Thông tư 15/2010/TT-BKH

CIRCULAR

DETAILING THE MAKING OF REPORTS ON EVALUATION OF BID DOSSIERS APPLICABLE TO CONSULTANCY SERVICE BID PACKAGES

Pursuant to November 29, 2005 Bidding Law No. 61/2005/QHII;

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 consultancy service bid packages as follows:

Article 1. Scope of regulation

1. This Circular applies to consultancy service bid packages under projects regulated by the Bidding Law when applying the form of domestic and international open or restricted bidding for selection of institutional consultancy contractors.

2. For consultancy service bid packages under ODA-funded projects, the model report on evaluation of bid dossiers for consultancy service bid packages attached to this Circular may be applied if so agreed by donors, which may be amended and supplemented according to bidding provisions in treaties to which the Socialist Republic of Vietnam is a contracting party or international agreements which have been signed by competent agencies or organizations of the Socialist Republic of Vietnam.

Article 2. Subjects of application

This Circular applies to groups of bidding experts or organizations or units directly evaluating bid dossiers for consultancy service bid packages, including bidding consultancy and professional bidding organizations (below referred to as groups of bidding experts).

Article 3. Model report on evaluation of bid dossiers for consultancy service bid packages

The model report on evaluation of bid dossiers for consultancy service bid packages attached to this Circular has the following principal details:

I. Principal information

1. General introduction to the project and bid packages

2. Group of bidding experts

3. Methods of evaluating bid dossiers

4. Summary of the bidding process

II. Results of preliminary evaluation

III. Results of detailed evaluation

1. Technical evaluation

2. Financial evaluation

3. General evaluation

IV. Contract negotiation

V. Conclusions and recommendations

VI. Signatures of members of the group of bidding experts

VII. Appendices.

When applying this model dossier, groups of bidding experts shall base on bidding dossiers, bid dossiers and documents of requirements and explanations to clarify bidding dossiers and bid dossiers, opinions of members directly evaluating bid dossiers and relevant documents to ensure the truthfulness, objectivity and transparency of bidding results.

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 may not be concurrently approvers of bidding results.

In this model report, words in italic are for instructive and illustrative purposes which may be specified by users to meet 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. Groups of bidding experts shall ensure compliance with the bidding law when modifying or supplementing information in words in regular font size in this model report and shall take responsibility before law for modified or supplemented details.

Article 4. Organization of implementation

1. This Circular takes effect on September 1, 2010.

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.

TEMPLATE OF A BID PACKAGE

(applied to consulting service contract)

(Enclosed with Circular No. 15/2010/TT-BKH dated June 29, 2010 of the Ministry of Planning and Investment)

REPORT ON ASSESSMENT OF BID PACKAGE

 (name of the contract)

(name of the project)

(name of the investor)

TABLE OF CONTENTS

Abbreviation ..............................................................................................................

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

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

2. Bidding council .......................................................................................................

3. Bid package assessment method...........................................................................

4. Summary of the bidding process ............................................................................

II. Preliminary assessment result ................................................................................

1. Inspection of validity and adequacy of the technical proposal ................................

2. Assessment of fulfillment of preconditions in the Invitation to bid (ITB)...................

III. Detailed assessment result ....................................................................................

1. Technical assessment ...........................................................................................

2. Financial assessment ............................................................................................

3. Overall assessment ...............................................................................................

IV. Contract negotiation ............................................................................................

V. Conclusion and proposals ....................................................................................

VI. Signatures of members of the bidding council .....................................................

VII. Appendices .......................................................................................................

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

Appendix II. Templates ............................................................................................

Template No. 1 List of enclosed documents ............................................................

Template No. 2. Record on technical proposal opening ...........................................

Template No. 3: Inspection of validity and adequacy of a particular technical proposal ................

Template No. 4: Assessment of fulfillment of preconditions of a particular technical proposal  .....

Template No. 5: Technical assessment .....................................................................

Template No. 6. Record on financial proposal opening .............................................

Template No. 7: Assessment of fulfillment of preconditions of a particular financial proposal .......

Template No. 8: Correction or errors ..........................................................................

