Circular No. 23/2015/TT-BKHĐT detailing the preparation of tender evaluation reports

CIRCULAR

Detailed regulations on the preparation of tender evaluation reports

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Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;

Pursuant to Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing certain provisions of the Law on Procurement regarding the selection of contractors;

Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment hereby provides detailed regulations on the preparation of tender evaluation reports as follows:

Article 1. Scope of Regulation

This Circular specifies detailed regulations on the preparation of tender evaluation reports for tenders within the scope regulated by Article 1 of the Law on Bidding No. 43/2013/QH13.

Article 2. Applicability

This Circular applies to organizations and individuals participating in or related to the selection of contractors within the scope regulated by Article 1 of this Circular.

Article 3. Application of Tender Evaluation Report Forms and Appendices

1. For procurement packages of goods, construction, and mixed types with the bidding method being one-stage single-envelope, the preparation of tender evaluation reports shall be carried out according to Form No. 01 issued together with this Circular.

2. For procurement packages of goods, construction, and mixed types with the bidding method being one-stage double-envelope, the preparation of tender evaluation reports shall be carried out according to Form No. 02 issued together with this Circular.

3. For consultancy service procurement packages, the preparation of tender evaluation reports shall be carried out according to Form No. 03 issued together with this Circular.

4. For procurement packages involving prequalification, invitation to show interest; provision of non-consultancy services; bidding methods such as competitive bidding, direct award, and direct purchase; procurement packages with two-stage single-envelope or two-stage double-envelope bidding methods, the preparation of tender evaluation reports, interest expression documents, tender documents, and proposal documents shall be conducted based on the adaptation and modification of Forms No. 01, 02, and 03 issued together with this Circular as appropriate.

5. For procurement packages under projects using official development assistance funds or concessional loans arising from international treaties or agreements between Vietnam and sponsors, if approved by the sponsor, the preparation of tender evaluation reports and proposal documents shall follow Forms No. 01, 02, and 03 issued together with this Circular.

6. The tenderer shall base the selection of record forms and application forms in the appendices accompanying this Circular on the type of procurement package and the bidding method as follows:

a) Appendix 1: Bid Closure Record Form (if necessary);

b) Appendix 2A: Bid Opening Record Form (for procurement packages applying the one-stage single-envelope bidding method);

c) Appendix 2B: Technical Proposal Opening Record Form (for procurement packages applying the one-stage double-envelope bidding method);

d) Appendix 3A: Application for Approval of Technical Proposal Evaluation Results Record Form (for procurement packages applying the one-stage double-envelope bidding method);

đ) Appendix 3B: Decision Approving List of Contractors Meeting Technical Requirements Record Form (for procurement packages applying the one-stage double-envelope bidding method);

e) Appendix 4: Financial Proposal Opening Record Form (for procurement packages applying the one-stage double-envelope bidding method);

g) Appendix 5A: Application for Approval of Contractor Ranking List Record Form (for procurement packages applying the one-stage single-envelope bidding method);

h) Appendix 5B: Application for Approval of Contractor Ranking List Record Form (for procurement packages applying the one-stage double-envelope bidding method);

i) Appendix 6A: Contract Negotiation Record Form (for procurement packages of goods, construction, and mixed types);

k) Appendix 6B: Contract Negotiation Record Form (for consultancy service procurement packages);

l) Appendix 7: Application for Approval of Selection Results Record Form;

m) Appendix 8: Commitment Statement Form.

Article 4. Time for Evaluation of Bidding Documents

The maximum time for evaluating bidding documents is 45 days for domestic tenders and 60 days for international tenders, from the date of the tender closing deadline to the date when the tender inviter submits the results of the contractor selection to the project owner for approval. The evaluation period does not include the time for review and approval, including the time for reviewing the technical proposal evaluation results for tenders using the two-envelope method in a single-stage process. In necessary cases, the evaluation period may be extended but not more than 20 days, while ensuring the project's progress.

Article 5. Evaluation of Bidding Documents

1. The evaluation of bidding documents must comply with the provisions of the Law on Bidding No. 43/2013/QH13, Decree No. 63/2014/NĐ-CP, and the tender invitation documents.

2. In the working regulations or in the working methods of the expert team in the report on the evaluation of bidding documents, it must clearly state how to handle situations where a member of the expert team has a different opinion from the majority of other members. Members of the expert team have the right to retain their opinions.

3. In cases where a bidder participates in multiple tenders simultaneously and is ranked first in this tender while winning one or more other tenders, the project owner and the tender inviter must clarify the bidder's ability to implement the tender during the contract negotiation and completion process.

4. For tenders applying the two-envelope method in a single-stage process, the tender inviter must send a written notification about the evaluation results of the technical proposals to all participating bidders. The notification must clearly state the name of the bidder meeting the technical requirements, the reasons why other bidders did not meet the technical requirements, the time and location for opening financial proposals. Bidders who do not meet the technical requirements can send representatives to attend the financial proposal opening ceremony.

Article 6. Expert Team

1. The expert team is established by the tender inviter or the consulting unit (in cases where a consultant acts as the tender inviter). Members of the expert team must comply with the provisions of Article 116 of Decree No. 63/2014/NĐ-CP. Each member of the expert team must submit a Commitment Form according to Appendix 8 to the tender inviter before conducting the evaluation of bidding documents, proposal submissions, preliminary bidding documents, and expressions of interest.

2. If necessary, the head of the expert team issues the working regulations of the expert team, which includes the following main contents:

a) Specific assignment of tasks to each member;

b) The expected completion time for the evaluation of bidding documents;

c) Working methods of the expert team;

d) Other necessary contents.

Article 7. Submission, Review, and Approval of the Contractor Selection Results

1. For tender packages applying the one-stage one-envelope method:

Based on the expert team's report on the evaluation of bidding documents, the tender inviter submits the list of ranked bidders to the project owner for approval.

2. For tender packages applying the one-stage two-envelope method:

a) Based on the expert team's report on the evaluation of technical proposals, the tender inviter submits the list of bidders meeting the technical requirements to the project owner for approval. The list of bidders meeting the technical requirements must be reviewed before approval;

b) Based on the expert team's report on the evaluation of financial proposals, the tender inviter submits the list of ranked bidders to the project owner for approval.

3. Based on the ranking of bidders and contract negotiations, the tender inviter submits the contractor selection results to the project owner for approval. The contractor selection results must be reviewed before approval.

Article 8. Implementation organization

1. This Circular takes effect from February 15, 2016. This Circular replaces Circular No. 09/2010/TT-BKH dated April 21, 2010, issued by the Ministry of Planning and Investment detailing the preparation of reports on the evaluation of bidding documents for procurement packages of goods and construction works, and Circular No. 15/2010/TT-BKH dated June 29, 2010, issued by the Ministry of Planning and Investment detailing the preparation of reports on the evaluation of bidding documents for consultancy service procurement packages.

2. Ministries, ministerial-level agencies, government agencies, central-level agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular. During implementation, if there are difficulties, they are requested to send their opinions to the Ministry of Planning and Investment for timely guidance.