14:02 | 02/04/2024

What do bidding documents for contractor selection under the two-stage and two-envelope method include?

“What do bidding documents for contractor selection under the two-stage and two-envelope method in Vietnam include?” - asked Mr. D.N (Binh Duong)

Note: The following regulations apply to competitive bidding and limited bidding applicable to procurement, construction, or mixed packages under the two-stage method.

What do bidding documents for contractor selection under the two-stage and two-envelope method in Vietnam include?

Under Article 51 and Article 54 of Decree 24/2024/ND-CP, bidding documents for contractor selection under the two-stage and two-envelope method in Vietnam include the following contents:

- Bidding documents in the first stage include the following contents:

+ Summary about the project and package;

+ Instructions for preparing and submitting bids in the first stage;

+ Technical requirements of the package based on the approved basic design or technical specifications;

+ Technical evaluation criteria of the package

Bidding documents must allow bidders to propose alternatives to the technical options offered in the bidding documents, without requiring them to propose corresponding bid prices and bid security for these alternatives.

- Bidding documents in the second stage include the following contents:

+ Instructions to bidders, additional purchase options (if any);

+ Bid data sheet;

+ Evaluation criteria for the validity of bids;

+ Bidder's capacity and experience;

+ Technique;

+ Finance, trade;

+ Information about the bidder's contract performance result and the quality of similar goods used;

+ Bidding and bid forms;

+ Scope of supply, technical requirements;

+ Contract conditions and forms;

+ Documents, drawings and other contents (if any).<

Thus, bidding documents in the first and second stages under the two-stage and two-envelope method shall have separate contents, corresponding to each stage.

What is the bid opening in the first stage under the two-stage and one-envelope method in Vietnam?

According to Clause 4, Article 52 of Decree 24/2024/ND-CP guiding the bid opening:

- The bid opening must be conducted publicly and begin within 2 hours from the bid submission deadline.

+ The procuring entity only opens bids received before the bid submission deadline according to the requirements of the bidding documents in the presence of representatives of bidders attending the bid opening ceremony, regardless of the presence or absence of bidders.

+ Bids are opened in alphabetical order by bidder name and in the following order:

++ check the seal;

++ open the envelope and clearly read the bidder's name;

++ identify if the bid is submitted independently or as a joint venture;

++ check the number of originals and copies of all documents;

++ review the bid price stated in the letter of bid and any offered discount;

++ check the validity period of the bid;

++ verify proposed performance duration;

++ check value and validity of bid security and other related information;

- Minutes of bid opening:

+ The information specified in point a of this clause must be recorded in the minutes of bid opening

+ The minutes of bid opening must be signed by the representative of the procuring entity and the bidders attending the bid opening ceremony.

+ The minutes will be sent to participating bidders and posted on VNEPS within 24 hours upon bid opening;

- The representative of the procuring entity signs

+ the original letter of bid,

+ letter of discount (if any), and

+ the authorization letter of the bidder’s legal representative (if any);

+ joint venture agreement (if any);

+ bid security;

+ financial proposals and

+ important contents of each bid.

Note: The bid opening minutes in first stage do not include information about bid security, bid prices and discounts (if any) of bidders.

What are the instructions on opening technical proposals in the second stage in Vietnam?

Under Clause 5, Article 54 of Decree 24/2024/ND-CP:

Preparation for and organization of bidding in the second stage
......
5. Open technical proposals:
The technical proposal opening shall comply with Clause 4 Article 38 of this Decree

Thus, the opening of technical proposals is conducted as follows:

- The opening of a technical proposal must be conducted publicly and begin within 2 hours from the bid submission deadline.

The procuring entity only opens technical proposals received before the bid submission deadline according to the requirements of the bidding documents in the presence of representatives of bidders attending the bid opening ceremony, regardless of the presence or absence of bidders;

- Technical proposals are opened in alphabetical order by bidder name and in the following order:

+ Check the seal;

+ Open the envelope and clearly read

++ the bidder's name,

++ the number of originals and

++ the copy of the technical proposal and

++ the letter of bid in the technical proposal;

++ the validity period of the technical proposal;

++ the proposed performance duration;

++ the value and validity of bid security and

++ other related information;

- The information specified in point b of this clause must be recorded in the minutes of the technical proposal opening.

The minutes will be signed by representatives of the procuring entity and bidders attending the opening ceremony of technical proposals sent to participating bidders and posted on VNEPS within 24 hours upon bid opening;

- The representative of the procuring entity signs

+ the original letter of bid, and

+ the authorization letter of the investor's legal representative (if any);

+ joint venture agreement (if any);

+ bid security;

+ important contents of each technical proposal;

- The financial proposals of all bidders must be sealed in a separate envelope by the procuring entity and must be signed and sealed by representatives of the procuring entity and bidders attending the technical proposal opening ceremony.

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