Thông tư 05/2018/TT-BKHĐT lập báo cáo đánh giá hồ sơ dự thầu - The first knowledge sharing application in Vietnam

THE MINISTRY OF
PLANNING AND INVESTMENT
——-

THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No.
05/2018/TT-BKHDT

Hanoi, December
10, 2018

CIRCULAR

ON
GUIDELINES FOR REPORTS ON BID EVALUATION CONCERNING CONTRACT PACKAGES
ASSOCIATED WITH SELECTION OF PREFERRED BIDDERS ON NATIONAL BIDDING NETWORK

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

Pursuant to Decree No. 63/2014/ND-CP dated June 26,
2014 of the Government on amendments to the Law on Bidding on selection of
preferred bidders;

Pursuant to the Government’s Decree No.
86/2017/ND-CP dated July 25, 2017 on functions, tasks, powers and
organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment
promulgates a Circular on guidelines for reports on bid evaluation concerning
contract packages associated with selection of preferred bidders on national
bidding network.

Chapter I

GENERAL PROVISIONS

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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 preferred 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.

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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.

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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.

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(028) 3930 3279

DĐ:

0906 22 99 66

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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;

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0906 22 99 66

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c) Reservations (if any).

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.

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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.

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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.

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(028) 3930 3279

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0906 22 99 66

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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.

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.

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(028) 3930 3279

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0906 22 99 66

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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.

Chapter III

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Article 14. Implementation

1. This Circular comes into force as of September
1, 2019.

2. Depending upon the actual circumstances, Public
Procurement Agency, the Ministry of Planning and Investment may revise webforms
in the Network to enable parties to engage in the e-selection of preferred
bidders, simplify procedures, enhance competitiveness, equity, transparency and
economic efficiency in bidding, and ensure the performance of state management
of bidding.

3. Ministries, ministerial agencies, Governmental
agencies, other agencies of central government, People’s Committees and
relevant organizations and individuals shall implement this Circular.
Difficulties that arise during the implementation of this Circular, Ministries,
ministerial agencies, Governmental agencies, other agencies of central
government, People’s Committees and relevant organizations and individuals
should send reports to the Ministry of Planning and Investment for further
guidance./.

MINISTER

Nguyen Chi Dung