Thông tư 19/2015/TT-BKHĐT lập báo cáo thẩm định trong quá trình tổ chức lựa chọn nhà thầu

CIRCULAR

DETAILED REGULATIONS ON ESTABLISHMENT OF ASSESSMENT REPORT DURING CONTRACTOR SELECTION PROCESS

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

Pursuant to the Government’s Decree No. 63/2014/NĐ-CP dated June 26, 2014 detailing the implementation of a number of articles of the Law on Bidding;

Pursuant to the Government's Decree No. 116/2008/NĐ-CP dated November 14, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment promulgates the Circular detailing the establishment of assessment report during contractor selection process.

Article 1. Scope and regulated entities

1. Governing scope

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2. Regulated entities

This Circular applies to organizations and individuals participating in or involved in selection of contractors as prescribed in Clause 1, this Article.

Article 2. Specimen assessment report

1. For bid packages belonging to regular procurement plan, submission of EOI requests, prequalification document, invitation for bid, request for proposals, results of assessment of EOI response, technical proposals, prequalification application and selection of contractors shall be carried out by the units selected by the procuring entity.

2. In case of establishment of reports on assessment of EOI requests, prequalification document, Sample 01 enclosed herewith shall be applied;

3. In case of establishment of reports on assessment of invitation for bid, Sample 02 enclosed herewith shall be applied;

4. In case of establishment of reports on assessment of request for proposals, Sample 03 enclosed herewith shall be applied;

5. In case of establishment of reports on assessment of EOI response, prequalification application, Sample 04 enclosed herewith shall be applied.

6. In case of establishment of reports on assessment of selection of contractors according to One Single-Stage – One Envelop bidding procedure, Sample 05 enclosed herewith shall be applied.

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8. For bid packages belonging to projects using ODA, concessional loans arising from International Agreement between Vietnam and the sponsor, the samples enclosed herewith may be applied if approved by the sponsor or supplements and amendments can be made to meet provisions on bidding as prescribed in the International Agreement.

9. For bid packages applying online selection of contractors, this Circular shall be based on to make appropriate use.

10. For bid packages applied according to two-stage procedure, mixed packages, samples enclosed herewith may be used with some amendments in case of establishment of reports on assessment of bids (stage one), assessment of technical proposals, selection of contractors.

11. In case amendments and supplements are made to the samples enclosed herewith, the organizations or individuals carrying out the assessment should ensure such amendments and supplements are appropriate and not in opposition with the laws on bidding.

Article 3. Time of assessment

Maximum time of assessment is 20 days since the assessing organization receives submissions. For selection of contractors, in case Two-stage and One-envelop procedure is applied, time of assessment is calculated as total time for assessment of technical proposals and selection of contractors combined.

Article 4. Requirements for members participating in assessment team

1. Members of the assessment team should meet following requirements:

a) Have certificates of training in bidding, bidding practice certificate as prescribed;

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c) Have at least three years of experience in the areas assigned; for bid packages to be implemented in remote areas or severely disadvantaged areas, only one year of experience is required;

d) Have adequate English level for international bid packages;

e) Have a written commitment in the Appendix enclosed herewith;

2. Persons who are mothers, fathers, mothers-in-law, fathers-in-law, children, adopted children, daughters-in-law, sons-in-law, brothers and sisters of the individuals involved in the establishment of EOI requests, prequalification document, invitation for bid, request for proposals shall not be allowed to be involved in the assessment of such documents.

3. Persons who are mothers, fathers, mothers-in-law, fathers-in-law, children, adopted children, daughters-in-law, sons-in-law, brothers and sisters of the individuals involved in the assessment of EOI response, technical proposals, result of selection of contractors shall not be allowed to be involved in the assessment of such documents.

Article 5. Implementation

1. This Circular takes effect since January 15, 2016. This Circular supersedes Circular No. 21/2010/TT-BKH dated October 28, 2010 detailing assessment of invitation for bid, request for proposals and Circular No. 08/2010/TT-BKH dated April 21, 2010 detailing establishment of reports on assessment of bidding result.

2. Ministries, ministerial-level agencies, Governmental agencies, other central agencies, People’s committees at all levels and relevant organizations and individuals shall be responsible for executing this Circular.

Difficulties that arise during the implementation of this Circular should be reported (by relevant agencies) to the Ministry of Planning and Investment for instructions./.

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THE MINISTER




Bui Quang Vinh

APPENDIX

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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(Location and date)

COMMITMENT

- I am: ________ [Specifying name of the member of the verification team]

- Address:___________ [Specifying the address]

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Is a member participating the verification [Specifying the verification scope, e.g. Request for Expression of Interest (REOI), etc] of the package [Specifying the package’s name] included in the project [Specifying the project’s name]

I hereby commit to:

- have required capacity and experience in verification of the package under consideration and possess adequate appropriate degrees and professional certificates as regulated by the law.

- assess [Specifying the verified matter, e.g. REOI, etc] in an honest, objective, impartial manner and not be under the benefit constraint by either party. 

- take responsibility as prescribed in Article 78 of the Bidding Law No.43/2013/QH13. 

I will take legal responsibility if any violation against the aforesaid commitment is found.

(Location and date)
Committed by
[Signature and full name]

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FORM NO.01

SAMPLE REPORT ON VERIFICATION OF REOI AND PREQUALIFICATION DOCUMENTS
(Issued together with Circular No.19/2015/TT-BKHDT dated November 27, 2015 of the Ministry of Planning and Investment)

[THE VERIFICATION BODY]
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No._______(if any)

(Location and date)

REPORT ON VERIFICATION OF____

[SPECIFYING THE REOI /PREQUALIFICATION DOCUMENT]

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included in______ [Specifying the project’s name]

To:______ [Specifying the investor’s name]

- Pursuant to¹_______ [the Bidding Law No.43/2013/QH13 dated November 26 of the National Assembly];

- Pursuant to¹______ [Decree No.63/2014/ND-CP dated June 26, 2014 of the Government providing for enforcement of a number of articles of the Law on Bidding regarding selection of preferred bidder];

- Pursuant to _____ [the written document defining functions and duties of the verification body and written document stating the assignment of verification duty or consultant hiring contract];

- Pursuant to ______ [other relevant documents];

- Pursuant to the proposal of ____ [Specifying the procuring entity’s name] regarding approval for _____ [Specifying the REOI /prequalification document], draft of _____ [Specifying the REOI /prequalification document] and relevant documents provided, _____ [Specifying the verification body’s name] has carried out verification of [Specifying the REOI /prequalification document] for the package [Specifying the package’s name] included in ____ [Specifying the project’s name] from ____ [Specifying the date on which the satisfactory proposal is received] to _____ [Specifying the date on which the verification report is issued].

The results of verification of_______ [Specifying the REOI /prequalification document] of the aforesaid package are consolidated into a report containing the following items:

I. BASIC INFORMATION

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Overview of main contents of the project and the package, legal bases for compilation of the REOI /prequalification document.

2. Verification organization

This part describes the working method (team work or individual work) of the verification body during the verification and measures to take actions in case one or more than one member dissents from opinions of others.

The verification report shall be attached to the photo of certificate in bidding, practicing certificate in bidding² of members in the verification team as regulated by the law on bidding.

