Chapter III
CONTENTS OF BIDDING DOCUMENTS
Article 24. Preparation, submission, appraisal and approval of E-HSMQT, E-HSMST, E-HSMT
1. The procuring entity shall prepare E-HSMQT, E-HSMST, E-HSMT on the System. After preparing E-HSMQT, E-HSMST, E-HSMT, the procuring entity shall submit them to the investor for appraisal and approval of E-HSMQT, E-HSMST, E-HSMT.
2. The E-HSMT shall include all necessary information to serve as the basis for the bidder’s preparation of E-HSDT. If the procuring entity publishes E-HSMT with incomplete information (lack of design, drawings and other documents) or unclear information, causing difficulties for the bidder in preparation of E-HSDT, the E-HSMT is invalid. The investor or the procuring entity shall amend and supplement the E-HSMT accordingly and re-publish the E-HSMT.
3. In case of procurement, construction or non-consulting service package, the data sheet, criteria for evaluation of legitimacy, requirements for qualifications in E-HSMST, E-HSMT shall be digitized as a webform on the System. The investor and the procuring entity shall not attach other required files on data sheets, criteria for evaluation of legitimacy, requirements for qualifications to E-HSMST, E-HSMT. Data sheets, criteria for evaluation of legitimacy, requirements for qualifications that are not digitized as a webform will not be considered as a part of the E-HSMST, E-HSMT and the bidders are not required to meet these requirements.
4. Regarding package used for prequalification, if the bidder’s qualifications included in the E-HSDT are not consistent with those included in the application for prequalification, the bidder shall update his/her qualifications.
5. In case of E-HSMT imposing conditions that restrict the bidders’ participation or give advantage for one or multiple bidders, thereby resulting in unfair competition or violations against regulations in point k, Clause 6, Article 16 and Clause 3 Article 44 of the Law on Bidding, the procuring entity and expert group shall not reject E-HSDT failing to satisfy these conditions. If bidding documents contain any contents in breach of regulations in point k, Clause 6, Article 16 and Clause 3 Article 44 of the Law on Bidding, these contents shall be considered invalid according to Clause 4 Article 44 of the Law on Bidding and shall not be used as the basis for evaluation of bid package.
6. In case consultants are hired to perform the roles of the procuring entity and expert group, including publishing of information, preparation of the E-HSMQT, E-HSMST, E-HSMT and evaluation of E-HSQT, E-HSDST and E-HSDT, the hirer shall follow the Instruction Manual.
Article 25. Responsibilities of bidders throughout the process of participation in bidding
1. Each bidder shall be responsible for the accuracy of information declared on the webform and the attached documents throughout the process of participation in the bidding. The bidder shall enter information according to requests of E-HSMQT, E-HSMST, E-HSMT and attach documents in order to create a set of E-HSQT, E-HSDST and E-HSDT. To be specific:
a) Information about the legitimacy of E-HSDT:
Regarding bid security, the bidder shall declare information and attach a scanned copy of the bid security; Regarding electronic bid security, the bidder may choose bid security issued by a domestic credit institution or foreign bank branch established under Vietnamese laws or certificate of surety bond insurance issued by a domestic non-life insurer or branch of a foreign non-life insurer duly established under and shall store it on the System and include it on E-HSDT. Regarding a consortium bidder, all members of the consortium shall apply the same method of bid security (electronic bid security or physical bid security).
Regarding other contents: the bidder shall only declare the information on webform and is not required to attach scanned copies of relevant documents;
b) Information about qualifications:
Regarding similar contracts, capacity for production: the bidder shall declare and attach relevant documents to prove the declared information;
Regarding financial requirements, the bidder shall declare information; in case the bidder uses a credit extension commitment to prove financial resource, in addition to compulsory declaration of information, the bidder shall attach a scanned copy of credit extension commitment.
Regarding annual revenue, net asset value, from 2021 onwards, the System will automatically extract the figures on financial statements from the National Enterprise Registration Information System, the Electronic Tax System to qualification documents of the bidder.
