Chương IV Nghị định 63/2014/NĐ-CP: Quy trình đấu thầu rộng rãi, hạn chế đối với gói thầu mua sắm hàng hóa, xây lắp, hỗn hợp theo phương thức hai giai đoạn

Chapter IV

TWO-STAGE PROCEDURES FOR OPEN BIDDING AND SELECTIVE BIDDING FOR SALE CONTRACTS, CONSTRUCTION CONTRACTS, AND MIXED CONTRACTS

Section 1: TWO-STAGE ONE-EVELOPE PROCEDURES

Article 44. Preparation for the first stage of bidding

1. Depending on the scale and nature of the contract, the short-listing method may be employed to invite capable and experienced contractors that satisfy the requirements of the contract to bid for the contract. The employment of short-listing method shall be decided by a competent person, and must be specified in the bidding plan; bidders shall be short-listed in accordance with Article 22 of this Decree.

2. Making the invitation for bids in the first stage:

a) The basis for making the invitation for bids is specified in Clause 1 Article 12 of this Decree;

b) The invitation for bids in the first stage contains: summary of the project/contract; instructions on preparation and submission of bids in the first stage; technical requirements of the contract; financial requirements in order for bidders to propose their technical plans and financial plans, which are the basis for the procuring party to complete the invitation for bids at the second stage; bidders are not requested to submit their bids or take measures to ensure their participation in the bidding.

The invitation for bids must not contain any clause that restricts participation of bidders or gives advantage to certain bidders, which causes unfair competition.

3. Evaluating and approving the invitation for bids:

a) The invitation for bids must be evaluated in accordance with Article 105 of this Decree before it is approved;

b) The approval for invitation for bids must be granted in writing in accordance with the report on evaluation of the invitation for bids.

Article 45. Holding the first stage of bidding

1. a) The first stage of bid invitation shall be carried out in accordance with Clause 1 Article 26 of this Decree;

2. Issuing, adjusting, clarifying the invitation for bids:

The invitation for bids shall be issued, adjusted, and clarified in accordance with Clause 2 Article 14 of this Decree.

3. Preparing, submitting, receiving, managing, adjusting, and withdrawing bid-envelopes:

Bid-envelopes shall be prepared, submitted, received, managed, adjusted, and withdrawn in accordance with Clause 3 Article 14 of this Decree.

4. Bid opening:

a) Bid-envelopes shall be opened publicly within 01 hours from the deadline for submitting bids. Only open the bid-envelopes received by the procuring entity before the bid closing time as required by the invitation for bids in the presence of representatives of bidders during the bid opening ceremony, regardless of the presence of the bidders;

b) Bid envelops shall be opened one by one in alphabetical order as follows:

- Check the seal;

- Open the envelop, read out loud the name of the bidder, the number of original copies and photocopies, primary information in the bid form; effective date of the bid-envelope, and relevant information.

c) Bid opening record: information mentioned in Point b of this Clause must be written in the bid opening record. The bid opening record must be signed by representatives of the procuring party and bidders that attend the bid opening. The record must be sent to every bidder that attends the bid opening;

d) The representative of the procuring entity must sign the original copy of the bid form, the letter of attorney of the bidder (if any), and the partnership agreement (if any).

5. Discussion about bid-envelopes in the first stage:

While evaluating bid-envelopes in the first stage, according to requirements in the invitation for bids and proposals of bidders in the bid-envelopes, the procuring entity shall discuss with each bidder in order to clarify the technical and financial requirements of the contract, which is necessary for completion of the invitation for bids at the second stage. The procuring entity must ensure that information in bid-envelopes in the first stage of bidders is not revealed.

Article 46. Preparing, organizing the second stage of bidding

1. Making the invitation for bids in the second stage:

a) Basis for making invitation for bids:

Apart from the basis specified in Clause 1 Article 12 of this Decree, when making the invitation for bids in the second stage, it is required to refer to proposals of bidders that participate in the first stage.

b) Contents of the invitation for bids:

The invitation for bids must specify criteria for evaluating bid-envelopes, including criteria for evaluating bidders’ competence and experience (If bidders have undergone prequalification, the criteria for evaluating bidders’ experience may be omitted in the invitation for bids; however, bidders must be requested to update information about their competence), criteria for technical evaluation; criteria for determination of evaluated prices (if applied), prices, and overall evaluation criteria (in case of combination of technical and pricing evaluation) and relevant contents mentioned in Clauses 2, 3, 4, 5, 7, 8 of Article 12, and Article 24 of this Decree. The invitation for bids must not contain any clause that restricts the participation of bidders or favor certain bidders, which creates unfair competition.

