Chương III Nghị định 24/2024/NĐ-CP: Quy trình đấu thầu rộng rãi, hạn chế không qua mạng đối với gói thầu mua sắm hàng hóa, xây lắp, hỗn hợp theo phương thức hai giai đoạn

Chapter III

OFFLINE LIMITED BIDDING, COMPETITIVE BIDDING FOR GOODS PROCUREMENT, CONSTRUCTION, MIXED PACKAGES UNDER TWO-STAGE METHOD

Section 1. TWO-STAGE AND ONE-ENVELOPE METHOD

Article 45. Preparation for bidding in first stage

1. Shortlisting procedure for competitive bidding and limited bidding shall comply with Article 23 of this Decree.

2. Prepare bidding documents in first stage:

a) The bidding documents are prepared in accordance with Clauses 1 and 2, Article 24 of this Decree;

b) Bidding documents in first stage include the following contents: Summary about the project and package; instructions for preparing and submitting bids in first stage; technical requirements of the package based on the approved basic design or technical specifications; technical evaluation criteria of the package.

Bidding documents must allow bidders to propose alternatives to the technical options offered in the bidding documents, without requiring them to propose corresponding bid prices and bid security for these alternatives.

3. Appraise and approve bidding documents:

a) Bidding documents must be appraised according to Article 129 of this Decree before approval;

b) Approval for bidding documents must be based on the approval report and appraisal report of bidding documents.

Article 46. Organization of bidding in first stage

1. The invitation to bid in first stage shall comply with Clause 1, Article 26 of this Decree.

2. Issue, modify and clarify bidding documents:

The issuance, modification, and clarification of the bidding documents shall comply with Clause 2, Article 26 of this Decree.

3. Prepare, submit, receive, manage, modify, withdraw bids:

Preparation, submission, receipt, management, modification, and withdrawal of bids shall comply with Clause 3, Article 26 of this Decree.

4. Bid opening:

The bid opening shall comply with Clause 4 Article 26 of this Decree.

The bid opening minutes in first stage do not include information about bid security, bid prices and discounts (if any) of bidders.

Article 47. Evaluation of technical proposals, submission of, approval for, and publicization of the list of bidders that meet the requirements of bidding documents in first stage

1. The bid evaluation principles shall comply with Article 27 of this Decree.

2. The bid clarification shall comply with Article 28 of this Decree.

3. The submission of, approval for and publicization of the list of bidders that meet the requirements of bidding documents in first stage shall comply with Article 31 of this Decree.  The list of bidders that meet the requirements of bidding documents in first stage must be posted on VNEPS no later than 5 working days from the date of approval.

Article 48. Preparation for and organization of bidding in second stage

1. Discussion about the bids in first stage:

The procuring entity invites each bidder on the list of technically-responsive bidders in first stage to clarify the contents of the technical proposal. The clarifications to the technical proposal includes requirements for technical adjustments compared to the bidder's proposal in first stage and comments on the content of the bidding documents and the alternative technical plan. The detailed clarifications are recorded by the procuring entity and each bidder in writing. The procuring entity must ensure that bids’ information in the first stage is not disclosed.

Based on the clarifications to technical proposals for each bidder, the procuring entity synthesizes and reports to the employer the contents that need to be adjusted and supplemented in terms of instructions to bidders, evaluation criteria, and technical requirements, contract conditions and other contents of the bidding documents in first stage. The employer is responsible for reviewing and deciding on adjustment and supplementations based on the proposal of the procuring entity.

2. Prepare bidding documents in second stage:

a) Grounds for preparing bidding documents:

In addition to the grounds specified in Clauses 1 and 2, Article 24 of this Decree, the bidding documents in second stage must be based on adjustment and supplementations related to instructions to bidders, evaluation criteria, and technical requirements, contract conditions and other contents of the bidding documents in first stage.

b) Contents of bidding documents:

Bidding documents  include the following contents: instructions to bidders, additional purchase options (if any); bid data sheet; evaluation criteria for the validity of bids; bidder's capacity and experience; technique; finance, trade; information about the bidder's contract performance result and the quality of similar goods used; bidding and bid forms; scope of supply, technical requirements; contract conditions and forms; documents, drawings and other contents (if any).