Regarding other contents, the bidder shall only declare the information on webform and is not required to attach scanned copies of relevant documents;
Regarding figures on financial statements from 2021 onwards: in case the bidder discovers that the figures have not yet been updated on the System to be consistent with those on the Electronic Tax System from 2021 onwards, the bidder shall modify the figures in conformity with the figures reported to the tax authority. In case, the figures updated or modified by the bidder on the System are not consistent with the figures on the Electronic Tax System, thereby resulting in misleading results of contractor selection, it shall be considered fraud as prescribed in Clause 4, Article 16 of the Law on Bidding.
2. The bidder shall be responsible for studying E-HSMQT, E-HSMST, E-HSMT with regard to packages for which the bidder has submitted expression of interest (EOI) to prepare E-HSQT, E-HSDST, E-HSDT in conformity with the requirements of E-HSMQT, E-HSMST, E-HSMT. In case it is discovered that E-HSMT, E-HSMST or E-HSMT contain unclear contents causing difficulties for the bidder in preparation of E-HSQT, E-HSDST and E-HSDT, the bidder shall request the procuring entity to clarify E-HSMQT, E-HSMST and E-HSMT for the investor and the procuring entity to amend and supplement these documents accordingly.
3. The bidder shall be responsible for monitoring and updating information on the System for packages for which the bidder has submitted their bids or expression of interest (EOI). In case of any errors arising due to failure to monitor and update information on the System, resulting in disadvantages for the bidder throughout the process of participation in the bidding, including change or modification of E-HSMQT, E-HSMST, E-HSMT, time of submission of E-HSQT, E-HSDST, E-HSDT, time of clarification of E-HSQT, E-HSDST, E-HSDT, time of negotiation of contract and other contents, the bidder shall assume responsibility and suffer from disadvantages throughout the process of participation in the bidding.
4. In case the legal representative of the bidder authorizes the branch director, the director of dependent accounting subsidiary, the director of the factor and the head of another dependent accounting unit to perform the tasks throughout the process of participation in the bidding, the participation account of the bidder shall be used for participation in the bidding and the participation account of the branch, the dependent subsidiary company, the factory or the dependent accounting unit shall not be used for participation in the bidding in this case. If the participation account of the branch or the dependent subsidiary (dependent accounting unit) is used for participation in the bidding, the bidder shall be considered as ineligibility as prescribed in Clause 1, Article 5 of the Law on Bidding.
Article 26. Samples
E-HSMT must not include requests for supplying samples; in case a request for supplying samples serving technical evaluation is involved, the investor must send a proposal to a competent person for consideration and decision. In the proposal, reasons for the request for supplying samples shall be clarified. The investor and the procuring entity shall ensure that the request for samples does not increase the cost of the package, limit participation of bidders or give advantages to one or multiple bidders, causing unfair competition. In case E-HSMT includes a request for supplying samples, the bidder may supply additional samples within 05 working days after the deadline for submission of bids.
Article 27. Bid opening in case of e-selection of contractors
1. Regarding packages adopting single-stage one-envelope procedure:
The procuring entity shall open the bid and publicize the bid opening record on the System within 2 hours from the deadline for submission of bids.
2. Regarding packages adopting single-stage two-envelope procedure:
a) The procuring entity shall open E-HSDXKT and publicize the E-HSDXKT opening record on the System within 2 hours from the deadline for submission of bids;
b) After issuance of the decision on approval for the list of bidders who meet the technical requirements, the procuring entity shall publish this list on the System and attach a scanned copy of the written approval for the list of bidders who meet the technical requirements on the System After the list is successfully published, a notification will be sent to the bidders for the packages;
c) After publishing the list of bidders who meet the technical requirements, the procuring entity shall open E-HSDXTC of the bidders included in the list and publicize the E-HSDXKT opening record on the System.
Article 28. Evaluation of E-HSDT
1. Process of evaluation of E-HSDT:
a) Process 01 applied to all packages, including evaluation of the legitimacy of E-HSDT; qualification evaluation; evaluation of technical aspects; finance evaluation;
b) Process 02 applied to procurement or non-consultancy service package adopting single-stage one-envelope procedure in which E-HSDT is evaluated according to “lowest-evaluated selection” and E-HSDTs have no incentives:
According to the bid opening record, the bidders will be automatically ranked on the System, depending on the lowest bid price (the list of ranked bidders is not required to be approved in this case);
Evaluation of the legitimacy of E-HSDT of the first-ranked bidder;
Evaluation of qualifications of the first-ranked bidder;
Evaluation of technical aspects of the first-ranked bidder;
If the first-ranked bidder is considered unresponsive, the second-ranked bidder will thereafter be evaluated using the above steps.
c) Regarding packages adopting single-stage one-envelope procedure, according to E-HSDT submitted by each bidder on the System and the method of evaluating E-HSDT specified in the E-HSMT, the procuring entity may choose one of the two processes specified at Points a and b of this Clause to evaluate the E-HSDT. E-HSDT shall only be evaluated according to the process 02 if all the conditions specified at Point b of this Clause are fully satisfied.
