From 2021, How are Application Dossiers and Bidding Dossiers Regulated?

The National Assembly has officially passed the Law on Investment in the form of Public-Private Partnership (PPP) 2020, effective from January 1, 2021. Among the points that contractors need to pay attention to are the detailed regulations on the prequalification documents and bidding documents.

From 2021, how are the application dossier and bidding dossier regulated? Public-Private Partnership Investment Law 2020.

From 2021, how are the application dossier and bidding dossier regulated? (illustration)

Public-Private Partnership Investment Law 2020 regulates the application dossier and bidding dossier as follows:

Firstly, regarding the method and evaluation criteria of the pre-qualification dossier, the following notable contents are mentioned:

- The evaluation of the pre-qualification dossier is based on a scoring method using a 100 or 1,000-point scale as specified in the pre-qualification invitation dossier.- The evaluation criteria of the pre-qualification dossier include the following basic contents:- Capacity, financial-commercial experience, ability to arrange capital; experience in implementing similar projects.- In the case of a consortium, the capacity and experience of the investor are determined by the total capacity and experience of the consortium members; the leading investor of the consortium must have a minimum equity capital contribution ratio of 30%, each member of the consortium must have a minimum equity capital contribution ratio of 15%;- Preliminary project implementation plan and commitment to project implementation;- History of disputes and claims regarding contracts that have been and are being executed.

Secondly, for the method and evaluation criteria of the bidding dossier, the regulations are as follows:

- The evaluation of capacity and experience is based on a 100 or 1,000-point scale as specified in the bidding invitation dossier. The evaluation criteria for capacity and experience are implemented as prescribed in Clause 2, Article 41 of this Law.

- The technical evaluation is based on a 100 or 1,000-point scale, or a pass/fail method specified in the bidding invitation dossier. The technical evaluation criteria include: standards for quality, capacity, efficiency; standards for operation, management, business, maintenance; environmental and safety standards; other technical standards.

- The financial-commercial evaluation is based on the comparison and ranking method specified in the bidding invitation dossier. The comparison and ranking method is built on financial-commercial evaluation criteria, including one of the following:

- Price standards, public service fees;- Standards for state capital supporting the construction of works and infrastructure systems;- Social and state benefit standards.

- After the evaluation process, an investor is proposed for selection when the following conditions are met:- Valid bidding dossier;- Meeting capacity and experience requirements;- Meeting technical requirements;- Meeting financial-commercial requirements;- Having the highest-ranked bidding dossier.

More details can be found in Public-Private Partnership Investment Law 2020, effective January 1, 2021.

Thanh Thao

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