3. Appraise and approve bidding documents;

a) Bidding documents must be appraised according to Article 129 of this Decree before approval;

b) Approval for bidding documents must be based on the approval report and appraisal report of bidding documents.

4. Organization of bidding:

a) Bidding documents in second stage are issued to bidders in the list of bidders that meet the requirements of bidding documents in first stage.

The clarifications to the bidding documents shall comply with Clause 2, Article 26 of this Decree;

b) Prepare, submit, receive, manage, modify, withdraw bids:

Preparation, submission, receipt, management, modification, and withdrawal of bids shall comply with Clause 3, Article 26 of this Decree.

5. Bid opening:

The bid opening shall comply with Clause 4 Article 26 of this Decree.

Article 49. Evaluation of bids in second stage

1. The bid evaluation principles shall comply with Article 27 of this Decree.

2. The bid clarification shall comply with Article 28 of this Decree.

3. Error correction and deviation adjustment are carried out in accordance with Article 29 of this Decree.

4. The bid evaluation shall comply with Article 30 of this Decree.

Article 50. Negotiation, submission, appraisal of, approval for, and publication of contractor selection result, finalization, signing, and management of contract

1. The first-ranked bidder is invited by the procuring entity to negotiate the contract.

2. The contract negotiation shall comply with Article 43 of this Decree.

3. The submission, appraisal of, approval for, and publicization of contractor selection result shall comply with Article 31 of this Decree.

4. The finalization, signing, and management of contracts shall comply with Article 32 and Article 33 of this Decree.

Section 2. TWO-STAGE AND TWO-ENVELOPE METHOD

Article 51. Preparation for bidding in first stage

1. Shortlisting procedure for competitive bidding and limited bidding shall comply with Article 23 of this Decree.

2. Prepare bidding documents in first stage:

a) The bidding documents are prepared in accordance with Clauses 1 and 2, Article 24 of this Decree;

b) Bidding documents in first stage include the following contents: Summary about the project and package; instructions for preparing and submitting bids in first stage; technical requirements of the package based on the approved basic design or technical specifications; technical evaluation criteria of the package. Bidding documents must allow bidders to propose alternatives to the technical options offered in the bidding documents, without requiring them to propose corresponding bid prices and bid security for these alternatives.

3. Appraise and approve bidding documents:

a) Bidding documents must be appraised according to Article 129 of this Decree before approval;

b) Approval for bidding documents must be based on the approval report and appraisal report of bidding documents.

Article 52. Organization of bidding in first stage

1. The invitation to bid in first stage shall comply with Clause 1, Article 26 of this Decree.

2. The issuance, modification, and clarification of the bidding documents shall comply with Clause 2, Article 26 of this Decree.

3. Preparation, submission, receipt, management, modification, and withdrawal of bids shall comply with Clause 3, Article 26 of this Decree.

4. Bid opening:

a) The bid opening shall comply with Clause 4 Article 26 of this Decree;

b) The bid opening minutes in first stage do not include information about bid security, bid prices and discounts (if any) of bidders.

Article 53. Evaluation of technical proposals, submission of, approval for, and publicization of the list of bidders that meet the requirements of bidding documents in first stage

1. The bid evaluation principles shall comply with Article 27 of this Decree.

2. The bid clarification shall comply with Article 28 of this Decree.

3. The submission, appraisal of, approval for and publicization of the list of bidders that meet the requirements of bidding documents in first stage shall comply with Article 31 of this Decree.  The list of bidders that meet the requirements of bidding documents in first stage must be posted on VNEPS no later than 5 working days from the date of approval.

