Chương X Nghị định 63/2014/NĐ-CP: Phân cấp trách nhiệm thẩm định, phê duyệt trong lựa chọn nhà thầu

Chapter X

DIVISION OF RESPONSIBILITY FOR ASSESSMENT AND APPROVAL FOR CONTRACTORS

Article 100. Responsibilities of Ministers; Heads of ministerial-level agencies, Governmental authorities, other central authorities; Presidents of the People’s Committees of provinces

1. Regarding the projects approved by the Prime Minister of which they are not the investors:

a) Give written opinions about the plans to select the contractors as required;

d) Perform other tasks to select the contractors with the authorization from the Prime Minister.

2. Regarding the projects approved by themselves:

a) Approve the plans to select the contractors;

b) Perform other tasks under the responsibilities of the competent persons prescribed in Clause 73 of the Law on Bidding.

3. Regarding the projects of which they are the investors:

a) Approve the invitation for bid, request for proposals;

a) Approve the selected contractors;

c) Perform other tasks under the responsibilities of the investors prescribed in Clause 74 of the Law on Bidding.

Article 101. Responsibilities of Presidents of the People’s Committees of districts and communes and Heads of other local authorities

1. Regarding the projects approved by themselves:

a) Approve the plans to select the contractors;

b) Perform other tasks under the responsibilities of the competent persons prescribed in Clause 73 of the Law on Bidding.

2. Regarding the projects of which they are the investors:

a) Approve the invitation for bid or EOI request;

a) Approve the selected contractors;

c) Perform other tasks under the responsibilities of the investors prescribed in Clause 74 of the Law on Bidding.

3. d) Perform other duties to select the contractors with the authorization from the superiors.

Article 102. Responsibilities of Board of Directors and Chiefs of enterprises

1. Regarding the projects approved by themselves:

a) Approve the plans to select the contractors;

b) Perform other tasks under the responsibilities of the competent persons prescribed in Clause 73 of the Law on Bidding.

2. Regarding the projects of which they are the investors:

a) Approve the invitation for bid or EOI request;

a) Approve the selected contractors;

c) Perform other tasks under the responsibilities of the investors prescribed in Clause 74 of the Law on Bidding and with the authorization.

Article 103. Responsibilities of Board of Directors of and Chiefs of joint ventures , joint-stock companies and legal representatives of parties to business agreements

1. Regarding the projects approved by themselves:

a) Approve the plans to select the contractors;

b) Perform other tasks under the responsibilities of the competent persons prescribed in Clause 73 of the Law on Bidding.

2. Regarding the projects of which they are the investors:

a) Approve the invitation for bid or EOI request;

a) Approve the selected contractors;

c) Perform other tasks under the responsibilities of the investors prescribed in Clause 74 of the Law on Bidding.

Article 104. Responsibilities of assessing units

1. The Ministry of Planning and Investment shall assess:

a) The plans to select the contractors within the approval authority of the Prime Minister;

b) The plans to select the contractors in special cases that are considered and decides by the Prime Minister under the regulations in Article 26 of the Law on Bidding and other cases requested by the Prime Minister.

2. The provincial Departments of Planning and Investment shall assess:

a) The plans to select the contractors regarding the projects approved by the Presidents of the People’s Committees of provinces, except for the contracts prescribed in Clause 3 this Article;

b) The EOIs, invitations for prequalification, invitation for bid, request for proposals, result of the evaluation of EOIs, applications for prequalification, result of the selection of contractors regarding the contracts of the projects of which the People’s Committees of provinces are the investors when required, except for the contracts prescribed in Clause 3 this Article.

3. The provincials Departments of Health shall evaluate the plans to select the contractors regarding the contracts for purchase of medicines and medical materials that are approved by the Presidents of the People’s Committees of provinces.

4. The authorities and organizations that is assigned by the Ministers, Heads of ministerial-level authorities, Governmental authorities, other central authorities and Chiefs of enterprises to assess:

a) The plans to select the contractors regarding the projects within the authority of the Ministers, Heads of ministerial-level authorities, Governmental authorities, other central authorities and Chiefs of enterprises;

b) The EOI requests, invitations for prequalification, invitation for bid, EOI request, result of the evaluation of EOIs, applications for prequalification, result of the selection of contractors regarding the contracts of the projects of which the Ministries, ministerial-level authorities, Governmental authorities, other central authorities and enterprises when required.

5. Divisions of districts in charge of plans and finance shall evaluate the plans to select the contracts regarding the projects within the authority of the Presidents of the People’s Committees of districts.

6. Relevant assisting bodies shall evaluate the plans to select the contractors regarding the projects within the authority of the Presidents of the People’s Committees of communes, heads of other local authorities, Boards of Directors of joint ventures, joint-stock companies and legal representatives of the parties to the business agreements.

