09/2010/TT-BKH in Vietnam, Circular No 09/2010/TT-BKH detailing the making of reports on evaluation in Vietnam

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THE MINISTRY OF PLANNING AND INVESTMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No. 09/2010/TT-BKH	Hanoi, April 21, 2010

CIRCULAR

DETAILING THE MAKING OF REPORTS ON EVALUATION OF BID DOSSIERS APPLICABLE TO PROCUREMENT AND CONSTRUCTION AND INSTALLATION BID PACKAGES

THE MINISTRY OF PLANNING AND INVESTMENT

Pursuant to November 29, 2005 Biding Law No. 61/2Q05/QH11;

Pursuant to June 19, 2009 Law No. 38/2009/ QH12 Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment;

Pursuant to the Government's Decree No. 85/ 2009/ND-CP of October 15, 2009, guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law;

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

The Ministry of Planning and Investment details the making of reports on evaluation of bid dossiers applicable to procurement and construction and installation bid packages as follows:

...

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1. This Circular applies to groups of bidding experts or organizations and units directly evaluating bid dossiers, including bidding consultancy and professional bidding organizations (below referred to as groups of bidding experts) for procurement and construction and installation bid packages under projects regulated by the Bidding Law when applying the form of domestic and international open or restricted bidding.

2. For procurement or construction and installment bid packages under ODA-funded projects, the model report on evaluation of b dossiers for procurement and construction and installment bid packages attached to this Circular (not printed herein) may be applied if so agreed by donors, which may be amended and supplemented according to bidding provision in treaties to which the Socialist Republic i Vietnam is a contracting party or international agreements which have been signed t competent agencies or organizations of the Socialist Republic of Vietnam.

Article 2. Model report on evaluation of b dossiers applicable to procurement and construction and installment bid packages

The model report on evaluation of bid dossiers applicable to procurement and construction and installment bid packages attached to this Circular has the following principal details:

I. Principal information

II. Summary of the bidding process

III. Results of evaluation of bid dossiers

IV. Conclusions and recommendations

V. Signatures of members of the group bidding experts Appendices.

...

Based on reports on evaluation of bid dossiers of groups of bidding experts, bid solicitors shall submit bidding results to investors for consideration and decision. Submitters of bidding results are not concurrently approvers of bidding results.

In this model report, words in italic are for instructive and illustrative purposes which may be specified by users based on requirements of bidding dossiers. A report on evaluation of a bid dossier must be fully filled in. If no or insufficient information is available, such must also be indicated in the report. Makers of reports on evaluation of bid dossiers shall ensure compliance with the bidding law when modifying or supplementing information in words in regular font size in this model report. Investors shall take responsibility before law for modified or supplemented details.

Article 3. Organization of implementation

1. This Circular takes effect on June 15,2010, and replaces the Planning and Investment Ministry's Decision No. 1121/2008/QD-BKH of September 3, 2008, promulgating the model report on evaluation of bid dossiers applicable to procurement and construction and installment bid packages.

2. Ministries, ministerial-level agencies, government-attached agencies, other central agencies, People's Committees at all levels and concerned organizations and individuals shall implement this Circular.

3. Ministries, ministerial-level agencies, government-attached agencies, other center agencies, People's Committees at all levels and concerned organizations and individuals should report problems arising in the course of implementation to the Ministry of Planning and Investment for timely consideration and settlement.-

MINISTER OF PLANNING AND INVESTMENT

Vo Hong Phuc

...

(Procurement of goods or civil works)

(Issued together with the Circular No. 09/2010/TT-BKH of the Ministry of Planning and Investment dated April 21, 2010)

BID EVALUATION REPORT

(contract name)

(project name)

(project owner's name)

...

TABLE OF CONTENTS

Abbreviations: ................................................................................................................

I. Basic information ..........................................................................................................

1. Overall introduction to the project and contract ...........................................................

2. Expert Group ...............................................................................................................

3. Bid evaluation method..................................................................................................

II. Summary of bidding process ......................................................................................

III. Bid evaluation result ...................................................................................................

...

2. Result of detailed bid evaluation...................................................................................

3. Bid evaluation summary checklist ................................................................................

4. Evaluation of alternatives or replenishments ...............................................................

IV. Conclusion and recommendation ...............................................................................

V. Signature of responsible members of the Expert Group ..............................................

Appendices .....................................................................................................................

Appendix I. Summary of bidding process ........................................................................

Appendix II. Forms ...........................................................................................................

Form No.1. List of attached documents ...........................................................................

...

Form No.3. Checking of bid validity and completeness....................................................

Form No.4. Evaluation of responsiveness to prerequisite requirements .........................

Form No.5. Evaluation of capability and experience of bidders (with respect to procurement of goods)

Form No.6. Evaluation of capacity and experience of bidders (with respect to procurement of civil works)

Form No.7a. Technical evaluation for procurement of goods (by using the point system).............

Form No.7b. Synthesis of technical evaluation results for procurement of goods (by using the point system)

Form No.8a. Technical evaluation for procurement of goods (by using the pass/fail system).......

Form No.8b. Synthesis of technical evaluation results for procurement of goods (by using the pass/fail system)

Form No.9a. Technical evaluation for procurement of civil works (by using the point system).......

...

Form No.10a. Technical evaluation for procurement of civil works (by using the pass/fail system)

Form No.10b. Synthesis of technical evaluation result for procurement of civil works (by using the pass/fail system)

Form No.11. Error correction ..............................................................................................

Form No.12. Deviation adjustment .....................................................................................

Form No.13. Conversion of the successful bid price to a single currency .........................