Template No. 9: Adjustment of deviation ....................................................................

Abbreviation

REPORT ON BID PACKAGE ASSESSMENT

Contract ________ [name of the contract]

of _______________ [name of the project]

To: ____ [Name of the procuring party]

The bidding council is established by ____ [name of the investor] under the Decision No. ____ [Number and date of issue] to assess bid packages for _______________ [name of the contract] of  ____ [name of the project]. ^([1]) 

According to the ITB and bid packages sent by bidders, the bidding council has assessed the bid packages from __________ to ____________ [date] Result of a bid package assessment:

I. BASIC INFORMATION

1. Introduction of the project and contract

This part provides overall information about the project, the contract, and legal documents that are basis for contract execution:

- Name of the investor, procuring party;

- Name of the project and project summary;

- Name of the contract, contract summary, contents of the contract which is approved in the bidding plan.

Relevant legal documents are enumerated and enclosed to this report (photocopies).

2. Bidding council (2)

a) Composition of the bidding council

This part specifies the quantity, full names, positions of every member of the bidding council, working time of the bidding council, tasks of the members, replacement of members (if any) and explanation.

b) Working methods of the bidding council

This part specifies whether members of the bidding council shall work in groups or independently during the assessment, and method for assessing bid packages if one or some members of the bidding council give a different assessment from that given by the rest.

The arithmetic mean of the scores given by members that assess bid packages shall apply. When giving scores, it is necessary to discuss if the score by a member is greatly different (too high or to low) compared to that given by other members, then: (i) such member shall be requested to give another score; (ii) if such member retains his/her opinion, his/her score might not be used when calculating the arithmetic mean.

This report is enclosed with: a photocopy of the task description of every member of the bidding council, photocopies of qualifications in bidding of every member, regulations on method for bid package assessment in case one or some members of the bidding council give a different assessment from that given by the rest.

3. Bid package assessment method

This part summarizes the assessment method mentioned in the ITB, which is used to assess bid packages, and the parts, chapters and sections of the ITB that contain the assessment standards.

4. Summary of the bidding process

Detailed information about the bidding process shall be provided in Appendix I of this report

Apart from the said information, this part shall also provide information about:

- The list of bidders that submit their bid packages properly and have their technical proposals opened.

- Problems that need to be dealt with before bidding.

This report is enclosed with photocopies of some relevant documents.

Notes:

When during open bidding or restrictive bidding for a consulting service contract, the method shall be two-envelop bidding, the technical proposal of which shall be opened first; the financial proposal shall be opened after the technical proposal assessment result is available. This part shall present the bidding process up to the opening of the technical proposal.

II. Preliminary assessment result 

1. Inspection of validity and adequacy of the technical proposal

Based on inspection of the validity and adequacy according to requirements in the ITB (using Template 3 in Appendix II), the inspection results shall be presented in Table 1 below:

Table 1

Notes:

Result of validity and adequacy inspection is derived from the results given by members of the bidding council (Template 3 in Appendix II). This result does not decide the elimination of a bid package. A bid package shall only be eliminated if it fails to meet the preconditions in ITB as specified in Section 2 of this part.

The information below shall be provided in this part:

a) Description of cases of invalid or inadequate technical proposals. This part shall provide detailed description of invalid, inadequate technical proposals (including those supplemented/ clarified at the request of the procuring party).

b) Supplementation/clarification of technical proposal (if any). This part shall specify the request for supplementation/ clarification from the procuring party, the bidders’ supplementing/clarifying documents relevant to the validity and adequacy of technical proposals.

This report is enclosed with: a note of validity and adequacy inspection (if each member gives an independent assessment, the notes of inspections of every member shall be enclosed); photocopies of requests for supplementation/clarification and supplementing/clarifying documents (if any).

2. Assessment of fulfillment of preconditions in ITB

Based on assessment of fulfillment of preconditions of each technical proposal (using Template 4 in Appendix II), the assessment results shall be presented in Table 2 below:

Table 2  

Notes:

(1) A bidder is considered PASSED after preliminary assessment if preconditions in the ITB are satisfied; a bidder is considered FAILED if preconditions in the ITB are not satisfied.

The information below shall be provided in this part:

a) Description of the proposals that fail to satisfy preconditions in the ITB. This part shall provide detailed description of technical proposals that fail to satisfy preconditions in the ITB (including those supplemented/clarified at the request of the procuring party).

b) Supplementation/clarification of technical proposals for purpose of proving the legitimacy of the bidders (if any). This part shall specify the request for supplementation/clarification from the procuring party, the supplementing/clarifying documents provided by bidders.

This report is enclosed with: a note of assessment of fulfillment of preconditions (if each member gives an independent assessment, the notes of assessment of every member shall be enclosed); photocopies of requests for supplementation/ clarification of technical proposals, and supplementing/ clarifying documents (if any).

III. Detailed assessment result  

1. Technical assessment

Based on technical assessment of each technical proposal (using Template 5 in Appendix II), the assessment results shall be presented in Table 3 below:

Table 3

Notes:

(1) A bidder is considered PASSED if the score of the technical proposal is not lower than the minimum score prescribed in the ITB. A bidder is considered FAILED if the score of the technical proposal is lower than the minimum score prescribed in the ITB.

The information below shall be provided in this part:

a) Description of cases of failed technical proposals. This part shall provide detailed description of technical proposals that fail to satisfy technical requirements in the ITB (including those supplemented/clarified at the request of the procuring party).

b) Supplementation/ clarification of technical proposal during the assessment (if any). This part shall specify the request for supplementation/clarification from the procuring party, the supplementing/clarifying documents provided by bidders.

c) Remarks during assessment (if any). This part specifies the remarks given during the assessment, including the case in which one or some members of the bidding council give a different assessment from that given by the majority of members, and solution for such case.

This report is enclosed with: a note of detailed technical assessment of each technical proposal (if each member gives an independent assessment, the notes of assessment of every member shall be enclosed); photocopies of requests for supplementation/clarification of technical proposals, and supplementing/clarifying documents (if any); a photocopy of the written approval for the list of bidders having technical proposals that meet technical requirements from the investor.

2. Financial assessment⁽[2]⁾

2.1. Financial proposal opening

If the consulting service contract does not have strict technical requirements, all bidders whose technical proposals satisfy technical requirements in the ITB shall have their financial proposal opened. The record on financial proposal opening shall be made using Template No. 6 in Appendix II.

The information below shall be provided in this part:

- Time and place where financial proposals are opened;

- List of bidders whose financial proposals are opened;

- Other issues that need to be dealt with during the opening of financial proposals.

This report shall be enclosed with: written notifications to passed bidders of time and location for financial proposal opening; the record on financial proposal opening.

2.2. Financial assessment result

a) Assessment of fulfillment of preconditions of financial proposals

Based on assessment of fulfillment of preconditions of each financial proposal (using Template 7 in Appendix II), the assessment results shall be presented in Table 4 below:

 Table 4

The information below shall be provided in this part:

Description of the financial proposals that fail to satisfy preconditions. This part shall provide detailed description of the financial proposals that fail to satisfy preconditions in the ITB.

This report is enclosed with: a note of assessment of fulfillment of preconditions of each financial proposal (if each member gives an independent assessment, the notes of assessment of every member shall be enclosed).

b) Error correction

Based on correction of errors of each financial proposal that satisfy preconditions(using Template 8 in Appendix II), the error correction results shall be presented in Table 5 below:

Table 5

Notes:

(1) A bidder is considered PASSED when such bidder admit the errors (including arithmetic errors and other errors) detected by the procuring party. (2) A bidder is considered FAILED when such bidder denies the errors (including arithmetic errors and other errors) detected by the procuring party.

This report is enclosed with: a note of error correction to each financial proposal (if each member gives an independent assessment, the notes of assessment of every member shall be enclosed); photocopies of written notifications of error correction to financial proposals sent by the procuring party to the bidders; photocopies of bidders’ responses to the error correction by the procuring party.

c) Adjustment of deviation

Based on adjustment of deviation of each bid package, which contains insufficient or redundant offers (using Template 9 in Appendix II), deviation adjustment results shall be presented in Table 6 below:

Table 6

This report is enclosed with: a note of adjustment of deviation of each bid package (if each member gives an independent assessment, the notes of every member shall be enclosed).

d) Bid prices after correction of errors and adjustment of deviation minus (-) reduction value (if any) and determination of financial score.

