Circular 05/2018/TT-BKHDT on making of e-bid dossier evaluation reports

CIRCULAR

Providing detailed regulations on making of e-bid dossier evaluation reports for bidding packages for which contractors are selected in the national
e-public procurement system[1]

Pursuant to November 26, 2013 Bidding Law No. 43/2013/QH13;

Pursuant to the Government’s Decree No. 63/2014/ND-CP of June 26, 2014, detailing a number of articles of the Bidding Law regarding contractor selection;

Pursuant to the Government’s Decree No. 86/2017/ND-CP of July 25, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment promulgates the Circular providing detailed regulations on making of e-bid dossier evaluation reports for bidding packages for which contractors are selected in the national e-public procurement system.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular provides detailed regulations on making of e-bid dossier evaluation reports for the bidding packages regulated in Article 1 of Bidding Law No. 43/2013/QH13 for which contractors are selected in the national e-public procurement system (below referred to as the system).

Article 2.Subjects of application

This Circular applies to organizations and individuals engaged or involved in the making of e-bid dossier evaluation reports for the bidding packages regulated in Article 1 of this Circular.

Article 3.Application of forms of e-bid dossier evaluation reports and appendices

1. Form No. 01A: applicable to bidding packages on provision of non-consultancy services, procurement, or construction and installation subject to single-stage one-envelope bidding which shall be evaluated according to process 01 specified at Point a, Clause 6, Article 15 of Circular No. 04/2017/TT-BKHDT.

2. Form No. 01B: applicable to bidding packages on provision of non-consultancy services, procurement, or construction and installation subject to single-stage one-envelope bidding which shall be evaluated according to process 02 specified at Point b, Clause 6, Article 15 of Circular No. 04/2017/TT-BKHDT.

3. Form No. 02: applicable to bidding packages on procurement, or construction and installation subject to single-stage two-envelope bidding prescribed in Clause 1, Article 29, and Clause 1, Article 32, of Circular No. 04/2017/TT-BKHDT.

4. Form No. 03: applicable to bidding packages on provision of consultancy services prescribed in Clause 1, Article 29, and Clause 1, Article 32, of Circular No. 04/2017/TT-BKHDT.

5. For bidding packages under projects funded by official development assistance or concessional loans provided under treaties or international agreements between Vietnam and donors, e-bid dossier evaluation reports shall be made according to forms No. 01A, 01B, 02 and 03 issued together with this Circular if the donors so agree.

6. The bid solicitor shall, based on the types of bidding packages and contractor selection methods, apply appropriate forms of records and requests in the appendices to this Circular, specifically as follows:

a/ Appendix 1A: form of request for approval of evaluation results of a dossier of technical proposals (for bidding packages subject to single-stage two-envelope bidding);

b/ Appendix 1B: form of decision approving the list of contractors meeting technical requirements (for bidding packages subject to single-stage two-envelope bidding);

c/ Appendix 2A: form of request for approval of the list of ranked contractors (for bidding packages subject to single-stage one-envelope bidding);

d/ Appendix 2B: form of request for approval of the list of ranked contractors (for bidding packages subject to single-stage two-envelope bidding);

dd/ Appendix 3A: form of record on contract negotiation (for bidding packages on provision of non-consultancy services, procurement, or construction and installation);

e/ Appendix 3B: form of record on contract negotiation (for bidding packages on provision of consultancy services);

g/ Appendix 3C: form of document checking results (for all bidding packages);

h/ Appendix 4: form of request for approval of contractor selection results;

i/ Appendix 5: form of commitment.

Article 4.Time limit for e-bid dossier evaluation

1. The time limit for evaluating an e-bid dossier is 45 days from the date of bid opening to the date the bid solicitor submits contractor selection results to the project owner for approval. This time limit is not inclusive of the appraisal and approval period, including the period of appraisal of evaluation results of dossiers of technical proposals for bidding packages subject to single-stage two-envelope bidding. When necessary, this time limit may be extended for no more than 20 days while sticking to the project performance schedule.

