Chương III Nghị định 63/2014/NĐ-CP: Quy trình đấu thầu rộng rãi, hạn chế đối với gói thầu cung cấp dịch vụ tư vấn

Chapter III

OPEN AND LIMITED BIDDING PROCESSES FOR THE CONTRACT FOR CONSULTING SERVICE SUPPLY

Section 1: BIDDERS AS ORGANIZATIONS

Article 32. Specific process

1. Pre-selection stage must include :

a) Short-listing bidders (when necessary);

b) Composing the bidding solicitation;

c) Verifying and approving the bidding documents.

2. Contractor selection stage must include :

a) Soliciting contractors ;

b) Releasing, amending and clarifying the bidding documents;

c) Preparing, submitting, receiving, managing, adjusting and withdrawing bid packages;

d) Opening technical proposals.

3. Evaluation of technical proposals must include:

a) Examining and evaluating the validation of technical proposals;

b) Evaluating details of technical proposals;

c) Approving list of bidders who prove their proper technical capability.

4. Opening and evaluating the financial proposal must include:

a) Opening financial proposals of bidders who are present in the approved list;

b) Examining and evaluating the validation of financial proposals;

c) Evaluating details of financial proposals;

d) Rating bidders.

5. Negotiating the contract.

6. Submitting, verifying, approving and publicly announcing the result of contractor selection.

7. Completing and entering into the contract.

Article 33. Short-listing

Based on the size and nature of the contract, the short-listing can be applied to select the bidder who prove their proper competence and experience as required in the contract for participation in the bidding. The application of the short-listing process shall be decided by competent persons as well as clarified in the plan for the selection of contractors.

1. In respect of the open bidding :

a) Generating the request for Expression of Interest :

- The request for EOI must include the following contents: a summary of project and contract information ; instructions on the preparation and submission of EOIs; required standards in contractor’s competence and experience which consists of requirements for the amount, capability and experience of bidding experts;

- 100-point scoring system shall be applied to set the evaluation criteria of responses to EOIs, which must stipulate that the minimum score is not lower than 60% of the total score as well as provide the specific evaluating scores for competence, experience and personnel, which must not be lower than 50% of maximum score of such contents.

b) Approving the request for EOI must be performed in writing and referred to the statements on approving and reporting the verification of the request for EOI;

c) The notification of EOI requests must comply with regulations specified in Point a Clause 1 Article 7 and Point b Clause 1 or Point a Clause 2 Article 8 of this Decree;

d) Releasing the EOI requests:

The EOI request shall be released free of charge to contractors prior to the deadline for bid submission;

dd) Receiving and managing EOIs:

Procuring entities must receive and manage EOIs according to the regulations on the secret file management till the result of EOIs is given;

e) Opening and evaluating EOIs:

- EOIs that have been submitted at the time and venue regulated in the request for EOIs shall be opened right after the deadline for bid submission. The opening of EOIs must be recorded and the record on the bid opening shall be sent to contractors who respond to these EOIs. EOIs that have arrived after the deadline for bid submission are considered ineligible to be opened, invalid and will be eliminated ;

- Evaluation of EOIs shall adhere to the evaluation standards set out in the request for EOIs. EOIs of contractors that gain evaluating scores not lower than the minimum required score shall be accepted in the short list ; any EOI that gains the highest score shall be ranked at the first position ; if there are more than 06 contractors who meet the requirements, only 06 top bidders shall be accepted to present in the short list;

g) Submitting, verifying and approving the EOI result :

- Based on the report on the evaluation result of the EOIs, procuring entities shall submit the approval of the result of EOIs which must clarify procuring entity’s opinions about the evaluation contents given by the expert group;

- The result of EOIs must be verified as prescribed in Clause 1 and Clause 2 Article 106 of this Decree prior to the approval;

- Result of EOIs must be approved in writing and referred to the statements on approving and reporting the verification result of EOIs;

- As for the short-listing, the written approval of the EOI result must comprise short-listed bidder’s name and notes (if any). In case the short-listing is failed, documents on approving the EOI result must clarify reasons for the failure to short-listing the contractors;

h) Publicly announcing the short list : The short list must be widely disseminated as prescribed in Point a Clause 1 Article 7 and Point c Clause 1 or Point b Clause 2 Article 8 of this Decree and sending notifications to contractors who have submitted their responses to EOIs.

2. In respect of the limited bidding:

a) Determining and approving the short list : The determination and approval of the short list must be carried out to minimum 03 bidders who prove their proper competence and experience to match the requirements of the contract and wish to participating in the bidding;

b) Publicly announcing the short list: after approval, the short list must be publicly announced according to regulations specified in Point d Clause 1 Article 7 and Point c Clause 1 or Point b Clause 2 Article 8 of this Decree.

3. Bidders present in the short list are not allowed to form the joint venture or consortium together to participate in the same bidding.

