What is clarification of bids in one-stage, one-package method for procurement of bidding packages under the CPTPP Agreement in Vietnam?

What is clarification of bids in one-stage, one-package method for procurement of bidding packages under the CPTPP Agreement in Vietnam?

Article 40 of Decree 95/2020/ND-CP stipulates clarification of bid documents, specifically as follows:

1. After the bid opening, the contractor is responsible for clarifying the bid dossier at the request of the bid solicitor. In case the tenderer's bid lacks documents proving his/her eligibility, capacity and experience, the bid solicitor shall request the contractor to clarify and supplement documents to prove his/her eligibility, capacity and experience. For technical and financial proposals stated in the tenderer's bid, the clarification must ensure the principle of not changing the basic content of the submitted bid. bid price.

2. In case after closing the bid, if the tenderer discovers that the bid dossier lacks documents proving his eligibility, capacity and experience, the contractor is allowed to send the documents to the bid solicitor for clarification on the bidding. eligibility, capacity and experience. The bid solicitor is responsible for receiving the clarifying documents of the contractor for consideration and evaluation; Additional documents, clarifications on eligibility, qualifications and experience shall be considered as part of the bid.

3. Clarification of bids may only be done between the bid solicitor and the contractor whose bids need to be clarified and must ensure the principle of not changing the nature of the tenderer participating in the bid. Clarification of the bid dossier must be in writing and preserved by the bid solicitor as part of the bid.

4. Bid solicitors and contractors may conduct clarification of their bids in writing or on the National Procurement Network.

What is error correction in bidding in one-stage, one-package method for procurement of bidding packages under the CPTPP Agreement in Vietnam?

According to Clause 1, Article 41 of Decree 95/2020/ND-CP stipulates as follows:

1. Correction of errors means the correction of errors in the bids, including arithmetic errors and other errors, conducted according to the following principles:

a) Arithmetic errors include errors due to incorrect addition, subtraction, multiplication and division calculations when calculating bid prices. For a unit-price contract, in case of inconsistency between the unit price and the total amount, the unit price shall be used as the basis for error correction; if it is found that the unit price has an abnormal difference due to a decimal error (10 times, 100 times, 1,000 times), the monetary amount is the basis for error correction;

b) In case the total value of the items is incorrect due to an error while adding and subtracting the values ​​of the items, the value of the items is the basis for error correction;

c) In case of inconsistency between the bid price written in numbers and the bid price in words, the bid price written in words shall be the basis for error correction; if the bid price written in words contains errors in arithmetic, the price written in numbers shall be the basis for correction of errors after being corrected (if any) according to points a and b of this clause;

d) In the column into money, which has been filled in with the full value but there is no corresponding unit price, the unit price is determined by dividing the money by the quantity; when there is a unit price but the column to money is empty, the value of the column to money will be determined by multiplying the quantity by the unit price; if an item has the unit price and value in the money column but the quantity is left blank, the blank quantity is determined by dividing the value in the money column by the unit price of that item. In case the quantity determined by the above method is different from the quantity stated in the bidding documents, the difference value is the deviation in the scope of supply and is adjusted according to the provisions of Clause 2 of this Article, except for the for construction service bidding packages, package contracts are applied;

dd) Wrong calculation unit: Correct it to suit the requirements of the bidding documents.

What is correction of deviations in one-stage, one-package method for procurement of bidding packages under the CPTPP Agreement in Vietnam? 

Pursuant to Clauses 2, 3, 4, and 5, Article 41 of Decree 95/2020/ND-CP stipulates as follows:

2. Error correction:

Provided that the bids meet the basic requirements stated in the bidding documents, the bid solicitor shall correct non-essential deviations as follows:

a) Deviation in scope of supply:

- For construction service bidding packages applying fixed unit price or adjusted unit price contract, the contractor must write the bid unit price, in cash for all the jobs mentioned in the summary of bid prices. In case the contractor lists the work items as required in the bidding documents but does not state the bid unit price and the total amount for one or several work items, the unit price of this work part is considered to have been allocated. included in the unit price of other jobs in the summary of bid prices and will not be paid separately by the investor. For bidding packages for procurement of goods and non-consulting, the type of contract shall be applied according to fixed unit price, adjusted unit price, in case the contractor lists goods and work items as required in the bidding documents but do not record the bid unit price and cash amount for one or several goods,

- For bidding packages for goods procurement, non-consulting, and construction services bidding packages, the type of contract shall be applied according to the fixed unit price, adjusted unit price, the part of the work mentioned in the bidding documents not listed in the bidding documents. The contractor's bid price summary table is considered as a missing offer in the bid dossier and adjusted for deviations as prescribed at Point b of this Clause for comparison and ranking of bids. In case the bid is ranked first, the unit price for the short offer will be negotiated with the contractor according to the provisions of Article 43 of this Decree. The part of work listed in the contractor's summary table of bid prices outside of the scope of work stated in the bidding documents is considered redundant and adjusted for deviation according to the provisions of point b of this clause;

- For construction service bidding packages applying the package contract type, the contractor's bid price is considered to have included all necessary costs to implement the bidding package in accordance with the design and technical requirements. stated in the bidding documents and no correction shall be made in case the scope of work proposed by the contractor in the bid is different from the requirement stated in the bidding documents, unless the proposed work is beyond the scope of requirements in the bidding documents (in addition to the volume to be completed according to the design). In this case, the work outside the scope of requirements in the bidding documents will be considered redundant and adjusted according to the provisions of point b of this clause.

b) Correction of excess and deficiency in scope of supply:

In case the tenderer's bid is missing one or more items mentioned at Point a of this Clause and there is no unit price for these items, the highest offered unit price for this item among the bids shall be taken. other bids that pass the technical evaluation as a basis for error correction; if there is no unit price in the bids of contractors that have passed the technical evaluation, the unit price in the estimate shall be used as a basis for error correction; In case there is no estimate of the bidding package, the unit price to form the bid package price shall be used as a basis for error correction to serve as a basis for contractor comparison and ranking. Correction of missing deviations is only for the purpose of comparing and ranking bids.

In case the bidder's bid is over-offered, the value of the items offered in excess will be deducted according to the corresponding unit price in the bid.

3. In case the contractor has a letter of discount, the correction and adjustment of deviations shall be made on the basis of the bid price excluding the discount value. The percentage (%) of the shortfall is determined on the basis of the bid price stated in the bid application.

4. Bid documents are adjusted for non-essential deviations in terms of quantity or item's shortage or non-compliance with technical requirements.

5. After correcting errors and adjusting deviations as prescribed in Clauses 1, 2, 3 and 4 of this Article, the bid solicitor must notify in writing the contractor of the correction and adjustment of deviations for the contractor. with the contractor's bid. Within 03 working days from the date of receipt of the notice from the bid solicitor, the contractor must notify the bid solicitor in writing of the approval of the results of error correction and adjustment according to the notice of the soliciting entity. contractor. In case the bidder does not accept the error correction or deviation adjustment results according to the notice of the bid solicitor, that contractor's bid will be rejected.

Best Regards!