Result of financial assessment shall be presented in Table 7 below:

Table 7

Notes:

(1) In case the ITB allows bidders to bid in various currencies, the bid price after correction of errors and adjustment of deviation minus (-) reduction value (if any) must be converted into an agreed currency using the exchange rates prescribed by the ITB in order to determine the financial score.

(2) The financial score shall be given using the formula provided for in the ITB.

dd) Remarks during assessment (if any).

Remarks given during assessment (if any) shall be specified in this part.

3. Overall assessment ⁽[3]⁾

Based on technical and financial assessment by the bidding council, the overall assessment results shall be presented in Table 8 below:

Biểu số 8

Notes:

- Technical scores shall be written according to Table 3.

- Financial scores shall be written according to Table 7.

- The overall score shall be determined using the formula provided for in the ITB.

The bidder who has the highest overall score shall be ranked first invited to negotiate the contract.

IV. CONTRACT NEGOTIATION ⁽[4]⁾

Based on the decision of the investor, the bidder ranked first ^([5]) shall be invited to negotiate the contract.

This part only describes the contract negotiation contents, including:

- Tasks and works to be executed by the counseling contractor;

- Technology transfer and training;

- Working plan and staff appointment.

- Schedule;

- Staff replacement (if any);

- Preparation for working conditions;

- Charges for consultancy services;

- Other contents (if any).

In case a bidder is invited to negotiate multiple contracts or executing multiple contracts, it is necessary to consider the ability to execute the contract of such bidder.

If contract negotiation with the bidder ranked first is not successful, the investor shall consider inviting a bidder ranked lower.

This report is enclosed with: a photocopy of the contract negotiation record; a written request that the investor invite a bidder ranked lower in case the contract negotiation with the bidder ranked first is not successful (if any), and a decision of the investor to invite a bidder ranked lower to negotiate the contract (if any).

V. CONCLUSION AND PROPOSALS ⁽[6]⁾

The bidding council shall draw a conclusion and offer proposals with regard to the bidding result.

1. If a successful bidder is selected, the proposal must specify:

a) Name of the proposed successful bidder (including names of subcontractors if necessary). If the contractor is a partnership, names of all partners thereof must be specified.

b) The proposed successful bid (specifying the currencies, tax, etc.)

c) Contract format.

d) Contract duration.

dd) Remarks (if any).

2. If no successful bidder is selected, explanation and solution must be provided.

VI. SIGNATURES OF MEMBERS OF THE BIDDING COUNCIL   

1. In this part, the chief and members of the bidding council shall append their signatures and full names.

2. Any member that retains his/her opinion must specify his/her name and the opinion (and signature).

VII. APPENDICES

Appendix I.

SUMMARY OF THE BIDDING PROCESS

Appendix II.

TEMPLATES

This part consists of templates of the documents mentioned in the Report

Template No. 1

List of enclosed documents

Enclosed documents are enumerated below

Template No. 2

RECORD ON TECHNICAL PROPOSAL OPENING

The technical proposal opening ceremony begins at __________ [time] at _________________ [location]

A. GENERAL INFORMATION     

I. Project name: _________ [project name under the approved decision on investment]

II. Name of the contract: _________ [name of the contract name under the approved bidding plan]

III. Procuring party and bidders:

1. Procuring party: ___________ [name of the procuring party]

2. Bidders buying the ITB: ________________ [name of the bidders buying the ITB]

3. Bidders that submit bid packages properly: ______________ [names and addresses of bidders that submit bid packages properly]

4. Bidders that submit bid packages after bid closing date: ______________ [names and addresses of bidders that submit bid packages after bid closing date]

IV. Participants in the technical proposal opening ceremony: ________ [names of organizations and individuals that participate in the ceremony]

B. PRIMARY INFORMATION ABOUT THE CEREMONY       

C. OTHER ISSUES (IF ANY)

D. SIGNATURES

The ceremony ends at: ____________ [ending time of the ceremony]

Signatures of parties to the ceremony: ________ [representatives of the procuring party, bidders, and relevant agencies that participate in the ceremony]

Template No. 3

INSPECTION OF VALIDITY AND ADEQUACY OF TECHNICAL PROPOSAL

Technical proposal of __________________

Notes:

- (1) Write “Satisfactory” if the result is satisfactory (write in the “Notes” column if the result is satisfactory after supplementation/ clarification); write “Unsatisfactory” if the result is not satisfactory and write the reason in the “Notes” column.

