1. Scope of the bid package | 1.1. The Investor stipulates in E-Bidding Documents List the issuance of this Electronic Bidding Document to select a bidder to carry out the construction package using a one-stage two-envelope method. 1.2. The name of the bid package, project/procurement estimate is specified in E-Bidding Documents List. |
2. Terminology in online bidding | 2.1. The bid closing time is the deadline for receiving Electronic Bid Documents and is specified in the Electronic Invitation To Bid on the System. 2.2. The date refers to the Gregorian calendar date, including weekends, holidays, and Tet holidays according to labor laws. 2.3. The time and date on the System are those displayed on the System (GMT+7). |
3. Funding source | The funding source for the bid package is specified in E-Bidding Documents List. |
4. Prohibited Acts | 4.1. Offering, receiving, or brokering bribes. 4.2. Abuse of position or authority to unlawfully influence or interfere in the bidding process in any form. 4.3. Collusion includes the following acts: a) Arranging, agreeing, or coercing one or more parties to prepare Electronic Bid Documents or withdraw Electronic Bid Documents so that one party wins the bid; b) Arranging or agreeing to refuse to supply goods or services, not signing subcontracts, or engaging in other forms of agreement to limit competition for one party to win the bid; c) bidders with capability and experience who have participated in bidding and meet the requirements of Electronic Bidding Document but intentionally fail to provide documentation to prove capability and experience when requested by the inviting party to clarify Electronic Bid Documents or when required to verify documents to facilitate one party winning the bid. 4.4. Fraud includes the following acts: a) Falsifying or distorting information, records, or documents in the bidding; b) Intentionally providing untruthful or biased information or documents in Electronic Bid Documents to distort the results of bidder selection. 4.5. Obstruction includes the following acts: a) Destroying, deceiving, altering, concealing evidence, or providing false reports; threatening or hinting to any party to prevent clarification of bribery, fraud, or collusion with authorities supervising, inspecting, auditing; b) Obstructing authorized persons, investors, inviting parties, or bidders in the bidder selection process; c) Hindering the authority responsible for supervising, inspecting, auditing bidding activities; d) Intentionally filing false complaints, allegations, or petitions to obstruct bidding activities; e) Engaging in acts violating laws on safety and cybersecurity to interfere with online bidding. 4.6. Ensuring fairness and transparency includes the following acts: a) Participating in bidding as a bidder for the package where they are the inviting party, investor, or carrying out tasks of the inviting party or investor not in accordance with the Bidding Law; b) Participating in the preparation and simultaneously in the evaluation of Electronic Bidding Document for the same bid package; c) Participating in the evaluation of Electronic Bid Documents while also evaluating the bidder selection results for the same bid package; d) Individuals from the inviting party or investor directly participating in the bidder selection process or joining the expert group or evaluation group for the bidder selection results, or being authorized persons or heads of the investor or inviting party for bid packages where relatives under the provisions of the Enterprise Law are named as bidders or are legal representatives of the bidding bidders; e) bidders participating in the construction bid package for which they provide consulting services: preparing, verifying, and evaluating estimates, technical designs, construction drawings, comprehensive technical designs (FEED); preparing and evaluating Electronic Bidding Document; evaluating Electronic Bid Documents; inspecting goods; evaluating bidder selection results; supervising contract performance; g) Participating in the bidding of packages belonging to projects where the investor or inviting party is the agency or organization where they worked and held a leadership or management position within 12 months from the date they ceased working at that agency or organization; h) Specifying specific requirements regarding brand, origin of goods in Electronic Bidding Document, except in cases specified in point e, clause 3, Article 10, clause 2, Article 44 and clause 1, Article 56 of the Bidding Law; i) Stating conditions in Electronic Bidding Document to limit the participation of bidders or to create advantages for one or some bidders causing unfair competition, violating the provisions of clause 3, Article 44 of the Bidding Law; 4.7. Disclosing documents or information about the bidder selection process, except when providing information according to the provisions of point b, clause 8, Article 77, clause 11, Article 78, point h, clause 1, Article 79, clause 4, Article 80, clause 4, Article 81, clause 2, Article 82, point b, clause 4, Article 93 of the Bidding Law, including: a) Content of Electronic Bidding Document before the issuance date as required; b) Content of Electronic Bid Documents; content of requests for clarification of Electronic Bid Documents from the inviting party and responses from the bidders during the evaluation of Electronic Bid Documents; reports from the inviting party, reports from the expert group, evaluation reports, reports from consulting bidders, reports from relevant specialized agencies during the bidder selection process; records, minutes of bidding review meetings, comments, evaluations for each Electronic Bid Documents before being publicly disclosed as required; c) bidder selection results before being publicly disclosed as required; d) Other documents in the bidder selection process determined to contain state secrets as per the law. 4.8. Transferring the contract in the following cases: a) The bidder transfers to another bidder part of the work belonging to the bid package exceeding the maximum value allowed for subbidders and the volume of work assigned to subbidders specifically stated in the contract; b) The bidder transfers to another bidder part of the work belonging to the bid package that does not exceed the maximum value of work assigned to subbidders stated in the contract but outside the scope of work proposed for subbidders in Electronic Bid Documents without the approval of the investor or supervising consultant; c) The investor or supervising consultant approves the bidder to transfer the work specified in point a of this clause; d) The investor or supervising consultant approves the bidder to transfer the work specified in point b of this clause that exceeds the maximum value of work assigned to subbidders stated in the contract. |
5. Bidder Eligibility | 5.1. The bidder is an organization that meets the following conditions: a) Maintains independent financial accounting; b) Not in the process of dissolution or having their business registration certificate, cooperative registration certificate, or cooperative union registration certificate revoked; not subject to insolvency as defined by bankruptcy law; c) Ensures competition in bidding according to the provisions of E-Bidding Documents List; d) Not currently banned from participating in bidding according to the Bidding Law; e) Not subject to criminal prosecution; g) Meets business classification requirements as specified in E-Bidding Documents List. 5.2. The bidder is a business household meeting the following conditions: a) Has a business household registration certificate according to the law; b) Not in the process of terminating operations or having their business household registration certificate revoked; the head of the business household is not under criminal prosecution; c) Meets the conditions specified in points c, d, and e of Section 5.1 of Electronic Content Delivery Network Technology. |
