Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular provides guidelines for reports on e-Bid evaluation with respect to contract packages under the scope of regulation prescribed in Article 1 of the Law on Bidding No. 43/2013/QH13 under selection of bidders on the national bidding network (hereinafter referred to as Network).
Article 2. Regulated entities
This Circular applies to organizations and individuals engaging in or involving in the preparation of reports on e-Bid evaluation with respect to contract packages under the scope of regulation prescribed in Article 1 hereof.
Article 3. Application of form of report on e-Bid evaluation and Appendices
1. Form No. 01A: to be applied to packages of non-consulting services, procurement of goods, construction works with single-stage and one-envelope bidding procedure, to be evaluated according to the process 01 prescribed in Point a Clause 6 Article 15 of the Circular No. 04/2017/TT-BKHDT.
2. Form No. 01B: to be applied to packages of non-consulting services, procurement of goods, construction works with single-stage and one-envelope bidding procedure, to be evaluated according to the process 02 prescribed in Point b Clause 6 Article 15 of the Circular No. 04/2017/TT-BKHDT.
3. Form No. 02: to be applied to packages of procurement of goods, construction works with single-stage and two-envelope bidding procedure as prescribed in Clause 1 Article 29 and Clause 1 Article 32 of the Circular No. 04/2017/TT-BKHDT.
4. Form No. 03: to be applied to packages of consulting services as prescribed in Clause 1 Article 29 and Clause 1 Article 32 of the Circular No. 04/2017/TT-BKHDT.
5. With regard to packages in a project funded by Official Development Assistance, concessional loans from an international treaty or an international agreement between Vietnam and sponsor, the report on e-Bid evaluation, if approved by the sponsor, shall be prepared using Form No. 01A, 01B, 02, and 03 issued herewith.
6. The Procuring Entity shall, according to type of package, method of selection of bidders, select suitable forms of records and requests in Appendices issued herewith as follows:
a) Appendix 1A: Form of Request of approving results of evaluation of Technical Proposal (to be used in a package with single-stage and two-envelope bidding procedure);
b) Appendix 1B: Form of Decision on approving list of bidders satisfying technical specifications (to be used in a package with single-stage and two-envelope bidding procedure);
c) Appendix 2A: Form of Request for approving the list of ranking of bidders (to be used in a package with single-stage and one-envelope bidding procedure);
d) Appendix 2B: Form of Request for approving the list of ranking of bidders (to be used in a package with single-stage and two-envelope bidding procedure);
dd) Appendix 3A: Form of Record of Negotiation of Contract (to be used in a package of non-consulting services, procurement of goods, construction works);
e) Appendix 3B: Form of Record of Negotiation of Contract (to be used in a package of consulting services);
g) Appendix 3C: Document collation result form (applied to all contract packages);
h) Appendix 4: Form of Request for approving results of Bidder selection;
i) Appendix 5: Form of Commitment.
Article 4. E-bid evaluation period
1. The E-bid evaluation period will last no longer than 45 days from the bid opening date to the date on which the Procuring Entity requests the Investor to approve the results of bidder selection. The e-Bid evaluation period exclude the period of assessment and approval, including the period of assessment of Technical Proposal evaluation applicable to the package with single-stage and two-envelope bidding procedure. In necessary cases, the Bid evaluation period may last longer than prescribed period but not exceeding 20 days and the time for performance of project is ensured.
2. With regard to a small-scale package, the e-Bid evaluation period will last no longer than 25 days from the bid opening date to the date on which the Procuring Entity requests the Investor to approve the results of bidder selection. In necessary cases, the Bid evaluation period may last longer than prescribed period but not exceeding 20 days and the time for performance of project is ensured.
Article 5. E-bid evaluation method
1. In a case where a bidder simultaneously participates in bidding of multiple packages and it is ranked first in a package and is the successful Bidder of another or other packages, the Investor or Procuring Entity shall clarify its qualifications as to technical and financial aspects during the process of negotiation and finalization of the contract.
2. As for eligibility evaluation (except for Bid Security and Joint Venture Agreement), the Network automatically evaluate it on the basis of the bidder’s commitments in the Letter of Bid. The bidder shall take responsibility for the accuracy of its commitments. If the bidder’s commitments are found untruthful, the bidder shall be presumed as fraudulent and face penalties prescribed in Clause 1 Article 122 of Decree No. 63/2014/ND-CP.
3. As for packages of non-consulting services, procurement of goods, construction works, evaluation contents related to previous contract non-fulfillment records, financial performance, annual average revenues, requirements for financial resources, experience in similar contract performance shall be automatically evaluated the Network based on the declaration of the bidder made in the webform. The bidder shall take responsibility for the accuracy of its declaration. If the bidder fails to make declaration or makes an untrue, incomplete, unresponsive declaration compared to the requirements prescribed in e-Bidding Document, the Network will evaluate the bidder as failed as to this item. As for the similar contract item, if the expert group discovers that the Network is wrong when evaluate the bidder “passed” as to that item, the expert group may re-evaluate and decide the evaluation result in this item.
4. As for financial evaluation, if the bidder fails to declare information about goods or attach documents on personnel in e-Bid as the basis for calculation of incentives, the bidder is not entitled to incentives.
Article 6. Expert group
1. An expert group shall be established by the Procuring Entity or consultancy unit (if the consultancy unit is hired to act as the Procuring Entity). Each member of the expert group must meet requirements prescribed in Article 116 of Decree No. 63/2014/ND-CP. Each member of the expert group must make and send a commitment prescribed in Appendix 5 before conducting the evaluation of e-Bids.
2. The chief of the expert group shall issue working regulations which at least contain:
a) Specific tasks assigned to each member;
b) Scheduled time to complete the e-Bid evaluation;
c) Working methods of the expert group;
d) Other necessary information.
3. The Procuring Entity shall insert the list of expert group, attach the expert group establishment decision, and working regulations of the expert group to the Network.
Article 7. Report on e-Bid evaluation
1. The Network shall automatically extract information about the contract package and collect evaluation results from evaluation forms.
2. Apart from e-Bid evaluation results, in report on e-Bid evaluation, the expert group must clarify the following:
a) Responsibilities of every member in the expert group as assigned as prescribed in Point a Clause 2 Article 6 of this Circular;
b) Actions taken when the member of expert group has opinions different from other members.
c) Reservations (if any).
Tìm kiếm
Thông tư 05/2018/TT-BKHĐT (Bản Word)
Thông tư 05/2018/TT-BKHĐT (Bản Pdf)