What are regulations on inspection of legitimacy of financial proposal dossiers regarding bidding for investors of road traffic service works in Vietnam?

What are regulations on inspection of legitimacy of financial proposal dossiers regarding bidding for investors of road traffic service works in Vietnam?

Pursuant to Article 29 of the Circular 01/2023/TT-BGTVT (effective from 01/05/2023) stipulating regulations on inspection of legitimacy of financial proposal dossiers regarding bidding for investors of road traffic service works in Vietnam as follows:

Evaluation of financial proposal dossiers

1. Inspection of legitimacy of financial proposal dossiers:

a) Inspect the number of original copies and photocopies of financial proposal dossiers;

b) Inspect compositions of financial proposal dossiers, including: Letter of bid in financial proposal dossiers; other compositions in financial proposal dossiers;

c) Inspect consistency between original copies and photocopies to make detail evaluation of financial proposal dossiers.

2. Evaluation of legitimacy of financial proposal dossiers:

Financial proposal dossiers of investors shall be deemed legitimate when the following conditions are met:

a) Have original copies of financial proposal dossiers;

b) Have legitimate letter of bid in financial proposal dossiers;

c) Value specified in letter of bid shall be specific, in both number and letter, appropriate, logical, consistent for the same content and shall not be accompanied by any condition that puts the competent authority or the procuring entity at a disadvantage (including: total project expenditure proposed by investors (M1); compensations, support, and relocation costs proposed by investors (M2) for projects that have not been granted land clearance; proposed payment to state budget, in addition to investors’ obligations to the state budget according to applicable laws (M3); proposed increase in monetary payment to state budget in addition to investors’ obligations to state budget as per applicable laws, (if any));

d) Effect of financial proposal dossiers which satisfy requirements of bidding documents.

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As regulations above, inspection of legitimacy of financial proposal dossiers includes:

- Inspect the number of original copies and photocopies of financial proposal dossiers;

- Inspect compositions of financial proposal dossiers, including: Letter of bid in financial proposal dossiers; other compositions in financial proposal dossiers;

- Inspect consistency between original copies and photocopies to make detail evaluation of financial proposal dossiers.

Is it permissible to publish financial proposal dossiers of investors of projects of investment for road traffic service works in Vietnam?

Pursuant to Article 28 of the Circular 01/2023/TT-BGTVT (effective from 01/05/2023) stipulating opening of technical proposal dossiers as follows:

Opening of technical proposal dossiers

1. Financial proposal dossiers of investors named under list of investors who meet technical requirements shall be opened publicly in time and location specified under notice on list of investors who meet technical requirements Record of bid opening shall be sent to participating investors.

2. Representatives of procuring entities shall countersign original copy of letter of bids, power of attorney of legal representatives of investors (if any); joint bidding agreements (if any); bid security; and significant contents of each financial proposal dossier.

As regulations above, financial proposal dossiers of investors named under list of investors who meet technical requirements shall be opened publicly in time and location specified under notice on list of investors.

What are rules for consideration for contract award regarding bidding for investors of road traffic service works in Vietnam?

Pursuant to Article 30 of the Circular 01/2023/TT-BGTVT (effective from 01/05/2023) stipulating rules for consideration for contract award regarding bidding for investors of road traffic service works in Vietnam as follows:

Rules for consideration for contract award

An investor will be proposed to be selected if he/she fully meets the following conditions:

1. Having legitimate bid.

2. Having capacity and experience that satisfy requirements.

3. Having technical proposal that satisfies requirements.

4. Having proposed winning bid whose components satisfy the following requirements:

a) Proposed total project expenditure (M1) shall not be lower than m1 approved under bidding document;

b) Proposed compensations, support and relocation costs for projects (M2) shall not be lower than (m2) determined under bidding document.

c) Proposed monetary payment to state budget in addition to investors’ obligations to state budget as per applicable laws (M3) shall not be lower than minimum payment (m3) and be the highest among others;

d) If various investors have the same payment (M3), the investor whose technical bid is granted the highest score shall be considered to be selected.

dd) If investors’ technical bids are satisfactory and M3 are not lower than m3, such investors shall be included in the negotiation list from lowest score to highest score specified in Article 32 of this Circular.

As regulations above, an investor will be proposed to be selected if he/she fully meets the following conditions:

- Having legitimate bid.

- Having capacity and experience that satisfy requirements.

- Having technical proposal that satisfies requirements.

- Having proposed winning bid.

Best regards!