6. Contents of Electronic Bidding Document | 6.1. Electronic Bidding Document includes Electronic Invitation To Bid and Part 1, Part 2, Part 3 along with amendments, clarifications to Electronic Bidding Document as specified in Section 7 Electronic Content Delivery Network Technology (if any), including the following contents: Part 1. Bidding Procedures: - Chapter I. bidder Instructions; - Chapter II. Bidding Data Sheet; - Chapter III. Evaluation Standards for Electronic Bid Documents; - Chapter IV. Bid and Tender Forms. Part 2. Technical Requirements: - Chapter V. Technical Requirements. Part 3. Contract Terms and Contract Forms: - Chapter VI. General Conditions of the Contract; - Chapter VII. Specific Conditions of the Contract; - Chapter VIII. Contract Forms. 6.2. The investor will not be responsible for the accuracy and completeness of Electronic Bidding Document, clarifying documents for Electronic Bidding Document, or amendments to Electronic Bidding Document as specified in Section 7 Electronic Content Delivery Network Technology if these documents are not provided by the Investor on the System. The Electronic Bidding Document issued by the Investor on the System serves as the basis for review and evaluation. 6.3. The bidder must study all information of Electronic Invitation To Bid, Electronic Bidding Document, including amendments and clarifications to Electronic Bidding Document, pre-bid meeting minutes (if any) to prepare Electronic Bid Documents in accordance with Electronic Bidding Document requirements. |
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7. Amendments, clarifications to Electronic Bidding Document, site surveys | 7.1. In the case of amending Electronic Bidding Document, the inviting party shall post the amendment decision along with the amended contents and the modified Electronic Bidding Document (webform and attachments). The amendment of Electronic Bidding Document must be conducted at least 10 days before the bid closing time; for bid packages with a value of no more than 20 billion VND, the amendment must be made at least 3 working days before the bid closing time, ensuring sufficient time for the bidder to finalize Electronic Bid Documents; if the required time is not guaranteed, the bid closing time must be extended. 7.2. In cases requiring clarification of Electronic Bidding Document, the bidder must send a clarification request to the inviting party via the System at least 3 working days before the bid closing time for the inviting party to review and process. The inviting party receives the clarification request for consideration and clarification per the bidder's request and provides the clarification on the System no later than 2 working days before the bid closing time, describing the content of the clarification request without naming the bidder. If the clarification necessitates an amendment to Electronic Bidding Document, the Investor will amend Electronic Bidding Document as per the provisions in Section 7.1 Electronic Content Delivery Network Technology. 7.3. The inviting party is responsible for monitoring information on the System to promptly clarify Electronic Bidding Document as requested by the bidder. 7.4. The bidder is responsible for monitoring information on the System to update information regarding amendments to Electronic Bidding Document, changes to the bid closing time (if any) to prepare Electronic Bid Documents accordingly. If any errors occur due to failure to monitor or update information on the System, leading to disadvantages for the bidder during the bidding process, including changes or amendments to Electronic Bidding Document, bid closing time, contract negotiation time, and other contents, the bidder must bear responsibility and the disadvantages during the bidding process. 7.5. The bidder should conduct a site survey of the project and the relevant areas and is responsible for gathering all necessary information to prepare Electronic Bid Documents as well as to execute the construction contract if awarded. All costs related to the site survey shall be borne by the bidder. 7.6. The Investor and the inviting party will allow the bidder and the bidder's related parties to access the site for the purpose of conducting site surveys, provided that the bidder and the related parties commit that the Investor, the inviting party, and their related parties shall not bear any responsibility towards the bidder and the bidder's related parties regarding this site survey. The bidder and the bidder's related parties will bear their own risks, such as accidents, losses, or damage to property, and any other losses, damages, and costs arising from the site survey. If necessary, the Investor and the inviting party will organize and guide the bidder to conduct the site survey as per the regulations in E-Bidding Documents List. 7.7. In necessary cases, the inviting party will organize a pre-bid conference to discuss the contents of Electronic Bidding Document that bidders may not understand according to the provisions in E-Bidding Documents List. The inviting party will post a notice of the pre-bid conference on the System; all interested bidders may attend the pre-bid conference without prior notice to the inviting party. The discussions between the Investor, the inviting party, and the bidders must be recorded in minutes and documented to clarify Electronic Bidding Document posted on the System within a maximum of 2 working days from the end of the pre-bid conference. 7.8. If Electronic Bidding Document needs to be amended after the pre-bid conference, the Investor will amend Electronic Bidding Document according to the provisions in Section 7.1 Electronic Content Delivery Network Technology. The minutes of the pre-bid conference do not constitute a document amending Electronic Bidding Document. 7.9. The bidder's failure to conduct a site survey or attend the pre-bid conference, or lack of confirmation of having surveyed the site or participated in the pre-bid conference, shall not be grounds for disqualifying the bidder's Electronic Bid Documents. |
8. Bid Costs | Electronic Bidding Document is issued free of charge on the System immediately after the inviting party successfully posts Electronic Invitation To Bid on the System. The bidder must bear all costs related to the bidding process. The cost of submitting Electronic Bid Documents is specified in E-Bidding Documents List. In all cases, the Investor shall not be responsible for any costs incurred by the bidder related to participating in the bidding. |
9. Language of Electronic Bid Documents | Electronic Bid Documents as well as all documents and materials related to Electronic Bid Documents are written in Vietnamese. Supplementary documents in Electronic Bid Documents may be written in other languages, accompanied by a translation into Vietnamese. In the absence of a translation, the inviting party may request the bidder to provide it (if necessary). |
10. Components of Electronic Bid Documents | Electronic Bid Documents includes Electronic Technical Proposal Document and Electronic Financial Proposal Document, which includes: 10.1. Electronic Technical Proposal Document includes the following components: a) The bid form in Electronic Technical Proposal Document is extracted by the System according to the provisions in Section 11 Electronic Content Delivery Network Technology; b) Joint venture agreement extracted by the System according to Form No. 03 Chapter IV (for joint venture bidders); c) Bid security according to the provisions in Section 18 Electronic Content Delivery Network Technology; d) bidder's capability and experience declaration according to Section 16 Electronic Content Delivery Network Technology; e) Proposal for alternative technical solutions in Electronic Bid Documents according to the provisions in Section 12 Electronic Content Delivery Network Technology (if any); The technical proposal must not include any financial information. If the technical proposal contains important financial information, the bidder will bear disadvantages during the evaluation of Electronic Bid Documents. 10.2. Electronic Financial Proposal Document includes the following components: a) The bid form in Electronic Financial Proposal Document is extracted by the System. b) Financial proposal and forms fully completed as specified in Section 11 and Section 13 Electronic Content Delivery Network Technology; 10.3. Other contents as specified in E-Bidding Documents List. |
11. Bid Form and Forms | The bidder fills in all information in the Forms in Chapter IV. The bidder checks the information in the bid form and the forms extracted by the System to complete Electronic Bid Documents. |
12. Proposal for Alternative Technical Solutions in Electronic Bid Documents | 12.1. In cases where Electronic Bidding Document stipulates in E-Bidding Documents List that the bidder may propose alternative technical solutions, such solutions will only be considered. 12.2. Alternative technical solutions will only be considered if the main proposal is assessed to meet the requirements and the bidder is ranked first. In this case, the bidder must provide all necessary information for the inviting party to evaluate the alternative technical solution, including: explanations, drawings, technical specifications, construction organization measures, construction schedules, costs, and other relevant information. The evaluation of alternative technical solutions in Electronic Bid Documents will be conducted according to the provisions in Section 5 Chapter III. |
