Bid evaluation methods and consideration for contract award in investor selection in Vietnam

Bid evaluation methods in Vietnam

Pursuant to Article 62 of the Law on Bidding 2023, regulations on the bid evaluation methods are as follows:

(1) The investor’s capacity and experience, and efficiency of the investment plan proposed by the investor, including efficiency in land use and investments in sectoral or local development, shall be evaluated adopting the social and state benefits-based evaluation method.

(2) Bids submitted by investors shall be evaluated according to the following criteria:

- Criteria for evaluation of the investor’s capacity, including financial and funding arrangement capacity, and experience in executing similar investment projects;

- Criteria for evaluation of the investor’s investment plan, including technical, social and environmental criteria;

- Criteria for evaluation of efficiency in land use and investments in sectoral or local development.

(3) Regarding investment projects with specific business investment, sectoral management and development conditions as prescribed by the Law on investment or specialized laws, the bidding documents must clearly specify bid evaluation criteria which include one or some of the criteria specified in Clause (3).

(4) Bid evaluation criteria shall be scored on a scale of 100 or 1.000 points. The combined score shall be determined on the basis of capacity and experience score, investment plan score and score of efficiency in land use and investments in sectoral/local development. The investor that has achieved the minimum qualifying score for each of the criteria specified in Clauses (2) and (3) and the highest combined score shall be ranked first.

Bid evaluation methods and consideration for contract award in investor selection in Vietnam (Internet image)

Regulations on consideration for contract award in Vietnam

Pursuant to Article 63 of the Law on Bidding 2023, an investor shall be considered successful and awarded the contract if the investor:

- has a substantially responsive bid;

- meets capacity and experience requirements;

- meets requirements regarding the investment plan;

- meets the requirements regarding the efficiency in land use and investments in sectoral or local development; and

- has the highest combined score of capacity and experience, investment plan, and efficiency in land use and investments in sectoral/local development criteria.

The notice of investor selection result sent to an unsuccessful investor must provide the reason(s) their bid was unsuccessful.

Subjects eligible for incentives in contractor selection in Vietnam

Pursuant to Clause 1, Article 10 of the Law on Bidding 2023, subjects eligible for incentives in contractor selection:

- Originating goods of Vietnam;

- Eco-friendly products and services as prescribed by the Law on environmental protection;

- Domestic bidders that produce originating goods of Vietnam meeting the requirements laid down in bidding documents;

- Foreign bidders and domestic bidders coming together under a consortium agreement in which the domestic bidders take charge of at least 25% of total value of tasks of the package;

- A domestic bidder that submits a bid as an independent bidder or forms a consortium with other domestic bidders to participate in an international bidding;

- Bidders that are microenterprises or small enterprises as prescribed in the Law on assistance for small and medium-sized enterprises;

- Bidders that are startups as prescribed by laws;

- A bidder that employs the number of female workers, wounded soldiers and people with disabilities, or ethnics, each accounting for at least 25% of their total employees.

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE