Circular 07/2024/TT-BKHDT detailing forms of dossiers of requirements, evaluation reports, appraisal reports, inspection and report on bidding activities

 CIRCULAR

Detailing forms of dossiers of requirements, evaluation reports, appraisal reports, inspection and report on bidding activities

^{________________}

Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to the Law on Investment in the Form of Public-Private Partnership dated June 18, 2020;

Pursuant to the Government’s Decree No. 24/2024/ND-CP dated February 27, 2024, detailing a number of articles of and measures to implement the Law on Bidding regarding contractor selection;

Pursuant to the Government’s Decree No. 23/2024/ND-CP dated February 27, 2024, detailing a number of articles and measures for implementation of the Bidding Law regarding selection of investors to implement projects subject to organization of bidding in accordance with specialized laws;

Pursuant to the Government's Decree No. 35/2021/ND-CP dated March 29, 2021, detailing and guiding the implementation of the Law on Investment in the Form of Public-Private Partnership;

Pursuant to the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020, detailing a number of articles of the Bidding Law regarding investor selection;

Pursuant to the Government’s Decree No. 89/2022/ND-CP dated October 28, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

At the proposal of the Director of the Public Procurement Agency;

The Minister of Planning and Investment hereby promulgates the Circular detailing forms of dossiers of requirements, evaluation reports, appraisal reports, inspection and report on bidding activities.

Article 1. Scope of regulation and subjects of application

1. This Criteria provides detailed regulations on forms of dossiers of requirements, evaluation reports, appraisal reports, inspection and report on bidding activities.

2. This Decree applies to organizations and individuals engaged in, or related to the activities prescribed in Clause 1 of this Article.

Article 2. Application of forms and appendices

1. The form of dossier of requirements is applied to the process of contractor appointment according to normal procedures specified in Article 76 and Article 77 of the Government's Decree No. 24/2024/ND-CP dated February 27, 2024, detailing a number of articles of and measures to implement the Law on Bidding regarding contractor selection (hereinafter referred to as Decree No. 2024/ND-CP):

a) Form No. 1A is used to compile dossiers of requirements for construction and installation bidding packages;

b) Form No. 1B is used to compile dossiers of requirements for goods procurement bidding packages;

c) Form No. 1C is used to compile dossiers of requirements for bidding packages to provide non-consultancy services;

d) Form No. 1D is used to compile dossiers of requirements for bidding packages to provide consultancy services.

For mixed bidding packages applying contractor appointment, bidding packages applying international contractor appointment, and bidding packages applying direct procurement, the compilation of dossiers of requirements may apply forms specified in this Clause, provided that such application is not contravention of the Bidding Law and Decree No. 24/2024/ND-CP.

2. Forms of evaluation reports:

a) Form No. 2A is used to prepare reports on evaluation of bid dossiers for non-consultancy service, goods procurement, construction and installation and mixed bidding package for which the open bidding or restricted bidding is organized offline according to the single-stage single-envelope method;

b) Form No. 2B is used to prepare reports on evaluation of bid dossiers for non-consultancy service, goods procurement, construction and installation and mixed bidding packages for which the open bidding or restricted bidding is organized offline according to the single-stage two-envelope method;

c) Form No. 2C is used to prepare reports on evaluation of bid dossiers for consultancy service bidding package applying offline open bidding and restricted bidding.

The preparation of reports on evaluation of dossiers of expression of interest, dossiers for participation in prequalification and bid dossiers of bidding packages applying the offline two-stage bidding method, and dossiers of proposals using the forms specified in this Clause must not be contrary to the Bidding Law and Decree No. 24/2024/ND-CP.

3. Evaluation report forms used for online and offline bidding include:

a) Form No. 3A for preparation of the report on appraisal of bidding dossiers;

b) Form No. 3B for preparation of the report on appraisal of the list of the list of contractors satisfying technical requirements, for bidding packages applying the single-stage two-envelop method, and bidding packages applying online haggling according to the normal process.

c) Form No. 3C for preparation of the report on appraisal of the contractor selection result;

The formulation of reports on appraisal of bidding dossiers of the bidding packages applying the two-stage bidding method, dossiers of invitation for expression of interest, dossiers of invitation to prequalification, dossiers of requirements; appraisal of results of evaluation of dossiers of expression of interest, dossiers for participation in prequalification; appraisal of the list of list of contractors satisfying technical requirements for bidding packages applying the two-stage method, bidding packages applying online haggling, contractor appointment or direct procurement, using the forms specified in this Clause, must not be contrary to the Bidding Law, Decree No. 24/2024/ND-CP.

4. Forms for inspection of bidding activities:

a) Form No. 4.1A for preparing the plan for periodic inspection of bidding activities;

b) Form No. 4.1B for preparing the detailed inspection plan;

c) Form No. 4.2 for preparing the outline report on the selection of contractors and investors;

d) Form No. 4.3 for preparing the report on inspection of contractor and investor selection activities;

dd) Form No. 4.4 for preparing the conclusion on inspection of contractor and investor selection activities;

e) Form No 4.5 for preparing the report on implementation of inspection conclusion.

5. Form No. 5 for preparing the report on bidding activities.

6. Appendices:

a) Appendix 1: Bid-closing record (if necessary);

b) Appendix 2A: Bid-opening record (for bidding packages that are organized by the single-stage and single-envelope method);

c) Appendix 2B: Record of the opening of dossiers of technical proposals (for bidding packages that are organized by the single-stage and two-envelope method);

d) Appendix 2C: Record of the opening of dossiers of financial proposals (for bidding packages that are organized by the single-stage and two-envelope method);

dd) Appendix 3: Inspection decision;

e) Appendix 4: Inspection notice;

g) Appendix 5: Announcement of the inspection decision;

h) Appendix 6: Notice of completion of direct inspection.