13. Bid Price and Discounts | 13.1. The bid price is the price proposed by the bidder in the bid document belonging to Electronic Financial Proposal Document (excluding discounts), covering all costs to implement the bidding package. The system automatically extracts the bid price from Form No. 11 (11A or 11B or 11C or 11D or 11E) Chapter IV into the bid document. 13.2. If the bidder proposes a discount, the discount percentage should be recorded in the bid document. This discount value is understood as uniformly reducing the rate for all items in the Bid Price Summary Table. For fixed-price contracts and adjusted unit price contracts, the discount value is calculated on the bid price excluding contingencies.. 13.3. For fixed-price contracts: a) For fixed-price contracts, the bid price includes all necessary costs to implement the bidding package according to the design and technical requirements stated in Electronic Bidding Document. The bidder is responsible for reviewing the work item list in Form No. 01A Chapter IV against the design to propose the Bid Price Summary Table accordingly. The work item list in Form No. 01A Chapter IV is for reference only. b) The bidder may add or remove work items compared to the work item list in Form No. 01A Chapter IV to suit the design and quote for the work items (after adding or removing items, if any) in Form No. 11A Chapter IV. If in the column “price by item” the bidder records “0”, it is considered that the bidder has allocated the price of this work item to another work item in the bidding package and will not be paid separately by the investor; the bidder must be responsible for carrying out all work items according to the design to ensure quality and schedule. 13.4. For fixed-price contracts and adjusted unit price contracts: a) The bid price includes all necessary costs to implement the bidding package. The bidder must quote unit prices for each work item according to the scope of work in Form No. 01B, Form No. 01C Chapter IV. b) If in the column “unit price by item” the bidder records “0”, it is considered that the bidder has allocated the price of this work item to another work item in the bidding package, and the bidder must be responsible for carrying out all work items according to the design to ensure quality and schedule. 13.5. The bidder's bid price must include all taxes, fees, and charges (if any) applicable at the tax rate, fee level, and charges at the time 28 days before the bid closing date as prescribed. If the bidder declares that the bid price does not include taxes, fees, and charges (if any), the bidder's Electronic Bid Documents will be disqualified. 13.6. The bidder must submit Electronic Bid Documents for all required work in Electronic Bidding Document and record the bid unit price for all work mentioned in the column “Description of bidding work” according to Form No. 11 (11A or 11B or 11C or 11D or 11E) Chapter IV. 13.7. The bidder is responsible for the bid price to carry out the work according to the design and technical requirements stated in Electronic Bidding Document. If the bidder has an unusually low unit price affecting the quality of the bidding package, the bidding party may request the bidder to clarify the feasibility of that unusually low unit price in accordance with Clause 11 Article 131 of Decree No. 24/2024/NĐ-CP. 13.8. Output-based contracts may be applied to maintenance, repair, and preservation work that has specific requirements for output quality, testing measures, and evaluation of the degree of compliance with output quality. |
14. Currency of Bid and Payment | The currency of the bid and payment is VND. |
15. Technical Proposal Component | The bidder must submit a Technical Proposal (attach the file to the System) including a detailed description of the method for performing the work, equipment, personnel, implementation schedule, and any other information as stipulated in Chapter V, and must be detailed enough to demonstrate the suitability of the proposal to the work requirements and completion deadlines. |
16. Documents Proving bidder's Capacity and Experience | 16.1. The bidder must provide necessary information in the Forms in Chapter IV to supply information about capacity and experience as required in Chapter III. In case of being invited to verify documents, the bidder must prepare documents to verify against the information declared by the bidder in Electronic Bid Documents and for the Investor to store. 16.2. In case the bidding package has undergone pre-qualification, if there is a change in the bidder's capacity and experience at the time of submitting Electronic Bid Documents compared to the pre-qualification, the bidder must update their capacity and experience. |
17. Validity Period of Electronic Bid Documents | 17.1. Electronic Bid Documents shall be valid for no less than the duration specified in E-Bidding Documents List. 17.2. If necessary, before the expiration of the validity period of Electronic Bid Documents, the bidding party may request bidders to extend the validity of Electronic Bid Documents, while also requiring the bidder to extend the corresponding period of the bid security (by the extended validity period of Electronic Bid Documents plus an additional 30 days). If the bidder does not accept the extension of Electronic Bid Documents validity, the bidder's Electronic Bid Documents will not be further considered; in this case, the bidder is not required to submit the original guarantee letter to the bidding party. bidders accepting the extension of Electronic Bid Documents are not permitted to change any content of Electronic Bid Documents, except for extending the validity of the bid security. The request for extension and the approval or disapproval of the extension are carried out in the System.. |
18. Bid Security | 18.1. When participating in online bidding, the bidder must implement bid security measures before the bid closing time in one or more forms of guarantee letters issued by the legal representative of a domestic credit institution or a foreign bank branch established under Vietnamese law or a guarantee insurance certificate from a domestic non-life insurance company or a foreign non-life insurance company branch established under Vietnamese law issued. In cases where the bid security value is less than 20 million VND, the provisions of Section 18.7 Electronic Content Delivery Network Technology shall apply. For paper-based bid guarantees or insurance guarantee certificates, the bidder must scan (scan) the bank guarantee letter or the insurance guarantee certificate and attach it when submitting Electronic Bid Documents. For electronic bid guarantees, the bidder selects the electronic bid guarantee issued, stored in the System. If Electronic Bid Documents is extended in accordance with the provisions of Section 17.2 Electronic Content Delivery Network Technology, the validity of the bid security must also be extended accordingly. For joint bidders, all joint members must use the same form of bid guarantee: electronic bid guarantee or paper-based guarantee. In the case of a joint venture, bid security must be implemented in one of the following two ways: a) Each member of the joint venture will individually implement bid security but the total guaranteed value must not be lower than the required level specified in Section 18.2 Electronic Content Delivery Network Technology; if the bid security of one member in the joint venture is determined to be invalid, the Electronic Bid Documents of that joint venture will not be considered for further evaluation. If any member of the joint venture violates the legal provisions leading to the non-refund of the bid security as prescribed in point b of Section 18.5 Electronic Content Delivery Network Technology, the bid security of all members in the joint venture will not be refunded; b) Members of the joint venture agree that one member will be responsible for implementing bid security measures for that member and for other members in the joint venture. In this case, the bid security may include the name of the joint venture or the name of the member responsible for implementing bid security for the members of the joint venture but the total guaranteed value must not be lower than the required level specified in Section 18.2 Electronic Content Delivery Network Technology. If any member of the joint venture violates the legal provisions leading to the non-refund of the bid security as prescribed in point b of Section 18.5 Electronic Content Delivery Network Technology, the bid security of all members in the joint venture will not be refunded. 