Appraisal of Bid Selection Results: Is It Required to Clarify the Bid Dossier?
According to Clause 1, Article 57 of Decree 25/2020/ND-CP, it is stipulated: The submission, appraisal, and approval of investor selection results shall be carried out in accordance with Clauses 1, 2, and 3, Article 43 of this Decree.
Referring to Article 42 of Decree 25/2020/ND-CP, it is stipulated: The results of investor selection must be appraised in accordance with Clause 4, Article 76 of this Decree before approval.
Pursuant to Clause 4, Article 76 of Decree 25/2020/ND-CP, the appraisal of tender results is as follows:
*The appraisal submission dossier includes:
- The petition of the bid inviter regarding the results of investor selection;
- Report on the evaluation results of bidding dossiers, proposal dossiers;
- Copies of files and documents: Invitation to bid dossier, request dossier, closing bid minutes, bid opening minutes, bidding dossiers, proposal dossiers of investors, and other necessary related documents.
*The appraisal contents include:
- Checking the compliance and adherence of the bidding invitation dossier and request dossier; compliance with the provisions of law on bidding and other related laws;
- Checking the compliance with the deadlines in the process of negotiating and finalizing the contract;
- Checking the compliance with the law on the submission of investor selection results.
*The appraisal report includes the following contents:
- Overview of the project, legal basis for the organization of investor selection;
- Summary of the entire investor selection process from shortlisting (if any) to the submission of investor selection results;
- Comments on the compliance with the law on bidding and other related laws during the investor selection process;
- Opinions of the appraising unit on ensuring competition, fairness, transparency, and economic efficiency in the investor selection process;
- Proposals and recommendations to the bid inviter, expert team;
- Agreement or disagreement with the investor selection results; proposing measures to handle cases of non-compliance with the law on bidding during the investor selection process or solutions for cases where there is insufficient basis to conclude on the investor selection results;
- Other opinions.
Thus, in the process of appraising the bidding results, the Bid Result Appraisal Team must clarify the bidding dossiers to review and check the compliance and adherence of the bidding invitation dossier, request dossier; compliance with the provisions of law on bidding and other related laws.
Best regards!