7. b) The investors shall assign the organizations and individuals under their management to evaluate the EOI requests, invitations for prequalification, invitation for bid, EOI request, result of the evaluation of EOIs, applications for prequalification, result of the selection of contractors other than the cases prescribed in Clause 2 this Article.

In case such assigned organizations or individuals are ineligible, the investors shall appoint qualified advisory organizations to conduct assessment. In any case, the investors must be responsible for assessing the EOI requests, invitations for prequalification, invitation for bid, request for proposals, results of the evaluation of EOI response, evaluation of applications for prequalification and the selection of contractors.

Article 105. Evaluation of EOI requests, invitations of prequalification, invitation for bid, request for proposals

1. An application for evaluation and approval includes :

a) An application form for the evaluation of the EOI request, invitation for prequalification, request for proposals of the procuring entity;

b) Drafts of EOI request, invitations for prequalification, invitation for bid, request for proposals;

c) Photocopies of : Decision on approval for the project and budget estimate, Decision on approval for the plan to select the contractor;

d) Relevant document.

2. Evaluation tasks include:

a) Reviewing the documents which serve as a basis to file the EOI request, invitation for prequalification, invitation for bid, request for proposals;

b) Checking the conformity between the EOI request, invitation for prequalification, invitation for bid, request for proposals and the scope, targets of the activities, duration to carry out the project and contract; the dossier on design and budget of the contract, requirements for characters, technical parameter of the goods (if any); the minutes of the meeting between the procuring entity and the bidders in the first stage (regarding the two-stage bidding); regulations of the law on bidding and other law provisions;

c) Review different opinions (if any) of the organizations and individual filing the EOI request, invitation for prequalification, invitation for bid, request for proposals;

d) Other relevant tasks.

3. A report on evaluation includes:

a) A summary of the project and contract, legal grounds for compiling the EOI request, invitations for prequalification, invitation for bid, request for proposals;

b) Comments and opinions of assessing units about the legal grounds, adherence to the regulations of the law on bidding and other law provisions; consensus about the drafts of the EOI request, application for prequalification, invitation for bid and request for proposals;

c) Suggestions of the assessing unit for the approval for the EOI request, invitation for prequalification, invitation for bid, request for proposals; handling measures in case the EOI request, invitation for prequalification, invitation for bid, request for proposals do not comply with the regulations of the law on bidding and other law provisions; solutions to the cases in which the EOI request, invitation for prequalification, invitation for bid, request for proposals cannot be approved due to lack of information;

d) Other opinion (if any).

4. Any assessing unit can hold a meeting between the parties to deal with the remaining issues before signing the report on evaluation if necessary.

Article 106. Verification of evaluation result of EOI responses, applications for prequalification, lists of bidders meeting technical requirements, result of selection of contractors

1. General principles:

a) The evaluation result of EOI responses, applications for prequalification, result of selection of contractors must be verified before they are approved;

b) Only the result of the selection of contractor shall be verified regarding any single-stage one-envelope contract;

c) The list of bidders meeting technical requirements must be verified before it is approved regarding any single-stage two-envelope contract;

d) With regard to any two-stage one-envelope, only the result of the selection of contractor shall be verified in the second stage (there is no verification in the first stage);

dd) With regard to any two-stage two-envelope, only the list of bidders meeting technical requirements shall be verified in the first stage and only the result of the selection of contractor shall be verified in the second stage and equivalent to the adjusted technical contents compared with that of the first stage;

e) The ranked list of bidders shall not be verified before it is approved, such list shall be approved when the procuring entity requests;

g) The verifying unit may hold a meeting between the parties to remedy the remaining issues before sending the Report on verification if necessary.

2. Verification of result of the evaluation of EOI responses and applications for prequalification:

a) An application for verification and approval includes:

- A written request for the verification of the evaluation result of the EOI response and application for prequalification, of which the opinions of procuring entity about recommendations of the expert group shall be specified;

- A report on the evaluation result of the EOI response and application for prequalification;

- Photocopies of: EOI request, invitation for prequalification, record on the deadline for submitting bids and bid opening, EOI response, applications for prequalification of the bidders and other relevant documents.

b) The verification involves:

- Verifying the documents which serve as a basis for the EOI request and prequalification;

- Checking the compliance with the regulations on the deadlines during the EOI request and prequalification;

- Verifying the evaluation of the EOI responses, applications for prequalification; the compliance with the regulations of the law on bidding and other relevant law provisions during the evaluation of the EOI responses and applications for prequalification;

- Considering different opinions (if any) between the procuring entity and the expert group; among the members of the expert group;

- Other relevant tasks.

b) A report on the verification includes:

