Circular No. 22/2021/TT-BGTVT stipulates the method and criteria for evaluating bidding documents to select investors for implementing dredging projects in port waters and inland waterways combined with product recovery.

CIRCULAR

Provisions on methods and criteria for evaluating tender documents to select investors for implementing dredging projects in port water areas and inland waterways combined with product recovery.

inland waterway combined with product recall

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Pursuant to the Vietnam Maritime Code dated November 25, 2015;

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004; the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to Decree No. 12/2017/ND-CPdated February 10, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 58/2017/ND-CPdated May 10, 2017 of the Government detailing certain provisions of the Vietnam Maritime Code on maritime activity management;

Pursuant to Decree No. 08/2021/ND-CPdated January 28, 2021 of the Government on inland waterway transport activity management;

Pursuant to Decree No. 159/2018/ND-CP dated November 28, 2018 of the Government on dredging activity management in port water areas and inland waterways;

Pursuant to Decree No. 25/2020/ND-CP dated February 28, 2020 of the Government detailing certain provisions of the Bidding Law on investor selection;

Pursuant to Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government detailing and guiding implementation of certain provisions of the Investment Law;

At the proposal of the Director of the Infrastructure Department, the Director of the Vietnam Maritime Administration, and the Director of the Vietnam Inland Waterway Administration;

The Minister of Transport hereby issues this Circular stipulating methods and criteria for evaluating tender documents to select investors for implementing dredging projects in port water areas and inland waterways combined with product recovery.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates certain contents regarding procedures, methods, and criteria for evaluating tender documents and proposals for selecting investors for implementing dredging projects in port water areas and inland waterways managed by the Ministry of Transport and provincial People's Committees combined with product recovery.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals participating in or related to the activity of selecting investors for implementing dredging projects in port water areas and inland waterways combined with product recovery.

Article 3. Announcement of Approved Project List and Preliminary Evaluation of Project Implementation Registration Applications

1. Within seven working days from the date of approving the feasibility study report of the project, the agency approving the feasibility study report shall organize the publication of the project list and announcement of project information on the National Public Procurement Network System, serving as the basis for determining the number of investors interested and submitting project implementation registration applications.

2. Contents of project information disclosure

2. Contents of Project Information Announcement

a) Project name; investment objectives, scale of investment; basic requirements of the project; project implementation period and schedule; project location;

b) Decision approving the feasibility study report of the project, decision approving the adjusted feasibility study report of the project (if applicable);

c) Basic requirements for the investor's capacity and experience according to the Appendix attached to this Circular;

d) Deadline for investors to submit project implementation registration applications;

e) Place to submit project implementation registration applications: submit directly at the agency approving the feasibility study report (name of the agency, address, contact phone number if necessary); in cases where the National Public Procurement Network System can handle the submission of project implementation registration applications, submit through the National Public Procurement Network System;

f) Other information (if necessary).

3. Investors are responsible for preparing and submitting project implementation registration applications in accordance with Clause 2 of this Article.

4. The project implementation registration application of the investor includes:

a) Document registering to implement the project;

b) Documents on the legal status, capacity, and experience of the investor;

c) Other relevant documents (if any).

6. Based on the results of the assessment provided for in Clause 5 of this Article, the agency approving the feasibility study report of the project decides to organize the selection of investors in accordance with the provisions of Clause 1 of Article 33 of Decree No. 159/2018/NĐ-CP dated November 28, 2018 of the Government on the management of dredging activities in port water areas and inland waterways and Article 16 of Decree No. 25/2020/NĐ-CP dated February 28, 2020 of the Government detailing and guiding the implementation of certain provisions of the Law on Bidding regarding the selection of investors (amended and supplemented at Clause 7 of Article 108 of Decree No. 31/2021/NĐ-CP dated March 26, 2021 of the Government detailing and guiding the implementation of certain provisions of the Investment Law).