Article 34. Composing the bidding solicitation

1. The composition of bidding documents must adhere to regulations stated in Clause 1 Article 12 of this Decree.

2. Standards in the evaluation of bid packages comprise technical standards; identification of lowest quoted price (in case of the application of the lowest price method); identification of fixed price (in case of the application of fixed price method); identification of pricing score and overall evaluation standards (in case of the application of combined technical and price-based method). The bidding solicitation is not allowed to provide any terms and conditions to restrict bidder’s participation in the bidding or aim to give priority to one or several bidders, which causes unfair competitiveness.

3. Technical evaluation criteria: 100 or 1,000-point system shall be used for evaluation as follows:

a) Experience and competence of bidders must obtain the score accounting for 10% to 20% of total score;

b) Solution and methodology of the contract execution must obtain the score accounting for 30% to 40% of total score;

c) Personnel for the contract execution must obtain the score accounting for 50% to 60% of total score;

d) Total score proportion of the content specified in regulations stated in Point a, b, c of this Clause must equal 100%;

dd) Technical proposals are evaluated to meet the technical requirements when their technical scores are not lower than 70% (equivalent to 80% of total score in terms of the consulting contracts that set out high and particular technical criteria). Additionally, the score of each content in terms of the competence, experience, solution, methodology and personnel of bidders is not lower than 60% (equivalent to 70% applied to the consulting contracts that set out high and particular technical criteria) of the maximum score that that content can obtain.

4. The identification of lowest price (in case of the application of the lowest bid price method) shall be carried out as prescribed in Point c Clause 3 of this Decree.

5. The identification of fixed price (in case of the application of the fixed bid price method) shall be based on :

a) Determining the quoted bid price;

b) Correcting errors ;

c) Adjusting deviations ;

d) Deducting discounts (if any);

dd) Conversing the quoted bid price into a common currency (if any);

e) Identifying the winning quoted price, not exceeding the bid price that has been specified and fixed in the bidding documents.

6. Standards in the overall evaluation (in case of the application of the combined technical and price-based method) shall be set out as follows :

a) Determining the pricing score:

100 or 1,000-point scale shall be used to correspond to the technical scoring system. The pricing score shall be identified as follows:

Where:

- Pricing score _{under consideration} : The pricing score of financial proposal that has put under consideration;

- G_min : The lowest quoted bid price out of the quoted bid price of bidders of which their financial capability is specifically evaluated after error correction, deviation adjustment and discount deduction (if any);

- G _{under consideration} : The quoted bid price after error correction, deviation adjustment and discount deduction (if any), specified in the financial proposal under consideration.

b) Overall evaluation criteria:

Overall score shall be identified as follows:

Overall score _{under consideration} = K x Technical score _{under consideration} + G x Pricing score _{under consideration}

Where:

- Technical score _{under consideration} : The score identified in the technical evaluation stage;

- Pricing score _{under consideration} : The score identified in the price-based evaluation stage;

- K: The proportion of technical score regulated in the overall scoring scale that accounts for 70% to 80%;

- G: The proportion of price-based score regulated in the overall scoring scale that accounts for 20% to 30%;

- K + G= 100%.

Article 35. Verifying and approving the bidding documents

1. Bidding documents must be verified as prescribed in Article 105 of this Decree prior to the approval;

2. b) Approving bidding documents must be performed in writing and referred to the statements on approving and reporting the verification of bidding documents;

Article 36. Contractor selection

1. Soliciting contractors;

a) The notification of Invitation for Bids is applied to the case in which the short-listing is not performed and adheres to the regulations stated in Point d Clause 1 Article 7 and Point b Clause 1 or Point a Clause 2 Article 8 of this Decree;

b) Send out Invitation for Bids to contractors who are present in the short list.

2. Release, amend and clarify the bidding documents;

Releasing, amending and clarifying bidding documents must adhere to regulations specified in Clause 2 Article 14 of this Decree.

3. Prepare, submit, receive, manage, adjust and withdraw bid packages:

Preparing, submitting, receiving, managing, adjusting and withdrawing bid packages shall be implemented as prescribed in Clause 3 Article 14 of this Decree.

4. Open technical proposals:

The opening of technical proposals must adhere to regulations specified in Clause 4 Article 26 of this Decree and shall not include the content regarding the tender guarantee.

Article 37. Rules of evaluation and clarification of bid packages as well as error correction and deviation adjustment

1. The evaluation of bid packages shall comply with rules regulated in Article 15 of this Decree.

2. The clarification of bid packages must adhere to regulations specified in Article 16 of this Decree.

3. Error correction and deviation adjustment shall adhere to regulations specified in Article 17 of this Decree.

Article 38. Evaluation of technical proposals

1. a) Examining and evaluating the validation of technical proposals:

a) The examination and evaluation of the validity of technical proposal shall be implemented as prescribed in Clause 1 and Clause 2 Article 28 of this Decree, except for the content regarding the evaluation of the validity of tender guarantees;

b) Those who keep valid technical proposals shall be qualified for the next specific evaluation.