For offline bidding, the forms of the request for approval of the list of contractors satisfying technical requirements, Decision on approval of the list of contractors satisfying technical requirements, Minutes of contract negotiation, Request for approval of the contractor selection results, Decision on approval of the contractor selection results, Commitment may apply the forms provided in the Appendix to the Minister of Planning and Investment's Circular No. 06/2024/TT-BKHDT dated April 26, 2024, providing guidance on the provision and posting of information on contractor selection and bidding-related dossier forms on the Vietnam National E-Procurement System on the basis of not contravention of the Bidding Law, Decree No. 24/2024/ND-CP.

7. In case of modifying the form of dossier of requirements specified in Clause 1 of this Article, an organization or individual compiling, appraising or approving the dossier of requirements must ensure the appropriate and strict modification without contravention of the Bidding Law, Decree No. 24/2024/ND-CP. The written request for approval of the dossier of requirements must clearly state modified contents and reasons for modification for consideration and decision by the project owner. In any cases, the project owner must ensure that the selected contractor has sufficient capacity, experience, and technical solutions to implement the bidding package according to the schedule, quality, and other requirements specified in the dossier of requirements.

Article 3. Agencies and organizations reporting on bidding activities

1. On an annual basis, the Ministry of Planning and Investment shall synthesize and report to the Prime Minister on the implementation of bidding activities nationwide.

2. Ministries, ministerial-level agencies, government-attached agencies, other central agencies, provincial-level People’s Committees, state enterprises, other agencies and organizations regulated by Article 2 of the Bidding Law shall make annual reports on bidding activities on localities, sectors and fields under the management on Vietnam National E-Procurement System, or send paper reports to the Ministry of Planning and Investment in case of confidentiality requirements.

3. Provincial-level Departments of Planning and Investment, units assigned to manage bidding activities shall assist ministries, ministerial-level agencies, government-attached agencies, other central agencies, provincial-level People’s Committees, state enterprises, other agencies and organizations to urge, and synthesize annual reports on bidding activities of project owners, bid solicitors in localities under the management.

4. Project owners and bid solicitors shall send reports on the bidding activities of their bidding packages or projects to provincial-level Departments of Planning and Investment, and units assigned to manage bidding activities as prescribed in Clause 3 of this Article.

Article 4. Deadlines for reporting on bidding activities

1. The Ministry of Planning and Investment shall send report to the Prime Minister before April 15 of the year following the reporting period. In case the above reporting time coincides with a weekend or a holiday as prescribed by labor law, the reporting time shall be the first working day after the weekend or holiday.

2. Ministries, ministerial-level agencies, government-attached agencies, other central agencies, provincial-level People’s Committees, and state enterprises shall send reports on Vietnam National E-Procurement System before February 1 of the year following the reporting period. In case the above reporting time coincides with a weekend or a holiday as prescribed by labor law, the reporting time shall be the first working day after the weekend or holiday.

3. Project owners and bid solicitors shall send annual reports on bidding activities according to the deadlines for reporting provided by provincial-level Departments of Planning and Investments or units assigned to manage bidding activities.

Article 5. Transitional provisions

1. Inspection teams established under inspection decisions issued before the effective date of this Circular shall operate in accordance with such decisions and the Minister of Planning and Investment’s Circular No. 10/2016/TT-BKHDT dated July 22, 2016, detailing the supervisions, monitoring and inspection of bidding activities.

2. For bidding packages applying contractor appointment or direct procurement:

a) For bidding packages of which the dossiers of requirements have been issued in the period of between January 1, 2024, and before February 27, 2024, the compilation of dossiers of requirements, evaluation of dossiers of proposals, appraisal of contractor selection results, contract conclusion and contract performance management shall comply with the Bidding Law No. 22/2023/QH15, valid provisions of Decree No. 63/2014/ND-CP that are consistent with the Bidding Law No. 22/2023/QH15;

b) For bidding packages of which the dossiers of requirements have been issued in the period of between February 27, 2024, and before the effective date of this Circular, the compilation of dossiers of requirements, evaluation of dossiers of proposals, appraisal of contractor selection results, contract conclusion and contract performance management shall comply with the Bidding Law No. 22/2023/QH15 and Decree No. 24/2024/ND-CP;

c) From the effective date of this Circular, the dossiers of requirements of the bidding package that have not yet been issued before the effective date of this Circular shall be compiled, modified, submitted, appraised and approved in accordance with this Circular.

Article 6. Effect

1. This Circular takes effect from June 15, 2024.

2. The following Circular cease to be effective on the effective date of this Circular:

a) The Minister of Planning and Investment’s Circular No. 10/2016/TT-BKHDT dated July 22, 2016, detailing the supervisions, monitoring and inspection of bidding activities;

b) The Minister of Planning and Investment’s Circular No. 19/2015/TT-BKHDT dated November 27, 2015, detailing the regulations on establishment of assessment report during the process of contractor selection;

c) The Minister of Planning and Investment's Circular No. 23/2015/TT-BKHDT dated December 21, 2015, detailing the preparation of reports on evaluation of bid dossiers;

d) The Minister of Planning and Investment’s Circular No. 06/2017/TT-BKHDT dated December 5, 2017, detailing the provision of information on bidding, reports on bidding activities regarding contractor selection;

3. Provisions of Article 10 of the Minister of Planning and Investment’s Circular No. 09/2019/TT-BKHDT dated July 29, 2019, amending, supplementing and annulling a number of articles and clauses of Circulars relating to periodical reporting regimes under the state management and reporting information system of the Ministry of Planning and Investment, are hereby annulled.