Article 4. Selection of Investors to Implement the Project

1. In cases where two or more investors meet the initial requirements of capacity and experience, the tendering process to select investors shall be conducted in accordance with the open tendering form, including:

a) Preparing the investor selection process;

b) Organizing the selection of investors;

c) Evaluating technical proposal submissions; reviewing and approving the list of investors meeting the technical requirements;

d) Opening and evaluating financial-commercial proposal submissions;

đ) Submitting, reviewing, approving, and publicly announcing the results of the investor selection;

e) Negotiating, finalizing, and signing contracts.

2. In cases where there is only one registered investor who meets the initial requirements of capacity and experience, or where multiple investors have registered but only one meets these initial requirements, the procedures for approving the investor shall be carried out in accordance with the laws on investment and the following provisions:

a) The agency approving the feasibility study report of the project shall organize the preparation of the request document. The content of the request document shall be based on the amendment of the model document prescribed in Appendix IV issued together with Circular No. 06/2020/TT-BKHĐT dated September 18, 2020 of the Minister of Planning and Investment guiding the implementation of Decree No. 25/2020/NĐ-CP dated February 28, 2020 of the Government detailing and guiding the implementation of certain provisions of the Law on Bidding regarding the selection of investors (Circular No. 06/2020/TT-BKHĐT) and must include methods and criteria for assessing capacity, experience, technology, and financial-commercial aspects as prescribed in this Circular;

b) The investor prepares and submits the proposal submission in accordance with the request document;

c) Organizing the evaluation of the investor's proposal submission. During the evaluation process, the agency approving the feasibility study report of the project may invite the investor to clarify or amend and supplement necessary information in the proposal submission;

d) The investor is approved when they meet all conditions, including having a valid proposal submission; meeting the requirements of capacity and experience; meeting the technical requirements; meeting the financial-commercial requirements.

3. The works prescribed in points a, b, đ, e of Clause 1 of this Article shall be implemented in accordance with the current laws on bidding. The works prescribed in points c, d of Clause 1 of this Article shall be implemented in accordance with the provisions of this Circular.

a) The content of the tender invitation document is established based on the amendment of the model document prescribed in Appendices III and IV issued together with Circular No. 06/2020/TT-BKHĐT;

b) The tender invitation document is amended based on the model tender invitation document to ensure compliance with the provisions of the Law on Bidding, Decree No. 25/2020/NĐ-CP dated February 28, 2020 of the Government detailing and guiding the implementation of certain provisions of the Law on Bidding regarding the selection of investors, relevant laws, and the provisions of this Circular.

Article 5. Evaluation of Technical Proposal Submissions

1. Checking and evaluating the validity of technical proposal submissions: carried out in accordance with the provisions of Article 52 of Decree No. 25/2020/NĐ-CP dated February 28, 2020 of the Government detailing and guiding the implementation of certain provisions of the Law on Bidding regarding the selection of investors (amended and supplemented at Clause 12 of Article 89 of Decree No. 35/2021/NĐ-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the Law on Public-Private Partnership Investment).

2. Evaluation of Capacity and Experience

a) Based on the initial requirements of capacity and experience approved in accordance with point c of Clause 2 of this Circular, the criteria and methods for evaluating capacity and experience are updated or supplemented (if necessary);

b) The evaluation of capacity and experience is carried out according to the criteria for evaluating capacity and experience stated in the tender invitation document.

3. Evaluation of Technology

Investors with valid technical proposal submissions that meet the requirements of capacity and experience shall be considered and evaluated in detail in terms of technology. The detailed evaluation of technical proposal submissions is carried out according to the method and criteria for evaluating technology stated in the tender invitation document as follows:

a) Evaluation Method: the evaluation of technology uses a scoring method on a scale of ___[specified as 100 or 1,000]wherein the minimum level to meet the requirements is ___ % of the total points[specify the percentage value but it must not be lower than 70%]and the evaluation score for each requirement content (technical; project management; construction progress, project implementation time; dredged product recovery, environment and safety) is ___ % of the maximum points for that content[specify the percentage value but it must not be lower than 60%];     

          b) Evaluation criteria: based on the scale and nature of the project, the tenderer shall specifically stipulate the evaluation criteria regarding technical aspects according to the evaluation method applied as prescribed in point a, Clause 3 of this Article. The tenderer requires investors to explain their plans and methods for implementing the project to assess the suitability and feasibility of the investor's proposals for the following contents:

          - Technical requirements: requirements for the technical plan and technology to implement the project; requirements for construction equipment owned by the investor or the joint venture investor, which must be at least 20% of the total construction equipment of the project; requirements for human resources to carry out the project; requirements for organizational measures for construction works.