2. For small-scale bidding packages, the time limit for evaluating an e-bid dossier is 25 days from the date of bid opening to the date the bid solicitor submits contractor selection results to the project owner for approval. When necessary, this time limit may be extended for no more than 20 days while sticking to the project performance schedule.

Article 5.Methods of e-bid dossier evaluation

1. In case a contractor participates in bidding for different bidding packages and is ranked first for a bidding package while winning bids for one or several of other bidding packages, the project owner and bid solicitor shall identify this contractor’s technical and financial capacity to perform such bidding package(s) in the course of contract negotiation and finalization.

2. For contents on validity evaluation (except contents on bid security and partnership agreement), the system shall automatically conduct evaluation based on contractors’ commitments in their bids. Contractors shall take responsibility for the accuracy of their commitments. When a contractor is detected as having made untruthful commitments, it/he/she shall be considered having made frauds and handled under Clause 1, Article 122 of Decree No. 63/2014/ND-CP.

3. For bidding packages on provision of non-consultancy services, procurement, or construction and installation, the system shall, based on the information declared by contractors in web forms, automatically evaluate contents on non-performance of contracts in the past, results of financial activities, annual average turnover, requirements on financial resources, and contractors’ experiences in performing similar contracts. Contractors shall take responsibility for the accuracy of the declared information. In case a contractor fails to make declaration or makes untruthful or incomplete declaration, thus failing to meet the relevant requirement stated in the e-bidding dossier, the system shall evaluate it/him/her as dissatisfying this requirement. Regarding experiences in performing similar contracts, if the experts’ team detects that the system’s evaluation of a contractor as satisfying the relevant requirement is inaccurate, it may carry out revaluation for use as evaluation results for this content.

4. For financial evaluation, if a contractor fails to make declaration on goods or fails to attach documents on personnel to the e-bid dossier for use as a basis for identification of incentives, it/he/she is not entitled to incentives.

Article 6.Experts’ team

1. The experts’ team shall be formed by the bid solicitor or bidding consultancy unit (in case of hiring consultants). Its members must satisfy the requirements specified in Article 116 of Decree No. 163/2014/ND-CP. Every member shall make a commitment according to the form in Appendix 5 and send it to the bid solicitor before an e-bid dossier is evaluated.

2. The head of the experts’ team shall issue the team’s working regulation, which must have the following principal contents:

a/ Assignment of specific tasks to every member;

b/ Expected time for completing the e-bid dossier evaluation;

c/ Working method of the team;

d/ Other necessary contents.

3. The bid solicitor shall upload a list of members of the experts’ team, enclosed with the team formation decision and the team’s working regulation, onto the system.

Article 7.E-bid dossier evaluation reports

1. The system shall automatically extract information related to bidding packages and summarize evaluation results from evaluation forms.

2. In addition to the contents on e-bid dossier evaluation results, the experts’ team shall state the following contents in an e-bid dossier evaluation report:

a/ Responsibilities of every member of the experts’ team as assigned under Point a, Clause 2, Article 6 of this Circular;

b/ Handling measures in case any member of the experts’ team holds opinions different from others’;

c/ Opinions on reservations (if any).

Chapter II

E-BID DOSSIER EVALUATION PROCESS

Section 1

SINGLE-STAGE ONE-ENVELOPE BIDDING

Article 8.E-bid dossier evaluation according to process 01

1. Validity evaluation (carried out online in web forms):

a/ The system shall automatically evaluate the content on status validity of contractors under Clause 1, Article 5 of Bidding Law No. 53/2013/QH13 on the basis of contractors’ commitments in e-bid dossiers, and the content on the fact that a contractor’s name is not included in two or more e-bid dossiers as a principal contractor;

b/ The experts’ team shall evaluate the validity of bid security and partnership agreement according to the attached scanned form;

c/ A contractor that has been evaluated as satisfying requirements in all contents on validity shall be shifted to capacity and experience evaluation.

