11:51 | 05/09/2024

Principles for Reviewing Successful Bids in the Case of Appointing an Investor to Implement a PPP Project

Let me ask, in the coming time, what principles will the approval of winning bids for cases of appointing investors to implement PPP projects be based on?

Article 64 of Decree 25/2020/ND-CP (effective April 20, 2020) stipulates the principles for selecting successful bidders as follows:

An investor is proposed for selection when meeting all the following conditions:

- Having a valid proposal dossier;

- Having the capacity and experience that meet the requirements;

- Having a technical proposal that meets the requirements;

- Having a bidding value determined according to one of the following methods:

+ Proposing a service price that does not exceed the service price determined in the approved feasibility study report (or the pre-feasibility study report for high-tech application projects), in accordance with legal regulations on prices, fees, and charges in case of applying the service price method;

+ Proposing the State's capital contribution that does not exceed the value of the State’s capital contribution determined in the approved feasibility study report (or the pre-feasibility study report for high-tech application projects) in the case of applying the State’s capital contribution method;

+ Proposing a payment to the State budget in cash or a contract execution period not longer than the period determined in the approved feasibility study report (or the pre-feasibility study report for high-tech application projects) in case of applying the social benefits and State benefits method.

+ Having a bid price after error correction, deviation adjustment, and deduction of discounts (if any) that does not exceed the value of the BT project determined in the approved request dossier for projects applying the BT contract.

- For projects applying the direct contracting method as stipulated in point c clause 3 Article 9 of this Decree, in addition to the conditions specified in clauses 1, 2, 3, and 4 of this Article, the project implementation plan proposed by the investor must meet the objectives of protecting national sovereignty, national borders, and islands.

Best regards!

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