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

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

In Article 45 of Decree 95/2020/ND-CP, detailed process of one-stage, two-package method for procurement of bidding packages under the CPTPP Agreement, as follows:

1. Preparation for contractor selection, including:

a) Shortlist selection (if necessary);

b) Prepare bidding documents;

c) Evaluation and approval of bidding documents.

2. Organize contractor selection, including:

a) Bidding invitation;

b) Issuing, amending and clarifying the bidding documents;

c) Prepare, submit, receive, manage, amend and withdraw bids;

d) Open technical proposals.

3. Evaluation of technical proposals, including:

a) Check and evaluate the validity of technical proposals;

b) Detailed evaluation of technical proposals;

c) Approve the list of contractors satisfying the technical requirements.

4. Opening and evaluating financial proposals, including:

a) Open the financial proposals of the contractors on the approved list;

b) Examine and evaluate the validity of financial proposals;

c) Detailed evaluation of financial proposals;

d) contractor ratings.

5. Contract negotiation.

6. Submit, appraise, approve and publicize contractor selection results.

7. Finalize and sign the contract.

What is shortlist selection according to one-stage, two-package method for procurement of bidding packages under the CPTPP Agreement in Vietnam?

According to Article 46 of Decree 95/2020/ND-CP stipulating shortlist selection according to one-stage, two-package method for procurement of bidding packages under the CPTPP Agreement, as follows:

Based on the size and nature of the bidding package, the short list selection procedure may be applied to select qualified and experienced contractors as required by the bidding package to invite to participate in the bidding. The application of the short list selection procedure is decided by the competent person and must be clearly stated in the contractor selection plan.

1. Shortlist selection steps:

a) Prepare a dossier of invitation for prequalification:

- A dossier of invitation for prequalification includes the following contents: Brief information about the project or bidding package; guide the preparation and submission of pre-qualification dossiers; conditions for participation in the bid; standards of contractor's capacity and experience;

- Use the pass and fail criteria to develop the criteria for evaluating the pre-qualification application. The criteria for evaluation of pre-qualification dossiers must specify the minimum level for evaluation as passing for each content of the contractor's capacity and experience;

b) The approval of the dossier of invitation for pre-qualification must be in writing and based on the report on approval, the report on appraisal of the dossier of invitation for pre-qualification;

c) Notice of invitation for pre-qualification: Comply with the provisions of Point b, Clause 1, Clause 3, Article 9 and Clause 2, Article 10 of this Decree;

d) Issuing prequalification invitation documents:

Dossier of invitation for pre-qualification shall be distributed free of charge on the National Procurement Network as soon as the notice of invitation for pre-qualification is successfully posted;

d) Receiving and managing prequalification applications:

- In case the bid solicitor receives the prequalification dossiers not online:

The bid solicitor receives and manages the submitted pre-qualification dossiers according to the regime of confidential dossier management until the pre-qualification results are publicized;

- In case the bid solicitor receives online prequalification dossiers:

The national bidding network system notifies bidders of the status of submission of prequalification applications (successful or unsuccessful). The national bidding network system will record the following information about the tenderer's submission of dossiers for prequalification: information about the sender, the recipient, the time of submission, the sending status, the number of files attached to it. National bidding network system;

e) Opening the application for pre-qualification:

- In case the bid solicitor receives the prequalification dossiers not online:

Pre-qualification dossiers submitted at the time and place specified in the pre-qualification documents will be opened immediately after the bid closing time. The opening of dossiers for pre-qualification must be recorded in writing and the minutes of bid opening shall be sent to contractors submitting dossiers for pre-qualification. Pre-qualification dossiers sent after the bid closing time will not be opened, invalid and disqualified.

- In case the bid solicitor receives online prequalification dossiers:

The bid solicitor opens and decodes the pre-qualification dossiers on the national bidding network system right after the bid closing time. Minutes of opening dossiers for pre-qualification shall be publicly posted on the national bidding network system within 02 hours from the time of bid closing;

g) Evaluation of prequalification applications:

The evaluation of pre-qualification dossiers shall comply with the evaluation criteria specified in the dossiers of invitation for pre-qualification. Bidders whose pre-qualification dossiers are assessed to pass in all contents of capacity and experience are shortlisted;

h) Submitting, appraising and approving prequalification results:

- On the basis of the report on the evaluation results of the pre-qualification application, the bid solicitor shall submit the pre-qualification results for approval, clearly stating the opinion of the bid solicitor on the evaluation contents of the expert group;

- Pre-qualification results must be appraised before approval;

- Pre-qualification results must be approved in writing and based on the approval report and report on appraisal of pre-qualification results;

- In case a short list is selected, the document approving the pre-qualification results must include the names of the successful pre-qualification contractors and the contents to be noted (if any). In case the short list cannot be selected, the written approval of the pre-qualification results must clearly state the reason for the failure to select the short list;

i) Publicize the short list: The short list must be posted according to the provisions of Point d Clause 1 and Clause 3 Article 9 of this Decree and sent notices to the contractors submitting the pre-qualification dossiers.

2. Shortlisted contractors may not enter into a joint venture to participate in the bid.

What are preparation, appraisal and approval of bidding documents according to one-stage, two-package method for procurement of bidding packages under the CPTPP Agreement in Vietnam? 

Pursuant to Article 47 of Decree 95/2020/ND-CP stipulating preparation, appraisal and approval of bidding documents, according to which:

1. Bases for making bid invitation documents as prescribed in Clause 1, Article 37 of this Decree.

2. Criteria for evaluation of bids include criteria for assessment of capacity and experience; technical evaluation standards; determine the lowest price (for the case of applying the lowest price method); criteria for determining the evaluation price (for the case of application of the evaluation price method); determine the price point and the general evaluation criteria (for the case of applying the method of combining technique and price). For bidding packages that have undergone pre-qualification, the bidding documents do not need to specify the evaluation criteria for the contractor's capacity and experience, but the contractor should be requested to update information on the contractor's capacity. The bidding documents must not state any conditions to limit the participation of contractors or to create advantages for one or several bidders, causing unfair competition;

3. Assessment criteria on capacity and experience; Technical evaluation criteria shall comply with the provisions of Points a, b, Clause 3 and Points a and b, Clause 4, Article 37 of this Decree.

4. Determination of the lowest price (in the case of application of the lowest price method) shall comply with the provisions of Point c, Clause 3, Article 37 of this Decree.

5. Criteria for determining the evaluation price (in the case of application of the evaluation price method) shall comply with the provisions of Point d Clause 3 and Point d Clause 4 Article 37 of this Decree.

6. General evaluation criteria (for the case of application of the combined method of technique and price) comply with the provisions of Article 48 of this Decree.

7. Contents of trademark and origin of goods comply with Clause 7 Article 37 of this Decree.

8. Content on employment shall comply with the provisions of Clause 8, Article 37 of this Decree.

9. For bidding packages for provision of non-consulting services and for mixed bidding packages:

Based on the size and nature of the bidding package and the provisions of Clauses 2, 3, 4, 5, 6 and 7 of this Article to determine the evaluation criteria for capacity and experience; technical evaluation standards; determine the lowest price (for the case of applying the lowest price method); criteria for determining the evaluation price (for the case of application of the evaluation price method); determine the price point and the general evaluation criteria (for the case of applying the method of combining technique and price).

10. Bidding documents must be appraised before approval.

11. The approval of the bidding dossier must be in writing and based on the approval submission, the report on evaluation of the bidding dossier.

Best Regards!