2. Evaluating and approving the invitation for bids:

a) The invitation for bids must be evaluated in accordance with Article 105 of this Decree before it is approved;

b) The approval for invitation for bids must be granted in writing in accordance with the report on evaluation of the invitation for bids.

3. Holding the bidding:

a) Every bidder who has submitted the bid-envelope in the first stage shall receive the invitation for bids in the second stage. The invitation for bids in the second stage shall be issued, adjusted, and clarified in accordance with Clause 2 Article 14 of this Decree;

b) Preparing, submitting, receiving, managing, adjusting, and withdrawing bid-envelopes:

Bid-envelopes shall be prepared, submitted, received, managed, adjusted, and withdrawn in accordance with Clause 3 Article 14 of this Decree.

4. Bid opening:

Bid-envelopes shall be opened in accordance with Clause 4 Article 14 of this Decree.

Article 47. Evaluation of bid-envelopes and contract negotiation in the second stage

1. Bid-envelopes shall be evaluated in accordance with the rules in Article 15 of this Decree.

2. Bid-envelopes shall be clarified in accordance with Article 16 of this Decree.

3. Error correction and adjustment of deviations shall be carried out in accordance with Article 17 of this Decree.

4. Evaluation of bid-envelopes and contract negotiation shall be carried out in accordance with Article 18 and Article 19 of this Decree.

Article 48. Submitting, verifying, approving, and announcing contractor selection result; drafting and concluding contract

1. The result of contractor selection shall be submitted, verified, approved, and announced in accordance with Article 20 of this Decree.

2. Drafting and concluding the contract:

The contract between both parties must conform to the decision to approve the contractor selection result, the contract negotiation record, the bid-envelope, the invitation for bids, and relevant documents.

Section 2: TWO-STAGE TWO-EVELOPE PROCEDURES

Article 49. Preparation for first stage of bidding

1. Depending on the scale and nature of the contract, the short-listing method may be employed to invite capable and experienced contractors that satisfy the requirements of the contract to bid for the contract. The employment of short-listing method shall be decided by a competent person, and must be specified in the bidding plan; bidders shall be short-listed in accordance with Article 22 of this Decree.

2. Making the invitation for bids of the first stage:

a) The basis for making the invitation for bids is specified in Clause 1 Article 12 of this Decree;

b) Contents of the invitation for bids:

The invitation for bids must specify criteria for evaluating bid-envelopes, including criteria for evaluating bidders’ competence and experience (If the bidders have undergone prequalification, the criteria for evaluating bidders’ experience may be omitted in the invitation for bids; however, bidders must be requested to update info about their competence), criteria for technical evaluation; request for bidders’ financial proposals, and relevant contents mentioned in Clauses 2, 3, 4, 5, 7, 8 of Article 12, and Article 24 of this Decree. The invitation for bids must not contain any clause that restricts the participation of bidders or favor certain bidders, which creates unfair competition.

3. Evaluating and approving the invitation for bids:

a) The invitation for bids must be evaluated in accordance with Article 105 of this Decree before it is approved;

b) The approval for invitation for bids must be granted in writing in accordance with the report on evaluation of the invitation for bids.

Article 50. Holding the first stage of bidding

1. a) The first stage of bid invitation shall be carried out in accordance with Clause 1 Article 26 of this Decree.

2. Issuing, adjusting, clarifying the invitation for bids:

The invitation for bids shall be issued, adjusted, and clarified in accordance with Clause 2 Article 14 of this Decree.

3. Preparing, submitting, receiving, managing, adjusting, and withdrawing bid-envelopes:

Bid-envelopes shall be prepared, submitted, received, managed, adjusted, and withdrawn in accordance with Clause 3 Article 14 of this Decree.

4. Opening technical proposals:

Technical proposals shall be opened in accordance with Clause 4 Article 26 of this Decree. Financial proposals shall be opened in the second stage.

