What are the contractor selection procedures for procurement packages with high technical requirements in Vietnam?
- What are the contractor selection procedures for procurement packages with high technical requirements in Vietnam?
- What are the contractor selection procedures for procurement packages which employ new, complicated and/or special techniques or technologies but of which specific and adequate technical requirements are not yet imposed when the bidding is conducted?
- Vietnam: What do the price contents of contractor selection plan for procurement packages with high technical requirements as prescribed by the law on science and technology include?
What are the contractor selection procedures for procurement packages with high technical requirements in Vietnam?
Pursuant to Clause 1, Article 30 of the Law on Bidding 2023:
Single-stage one-envelope procedure
1. Single-stage one-envelope procedure shall be adopted in the following cases:
a) Competitive bidding or limited bidding for non-consulting service, procurement, construction or mixed packages, except the cases specified in Point b Clause 1 Article 31 of this Law;
b) Shopping for non-consulting service, procurement, construction or PC packages;
c) Direct contracting for consulting service, non-consulting service, procurement, construction, or mixed packages;
d) Direct procurement for procurement packages.
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Single-stage one-envelope procedure shall be adopted in the case of limited bidding for procurement packages with high technical requirements as prescribed by the law on science and technology.
Note:
Pursuant to Clauses 2 and 3, Article 30 of the Law on Bidding 2023, Bidders submit bids or proposals in one envelope containing both the technical proposal and the financial proposal in accordance with the requirements laid down in the bidding documents or RFP.
All bids or proposals shall be opened at the same bid opening.
What are the contractor selection procedures for procurement packages with high technical requirements in Vietnam? (Image from the Internet)
What are the contractor selection procedures for procurement packages which employ new, complicated and/or special techniques or technologies but of which specific and adequate technical requirements are not yet imposed when the bidding is conducted?
Pursuant to Clause 1, Article 33 of the Law on Bidding 2023:
Two-stage two-envelope procedure
1. Two-stage two-envelope procedure shall be adopted in the competitive bidding or limited bidding for procurement, construction, or mixed packages which employ new, complicated and/or special techniques or technologies but of which specific and adequate technical requirements are not yet imposed when the bidding is conducted.
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Thus, two-stage two-envelope procedure shall be adopted in the competitive bidding or limited bidding for procurement packages which employ new, complicated and/or special techniques or technologies but of which specific and adequate technical requirements are not yet imposed when the bidding is conducted.
Pursuant to Clause 3, Article 33 of the Law on Bidding 2023, at the second stage, the contractor selection process shall be conducted as follows:
- Bidders on the list of responsive bidders made at the first stage shall be invited to clarify their technical proposals. A request for clarification may include the employer or procuring entity’s request for bidder’s modification of their technical solutions proposed at the first stage. The bidder may also comment on the contents of the bidding documents;
- On the basis of the request for clarification of technical proposal and response from each bidder, the bidding documents at the first stage shall be modified in terms of instructions to bidders, evaluation criteria, technical requirements, conditions of contract, and other contents deemed necessary to constitute the bidding documents for the second stage, including bidders’ technical deviations and proposed alternatives which have been accepted;
- A bidder shall submit their bid, including the technical proposal and the financial proposal contained in two separate envelopes, in accordance with the requirements laid down in the bidding documents for the second stage, which also include the bid price and bid security. Prices quoted in the financial proposal must correspond to items included in the primary technical plan proposed by the bidder. If an alternative technical plan is proposed, the financial proposal must also include prices quoted according to this plan. There are two bid opening sessions to be conducted. Technical proposals shall be opened immediately after the deadline for submission of bids. Only financial proposals of bidders whose technical proposals were considered responsive shall be opened for further evaluation.
Vietnam: What do the price contents of contractor selection plan for procurement packages with high technical requirements as prescribed by the law on science and technology include?
Pursuant to Clause 2, Article 39 of the Law on Bidding 2023
Contents of contractor selection plan
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2. Package price:
a) The package price is the value of the package defined in the contractor selection plan to be approved. The package price includes all costs for execution of the package, including contingencies, fees, charges and taxes. The package price may be updated at least 28 days before the bid opening date if deemed necessary;
b) If a package is divided into smaller parts, the package price and the estimated price of each part shall be specified;
c) Regarding a package with additional purchase option as prescribed in Clause 8 of this Article, the package price excludes the additional purchase value.
The Government shall elaborate contents of the package price defined in the contractor selection plan.
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Therefore, price contents of contractor selection plan for procurement packages with high technical requirements as prescribed by the law on science and technology include:
- The package price is the value of the package defined in the contractor selection plan to be approved. The package price includes all costs for execution of the package, including contingencies, fees, charges and taxes.
- If a package is divided into smaller parts, the package price and the estimated price of each part shall be specified;
- Regarding a package with additional purchase option, the package price excludes the additional purchase value.
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