Form No.14. Conversion of costs on the same ground for determination of evaluated price

ABBREVIATIONS

...

ITB

Invitation to Bid

Bid Package (or bid)

[NAME OF BID EVALUATION ORGANIZATION/UNIT
--------

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness
--------------

No.: /

...

BID EVALUATION REPORT

Contract____________[write contract name]

Project_____________[write project name]

Dear ________[write name of bid solicitor]

The Expert Group has been established by________[write name of the project owner] under the Decision No.______[write number and date of issue] to carry out the bid evaluation for the contract ______[write contract name] that is a component of the project________[write project name].

Pursuant to the ITB and BP submitted by bidders participating in the abovementioned contract, the Expert Group has carried out the bid evaluation for the period from date________to date_______. Bid evaluation results for the abovementioned contract shall be synthesized according to the following contents:

I. BASIC INFORMATION

1. Overall introduction to the project and contract

...

- Name of project owner and procuring entity;

- Name of the project and summary of the project;

- Name of the contract and summary of the contract; elements of the contract approved according to the BP.

Relevant legal documents which have been listed and attached (a copy) to this report.

2. Expert Group

a) Composition of the Expert Group

This section shall describe the number, full name, specific designation of individuals participating in the Expert Group, working hours, assigned tasks of members of the Expert Group, change of personnel (if any) and reasons for such change.

b) Working manner of the Expert Group

This section specifies the working manner of this Group which is either group-based or independent in the evaluation process and the manner of evaluating a bid package in the event that there is/are one or several member(s) giving evaluations in contrast to those given by a majority of the remaining members.

...

A copy of a written assignment of tasks of the Expert Group’s members, a copy of a Practising certificate for bidding held by each relevant individual and a document stating the method of bid evaluation that applies to the circumstance under which there is one or several member(s) of the Expert Group giving evaluations in contrast to those given by a majority of the remaining members must be attached to this report.

3. Bid evaluation method

This section summarizes the evaluation method which applies to evaluation of the factors, including capacity and experience of the bidder, technical evaluation and evaluated price determination as referred to in an ITB used for evaluating a BP and simultaneously specifies evaluation standards as defined in which section, chapter or part in the ITB.

II. SUMMARY OF BIDDING PROCESS

Specific contents relating to the bidding process are shown in the Appendix I to this report.

In addition to abovementioned contents, this section shall include:

- List of bidders submitting valid bid packages.

- Issues that may arise and require solutions during the bidding process.

Copies of relevant legal documents must be attached to this report.

...

1. Result of preliminary evaluation

1.1. Evaluation of validity and completeness of a BP; responsiveness of a BP to prerequisite requirements

(a) On the basis of evaluation of validity and completeness (reported by using the Form No.3 of the Appendix II), evaluating whether a BP is responsive to prerequisite requirements (reported by using the Form No.4 of the Appendix II) and synthesizing results of evaluation with respect to these contents by filling out Table No.1 as shown below.

Table No.1

No.

Evaluation element

Bidder A

Bidder B

…

...

Validity and completeness of a BP

Responsiveness to prerequisite requirements set out in a BP

...

CONCLUSION

b) Notes on the cases in which a BP is considered invalid, incomplete and unresponsive to prerequisite requirements. This section shall give detailed explanations as to why a BP is considered invalid, incomplete and unresponsive to prerequisite requirements specified in an ITB (even after any replenishment and clarification of that BP are required by the procuring entity).

...

Record on examination of validity and completeness, record on evaluation of responsiveness to prerequisite requirements set out in each BP (if each member of the Expert Group gives his/her independent evaluations, a evaluation record made by each member should be attached), and a copy of a written request for and a written document indicating replenishment and clarification of the BP (if any) must be attached to this report.

1.2. Result of evaluation of capacity and experience (in the event that prequalification is not applied)

a) On the basis of evaluation of capability and experience of each bidder (reported by using the Form No.5 or the Form No.6 of the Appendix II), results of evaluation of these elements must be synthesized by using the Table No.2 as follows:

Table No.2

No.

Evaluation element

Bidder A

Bidder B

…

...

Experience

Manufacturing and business capability (with respect to procurement of goods) or technical capability (with respect to procurement of civil works)

...

Financial capability

...

CONCLUSION

...

b) Notes on the cases in which a bidder fails to meet capability and experience requirements set out in a BP. This section shall give detailed explanations as to why a bidder fails to meet capability and experience requirements (even after any replenishment and clarification of that BP are required by the procuring entity).

c) Elements of a BP subject to clarification for the purpose of demonstrating capability and experience of a bidder (if any). This section shall clearly define requirements of a procuring entity for any replenishment and clarification as well as for documents indicating any replenishment or clarification of the BP submitted by bidders.

Note: In the event that evaluation of capability and experience of a bidder follows determination of evaluated price, contents obtained in the evaluation of capability and experience shall be shifted down to stand behind point 2.2 paragraph 2 of this section (result of evaluated price determination). Evaluation of capability and experience shall be applicable to the first-ranked bidder. In the event that the first-ranked bidder fails to meet capability and experience requirements, the next-ranked bidder shall have access to evaluation of capability and experience.

Record on evaluation of capability and experience of each bidder (if each member of the Expert Group gives his/her independent evaluations, an evaluation record made by each member should be attached), and a copy of a written request for and a written document indicating replenishment and clarification of the BP (if any) must be attached to this report (if any).

1.3. Conclusions drawn in the preliminary evaluation step

These conclusions shall be synthesized by filling out the Table No.3 as shown below:

Table No.3

No.

Evaluation element

...

Bidder B

…

Bidder X

Result of evaluation of responsiveness to prerequisite requirements set out in a BP ⁽¹⁾

...