II. SUMMARY OF VERIFICATION CONTENTS

1. Legal bases

a) Consolidation of the results of verification of legal bases:

The results of inspection of legal bases for establishment of ____ [Specifying the REOI /prequalification document] shall be consolidated into Chart No.01 below:

Chart No.1

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Item

Inspection results

Yes

Not available

[1]

[2]

[3]

1

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- Decision on approval for the adjusted project (if any)

2

- Decision on approval for the selection of preferred bidder plan

- Decision on approval for the adjusted plan on selection preferred bidder (if any)

3

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4

Other relevant legal documents (if any)

Notes:

- Column [2]: Mark “X” onto the boxes corresponding to specific documents specified in column [1] received by the verification body;

- Column [3]: Mark “X” onto the boxes corresponding to specific documents specified in column [1] that the verification body has not received (after it has requested supplementary documents)

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Based on the provided documents and the verification results consolidated in Chart No. 01, the verification body gives comments on legal bases for establishment of the REOI/prequalification document and necessary notes (if any).

2. Contents of ______ [Specifying the REOI/prequalification document]

a) Consolidation of the results of verification of contents _____ [Specifying the REOI /prequalification document]

The results of verification of contents of ____ [Specifying the REOI/prequalification document] shall be consolidated into Chart No.02 below:

Chart No.02

Item

 Verification result

Compliant

Non-compliant

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[2]

[3]

Requirements applied for REOI/prequalification process

Standards for assessment of the EOI response/prequalification application

Forms

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Notes:

- Column [2]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of inspection of each item is compliant with the regulations on the law on bidding and relevant law; consistent with the approved project or plan on selection of preferred bidder , nature and requirements of the package.

- Column [3]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of inspection of each item is not compliant with the regulations on the law on bidding and relevant law provisions or inconsistent with the approved project or plan on selection of preferred bidder, nature and requirements of the package.  In point b of this clause, clearly indicate which section, article, clause or point is compliant or non-compliant with law provisions.

b) Verification opinions on contents of ____ [Specifying the REOI/prequalification document]

Based upon the provided documents and verification results consolidated in Chart No. 02, the verification body gives comments on contents of the EOI request/prequalification document upon law provisions on bidding and relevant law provisions, the approved project/plan on selection of preferred bidder, nature and requirements of the package and necessary notes (if any).  In case the REOI/prequalification document specifies regulations upon other relevant law provisions, the verification body shall give comments on such regulations to see whether the aforesaid regulations place any restriction on the bidder's participation.  If there is any restriction on bidder's participation, the verification body shall give recommendations as prescribed in Point b Clause 2 Section III.

As for items provided in standards for assessment of EOI responses/prequalification applications, the verification body shall give comments on compliance with contents of the package based upon:

- material and information about the survey into the market in terms of ability to supply goods or provide services relating to the package conducted by the entity making the REOI/prequalification document or the procuring entity.

- the logic of criteria for assessment of EOI responses/prequalification applications in an objective, impartial and transparent manner.

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3. Dissenting opinions and reservations of individuals participating in establishment of ____ [Specifying the REOI/prequalification document] (if any)

a) Consolidation of dissenting opinions and reservations of individuals participating in establishment of _____ [Specifying the REOI/prequalification document] (if any)

This part describes the dissenting opinions and reservations of individuals participating in establishment of the REOI/prequalification document (if any).

b) Verification of dissenting opinions reservations of individuals participating in establishment of _____ [Specifying the REOI/prequalification document] (if any)

This section indicates comments on dissenting opinions and reservations mentioned above given by the verification body and necessary notes. 

III. COMMENTS AND RECOMMENDATIONS

1. Comments on contents of______ [Specifying the REOI/prequalification document]

Based upon comments on specific items of the REOI/prequalification document mentioned above, the verification body gives general comments on draft REOI/prequalification document.  This part provides unanimous or divided opinions on contents of the REOI/prequalification document.  Explanation is required in case of dissenting opinions.

This part describes retained opinions of members of the verification team during verification of the draft REOI/prequalification document. (if any)

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a) In case the draft REOI/prequalification document is consistent with law provisions on bidding and relevant law provisions and satisfies specified requirements, the verification body shall send a recommendation to the investor, including the following items:

Pursuant to the request from ____ [Specifying the procuring entity’s name] for approval for _____ [Specifying the REOI/prequalification document], the draft _____ [Specifying the REOI/prequalification document] and contents of this verification report, _____ [Specifying the verification body’s name] grants approval for______ [Specifying the EOI request/prequalification document] for the package [Specifying the package’s name] included in ____ [Specifying the project’s name].

b) In case the verification body fails to concur with contents of the REOI/prequalification document, such body shall send proposals of following actions to ensure compliance with provisions of the law on bidding and other relevant law provisions with the aim of speeding up the implementation of the package and the project to the investor for consideration and approval purpose.

This verification report is prepared by ________ [Specifying full name and signature of each member of the verification team].

[LEGAL REPRESENTATIVE OF THE VERIFICATION BODY]
[Name, position, full name and seal (if any]

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² This item is only applicable to the case in which the Ministry of Planning and Investment gives written guidance on the practicing certificate in bidding.

APPENDIX

LISTS OF DOCUMENTS NECESSARY FOR VERIFICATION OF REOI/PREQUALIFICATION DOCUMENTS

List documents received by the verification body (after provision of additional document is required) necessary for verification of REOI/prequalification documents.

FORM NO.02

SAMPLE REPORT ON VERIFICATION OF BIDDING DOCUMENTS
(Issued together with Circular No.19/2015/TT-BKHDT dated November 27, 2015 of the Ministry of Planning and Investment)

[THE VERIFICATION BODY]
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No._______(if any)

(Location and date)

REPORT ON VERIFICATION OF BIDDING DOCUMENTS

Package_____ [Specifying the package’s name]

included in______ [Specifying the project's name]

To:______ [Specifying the investor’s name]

- Pursuant to¹_______ [the Law on Bidding No.43/2013/QH13 dated November 26 of the National Assembly];

- Pursuant to¹______ [Decree No.63/2014/ND-CP dated June 26, 2014 of the Government providing for enforcement of a number of articles of the Law on Bidding regarding selection of preferred bidder];

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- Pursuant to ______ [other relevant documents];

- Pursuant to the proposal of ____ [Specifying the procuring entity’s name] regarding approval for the bidding document, draft bidding document and relevant documents provided, _____ [Specifying the verification body’s name] has carried out verification of the bidding document for ______ [Specifying the package’s name] included in ____ [Specifying the project’s name] from ____ [Specifying the date on which the satisfactory bidding document is received] to _____ [Specifying the date on which the verification report is issued].

The results of verification of the bidding document mentioned above are consolidated into a report containing the following items:

I. BASIC INFORMATION

1. Overview of the project and the package

Overview of main contents of the project and the package and legal bases for establishment of the bidding document

2. Verification organization

This part describes the working method (team work or individual work) of the verification body during the verification and measures to take actions in case one or more than one member dissents from opinions of others.

The verification report shall be attached to the photo of certificate in bidding, practicing certificate in bidding² of members in the verification team as regulated by the law on bidding.

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1. Legal bases

a) Consolidation of the results of verification of legal bases:

The results of inspection of legal bases for establishment of the bidding document shall be consolidated into Chart No.01 below:

Chart No.01

No.

