Two-stage one-envelope and two-stage two-envelope methods in contractor selection in Vietnam

Two-stage one-envelope and two-stage two-envelope methods in contractor selection in Vietnam​ (Image from the Internet)

1. Two-stage one-envelope method in contractor selection in Vietnam​

According to Article 32 of the Law on Bidding 2023, the two-stage, one-envelope process in contractor selection in Vietnam is stipulated as follows:

- This method is applied in cases of open or restricted bidding for procurement packages involving goods, construction, and mixed projects where specific and complete technical requirements cannot be determined at the time of bidding.

- In the first stage, contractors submit a technical proposal excluding the bidding price as per the requirements of the bidding documents based on the basic design or technical specifications of the procurement package. Contractors are allowed to propose alternative solutions for the requirements in the bidding documents but must submit them as a separate option alongside the main technical solution as per the bidding documents' requirements. The technical proposals are opened immediately after the bid closing time. Contractors whose technical proposals meet the requirements of the bidding documents for stage one will be invited to participate in stage two.

- In stage two, the process for contractor selection is as follows:

+ Contractors listed as meeting the requirements in stage one are invited to clarify their technical proposals. The content for clarifying technical proposals includes the project owner or bidding inviter requesting the contractor to adjust the technical proposals from stage one. Contractors are allowed to offer suggestions on the content of the bidding documents;

+ Based on clarifications made to the technical proposals with each contractor, the stage one bidding documents are adjusted and supplemented with guidance for contractors, evaluation criteria, technical requirements, contract conditions, and other contents to form the stage two bidding documents, including any technical discrepancies accepted in the contractor's alternative solutions;

+ Contractors submit their bids including both technical and financial proposals as per the requirements of the stage two bidding documents, including the bid price and bid guarantee based on the adjustments made to the stage one technical proposals as stipulated in point a, clause 3, Article 32 of the Law on Bidding 2023. The bid opening is conducted once for all the bid proposals.

2. Two-stage two-envelope method in contractor selection in Vietnam

According to Article 33 of the Law on Bidding 2023, the two-stage, two-envelope process in contractor selection in Vietnam is stipulated as follows:

- This method is applied in cases of open or restricted bidding for procurement packages involving goods, construction, and mixed projects with new, complex, or specific technologies where specific and complete technical requirements cannot be determined at the time of bidding.

- In the first stage, contractors submit a technical proposal excluding the bidding price according to the requirements of the bidding documents based on the basic design or technical specifications of the package. Contractors can propose alternative solutions for the requirements in the bidding documents but must submit them as a separate option alongside the main technical solution as per the bidding documents. Technical proposals are opened immediately after the bid closing time. Contractors whose technical proposals meet the requirements for stage one are invited to the stage two bidding process.

- In stage two, the selection process is conducted as follows:

+ Contractors listed as passing stage one requirements are invited to clarify their technical proposals. The clarification content includes the project owner or bidding inviter requesting the contractor to adjust the stage one technical proposals. Contractors can offer comments on the bidding documents' content;

+ Based on technical proposal clarifications with each contractor, stage one bidding documents are amended and supplemented, including instructions for contractors, evaluation criteria, technical requirements, contract conditions, and other details to form stage two bidding documents, including accepted technical deviations and proposed alternative solutions;

+ Contractors submit a bid including separate technical and financial proposals as required by the stage two bidding documents, including bid price and bid security. Financial proposals are submitted corresponding to the contractor's main technical proposal; if a contractor submits an alternative technical proposal, a corresponding financial proposal must be included. The bid opening is conducted twice. Technical proposals are opened immediately after the bid closing time. Contractors that meet the technical requirements will have their financial proposals opened for evaluation.

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