Chapter II
E-SELECTION OF PREFERRED BIDDERS UNDER SINGLE-STAGE AND ONE-ENVELOPE BIDDING PROCEDURE
Section 1. ORDINARY PROCEDURES FOR SELECTION OF PREFERRED BIDDERS FOR PROCUREMENTS OF NON-CONSULTING SERVICES, PROCUREMENT OF GOODS, CONSTRUCTION PROCUREMENT IN THE FORM OF COMPETITIVE BIDDING OR SHOPPING METHOD
Article 8. Detailed procedures
1. Prepare the selection:
a) Make e-Bidding Document;
b) Evaluate and approve e-Bidding Document.
2. Hold the selection:
a) Post e-ITB and issue e-Bidding Document;
b) Amend and clarify e-Bidding Document;
c) Submit e-Bid;
d) Open bids.
3. Evaluate e-Bids and rank bidders.
4. Enter into negotiation; present, evaluate, approve and publish contract award.
5. Finalize and enter into contract.
Article 9. Composition and format of e-Bidding Document
1. Composition of e-Bidding Document:
a) e-ITB;
b) Chapter I: Instructions to Bidders;
c) Chapter II: Bid Data Sheet;
d) Chapter III: Evaluation and Qualification Criteria;
dd) Chapter IV: Forms of Bidding Document and Bids;
e) Chapter V: Technical Specifications;
g) Chapter VI: General Conditions of Contract;
h) Chapter VII: Special Conditions of Contract;
i) Chapter VIII: Contract Forms.
2. Contents of Chapters I and VI are included in PDF files and posted in the System for consistent application for all kinds of procurements. The Employer shall not be required to evaluate these two Chapters when evaluating e-Bidding Document for approval.
3. Chapter II, Chapter III (including Evaluation and Qualification Criteria), Chapter IV, Chapter VII are digitized as webforms in the System.
4. Chapter III (excluding Evaluation and Qualification Criteria), Chapter V, Chapter VIII are included in MS Word, MS Excel, PDF, CAD files, or in image, compressed files, or other formats in conformity with procurement, which are enclosed and posted in the System by the Procuring Entity.
Article 10. Making, evaluating and approving e-Bidding Document
1. The Procuring Entity signs in the System, and then select corresponding item “goods”, “construction”, or “non-consulting services” to make an e-ITB and other contents of e-Bidding Document.
2. After completing the e-Bidding Document, Procuring Entity shall print and submit it to the Employer for evaluation and approval. Procuring Entity shall take responsibility for consistency between the e-Bidding Document in the System and e-Bidding Document approved by the Employer.
3. Once in need of revise the e-ITB, the Procuring Entity must sign in its account and make any revision online upon receipt of the Employer’s consent.
4. In the event of any inconsistency between the e-Bidding Document enclosed in the System by Procuring Entity and the webform, the contents in the webform shall prevail for preparation and evaluation of e-Bids.
Article 11. Post e-ITB and issue e-Bidding Document;
1. The posting of e-ITBs and issuance of e-Bidding Documents shall be applied in accordance with guidelines in the System.
2. E-Bidding Document will be delivered free of charge after it is posted in the System. The minimum period for preparation of e-Bids is 10 working days in case of procurement in form of competitive bidding and 5 working days in case of procurement in form of shopping method under normal procedures from the first date on which the e-ITB is posted in the System.
Article 12. Amendments to and clarification of e-Bidding Document
1. The procuring entity must post the decision on approval of amendment e-Bidding Document (including amendment contents) and an updated version of e-Bidding Document which has already been revised (webform and enclosed files). Amendment must be completed within at least 03 working days prior to the bid closing time provided that bidders have enough time to prepare a complete e-Bid; if not, the closing time must be extended.
2. A bidder requiring any clarification of the e-Bidding Document shall send a request to Procuring Entity through the System at least 3 working days before the bid closing time for consideration. The clarification of e-Bidding Document shall be posted in the System by Procuring Entity. Should the amendment to the e-Bidding Document be deemed necessary as a result of a clarification, procedure prescribed in Clause 1 of this Article shall apply.
3. The system must send a notification of amendment to e-Bidding Document and clarification of e-Bidding Document to the bidder who has clicked “theo dõi” ("follow") on the e-ITB page, a subsidiary page of this online System via email. It is noted that bidders are advised to frequently keep themselves updated with any correction made on the System in order to prepare correct e-Bid and meet e-Bidding Document requirements.