Result of evaluation of capability and experience of the bidder ⁽²⁾

CONCLUSION ⁽³⁾

...

Note:

(1) This information field is filled out by referring to the information provided in the Table No.1.

(2) This information field is filled out according to the Table No.2. In the event that prequalification takes place, information about capability and experience of the bidder as defined in the prequalification process should be updated.

(3) This is the conclusion about whether a bidder is responsive to capability and experience requirements with reference to result of evaluation of responsiveness to prerequisite requirements pertaining to capability and experience of the bidder. If an ITB requires evaluation of capability and experience of a bidder to be conducted after determination of the evaluated price, the conclusion about whether that bidder is responsive in the preliminary evaluation step shall be consistent with the result of evaluation of responsiveness to prerequisite requirements set out in an ITB.

2. Result of detailed bid evaluation

2.1. Result of technical evaluation

On the basis of technical evaluation of each BP (reported by using the Form No.7a, 8a, 9a or 10a of the Appendix II), results of evaluation of these elements must be synthesized by using the Form No.7b, 8b, 9b or 10b of the Appendix II.

This section displays the followings:

...

b) List of bidders whose BPs do not meet technical requirements. Listing down name of bidders whose BPs do not meet technical requirements and give detailed explanations for the failure to meet such technical requirements.

c) Information about a BP subject to replenishment and clarification during the evaluation process (if any). This section shall clearly define requirements of a procuring entity for any replenishment and clarification as well as for documents indicating any replenishment or clarification of the BP submitted by bidders.

d) Information to which attention should be paid during the evaluation process. This section specifies information to which attention should be paid during the evaluation process, including the situation in which there is/are one or several evaluation(s) in contrast to those given by a majority of other remaining members and solutions to these situations.

Record on detailed technical evaluation of each BP (if each member of the Expert Group gives his/her independent evaluations, an evaluation record made by each member should be attached), a written synthesis of results of detailed technical evaluation conducted by experts, a copy of a written request for and a written document indicating replenishment and clarification of the BP (if any), and a copy of a written approval of the list of bidders whose BPs meet technical requirements set out by project owners (except for small-scale contracts), must be attached to this report.

2.2. Result of determination of the evaluated price

This section shall only apply to determination of the evaluated price of bidders who have successfully passed the technical evaluation process for the purpose of comparing and rating BPs in conformance to regulations laid down in ITBs.

a) Error correction

On the basis of error correction of each BP (according to the Form No.11 of the Appendix II), the result of error correction shall be synthesized according to the Table No.4 as shown below:

Table No.4

...

Description

Bidder A

Bidder B

…

Bidder X

Total value of arithmetical errors

...

Total value of other errors

Total absolute value of arithmetical errors

...

Ratio of total absolute value of arithmetical errors to the bid price specified in the letter of bid (%)

...

CONCLUSION ⁽¹⁾

Note:

(1) The bidder shall be judged "PASS" if arithmetical errors have the absolute value which does not exceed 10% of the bid price. The bidder shall be judged “FAIL” if arithmetical errors have the absolute value which exceeds 10% of the bid price and/or that bidder rejects these arithmetical errors that the procuring entity have found. In such case, an explanation is required in this section.

Record on correction of errors for each BP (if each member of the Expert Group gives his/her independent evaluations, an error correction record made by each member should be attached), a copy of a notice of the error correction result issued by the procuring entity, and a copy of a written response made by the bidder to the procuring entity’s request for correction of errors, must be attached to this report.

b) Deviation adjustment

...

Table No.5

No.

Description

Bidder A

Bidder B

…

Bidder X

Total value of deviation adjustments

...

Total value of deviation adjustments

...

Ratio of total absolute value of deviation adjustments to the bid price specified in the letter of bid (%)

CONCLUSION ⁽¹⁾

...

Note:

(1) The bidder shall be judged "PASS" if deviations have the absolute value which does not exceed 10% of the bid price. The bidder shall be judged "FAIL" if deviations have the absolute value which exceeds 10% of the bid price.

Record on deviation adjustment of each ITB (if each member of the Expert Group gives his/her independent evaluations, an deviation adjustment record made by each member should be attached) must be attached to this report.

c) Bid price after error correction and deviation adjustment minus discount

Results of conversion of the bid price after error correction and deviation adjustment minus discount shall be synthesized according to the Table No.6 as shown below:

Table No.6

No.

Description

...

Bidder B

…

Bidder X

Bid price after error correction and deviation adjustment

...

Discount

Bid price after error correction and deviation adjustment minus discount

...

d) Conversion of the bid price after error correction and deviation adjustment minus discount into a single currency

If an ITB allows a bidder to give a price quote expressed in different currencies, a report must include conversion of the bid price after error correction and deviation adjustment minus discount (if any) into a single currency according to the conversion rate as referred to in a ITB as the basis for determination of the evaluated price.

Results of conversion of the bid price after error correction and deviation adjustment minus discount (if any) into a single currency shall be synthesized according to the Table No.7 as shown below:

Table No.7

No.

Description

Bidder A

Bidder B

...

Bidder X

Bid price after error correction and deviation adjustment minus discount (if any)

Conversion rate referred to in an ITB

...

Bid price after error correction and deviation adjustment minus discount (if any) converted into a single currency

...

d) Calculation of costs on the same ground

- On the basis of calculation of costs on the same ground for determination of the evaluated price of each BP according to elements defined in an ITB (reported by using the Form No.14 of the Appendix II), results of such conversion must be integrated into the Table No.8 hereof.

- Notes on the principle of calculation of costs on the same ground with respect to cases which are not governed by an ITB (if any).