2. Capacity and experience evaluation (carried out online in web forms):

a/ The system shall automatically evaluate the contents on non-performance of contracts in the past, results of financial activities, annual average turnover, financial resources, and contractors’ experiences in performing similar contracts on the basis of information declared by contractors in e-bid dossiers in web forms.

b/ The experts’ team shall evaluate the contents other than those specified at Point a of this Clause on the basis of information declared by contractors in e-bid dossiers in web forms.

c/ A contractor that has been evaluated as satisfying all capacity and experience requirements shall be shifted to technical evaluation.

3. Technical evaluation (carried out offline, not in web forms):

The experts’ team shall carry out technical evaluation. After completing the evaluation, the experts’ team shall only upload evaluation results in web forms onto the system without having to input all evaluation information into web forms. The contents of technical evaluation shall be attached to evaluation reports.

A contractor that has been evaluated as satisfying technical requirements shall be shifted to financial evaluation.

4. Financial evaluation (carried out offline, not in web forms):

The experts’ team shall carry out financial evaluation. After completing the evaluation, the experts’ team shall only upload evaluation results in web forms onto the system without having to input all evaluation information into web forms. The contents of financial evaluation shall be attached to evaluation reports.

5. After completing evaluation reports in the system, the experts’ team shall print them out and put signatures and append seals (if any) thereon. On the basis of e-bid dossier evaluation results given by the experts’ team, the bid solicitor shall submit a list of ranked contractors to the project owner for approval.

6. After the list of ranked contractors is approved, the bid solicitor shall invite the first-ranked contractor for contract negotiation. In the course of contract negotiation, the bid solicitor shall check documents provided by contractors with information declared by them in e-bid dossiers and make a document checking record according to the form in Appendix 3C to this Circular. This document checking record shall be attached to the contract negotiation record.

7. After the document checking, if the bid solicitor detects a difference between documents provided by a contractor and information declared by it/him/her in the e-bid dossier, thus leading to a change in e-bid dossier evaluation results, the bid solicitor shall request the experts’ team to conduct revaluation for this contractor. After the experts’ team completes the evaluation report, the bid solicitor shall submit the list of ranked contractors to the project owner for re-approval for use as a basis for inviting contractors for contract negotiation under Clause 6 of this Article. In this case, a contractor’s untruthful declaration in the e-bid dossier shall be regarded as a fraudulent act as prescribed in Clause 4, Article 89 of Bidding Law No. 43/2013/QH13.

Article 9.E-bid dossier evaluation according to process 02

1. Based on the bid opening record shown in the system, the first-ranked contractor in terms of bid shall be evaluated under Clauses 1, 2 and 3, Article 8 of this Circular.

2. In case the first-ranked contractor is evaluated as satisfying the requirements stated in the e-bidding dossier, the bid solicitor shall invite this contractor for contract negotiation. In the course of contract negotiation, the bid solicitor shall check documents provided by the contractor against information declared by it/him/her in the e-bid dossier and make a document checking record according to the form in Appendix 3C to this Circular. This document checking record shall be attached to the contract negotiation record.

After the document checking, if the bid solicitor detects a difference between documents provided by the contractor and information declared by it/him/her in the e-bid dossier, thus leading to a change in e-bid dossier evaluation results, the bid solicitor shall request the experts’ team to conduct revaluation for this contractor. In this case, the contractor’s untruthful declaration in the e-bid dossier shall be regarded as a fraudulent act as prescribed in Clause 4, Article 89 of Bidding Law No. 43/2013/QH13.

3. In case the first-ranked contractor fails to satisfy the requirements stated in the e-bid dossier as prescribed in Clause 1 of this Article, the bid solicitor shall conduct evaluation for the next-ranked contractor.

Section 2

SINGLE-STAGE TWO-ENVELOPE BIDDING

Article 10.Process of evaluating e-bid dossiers for procurement or construction and installation bidding packages

1. The evaluation of e-dossiers of technical proposals, covering validity evaluation, capacity and experience evaluation, and technical evaluation, must comply with the processes prescribed in Clauses 1, 2 and 3, Article 8 of this Circular.