18.2. The value, currency, and duration of the bid security are specified in E-Bidding Documents List. The duration of the bid security is calculated from the bid closing date to the last day of validity of the bid security (the expiration date of the bid security falls within the last day of validity of the bid security without needing to last until the end of 24 hours of that day). 18.3. Bid security is considered invalid in any of the following cases: having a lower value, a shorter validity period than required as specified in Section 18.2 Electronic Content Delivery Network Technology, incorrect name of the beneficiary unit, lacking a valid signature (digital signature for electronic bid guarantees), signed before the Investor issues Electronic Bidding Document, accompanied by conditions unfavorable to the Investor, the bidding party (including failure to meet all commitments as specified in Form No. 04A, Form No. 04B Chapter IV). In the case of using a guarantee letter or insurance guarantee certificate, the guarantee letter or insurance guarantee certificate must be signed and stamped (if any) by the legal representative of a domestic credit institution or a foreign bank branch established under Vietnamese law, a domestic non-life insurance company, or a foreign non-life insurance company branch established under Vietnamese law. 18.4. The bidder not selected will have their bid security returned or released according to the stipulated period E-Bidding Documents List. For the selected bidder, the bid security is returned or released when the contract is in effect. 18.5. Cases requiring submission of the original guarantee letter, insurance guarantee certificate (in case of using paper-based bid guarantees) to the bidding party: a) The bidder is invited to verify documents and negotiate contracts (if any); b) The bidder violates legal regulations on bidding, leading to the non-refund of the bid security in the following cases: - After the bid closing time and during the validity of Electronic Bid Documents, if the bidder submits a written withdrawal of Electronic Bid Documents or refuses to perform one or more tasks proposed in Electronic Bid Documents as required by Electronic Bidding Document; - The bidder engages in acts violating the provisions of Article 16 of the Bidding Law or violates bidding laws leading to the cancellation of the bid as stipulated in points d and đ of Clause 1 Article 17 of the Bidding Law; - The bidder fails to implement the contract performance guarantee measures as stipulated in Article 68 of the Bidding Law; - The bidder does not proceed with or refuses to verify documents, negotiate contracts (if any) within 05 working days from the date of receiving the invitation to verify documents, negotiate contracts (if any) or has verified documents, negotiated contracts (if any) but refuses or does not sign the verification record of documents, negotiate contracts (if any), except in cases of force majeure; - The bidder does not proceed with or refuses to finalize the contract within 10 days from the date of receiving the winning notification from the bidding party, except in cases of force majeure; - The bidder does not proceed with or refuses to sign the contract within 10 days from the date of finalizing the contract, except in cases of force majeure. 18.6. Within 05 working days from the date of receiving the request from the bidding party, if the bidder refuses or does not submit the original bid security letter or insurance guarantee certificate (in case of using paper-based bid guarantees) as required by the bidding party, the bidder will be dealt with according to the bidder's commitment in the bid. 18.7. For bidding packages with a bid security value as stipulated in Section 18.2 Electronic Content Delivery Network Technology of less than 20 million VND, at the time of bid closing, the bidder is not required to attach a guarantee letter or insurance guarantee certificate as stipulated in Section 18.1 Electronic Content Delivery Network Technology but must commit in the bid (no separate written commitment is required) that if invited to verify documents or violates the provisions of point b of Section 18.5 Electronic Content Delivery Network Technology, they must submit a sum of money or a cash guarantee check (in case the cash guarantee check meets the requirements of the investor) or a bid guarantee letter or insurance guarantee certificate with the value specified in Section 18.2 Electronic Content Delivery Network Technology. If the bidder fails to fulfill the above commitment, the bidder will be dealt with according to the bidder's commitment in the bid (will be named in the System and have their account locked for 6 months, from the date the Bidding Management Department, Ministry of Planning and Investment receives the investor's request letter). In the case that the bidder violates the provisions stated in point b of Section 18.5 Electronic Content Delivery Network Technology, the bidder will not be refunded this bid security amount. |
19. Bid Closing Time | 19.1. The bid closing time is the time specified in Electronic Invitation To Bid. 19.2. The investor may extend the bid closing time by amending Electronic Invitation To Bid. When extending the bid closing time, all responsibilities of the investor and the bidder according to the previous bid closing time will be changed according to the new extended bid closing time. |
20. Submission, Withdrawal, and Amendment of Electronic Bid Documents | 20.1. Submitting Electronic Bid Documents: The bidder only submits one set of Electronic Bid Documents for one Electronic Invitation To Bid when participating in online bidding. In the case of a joint venture, the leading member of the joint venture (as agreed in the joint venture) submits Electronic Bid Documents after receiving the approval of all members in the joint venture. 20.2. Amendment and resubmission of Electronic Bid Documents: In case it is necessary to amend the submitted Electronic Bid Documents, the bidder must withdraw the entire previously submitted Electronic Bid Documents for suitable modification. After completing the Electronic Bid Documents, the bidder will resubmit the new Electronic Bid Documents. If the bidder has submitted Electronic Bid Documents before the investor makes amendments to Electronic Bidding Document (if any), the bidder must submit a new Electronic Bid Documents suitable for the amended Electronic Bidding Document. 20.3. Withdrawal of Electronic Bid Documents: the bidder may withdraw Electronic Bid Documents before the bid closing time. The system will notify the bidder of the withdrawal status of Electronic Bid Documents (successful or unsuccessful). The system records the information about the time of the bidder's withdrawal of Electronic Bid Documents. 20.4. The bidder may only withdraw, amend, or resubmit Electronic Bid Documents before the bid closing time. After the bid closing time, all successfully submitted Electronic Bid Documents on the System will be opened for evaluation. |
21. Opening Electronic Technical Proposal Document | 21.1. The bidding party must proceed to open Electronic Technical Proposal Document and publicly disclose the opening minutes of Electronic Technical Proposal Document on the System within no more than 02 hours from the bid closing time. In the case of 01 or 02 bidders submitting Electronic Bid Documents, the bidding party reports to the Investor for consideration and to handle the situation according to the provisions in Clause 5 Article 131 of Decree No. 24/2024/NĐ-CP. If no bidders submit Electronic Bid Documents, the bidding party reports to the Investor to consider extending the bid closing time or reorganizing the online bidder selection (cancelling this Electronic Invitation To Bid and posting a new Electronic Invitation To Bid) according to the provisions in Clause 4 Article 131 of Decree No. 24/2024/NĐ-CP. 21.2. The opening minutes of Electronic Technical Proposal Document are to be publicly uploaded on the System, including the main contents as follows: a) Information about the bidding package: - Electronic Invitation To Bid number; - Name of the bidding package; - Name of the Investor; - Form of bidder selection; - Type of contract; - Time of bid opening completion; - Total number of participating bidders. b) Information about participating bidders: - Name of the bidder; - Validity period of Electronic Technical Proposal Document; - Value and validity of the bid security; - Time to perform the bidding package; - Other relevant information (if any). |
