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THE MINISTRY OF PLANNING AND
INVESTMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 23/2015/TT-BKHDT
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Hanoi, December 21, 2015
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CIRCULAR
ON GUIDELINES FOR REPORT ON BID
EVALUATION
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 bidders;
Pursuant to the Government's Decree No. 116/2008/ND-CP dated
November 14, 2008 defining the functions, tasks, entitlements 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 as follows:
Article 1. Scope
This Circular provide guidelines for report on Bid
evaluation with respect to contract packages under scope of regulation
prescribed in Article 1 of the Law on Bidding No. 43/2013/QH13.
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This Circular applies to organizations and individuals
engaging in or involving in the selection of Bidders under scope of regulation
prescribed in Article 1 hereof.
Article 3. Application of form of report on Bid evaluation
and Appendices
1. With regard to packages of procurement of goods, works,
mixed package with single-stage and one-envelope bidding procedure, the report
on Bid evaluation shall be prepared using Form No. 01 issued herewith.
2. With regard to packages of procurement of goods, works,
mixed package with single-stage and two-envelope bidding procedure, the report
on Bid evaluation shall be prepared using Form No. 02 issued herewith.
3. With regard to packages of consulting services, the
report on Bid evaluation shall be prepared using Form No. 03 issued herewith.
4. With regard to packages concerning prequalification
document, invitation for expression of interest; non-consulting services;
shopping method, direct contracting, direct procurement; packages with
two-stage and one-envelope bidding procedure, two-stage and two-envelope
bidding procedure, the report on evaluation of applications for
prequalification document, expression of Interest responses, bids, or proposals
shall be prepared using Form No. 01, 02, and 03 issued herewith.
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 evaluation
of Bid or Proposal, if approved by the sponsor, shall be prepared using Form
No. 01, 02, and 03 issued herewith.
6. The Procuring Entity shall, according to type of package
and bidding procedure, select suitable forms of records and requests in
Appendices issued herewith as follows:
a) Appendix 1: Form of Record of Bid Closing (if necessary);
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c) Appendix 2B: Form of Record of Technical Proposal Opening
(to be used in a package with single-stage and two-envelope bidding procedure);
d) Appendix 3A: Form of Request for approving results of
evaluation of Record of Technical Proposal (to be used in a package with
single-stage and two-envelope bidding procedure);
dd) Appendix 3B: Form of Decision on approving list of
Bidder satisfying technical requirements (to be used in a package with
single-stage and two-envelope bidding procedure);
e) Appendix 4: Form of Record of Financial Proposal Opening
(to be used in a package with single-stage and two-envelope bidding procedure);
g) Appendix 5A: 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);
h) Appendix 5B: 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);
i) Appendix 6A: Form of Record of Negotiation of Contract
(to be used in a package of procurement of goods, works, or mixed package);
k) Appendix 6B: Form of Record of Negotiation of Contract
(to be used in a package of consulting services);
l) Appendix 7: Form of Request for approving results of
Bidder selection;
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Article 4. Bid evaluation period
The Bid evaluation period will last no longer than 45 days regarding
domestic bidding and no longer than 60 days regarding international bidding,
from the deadline for the submission of bids to the date on which the Procuring
Entity requests the Investor to approve the results of Bidder selection. The
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 project schedule is ensure.
Article 5. Bid evaluation
1. The Bid evaluation shall be consistent with regulations
of the Law on Bidding No. 43/2013/QH13, Decree No. 63/2014/ND-CP and Bidding
Documents.
2. The working regulations or working methods of an expert
group in charge of report on Bid evaluation shall specify actions against the
case that one member of the expert group raise opinions different from others'
opinions. Such member may reserve his/her opinions.
3. 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 qualification during the process of negotiation and
finalization of the contract.
4. If the single-stage and two-envelope bidding procedure
applies, the Procuring Entity shall notify Bidder participating in the process
of bidding of written notice of results of Technical Proposal evaluation. The
notice shall specify names of Bidder satisfying technical requirements, reasons
for not satisfying technical requirements, location and time of Technical
Proposal opening. The Bidders not satisfying technical requirements may assign
their representatives to participate in the Technical Proposal opening.
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.
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2. In exceptional circumstances, the chief of the expert
group shall issue working regulations which at least contain:
a) Specific tasks assigned to each member;
b) Scheduled time to complete the Bid evaluation;
c) Working methods of the expert group;
d) Other necessary information.
Article 7. Submission, assessment and approval for results
of bidder selection
1. Packages with single-stage and one-envelope bidding
procedure:
The Procuring Entity shall, according to the report on Bid
evaluation provided by the expert group, approve the list of Ranking of
Bidders.
2. Packages with single-stage and two-envelope bidding
procedure:
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b) The Procuring Entity shall, according to the report on
Financial Proposal evaluation provided by the expert group, approve the list of
Ranking of Bidders.
3. The Procuring Entity shall, according to the ranking of
Bidders and negotiation of contract, request the Investor to approve the
results of Bidder selection. The results of Bidder selection must be assessed
before being approved.
Article 8. Implementation
1. This Circular comes into force from February 15, 2016.
This Circular replaces Circular No. 09/2010/TT-BKH dated April 21, 2010 of the
Ministry of Planning and Investment on guidelines for report on Bid evaluation
regarding packages of procurement of goods, works and Circular No.
15/2010/TT-BKH dated June 29, 2010 of the Ministry of Planning and Investment
on guidelines for report on Bid evaluation regarding packages of consultancy
services
2. Ministries, ministerial-level agencies, Governmental
agencies, other agencies of central government, People’s Committees, relevant
organizations and individuals shall implement this Circular. Difficulties that
arise during the implementation of this Circular should be reported to the
Ministry of Planning and Investment for consideration./.
MINISTER
Bui Quang Vinh
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ATTACHED FILE
