04:16 | 25/10/2022

What are the contents of the invitation for bids for the first stage according to the two-stage two-envelope method in Vietnam?

May I ask what the contents of the invitation for bids for the first stage according to the two-stage two-envelope method in Vietnam are? How to carry out the first stage of bid invitation by the two-stage two-envelope method in Vietnam? - Question from Mr. Hung (Binh Thuan)

What are the contents of the invitation for bids for the first stage according to the two-stage two-envelope method in Vietnam?

Pursuant to Article 49 of Decree No. 63/2014/ND-CP stipulating the preparation for first stage of bidding as follows:

Preparation for first stage of bidding
1. Depending on the scale and nature of the contract, the short-listing method may be employed to invite capable and experienced contractors that satisfy the requirements of the contract to bid for the contract. The employment of short-listing method shall be decided by a competent person, and must be specified in the bidding plan; bidders shall be short-listed in accordance with Article 22 of this Decree.
2. Making the invitation for bids of the first stage:
a) The basis for making the invitation for bids is specified in Clause 1 Article 12 of this Decree;
b) Contents of the invitation for bids:
The invitation for bids must specify criteria for evaluating bid-envelopes, including criteria for evaluating bidders’ competence and experience (If the bidders have undergone prequalification, the criteria for evaluating bidders’ experience may be omitted in the invitation for bids; however, bidders must be requested to update info about their competence), criteria for technical evaluation; request for bidders’ financial proposals, and relevant contents mentioned in Clauses 2, 3, 4, 5, 7, 8 of Article 12, and Article 24 of this Decree. The invitation for bids must not contain any clause that restricts the participation of bidders or favor certain bidders, which creates unfair competition.
3. Evaluating and approving the invitation for bids:
a) The invitation for bids must be evaluated in accordance with Article 105 of this Decree before it is approved;
b) The approval for invitation for bids must be granted in writing in accordance with the report on evaluation of the invitation for bids.

Thus, the contents of the invitation for bids for the first stage according to the two-stage two-envelope method in Vietnam is specified as above.

What are the contents of the invitation for bids for the first stage according to the two-stage two-envelope method in Vietnam?

What are the contents of the invitation for bids for the first stage according to the two-stage two-envelope method in Vietnam? (Image from the Internet)

How to carry out the first stage of bid invitation by the two-stage two-envelope method in Vietnam?

According to Clause 4, Article 50 of Decree No. 63/2014/ND-CP on holding the first stage of bidding as follows:

Holding the first stage of bidding
4. Opening technical proposals:
Technical proposals shall be opened in accordance with Clause 4 Article 26 of this Decree. Financial proposals shall be opened in the second stage.

According to Clause 1, Article 26 of Decree No. 63/2014/ND-CP on holding contractor selection as follows:

Contractor selection
1. 1. Soliciting contractors;
a) Notification of Invitation for bids shall be applied in the event that the short-listing is not carried out and this shall be performed according to the regulations specified in Point d Clause 1 Article 7 and Point b Clause 1 or Point a Clause 2 Article 8 of this Decree;
b) Send out the Invitation for bids to short-listed contractors.

Thus, the first stage of bid invitation by the two-stage two-evelope method is carried out as above.

Does the procuring entity have to send the list of bidders that meet technical requirements to all bidders that participate in the first stage?

Pursuant to Article 50 of Decree No. 63/2014/ND-CP, holding the first stage of bidding is regulated as follows:

Holding the first stage of bidding
1. a) The first stage of bid invitation shall be carried out in accordance with Clause 1 Article 26 of this Decree.
2. Issuing, adjusting, clarifying the invitation for bids:
The invitation for bids shall be issued, adjusted, and clarified in accordance with Clause 2 Article 14 of this Decree.
3. Preparing, submitting, receiving, managing, adjusting, and withdrawing bid-envelopes:
Bid-envelopes shall be prepared, submitted, received, managed, adjusted, and withdrawn in accordance with Clause 3 Article 14 of this Decree.
4. Opening technical proposals:
Technical proposals shall be opened in accordance with Clause 4 Article 26 of this Decree. Financial proposals shall be opened in the second stage.
5. Evaluation of technical proposals:
a) Technical proposals shall be evaluated in accordance with Article 28 of this Decree.
b) While evaluating technical proposals, according to requirements in the invitation for bids and technical proposals of bidders, the procuring entity shall discuss with each bidder in order to make technical adjustment to the invitation for bids.
6. The list of bidders that meet technical requirements in the first stage must be approved in writing based on the report on verification of technical evaluation result. The procuring entity must send the list of bidders that meet technical requirements to all bidders that participate in the first stage, then invite the bidders that meet technical requirements in the first stage to participate in the second stage.

Thus, according to regulations, the procuring entity must send the list of bidders that meet technical requirements to all bidders that participate in the first stage, then invite the bidders that meet technical requirements in the first stage to participate in the second stage.

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