Item

Inspection result

Yes

Not available

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[1]

[2]

[3]

1

- Decision on approval for the project or Decision of the head of the investor or the head of the entity authorized to make preparations for the project (applicable if the investor of the mentioned package has not yet been defined before receipt of the decision on approval for the project)

- Decision on approval for the adjusted project (if any)

2

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- Decision on approval for the adjusted plan on selection of preferred bidder (if any)

3

Loan agreements or contracts (if any)

4

- Design document associated with the cost estimate for the contract for construction or requirements for characteristics and specifications of goods (if any) applied to the contract for procurement of goods or reference provisions for the contract for procurement of consulting services

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Other relevant legal documents (if any) _______ [Specifying other relevant legal documents, e.g. the record of conversation between the procuring party and the bidders participating in stage 1 when assessing the bidding documents in stage 2 for the package under two-stage bidding procedure, etc]

Notes:

- Column [2]: Mark “X” onto the boxes corresponding to specific documents specified in column [1] received by the verification entity;

- Column [3]: Mark “X” onto the boxes corresponding to specific documents specified in column [1] that the verification body has not received (after provision of additional documents is required.)

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Based on the provided documents and the verification results consolidated in Chart No. 01, the verification body gives comments on legal bases for establishment of the bidding document and necessary notes (if any).

2. Contents of the bidding document

a) Consolidation of results of verification of contents of the bidding document:

The results of verification of contents of the bidding document are consolidated into³:

- Chart No.02A (applied to verification of (1) bidding documents for contracts for procurement of goods, construction and mixed contracts under single-stage one-envelope bidding procedure and two-envelope bidding procedure; (2) bidding documents of stage 2 for contracts for procurement of goods, construction under two-stage one-envelope bidding procedure; (3) bidding documents of stage 1for contracts for procurement of goods, construction and mixed contracts under two-stage two-envelope bidding procedure;

- Chart No.02B (applied to verification of bidding documents for contracts for procurement of consulting services);

- Chart No.02C (applied to verification of bidding documents at stage 1 for contracts for procurement of goods, construction and mixed contracts under two-stage two-envelope bidding procedure);

- Chart No.02D (applied to verification of bidding documents at stage 2 for contracts for procurement of goods, construction and mixed contracts under two-stage two-envelope bidding procedure);

Chart No.02A

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Verification result

Compliant

Non-compliant

[1]

[2]

[3]

Part 1. Bidding procedures

- Instructions to bidders

- Bidding data sheet

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- Form of bid

Part 2.

Requirements for construction (applied to contracts of construction)

Requirements for supply (applied to contracts for procurement of non-consulting services and goods)

Requirements applied to contract package (for mixed contracts)

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- General conditions of the contract

- Particular conditions of the contract

- Contract forms

Chart No.02B

Item

Verification result

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Non-compliant

[1]

[2]

[3]

Part 1. Instructions to bidders

- Requirements for the bidding procedure

- Bidding data sheet

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- Form of bid

Part 2. Form of technical proposal

Part 3. Form of financial proposal

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Part 4. Reference provisions

Part 5. Requirements of the contract

- General conditions of the contract

- Particular conditions of the contract

- Contract forms

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Item

Verification result

Compliant

Non-compliant

[1]

[2]

[3]

Summary of the project and the package

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Instructions on preparation and submission of the bid at stage 1

Ideas for requirements for technical plan applied to the package; requirements for financial and commercial plan

Chart No.02D

Item

Verification result

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Non-compliant

[1]

[2]

[3]

Contents of amendments to the bidding document at stage 1

Notes:

The aforementioned charts shall be filled in as follows:

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- Column [3]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of inspection of each item is not compliant with regulations of the law on bidding and relevant law provisions or inconsistent with the approved project or plan on selection of preferred bidder, nature and requirements of the package.  In point b of this clause, clearly indicate which section, article, clause or point is compliant or non-compliant with law provisions.

b) Verification opinions on contents of the bidding document:

Based upon the provided documents and verification results consolidated in Chart No. 02A, 02B, 02C or 02D, the verification body gives comments on contents of the bidding document upon provisions of the law on bidding and relevant law provisions, the approved project/plan on selection of preferred bidder, nature and requirements of the package and necessary notes (if any).  In case the bidding document indicates regulations upon other relevant law provisions, the verification body shall give comments on such regulations to see whether the aforesaid regulations place any restriction on the bidder's participation.  If any restriction on the bidder's participation is found, the verification body shall give proposals and recommendations as prescribed in Point b Clause 2 Section III.

As for items provided in standards for assessment of the bidding document, the verification body shall give comments on compliance with contents of the contract package based upon:

- material and information about the survey into the market in terms of ability to supply goods or provide services relating to the package conducted by the entity compositing the bidding document or the procuring entity.

- the logic of standards for assessment of bidding documents in an objective, impartial and transparent manner.

With regard to contents of the bidding document which is assessed not compliant or required to be amended or completed, the verification body gives a representation on reasons for such non-compliance or insufficiency and measures to be adopted to ensure compliance with the law on bidding and the bidding objective in terms of competition, impartiality, transparency and efficiency in economy.  Clearly indicate the section, article, clause or point that is non-compliant or inconsistent with the law on bidding.

3. Dissenting opinions and reservations of individuals participating in compilation of the bidding document (if any)

a) Consolidation of dissenting opinions and reservations of individuals participating in compilation of the bidding document (if any):

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b) Verification of dissenting opinions and reservations of individuals participating in compilation of the bidding document (if any):

This part provides comments on dissenting opinions and reservations mentioned above given by the verification body and necessary notes. 

III. COMMENTS AND RECOMMENDATIONS

1. Comments on contents of the bidding document

Based upon comments on each item of the bidding document mentioned above, the verification body gives general comments on the draft bidding document. This part specifies unanimous or divided opinions on contents of the bidding document.  Explanation is required in case of dissenting opinions.

This part describes retained opinions of members of the verification team during verification of the draft bidding document (if any). 

2. Recommendations

a) In case the draft bidding document is consistent with provisions of the law on bidding and relevant law provisions and satisfies specified requirements, the verification body shall send recommendations to the investor, including the following items:

Pursuant to the proposal of ____ [Specifying the procuring entity’s name] regarding approval for the bidding document, draft bidding document and contents of this verification report, _____ [Specifying the verification body’s name] hereby recommend _____ [Specifying the investor’s name] to grant approval for the bidding document for _______ [Specifying the package’s name] included in _________ [Specifying the project's name].

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This verification report is prepared by ________ [Specifying full name and signature of each member of the verification team].

[LEGAL REPRESENTATIVE OF THE VERIFICATION BODY]
[Name, position, full name and seal (if any]

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¹ Provide the applicable legislative documents in accordance with regulations in force.

² This item is only applicable to the case in which the Ministry of Planning and Investment gives written guidance on the practicing certificate in bidding.

³ The verification body may make a summary based upon the contents of the bidding document in special cases.

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APPENDIX

LISTS OF DOCUMENTS NECESSARY FOR VERIFICATION OF BIDDING DOCUMENTS

List documents received by the verification body (after provision of additional document has been required) necessary for verification of bidding documents.