Article 13. Submission of e-Bid
1. Each bidder only submits a set of e-Bid in response to an e-ITB when participating in e-selection of preferred bidders. In case of joint venture, the leading JV's Party (or JV’s Party representative) or the JV’s Party member as assigned in the joint venture agreement shall submit the e-Bid.
2. Procedures for submission:
a) The bidder chooses the number of e-ITB;
b) The bidder inserts information as required by e-Bidding Document and encloses files to form a set of e-Bid. With respect to the content relating to the bidder’s qualifications, the bidder will declare it in a given webform without enclosing scans of relevant documents.
c) The bidder checks the information in e-Bid, and then click the button “cam kết” (“commit") on the letter of bid page, and submit e-Bid to the system.
3. The System notifies the bidder of whether the submission of e-Bid is successful or unsuccessful. The System will record the following information on the bidder’s submission of e-Bid: sender, recipient, sending time, sending status, number of enclosed files in the System as the basis for further settlement of motion or dispute (if any).
4. Withdrawal of e-Bid:
The bidder is entitled to withdraw e-Bid before the deadline for submission of bids. The System notifies the bidder of whether the withdrawal of e-Bid is successful or unsuccessful. The System will record the withdrawal time.
5. Re-submission of e-Bid:
After withdrawing the e-Bid as prescribed in Clause 4 of this Article, the bidder is entitled to re-submit the e-Bid in accordance with procedures prescribed in Clause 2 of this Article. If the bidder has submitted e-Bid before the Procuring Entity amends e-Bidding Document as prescribed in Article 12 of this Circular, the bidder must submit a new e-Bid in accordance with the amended e-Bidding Document.
Article 14. Bid opening
1. Upon the bid opening time, Procuring Entity shall sign in the System and choose the procurement to be opened according to number of e-ITB. Procuring Entity shall thereafter decode e-Bids of bidders.
2. The bid opening record must be published in the System, at least containing:
a) Procurement's details:
- Number of e-ITB;
- Procurement’s name;
- Procuring Entity’s name;
- Method of selection of preferred bidders;
- Type of contract;
- Bid opening completion time;
- Total participating bidders.
b) Participating bidder’s details:
- Bidder’s name;
- Bid price;
- Value and validity of Bid Security;
- Contract duration;
- Others (if any).
3. The bid opening must be completed within 2 hours from the bid closing time.
4. If there are less than 3 bidders submitting e-Bid, Procuring Entity will open bids immediately without following regulations prescribed in Clause 4 Article 117 of Decree No. 63/2014/ND-CP.
Article 15. Evaluation of e-Bid
1. Procuring Entity signs in the System and downloads e-Bids for evaluation. The evaluation of e-Bids shall be done in accordance with the Law on Bidding, Decree No. 63/2014/ND-CP and evaluation criteria mentioned in the e-Bidding Document.
2. e-Bidding Document, bid opening record, e-Bids, and clarifications of e-Bidding Document, e-Bids will serve as legal basis for evaluation of e-Bids.
3. In the event of any inconsistency between Bid Security, joint venture agreement declared in the System by the bidder and scans of bank guarantee, joint venture agreement, the texts in scans will prevail.
4. In the event of any inconsistency between files enclosed to e-Bid submitted to the System by the bidder and the webform, the contents in the webform shall prevail for evaluation of e-Bids, except for the case prescribed in Clause 3 of this Article.
5. Regarding contents of qualifications, the e-Bid will be evaluated according to bidder’s declaration in the e-Bid without requiring the bidder to enclose any file as evidence. If any untruthful information provided by the bidder is detected, the bidder will be considered committing fraud acts as prescribed in Clause 4 Article 89 of the Law on Bidding and be liable for ban from bidding for a period of 3 to 5 years as prescribed in Clause 1 Article 122 of Decree No. 63/2014/ND-CP. A bidder to be invited to enter into negotiation must submit documents justifying its qualifications and technical capacity to Procuring Entity for comparison with its corresponding declaration in the e-Bid.
6. Process of evaluation of e-Bids:
According to e-Bids submitted in the System and method of evaluation specified in e-Bidding Document, Procuring Entity will choose one of two process below:
a) Process 01: to be applied in case of “cost-based selection” and lowest-evaluated selection”
- Step 1: Evaluate if e-Bid is eligible
- Step 2: Evaluate qualifications.