Article 7. Responsibility for implementation

1. Ministries, ministerial-level agencies, government-attached agencies, other central agencies, People’s Committees at all levels, and relevant organizations and individuals shall implement this Circular.

2. Any problems arising in the course of implementation should be reported to the Ministry of Planning and Investment for timely guidance./.

FORM 1D

DOSSIER OF REQUIREMENTS FOR
CONSULTANCY SERVICES

(Attached to Circular No. 07/2024/TT-BKHDT
dated April 26, 2024, of the Minister of Education and Training)

DOSSIER OF REQUIREMENTS FOR
CONSULTANCY SERVICES

ABBREVIATIONS OF TERMS

Part 1. PROCEDURES FOR CONTRACTOR APPOINTMENT

Chapter I. INSTRUCTIONS FOR CONTRACTORS

Section 1. Bidding package contents

1. The bid solicitor ___ [insert name of the bid solicitor] requests the contractor to prepare the dossier of proposals for bidding package: ___ [insert name of the bidding package according to the approved contractor selection plan] of ___ [insert the project//procurement estimate name].

2. Fundings for implementing the bidding package: ___ [Funding sources or fund arrangement method and time of allocation of funds for payment to contractors must be clearly stated. In case of use of official development assistance or concessional loans, the names of donors and structure of funding sources, including financial aid and domestic funds must be clearly stated].

3. Bidding package performance duration: ___ days [specify the time according to the contractor selection plan], counted from the effective date of the contract to the date of completion and acceptance of the consultancy service, excluding duration for supervision of the author (if any).

Section 2. Prohibited acts in bidding

Prohibited acts in bidding include those specified in Article 16 of the Bidding Law.

Section 3. Eligibility of contractors

1. An institutional contractor is regarded as eligible when satisfying requirements of Points a, b, c, d, e, g and i Clause 1 Article 5 of the Bidding Law;

2. A contractor being a business household is regarded as eligible when satisfying requirements of Points a and b Clause 2 and Points d and e Clause 1 Article 5 of the Bidding Law;

Contractors that are organizations or business households are not required to meet requirements on assurance of competition in bidding as specified at Point dd Clause 1 Article 5 of the Bidding Law, except for the cases where contractors participating in the bidding and performing contracts are required to be independent from other organizations and individuals by relevant laws.

Section 4. Clarification and modification of a dossier of requirements

1. In case where the contractor needs to clarify the dossier of requirements, he/she/it shall send a document to the bid solicitor before the date of bid closing.

2. In case of modifying the dossier of requirements, the bid solicitor shall send a modification decision and modified contents to the contractor. Duration for written modification to the dossier of requirements to the contractor is ___ [Specify the number of days, which must be 3 working days at least. If the written modification cannot be sent within the duration as prescribed, the bid solicitor shall extend the corresponding bid closing time to ensure the duration for sending written modification to the dossier of requirements] before the date of bid closing.

Section 5. Costs, currency and languages used in the bidding

1. The contractor must pay all costs related to the bidding participation.

2. The currency of bid and currency of payment is VND.

3. All documents and documentation exchanged between the bid solicitor and the contractor, which are related to the bidding participation must be in Vietnamese. Supporting documents that are part of the dossier of proposals may be written in another language provided they are accompanied by a Vietnamese translation. In case of absence of the translation, the bid solicitor may request the contractor to supplement when necessary.

Section 6. Documents comprising the dossier of proposals

The contractor is required to examine all instructions, forms, terminology, specifications, consultancy service requirements and other requirements prescribed in the dossier of requirements for the preparation of the dossier of proposals, including all information or documentation required by the dossier of requirements, including: 

1. Written request for contractor appointment, made according to Form No. 01 provided in Chapter III;

2. Partnership agreement, for partnership contractor, made according to Form No. 03 provided in Chapter III;

3. Technical proposals as prescribed in Section 8 of this Chapter;

4. Price proposals, made according to Forms No. 12a, 12b, 13, 14 and 15 provided in Chapter III;

5. Other contents __ [Specify other contents, depending on the nature and requirements of the bidding package].

Section 7. Proposed prices for contractor appointment

1. The bid written by the contractor in the request for contractor appointment includes all expenses (excluding discount) to implement the bidding package as required by the dossier of requirements. The contractor must submit the dossier of proposal for all the works described in Chapter IV and make online haggling for all the works specified in the corresponding quote, using Forms No.12a, 12b, 13, 14 and 15 of Chapter III, including unit price (if any), and total price.

Contractor ______ analyzes the cost of remuneration for experts according to Form No. 12b of Chapter III. [In case where the contractor is not required to analyze the cost of remuneration for experts, clearly write “not required”. [In case where the contractor is not required to analyze the cost of remuneration for experts, clearly write “required”].

2. A bid price must be inclusive of all expenses for risks of work volume and provisions for inflation which may occur in the course of contract performance. For simple consultancy service bidding packages with short contract performance duration, without any risk or inflation, the expense for risks of work volume and provisions for inflation shall be 0 (VND). For bidding packages applying time-based contracts, their bids shall be exclusive of expenses for risks of work volume and provisions for inflation which may occur in the course of contract performance.

Section 8. Technical proposal components

Based on the consultancy service or other requirements, the contractor must submit the technical proposals, which specifically describe methods for work performance, personnel, schedules for performance and other necessary information as prescribed in Chapter III to demonstrate the suitability of the proposals for the work requirements and the deadline for completing the work.

