Chương II Thông tư 05/2018/TT-BKHĐT: Quy trình đánh giá E-HDST

Chapter II

E-BID EVALUATION PROCESS

Section 1. SINGLE-STAGE AND ONE-ENVELOPE PROCEDURE

Article 8. E-bid evaluation under Process 01

1. Evaluation of eligibility criteria (to be carried out in webform - online evaluation):

a) The Network shall automatically evaluate the following: bidder’s qualifications prescribed in Clause 1 Article 5 of the Law on Bidding No. 43/2013/QH13 based on the bidder’s commitment in the e-Bid and determination if the bidder has its name stated in two or more e-Bids as a prime contractor.

b) The expert group shall evaluate the eligibility criteria of the bid security and joint venture agreement according to the enclosed scan.

c) A bidder who has passed all eligibility criteria will be evaluated further concerning qualifications and experience criteria.

2. Evaluation of qualifications and experience (to be carried out in webform - online evaluation):

a) The Network will evaluate the following: previous contract non-fulfillment records, financial performance, annual average revenue, financial resources, and experience in performance of similar contracts based on information declared by the bidder in the webform in the e-Bid.

b) The expert group shall evaluate other criteria apart from those indicated in Point a of this Clause based on the information declared by the bidder in the webform in the e-Bid.

c) A bidder who has passed all qualifications and experience criteria will be evaluated further as to technical criteria.

3. Technical evaluation (not to be carried out in webform - offline evaluation):

The expert group shall evaluate technical criteria. After completing the evaluation, the expert group shall only insert the result into the webform in the Network, not insert all evaluation in the webform. The technical evaluation shall be attached in the report on evaluation.

c) A bidder who has passed technical criteria will be evaluated further as to financial criteria.

4. Financial evaluation (not to be carried out in webform - offline evaluation):

The expert group shall evaluate financial criteria. After completing the evaluation, the expert group shall only insert the result into the webform in the Network, not insert all evaluation in the webform. The financial evaluation shall be attached in the report on evaluation.

5. After completing the report on evaluation in the Network, the expert group shall print it and bear their signatures and seal (if any). According to the result of e-Bid evaluation provided by the expert group, the Procuring Entity shall submit the list of ranking of bidders for the investor's approval.

6. After the list of ranking of bidders is approved, the Procuring Entity shall invite the first-ranking bidder to enter into negotiation. During the negotiation process, the Procuring Entity shall take responsibility for collating documents provided by the bidder and declaration made in the e-Bid and make a record on the collation according to the Appendix 3C hereof. The record on collation shall be attached to the record on negotiation.

7. After collation, if the Procuring Entity recognizes that there is material deviation between the documents provided by a bidder and declaration made by that bidder in the e-Bid, resulting in a change to the e-Bid evaluation result, the Procuring Entity shall require the expert group to re-evaluate this bidder. After the expert group re-completes the report on evaluation, the Procuring Entity shall submit the list of ranking of bidders for the investor’s approval as the basis for inviting the bidder to enter into negotiation as prescribed in Clause 6 of this Article. In this case, the untruthful declaration in the e-Bid shall be considered as fraudulent as prescribed in Clause 4 Article 89 of the Law on Bidding No. 43/2013/QH13.

Article 9. E-bid evaluation under Process 02

1. According to the bid opening record in the Network, the price-based first-ranking bidder shall be evaluated under the process prescribed in Clauses 1, 2 and 3 Article 8 of this Circular.

2. If the first ranking bidder is considered responsive to all criteria prescribed in the e-Bidding Document, the Procuring Entity shall invite this bidder enter into negotiation. During the negotiation process, the Procuring Entity shall take responsibility for collating documents provided by the bidder and declaration made in the e-bid and make a record on the collation according to the Appendix 3C hereof. The record on collation shall be attached to the record on negotiation.

