What are methods and criteria for evaluating bids for investor selection by public-private partnership in the transport sector in Vietnam?

Hello LAWNET, I would like to ask if there is any regulation on the method of evaluating bids through the evaluation criteria in the bidding documents in Vietnam? Thanks!

Evaluation of technical proposals for projects applying the form of open bidding or competitive negotiation in Vietnam?

According to the provisions of Clause 1, Article 4 of Circular 09/2022/TT-BGTVT of Vietnam, guiding the content of methods and criteria for evaluating bids to select investors according to the method of public-private partnership and form of contract build - operate - transfer in the transport sector promulgated by the Minister of Transport of Vietnam, providing regulations on evaluation of technical proposals for projects applying the specific form of bidding:

(1) Evaluation of the technical proposal (hereinafter referred to as the Technical Proposal) for the project applying the form of open bidding and competitive negotiation according to the provisions of Clause 1, Article 38 of the Law on Investment by method public-private partnership (hereinafter referred to as the PPP Law)

- 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 guiding the implementation of the Law on PPP (hereinafter referred to as Decree No. 35/2021/ND-CP).

- Assessment of capacity 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 Law on PPP, the assessment of capacity and experience shall comply with the provisions of Article 5 of this Circular. this;

Investors whose Technical Proposals are evaluated as valid and satisfied in terms of capacity and experience shall be considered and evaluated in detail in technical terms.

- 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.

What are methods and criteria for evaluating bids for investor selection by public-private partnership in the transport sector in Vietnam?

What are methods and criteria for evaluating bids for investor selection by public-private partnership in the transport sector in Vietnam?

Evaluation of financial - commercial proposals for projects applying the form of open bidding and competitive negotiation in Vietnam?

As for the regulations on evaluation of financial - commercial proposals for projects applying the form of bidding, in Clause 2, Article 4 of Circular 09/2022/TT-BGTVT guiding the content of methods, criteria for evaluation of bids for investor selection under the public-private partnership method and the form of a build-operate-transfer contract in the transport sector promulgated by the Minister of Transport determined:

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 Law on PPP

- Check and evaluate the validity of financial - commercial proposals: Comply with the provisions of Clauses 1 and 2, Article 59 of Decree No. 35/2021/ND-CP;

- Correcting errors and correcting 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 of Planning. and Investment guide selection of investors to implement investment projects under the mode of public-private partnership and investment projects using land (hereinafter referred to as Circular No. 09/2021/TT-BKHDT);

- Evaluation methods and standards: Comply with the provisions of Article 7 of this Circular.

Evaluation of bids for PPP projects in the transport sector that apply the form of directing investors in Vietnam?

In Clause 3, Article 4 of Circular 09/2022/TT-BGTVT guiding the content of methods and criteria for evaluating bids for investor selection by public-private partnership method and construction contract types - business - transfer in the transport sector promulgated by the Minister of Transport of Vietnam, providing for the evaluation of the application dossier for the project in which the form of investor designation is applied, specifically:

* Evaluation of bids in case the project applies the form of investor designation as prescribed at Point a, Clause 1, Article 39 of the Law on PPP

- Examining and evaluating 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 designation 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 Law on PPP 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.

Circular 09/2022/TT-BGTVT comes into force from October 1, 2022.

Here is some of the information we provide to you. Best regards!

Thư Viện Pháp Luật

The latest legal advice
Related topics
MOST READ
{{i.ImageTitle_Alt}}
{{i.Title}}