FORM NO.03

SAMPLE REPORT ON VERIFICATION OF REQUEST FOR PROPOSAL
(Issued together with Circular No.19/2015/TT-BKHDT dated November 27, 2015 of the Ministry of Planning and Investment)

[THE VERIFICATION BODY]
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No._______(if any)

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REPORT ON VERIFICATION OF REQUEST FOR PROPOSAL

Contract package_____ [Specifying the package’s name]

included in ______ [Specifying the project’s name]

To:______ [Specifying the investor’s name]

- Pursuant to¹_______ [the Law on Bidding No.43/2013/QH13 dated November 26 of the National Assembly];

- Pursuant to¹______ [Decree No.63/2014/ND-CP dated June 26, 2014 of the Government providing for enforcement of a number of articles of the Law on Bidding regarding selection of preferred bidder];

- Pursuant to _____ [the written document defining functions and duties of the verification body and written document stating the assignment of verification duty or consultant hiring contract];

- Pursuant to ______ [other relevant documents];

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The results of verification of the aforesaid RFP are consolidated into a report containing the following items:

I. BASIC INFORMATION

1. Overview of the project and the package

Overview of main contents of the project and the package and legal bases necessary for RFP making

2.  Verification body

This part describes the working method (team work or individual work) of the verification body during the verification and measures to take actions in case one or more than one member dissents from opinions of others.

The verification report shall be attached to the photo of certificate in bidding, practicing certificate in bidding² of members in the verification team as regulated by the law on bidding.

II. CONSOLIDATION OF VERIFICATION CONTENTS 

1. Legal bases 

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The results of inspection of legal bases necessary for RFP making shall be consolidated into Chart No.01 below:

Chart No.01

No.

Item

Inspection result

Yes

Not available

[1]

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[3]

1

- Decision on approval for the project or Decision of the head of the investor or the head of the entity authorized to make preparations for the project (applicable if the investor of the mentioned package has not yet been defined that before receipt of the decision on approval for the project)

- Decision on approval for the adjusted project (if any)

2

- Decision on approval for the plan on selection of preferred bidder

- Decision on approval for the adjusted plan on selection of preferred bidder (if any)

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3

Loan agreements or contracts (if any)

4

- Design document associated with the approved cost estimate for the contract of or requirements for characteristics and specifications of goods (if any) applied to the contract for procurement of goods or reference provisions for the contract for procurement of consulting services

- Written documents on adjustments to the aforesaid documents (of any)

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5

Other relevant legal documents (if any)

Notes:

- Column [2]: Mark “X” onto the boxes corresponding to specific documents specified in column [1] received by the verification body;

- Column [3]: Mark “X” onto the boxes corresponding to specific documents specified in column [1] that the verification body has not received (after provision of additional documents is required.)

b) Verification opinions on legal bases:

Based on the provided documents and the verification results consolidated in Chart No. 01, the verification body gives comments on legal bases necessary for the RFP making and necessary notes (if any). 

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a) Consolidation of results of verification of RFP’s contents:

a) The results of verification of RFP’s contents shall be consolidated into Chart No.02 below:

Chart No.02

Item

Verification result

Compliant

Non-compliant

[1]

[2]

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Instructions to bidders

Standards for RFP assessment

Form

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Requirements applied to the package (for contracts for construction, procurement of non-consulting services, goods and mixed contracts)

Requirements of the contract agreement

Notes: 

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- Column [3]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of checking of each item is not compliant with regulations of the law on bidding and relevant law provisions or inconsistent with the approved project or plan on selection of preferred bidder, nature and requirements of the package.  In point b of this clause, clearly indicate which section, article, clause or point is compliant or non-compliant with law provisions.

b) Verification opinions on RFP’s contents:

Based upon the provided documents and verification results consolidated in Chart No. 02, the verification body gives comments on RFP’s contents upon provisions of the law on bidding and relevant law provisions, the approved project/plan on selection of preferred bidder, nature and requirements of the package and necessary notes (if any).  In case the RFP specifies regulations upon other relevant law provisions, the verification body shall give comments on such regulations to see whether the aforesaid regulations place any restriction on the bidder's participation.  If any restriction on the bidder's participation is found, the verification body shall give proposals and recommendations as prescribed in Point b Clause 2 Section III.

As for items provided in standards for RFP assessment, the verification body shall give comments on compliance with contents of the package based upon: 

- material and information about the survey into the market in terms of ability to supply goods or provide services relating to the package conducted by the entity making the RFP or the procuring entity.

- the logic of standards for RFP assessment in an objective, impartial and transparent manner.

With regard to the RFP’s item which is assessed not compliant or required to be amended or completed, the verification body gives a representation on reasons for such non-compliance or insufficiency and measures to ensure compliance with the law on bidding and the bidding objective in terms of competition, impartiality, transparency and efficiency in economy.  Clearly indicate the section, article, clause or point that is non-compliant or inconsistent with the law on bidding.

3. Dissenting opinions and reservations of individuals participating in RFP making (if any)

b) Consolidation of dissenting opinions and reservations of individuals participating in RFP making (if any):

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b) Verification of dissenting opinions and reservations of individuals participating in RFP making (if any):

This part provides comments on dissenting opinions and reservations mentioned above given by the verification body and necessary notes. 

III. COMMENTS AND RECOMMENDATIONS

1. Comments on RFP’s contents

Based upon comments on each item of the RFP mentioned above, the verification body gives general comments on the draft RFP. This part describes unanimous or divided opinions on RFP's contents.  Explanation is required in case of dissenting opinions.

This part describes retained opinions of members of the verification team during verification of the draft RFP (if any). 

2. Recommendations

a) In case the draft RFP is consistent with provisions of the law on bidding and relevant law provisions and satisfies specified requirements, the verification body shall send recommendations to the investor as follows:

Pursuant to the proposal of ____ [Specifying the procuring entity’s name] regarding approval for the RFP, the draft RFP and contents of this verification report, _____ [Specifying the verification body’s name] hereby recommend _____ [Specifying the investor’s name] to grant approval for the RFP for _______ [Specifying the package’s name] included in _________ [Specifying the project's name]. 

...

...

...

This verification report is prepared by ________ [Specifying full name and signature of each member of the verification team].

[LEGAL REPRESENTATIVE OF THE VERIFICATION BODY]
[Name, position, full name and seal (if any]

____________

¹ Provide the applicable legislative documents in accordance with regulations in force.

² This item is only applicable to the case in which the Ministry of Planning and Investment gives written guidance on the practicing certificate in bidding.

...

...

...

LISTS OF DOCUMENTS NECESSARY FOR RFP VERIFICATION

List documents received by the verification body (after provision of additional document is required) necessary for RFP verification.

FORM NO.04

SAMPLE REPORT ON VERIFICATION OF EOI RESPONSES AND PREQUALIFICATION APPLICATIONS
(Issued together with Circular No.19/2015/TT-BKHDT dated November 27, 2015 of the Ministry of Planning and Investment)

[THE VERIFICATION BODY]
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------

No._______(if any)

(Location and date)

...

...

...