Record on calculation of costs on the same ground for each BP (if each member of the Expert Group gives his/her independent evaluations, a record on such conversion made by each member should be attached) must be attached to this report.

e) Information to which attention should be paid during the evaluation process (if any)

This section includes information to which attention should be paid during the evaluation process (if any).

3. Bid evaluation summary checklist

With reference to evaluation of a BP conducted by the Expert Group, results of bid evaluation shall be integrated into the Table No.8 with the following basic information:

Table No.8

...

Description

Bidder

…

Result of preliminary evaluation

...

1.1

Result of evaluation of validity and responsiveness to prerequisite requirements

1.2

...

Result of technical evaluation

...

Bid price defined in the letter of bid

Error correction

...

Deviation adjustment

...

Discount (if any)

...

Bid price after deviation adjustment minus discount (=6-7)

Conversion into a single currency (if any)

...

Calculation of costs on the same ground

...

Ranking of BPs

...

Note:

- Fill out the information field 1 (1.1, 1.2) and 2 with “PASS” or “FAIL".

- Fill out the information field 3, 4, 5, 6, 7, 8, 9, 10, 11, and 4, 5, 10 with monetary amounts and currency units which have positive or negative values.

- In the event that an ITB requires that evaluation of capability and experience of a bidder must follow determination of the evaluated price, information about evaluation of capability and experience (row 1.2) should be shifted down to stand behind the information about ranking of BPs (row 12).

4. Evaluation of alternatives or replenishments

In the event that an ITB allows an alternatives or replenishment in order for the procuring entity to obtain a creative proposal from a bidder which promotes higher effectiveness for the contract, an alternate or a supplementary proposal submitted by the first-ranked bidder should be evaluated and specific contents should be proposed so that the procuring entity shall carry out negotiation and contract finalization.

IV. CONCLUSION AND RECOMMENDATION

On the basis of comparison and ranking of ITBs, the Expert Group must reach its conclusion and recommendation relating to the bidding result.

1. With respect to the bidder awarded the contract, recommendation shall include:

...

b) The successful bid price (clearly define whether the quoted price has included taxes, etc.)

c) Contract type

d) Validity term of the contract.

dd) Important notice (if any).

2. If a bidder awarded multiple contracts, review of this bidder’s capability of performing such contracts is advised.

3. In the event that it is impossible to select the bidder awarded the contract, reasons and proposed solutions must be provided.

V. SIGNATURE OF RESPONSIBLE MEMBERS OF THE EXPERT GROUP

1. For the purposes of this section, the head and all of members of the Expert Group are required to include their signature and full name.

2. If there is any member that wishes to reserve his/her opinion, his/her full name and reserved opinion must be specified (including signature for confirmation).

...

APPENDIX

Appendix I.

SUMMARY OF BIDDING PROCESS

No.

Description

Attached duplicate document

Pre-bid process

...

[define publication means, number and date]

Print newspaper copy

Pre-qualification of bidders (if any)

2.1

Publication of invitation for prequalification

[define publication means, number and date]

Print newspaper copy

2.2

...

[define the actual date of issue of prequalification documents]

2.3

Closing date of prequalification

[define the closing date of prequalification]

2.4

Extension of the closing date of prequalification (if any)

[define the new closing date of prequalification]

...

2.5

The number of bidders receiving prequalification documents

[define the number of bidders]

2.6

The number of bidders submitting their prequalification documents as at the closing date of prequalification

[define the number of bidders]

2.7

...

[define the number of days]

2.8

Notification of prequalification result

[define date and number of written notification of prequalification result]

Written notification of prequalification result

2.9

List of bidders surviving prequalification

[list bidders surviving prequalification]

...

2.10

Publication of the list of bidders surviving prequalification

[define publication means, number and date]

Print newspaper copy

Invitation to bid

3.1

Competitive bidding without prequalification

3.1.1

...

[define publication means, number and date]

Print newspaper copy

3.1.2

Date of issue of ITB documents

[define the actual date of issue of ITB documents]

3.1.3

Clarification of ITB documents (if any)

[define date of issue of written request for clarification by bidders and written clarification of ITB documents by the procuring entity]

...

3.1.4

Date of pre-bid conference

[define date of pre-bid conference]

Record of pre-bid conference (if any)

3.1.5

Amendments to ITB documents (if any)

[define the date of issue of written amendments to ITB documents]

Written amendments, ITB documents (if any)

3.1.6

...

[define the bid closing date]

3.1.7

Extension of the bid closing date (if any)

[define the bid closing date]

Written permission for extension of the bid closing date and a copy of print newspaper with publication of notice of such extension (if any)

3.1.8

List of bidders buying ITB documents

[list bidders buying ITB documents]

...

3.1.9

List of bidders submitting BPs as at the bid closing date

[list bidders submitting BPs as at the bid closing date]

Document confirming bidder’s submission of BPs

3.1.10

List of bidders submitting BPs after the bid closing date

[list bidders submitting BPs after the bid closing date]

3.2

...

3.2.1

Date of sending ITBs to shortlisted bidders

[define that date]

3.2.2

Publication of the shortlist

[define publication means, number and time]

Print newspaper copy

3.2.3

...

[define the actual date of issue of ITB documents]

3.2.4

Clarification of ITB documents (if any)

[define date of issue of written request for clarification by bidders and written clarification of ITB documents by the procuring entity]

Written request for clarification by bidders and written clarification of ITB documents by the procuring entity (if any)

3.2.5

Date of pre-bid conference (if any)

[define date of pre-bid conference]

...