Article 54. Preparation for and organization of bidding in second stage

1. Discussion about the bids in first stage:

The procuring entity invites each bidder on the list of technically-responsive bidders in first stage to clarify the contents of the technical proposal. The clarifications to the technical proposal includes requirements for technical adjustments compared to the bidder's proposal in first stage and comments on the content of the bidding documents and the alternative technical plan. The detailed clarifications are recorded by the procuring entity and each bidder in writing. The procuring entity must ensure that bids’ information in the first stage is not disclosed.

Based on the clarifications to technical proposals for each bidder, the procuring entity synthesizes and reports to the employer the contents that need to be adjusted and supplemented in terms of instructions to bidders, evaluation criteria, and technical requirements, contract conditions and other contents of the bidding documents in first stage. The employer is responsible for reviewing and deciding on adjustment and supplementations based on the proposal of the procuring entity.

2. Prepare bidding documents in second stage:

a) Grounds for preparing bidding documents:

In addition to the grounds specified in Clauses 1 and 2, Article 24 of this Decree, the bidding documents in second stage must be based on adjustment and supplementations related to instructions to bidders, evaluation criteria, and technical requirements, contract conditions and other contents of the bidding documents in first stage;

b) Contents of bidding documents:

Bidding documents include the following contents: instructions to bidders, additional purchase options (if any); bid data sheet; evaluation criteria for the validity of bids; bidder's capacity and experience; technique; finance, trade; information about the bidder's contract performance result and the quality of similar goods used; bidding and bid forms; scope of supply, technical requirements; contract conditions and forms; documents, drawings and other contents (if any).

3. Appraise and approve bidding documents:

a) Bidding documents must be appraised according to Article 129 of this Decree before approval;

b) Approval for bidding documents must be based on the approval report and appraisal report of bidding documents.

4. Organization of bidding:

a) Bidding documents in second stage are issued to bidders in the list of bidders that meet the requirements of bidding documents in first stage.

The clarifications to the bidding documents shall comply with Clause 2, Article 26 of this Decree;

b) Prepare, submit, receive, manage, modify, withdraw bids: Preparation, submission, receipt, management, modification, and withdrawal of bids shall comply with Clause 3, Article 26 of this Decree. Bidders submit bids including separate technical proposals and financial proposals according to the requirements of the bidding documents in second stage, including the bid price and bid security.  Financial proposals are offered according to the main technical proposal of the bidder; if the bidder offers an alternative technical plan, it must be enclosed with the financial proposal for this alternative.

5. Open technical proposals:

The technical proposal opening shall comply with Clause 4 Article 38 of this Decree.

Article 55. Evaluation of technical proposals in second stage

1. The bid evaluation principles shall comply with Article 27 of this Decree.

2. The bid clarification shall comply with Article 28 of this Decree.

Article 56. Submission, appraisal of, and approval for  the list of technically-responsive bidders in second stage

1. The submission, appraisal of, approval for and publicization of the list of technically-responsive bidders in first stage shall comply with Clause 1 and Clause 3 Article 130 of this Decree.

2. The procuring entity shall notify and post a list of technically-responsive bidders on VNEPS no later than 5 working days from the date this list is approved and open financial proposals of these technically-responsive bidders.

Article 57. Evaluation of financial proposals in second stage

1. The bid evaluation principles shall comply with Article 27 of this Decree.

2. The bid clarification shall comply with Article 28 of this Decree.

3. Error correction and deviation adjustment are carried out in accordance with Article 29 of this Decree.

4. Principles for evaluating financial proposals comply with Article 42 of this Decree.

Article 58. Submission, appraisal of, approval for, and publication of contractor selection result, finalization, signing, and management of contract

1. The first-ranked bidder is invited by the procuring entity to negotiate the contract.

2. The contract negotiation shall comply with Article 43 of this Decree.

3. The submission, appraisal of, approval for, and publicization of contractor selection result shall comply with Article 31 of this Decree.

4. The finalization, signing, and management of contracts shall comply with Article 32 and Article 33 of this Decree.