Vietnam: What is the process of carrying out single-stage one-envelope bidding procedure?
- How is single-stage one-envelope bidding procedure carried out according to the process in Vietnam?
- What forms of bidding is the single-stage one-envelope bidding procedure applied in Vietnam?
- What documents do single-stage one-envelope bidding procedure need to prepare in Vietnam?
- How are single-stage one-envelope bidding procedures assessed for validity in Vietnam?
How is single-stage one-envelope bidding procedure carried out according to the process in Vietnam?
Pursuant to Article 11 of Decree 63/2014/ND-CP, which stipulates the detailed bidding process when applying the one-stage method, the dossier bag shall be carried out according to the following steps:
Step 1. Preparation of contractor selection:
- Preparation of bidding documents;
- Appraisal and approval of bidding dossiers.
Step 2. Organization of contractor selection:
- Tendering;
- Issuing, amending and clarifying bidding dossiers;
- Preparing, submitting, receiving, managing, modifying and withdrawing bid dossiers;
- Open bid.
Step 3. Evaluation of bids:
- Check and evaluate the validity of bid dossiers;
- Detailed evaluation of bid dossiers;
- Contractor ratings.
Step 4. Negotiate contracts.
Step 5. Submit, appraise, approve and publicize the results of contractor selection.
Step 6. Complete and conclude contracts.
Vietnam: What is the process of carrying out single-stage one-envelope bidding procedure?
What forms of bidding is the single-stage one-envelope bidding procedure applied in Vietnam?
Pursuant to Clause 1, Article 28 of the 2013 Law on Bidding of Vietnam, there are provisions on the method of one-stage one-bag dossiers to be applied in the following cases:
- Competitive bidding, limited bidding for procurement of non-consulting service provision; procurement of procurement of goods, works, mixed packages with small scale;
- Shopping Method for procurement of non-consulting service provision, goods procurement, works;
- Direct Contracting for procurement of the consulting service provision, non-consulting service provision, goods procurement, construction, mixed packages;
- Direct Procurement for procurement of goods procurement;
- Direct Contracting for selection of investor.
What documents do single-stage one-envelope bidding procedure need to prepare in Vietnam?
Pursuant to Point b, Clause 1, Article 18 of Decree 63/2014/ND-CP, there are provisions on bid dossiers in the form of one-stage one-bag dossiers as follows:
Article 18. Evaluation of the bid packages
1. Examining the validation of the bid packages must include:
a) Check the number of original and duplicate bid packages;
b) Examine ingredients of the bid packages, including the bid letter, agreement on founding joint venture or consortium (if any), authorization for the validation of the bid letter (if any); tender guarantee; proof of bidder’s validation; proof of bidder's competence and experience; technical proposal; financial proposal; other relevant ingredients.
…
Accordingly, when bidding in the one-stage method, the following documents should be prepared:
- Bid.
- Codeshare agreement in the case of codeshare contractors;
- Securing bids;
- Documents proving the contractor's eligibility;
- Documents proving the contractor's capacity and experience;
- Technical proposals;
- Proposals on finance and other components of the bid dossier;
How are single-stage one-envelope bidding procedures assessed for validity in Vietnam?
Pursuant to Clause 2, Article 18 of Decree 63/2014/ND-CP, bids of bidders shall be assessed as valid when fully meeting the following contents:
A bid package is considered valid when it fully meets the following requirements:
- Keep an original of the bid package available;
- Hold the bid letter signed and sealed by a bidder’s legal representative (if any) as required in the bidding documents; identify definite time for the contract execution specified in the bid letter to correspond to the technical proposal; detail and fix the offer price in numbers and words, which must logically match total offer price quoted in the general pricelist; do not propose different quoted bids or invent any disadvantageous terms and conditions to investors or procuring entities. As for a bidder as a joint venture or consortium, the bid letter must be signed and sealed by a legal representative of each partner (if any) or the head on behalf of joint venture or consortium must sign the bid letter with reference to the duties assigned in the agreement on founding joint venture or consortium;
- Validate the bid package to conform to the regulations specified in the bidding documents;
- Hold the tender guarantee with its validity and expiry date conforming to requirements given in the bidding documents. In the event of the tender guarantee in the form of a guarantee letter, it must be issued by the legal representative of credit institutions or foreign bank's branches in compliance with Vietnam laws, which specify the value, expiry date and beneficiary as required by the bidding documents;
- Do not take part in two or more bid packages in which they are considered the main contractor (independent contractor or a partner of joint venture or consortium);
- Show the agreement on founding the joint venture or consortium, signed and sealed by every partners (if any);
- Prove that bidders are not prohibited from participating in the bidding according to bidding laws;
- Ensure their valid status under regulations specified in Clause 1 Article 5 of the Bidding Law.
Those who submit their validated bid packages shall be considered and evaluated to verify their competence and experience.
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