Principles for bid evaluation for projects applying the single-stage one-envelope procedure in Vietnam

Principles for bid evaluation for projects applying the single-stage one-envelope procedure in Vietnam (Image from the Internet)

On September 16, 2024, the Government of Vietnam issued Decree 115/2024/ND-CP providing guidelines for Bidding Law 2023 on selecting investors for land-based investment projects.

Principles for bid evaluation for projects applying the single-stage one-envelope procedure

According to the provisions of Article 20 Decree 115/2024/ND-CP, the principles for bid evaluation for projects applying the single-stage one-envelope procedure in Vietnam include:

- The evaluation of bidding documents is based on the methods and standards for evaluating bids and other requirements specified in the bidding documents, submitted bidding documents, and explanatory materials to ensure the selection of an investor with adequate capacity and experience and a feasible technical and financial plan to execute the project.

- Evaluation of bidding documents is performed on copies; the investor is responsible for the consistency between the original and copy. In the case of discrepancies that do not alter the investor ranking, the original will be used for evaluation. When discrepancies between the original and copy lead to different evaluation results impacting investor ranking, the bidding document of the investor in question will be disqualified.

- During the evaluation of bidding documents, the bidding party must check the technical and financial content of the bidding documents to ensure no discrepancies, conditional constraints, or omissions of essential content, specifically:

+ Discrepancy: Variances from the requirements specified in the bidding documents; conditional clause: Introducing restrictive conditions or showing no full acceptance of the requirements specified in the bidding documents; omission: Failure to provide part or all of the information or documents as required in the bidding documents;

+ If the bidding document fundamentally meets the requirements of the bidding documents, the bidding party may accept errors that are not discrepancies, conditional clauses, or omissions of essential content;

+ If the bidding document fundamentally meets the requirements of the bidding documents, the bidding party may ask the investor to provide necessary information or documents within a reasonable timeframe to correct non-critical non-conformities or discrepancies in the bidding documents related to documentation requirements.

Requests for supplying information and documents to remedy these errors must not impact the proposal concerning land use efficiency, investment efficiency in the sector, field, or locality of the investor. Failure to meet the bidding party's requirements will result in disqualification of the investor's bidding document.

More details can be found in Decree 115/2024/ND-CP, effective from the date of signing, September 16, 2024.

From the effective date of Decree 115/2024/ND-CP, the following Decrees will cease to be effective:

- Decree 25/2020/ND-CP detailing and guiding the implementation of certain articles of Bidding Law 2023 regarding investor selection in Vietnam;

- Article 89 of Decree 35/2021/ND-CP detailing and guiding the implementation of Public-Private Partnership Investment Law 2020.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE