Regulations on all costs in contractor selection for procurement under the CPTPP Agreement in Vietnam

Regulations on all costs in contractor selection for procurement under the CPTPP Agreement in Vietnam (Illustrative Image)

Decree 95/2020/ND-CP stipulates all costs in contractor selection for procurement according to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. Specifically, as follows:

1. Bid submission fee: In the case the procuring entity receives bid documents online, the bid submission fee is 300,000 VND. If the procuring entity does not receive bid documents online, the contractor does not incur any bid submission fee.

2. Costs of preparing and appraising Expression of Interest (EOI) and Prequalification Documents:- The cost of preparing EOI and Prequalification Documents is calculated at 0.05% of the bid package value but a minimum of 1,000,000 VND and a maximum of 30,000,000 VND.- The cost of appraising EOI and Prequalification Documents is calculated at 0.03% of the bid package value but a minimum of 1,000,000 VND and a maximum of 30,000,000 VND.

3. Costs of preparing and appraising Bid Solicitation Documents (BSD) and Requirements Documents (RD):- The cost of preparing BSD and RD is calculated at 0.1% of the bid package value but a minimum of 1,000,000 VND and a maximum of 50,000,000 VND.- The cost of appraising BSD and RD is calculated at 0.05% of the bid package value but a minimum of 1,000,000 VND and a maximum of 50,000,000 VND.

4. Costs of evaluating EOI, Prequalification Documents, Bid Documents, and Proposals:- The cost of evaluating EOI and Prequalification Documents is calculated at 0.05% of the bid package value but a minimum of 1,000,000 VND and a maximum of 30,000,000 VND.- The cost of evaluating Bid Documents and Proposals is calculated at 0.1% of the bid package value but a minimum of 1,000,000 VND and a maximum of 50,000,000 VND.

5. Cost of appraising contractor selection results, including cases where no contractor is selected, is calculated at 0.05% of the bid package value but a minimum of 1,000,000 VND and a maximum of 50,000,000 VND.

6. For bid packages with similar content within the same project, procurement estimate, or bid packages that require reorganization, the costs of: Preparing and appraising EOI, Prequalification Documents; preparing and appraising BSD and RD are calculated at a maximum of 50% of the stipulated maximum cost of 30,000,000 VND and a maximum of 50,000,000 VND. In the case of reorganizing contractor selection, the cost must be calculated and supplemented into the project or procurement estimate in accordance with the actual conditions of the bid package.

7. Costs for the Advisory Council for Handling Contractors' Complaints about contractor selection results is calculated at 0.02% of the tender value of the complaining contractor but a minimum of 1,000,000 VND and a maximum of 50,000,000 VND.

Note: The costs stipulated in points 2, 3, 4, 5, and 6 apply in cases where the investor, the procuring entity implements directly. In the case of hiring a bidding consultant to perform the tasks mentioned in points 2, 3, 4, 5, and 6, the cost determination is based on the contents and scope of work, implementation time, experience and capacity of the consultant expert, and other factors.

The costs of posting bidding information, participating in the National Bidding Network System, and the management and use of revenues from bid security and contract performance security that are not refundable shall follow the guidelines of the Ministry of Planning and Investment.

Details can be found in Decree 95/2020/ND-CP which comes into effect on August 24, 2020.

Ty Na

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