REPORT ON VERIFICATION OF____

[SPECIFYING RESULTS OF ASSESSMENT OF EOI RESPONSES/PREQUALIFICATION APPLICATIONS]

Package_____ [Specifying the package’s name]

Included in ______ [Specifying the project’s name]

To:______ [Specifying the investor’s name]

- Pursuant to¹_______ [the Law on Bidding No.43/2013/QH13 dated November 26 of the National Assembly];

- Pursuant to¹______ [Decree No.63/2014/ND-CP dated June 26, 2014 of the Government providing for enforcement of a number of articles of the Law on Bidding regarding selection of preferred bidder];

- Pursuant to _____ [the written document defining functions and duties of the verification body and written document stating the assignment of verification duty or consultant hiring contract];

Pursuant to written request for approval No._____ [Specifying the number of the written request for approval for the results of assessment of the EOI response/prequalification application] dated _____ [Specifying the date on which the written request is made] of _____ [Specifying the procuring entity's name] regarding _____ [Specifying the results of assessment of the EOI response/prequalification application] of the aforesaid contract package and relevant documents;

...

...

...

_____ [Specifying the verification body’s name] has conducted a verification of ____ [Specifying the results of assessment of the EOI response/prequalification application] for the package _____ [Specifying the package's name] included in _____ [Specifying the project’s name] from _____ [Specifying the date on which the satisfactory written request is received] to_____ [Specifying the date on which the verification report is issued].

The results of verification of _______ [Specifying the results of assessment of the EOI response/prequalification application] for the package mentioned above are consolidated into a report containing the following items:

I. BASIC INFORMATION

1. Overview of the project and the package

Overview of main contents of the project and the package and legal bases for request for EOI asking/prequalification.

2. Summary of REOI/prequalification process

This part provides a summary of the REOI/prequalification process and proposals of the procuring entity.

3.  Verification body

This part describes the working method (team work or individual work) of the verification body during the verification and measures to take actions in case one or more than one member dissents from opinions of others.

...

...

...

II. SCOPE OF VERIFICATION

1. Legal bases

1.1. Consolidation of the results of verification of legal bases:

The results of inspection of legal bases for ______ [Specifying the REOI/prequalification] shall be consolidated into Chart No.01 below:

Chart No.01

No.

Item

Inspection result

Yes

...

...

...

[1]

[2]

[3]

1

- Decision on approval for the project or Decision of the head of the investing entity or the head of the entity authorized to make preparations for the project (applicable if the investor of the mentioned package has not yet been defined before receipt of the decision on approval for the project)

- Decision on approval for the adjusted project (if any)

...

...

...

- Decision on approval for the plan on selection of preferred bidder

- Decision on approval for the adjusted plan on selection of preferred bidder (if any)

3

Loan agreements or contracts (if any)

4

...

...

...

5

- Design document associated with the approved cost estimate for the contract for construction or requirements for characteristics and specifications of goods (if any) applied to the contract for procurement of goods or reference provisions for the contract for procurement of consulting services

- Written documents on adjustments to the aforesaid documents (of any)

6

- Decision on approval for the REOI/prequalification document

...

...

...

7

Decision on establishment of the expert team/contract (if any) for hiring experts to evaluate the REOI/prequalification document³

8

Report on assessment of the EOI response/prequalification application provided by the experts

...

...

...

9

Other relevant legal documents including written record on handling of situation (if any)

Notes:

- Column [2]: Mark “X” onto the boxes corresponding to specific documents specified in column [1] received by the verification body;

- Column [3]: Mark “X” onto the boxes corresponding to specific documents specified in column [1] that the verification body has not received yet (after provision of additional documents is required.)

1.2. Verification opinions on legal bases:

Based on the provided documents and the verification results consolidated in Chart No. 01, the verification body gives comments on legal bases for ask for EOI/prequalification and necessary notes (if any).

...

...

...

The verification body shall carry out inspection of and give comments on the implementation including the items below:

2.1. Duration of selection of preferred bidder:

a) Consolidation of the results of verification of REOI/prequalification duration:

The results of verification of the aforesaid duration shall be put into Chart No.02 below:

Chart No.02

No.

Item

 Duration in reality

Verification result

...

...

...

Non-compliant

[1]

[2]

[3]

[4]

1

Notice of submission of the EOI response/prequalification application

[Specifying total day counted from the first day on which the notice is published to the first day on which the REOI/prequalification document is issued]

...

...

...

2

Time for preparation of the EOI response/prequalification application

[Specifying total day counted from the first day on which the REOI/prequalification document is issued to the day of bid closing]

3

Time for sending the amended REOI/prequalification document to bidders (if any)

[Specifying total day counted from the day on which the final amendment to REOI/prequalification document is made to the day of bid closing]

...

...

...

4

Time for assessment of the EOI response/prequalification application

[Specifying total day counted from the day of bid closing to the day on which the bidding result is released by the procuring entity]

Notes:

- Column [3]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of inspection of each item is compliant with regulations on duration of selection of preferred bidder under the law on bidding

- Column [4]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of inspection of each item is not compliant with regulations on duration of selection of preferred bidder under the law on bidding.  In point b of this clause, clearly indicate which section, article, clause or point is compliant or non-compliant with law provisions.

...

...

...

Based on the provided documents and the verification results consolidated in Chart No. 02, the verification body gives comments on REOI/prequalification duration and necessary notes.

2.2. Information disclosure during of selection of preferred bidder:

a) Consolidation of the results of verification of information disclosure during EOI asking/prequalification 

The results of verification of the aforesaid information disclosure shall be put into Chart No.03 below:

Chart No.03

No.

Item

Means of disclosure

Newspaper no./Disclosure date

...

...

...

Compliant

Non-compliant

[1]

[2]

[3]

[4]

[5]

1

...

...

...

2

Notice of submission of the EOI response/prequalification application

...

...

...

3

Notice of extension of the deadline for submission of the EOI response/prequalification application (if any)

Notes:

- Column [4]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of inspection of each item is compliant with regulations on information disclosure during selection of preferred bidder in accordance with provisions of the law on bidding. 

- Column [5]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of checking of each item is non-compliant with regulations on information disclosure during selection of preferred bidder in accordance with provisions of the law on bidding.   In point b of this clause, clearly indicate which section, article, clause or point is compliant or non-compliant with law provisions.

...

...

...

Based on the provided documents and the verification results consolidated in Chart No. 03, the verification body gives comments on information disclosure during EOI asking/prequalification and necessary notes.

2.3. Assessment of EOI response/prequalification application:

a) Consolidation of the results of verification of contents of the EOI response/prequalification application:

The results of verification of the aforesaid contents shall be consolidated into Chart No.04 below:

Chart No.04

No.

Item

Verification result

Compliant

...

...

...

[1]

[2]

[3]

1

Assessment of eligibility of the EOI response/prequalification application

2

...

...

...

Notes:

- Column [2]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of inspection of each item satisfies requirements of the approved REOI/prequalification document.

- Column [3]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of inspection of each item fails to meet requirements of the approved REOI/prequalification document.  In point b of this clause, clearly indicate which section, article, clause or point is compliant or non-compliant with law provisions and regulations provided in the REOI/prequalification document.

b) Verification opinions on assessment of the EOI response/prequalification application:

Based on the provided documents and the verification results consolidated in the Chart No. 04, the verification body gives comments on assessment of the EOI response/prequalification application and necessary notes.

III. DISSENTING OPINIONS AND RESERVATIONS OF MEMBERS OF THE EXPERT TEAM (IF ANY)

1. Consolidation of dissenting opinions and reservations of members of the expert team (if any):

...

...

...

2. Assessment opinions on dissenting opinions and reservations of members of the expert team (if any):

This part indicates comments on dissenting opinions and reservations mentioned above given by the verification body.