22. Evaluation of Electronic Technical Proposal Document | 22.1. The Investor applies the evaluation method as stipulated in E-Bidding Documents List to evaluate Electronic Technical Proposal Document. 22.2. The evaluation process of Electronic Technical Proposal Document is as follows: a) Step 1: Evaluate the validity according to the provisions in Section 1 Chapter III; - The system automatically evaluates based on the bidder's commitments in the bid regarding the following contents: + The bidder's eligibility; + Within 03 years prior to the bid closing date, the bidder has no personnel (employed under a labor contract with the bidder at the time the personnel committed the violation) who have been convicted by a court for serious violations of bidding regulations under criminal law intended for that bidder to win the bid. If the expert team discovers that the bidder's commitments are untruthful leading to distortion of the bidder's Electronic Bid Documents evaluation results, the bidder will be considered to have engaged in bidding fraud. - The expert team evaluates the validity of the bid security, joint venture agreement (for joint ventures). - bidders assessed as meeting all validity criteria will be moved on to evaluate their capacity and experience. b) Step 2: Evaluate capacity and experience according to the provisions in Section 2 Chapter III; - The system automatically evaluates the contents: history of contract non-performance, tax declaration and payment obligations, financial performance results, average annual revenue based on declared information extracted from Electronic Bid Documents. For the contents evaluated by the system, the bidder is not required to attach documents for proof when submitting Electronic Bid Documents. - For financial resource requirements: the expert team evaluates based on the information that the bidder declares; if the bidder uses a credit commitment to prove financial resources, the expert team bases its assessment on the attached documents. Commitments to provide additional credit after the bid closing time will not be considered or evaluated. - For the assessment of similar contracts, the expert team evaluates based on the information declared by the bidder on the webform and the attached documents. - For key personnel and main construction equipment, the expert team evaluates based on the information declared by the bidder.. - bidders assessed as meeting the capacity and experience criteria will then be evaluated for technical merit.. c) Step 3: Evaluate technical merit according to the provisions in Section 3 Chapter III. bidders with Electronic Technical Proposal Document that do not meet the criteria will not have their Electronic Financial Proposal Document opened for evaluation. The bidding party will post the list of bidders that meet the technical requirements on the System. 22.3. Principles for evaluating Electronic Technical Proposal Document: a) For automatic evaluation contents of the System including eligibility, the bidder must not have personnel convicted by a court for serious violations of bidding regulations, contract non-performance due to bidder fault, fulfillment of tax declaration and payment obligations, annual average revenue; if the bidder fails to declare information or declares incorrectly or incompletely, not meeting the requirements of Electronic Bidding Document, the System will evaluate the bidder as "not meeting" this content. The expert team cannot change the evaluation result from "not meeting" to "meeting" once the System has evaluated "not meeting." If the information that the bidder commits or declares in Electronic Bid Documents is untruthful leading to distortion of the evaluation results of the bidder's Electronic Bid Documents, the bidder will be considered to have engaged in bidding fraud; b) In the event of discrepancies between the information about the bid security declared by the bidder on the webform and the information in the attached scanned bid security file, the evaluation shall be based on the information in the scanned bid security file (for cases using paper-based bid guarantees or insurance guarantee certificates). c) If there is a discrepancy between the information about similar contracts declared on the webform and the documentation file proving that information, the bidding party will request the bidder to clarify Electronic Bid Documents. If the contracts declared and attached by the bidder in Electronic Bid Documents do not meet the requirements of Electronic Bidding Document or the bidder does not declare similar contracts on the webform, the bidding party will request the bidder to clarify and supplement with other contracts (updated from the bidder's capability profile in the System) to meet the requirements of Electronic Bidding Document within a suitable timeframe, but not less than 03 working days. If the bidder does not have contracts that meet the requirements of Electronic Bidding Document, the bidder will be disqualified; d) In cases where the key personnel or main construction equipment (if any) proposed by the bidder in Electronic Bid Documents do not meet the requirements or the ability to mobilize key personnel and main construction equipment cannot be proven (including cases where personnel or equipment proposed by the bidder have been mobilized for another contract with overlapping work periods), the bidding party allows the bidder to supplement or replace. The bidder is only allowed to supplement or replace once for each personnel or equipment position within a suitable timeframe, but not less than 03 working days. If the bidder does not have alternative personnel or equipment that meet the requirements of Electronic Bidding Document, the bidder will be disqualified. In all cases, if the bidder declares untruthful personnel or equipment, they cannot replace them with others; the bidder's Electronic Bid Documents will be disqualified, and the bidder will be considered fraudulent as stipulated in Clause 4 Article 16 of the Bidding Law and will be handled according to the provisions of point a Clause 1 Article 125 of Decree No. 24/2024/NĐ-CP; đ) For contents other than those mentioned in points a, b, c, and d of this section, if there is a discrepancy between the information declared on the webform and the attached file, the information on the webform will be the basis for consideration and evaluation. |
23. Opening Electronic Financial Proposal Document | 23.1. Electronic Financial Proposal Document of the bidders listed as meeting the technical requirements will be opened and publicly disclosed by the bidding party on the System. 23.2. The minutes of the opening of Electronic Financial Proposal Document will be publicly uploaded on the System, including the main contents as follows: a) Information about the bidding package: - Electronic Invitation To Bid number; - Name of the bidding package; - Name of the Investor; - Form of bidder selection; - Type of contract; - Time of bid opening completion; b) Information about the bidders whose Electronic Financial Proposal Document is opened: - Name of the bidder; - Bid price; - Discount percentage (%)(if any); - Bid price after discount (if any) (The system automatically calculates based on the recalculated contingency costs after the discount); - Technical scores of bidders who pass the technical evaluation step (if any); - Validity period of Electronic Financial Proposal Document; - Other related information (if any). |
24. Evaluation of Electronic Financial Proposal Document and bidder Ranking | 24.1. The evaluation of Electronic Financial Proposal Document is according to the provisions in Section 4 Chapter III; 24.2. After evaluating Electronic Financial Proposal Document, the bidder ranking will be conducted according to the provisions in E-Bidding Documents List. The bidder ranked first will be invited to clarify documents according to the provisions in Section 33 Electronic Content Delivery Network Technology. In cases where contract negotiations are required, document clarification and contract negotiations will be combined. If only one bidder passes the financial evaluation step, ranking will not be necessary. 24.3. If there is a discrepancy between the information declared on the webform and the attached file, the information on the webform will be the basis for consideration and evaluation. 24.4. The bidder invited to clarify documents and negotiate the contract (if any) must prepare documents for clarification, proving the information declared in Electronic Bid Documents. For the contents regarding validity, history of contract non-performance due to bidder fault, fulfillment of tax declaration and payment obligations, financial performance results, average annual revenue that has been automatically evaluated by the System as "meeting" according to the declared information extracted from Electronic Bid Documents but reassessed by the expert team as "not meeting," the expert team will revise the evaluation result from "meeting" to "not meeting." In this case, the bidding party will invite the next-ranked bidder to clarify documents, negotiate the contract (if any) without needing to rank the bidder again. For information regarding tax declaration and payment obligations, financial performance results, average annual revenue from 2021 onwards, the bidding party will only verify if the bidder updates the information without verifying in cases where the information was extracted automatically by the System from the national business registration information system, electronic tax system. |