Section 9. Validity of the dossier of proposals

1. Validity duration of a dossier of proposals must be ___ [Specify the number of days, depending on the size and nature of the bidding package, ensure the validity duration to the date of contract conclusion] from the date of bid closing.

2. In case of necessity, before the expiration of the validity duration of the dossier of proposals, the bid solicitor may request the contractor to extend the validity duration of the dossier of proposals. The request for extension and the approval shall be made in writing.

Section 10. Format of, and Signature in the dossier of proposals

1. The contractor must prepare an original and _______ copies of the dossier of proposals [insert the number of copies, which must not exceed 3], clearly stating “original” and “copy” respectively. The contractor must clearly specify the name of the bidding package, contractor’s name, bid solicitor's name on the outside of the dossier of proposals envelope. The contractor shall be responsible for the consistency and accuracy between the original and the copies. In case there exist disparities between originals and copies, the evaluation shall be conducted based on originals.

2. All the documents specified in Section 6 of Chapter I must bear the signature of the contractor's lawful representative. If the contractor is a partnership, the dossier of proposals must bear the signatures of lawful representatives or all partners or the member that represents the partnership as appointed in the partnership agreement.

3. Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the request for contractor appointment.

Section 11. Bid closing time and bid opening time

1. The dossier of proposal must be submitted directly or sent by the contractor to the bid solicitor’s address no later than the time of bid closing: ___ (hour), date ___ month ___ year ___[insert the time of bid closing].

2. Bid opening:

Bids shall be opened publicly within 2 hours after the time of bid closing. The bid solicitor shall only open dossiers of proposals received before the time of bid closing and meeting the requirements of the dossier of requirements to the witness of contractors’ representatives participating in the bid-opening ceremony, regardless of whether or not the contractors are present. The bid opening shall be conducted to every dossier of proposals according to the alphabet order of the contractors’ names and the following procedures:

a) Checking the seal;

b) Opening the dossier and reading out the name of contractor:

- Whether this is an independent contractor or a partnership contractor;

- Quantities of originals and photocopies;

- Bid stated in the bid application;

- Discounts (if any);

- Validity duration of the dossier of proposals;

- Bidding package performance duration;

- Other relevant information.

A bid-opening record must include information specified at Points a and b of this Clause. A bid-opening record must be signed by representatives of the bid solicitor and contractors participating in the bid-opening ceremony. This record shall be sent to the contractors submitting dossiers of proposals. The bid solicitor’s representative shall sign the original bid application and discount offer letter (if any), Power of Attorney of the contractor’s at-law representative (if any); partnership agreement (if any); financial proposals and other important documents of each dossier of proposals.

Section 12. Subcontractors

1. In case where the contractor needs to employ the subcontractor, the list of subcontractors shall be made according to Form No. 11 of Chapter III. There is no change to the responsibilities of the contractor in spite of employment of any subcontractor. The contractor shall be responsible for quantity, quality, schedule and other responsibilities for the tasks performed by the subcontractor. Replacement and addition of subcontractors beyond the list of subcontractors is subject to permission by the project owner with appropriate reasons.

2. The contractor may only employ subcontractors to perform work with total value for subcontractors not exceeding ___ [insert appropriate percentage] of the contractor's bids.

Section 13. Evaluation of dossiers of proposals and negotiation on proposals of the contractor

1. The evaluation of the dossier of proposal shall comply with provisions of Chapter II.

2. During evaluation, the bid solicitor shall invite contractors to negotiate (if any), clarify or modify and supplement their dossiers of proposals in order to prove the contractors’ satisfaction of the requirements on capacity and experience, implementation schedule, volume, quality, technical solutions and measures to execute the bidding package. The contract negotiation also includes negotiation of necessary contents relating to the contractors’ financial proposals, including error correction and deviation adjustment (if any).

Section 14. Conditions for a contractor to be proposed for appointment

A contractor shall be considered the bid-winning contractor when fully meeting the following conditions:

1. Having a valid dossier of proposals;

2. Satisfying technical requirements;

3. Having the proposed winning bid (after error correction and deviation adjustment minus the value of discounts) not exceeding the approved bidding package price.

Section 15. Announcement of contractor appointment results

Within 5 working days from the date on which the contractor selection results are approved, the project owner shall post information about the contractor selection results on Vietnam National E-Procurement System, and at the same time, send a notice of contractor selection results and the draft contract and plan for contract completion to the bid-winning contractor.

Section 16. Contract finalization and signing

1. The dossier of proposals of the selected contractor shall remain valid at the time of signing of the contract.

2. At the time of signing of contract, the selected contractor must meet requirements on technical and financial capacity to perform the bidding package as required by the dossier of requirements.

3. The project owner must ensure conditions on advanced capital, capital for payment, site ground and other necessary conditions for execution of the bidding package according to schedule.

Section 17. Settlement of complaints

1. If deeming that its/his/her legitimate rights and interests are affected, a contractor may lodge a petition to the competent person or project owner to request the latter to reconsider matters arising in the course of contractor selection, or on the contractor selection result in accordance with Articles 89, 90, and 91 of the Bidding Law.

2. Petition filling addresses:

a) The project owner's petition filling address: ______ [insert full name, address, telephone and fax number].

b) The competent person's petition filling address: ______ [insert full name, address, telephone and fax number].

c) Address of the standing unit assisting the chairperson of consultancy council: ______ [insert full name, address, telephone and fax number].