5. Evaluation of technical proposals:

a) Technical proposals shall be evaluated in accordance with Article 28 of this Decree.

b) While evaluating technical proposals, according to requirements in the invitation for bids and technical proposals of bidders, the procuring entity shall discuss with each bidder in order to make technical adjustment to the invitation for bids.

6. The list of bidders that meet technical requirements in the first stage must be approved in writing based on the report on verification of technical evaluation result . The procuring party must send the list of bidders that meet technical requirements to all bidders that participate in the first stage, then invite the bidders that meet technical requirements in the first stage to participate in the second stage.

Article 51. Preparing, organizing the second stage of bidding

1. Making the invitation for bids in the second stage:

a) Basis for making invitation for bids:

Apart from the basis specified in Clause 1 Article 12 of this Decree, when making the invitation for bids in the second stage, it is required to refer to the discussions with bidders that participate in the first stage;

b) Contents of the invitation for bids:

The invitation for bids in the second stage is made based on the invitation for bids in the first stage and must conform to technical adjustments agreed with bidders.

2. Evaluating and approving the invitation for bids:

a) The invitation for bids must be evaluated in accordance with Article 105 of this Decree before it is approved; only the contents related to technical adjustments compared to the invitation for bids in the first stage shall be evaluated;

b) The approval for invitation for bids must be granted in writing in accordance with the report on evaluation of the invitation for bids.

3. Issuing, adjusting, clarifying the invitation for bids:

Every bidder who satisfies technical requirements in the first stage shall receive the invitation for bids in the second stage. The invitation for bids in the second stage shall be issued, adjusted, and clarified in accordance with Clause 2 Article 14 of this Decree.

4. Preparing, submitting, receiving, managing, adjusting, and withdrawing bid-envelopes:

Bid-envelopes shall be prepared, submitted, received, managed, adjusted, and withdrawn in accordance with Clause 3 Article 14 of this Decree. A bid-envelope consists of a technical proposal and a financial proposal as requested in the invitation for bids in the second stage, which are conformable with technical adjustments.

5. Bid opening:

a) Bids shall be opened publicly within 01 hours from dead line for bid submission. Only open the bid-envelopes received by the procuring entity before the bid closing time as required by the invitation for bids in the presence of representatives of bidders during the bid opening ceremony, regardless of the presence of the bidders;

b) Bids shall be opened one by one in alphabetical order as follows:

- Request the representative of each bidder who participates in the bid opening to confirm the inclusion of letter of price reduction in their financial proposal in the first stage and the bid-envelope in the second stage;

- Check the seals of the envelopes that contain financial proposals in the first stage, financial proposals in the first stage of the bidders that participate in the second stage, and bid-envelopes of the bidders that participate in the second stage of bidding;

- Open the financial proposals in the first stage of the bidder that participate in the second stage, and open the bid-envelopes in he second stage, each of which consists of a technical proposal and a financial proposal in the second stage, which are conformable with technical adjustments;

c) Bid opening record: information mentioned in Point b of this Clause must be written in the bid opening record. The bid opening record must be signed by representatives of the procuring entity and bidders that attend the bid opening, and be sent to every bidder that participate in the second stage of bidding;

d) The representative of the procuring entity must sign the original copy of the bid form, the letter of price reduction (if any), the letter of attorney of the bidder (if any), the tender guarantee; the financial proposal, and other contents of each bid-envelope.

Article 52. Evaluation of bid-envelopes and contract negotiation in the second stage

1. Evaluation of bid-envelopes and contract negotiation in the second stage shall be carried out in accordance with Article 18 and Article 19 of this Decree. The technical contents that have been concurred with in the first stage shall not be evaluated again.

2. Every bidder who satisfies technical requirements in the second stage shall have their financial proposal evaluated. Financial evaluation shall be carried out in consideration of the bidder’s financial proposal in the first stage and financial proposal in the second stage, technical proposal in the first stage, and technical adjustments proposed by the bidder in the second stage.

Article 53. Submitting, verifying, approving, and announcing contractor selection result; drafting and concluding contract

1. The result of contractor selection shall be reported, verified, approved, and announced in accordance with Article 20 of this Decree.

2. Drafting and concluding the contract:

The contract between both parties must conform to the decision to approve the contractor selection result, the contract negotiation record, the bid-envelope, the invitation for bids, and relevant documents.

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