What are publicizing contractor selection results and signing two-stage method contracts, two packages of procurement documents under the CPTPP Agreement in Vietnam?

What are publicizing contractor selection results and signing two-stage method contracts, two packages of procurement documents under the CPTPP Agreement in Vietnam?

Article 76 of Decree 95/2020/ND-CP stipulates as follows:

1. The submission, appraisal, approval and publicization of contractor selection results comply with the provisions of Article 44 of this Decree.

2. Finalizing and signing the contract:

The contract signed between the parties must be consistent with the decision approving the contractor selection result, the contract negotiation minutes, the bid dossier, the bidding dossier and other relevant documents.

What is contractor appointment process applies where only one contractor is identified to receive the request for proposals under the CPTPP Agreement in Vietnam?

According to Article 77 of Decree 95/2020/ND-CP stipulating the normal contractor appointment process applied in case only one contractor is identified to receive the request dossier in the CPTPP Agreement, as follows:

1. This process applies to the cases specified in Clause 2, Article 21 of this Decree and only one contractor is identified by the investor to receive the request, except for the case specified in Article 79 of this Decree. 

2. Preparation for contractor selection:

a) Make a request file:

Contents of the request dossier include: Brief information about the project or bidding package; instructions for the preparation and submission of proposals; standards on capacity and experience of contractors; technical evaluation criteria and determination of contractor appointment price. Using pass and fail criteria to assess capacity, experience and technical assessment; for the case mentioned at Point i, Clause 2, Article 21 of this Decree, the evaluation criteria according to the previously approved bidding documents shall apply. In the request file, the specific brand and origin of the goods are stated;

b) Appraise and approve the dossier of requirements and identify the contractor proposed to appoint the contractor:

- Dossier of request must be appraised before approval;

- The approval of the request dossier must be in writing and based on the approval submission, the report on appraisal of the request dossier;

- Bidders are determined to receive dossiers of requirements when they fully satisfy the conditions for participation in bidding as prescribed at Points a, b, c, d, e and g, Clause 1, Article 6 of this Decree and have sufficient capacity to participate in the bidding process capacity and experience in implementing bidding packages.

3. Contractor selection organization:

a) Dossier of requirements is issued to the contractor identified by the investor;

b) The contractor prepares and submits proposals according to the requirements of the dossier of requirements.

4. Evaluation of proposals and negotiation of contractors' proposals:

a) The evaluation of proposals must be carried out according to the evaluation criteria specified in the dossier of requirements. During the evaluation process, the bid solicitor invites the bidders to negotiate, clarify or amend or supplement necessary information contents of the proposal in order to prove the bidder's satisfaction with the requirements on capacity. force, experience, progress, volume, quality, technical solutions and measures to organize the implementation of the bidding package;

b) A contractor is recommended for appointment of a contractor when fully satisfying the following conditions: Having a valid proposal; have the capacity, experience and technical proposals to meet the requirements of the request dossier; whose proposed price for appointment of a contractor does not exceed the approved bid package price.

5. Submitting, appraising, approving and publicizing contractor appointment results:

The submission, appraisal, approval and publicization of contractor appointment results comply with the provisions of Article 44 of this Decree.

6. Finalize and sign the contract:

The contract signed between the parties must be consistent with the decision approving the contractor appointment result, contract negotiation minutes, dossier of proposals, dossier of requirements and other relevant documents.

What is general contractor appointment process applicable in cases where more than one contractor is identified to receive the request for proposals under the CPTPP Agreement in Vietnam? 

Pursuant to Article 78 of Decree 95/2020/ND-CP stipulating general contractor appointment process applicable in cases where more than one contractor is identified to receive the request for proposals under the CPTPP Agreement, according to which:

1. This process applies to the cases specified at Points d and h, Clause 2, Article 21 of this Decree and there is more than one contractor identified by the investor to receive the request. In case there is only one contractor identified by the investor to receive the request, Article 77 of this Decree shall apply.

2. The investor determines and approves a list of at least 03 capable and experienced contractors that meet the requirements of the bidding package and wish to participate in the bidding to receive the request for proposals. Bidders whose names are on the list of requesters are not allowed to enter into a joint venture to participate in the bid.

3. Preparation, appraisal and approval of request dossiers:

a) Make a request file:

Contents of the request dossier include: Brief information about the project or bidding package; instructions for the preparation and submission of proposals; standards on capacity and experience of contractors; technical evaluation criteria and determine the lowest price. Using pass and fail criteria to assess capacity, experience and technical assessment. In the request file, the specific brand and origin of the goods are stated.

b) Appraise and approve the request dossier:

- Dossier of request must be appraised before approval;

- The approval of the request dossier must be in writing and based on the approval report, the report on appraisal of the request dossier.

4. Contractor selection organization:

a) Dossier of requirements is issued to the contractor whose name is on the list of recipients of the request;

b) The contractor prepares and submits proposals according to the requirements of the dossier of requirements.

5. Evaluating and clarifying the proposal dossier, correcting errors and correcting deviations:

a) Principles of evaluation of proposals shall comply with the provisions of Article 39 of this Decree;

b) Clarification of the proposal shall comply with the provisions of Article 40 of this Decree;

c) Correction of errors and correction of deviations shall comply with the provisions of Article 41 of this Decree;

d) The evaluation of proposals shall comply with the provisions of Article 42 of this Decree.

6. Contractor rating:

The ranking of contractors shall comply with the provisions of the request for proposals.

7. Contract negotiation:

Contract negotiation shall comply with the provisions of Article 43 of this Decree.

8. Submitting, appraising, approving and publicizing contractor appointment results:

The submission, appraisal, approval and publicization of contractor appointment results comply with the provisions of Article 44 of this Decree.

9. Finalizing and signing the contract:

The contract signed between the parties must be consistent with the decision approving the contractor appointment result, contract negotiation minutes, dossier of proposals, dossier of requirements and other relevant documents.

Best Regards!