- (2) A contractor is considered PASSED if all results are “Satisfactory". A contractor is considered FAILED if at least one result is “Unsatisfactory”

- (3) If the bidding council gives the assessment in groups, all members of the groups must append their signatures and full names.

Template No. 4

 ASSESSMENT OF FULFILLMENT OF PRECONDITIONS OF TECHNICAL PROPOSAL 

Technical proposal of __________________

Notes:

- (1) Mark “X” in the “Passed” column if the assessment result is satisfactory (write in the “Notes” column if the result is satisfactory after supplementation/ clarification); mark X in the “Failed” column if the assessment result is not satisfactory and specify the reasons in “Notes” column.

- (2) Write other important requirements mentioned in the ITB.

- (3) A contractor is considered PASSED if all results are “Passed". A contractor is considered FAILED if at least one result is “Failed”

- (4) If the bidding council gives the assessment in groups, all members of the groups must append their signatures and full names.

Template No. 5

TECHNICAL ASSESSMENT

Technical proposal of __________________

Notes:

- (1) Standards are enumerated according to technical assessment standards stated in the ITB. 

- (2) A contractor is considered PASSED if the score is not lower than the minimum score. Otherwise, the contractor shall be considered FAILED.

- (3) If the bidding council gives the assessment in groups, all members of the groups must append their signatures and full names.

Template No. 6

RECORD ON FINANCIAL PROPOSAL OPENING

The financial proposal opening ceremoney begins at __________ [time] at _________________ [location] 

A. GENERAL INFORMATION 

I. Project name: _________ [write the project name under the approved decision on investment]

II. Name of the contract: _________ [write the name of the contract name under the approved bidding plan]

III. Procuring party and bidders that satisfy technical requirements:

1. Procuring party: ___________ [name of the procuring party]

2. Bidders that satisfy technical requirements: _____________ [names of bidders in order of ranking approved in writing by the investor]

IV. Participants in the financial proposal opening ceremony: ________ [names of organizations and individuals that participate in the ceremony]

B. PRIMARY INFORMATION ABOUT THE CEREMONY     

C. OTHER ISSUES (IF ANY)

D. SIGNATURES

The ceremony ends at: ____________ [ending time of the ceremony]

Signatures of parties to the ceremony: ________ [representatives of the procuring party, bidders, and relevant agencies that participate in the ceremony]

Template No. 7

ASSESSMENT OF FULFILLMENT OF PRECONDITIONS OF THE FINANCIAL PROPOSAL 

Financial proposal of __________________

Notes:

- (1) Mark “X” in the “Passed” column if the assessment result is satisfactory (write in the “Notes” collumn if the result is satisfactory after Supplementation/ clarification); mark X in the “Failed” column if the assessment result is not satisfactory and specify the reasons in “Notes” column.

- (2) Write other important requirements mentioned in the ITB.

- (3) A contractor is considered PASSED if all results are “Passed". A contractor is considered FAILED if at least one result is “Failed”

- (4) If the bidding council gives the assessment in groups, all members of the groups must append their signatures and full names.

Template No. 8

Correction of errors

Financial proposal of __________________

Notes:

- (1) This part specifies errors that need correcting (arithmetic errors and other errors) and corresponding contents of the financial proposal. 

- (2) If the bidding council gives the assessment in groups, all members of the groups must append their signatures and full names.

Template No. 9

Adjustment of deviation

Bid package of __________________

Notes:

- (1) Adjustment of deviation must be explained thoroughly. 

- (2) If the bidding council gives the assessment in groups, all members of the groups must append their signatures and full names.