3.2.6

Amendments to ITB documents (if any)

[define the date of issue of written amendments to ITB documents]

Written amendments, ITB documents (if any)

3.2.7

Bid closing date

[define the bid closing date]

3.2.8

...

[define the bid closing date]

Written permission for extension of the bid closing date and a copy of print newspaper with publication of notice of such extension (if any)

3.2.9

List of bidders buying ITB documents

[list bidders buying ITB documents]

Proof of these bidders' buying ITB documents

3.2.10

List of bidders submitting BPs as at the bid closing date

[list bidders submitting BPs as at the bid closing date]

...

3.2.11

List of bidders submitting BPs after the bid closing date

[list bidders submitting BPs after the bid closing date]

Bid opening

Bid opening date and venue

[define bid opening date and venue]

...

Other issues that may arise during the bid opening process (if any)

[define other issues and solutions]

Appendix II.

FORMS

This section includes relevant forms referred to in the report.

Form No.1

...

Attached documents contained in such list are shown as follows:

No.

Description

Number, sign and date (if any)

Written approval of project or budget estimate (with respect to recurrent shopping)

Written approval of the BP/ adjusted BP

...

Loan agreement or contract (if applicable)

Written approval of invitation for prequalification (if applicable)

Written approval of the shortlist (if applicable)

...

Design documents (the Decision on approving design or design consultancy contractor if applicable), enclosing the approved budget estimate (with respect to procurement of civil works)

Written approval of ITBs

Document stating establishment of the Expert Group or contract to hire a BP assessment firm or organization

...

Certificates for bidding Practising held by members of the Expert Group

Document indicating extension of the closing date of prequalification (if applicable)

Written request for clarification of ITB documents by bidders (if applicable)

...

Written request for clarification of ITB documents by the procuring entity (if applicable)

Record of the pre-bid conference (if available)

Document indicating amendments to ITB documents (if applicable)

...

Written permission for extension of the bid closing date (if applicable)

Proof of bidders’ purchase of ITB documents

Written confirmation of bidders’ submission of BPs

...

Evaluation report of members of the Expert Group (compiled by using the Form No. 3, 4, 5, 6, 7a, 8a, 9a, 10a, 11, 12, 13, 14 of this Appendix)

Synthesis report of technical evaluations (compiled by using the Form No. 7b, 8b, 9b and 10b of this Appendix)

Written approval of the list of bidders who meet technical requirements ^([1])

...

Written requests for replenishment and clarification of BPs (if applicable)

Documents stating replenishment and clarification of BPs (if applicable)

Written notification of the result of error correction of BPs sent by the procuring entity to bidders

...

Written response of error correction sent by bidders to the procuring entity (if applicable)

Reference exchange rate specified in ITBs which is used for conversion of the successful bid price into a single currency (if applicable)

Written approval of the ranking list of bidders

...

A copy of print newspaper with publication of notice for invitation for prequalification (if applicable)

A copy of print newspaper with publication of notice for extension of the closing date of prequalification (if applicable)

A copy of print newspaper with publication of the list of bidders surviving prequalification (if applicable)

...

A copy of print newspaper with publication of notice for invitation to bid

A copy of print newspaper with publication of notice for extension of the bid closing date (if applicable)

Other related documents

...

Form No.2

[NAME OF PROJECT OWNER] [NAME OF PROCURING ENTITY]

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness
--------------

_____, date______

BID OPENING RECORD

The bid opening will take place at ________[specify the bid opening venue] and begin on_______ [specify the bid opening date]

...

I. Name of the project: ________ [specify the project referred to in the approved investment decision]

I. Name of the contract: ________ [specify the contract referred to in the approved investment plan]

III. Procuring entity and bidders submitting BPs:

1. Procuring entity: ________[write name of the procuring entity]

2. Bidders buying ITB documents: ________ [specify name of bidders buying ITB documents]

3. Bidders submitting BPs in conformance with regulations _______ [specify name and address of bidders submitting BPs in accordance with regulations]

4. Bidders submitting BPs after the bid closing date: _______ [specify name and address of bidders submitting BPs after the bid closing date]

IV. Composition of participants in the bid opening _____ [specify relevant organizations or individuals participating in the bid opening]

B. SIGNIFICANT INFORMATION OF THE BID OPENING

...

Description

Bidder A

Bidder B

…

Bidder X

Sealing condition of outer envelope of bid

...

Written application for withdrawal of bid (if applicable) (1)

The number of original bids

...

The number of duplicate bids

...

Validity period of bid (clearly define the validity period of bid referred to in the letter of bid)

Bid price (the price referred to in the letter of bid from which discount is subtracted if applicable)

...

Discount (if any)

Form, value and validity term of bid security

...

Written application for modification of bid (if applicable)

...

Validity term of the contract

Other information

...

C. OTHER ISSUES (IF ANY)

D. SIGNATURE

The bid opening ends at [specify the time/date of ending the bid opening]

Signatures of related participants in the bid opening _________

[Signatures of representative of the procuring entity, representatives of bidders and representatives of related bodies participating in the bid opening] _________

Form No.3

CHECKING OF BID VALIDITY AND COMPLETENESS

...

No.

Description

Result ⁽¹⁾

Note

Pass

Fail

Validity of the letter of bid

...

Validity of joint venture agreement

Eligibility of bidder

...

The number of original and duplicate bids

Validity of bid security

...

Annexure or attached documents

CONCLUSION ⁽²⁾

...

Responsible official

(Signature and full name)

Note:

- (1) With respect to each component in the “description” column subject to examination, if it is judged “pass”, please mark “X” into the appropriate box in the column “pass” (if it is judged “pass” after any amendment or clarification, the equivalent column "note" must be filled out with this). Otherwise, if it is judged “fail”, please mark “X” into the appropriate box in the column "fail" of the column “result” and give reasons for such failure in the equivalent column “note”.

