Principles for evaluating bids in Vietnam

Principles for evaluating bids in Vietnam

Pursuant to Article 19 of Decree 23/2024/ND-CP stipulating principles for evaluating bids as follows:

- The evaluation of bids is based on the bid evaluation standards and other requirements in the bidding documents, based on the submitted bids, documents explaining and clarifying the bids. bids from investors to ensure the selection of an investor with sufficient capacity and experience, with a feasible technical and financial plan to implement the project.

- The evaluation of bid documents is done on photocopies, the investor is responsible for the consistency between the original and the photocopy. In case there is a difference between the original and the photocopy but does not change the investor ranking order, the evaluation will be based on the original. In case there are discrepancies between the original and the photocopy, leading to a different evaluation result on the original than the evaluation result on the photocopy, changing the ranking order of investors, that investor's bid will be accepted. eliminated.

- When evaluating bids, the bid solicitor must check the technical and financial contents of the bid to determine whether the bid has no discrepancies, conditions or omissions. basic content, including:

+ Variances are differences compared to the requirements specified in the bidding documents; Conditioning is the setting of conditions that are restrictive or express complete non-acceptance of the requirements specified in the bidding documents; omission of content means the investor's failure to provide part or all of the information or documents as required in the bidding documents;

+ Provided that the bid documents basically meet the requirements specified in the bidding documents, the bidding party can accept errors other than discrepancies, conditions or omissions of basic content. in the bidding documents;

+ Provided that the bid documents basically meet the bidding documents, the bid solicitor may request the investor to provide necessary information or documents within a reasonable period of time to correct any nonconformities. Inconsistencies or non-serious discrepancies in bids related to documentation requirements. Requests to provide information and documents to overcome these errors must not affect the investor's proposal for investment effectiveness in developing industries, fields, and localities. In case the investor's bid is not met, the investor's bid will be rejected.

Principles for evaluating bids in Vietnam (Internet image) 

Regulations on clarification of bids in Vietnam

Pursuant to Article 20 of Decree 23/2024/ND-CP, regulations on clarification of bids in Vietnam are as follows:

- After bid opening, in case the investor's bid lacks documents on eligibility, financial statements, and documents proving their experience in implementing similar projects, the procuring entity may request the investor to clarify and supplement documents to prove their eligibility, capacity and experience.  The investor must clarify the bid when requested by the procuring entity.  Clarification of the investor’s eligibility, capacity, and experience may not change the nature of the eligibility, capacity, and experience of the investor participating in the bid.

- After closing the bid, in case the investor discovers that the bid lacks information and documents about their capabilities, they will be sent for clarification.  The procuring entity shall receive clarifying and supplementing documents to prove the investor's eligibility, capacity and experience for evaluation. These documents are considered an integral part of the bid.

- Clarifications of proposals on the business investment plan, proposals on investment efficiency in developing the industry, field, and locality must ensure the principle of not changing the corresponding proposals in the bid that has been submitted.

- Clarification of a bid is only done between the procuring entity and the investor whose bid needs to be clarified.  The clarification of the bid must be made in writing and kept by the procuring entity as an integral part of the bid.

Mai Thanh Loi

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