          - Requirements for project management organization: methods of organizing project management; methods of supervising the project; methods of coordination during the implementation of the project;

          - Requirements for construction progress and project implementation time;

          - Requirements for dredged product recovery: plans for using recovered products; plans for handling unrecovered dredged materials; plans for stockpiling dredged materials (if applicable);

          - Requirements for the environment and safety: must comply with the provisions of laws on environmental protection and plans to ensure traffic safety during the implementation of the project;

          - In addition to the above criteria, during the process of establishing technical evaluation criteria, the tenderer may adjust and supplement other technical criteria suitable for specific projects.

          4. Investors who meet the technical requirements shall be considered and evaluated for financial-commercial proposal submission. The review and approval of the list of investors meeting the technical requirements shall be carried out in accordance with the provisions of Article 53 of Decree No. 25/2020/NĐ-CP dated February 28, 2020 of the Government detailing certain provisions of the Law on Bidding on the selection of investors (amended and supplemented by Clause 13 of Article 89 of Decree No. 35/2021/NĐ-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the Law on Investment under the Public-Private Partnership model).

          Article 6. Evaluation of Financial-Commercial Proposals

          1. Check and evaluate the validity of the financial-commercial proposal submission in accordance with the provisions of Article 55 of Decree No. 25/2020/NĐ-CP dated February 28, 2020 of the Government detailing certain provisions of the Law on Bidding on the selection of investors (amended and supplemented by Clause 15 of Article 89 of Decree No. 35/2021/NĐ-CP dated March 29, 2021 of the Government detailing and guiding the implementation of the Law on Investment under the Public-Private Partnership model).

          2. Method and criteria for evaluation

          a) Using the comparative ranking method based on social benefit and state benefit criteria;

          b) Correction of errors and adjustments: as specifically stipulated by the tenderer in the tender documentation;

          c) As stipulated in the tender documentation, if the dredging cost of the project is less than or equal to the value of the recovered product, the investor will be proposed as the winner when they propose the highest value of the difference between the dredging cost and the value of the recovered product to be paid into the State budget (in addition to the investor's obligations to the State budget as prescribed by current laws) in the bidding documentation, and the proposed value of the recovered product is not lower than the value specified in the tender documentation;

          d) As stipulated in the tender documentation, if the dredging cost of the project exceeds the value of the recovered product, the investor will be proposed as the winner when they propose the lowest value of the difference between the dredging cost and the value of the recovered product (in addition to the investor's obligations to the State budget as prescribed by current laws) in the bidding documentation, and the proposed value of the recovered product is not lower than the value specified in the tender documentation;

          đ) In case all investors are rated equally good after evaluating the financial-commercial proposal submissions, the investor with the highest technical score will be proposed as the winner.

Chapter III

IMPLEMENTATION

          Article 7. Effective Date

          1. This Circular takes effect from December 1, 2021.

          2. Investors implementing projects selected before the effective date of this Circular shall not have to select investors again in accordance with this Circular.

          3. In case the referenced documents in this Circular are amended, supplemented, or replaced, the provisions of the amended, supplemented, or replaced documents shall apply.

          Article 8. Implementation Organization

The Head of the Ministry’s Office, the Inspector General of the Ministry, the Heads of Departments under the Ministry of Transport, the Directors of the Vietnam Maritime Administration, the Director of the Vietnam Inland Waterways Administration, the Directors of Provincial Department of Transport under centrally governed cities and provinces, and relevant agencies, organizations, and individuals are responsible for implementing this Circular./.