Chương IV Nghị định 30/2015/NĐ-CP: Đấu thầu rộng rãi lựa chọn nhà đầu tư thực hiện dự án PPP nhóm C

Chapter IV

COMPETITIVE BIDDING FOR SELECITON OF INVESTORS IN PPP PROJECTS OF GROUP C

Article 45. Detailed procedures

1. Preparation for the investor selection:

a) Make the bidding documents;

b) Appraise, approve the bidding documents.

2. Organization of investor selection:

a) Invite bids;

b) Publish, adjust, clarity the bidding documents;

c) Prepare, submit, receive, manage, adjust, withdraw bid-envelopes;

d) Open technical proposals.

3. Evaluate technical proposals, including:

a) Evaluate the validity of technical proposals;

b) Evaluate technical proposals in details;

c) Approve the list of investors that satisfy technical requirements.

4. Opening and evaluating financial – commercial proposals, including:

a) Open financial – commercial proposals;

b) Inspect the validity of financial – commercial proposals;

c) Evaluate financial – commercial proposals in details and rank investors.

5. Submit, appraise, approve, and publish the investor selection result.

6. Contract negotiation, completion, and conclusion:

a) Negotiate and complete the contract;

b) Conclude the contract.

Article 46. Making the bidding documents

1. Basis for making the bidding documents:

a) The decision to approve the project proposal; project dossier, and relevant documents;

b) The pre-qualification results (if any);

c) The approved investor selection plan;

d) Relevant regulations of law and State policies.

2. Contents of the bidding documents:

a) The bidding documents must not contain any condition that restricts the participation of investors or provide advantage for one or some investors, which create unfair competition;

b) The bidding documents must contain sufficient information for investors to make their bid-envelopes, including:

- Overall information about project, including the contents and scale of the project, detailed description of the project output, and services provided when the project is completed;

- Instructions for investors including the bidding procedures and the bidding data table;

- Requirements of the project prescribed the approved project proposal, including:

+ Technical requirements: standards for project execution, required quality of construction, products or serviced provided; detailed description of technical requirements and technical norms applied to evaluation of bid-envelopes; environmental and safety requirements;

+ Financial – commercial requirements: plan for organization of investment and business; financial plan (total capital, capital structure, capital raising plan; state capital (if any); expenditures, revenues, goods/services prices; duration of capital recovery, profits); specific risk distribution requirements;

- Bid-envelope evaluation standards, including standards for evaluating investors’ experience and capacity if pre-qualification is not applied (If pre-qualification is applied, it is not required to establish standards for evaluation of investors’ capacity and experience. However, investors must be required to update information about their capacity and experience); standards for technical evaluation and financial – commercial evaluation, and corresponding evaluation methods;

- Bid forms;

- Type of the project contract, contractual conditions and the draft contract.

Article 47. Methods and standards for evaluation of bid-envelopes

The method for evaluating bid-envelopes is expressed by the evaluation standards written in the bidding documents, including:

1. Standards and methods for evaluating investors’ capacity and experience as prescribed n Point d Clause 1 Article 17 of this Decree (if pre-qualification is not applied).

2. Methods and standards for technical evaluation prescribed in Clause 1 Article 27 of this Decree.

3. Methods and standards for financial – commercial evaluation prescribed in Clause 2 Article 27 of this Decree.

Article 48. Appraising and approving the bidding documents

1. The bidding documents shall be appraised in accordance with Clause 2 Article 82 of this Decree before being approved.

2. The bidding documents shall be approved in writing according to the written request for approval and the appraisal report.

Article 49. Organization of investor selection

Investor selection shall be carried out in accordance with Section 3 Chapter III of this Decree. If pre-qualification is not applied, the publishing of bidding documents and opening of technical proposals shall be carried out as follows:

1. Bid solicitation

The bidding announcement shall be posted in accordance with Point dd Clause 1 Article 4 and Point b Clause 1 or Point a Clause 2 Article 5 of this Decree.

2. Publishing of bidding documents

The bidding documents shall be issue to investors that participate in competitive bidding. With regard to joint ventures, only one member of the joint venture shall buy the pre-qualification documents, even if the joint venture has not been established.

3. Opening of technical proposals

Technical proposals shall be opened in accordance with Article 32 of this Article, even if only one investor submits the bid-envelope.

Article 50. Evaluation of technical proposals

1. The validity of technical proposals shall be checked in accordance with Clause 1 and Clause 2 Article 36 of this Decree.

2. Evaluation of investors’ capacity and experience:

Evaluation of investors’ capacity and experience shall be carried out according to the evaluation standards set out in the bidding documents. If pre-qualification is applied, it is not required to evaluate investors’ capacity and experience. However, investors must be required to update information about their capacity and experience

3. Every investor that has a valid technical proposal and satisfactory in terms of capacity and experience shall have the technical proposal undergone detailed evaluation.

4. Detailed evaluation of technical proposals shall be carried out in accordance with Clause 4 Article 36 of this Decree.

Article 51. Appraising, approving the list of investors that satisfy technical requirements

The list of investors that satisfy technical requirements shall be appraised and approved in accordance with Article 37 of this Decree.

Article 52. Opening and evaluating financial – commercial proposals

Financial – commercial proposals shall be opened and evaluated in accordance with Article 38 and Article 39 of this Decree.

Article 53. Rules for approving successful bidder

An investor shall be considered for selection when all of the conditions below are satisfied:

1. The investor has a valid bid-envelope;

2. The investor is qualified in terms of capacity and experience;

3. The investor satisfy technical requirements;

4. The investor offers the lowest service price which does not exceed the service price determined in the approved project proposal, is conformable with regulations of law on prices, fees, and charges (if service-price-based method is applied); proposes the lowest state investment which does not exceed the state investment determined in the approved project proposal (if state-investment-based  method is applied); or offers the highest payment to state budget (if public-interest-based method is applied.)

Article 54. Submission, appraisal, approval, and publishing of investor selection result

The submission, appraisal, approval, and publishing of investor selection result shall comply with Article 42 of this Decree.

Article 55. Contract negotiation, completion, and conclusion

1. Foundations for contract negotiation and completion:

a) The investor selection result;

b) Report on evaluation of bid-envelopes;

c) The bid-envelope and clarifying documents provided by the investor (if any);

d) The bidding documents.

2. Rules for contract negotiation and completion:

a) Do not negotiate the investor's offers that are conformable with the bidding documents;

b) The contract negotiation and completion must not change fundamental contents of the bid-envelope.

3. Contents of contract negotiation and completion:

a) Negotiation of the contents that are not specific, clear, or appropriate enough, or not consistent between the bidding documents and the bid-envelope, and between inconsistency within the bid-envelope, which may lead to disputes or affect the responsibilities of parties during the contract execution;

b) Negotiation of issues that arise during the investor selection (if any) to complete details the project;

c) Negotiation of other necessary issues.

4. If the contract negotiation and completion does not succeed, the soliciting entity shall request the competent person to consider cancelling the investor selection result and inviting the investor ranked next to contract negotiation and completion.

5. The concluded contract must comply with regulations in Articles 69, 70, 71, Clauses 1, 3, 4 Article 72 of the Law on Bidding, Point a Clause 2 Article 8 of this Decree, and regulations of the Government on PPP.