Can bid package of e-competitive bidding under single-stage and one-envelope bidding procedure be selected the form of dossier evaluation in Vietnam?

Can bid package of e-competitive bidding under single-stage and one-envelope bidding procedure be selected the form of dossier evaluation in Vietnam?

Pursuant to Clause 1, Article 32 of Circular 08/2022/TT-BKHDT stipulating evaluation of bid package of e-competitive bidding, e-limited bidding, request for proposals of e-shopping according to the standard process, request for quotation of e-shopping according to simplified method is as follows:

1. Process of evaluation of E-HSDT:

a) Process 01: all contract packages

- Evaluate the legitimacy of E-HSDT;

- Evaluate qualifications;

- Evaluate technical aspects;

- Evaluate finance.

b) Process 02: Contract package of procurement of goods or non-consultancy service under single-stage and one-envelope bidding procedure, in which E-HSDT is evaluated according to “lowest-evaluated selection” and E-HSDTs have no incentives:

- According to the bid opening record, the System shall automatically rank bidder according to the lowest bid price (without approving the list of ranked bidders in this case);

- Evaluate the legitimacy of E-HSDT of the first-ranked bidder;

- Evaluate qualifications of the first-ranked bidder;

- Evaluate technical aspects of the first-ranked bidder;

If the first-ranked bidder is considered unresponsive, the second-ranked bidder will thereafter be evaluated using the above steps.

c) In case of contract package under single-stage and one-envelope bidding procedure, according to E-HSDT submitted by the bidders on the System and the method of evaluation of E-HSDT specified in the E-HSMT, the procuring entity may choose one of the two processes specified at Points a and b of this Clause to evaluate the E-HSDT. The E-HSDT shall only be evaluated under the process 02 if all the conditions specified at Point b of this Clause are fully satisfied.

According to this Article, a bid package of e-competitive bidding under single-stage and one-envelope bidding procedure, for procurement bidding packages, if it meets the conditions for Process 02, then one of the above two processes can be selected according to “lowest-evaluated selection” in Vietnam.

What are principle of evaluation of bid package of e-competitive bidding in Vietnam?

In Clause 2, Article 32 of Circular 08/2022/TT-BKHDT stipulating principle of evaluation of bid package of e-competitive bidding, e-limited bidding, request for proposals of e-shopping according to the standard process, request for quotation of e-shopping according to simplified method online is as follows:

2. Principle of evaluation of E-HSDT:

a) The evaluation of the E-HSDT shall be made according to the criteria for evaluation of the E-HSDT and other requirements in the E-HSMT, E-HSMT clarification documents, submitted E-HSDT, documents on explanation and clarification of E-HSDT of the bidder to ensure that the selected contractor has qualification with feasible solutions to implement the contract package;

b) After selection of shortlist, in case the bidder changes his/her eligibility to participate in bidding, the bidder shall send a written request to the procuring entity for consideration and approval. In case of being approved by the procuring entity, the bidder shall attach documents that prove the bidder’s qualification in the E-HSDT according to the new eligibility to participate in bidding;

c) Contents that are automatically evaluated by the System: If the bidder fails to make declaration or makes an untrue, incomplete, unresponsive declaration compared to the requirements prescribed in E-HSMT, the System will evaluate the bidder as failed as to this item. The expert group shall not change the result of evaluation from "failed" to "passed" when the System has evaluated “failed”. In case the information that the bidder commits and declares in E-HSDT is untrue leading to misleading result of evaluation of E-HSDT of the bidder, the bidder shall be considered as a fraudster and sanctioned according to regulations specified in Clause 1, Article 122 of Decree No. 63/2014/ND-CP;

d) Bid security: in case the information declared on the webform is not consistent with the information in the attached file, the information in the attached file shall be the basis for evaluation;

dd) Similar contract: in case the information about the contract declared on the webform is not consistent with the file proving the information about that contract, the procuring entity shall request the bidder to clarify the E-HSDT;

In case the contracts declared and attached by the bidder in the E-HSMT fail to meet the requirements of the E-HSMT, the procuring entity shall request the bidder to clarify and supplement another contract from the document on the bidder’s qualification on the System in order to meet the requirements of E-HSMT within the suitable time that is no less than 03 working days. In case the bidder does not have contract to meet the requirements of the E-HSMT, the bidder will be rejected.

e) Origin of goods: the information declared on the webform is not consistent with the information in the attached file, the procuring entity shall request the bidder to clarify E-HSDT;

g) Other contents that are not mentioned at Points d, dd and e of this Clause: in case the information declared on the webform is not consistent with the information in the attached file, the information declared on the webform shall be the basis for consideration and evaluation;

h) As for financial evaluation: if the bidder fails to declare information in the form on incentives for domestical goods (contract package of procurement of goods) to serve as a basis for calculation of incentives, the bidder shall not be entitled to incentives;

i) The bidder who is invited to negotiate the contract shall prepare documents to compare and prove the information declared by the bidder in the E-HSDT. In case the contents of legitimacy, previous contract non-fulfillment records due to the bidder’s fault, fulfillment of tax obligations, average annual revenue and net asset value have been automatically evaluated by the System as "passed" according to the information declared and extracted in the E-HSDT, but the expert group re-evaluates as "failed", the expert group shall change the result of evaluation from "passed" to "failed". In this case, the procuring entity shall invite the next ranked bidder to negotiate the contract without re-approving the ranked list. With regard to information on the fulfillment of tax obligations, average annual revenue and net asset value from 2021 onwards, the procuring entity shall only compare if the bidder updates the information without comparison in case the above information is automatically extracted by the System from National Enterprise Registration Information System, the Electronic Tax System.

Thus, the evaluation of bids for online public bidding must be based on the criteria for evaluation of bid package of e-competitive bidding, e-limited bidding, request for proposals of e-shopping according to the standard process, request for quotation of e-shopping according to simplified method online and other requirements in E-HSMT. Documents clarifying bidding documents for bid package of e-competitive bidding, e-limited bidding, request for proposals of e-shopping according to the standard process, request for quotation of e-shopping according to simplified method online, and compliance with the above regulations in Vietnam.

When is procuring entity opening bids on the National Procurement Network in Vietnam?

According to Article 31 of Circular 08/2022/TT-BKHDT, bid opening via e-selection of contractors is as follows:

1. Contract packages under single-stage and one-envelope bidding procedure:

The procuring entity must open the bid and publicize the bid opening record on the System within 2 hours from the deadline for submission of bids.

2. Contract packages under single-stage and two-envelope bidding procedure:

a) The procuring entity must open E-HSDXKT and publicize the E-HSDXKT opening record on the System within 2 hours from the deadline for submission of bids.

b) After issuance of the decision on approval for the list of bidders who meet the technical requirements, the procuring entity shall publish this list on the System and attach a scanned copy of the document on approval for the list of bidders who meet the technical requirements on the System. After successful publishing, the System shall send a notification to the bidders participating in the contract packages;

c) After publishing the list of bidders who meet the technical requirements, the procuring entity shall open E-HSDXTC of the bidders of the list and publicize the E-HSDXKT opening record on the System

According to the above provisions in Vietnam, the time when the procuring entity opens bids on the National procurement system is within 2 hours from the deadline for submission of bids.

Best Regards!