After collation, if the Procuring Entity recognizes that there is material deviation between the documents provided by a bidder and declaration made by that bidder in the e-bid, resulting in a change to the e-bid evaluation result, the Procuring Entity shall require the expert group to re-evaluate this bidder. In this case, the untruthful declaration in the e-bid shall be considered as fraudulent as prescribed in Clause 4 Article 89 of the Law on Bidding No. 43/2013/QH13.

3. If the first-ranking bidder is considered unresponsive to all criteria of the e-Bidding Document as prescribed in Clause 1 of this Article, the Procuring Entity shall evaluate the subsequent-ranking bidder.

Section 2. SINGLE-STAGE AND TWO-ENVELOPE PROCEDURE

Article 10. E-bid evaluation process associated with procurement of goods, construction works

1. The evaluation of e-Technical Proposal includes evaluation of eligibility; qualifications and experience; technical evaluation prescribed in Clauses 1, 2, and 3 Article 8 hereof.

2. Bidders who have passed the evaluation of e-Technical Proposal shall have their e-Financial Proposal opened. The e-Financial Proposal shall be evaluated according to the process prescribed in Clause 4 Article 8 hereof.

3. After completing the report on evaluation of e-Technical Proposal and e-Financial Proposal, the expert group shall print such report and bear signature and seal (if any). The negotiation of contract and document collation shall be carried out as prescribed in Clause 6 and Clause 7 Article 8 hereof.

Article 11. Procedures for evaluation of e-Bid associated with packages of consulting services

1. The evaluation of e-Technical Proposal includes evaluation of eligibility; technical evaluation prescribed in Clauses 1 and Clause 3 Article 8 hereof.

2. Bidders who have passed the evaluation of e-Technical Proposal shall have their e-Financial Proposal opened. The e-Financial Proposal shall be evaluated according to the process prescribed in Clause 4 Article 8 hereof.

3. After completing the report on evaluation of e-Technical Proposal and e-Financial Proposal, the expert group shall print such report and bear signature and seal (if any). The negotiation of contract and document collation shall be carried out as prescribed in Clause 6 and Clause 7 Article 8 hereof.

Section 3. E-BID CLARIFICATION, SUBMISSION, ASSESSMENT AND APPROVAL

Article 12. Clarification of e-Bids

1. After opening a Bid, the bidder is responsible for clarifying the e-Bid at the request of the Procuring Entity. The e-Bid shall be clarified directly on the Network.

2. If the Procuring Entity requests the bidder to clarify the e-Bid on the Network, but the bidder have many documents which are needed to be clarified and cannot be submitted directly on the Network, the bidder may send them to the Procuring Entity by post, in person, fax, or email within the time limit stated in the Request for Clarification of the Procuring Entity.

Article 13. Submission, assessment and approval

1. In case of a package with single-stage and one-envelope procedure:

a) If the package is evaluated under the process 01, based on the report on result of e-Bid of the expert group, the Procuring Entity shall submit the list of ranking of bidders for the investor’s approval. If there is only one bidder who has passed the financial evaluation, the list of ranking of bidders is not required to be approved.

b) If the package is evaluated under the process 02, the list of ranking of bidders is not required to be approved. The ranking of bidders shall be carried out according to the bid opening record.

c) According to the negotiation of contract, the Procuring Entity shall submit the results of bidder selection for the investor’s approval. The investor shall assess and consider approving the results of bidder selection.

2. In case of a package with single-stage and two-envelope procedure:

a) Based on the report on evaluation of technical proposal made the expert group, the Procuring Entity shall submit the list of bidders qualified for technical requirements for the investor's approval. The list of bidders qualified for technical requirements must be assessed before approval.

b) According to the report on evaluation of financial proposal provided by the expert group, the procuring entity shall submit the list of ranking of bidders for the investor's approval. If there is only one bidder who has passed the financial evaluation, the list of ranking of bidders is not required to be approved.

c) According to the negotiation of contract, the Procuring Entity shall submit the results of bidder selection for the investor’s approval. The investor shall assess and consider approving the results of bidder selection.