- Step 3: Evaluate technical aspects.
- Step 4: Rank bidders.
b) Process 2: to be applied in case of procurement under single-stage and one-envelope bidding procedure, in which e-Bid is evaluated according to “lowest-evaluated selection” and e-Bids have no incentives:
- Step 1: Rank bidder according to the lowest bid price (without approving the list of ranked bidders prescribed in Article 16 hereof);
- Step 2: Evaluate if e-Bid of the first-ranked bidder is eligible;
- Step 3: Evaluate qualifications of the first-ranked bidder;
- Step 4: Evaluate technical aspects of the first-ranked bidder.
If the first-ranked bidder is considered unresponsive, the second-ranked will thereafter be evaluated using the above steps.
7. Clarification of e-Bid: Procuring Entity and bidders will ask for and make clarifications of e-Bid directly in the System.
8. Expert group will employ the form of evaluation report (form 1) issued together with Circular No. 23/2015/TT-BKHDT dated December 21, 2015 of the Ministry of Planning and Investment to make a report on evaluation of e-Bid.
Article 16. Approving the list of ranked bidders
With regard to the process 01 prescribed in Point a Clause 6 Article 15 of this Circular, Procuring Entity shall, according to report on evaluation of e-Bid sent by the expert group, submit the list of ranked bidders using form in Appendix 5A issued together with Circular No. 23/2015/TT-BKHDT for Employer’s approval.
Article 17. Entering into negotiation, presenting, evaluating and approving contract award
1. The negotiation of contract shall be done in accordance with Article 19 of Decree No. 63/2014/ND-CP.
2. The presentation, evaluation and approval for contract award shall be done in accordance with Article 20 of Decree No. 63/2014/ND-CP.
Article 18. Publication of the contract award, finalization and conclusion of contract
1. After the contract award is approved, Procuring Entity must publish it in the System, at least containing:
a) Procurement's details:
- Number of e-ITB;
- Procurement’s name;
- Procurement price or approved estimate (if any);
- Procuring Entity’s name;
- Method of selection of preferred bidders;
- Contract award posting completion time.
b) Information on the successful bidder:
- Bidder’s name;
- Bid price;
- Successful bid;
- Contract duration.
c) In case of procurement of goods, Procuring Entity shall publish information on every type of goods and equipment in the procurement of goods:
- Good’s name;
- Capacity;
- Functions, specifications;
- Origin;
- Unit of successful bid.
d) Decision on approval for contract award.
2. The finalization and conclusion of contract shall be done in accordance with the Law on Bidding, Decree No. 63/2014/ND-CP and relevant law provisions.
Section 2. SIMPLIFIED SHOPPING METHOD
Article 19. Composition and format of e-Bidding Document
1. Composition of e-Bidding Document:
a) Chapter I – Request for quotations;
b) Chapter II - Forms of Bidding Document and Bids;
c) Chapter III - Contract Forms.
2. Chapter I applies to procurements (procurement of goods, construction works, non-consulting services) consistently, with unchanged contents, in the form of PDF and to be posted in the System. The Employer shall not be required to approve this Chapter when considering e-Bidding Document for approval.
3. Chapter II includes forms of bidding documents and bids which are digitized as webforms in the System.
4. Chapter III includes MS Word files enclosed by Procuring Entity in the System.
Article 20. Preparation and approval for e-Bidding Document
The preparation and approval for e-Bidding Document shall be done in accordance with Article 10 hereof. The Employer shall not be required to evaluate this Chapter when evaluating e-Bidding Document for approval.
Article 21. Notification and issuance of e-Bidding Document
Notification and issuance of e-Bidding Document shall be done in accordance with Article 11 hereof. The preparation of e-Bid is within 3 working days from the first date on which e-ITB is posted in the System.
Article 22. Amendments to and clarification of e-Bidding Document, submission of e-Bid and bid opening
1. The amendments to and clarification of e-Bidding Document shall be done in accordance with Article 12 hereof.
2. The submission of e-Bid and bid opening shall be done in accordance with Article 13 and Article 14 hereof.
Article 23. Evaluating e-Bid, entering into negotiation, evaluating and approving contract award, finalizing and concluding contract
The evaluation of e-Bid, negotiation of contract, evaluation and approval for contract award shall be done in accordance with Article 59 of Decree No. 63/2014/ND-CP.
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Thông tư 04/2017/TT-BKHĐT (Bản Word)
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