IV. PROCURING ENTITY’S DISSENTS FROM EXPERT TEAM'S OPINIONS (IF ANY)

1. Consolidation of the procuring entity’s dissents from expert team’s opinions (if any):

This part specifies the procuring entity’s dissents from the expert team’s opinions (if any):

2. Assessment opinions on the procuring entity’s dissents from the expert team’s opinions (if any)

This part indicates comments on the procuring entity’s dissents from opinions of the expert team.

V. CONSOLIDATION OF VERIFICATION RESULTS

 Verification opinions on the package shall be consolidated into Chart No.05 below:

...

...

...

No.

Item

Verification opinion

Unanimous

Divided

[1]

[2]

[3]

...

...

...

Legal bases

2

Implementation

2.1

Duration of EOI asking/prequalification

...

...

...

2.2

Information disclosure during the EOI asking/prequalification

3

 Assessment of the EOI response/prequalification application

...

...

...

Results of assessment of the EOI response/prequalification application

5

Handling of proposals for problems arising during selection of preferred bidder

6

Other matters (if any)

...

...

...

Notes:

The verification body shall mark “X” onto the boxes in column [2] corresponding to items specified in column [1] if concurring with such items or mark "X" onto the boxes in column [3] if dissenting from such items.

VI. COMMENTS AND RECOMMENDATIONS

1. Comments on results of assessment of the EOI response/prequalification application:

Based upon comments on each item mentioned above, the verification body gives comments on:

- legal bases and compliance with provisions of the law on bidding and other law provisions;

- the results of assessment of the EOI response/prequalification application to see whether bidders on the short list have adequate capacity and experience to meet the standards for assessment of the REOI/prequalification document;

- competition and impartiality to see whether the request for additional documents or information clarification provided by bidders is made in a competitive and impartial manner during the EOI asking/prequalification;

...

...

...

- Unanimous or divided opinions on the results of assessment of EOI response/prequalification applications.  Explanation is required in case of dissenting opinions.

This part describes reservations of members of the verification team during verification of the results of assessment of EOI responses/prequalification applications (if any). 

2. Recommendations

a) If successfully compiling a shortlist of bidders, the verification body shall recommend the investor to approve such shortlist as follows:

Pursuant to the proposal of the procuring entity regarding the results of assessment of EOI responses/prequalification applications and contents of this verification report, _____ [Specifying the verification body's name] hereby recommend ______ [Specifying the investor's name] to grant approval for the shortlist of bidders for _____ [Specifying the contract package’s name] included in ____ [Specifying the project's name] with the following information:

No.

Name of bidder

1

[Specifying full name and nationality (in case of international bidding) of bidders on the shortlist]

...

...

...

...

n

- Necessary notes (if any)

b) In case the verification body dissents from the results of assessment provided by the expert team or opinions of the procuring entity or fails to find enough grounds to draw a conclusion about the results of assessment of EOI responses/prequalification applications (including the case in which the shortlist fails to be compiled), such body shall send proposals of following actions to ensure compliance with provisions of the law on bidding and other relevant law provisions with the aim of speeding up the implementation of the package and the project to the investor for consideration and approval purpose.

c) Other opinions (if any)

This verification report is prepared by ________ [Specifying full name and signature of each member of the verification team].

...

...

...

[LEGAL REPRESENTATIVE OF THE VERIFICATION BODY]
[Name, position, full name and seal (if any]

____________

¹ Provide the applicable legislative documents in accordance with regulations in force.

² This item is only applicable to the case in which the Ministry of Planning and Investment gives written guidance on the practicing certificate in bidding.

³ For this item, the verification body shall conduct an inspection to see whether members of the expert team satisfy requirements prescribed in Article 16 of the Law on Bidding and Article 116 of Decree No.63/2014/ND-CP.

APPENDIX

...

...

...

List documents received by the verification body (after provision of additional document is required) necessary for verification of results of assessment of EOI responses/prequalification applications.

FORM NO.05

SAMPLE REPORT ON VERIFICATION OF RESULTS OF SELECTION OF PREFERRED BIDDER FOR PACKAGES UNDER SINGLE-STAGE ONE-ENVELOPE BIDDING PROCEDURE
(Issued together with Circular No.19/2015/TT-BKHDT dated November 27, 2015 of the Ministry of Planning and Investment)

[THE VERIFICATION BODY]
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------

No._______(if any)

(Location and date)

...

...

...

 Package_____ [Specifying the package’s name]

Included in ______ [Specifying the project’s name]

To:______ [Specifying the investor’s name]

- Pursuant to¹_______ [the Law on Bidding No.43/2013/QH13 dated November 26 of the National Assembly];

- Pursuant to¹______ [Decree No.63/2014/ND-CP dated June 26, 2014 of the Government providing for enforcement of a number of articles of the Law on Bidding regarding selection of preferred bidder];

- Pursuant to _____ [the written document defining functions and duties of the verification body and written document stating the assignment of verification duty or consultant hiring contract];

- Pursuant to ______ [other relevant documents];

- Pursuant to written request for approval No._____ [Specifying the number of the written request for approval for the results of selection of preferred bidder] of _____ [Specifying the procuring entity’s name] regarding the results of selection of preferred bidder for the aforesaid package and relevant documents;

_____ [Specifying the verification body’s name] has conducted a verification of the results of selection of preferred bidder for the contract package _____ [Specifying the package’s name] included in _____ [Specifying the project’s name] from _____ [Specifying the date on which the satisfactory written request is received] to_____ [Specifying the date on which the verification report is issued].

...

...

...

I. BASIC INFORMATION

1. Overview of the project and the package

Overview of main contents of the project and the package and legal bases for selection of preferred bidder

2. Summary of selection of preferred bidder

This part summarizes the entire process of selection of preferred bidder starting from issuance of procurement notice/invitation to bid until verification of and approval for the results of selection of preferred bidder and proposals and recommendations on the results of selection of preferred bidder given by the procuring entity.

3. Verification body

This part describes the working method (team work or individual work) of the verification body during the verification and measures to take actions in case one or more than one member dissents from opinions of others.

The verification report shall be attached to the photo of certificate in bidding, practicing certificate in bidding² of members in the verification team as regulated by the law on bidding.

II. SCOPE OF VERIFICATION

...

...

...

a) Consolidation of the results of verification of legal bases:

The results of inspection of legal bases for making selection of preferred bidder shall be consolidated into Chart No.01 below:

Chart No.01

No.

Item

Inspection result

Yes

Not available

...

...

...

[2]

[3]

1

- Decision on approval for the project or Decision of the head of the investing entity or the head of the entity authorized to make preparations for the project (applicable if the investor of the package has not yet been defined before receipt of the decision on approval for the project)

- Decision on approval for the adjusted project (if any)

2

- Decision on approval for the plan on selection of has not yet been defined

...

...

...

3

Loan agreements or contracts (if any)

4

International agreement (if any) applied to projects funded by ODA loans or concessional loans

...

...

...

5

- Design document associated with the approved cost estimate for the contract for procurement of construction or requirements for characteristics and specifications of goods (if any) applied to the contract for procurement of goods or reference provisions for the contract for procurement of consulting services

- Written documents on adjustments to the aforesaid documents (of any)

6

Decision on approval for the shortlist (if any)

...