- (2) Bidder shall be judged “PASS" provided that all of components are judged "pass". Bidder shall be judged “FAIL" only when there is at least one component which is judged “fail”.

...

Form No.4

EVALUATION OF RESPONSIVENESS TO PREREQUISITE REQUIREMENTS

BP of the bidder________

No.

Evaluation components

Result of evaluation

Note

Pass

...

Being present in the list of bidders who buy ITB documents or being allowed to change the eligibility for participation in procurement in accordance with stated regulations

Eligibility of bidder

...

Ensuring competition during the bidding process

Meeting requirements relating to construction capability in accordance with laws on construction (with respect to procurement of civil works)

...

Valid joint venture agreement

Valid bid security

...

Having the original BP

Valid letter of bid

...

Validity of the BP that meet specified requirements

A bid with the fixed-price, or a bid which is not at multiple price levels or does not contain the quoted price and conditions that can cause disadvantages to the project owner

...

Do not participate in two or more bids as a main contractor (independent contractor or partners to a joint venture)

Do not engage in prohibited bidding activities as defined in Article 12 of the Bidding Law, paragraph 3 and 21 Article 2 of the Amendment Law

...

Other important requirements ⁽²⁾

CONCLUSION ⁽³⁾

...

Responsible official

(Signature and full name)

Note:

- (1) With respect to each component in the “evaluation components” column subject to evaluation, if it is judged “pass”, please mark “X” into the appropriate box in the column “pass” (if it is judged “pass” after any amendment or clarification, the equivalent column "note" must be clearly filled out with this). Otherwise, if it is judged “fail”, please mark “X” into the appropriate box in the column "fail" of the column “result of evaluation” and give reasons for such failure in the equivalent column “note”.

- (2) Specify other important requirements included in an ITB.

- (3) Bidder shall be judged “PASS" provided that all of components are judged "pass". Bidder shall be judged “FAIL" only when there is at least one component which is judged “fail”.

- (4) If the group-based evaluation is carried out, signatures and full names of all group members should be provided.

...

Form No.5

RESULT OF EVALUATION OF CAPABILITY AND EXPERIENCE OF THE BIDDER

BP of the bidder:________

No.

Evaluation components ⁽¹⁾

“Pass” benchmark referred to in an ITB

Result of evaluation ⁽²⁾

Note

...

- Number of similar contracts which have been executed as a main contractor or subcontractor in Vietnam and overseas countries for recent______years

- Number of similar contracts with scope of work assigned in a joint venture to partners to such joint venture

- Number of years of operating in the main manufacturing and business sector

- Other contents (if any)

Manufacturing and business capability:

...

- Technical infrastructure systems

- Total number of employees, including existing ones who have professional and technical competence.

- Other contents (if any)

Financial capability

...

3.1

Revenue

3.2

Healthy financial status

...

Other requirements (if any)

CONCLUSION ⁽³⁾

...

Responsible official ⁽⁴⁾

(Signature and full name)

Note:

- (1) These evaluation components relating to capability and experience of bidders shall correspond to evaluation standards for capability and experience of bidders as referred to in ITBs.

- (2) With respect to each component in the “evaluation components” column subject to evaluation, if it is judged “pass”, please mark “X” into the appropriate box in the column “pass” (if it is judged “pass” after any amendment or clarification, the equivalent column "note" must be clearly filled out with this). Otherwise, if it is judged “fail”, please mark “X” into the appropriate box in the column "fail" of the column “result of evaluation” and clearly give reasons for such failure in the equivalent column “note”.

- (3) Bidder shall be judged “PASS" provided that all of components are judged "pass". Bidder shall be judged “FAIL" only when there is at least one component which is judged “fail”.

- (4) If the group-based evaluation is carried out, signatures and full names of all group members should be provided.

...

Form No.6

EVALUATION OF CAPABILITY AND EXPERIENCE OF A BIDDER

(with respect to procurement of civil works)

BP of the bidder________

No.

Evaluation components ⁽¹⁾

“Pass” benchmark referred to in an ITB

Result of evaluation ⁽²⁾

Note

...

Experience:

1.1

General experience of civil works

- Number of years of operating in the construction field

...

1.2

Past performance of provision of civil works for similar contracts

- Number of similar contracts which have been executed as a main contractor or subcontractor in Vietnam and overseas countries for recent______years

- Number of similar contracts with scope of work assigned in a joint venture to partners to such joint venture

Technical capability

...

2.1

Construction Practising capability

2.2

Key staff

...

2.3

Main construction equipment

Financial capability

...

3.1

Revenue

3.2

Healthy financial status

...

Other requirements (if any)

CONCLUSION ⁽³⁾

...

Responsible official ⁽⁴⁾

(Signature and full name)

Note:

- (1) These evaluation components relating to capability and experience of bidders shall correspond to evaluation standards for capability and experience of bidders as referred to in ITBs.

- (3) Bidder shall be judged “PASS" provided that all of components are judged "pass". Bidder shall be judged “FAIL" only when there is at least one component which is judged “fail”.

...

Form No.7a

TECHNICAL EVALUATION FOR PROCUREMENT OF GOODS

(by using the point system) ⁽¹⁾

BP of the bidder________

No.

Required contents

Point range referred to in an ITB

Evaluation point

...

Maximum point

Minimum point

Scope of provision

...

Economic rationality and efficiency of technical solutions and approaches to supply of goods

...