2. Contractors that have passed the evaluation of e-dossiers of technical proposals may have their e-dossiers of financial proposals opened. The evaluation of e-dossiers of financial proposals must comply with the process prescribed in Clause 4, Article 8 of this Circular.

3. After completing reports on evaluation of e-dossiers of technical proposals or e-dossiers of financial proposals, the experts’ team shall print out evaluation reports, and put signatures and append seals (if any) thereon. The contract negotiation and document checking must comply with Clauses 6 and 7, Article 8 of this Circular.

Article 11.Process of evaluating e-bid dossiers for bidding packages on provision of consultancy services

1. The evaluation of e-dossiers of technical proposals, covering validity evaluation and technical evaluation, must comply with the processes prescribed in Clauses 1 and 3, Article 8 of this Circular.

2. Contractors that have passed the evaluation of e-dossiers of technical proposals may have their e-dossiers of financial proposals opened. The evaluation of e-dossiers of financial proposals must comply with the process prescribed in Clause 4, Article 8 of this Circular.

3. After completing reports on evaluation of e-dossiers of technical proposals or e-dossiers of financial proposals, the experts’ team shall print out evaluation reports, and put signatures and append seals (if any) thereon. The contract negotiation and document checking must comply with Clauses 6 and 7, Article 8 of this Circular.

Section 3

CLARIFICATION OF E-BID DOSSIERS, SUBMISSION, APPRAISAL AND APPROVAL

Article 12.Clarification of e-bid dossiers

1. After the bid opening, contractors shall clarify e-bid dossiers as required by the bid solicitor. Such clarification shall be conducted right in the system.

2. In case the bid solicitor requests a contractor to clarify the e-bid dossier in the system but the latter has to supplement and clarify many documents, thus unable to send them directly to the system, the contractor may send such documents to the bid solicitor directly, by post, or via fax or email, within the time limit specified in the bid solicitor’s request for clarification.

Article 13.Submission, appraisal and approval

1. For bidding packages subject to single-stage one-envelope bidding:

a/ For bidding packages evaluated according to process 01, based on the experts’ team’s report on e-bid dossier evaluation results, the bid solicitor shall submit a list of ranked contractors to the project owner for approval. If only one contractor has passed the financial evaluation, it is not required to approve the list of ranked contractors.

b/ For bidding packages evaluated according to process 02, it is not required to approve the list of ranked contractors. The ranking of contractors shall be based on the record of bid opening.

c/ Based on the contract negotiation, the bid solicitor shall submit contractor selection results to the project owner for approval. The project owner shall appraise and approve the contractor selection results.

2. For bidding packages subject to single-stage two-envelope bidding:

a/ Based on the experts’ team’s report on evaluation results of dossiers of technical proposals, the bid solicitor shall submit a list of contractors meeting technical requirements to the project owner for approval. This list shall be appraised before being approved.

b/ Based on the experts’ team’s report on evaluation results of dossiers of financial proposals, the bid solicitor shall submit a list of ranked contractors to the project owner for approval. If only one contractor has passed the financial evaluation, it is not required to approve the list of ranked contractors.

c/ Based on the contract negotiation, the bid solicitor shall submit contractor selection results to the project owner for approval. The project owner shall appraise and approve the contractor selection results.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 14.Organization of implementation

1. This Circular takes effect on September 1, 2019.

2. Based on reality, the Public Procurement Agency of the Ministry of Planning and Investment may modify web forms in the system in order to facilitate online contractor selection, reduce procedures, and increase competition, equality, transparency and economic efficiency in bidding activities, while ensuring the effectiveness of the state management of biding.

3. Ministries, ministerial-level agencies, government-attached agencies, other central agencies, People’s Committees at all levels, and related organizations and individuals shall implement this Circular and report any problems arising in the course of implementation of this Circular to the Ministry of Planning and Investment for timely guidance.-

Minister of Planning and Investment
NGUYEN CHI DUNG

* The appendices to this Circular are not translated.