...

...

- Decision on approval for the bidding document/RFP

- Decision on approval for the adjusted bidding document/RFP (if any)

8

Decision on establishment of the expert team/contract (if any) for hiring experts to evaluate the bids/proposals³

9

...

...

...

10

Approval for bidder ranking⁴

11

Record of contract negotiation

...

...

...

12

Other relevant legal documents including written record on handling of situation (if any)

Notes:

- Column [2]: Mark “X” onto the boxes corresponding to specific documents specified in column [1] received by the verification body;

- Column [3]: Mark “X” onto the boxes corresponding to specific documents specified in column [1] that the verification body has not received (after provision of additional documents is required.)

b) Verification opinions on legal bases:

Based on the provided documents and the verification results consolidated in Chart No. 01, the verification body gives comments on legal bases and necessary notes (if any).

...

...

...

The verification body shall carry out inspection of and give comments on selection of preferred bidder including the items below:

2.1. Duration of selection of preferred bidder:

a) Consolidation of the results of verification of duration for selection of preferred bidder

The results of verification of the aforesaid duration shall be put into Chart No.02 below:

Chart No.02

No.

Item

 Duration in reality

Verification result

...

...

...

Non-compliant

[1]

[2]

[3]

[4]

1

Issuance of procurement notice/invitation to bid

[Specifying total day in reality counted from the first day on which the procurement notice/invitation to bid is issued to the first day of issuance of the bidding document/RFP]

...

...

...

2

Issuance of bidding document/RFP

[Specifying the date in reality on which the bidding document/RFP is issued]

3

Date of bid closing

[Specifying the date of bid closing]

...

...

...

4

Bid opening

[Specifying the date provided in the bid opening record]

5

Time for preparation of bids/proposals

[Specifying total day in reality counted from the first day on which the bidding document/RFP is issued to the date of bid closing]

...

...

...

6

Time for sending amendments to the bidding document/RFP to bidders (if any)

[Specifying total day in reality counted from the day on which the final amendment to the bidding document/RFP is made to the date of bid closing]

7

Time for assessment of bids/proposals

[Specifying total day in reality counted from the day of bid closing to the day on which the procuring entity send a request for approval for the results of selection of preferred bidder, exclusive of time for verification of and approval for relevant matters]

...

...

...

Notes:

- Column [3]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of inspection of each item is compliant with regulations on duration of selection of preferred bidder under provisions of the law on bidding. 

- Column [4]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of inspection of each item is not compliant with regulations on duration of selection of preferred bidder under provisions of the law on bidding.  In point b of this clause, clearly indicate which section, article, clause or point is compliant or non-compliant with law provisions.

b) Verification opinions on duration of selection of preferred bidder:

Based on the provided documents and the verification results consolidated in Chart No. 02, the verification body gives comments on duration of selection of preferred bidder and necessary notes.

2.2. Information disclosure during selection of preferred bidder:

a) Consolidation of the results of verification of information disclosure during selection of preferred bidder

The results of verification of the aforesaid information disclosure shall be put into Chart No.03 below:

...

...

...

No.

Item

Means of disclosure

Newspaper no./Disclosure date

Verification result

Compliant

Non-compliant

[1]

...

...

...

[3]

[4]

[5]

1

Preferred bidder selection plan

...

...

...

Procurement notice/shortlist

3

Notice of extension of the deadline for bid closing (if any)

...

...

...

Notes:

- Column [4]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of inspection of each item is compliant with regulations on information disclosure during selection of preferred bidder in accordance with provisions of the law on bidding. 

- Column [5]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of checking of each item is not compliant with regulations on information disclosure during selection of preferred bidder in accordance with provisions of the law on bidding.   In point b of this clause, clearly indicate which section, article, clause or point is compliant or non-compliant with law provisions.

b) Verification opinions on information disclosure during selection of preferred bidder:

Based on the provided documents and the verification results consolidated in the Chart No. 03, the verification body gives comments on information disclosure during selection of preferred bidder duration and necessary notes.

2.3. Assessment of the bids/proposals and contract negotiation:

a) Consolidation of the results of verification of assessment of the bids/proposals and contract negotiation:

The results of verification of assessment of the bids/proposals and contract negotiation shall be consolidated into Chart No.04 below: 

...

...

...

No.

Item

Verification result

Compliant

Non-compliant

[1]

[2]

[3]

...

...

...

 Assessment of the eligibility of the bids/proposals

2

 Assessment of the bids/proposals according to standards for assessment of capacity and experience; techniques specified in the bidding document/RFP

3

 Assessment of the bids/proposals according to standards for financial assessment; techniques specified in the bidding document/RFP

...

...

...

4

Contract negotiation

Notes:

- In case the prequalification was conducted, the verification body shall give comments about improvement of capacity and experience of bidders compared to information provided in the prequalification applications (if any) undergoing assessment.

- In case non-material nonconformities in the bid/proposal are accepted by the expert team and the procuring entity, the verification body shall give comments to see whether such nonconformities constitute material deviation and the bid/proposal is substantially responsive as required in the bidding document/RFP.   If acceptance of the aforesaid non-material nonconformities by the expert team/procuring entity is considered appropriate, the verification team shall give comments to see whether requests from the procuring entity for provision of information and documents for the purposing of rectifying non-material meet the requirements of the bidding document/RFP.  If acceptance of the aforesaid non-material nonconformities by the expert team/procuring entity is found inappropriate, the verification team shall mark “X” onto the corresponding boxes as follows: 

- Column [2]: Mark “X” onto the boxes corresponding to specific items specified in the column [1] if the result of inspection of each item satisfies requirements of the approved bidding document/RFP. 

...

...

...

b) Verification opinions on assessment of the bids/proposals and contract negotiation:

Based on the provided documents and the verification results consolidated in Chart No. 04, the verification body gives comments on assessment of the bids/proposals and contract negotiation and necessary notes.

III. DISSENTING OPINIONS AND RESERVATIONS OF MEMBERS OF THE EXPERT TEAM (IF ANY)

1. Consolidation of dissenting opinions and reservations of members of the expert team (if any):

This part describes dissenting opinions and reservations of members of the expert team (if any).

2. Verification opinions on dissenting opinions and reservations of members of the expert team (if any):

This part indicates comments on dissenting opinions and reservations mentioned above given by the verification body.

IV. PROCURING ENTITY’S DISSENTS FROM EXPERT TEAM'S OPINIONS (IF ANY)

1. Consolidation of the procuring entity’s dissents from expert team’s opinions (if any):

...

...

...

2. Verification opinions on the procuring entity’s dissents from the expert team’s opinions (if any)

This part indicates comments on dissents of the procuring entity mentioned above given by the verification body.

V. CONSOLIDATION OF VERIFICATION RESULTS

Verification opinions on the package shall be consolidated into Chart No.05 below:

Chart No.05

No.

Item

Verification opinion

Unanimous

...

...

...

[1]

[2]

[3]

1

Legal bases

2

...

...

...

2.1

  Duration of selection of preferred bidder

2.2

Information disclosure during selection of  preferred bidder

...

...

...

3

 Assessment of the bids/proposals and contract negotiation

3.1

 Assessment of the eligibility of the bids/proposals

3.2

...

...

...

3.3

 Assessment of the bids/proposals according to standards for financial assessment; techniques specified in the bidding document/RFP

3.4

List of bidder ranking

...

