Circular 1/2023/TT-BGTVT, the regulations are as follows:
Invitation to bid, issuance, amendment, clarification of bidding documents; extension of the deadline for submission of bids
The invitation to bid, issuance, amendment, clarification of bidding documents; extension of the deadline for submission of bids is implemented according to the provisions of Article 51 of Decree No. 25/2020/ND-CP (amended and supplemented by Clause 11 Article 89 Decree No. 35/2021/ND-CP).
Referring to Article 51 Decree 25/2020/ND-CP (amended and supplemented by Clause 11 Article 89 Decree 35/2021/ND-CP), the regulations are as follows:
Invitation to bid, issuance, amendment, clarification of bidding documents; extension of the deadline for submission of bids
1. Invitation to bid announcements are posted per the provisions of Point d, Clause 1, Article 4, and Clause 1, Article 5 of this Decree.
2. Bidding documents are widely issued to investors participating in the bidding. The inviting party posts free and complete files of the bidding documents on the National E-procurement System.
3. In case of amendments to the bidding documents after issuance, the amendment decision along with the amended content of the bidding documents are posted by the inviting party on the National E-procurement System.
4. In case of clarifications to the bidding documents, the investor must send a written request to the inviting party at least 07 working days (for domestic bidding), 15 days (for international bidding) before the deadline for bid submission for review and handling. Clarifications to bidding documents are conducted by the inviting party in one or more of the following forms:
a) Posting clarification documents on the National E-procurement System;
b) If necessary, holding a pre-bid conference to discuss unclear contents in the bidding documents for the investor. The contents discussed must be recorded by the inviting party into minutes and form a clarification document for the bidding documents; the clarification document must be posted on the National E-procurement System.
The contents clarifying the bidding documents must not contradict the approved bidding documents. If the clarifications to the bidding documents lead to amendments to the bidding documents, the amendments are conducted according to the provisions of Clause 3 of this Article.
5. The amendment decision, clarification document of the bidding documents is part of the bidding documents.
6. Extension of the deadline for submission of bids
a) The inviting party posts a notification of extension along with the approval decision for extension on the National E-procurement System;
b) The extension notification includes the reason for the extension and the new bid submission deadline.
According to the above regulations, the issuance of bidding documents for investment in specialized road traffic services is regulated as follows:
- Bidding documents are widely issued to investors participating in the bidding. The inviting party posts free and complete files of the bidding documents on the National E-procurement System.
- In case of amendments to the bidding documents after issuance, the amendment decision along with the amended content of the bidding documents are posted by the inviting party on the National E-procurement System.
What are the conditions for issuing bidding documents for investment in specialized road traffic services?
According to Article 20 Circular 1/2023/TT-BGTVT, the regulations are as follows:
Conditions for issuing bidding documents
Bidding documents are only issued to select investors when the conditions specified in Clause 2, Article 7 of the Law on Procurement are met.
Referring to Clause 2, Article 7 of the Law on Procurement 2013, the conditions for issuing bidding documents for investment in specialized road traffic services are as follows:
- The project is listed by ministries, ministerial-level agencies, agencies under the Government of Vietnam, and People's Committees of provinces and centrally-run cities according to legal regulations or proposed by the investor;
- The investor selection plan is approved;
- Bidding documents, requirements are approved;
- Invitations to bid or shortlists are posted according to the provisions of the Law on Procurement 2013.
Circular 1/2023/TT-BGTVT will be effective from May 1, 2023.
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