25. Confidentiality | 25.1. Information related to the evaluation of Electronic Bid Documents and contract award proposals must be kept confidential and must not be disclosed to bidders or any individuals not officially involved in the bidder selection process until the results are publicly announced. Under no circumstances should the information in this bidder's Electronic Bid Documents be disclosed to another bidder, except for information made public in the bid opening minutes. 25.2. Except for clarifying the E-Bid, verifying documents, or negotiating contracts (if applicable), the bidder is not allowed to contact the Investor, or the Procuring Entity regarding any matters related to their E-Bid and other issues concerning the bidding package from the time the bids are opened until the bidder selection result is announced. |
26. Clarification of E-Bid | 26.1. After bid opening, the bidder is responsible for clarifying the E-Bid as requested by the Procuring Entity, including matters regarding eligibility, capacity, experience, tax declaration and payment obligations, and the specific personnel proposed in the bidder's bid. Clarifications regarding eligibility must ensure the principle that the nature of the bidder participating in the bid is not altered. For clarifications on the validity of the E-Bid (except for eligibility), technical and financial proposals, the clarification must ensure the principle of not altering the basic content of the submitted E-Bid, and not changing the bid price. 26.2. During the evaluation process, clarification of the E-Bid between the bidder and the Procuring Entity is conducted directly through the System. 26.3. Clarification of the E-Bid is only conducted between the Procuring Entity and the bidder whose E-Bid requires clarification. For clarifications that directly affect the evaluation of eligibility, capacity, experience, and technical and financial requirements, if the bidder fails to provide clarification within the specified time or provides clarification that does not meet the requirements of the Procuring Entity, the Procuring Entity shall evaluate the E-Bid based on the submitted E-Bid prior to the bid closing time. The Procuring Entity must allow the bidder a reasonable amount of time to provide the clarification of the E-Bid. 26.4. The bidder cannot clarify the E-Bid after the bid closing time. 26.5. In case there is any inconsistency or unclear content in the E-Bid, the Procuring Entity shall request clarification from the bidder in compliance with the provisions of Section 26.1 of the E-Bid Document. 26.6. In case of suspicion about the authenticity of the documents provided by the bidder, the Investor, or the Procuring Entity is entitled to verify with relevant organizations or individuals regarding the content of the documents. 26.7. In case the E-Bid Document requires commitments or principle contracts for equipment rental, main material supply, warranty, maintenance, or servicing, and the E-Bid does not include these documents, the Procuring Entity shall request the bidder to clarify the E-Bid and supplement the documents within a reasonable period, but not less than 3 working days, to serve as the basis for evaluating the E-Bid. |
27. Discrepancies, Conditions, and Omissions | 27.1. "Discrepancies" are differences from the requirements stated in the E-Bid Document; 27.2. "Conditions" are conditions that are restrictive or show a lack of full acceptance of the requirements stated in the E-Bid Document; 27.3. "Omissions" occur when the bidder fails to provide part or all of the information or documents required in the E-Bid Document. |
28. Determining E-Bid Responsiveness | 28.1. The Procuring Entity will determine the responsiveness of the E-Bid based on the content of the E-Bid in accordance with Section 10 of the E-Bid Document.. 28.2. A responsive E-Bid is one that meets the requirements stated in the E-Bid Document without any major discrepancies, conditions, or omissions. Major discrepancies, conditions, or omissions refer to those points in the E-Bid that:: a) If accepted, would significantly affect the scope, quality, or performance of the works as defined in the contract; or significantly limit the Investor's rights or the bidder's obligations under the contract, in a manner inconsistent with the E-Bid Document;; b) If corrected, would unfairly affect the competitive position of other bidders whose E-Bids meet the basic requirements of the E-Bid Document.. 28.3. The Procuring Entity must check the technical aspects of the E-Bid according to Section 15 of the E-Bid Document, and the check of the technical proposal must confirm that all the requirements stated in Part 2 – Technical Requirements have been met, and that the E-Bid does not have any major discrepancies, conditions, or omissions.. 28.4. If the E-Bid does not meet the basic requirements stated in the E-Bid Document, it will be rejected; it is not permitted to correct major discrepancies, conditions, or omissions in the E-Bid to make it responsive to the E-Bid Document.. |
29. Minor Errors | 29.1. Provided that the E-Bid basically meets the requirements stated in the E-Bid Document, the Procuring Entity and the evaluation committee may accept minor errors that do not constitute major discrepancies, conditions, or omissions in the E-Bid; 29.2. Provided that the bid basically meets the requirements stated in the E-Bid Document, the Procuring Entity and the evaluation committee may request the bidder to provide the necessary information or documents within a reasonable time to rectify non-compliant or minor errors in the bid related to the document requirements. The request for information and documents to rectify these errors must not relate to any element of the bid price. The bidder's E-Bid will be rejected if the bidder fails to meet the request of the Procuring Entity; 29.3. Provided that the E-Bid basically meets the requirements stated in the E-Bid Document, the Procuring Entity and the evaluation committee shall adjust minor errors that can be quantified in relation to the bid price; the bid price shall be adjusted to reflect the cost of missing or non-compliant items; this adjustment is only for the purpose of comparing bids. |
30. Subbidders | 30.1. A subbidder is an organization or individual that signs a contract with the bidder to participate in performing part of the work listed in the bidder's bid price summary; they do not include organizations or individuals providing materials, fuel, supplies, prefabricated components, equipment, or renting construction equipment. The bidder's hiring of labor to perform the work does not constitute the use of subbidders. The bidder must declare the subbidder and the work items assigned to the subbidder according to Form No. 09A in Chapter IV. If at the time of bidding, the subbidder has not been identified, the bidder must declare the anticipated work items to be assigned to the subbidder. 30.2. The use of subbidders does not alter the responsibilities of the bidder. The bidder remains responsible for the quantity, quality, schedule, and other obligations for the work performed by the subbidder. The capacity and experience of the subbidder will not be considered when evaluating the bidder's E-Bid, except as provided in Section 30.5 of the E-Bid Document. The bidder must meet the criteria for capacity and experience (without considering the capacity and experience of the subbidder). The bidder may sign contracts with the subbidders listed in the E-Bid or with subbidders approved by the investor to participate in performing the construction work. 30.3. The bidder may only use subbidders for work with a total value not exceeding the percentage (%) of the bidder's bid price as specified in E-Bidding Documents List. 30.4. If the bidder transfers the bid as defined in Clause 8, Article 16 of the Law on Bidding, they will be prohibited from participating in bidding activities according to the provisions of Point b, Clause 1, Article 125 of Decree No. 24/2024/ND-CP. 30.5. The investor may allow the bidder to use special subbidders as specified in E-Bidding Documents List. In this case, the bidder must declare the list of special subbidders according to Form No. 09B in Chapter IV and declare the capacity and experience of the special subbidders. The Procuring Entity evaluates the capacity and experience of the special subbidders according to the evaluation criteria specified in Clause 2.3, Section 2, Chapter III. If the special subbidder does not meet the requirements of the E-Bid Document and the bidder's capacity and experience do not meet the requirements for the work assigned to the special subbidder, the bidder's E-Bid will be deemed non-responsive. When using special subbidders, the bidder is not required to meet the capacity and experience requirements for the work assigned to the special subbidder. 