Section 18. Supervision of the contractor selection progress

The contractor shall be responsible for notifying the monitoring and supervising organizations or individuals (using the following address) any acts or contents inconsistent with the law on bidding: ______ [insert full name, address, telephone and fax number of an organization or individual assigned the task of supervision by the competent person (if any)].

Chapter II. CRITERIA FOR EVALUATION OF DOSSIERS OF PROPOSALS

Section 1. Checking and evaluation of the validity of the dossier of proposals

1.1. Inspection of the dossier of proposals

a) Checking of the quantity of copies of the dossier of proposals;

b) Checking documents comprising the dossier of proposals under Section 6 of Chapter I;

c) Checking of the consistency between the copies and originals to serve the detailed evaluation of the dossier of proposals.

1.2. Evaluating the validity of the dossier of proposals

A dossier of proposals is considered valid when meeting the following requirements:

a) The original dossier of proposals is available;

b) Having a request for contractor appointment signed and stamped (if any) by the contractor's lawful representative at request of the dossier of requirements; the bid application must be signed after the dossier of requirements is issued; not accompanying disadvantaged conditions to the project owner. For a partnership contractor, the bid application must bear the signatures and seals (if any) of the lawful representative of every partner. An assigned member may sign the bid application on behalf of the partnership if so agreed in the partnership agreement;

c) Tax declaration and tax payment obligations are fulfilled:

In case the bid is closed after ending of the fiscal year of the contractor (year Y) and before or within the last date of the third month from the end of year Y, the requirements of fulfillment of the obligations of tax declaration and payment shall be applied to the fiscal year preceding year Y (year Y-1) (For example: In case the bid is closed on March 20, 2024, the fiscal year of the contractor is counted from January 1 to December 31, the contractor must prove its/his/her fulfillment of the obligations of tax declaration and payment for 2022).

d) Validity of the dossier of proposals satisfies requirements in Section 9 of Chapter I;

dd) There is a partnership agreement (for partnership) bearing signatures and seals (if any) of lawful representatives of all partners and in which detailed tasks and corresponding value performed by each partner shall be clearly specified. The assignment of tasks within a partnership shall be based on the items listed in the terms of reference and technical proposals. Those outside the scope of such items shall not be assigned;

e) The contractor is eligible in accordance with Section 3 of Chapter I;

g) Within 3 years before the time of bid closing, the contractor does not have any personnel (who signed a labor contract with such contractor at the time of the violation) convicted by the Court of violating the bidding regulations causing serious consequences as specified in criminal law regulations for the purpose of winning any bidding for such contractor;

h) Having sufficient capacity to operate in accordance with specialized laws (if any).

2. Any contractor having valid dossier of proposals shall be considered for further evaluation.

Section 2. Criteria for technical evaluation

2.1. Evaluation by the point-rating method

a) Technical evaluation of a dossier of proposals is carried out according to the point-rating method, in which the maximum point must be specified for general and detailed criteria; the minimum point must be specified for general and detailed criteria of solution and methodology contents, and key personnel. For the criteria on the experience and capacity of the contractor, the nature of the bidding package shall be based on to determine the necessity of stipulating the minimum point for this general criterion. The evaluation of similar contracts of partnership contractors is based on the volume of work undertaken by each partner.

The technical evaluation criteria include the following contents:

Table 01

The contractor may propose key personnel on its/his/her payroll or hired.

b) The formulation of criteria for technical evaluation must meet the following requirements:

- Total point for contents on experience and capacity, contractor’s prestige through the participation in bidding and contract performance results, etc., solutions and methodologies, personnel and requirements on technology transfer (if any) equal to 100%.

- Regarding criteria for evaluation in terms of key personnel: Only set out criteria for evaluation in terms of professional, experience and capacity appropriate to the position held by each key personnel specified in Clause 3 of the above Table, but not criteria for evaluation of other employees.

- The required technical point must not be lower than 70% of the total point (80% for consultancy service bidding packages with high and specific technical requirements) and the point of each content requiring solutions and methodologies, personnel, and technology transfer (if any) must not be lower than 60% of the maximum point of that content (not lower than 70% for consultancy service bidding packages with high and specific technical requirements). For the criteria on the experience and capacity of the contractor, the nature of the bidding package shall be based on to determine the necessity of stipulating the minimum point for this general criterion.

2.2. Evaluation on a “pass” and “fail” norms:

A dossier of proposals may be technically evaluated on a “pass” and “fail” norms. On a basis of the scope and nature of the bidding package, each criterion shall be given a requirement level. With regard to the general criteria, only “pass” and “fail” norms are applied. With regard to the fundamentally detailed criteria in general criteria, only “pass” and “fail” norms are applied; with regard to the non-fundamentally detailed criteria in general criteria, apart from the “pass” and “fail” norms, the accepted norm may be applied, provided that it does not account more than 30% of detailed criteria in such general criteria.

The general criteria shall be considered passed when all fundamentally detailed criteria are considered passed and all non-fundamentally detailed criteria are considered passed or accepted.

A dossier of proposals shall be considered satisfying technical requirements if all general criteria are considered passed.

2.3. Contractors that meet technical requirements may be evaluated in term of finance.

Section 3. Criteria for financial evaluation

1. Determination of bids proposed for contractor appointment:

Step 1: Error correction and deviation adjustment under Article 66 of Decree No. 24/2024/ND-CP (if any);

Step 2: Determination of bid after error correction and adjustment of deviation (if any), minus (-) discount (if any);

2. Determination of the lowest bid:

Step 1: Error correction and deviation adjustment under Article 66 of Decree No. 24/2024/ND-CP (if any);

Step 2: Determination of bid after error correction and adjustment of deviation (if any), minus (-) discount (if any);

Step 3: Ranking of contractors: The dossier of proposals with the lowest bid after error correction and adjustment of deviation (if any), and minus (-) discount value (if any) shall be ranked the first contractor.