Equipment installation possibility and technical staff capacity

Level of satisfaction of maintenance requirements

...

Geographical adaptability

...

Financial affordability

...

Execution period

Technological transfer training

...

Other contents (if any)

...

CONCLUSION ⁽²⁾

...

(Signature and full name)

Note:

- (1) The point system used in the technical evaluation process shall not be applied to small-scale procurement.

- (2) The bidder shall be judged "PASS" only when the evaluation point is not lower than the minimum technical point. Meanwhile, the bidder shall be judged "FAIL" only when the evaluation point is lower than the minimum technical point.

- (3) If the group-based evaluation is carried out, signatures and full names of all group members should be provided.

Form No.7b

...

(by using the point system) ⁽¹⁾

No.

Required contents ⁽²⁾

Bidder A

Bidder B

…

Bidder X

Scope of provision

...

Technical attributes and specifications of goods and production standards

...

Economic rationality and efficiency of technical solutions and approaches to supply of goods

Equipment installation possibility and technical staff capacity

...

Level of satisfaction of maintenance requirements

Geographical adaptability

...

Environmental impact and solutions

...

Financial affordability

Execution period

...

Technological transfer training

Other contents (if any)

...

TOTAL

...

CONCLUSION ⁽³⁾

Note:

- (1) This aims at synthesizing evaluation results obtained from members of the Expert Group by using the form 7a of this Appendix.

- (2) As for each required content, write the evaluation point for each bidder who has passed the preliminary evaluation into the appropriate box. The evaluation point shall be determined according to the principle defined in subparagraph b, paragraph 2 of section 1.

- (3) The bidder shall be judged "PASS" only when the evaluation point is not lower than the minimum technical point. Meanwhile, the bidder shall be judged "FAIL" only when the evaluation point is lower than the minimum technical point.

...

Form No.8a

TECHNICAL EVALUATION FOR PROCUREMENT OF GOODS

(by using the pass/fail system)

BP of the bidder________

No.

Required contents

“Pass” benchmark referred to in an ITB

Result of evaluation ⁽¹⁾

Note

...

Scope of provision

Technical attributes and specifications of goods and production standards

...

Economic rationality and efficiency of technical solutions and approaches to supply of goods

Equipment installation possibility and technical staff capacity

...

Level of satisfaction of maintenance requirements

Geographical adaptability

...

Environmental impact and solutions

Financial affordability

...

Execution period

Technological transfer training

...

Other contents (if any)

CONCLUSION ⁽²⁾

...

(Signature and full name)

Note:

- (1) With respect to each component in the “evaluation components” column subject to evaluation, if it is judged “pass”, please mark “X” into the appropriate box in the column “pass” (if it is judged “pass” after any amendment or clarification, the equivalent column "note" must be clearly filled out with this). Otherwise, if it is judged “fail”, please mark “X” into the appropriate box in the column "fail" of the column “result of evaluation” and clearly give reasons for such failure in the equivalent column “note”.

- (2) A BP shall be judged “PASS” only when all of basic required contents as referred to in an ITB are judged “pass”. Non-basic required contents as referred to in an ITB shall be judged “pass” or “acceptable”. Bidders shall be judged “FAIL” only when there is at least one content judged “fail”.

- (3) If the group-based evaluation is carried out, signatures and full names of all group members should be provided.

Form No.8b

SYNTHESIS OF TECHNICAL EVALUATION RESULTS FOR PROCUREMENT OF GOODS

...

No.

Required contents

Bidder A

Bidder B

…

Bidder X

Scope of provision

...

Technical attributes and specifications of goods and production standards

...

Equipment installation possibility and technical staff capacity

...

Level of satisfaction of maintenance requirements

Geographical adaptability

...

Environmental impact and solutions

...

Execution period

...

Technological transfer training

Other contents (if any)

...

CONCLUSION ⁽²⁾

Note:

- (1) This aims at synthesizing evaluation results obtained from members of the Expert Group by using the form 8a of this Appendix.

...

Form No.9a

TECHNICAL EVALUATION FOR PROCUREMENT OF CIVIL WORKS

(by using the point system) ⁽¹⁾

BP of the bidder________

No.

Required contents

Point range referred to in an ITB

Evaluation point

...

Maximum point

Minimum point

Rationality and feasibility of technical solutions

...

Conformance to environmental sanitation requirements and other requirements relating to fire prevention, firefighting and workplace safety

...

Level of satisfaction of maintenance requirements

Quality assurance methods

...

Financial affordability

...

Other contents (if any)

...

Total

CONCLUSION ⁽²⁾

...

Responsible official ⁽³⁾

(Signature and full name)

Note:

- (1) The point system used in the technical evaluation process shall not be applied to small-scale procurement.

- (3) If the group-based evaluation is carried out, signatures and full names of all group members should be provided.

...

SYNTHESIS OF TECHNICAL EVALUATION RESULT FOR PROCUREMENT OF CIVIL WORKS

(by using the point system) ⁽¹⁾

No.

Required contents ⁽²⁾

Bidder A

…

Bidder X

...

Rationality and feasibility of construction methods

...

Conformance to environmental sanitation requirements and other requirements relating to fire prevention, firefighting and workplace safety

Level of satisfaction of maintenance requirements

...

Quality assurance methods

...

Construction progress

...

Other contents (if any)

TOTAL

...

CONCLUSION ⁽³⁾

Note:

- (1) This aims at synthesizing evaluation results obtained from members of the Expert Group by using the form 9a of this Appendix.

- (2) As for each required content, write the evaluation point for each bidder into the appropriate box. The evaluation point shall be determined according to the principle defined in subparagraph b, paragraph 2 of section 1.

