Chương 3 Nghị định 58/2008/NĐ-CP: Sơ tuyển nhà thầu

Chapter III

PRE-QUALIFICATION OF TENDERERS

Article 13. Application of pre-qualification

1. Pre-qualification of tenderers shall be conducted in accordance with clause 1(a) of article 32 of the Law on Tendering.

2. In cases requiring application of pre-qualification of tenderers for tender packages other than those covered by clause 1 of this article, the person making the investment decision shall include his decision to hold pre-qualification in the tendering plan.

Article 14. Sequence for holding pre-qualification of tenderers

1. Preparation of pre-qualification invitation documents

The party calling for tenders shall prepare the pre-qualification invitation documents and submit them to the investor for approval. Pre-qualification invitation documents shall comprise instructions for the tender package and the following requirements applicable to tenderers:

(a) Requirements on technical capability;

(b) Requirements on financial capability;

(c) Requirements on experience.

The criterion for assessment of pre-qualification applications shall be the criterion of pass or fail which must be set out in the pre-qualification invitation documents and which must include criteria applicable to each requirement on technical capability, financial capability and experience.

For construction and installation packages and packages for selection of a general construction contractor (but not a general design contractor), the criteria for assessment of pre-qualification applications must also comply with the requirements on capability applicable to each type and level of construction works as stipulated in the Law on Construction.

2. Notice inviting pre-qualification applications

A notice inviting pre-qualification applications shall be in the standard form issued by the Ministry of Planning and Investment and must be published in three (3) consecutive editions of the Tendering Newsletter and on the tendering website; in the case of international tendering, the notice must also be published in an English newspaper which is widely circulated. After the afore-mentioned publications have been completed, a notice may also be published on other mass media. Prequalification application documents shall be provided free of charge to tenderers after ten (10) days have expired from the date of the first publication of the notice inviting pre-qualification applications and up until the deadline for submission of pre-qualification applications (pre- qualification closure).

3. Receipt and management of pre-qualification applications

The time-limit of seven (7) days shall apply for preparation of pre-qualification applications during domestic tendering and fifteen (15) days during international domestic tendering, as from the first day of issuance of the notice inviting pre- qualification applications. The party calling for tenders shall receive pre-qualification applications from tenderers and shall manage the applications in accordance with the regime for management of confidential files. Prequalification applications lodged correctly in accordance with the requirements set out in the notice inviting pre- qualification applications shall be opened publicly after the deadline for submission of such applications. Pre-qualification applications lodged after the deadline for submission shall not be opened and shall be returned unopened to tenderers by the party calling for tenders.

4. Assessment of pre-qualification applications

The party calling for tenders shall carry out an assessment of pre-qualification applications in accordance with the assessment criteria set out in the pre-qualification invitation documents.

5. Submission and approval of results of pre-qualification

The party calling for tenders shall make a submission to the investor to approve the pre- qualification results.

6. Notification of pre-qualification results

After the investor has approved the pre-qualification results, the party calling for tenders shall provide written notice of pre-qualification results to the participating tenderers in order to invite qualified tenderers to participate in tendering.