30.6. The investor and the Procuring Entity are not permitted to allow the bidder to use a subbidder who has provided consulting services for the package in which the bidder was selected, and these consulting services include: preparing, verifying technical designs, construction drawings, estimates, FEED designs; price appraisal; contract supervision, inspection; preparing and verifying the E-Bid Documents and the bidding documents; evaluating E-Bids; verifying prequalification results, bidder selection results; project management consulting, contract management consulting, or other consulting services directly related to the bidding package. |
31. Adjustment | 31.1. Adjustment for surplus discrepancies (only applicable for lump-sum contracts): The bidder's bid price is considered to include all necessary costs to implement the package according to the design and technical requirements stated in the E-Bid Document, and no adjustments will be made in cases where the scope of work proposed by the bidder in the E-Bid differs from the requirements in the Work Item Table as per Form No. 01A, Chapter IV, except when the work proposed by the bidder is outside the scope required in the E-Bid Document (beyond the quantity needed to complete the design); in this case, the portion of work beyond the scope required in the E-Bid Document will be considered surplus and the value of the surplus items will be deducted. 31.2. If the bidder offers a discount, the discount will be calculated as a percentage of the bid price after adjusting for surplus discrepancies. 31.3. After adjusting for surplus discrepancies according to Section 31.1 of the E-Bid Document, the Procuring Entity must notify the bidder on the System regarding the adjustment for surplus discrepancies in the bidder's E-Bid. Within 03 working days from the receipt of the notice from the Procuring Entity, the bidder must respond to the Procuring Entity, indicating their acceptance of the adjustment for surplus discrepancies as notified by the Procuring Entity. If the bidder does not accept the adjustment for surplus discrepancies as notified by the Procuring Entity, the bidder's E-Bid will be rejected. |
32. Preferences in bidder Selection | 32.1. In case, after evaluation, there are multiple bidders evaluated as equally best, the following order of preference will be applied until the winning bidder is selected: a) Award the contract to small and medium-sized enterprises owned by women as stipulated by the law on supporting small and medium-sized enterprises (if applicable); b) Award the contract to the bidder with a higher technical score or with fewer accepted technical evaluation criteria in case of packages applying the lowest price method; award the contract to the bidder with the lowest bid price after correcting errors, adjusting discrepancies, and deducting discounts (if any) in case of packages applying the evaluated price method or the combined method of technical and price evaluation; c) Award the contract to the bidder headquartered in the locality where the package is implemented; d) Award the contract to the bidder employing 25% or more of their labor force as war invalids or persons with disabilities with labor contracts valid for at least 3 months from the bid submission deadline; đ) Award the contract to the bidder employing 25% or more of their labor force as ethnic minorities with labor contracts valid for at least 3 months from the bid submission deadline; e) Award the contract to the bidder employing 25% or more of their labor force as women with labor contracts valid for at least 3 months from the bid submission deadline; g) Allow these bidders to submit a revised bid price to select the bidder with the lowest price. The bidder is not allowed to submit a price higher than the one they initially offered after correcting errors, adjusting discrepancies, and deducting discounts (if any). The resubmission of bid prices is conducted in accordance with point a, clause 8, Article 131 of Decree No. 24/2024/ND-CP; h) Invite these bidders to participate in online bidding using the simplified process. The bidder is not allowed to submit a price higher than the one they initially offered after correcting errors, adjusting discrepancies, and deducting discounts (if any). 32.2. In cases falling under the preferences stated in Section 32.1 of the E-Bid Document, the bidder must attach proof documents in the E-Bid. |
33. Document Verification | 33.1. The bidder is invited to verify documents. The bidder must submit a set of documentsproving eligibility, capacity, and experience to the Procuring Entity for verification against the information declared in the E-Bid, including: a) The original bid security (in cases where a letter of guarantee or insurance certificate is used in paper form) or cashor bank draft as specified in Section 18.7 of the E-Bid Document; b) For bidders who manually updated tax data on the System from 2021 onwards (not automatically extracted by the System), a document proving tax declaration and payment obligations for the most recent year that matches the bidder’s tax data on the electronic tax system. If the bidder's data was extracted from the electronic tax system by the System, no documents are required for verification; c) For bidders who manually updated financial data on the System from 2021 onwards (not automatically extracted by the System), financial documents as specified in Form No. 08A of Chapter IV that match the financial data on the electronic tax system. If the bidder's data was extracted from the electronic tax system by the System, no documents are required for verification; d) Documents proving similar contracts declared by the bidder, attached in the E-Bid (contracts, acceptance minutes, liquidation, invoice information as required by law...); đ) Documents proving financial resources as specified in Form No. 08B, Form No. 08C of Chapter IV; e) Documents proving the ability to mobilize personnel, equipment, degrees, and certificates of personnel as declared by the bidder in the E-Bid; g) Other documents (if any). 33.2. bidders with documents that meet the requirements will proceed to contract negotiation (if applicable) and be considered for award approval. In cases where tax data and revenue from 2021 onwards, self-updated by the bidder, do not match the data on the electronic tax system, resulting in misleading selection outcomes, the bidder will be disqualified and deemed to have committed fraud under point b, Section 4.4 of the E-Bid Document. 32.3. In cases where contract negotiation is applied as per Section 34 of the E-Bid Document, document verification will take place during the contract negotiation. bidders invited for document verification that do not meet the requirements of the E-Bid Document will be replaced by the next-ranked bidder for verification. |