- An overview of the main contents of the project and contract, the legal grounds for the EOI request and prequalification;

- A brief summary of the process of the EOI request, prequalification and the request of the procuring entity for the evaluation result of EOI response and application for prequalification;

- Comments and opinions of the verifying unit about the legal grounds, the compliance with the regulations on bidding and other relevant law provisions; guarantee of competitiveness, impartiality and transparency during the EOI request and prequalification; consensus or different opinions about the evaluation of the EOI response and application for prequalification;

- Recommendations of the verifying unit about the evaluation result of the EOI response and application for prequalification; handling measures for noncompliance with the regulations of the law on bidding and other relevant law provisions during the EOI request and prequalification; and handling measures for the cases in which the evaluation result of the EOI response and application for prequalification can not be concluded due to lack of information;

- Other opinions (if any).

3. Verification of the lists of bidders meeting technical requirements:

a) An application for verification and approval includes:

- A written request for the approval for the list of bidders meeting technical requirements of the procuring entity, of which the opinions of the procuring entity about the recommendations of the expert group must be specified;

- A report on the evaluation result of the written technical proposal of the expert group;

- Photocopies of: invitation for bid, request for proposals, records on bid closing and bid opening, written technical proposal of the bidders and other relevant documents.

b) The verification involves:

- Verifying the evaluation of the written technical proposal; compliance with the regulations of the law on bidding and other relevant law provisions during the evaluation of such proposal;

- Considering different opinions (if any) between the procuring entity and the expert group; among the members of the expert group;

- Other relevant tasks.

b) A report on the verification includes:

- A brief summary of the process of selecting the contractor (from the announcement of invitation to bid to the submission of the verification of the list of bidders meeting the technical requirements) and the request of the procuring entity for the list of bidders meeting the technical requirements;

- Comments and opinions of the verifying unit about the legal grounds, the compliance with the regulations on bidding and other relevant law provisions; guarantee of competitiveness, impartiality and transparency during the compilation of the list of bidders meeting technical requirements; consensus or different opinions about the list of bidders meeting technical requirements; handling measures for the noncompliance with the regulations of the law on bidding an other relevant law provisions during the evaluation of the written technical proposal, handling measures for the cases in which the result of the compilation of the list of bidders meeting technical requirements cannot be concluded due to lack of information;

- Other opinions (if any).

4. Verification of the bidding result:

a) An application for verification and approval includes:

- A written request for the approval for the bidding result of the procuring entity, of which the opinion of the procuring entity about the recommendations of the expert group must be specify;

- A report on the evaluation result of the bid-envelop and written proposal of the expert group;

- A record on the negotiation of the contract;

- Photocopies of: invitation for bid, request for proposals, records on bid closing and bid opening, bid-envelop, written proposals of the bidders and other relevant documents; cases in which the list of bidders meeting technical requirements has been verified, only the record on the opening of the financial proposals and the photocopies of the financial proposals of the bidders meeting technical requirements.

b) The verification involves:

- Verifying the documents which serve as a basis for the selection of contractor;

- Checking the compliance with the regulations on the deadlines during the selection of contractor;

- Verifying the evaluation of the bid-envelopes regarding the single-stage one-envelope contract, two-stage one-envelope contract and two-stage two-envelope contract; the compliance with the regulations of the law on bidding and other relevant law provisions during the evaluation of the bid-envelopes;

- Verifying the evaluation of the financial proposals regarding the single-stage two-envelope contract; the compliance with the regulations of the law on bidding and other relevant law provisions during the evaluation of the financial proposals;

- Checking the compliance with the regulations of the law on bidding and other relevant law provisions during the negotiation of the contract; checking the conformity between the result of the contract negotiation with the bidding result, the ranked list of bidders, invitation for bid, request for proposals and the bid-envelopes and proposals of the bidders entering into the contract negotiation;

- Considering different opinions (if any) between the procuring entity and the expert group; among the members of the expert group;

- Other relevant tasks.

b) A report on the verification includes:

- A summary of the main contents of the project and contract, the legal grounds for the selection of the contractor;

- A brief summary of the selection of the contractor from the short-listing (if any) to the request for the verification and approval for the bidding result, attached with the submitted documents prescribed in Clause 2 and Clause 3 this Article;

- A brief summary of the opinion of procuring entity about the bidding result;

- Comments and opinions of the verifying unit about the legal grounds and the compliance with the regulations of the law on bidding and other relevant law provisions; the guarantee of competitiveness, impartiality and transparency and economic effectiveness during the selection of contractor; consensus or different opinions about the bidding result; handling measures for the noncompliance with the regulations of the law on bidding and other relevant law provisions during the selection of contractor; measures for cases in which the bidding result cannot be concluded due to lack of information;

- Other opinions (if any).