Chapter III. FORMS

Form No. 01

REQUEST FOR CONTRACTOR APPOINTMENT

______, month ______date ______ year___

To: ___[insert name of the bid solicitor]

(hereinafter referred to as the bid solicitor)

After studying the dossier of requirements (including its modifications, if any), we, _____ [insert the contractor’s name], hereby commit to perform the bidding package _______[insert the bidding package's name] according to the dossier of requirements, with the total money of _____ [insert the value in numbers, words and the bid currency]. The bidding package performance duration is ____[insert period of time for performing all tasks required by the dossier of requirements].

The dossier of proposals shall be valid for ___ days [insert number of days], from ___ month ___ dated ___ year [insert the date of bid closing].

We hereby commit that:

1. We are not in the process of carrying out procedures for dissolution or having the certificate of enterprise registration, certificate of registration of cooperative, union of cooperatives or cooperative group revoked; not falling into the case of insolvency according to the bankruptcy law (not in the process of terminating operations or having the business household registration certificate revoked for contractors that are business households);

2. We have fulfilled tax declaration and payment obligations of the latest fiscal year to the time of bid closing.

3. We are not prohibited from participating in bidding as prescribed in the bidding law;

4. We are not being examined for penal liability (the householder is not being examined for penal liability in case the contractor is a business household);

5. We are not involved in corrupt, fraudulent or conclusive practice and other violations against law on bidding when participating this bidding package.

6. Within 3 years before the time of bid closing, the contractor does not have any personnel (who signed a labor contract with such contractor at the time of the violation) convicted by the Court of violating the bidding regulations causing serious consequences as specified in criminal law regulations for the purpose of winning any bidding for the contractor.

7. Every information provided in the dossier of proposals is truthful to be best of our knowledge.

8. In case of bid winning, the dossier of proposals and documents supplementing and clarifying the dossier of proposals shall constitute a binding agreement between the two parties until the contract is signed.

Note:

(1) If the contractor's at-law representative authorizes a subordinate to sign the request for contractor appointment, the Power of Attorney made according to Form No. 02 of this Chapter must be attached. In case where the subordinate is in charge of signing the request for contractor appointment as stated in the company charter of other relevant documents, copies of such documents must be attached (in such case, the Power of Attorney made according to Form No. 02 of this Chapter is not required).

(2) The dossier of requirements must not contain any contents requiring the contractor to submit the personnel's criminal records to prove the content of this evaluation. The contractor is only required to make commitments in this request.

Form No. 02

POWER OF ATTORNEY⁽¹⁾

Today, on ___month _____date _____year, at ______

I am __________[insert name, identity card or passport number, position of the contractor’s at-law representative], the at-law representative of _______ [insert name of the contractor] at _____________ [insert address of the contractor] hereby authorizes _____________ [insert name, identity card or passport number, position of authorized person] to perform the following tasks during the participation in the bidding for ____________ [insert name of the bidding package] of _____________ [insert name of the procurement estimate/project] held by ____________ [insert name of the bid solicitor]:

[- Signing the request;

 - Signing documents and documentation for transactions with the bid solicitor during the bidding participation, including the documents explaining and clarifying the dossier of proposals;

- Participating in contract negotiation;

- Signing contract with the project owner if the project owner wins the bid]. ⁽²⁾

The authorized person shall only perform the tasks within the scope of authorization as a lawful representative of __________ [insert name of contractor]. ____________ [insert name of contractor] is totally responsible for the tasks performed by ___________ [name of authorized person] within the authorization scope.

The Power of Attorney is effective from __________ [date] to _________ [date]⁽³⁾ and is made into _______ copies with equal value. _____ copies are kept by the authorizing person, and _______ copies are kept by the authorized person.

Note:

(1) The original copy of the Power of Attorney shall be sent to the bid solicitor together with the request for contractor appointment. The contractor’s at-law representative may authorize their deputies, subordinates, directors of branches, and heads of representative offices of the contractor to perform the one or several tasks as mentioned above on behalf of the at-law representative. In this case, the authorized person may use the seal of the contractor or seal of his/her unit. The authorized person may not authorize another person.

(2) The scope of authorization shall include one or several tasks as mentioned above.

(3) Insert the effective date and expiration date of the Power of Attorney in conformity with the bidding participation process.

Form No. 03

PARTNERSHIP AGREEMENT⁽¹⁾

           ....., date... month.... year....            

Bidding package: ______[insert name of the bidding package]

Of: ______[Name of the procurement estimate/project]

- Pursuant to⁽²⁾_[the Bidding Law];

- Pursuant to⁽²⁾ ;

- Pursuant to the dossier of requirements for _______________ [insert name of the bidding package] dated __________ [insert date written on the dossier of requirements];

We, representatives of signatories to the partnership agreement, include:

Name of partner ____[insert name of each partner]

Representative:                                                                                

Position:                                                                                           

Address:                                                                                           

Tel.:                                                                                        

Fax:                                                                                                  

Email:                                                                                               

Account No.:                                                                                             

Tax identification number:                                                                                            

Power of Attorney No. ___________ dated ___________ (in case of authorization).

          Both parties (hereinafter referred to as members) have reached a consensus on entering into a partnership agreement with the following contents:

          Article 1. General principles

          1. Members voluntarily establish this partnership to participate in the bidding for __________ [insert name of the bidding package] of _______________ [insert name of the procurement estimate/project].