34. Contract Negotiation | 34.1. Contract negotiations are conducted as per the regulations in E-Bidding Documents List; 34.2. Contract negotiation must be based on the following: a) E-Bid evaluation report; b) The bidder's E-Bid and any documents clarifying the E-Bid (if any); c) The E-Bid Document, including general conditions, specific contract conditions, and any documents clarifying or amending the E-Bid Document (if any). 34.3. Principles of contract negotiation: a) No negotiation on matters the bidder has already offered as per the requirements of the E-Bid Document; b) No changes are allowed to the unit prices determined during the financial evaluation step. 34.4. Contract negotiation content: a) Content that is insufficient, unclear, or inconsistent between the E-Bid Document and the E-Bid, or between different sections of the E-Bid that may lead to issues, disputes, or affect the responsibilities of the parties during contract performance; b) Any proposed changes or alternative technical solutions by the bidder, if the E-Bid Document permits the bidder to offer alternative technical solutions under Section 12.1 of the E-Bidding Documents List; c) Negotiations on personnel: During negotiations, the bidder is not allowed to change key personnel (personnel proposed in the E-Bid or personnel already replaced once before contract negotiation), except in cases where the E-Bid evaluation period exceeds the anticipated time in the bidder selection plan or due to force majeure that makes it impossible for the proposed key personnel to participate in contract performance. In such cases, the bidder may replace personnel but must ensure that the replacement personnel have equivalent or higher qualifications, experience, and capacity compared to the proposed personnel, and the bidder cannot change the bid price; d) Negotiations on any issues that arose during the bidder selection process (if any) aimed at finalizing the detailed content of the package; đ) Negotiations on minor errors as stipulated in Section 29 of the E-Bid Document; e) Negotiations on other necessary content. 34.5. During the contract negotiation process, the parties involved will finalize the draft contract document; specific conditions of the contract, and appendices, including detailed lists of work scope, pricing schedules, and performance timelines (if any). 34.6. If negotiations fail, the Procuring Entity will report to the investor for consideration and decision to invite the next-ranked bidder for negotiation. If negotiations with subsequent bidders also fail, the Procuring Entity will report to the investor for consideration and decision to cancel the bidding as per point a, Section 36.1 of the E-Bid Document. 34.7. In cases where objective or force majeure reasons prevent the bidder from negotiating the contract directly with the Procuring Entity, the Procuring Entity may consider conducting negotiations online. |
35. Conditions for Awarding the Contract | A bidder will be considered and recommended for contract award if they meet the following conditions: 35.1. Have a valid E-Bid as specified in Section 1, Chapter III; 35.2. Have the capacity and experience that meet the requirements specified in Section 2, Chapter III; 35.3. Have a technical proposal that meets the requirements specified in Section 3, Chapter III; 35.4. Meet the conditions as specified inE-Bidding Documents List; 35.5. Have a proposed bid price(inclusive of taxes, fees, and charges (if any)) that does not exceed the package price to be the basis for awarding the contract as stipulated in E-Bidding Documents List. |
36. Bid Cancellation | 36.1. Bid cancellation cases include: a) All E-Bids fail to meet the requirements of the E-Bid Document; b) Changes to the objectives or scope of investment in the approved investment decision lead to changes in the workload and evaluation criteria specified in the E-Bid Document; c) The E-Bid Document does not comply with the provisions of the Law on Bidding and other related laws, leading to the selected bidder failing to meet the requirements to perform the package; d) The winning bidder commits prohibited acts as prescribed in Article 16 of the Law on Bidding; đ) Other organizations or individuals outside the winning bidder commit prohibited acts as prescribed in Article 16 of the Law on Bidding, leading to distorted bidder selection results. 36.2. Organizations and individuals violating the provisions of the law on bidding that result in bid cancellation as per points c, d, and đ of Section 36.1 of the E-Bid Document must compensate the relevant parties and are subject to penalties under the law. 36.3. In case of bid cancellation under this section, within 05 working days, the investor and the Procuring Entity must return or release the bid security for bidders who submitted the original bid security, except for bidders who violated the provisions at points d and đ of Section 36.1 of the E-Bid Document. |
37. Notification of bidder Selection Results | 37.1. The investor must post the bidder selection results on the System along with the E-Bid evaluation report within 05 working days from the date of approval of the bidder selection results. The content of the bidder selection notification includes the following: a) Information about the package: - Electronic Invitation To Bid number; - Name of the package; - Approved package price or estimate (if any); - Name of the investor; - Method of bidder selection; - Type of contract; - Package implementation period; b) Information about the winning bidder: - Tax code; - Name of the bidder; - Bid price; - Bid price after adjusting surplus discrepancies (if any), discount (if any); - Technical score (if applicable); - Evaluation price (if applicable); - Awarded bid price; - Package execution time; - Contract execution time. c) List of unselected bidders and a summary of reasons for non-selection of each bidder. 37.2. In case a bidder requests a specific explanation for not being awarded, they may submit a request to the investor or meet directly with the investor. The investor is responsible for responding to the bidder's request within 02 working days from the date of receiving the request. 37.3. In case of bid cancellation as specified in point a of Section 36.1 Electronic Content Delivery Network Technology, the notification of bidder selection results and the System must clearly state the reason for bid cancellation. |
38. Notification of E-Bid Approval and Contract Award | After the investor posts the bidder selection results, the Procuring Entity sends a notification of E-Bid approval and contract award through the System, including requirements on contract performance security, time to finalize, and sign the contract as stipulated in Form No. 14, Chapter VIII, to the awarded bidder. The notification of E-Bid approval and contract award is part of the contract documents. If the awarded bidder fails to finalize or sign the contract, or fails to submit contract performance security within the time specified in the notification of E-Bid approval and contract award, the bidder will be disqualified, and the bid security will not be returned as per point b of Section 18.5 Electronic Content Delivery Network Technology. The deadline stated in the notification of E-Bid approval is calculated from the date the Procuring Entity sends this notification to the awarded bidder on the System. |
39. Conditions for Signing the Contract | 39.1. At the time of contract signing, the selected bidder's E-Bid must still be valid. 39.2. At the time of contract signing, the selected bidder must ensure they meet the technical and financial capacity requirements to perform the package as per the E-Bid Document. If the bidder no longer meets the basic technical and financial capacity requirements as stated in the E-Bid Document, the investor will refuse to sign the contract with the bidder. The investor will cancel the decision approving the bidder selection results, and the previously issued notification of E-Bid approval and contract award, and will invite the next ranked bidder to review documents and negotiate the contract (if applicable). 39.3. The investor must ensure the conditions for advance capital, payment capital, site clearance, and other necessary conditions to execute the package on schedule. |
40. Contract Performance Security | 40.1. Before signing the contract or before the contract takes effect, the awarded bidder must provide contract performance security as stipulated in Section 5, E-GCC, Chapter VI. If contract performance security is applied, it must use the form in Chapter VIII or another form accepted by the investor. 40.2. The bidder will not be refunded the contract performance security in the following cases: a) Refusal to execute the contract when it becomes effective; b) Violation of the contract agreement; c) Delays in contract execution due to the bidder's fault but refusal to extend the validity of the contract performance security. |
41. Resolution of Bidding Complaints | 41.1. If the bidder, agency, or organization feels their legitimate rights and interests are affected, they may file a complaint to the competent authority or the investor to review the issues during the bidder selection process or the bidder selection results as per Articles 89, 90, and 91 of the Law on Bidding. 41.2. In case of a complaint to the investor, the bidder, agency, or organization shall submit the complaint directly through the System. In case of a complaint to the competent authority, the bidder shall submit the complaint to the address specified in E-Bidding Documents List. |
42. Supervision of the bidder Selection Process | If any act or content that does not comply with bidding law is detected, the bidder is responsible for notifying the organization or individual performing the supervision task as specified in E-Bidding Documents List. |