2. Evaluating details of technical proposals:

a) Evaluation of bidder’s technical capability shall adhere to the evaluation standards set out in the bidding documents;

b) Bidders who have met the technical requirements or gained the highest technical score (in case of the application of the technical method) shall be considered and their financial proposals shall be evaluated;

c) List of bidders who have met technical requirements or gained the highest technical score (in case of the application of technical method) must be approved in writing and referred to the statements on approving and reporting the verification of list of bidders who meet technical requirements. Procuring entity must announce the list of bidders who meet technical requirements or gain the highest technical score (in case of the application of the technical method) to all of participating bidders in which those who meet the technical requirements or gain the highest technical score (in case of the application of technical method) shall be invited to open their financial proposals.

Article 39. Opening and evaluating the financial proposal

1. The opening of financial proposals shall be implemented as prescribed in Clause 2 Article 29 of this Decree.

2. The evaluation of financial proposals shall be implemented as prescribed in Article 30 of this Decree.

Article 40. Negotiating the contract

1. The contract negotiation shall comply with the regulations specified in Clause 1 and Clause 2 of this Decree.

2. Rules of contract negotiation:

The bidders' proposals that satisfy the requirements of the bidding documents shall not be negotiated.

3. The content of contract negotiation:

a) Unclear and improper contents or those that cause inconsistency between bidding documents and bid packages as well as different contents of the same bid package during the contract execution;

b) Deviations that have been detected and recommendations on possible adjustment in the bid package (if any), including the proposals for changes or alternatives of bidders if bidding documents set out regulations on allowing bidders to provide the alternatives;

c) Negotiation on personnel issue:

In the course of negotiation, contractors are not allowed to change their proposed personnel, except for the case in which the evaluation of bid packages is prolonged more than the regulated time or, due to the unexpected reasons that prevent their key proposed personnel from participating in the contract, bidders are allowed to use different personnel provided that these substitutes can prove expertise, experience and capability equivalent to or better than the proposed personnel. Despite this change, bidders are not allowed to adjust their quoted bid price;

d) Any issue that arises during the selection of contractors (if any) in the aim of providing full of detailed contents given in the bid package;

dd) Any expense incurred by the provision of consulting services on the basis of satisfying the requirements set out in the bid package as well as actual conditions;

e) Other essential contents.

4. In the course of contract negotiation, negotiating parties must draft the official contract; terms and conditions of contract, annexes consisting of detailed list of workloads, price list and the implementation progress (if any).

5. In the event that the negotiation fails, procuring entities shall send reports to investors so that they can decide whether another bidder who is ranked at the second position will be invited to negotiate the contract; if the consecutive negotiation with the second bidder is not successful, procuring entities must compile report to investors for consideration or decision on the bid cancellation as prescribed in Clause 1 Article 17 of the Bidding Law.

Article 41. Submitting, verifying, approving and publicly announcing the result of contractor selection

Submitting, verifying, approving and publicly announcing the result of contractor selection shall be carried out as prescribed in Article 20 of this Decree.

Section 2: BIDDERS AS INDIVIDUALS

Article 42. Providing, submitting and approving reference terms and list of consultants of individual bidders

1. Procuring entities must provide the reference terms and draft contract for the position of consultants of individual bidders that need to be selected as well as determine the list from 03 to 05 of consultants of individual bidders that will be then submitted for approval. In case there is only one consultant of individual bidders that meet the expected requirements for the contract execution, procuring entities send a report to investors for their consideration and decision. The content of reference terms must include:

a) A concise description of projects;

b) Requirements for coverage, workload, quality and time of the contract execution;

c) Requirements for capability and expertise of the consultants;

d) Conditions and venues for the contract execution;

dd) Other essential contents (if any).

2. Consultants of bidders as individuals may include one individual consultant or a group of consultants. If the consulting party is a group of consulting experts, they must appoint their representatives to carry out transactions with procuring entities and investors.

3. Based on all documents that procuring entities submit, investors must consider and approve reference terms and list of consultants of individual bidders.

Article 43. Sending out the invitation letters and evaluating the scientific background record of consultants of individual bidders ; approving and signing the contract

1. After reference terms and list of consultants of individual bidders have been approved, procuring entities shall send out the invitation letters and reference terms to consultants of individual bidders in the list in which the deadline and address for the receipt of scientific background record must be clarified.

2. Submitting the scientific background record:

Consultants of individual bidders must prepare their scientific background records as required in the reference terms as well as technical proposals (if any) submitted to procuring entities according to the time and venue specified in the invitation letters.

3. Evaluating the scientific background record:

Based on the content mentioned in the reference terms, procuring entities must evaluate the scientific background record of each consultant of individual bidder. Individual bidder’s consultants, who have their legal status as stipulated in Clause 2 Article 5 of the Bidding Law as well as keep their best scientific background record and technical proposal (if any) in compliance with the reference terms, shall be invited to negotiate and complete the contract with procuring entities.

4. Negotiating and completing the contract.

5. Approving the result of the selection of individual bidder’s consultants must be carried out in writing and referred to the statements on approving and reporting the result of evaluating the scientific background records of individual bidder's consultants as well as the result of contract negotiation. The official contract must accord with the decision on approving the result of the selection of individual bidder's consultants, the result of contract negotiation and contents enclosed in the reference terms.