...

...

3.5

Contract negotiation

4

 Result of selection of  preferred bidder

4.1

...

...

...

4.2.

Proposed winning price

5

Handling of proposals for problems arising during selection of  preferred bidder

...

...

...

6

Other matters (if any)

Notes:

The verification body shall mark “X” onto the boxes in column [2] corresponding to items specified in column [1] if concurring with such items or mark "X" onto the boxes in column [3] if dissenting from such items.

VI. COMMENTS AND RECOMMENDATIONS

1. Comments

Based upon comments on each item mentioned above, the verification body gives comments on:

...

...

...

- the results to see whether the proposed winning bidder has required capacity and experience meeting the assessment standards and can work out feasible methods for implementation of the package;

- competition and impartiality to see whether the request for additional documents or information clarification provided by bidders is made in a competitive and impartial manner during the selection of preferred bidder; 

- transparency and publicity in information disclosure and bid opening;

- efficiency in economy of the package, to be specific: the savings compared to the approved cost estimate or total investment or cost estimate provided in the decision on cost estimate/project approval;

- unanimous or dissenting opinions on the results of selection of preferred bidder.  Explanation is required in case of dissenting opinions.

In addition, retained opinions of members of the verification team during verification of the results of selection of preferred bidder (if any) are required.

2. Recommendations

a) If any bidder is proposed to win the bid, the verification body shall recommend the investor to grant approval as follows:

Pursuant to the proposal of the procuring entity regarding the results of selection of preferred bidder and contents of this verification report, _____ [Specifying the verification body's name] hereby recommend ______ [Specifying the investor's name] to grant approval for the results of selection of preferred bidder for _____ [Specifying the contract package’s name] included in ____ [Specifying the project's name] with the following information:

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- Proposed winning price: _____ [Specifying the money structure, amount in words and numbers, with or without taxes];

- Type of contract: _____ [Specifying the type of contract required in the bidding document/RFP]

- Contract execution duration;

- Necessary notes (if any)

b) In case the verification body dissents from the proposals of the procuring entity or fails to find sufficient grounds to draw a conclusion about the results of selection of preferred bidder (including the case in which there is no bidder proposed to win the bid), such body shall send proposals of following actions to ensure compliance with provisions of the law on bidding and other relevant law provisions with the aim of speeding up the implementation of the package and the project to the investor for consideration and approval purpose.

c) Other opinions (if any)

This verification report is prepared by ________ [Specifying full name and signature of each member of the verification team].

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[LEGAL REPRESENTATIVE OF THE VERIFICATION BODY]
[Name, position, full name and seal (if any]

____________

¹ Provide the applicable legislative documents in accordance with regulations in force.

² This item is only applicable to the case in which the Ministry of Planning and Investment gives written guidance on the practicing certificate in bidding.

³ For this item, the verification body shall conduct an inspection to see whether members of the expert team satisfy requirements prescribed in Article 16 of the Law on Bidding and Article 116 of Decree No.63/2014/ND-CP.

⁴ Not applicable to direct contracting, shopping, direct shopping.

APPENDIX

LISTS OF DOCUMENTS NECESSARY FOR VERIFICATION OF RESULTS OF SELECTION OF PREFERRED BIDDER

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FORM NO. 06

SAMPLE REPORT ON ASSESSMENT OF THE RESULTS OF THE EVALUATION OF THE TECHNICAL PROPOSAL AND THE RESULTS OF CONTRACTOR SELECTION FOR THE PACKAGE AWARDED ACCORDING TO THE SINGLE-STAGE AND TWO-ENVELOP BIDDING PROCEDURES
(Issued together with the Circular No. 19/2015/TT-BKHDT dated November 27, 2015 of the Ministry of Planning and Investment)

[THE ASSESSING BODY]
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. __________(if any)

_________, date (dd/mm/yyyy) ________

ASSESSMENT REPORT_________

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Package______[Defining the package title]

of _______ [Specifying the project title]

Dear _________ [Specifying the investor’s name)

- Pursuant to¹ _______ [the Law on Bidding No. 43/2013/QH13 dated November 26, 2013 of the National Assembly];

- Pursuant to¹ ________[the Government's Decree No. 63/2014/ND-CP dated June 26, 2014 elaborating on the implementation of a number of articles of the Law on Bidding with regard to the contractor selection];

- Pursuant to ______[the written document defining the function and duties of the assessing body, the written document stating the assignment of assessment duties or the consultant hiring contract]; 

- Pursuant to _________ [Other relevant written documents];

- Pursuant to the approval request document No. ________ [Specifying the number of the written document submitted to apply for approval of the results of the evaluation of the technical proposal/the results of the contractor selection] dated _________ [Specifying the date on which this document is submitted for approval] of [the procuring party’s name] on _______ [Specifying the results of the evaluation of the technical proposal/the results of the contractor selection] with respect to the aforesaid package and other relevant documents; 

____________ [Specifying the assessing body’s name] has conducted the assessment ________ [Specifying the results of the evaluation of the technical proposal/the results of the contractor selection] with respect to the package _______ [Specifying the package title] of _____ [Specifying the project title] from ________ [Specifying the date of receipt of all request documentation] to _______ [Specifying the date on which the assessment report is made].  The assessment results _______ [Specifying the results of the evaluation of the technical proposal/the results of the contractor selection] of the aforesaid package are consolidated into a report containing the following items:

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1. Overview of the project and the package

Overview of the main contents of the project and the package, legal bases for selection of the contractor.

2. Summary of the processes for selection of the contractor

This section summarizes the entire process for organization of the contractor selection from the time of notification of the invitation to bid/delivery of the invitation to bid to the time of submission of the application for assessment and approval of the results of the evaluation of the technical proposal/the results of the contractor selection, and briefly describes the procuring party’s proposals and recommendations related to the results of the evaluation of the technical proposal/the results of the contractor selection.

3. Organization of assessment activities

This section specifies the working manner (whether in group or independently) of the assessing body during the assessment process, actions to be taken once one or some members have assessment opinions dissenting from a majority of other members. 

This section requires the following documents attached to the assessment report: the photocopy of the certificate of completion of the training in procurement, the certificates of the practice of procurement² of the assessment group members under the provisions of the legislation on procurement.

II. ASSESSMENT CONTENTS

1. Legal bases

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The results of checking of legal bases for the contractor selection shall be consolidated into the Chart No.01 below:

Chart No. 01

No.

Items

Checking results

Yes

Not available

[1]

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[3]

I. Assessment of the results of the evaluation of the technical proposal

1

- Decision on approval of the project or Decision of the head of the investing entity or the head of the entity authorized to make preparations for the project in case the investor of the package that needs to be implemented before receipt of the decision on approval of the project has not yet been defined

- Decision on approval of the adjusted project (if any)

2

- Decision on approval of the contractor selection plan,

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3

Loan agreement or contract (if any)

4

International treaty or agreement (if any) with regard to projects using official development assistance aids or preferential loans

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5

- Design documentation and the approved cost estimate which are necessary for the construction package or requirements concerning properties and technical specifications of the goods (if any) with regard to the commodity shopping package, or reference terms and conditions applicable to the consultancy package

- Other documents on revision of the aforesaid documents (if any)

6

Decision on approval of the shortlist (if any)