2. In case there is only 01 bidder participating in bidding or 01 bidder eligible after the technical evaluation, it is not required to determine the evaluated price (with regard to packages applying the evaluated-price method) or combined score (with regard to packages applying the combined technique and price-based method), determine incentives and rank bidders.
3. After evaluation of the E-HSDT, the leader of the expert group shall attach a scanned copy of the E-HSDT evaluation report (signed by all members of the expert group) to the System. The leader of expert group shall be responsible for the consistency of the scanned copy of the E-HSDT evaluation report attached to the System with the physical E-HSDT evaluation report signed by the members of the expert group.
Article 29. Submission, appraisal and approval of contractor selection results
1. The procuring entity shall make a proposal according to Appendix 3 issued with this Circular and submit the proposal and the E-HSDT evaluation report to the investor for approval of contractor selection results.
2. The investor shall approve contractor selection results on the basis of the proposal, the E-HSDT evaluation report and the report on appraisal of contractor selection results.
Article 30. E-bidding for supply of drugs
1. The procuring entity shall prepare E-HSMT containing the following contents. To be specific:
a) The contents of E-HSMT on the webform shall contain Data sheet, Letter of bid, joint venture or consortium agreement (if any), Schedule of "Bid price and Table of scope of, progress in provision and technical requirements of drugs”, bid security form and bidding forms;
b) The remaining contents of the E-HSMT shall be prepared and attached by procuring entity to the System.
2. E-HSMT shall be prepared according to the webforms mentioned at Point a, Clause 1 of this Article and other relevant regulations issued by the Ministry of Health. The evaluation of the E-HSDT shall be made according to the criteria for evaluation of the E-HSDT and other requirements specified in the E-HSMT, submitted E-HSDT, documents on explanation and clarification of E-HSDT of the bidder in order to ensure that the selected contractor has qualifications and adopts feasible solutions to implement the contract package.
3. After preparing E-HSMT, the procuring entity shall print E-HSMT and submit it to the investor for appraisal and approval. The procuring entity shall be responsible for the consistency of the contents of the approved E-HSMT with those of E-HSMT on the System. In case, there is difference between the contents of the approved E-HSMT and those of E-HSMT on the System, the contents of E-HSMT on the System shall serve as the basis for preparation and evaluation of the E-HSDT.
4. E-HSMT shall be issued free of charge on the System. The procuring entity shall not issue the physical bidding documents to the bidders. If the procuring entity issues the physical bidding documents to the bidders, these physical documents do not have their legal validity recognized in order to make and evaluate bid package. The bidders shall pay fees according to regulations.
5. In case, it is necessary to revise the E-HSMT, the procuring entity shall log in and directly revise E-HSMT on the System after the contents of E-HSMT have been approved by the investor.
6. In case there is difference between the information in the attached file of E-HSMT issued on the System and the information in the webform, the information in the webform shall serve as the basis for preparation and evaluation of E-HSDT.
7. The bidder shall make the schedule of bid price according to the webform and commitment to the contents of letter of bid created by the System on the System. In case of joint venture or consortium agreement, it shall be made on the System. The remaining contents of E-HSDT shall be attached by the bidder to the System. In case there is difference between the information in the webform and the information in the attached file of E-HSDT, the information in the webform shall serve as the basis for evaluation of E-HSDT.
8. In case the regulations of this Article, Form No. 7A, Form No. 7B issued together with this Circular are not consistent with the remaining regulations of this Circular, the regulations of this Article and Form No. 7A, Form No. 7B issued together with this Circular shall be applied.
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Thông tư 01/2024/TT-BKHĐT (Bản Word)
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