          2. Official name of the partnership used in every transaction related to the bidding package as agreed by all members is [insert the agreed name of the partnership].

          3. Every member is committed not to refuse to fulfill the duties and obligations prescribed in the contract. Any member of the partnership that refuses to perform its duties as agreed shall have to:

- Pay compensations for damage to other parties in the partnership;

- Pay compensations for damage to the project owner as prescribed by the contract;

- Incur other disciplinary forms __________ [specify the form].

          Article 2. Assignment of responsibilities

All members unanimously assign responsibilities of each member to perform

 [insert name of the bidding package] of _______________ [insert name of the procurement estimate/project] as below:

1. Leading member of the partnership

          All parties unanimously authorize ________ [insert name of a party] as the leading member of the partnership who represents the partnership to perform the following tasks⁽³⁾:

[- Signing the request for contractor appointment;

- Signing documents and documentation for transactions with the bid solicitor during the bidding participation, including the documents explaining and clarifying the dossier of requirements and dossier of proposals;

- Participating in contract negotiation;

- Participating in contract finalization;

- Sign petitions (if any);

- Performing other tasks except for contract conclusion _______________ [specify other tasks (if any)].

2. All partners in the partnership unanimously assign tasks for every member as follows⁽⁴⁾:

Article 3. Effect of the partnership agreement

1. The partnership agreement takes effect from the date of its signing.

2. The partnership agreement cease to be effective in the following cases:

- All parties fulfill their duties and obligations, and liquidate the contract;

- The agreement is unanimously terminated by all parties;

- The partnership contractor does not win the bid;

- The bidding package ____________ [insert name of the bidding package] of ___________ [insert name of the procurement estimate/project] is canceled as notified by the bid solicitor.

The partnership agreement is made into _______ copies with equal legal value, each party keeps _________ copies.

LAWFUL REPRESENTATIVE OF THE LEADING MEMBER OF THE PARTNERSHIP⁽⁵⁾

[Full name, position, signature and seal]

LAWFUL REPRESENTATIVE OF THE PARTNER

[Full name, position, signature and seal of each member]

Note:

(1) On a basis of scope and nature of the bidding package, this Partnership agreement may be amended accordingly.

(2) Updating legal normative documents in force.

(3) The scope of authorization shall include one or several tasks as mentioned above.

(4) The contractor must specify detailed tasks and estimate equivalent value of tasks performed by every partner, common and private responsibilities of each partner, including the leading member.

(5) Lawful representative of a partner may be its at-law representative or a lawfully-authorized representative.

Form No. 04

WORK ITEMS OF THE BIDDING PACKAGE

1. Works based on unit price and volume

2. Works based on experts’ salaries and expenses other than salaries

Form No. 05

ORGANIZATIONAL STRUCTURE AND EXPERIENCE OF CONSULTANCY CONTRACTORS

A.   Contractor's organizational structure

[Briefly describe the formation and organization of the contractor (in case of a partnership, the organization of each partner shall be described). Describe the number of specialized consultants with whom the contractor has signed long-term or indefinite-term labor contracts and specify the number of years of experience of each consultant].

B. Contractor's experience

  Similar consultancy service bidding packages performed by the contractor within the last years [insert the number of years].

The contractor must use the following table to declare for each consultancy service similar to the one requested in this bidding package that the contractor has performed (as an independent contractor or in a partnership with another contractor or as a subcontractor). For each similar work, the consultancy contractor must provide a summary which includes names of key personnel and subcontractors of the participating contractor, duration for work performance, contractual price (if the participating contractor is a partner of a partnership, or a subcontractor, volume of the work and value undertaken as a partner of a partnership or subcontractor must be specified).

Experience in performing contracts of an expert as individual consultant or as expert for other consultancy contractor is only counted as the expert's own working experience, not as the experience in performing contracts of the contractor submitting the dossier of proposals.

The contractor must attach copies of relevant documents and documentation.

Form No. 06

RECOMMENDATIONS (IF ANY) FOR IMPROVING

THE TERMS OF REFERENCE

[The contractor presents modifications for improving the terms of reference for contract performance]

Proposed supplementations or modifications:

1.

2.

3.

4.

5.

Form No. 07

GENERAL SOLUTIONS AND METHODOLOGIES

PROPOSED BY THE CONTRACTOR FOR PROVISION OF CONSULTANCY SERVICES

The contractor prepares technical proposals (including charts), consisting of 3 parts:

 1. Solutions and methodologies

2. Working plan

3. Organization and personnel

Solutions and methodologies [Describe understanding of the objectives of the work stated in the terms of reference, the technical approach and methodology to be applied to perform the work to achieve the expected results and the level of detail of those results. For supervision consultancy bidding packages, solutions and methodologies must include environmental and social aspects. Contractors are advised not to copy or repeat the terms of reference in this section]

Plan for implementation. [Provide a plan for the implementation of key activities/work, content and duration of activities, phasing of activities and correlation between phases, key milestones (including interim approvals by the project owner) and expected date for submission of reports. The implementation plan must be consistent with the technical approach and methodology, demonstrating an understanding of the terms of reference and the ability to make the terms of reference into a workable implementation plan. A list of complete documents (including reports) to be submitted should be attached. The implementation plan must be consistent with the progress plan]

Organization and personnel [Describe the structure and composition of the expert team, including a list of key personnel, other personnel, and relevant technical and administrative support staff]

Form No. 08

CURRICULUM VITAE OF CONSULTANTS

Contractor’s name:

Qualification: {list college/university or major course attended, name of education institution, length of study, type of degree earned}

________________________________________________________________

Working history suitable for the job: [List the consultant's working history in chronological order according to the following Table. It is not necessary to list the performed work not relevant to the job being requested.]