...

Form No.10a

TECHNICAL EVALUATION FOR PROCUREMENT OF CIVIL WORKS

(by using the pass/fail system)

BP of the bidder________

No.

Required contents

“Pass” benchmark referred to in an ITB

Result of evaluation ⁽¹⁾

...

Feasibility of technical solutions

Feasibility of construction methods

...

Conformance to environmental sanitation requirements and other requirements relating to fire prevention, firefighting and workplace safety

Level of satisfaction of maintenance requirements

...

Quality assurance methods

Financial affordability

...

Construction progress

Other contents (if any)

...

CONCLUSION ⁽²⁾

Responsible official ⁽³⁾

(Signature and full name)

Note:

...

- (3) If the group-based evaluation is carried out, signatures and full names of all group members should be provided.

Form No.10b

SYNTHESIS OF TECHNICAL EVALUATION RESULT FOR PROCUREMENT OF CIVIL WORKS

(by using the pass/fail system) ⁽¹⁾

No.

Required contents

Bidder A

...

…

Bidder X

Feasibility of technical solutions

...

Conformance to environmental sanitation requirements and other requirements relating to fire prevention, firefighting and workplace safety

...

Level of satisfaction of maintenance requirements

Quality assurance methods

...

Financial affordability

...

Other contents (if any)

...

CONCLUSION ⁽²⁾

Note:

- (1) This aims at synthesizing evaluation results obtained from members of the Expert Group by using the form 10a of this Appendix.

...

ERROR CORRECTION

BP of the bidder________

No.

Contents subject to error correction ⁽¹⁾

Error correction method

Value of arithmetical error

Total absolute value of arithmetical error

Value of other error

...

…

...

Total

(i)

(ii)

(iii)

Bid price (specified in the letter of bid)

(iv)

Bid price after error correction

...

Ratio of total absolute value of arithmetical error to the bid price (%)

= (ii)/(iv) * 100%

CONCLUSION ⁽²⁾

Responsible official ⁽³⁾

(Signature and full name)

...

- (1) This section describes components subject to correction of errors (arithmetical and other errors) and equivalent contents referred to in a BP.

- (2) The bidder shall be judged "SATISFACTORY" if arithmetical errors have the absolute value which does not exceed 10% of the bid price. The bidder shall be judged “NOT SATISFACTORY” if arithmetical errors have the absolute value which exceeds 10% of the bid price or that bidder rejects these arithmetical errors that the procuring entity has found.

- (3) If the group-based evaluation is carried out, signatures and full names of all group members should be provided.

Form No.12

DEVIATION ADJUSTMENT

BP of the bidder________

No.

Contents subject to deviation adjustment

...

Value of deviation

Absolute value of deviation

...

…

...

Total

(i)

(ii)

Bid price (specified in the letter of bid)

(iii)

Bid price after deviation adjustment

= (iii) + (i)

...

= (ii)/(iii) * 100%

CONCLUSION ⁽²⁾

Responsible official ⁽³⁾

(Signature and full name)

Note:

...

- (2) The bidder shall be judged "PASS" if deviations have the absolute value which does not exceed 10% of the bid price. The bidder shall be judged "FAIL" if deviations have the absolute value which exceeds 10% of the bid price.

- (3) If the group-based evaluation is carried out, signatures and full names of all group members should be provided.

Form No.13

CONVERSION OF THE SUCCESSFUL BID PRICE TO A SINGLE CURRENCY ⁽¹⁾

BP of the bidder________

Bid price after error correction and deviation adjustment minus discount (if any)

Conversion rate referred to in an ITB

Conversion of the bid price after error correction and deviation adjustment minus discount into a single currency

...

Responsible official ⁽²⁾

(Signature and full name)

Note:

- (1) If an ITB allows a bidder to give a price quote expressed in various currencies, this report must include conversion of the successful bid price (the bid price after error correction and deviation adjustment minus discount) into a single currency with reference to the conversion rate as referred to in an ITB as the basis for determination of the evaluated price.

- (2) If the group-based evaluation is carried out, signatures and full names of all group members should be provided.

Form No.14

CALCULATION OF COSTS ON THE SAME GROUND FOR DETERMINATION OF THE EVALUATED PRICE

...

No.

Components subject to calculation of costs on the same ground

Method of calculation of costs on the same ground

Cost

Technical conditions:

+ Progress of execution

+ Costs incurred by management, operation, repair, maintenance and useful life of construction works

+ Other technical factors

...

Financial and commercial conditions

Preference to be applied in the international bidding process

...

Other factors

TOTAL

Responsible official ⁽¹⁾

(Signature and full name)

...

In this section, factors calculated on the same ground for determination of the evaluated price as referred to in an ITB and other equivalent costs shall be converted into the same ground. Components subject to such calculation include technical, financial and commercial conditions; international bidding preference (if any); other factors to be determined according to the contents mentioned in an ITB.

Note:

(1) If the group-based evaluation is carried out, signatures and full names of all group members should be provided.

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Circular No 09/2010/TT-BKH of Apirl 21, 2010, detailing the making of reports on evaluation of bid dossiers applicable to procurement and construction and installation bid packages

Official number:	09/2010/TT-BKH	Legislation Type:	Circular
Organization:	The Ministry of Planning and Investment	Signer:	Vo Hong Phuc
Issued Date:	21/04/2010	Effective Date:	Premium
Gazette dated:	Updating	Gazette number:	Updating
		Effect:	Premium

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Circular No 09/2010/TT-BKH of Apirl 21, 2010, detailing the making of reports on evaluation of bid dossiers applicable to procurement and construction and installation bid packages

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