Chương III Nghị định 23/2024/NĐ-CP: Quy trình, thủ tục lựa chọn nhà đầu tư đối với dự án áp dụng hình thức đấu thầu rộng rãi theo phương thức hai giai đoạn một túi hồ sơ

Chapter III

INVESTOR SELECTION PROCEDURES FOR PROJECTS APPLYING COMPETITIVE BIDDING ACCORDING TO THE TWO-STAGE, ONE-ENVELOPE METHOD

Article 31. Preparation for bidding in first stage

1. The two-stage, one-envelope method is applied in the case of competitive bidding for investor selection to implement investment projects with specific requirements for economic and social development of the industry, field, locality but have not yet determined specific technical, economic, social and environmental standards as prescribed in Clause 3, Article 35 of the Law on Bidding.

2. Preparation process for bidding in first stage includes:

a) The preparation of and approval for investor selection progress timeline in accordance with Article 11 of this Decree, which determines the specific progress for each stage;

b) Disclosure of investment project information shall comply with Article 9 or Article 10 of this Decree;

c) The preparation of the Bidding document in first stage shall comply with Clause 3 of this Article;

d) The appraisal of and approval for the Bidding document in first stage shall comply with Clause 3, Article 13 of this Decree.

3. The Bidding document in first stage are prepared based on Article 12 of this Decree, including the following basic contents:

a) General information about the project, including:  project name; objectives; investment scale; investment capital; project implementation location; current status of land use and area of land for project implementation; purpose of land use; approved planning targets; project implementation deadline and progress;

b) Instructions for preparing and submitting bids in first stage;

c) Requirements pertaining to investor eligibility in accordance with Article 5 of the Law on Bidding;

d) Declaration of investor’s history of litigation resulting from contracts completed or ongoing under its execution;

dd) Preliminary ideas about the business investment plan; investment efficiency and development of the industry, field, and locality;

e) Other necessary contents (if any).

The Bidding document in first stage does not require investors to make financial proposals and furnish a bid security.

Article 32. Organization of bidding in first stage

1. The invitation to bid in first stage shall comply with Clause 1, Article 16 of this Decree.

2. The issuance, modification, and clarification of the Bidding document shall comply with Clauses 2, 3 and 4, Article 16 of this Decree.

3. Preparation, submission, receipt, management, modification, replacement, and withdrawal of bids shall comply with Article 17 of this Decree.

4. Bid opening:

a) The bid opening must be conducted publicly and begin within 2 hours from the bid submission deadline.  The record of bid opening must be sent to investors participating in the bid;

b) The representative of the procuring entity signs the original letter of bid, and the authorization letter of the investor's legal representative (if any); joint venture agreement (if any); bid security; important contents of each bid.

5. Discussion about the bid in first stage:

a) Based on the requirements specified in the Bidding document and investors' proposals in bid in the first stage, the procuring entity discusses with each investor to accurately request the business investment plan, investment efficiency in development of the industry and field of the project as a basis for completing the Bidding document in second stage;

b) Discussion about the bid in first stage must not change the content of the decision on investment guideline approval (if the project is subject to investment guideline approval) or content of the approval for investment project information (if the project is not subject to investment guideline approval);

c) The discussion result is made into a record with signatures of the representatives of the procuring entity and the bidding investors, and then sent directly to the investors.

Article 33. Preparation for and organization of bidding in second stage

1. The Bidding document in second stage is prepared based on Article 12 of this Decree and the discussion result about the Bidding document in first stage.

2. The content of the Bidding document in second stage is prepared in accordance with Clauses 1 and 2, Article 13 of this Decree.

3. The appraisal of and approval for the Bidding document in second stage shall comply with Clause 3, Article 13 of this Decree.

4. Organization of bidding:

a) The procuring entity invites investors who have submitted bids in first stage to receive the Bidding document in second stage. The issuance, modification, and clarification of the Bidding document in second stage shall comply with Clauses 2, 3 and 4, Article 16 of this Decree;

b) The preparation, submission, receipt, management, modification, replacement, and withdrawal of bids shall comply with Article 17 of this Decree;

c) The bid opening shall comply with Article 18 of this Decree.

Article 34. Evaluation of bids in second stage

1. The bid evaluation shall comply with Article 19 of this Decree.

2. The bid clarification shall comply with Article 20 of this Decree.

3. The bid evaluation in second stage shall comply with Article 21 of this Decree.

Article 35. Submission, appraisal of,  approval for, and publicization of investor selection result; negotiation, finalization, signing of contracts, publication of project contract information

1. The submission, appraisal of, approval for, and publicization of investor selection result shall comply with Article 27 and Article 28 of this Decree.

2. The negotiation, finalization, signing of contracts, publication of project contract information shall comply with Article 29 and Article 30 of this Decree.