Membership of professional associations, organizations and published works: ________________________________________________________________

Languages (only those can be used for the job)

________________________________________________________________

I hereby certify that the above information is true. If incorrect, I will take responsibility before the law.

Note:

- Every consultant in the list mentioned in Form No. 09 must fill in this form.

- The contractor shall provide copies of the labor contracts; graduation certificates, and professional practice certificates of the above-mentioned consultants attached to the dossier of proposals.

Form No. 09

IMPLEMENTATION SCHEDULE

Note:

(1) List all work items, each item must state the progress of specific tasks.

(2) Duration for each specific task is shown in a chart, if necessary, the contractor may make notes and explain the chart.

Form No. 10

LIST OF EXPERTS PROVIDING CONSULTANCY SERVICES

Note:

1. The contractor selects persons/month or persons/day in accordance with this Section, if so required by the dossier of requirements; the contractor must propose the total number of key personnel which is not less than the provisions of the dossier of requirements

2. Position and quantity of key personnel must be in accordance with the requirements stated in Table 01, Section 2 of Chapter II.

Form No. 11

SCOPE OF TASKS PERFORMED BY SUBCONTRACTOR⁽¹⁾

Note:

(1) This Form is used in case of employment of subcontractors as permitted by the dossier of requirements.

(2) The contractor specifies names of subcontractors. In case names of subcontractors are not determined, this column may be leaved blank and only the column “Scope of tasks” is filled. Any subcontractor who is selected to perform the tasks must be approved by the project owner.

(3) The contractor specifies names of tasks performed by subcontractors.

(4) The contractor specifies task volume performed by subcontractors.

(5) The contractor specifies the percentage (%) of tasks performed by the subcontractor to the bid.

(6) The contractor specifies the number of contract or agreement, and attach scanned copies of such documents in the dossier of proposals.

Form No. 12a

REMUNERATION FOR EXPERTS^(*)

Lawful representative of the contractor

[Full name, position, signature and seal]

Note:

- (*): This Form is applied to tasks specified in Section 2, Form No. 04 of this Chapter.

- (4): The contractor fills, if the dossier of requirements does not contain requirement on analyzing remuneration for experts according to Form No. 12a. If the dossier of requirements does not contain requirement on analyzing remuneration for experts, the contractor uses Form No. 12b of this Chapter.

Form 12b

ANALYSIS OF REMUNERATION FOR EXPERTS

Lawful representative of the contractor

[Full name, position, signature and seal]

Note: If the contractor is not required to analyze remuneration for expert, this Form is not required

Form No. 13

Form No. 14

EXPENSES FOR WORK ITEMS
BASED ON UNIT PRICE AND VOLUME

Lawful representative of the contractor

[Full name, position, signature and seal]

Note:

(1), (2), (3), (4): Filled by the project owner

(5), (6) The contractor inserts unit price, total, including expenses necessary for service provision, including taxes, fees and charges.

Form No. 15

TOTAL EXPENSES

Lawful representative of the contractor

[Full name, position, signature and seal]

PART 2. TERMS OF REFERENCE

Chapter IV. TERMS OF REFERENCE

The “Terms of reference” including the following main information:

I. Introduction:

General information about the procurement estimate/project and the bidding package.

Purposes for contractor selection.

II. Scope of tasks:

1. Detailed description of the scope of tasks for the contractor, funding source, name of the agency implementing the procurement estimate/project, duration, progress of implementation, number of months - persons or days - persons required (if any).

2. Description of the specific tasks performed by the contractor during the implementation of the consultancy bidding package. It must clearly state the type of work based on unit price and volume, the type of work calculated based on the expert's salary.

3. Expected time for the expert to start providing the consultancy service

III. Reports and reporting deadlines:

Reports to be submitted and their deadlines.

IV. Experience and personnel of the contractor:

Requirements on staff necessary for the bidding package and requirements for each position.

V. Responsibilities of the project owner:

Expected ability to provide working conditions, support staff of the project owner and documents related to the consultant's tasks, including existing relevant research documents to facilitate the contractor to perform its/his/her tasks.

Part 3. CONTRACTUAL CONDITIONS AND FORMS

Based on the scale, nature, and type of contract of the bidding package, the project owner, the bid solicitor, and the expert team shall use Chapters VI, VII, and VIII of the forms of the E-DPP for single-stage, two-envelope consultancy services issued together with Circular No. 06/2024/TT-BKHDT dated April 26, 2024, providing guidance on the provision and posting of information on contractor selection and bidding-related dossier forms on the Vietnam National E-Procurement System, to develop Chapter V - GENERAL CONDITIONS, Chapter VI - SPECIFIC CONDITIONS, Chapter VII - CONTRACTUAL FORMS, in accordance with the Bidding Law and Decree No. 24/2024/ND-CP.

In the course of implementation, if Circular No. 06/2024/TT-BKHDT is amended, supplemented or replaced, the legal documents amending, supplementing or replacing 06/2024/TT-BKHDT shall prevail.

Note: The following terms should be changed appropriately for the use purpose:

- E-GCT changed to GCT;

- E-SCT changed to SCT;

- E-BiD changed to dossier of requirements;

- E-BD changed to dossier of proposals.

 _____________________________________________

 Requirements are prescribed depending on the bidding package’s nature. For example: meeting the requirements for materials, machinery, equipment (rented or owned by the contractor) to serve the experimental work, etc.

* Other Appendices are not translated herein.