Gói thầu hỗn hợp là gì? Quy trình đấu thầu gói thầu hỗn hợp?

What is a mixed bidding package? Bidding process for mixed bidding packages? The process of bidding for mixed bidding packages according to Decree 63/2014/ND-CP?

In fact, today, when society is constantly developing in all fields, bidding is not too strange for everyone. In bidding activities, it is impossible to ignore contractors and contractors because, it is a part or the whole project of the bidding. So what is a mixed bidding package? Bidding process for mixed bidding packages?

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Legal basis:

– Law on Bidding 2013;

– Decree 63/2014/ND-CP guiding the Bidding Law on contractor selection.

1. What is a mixed bidding package?

In the content of this section, the author will send to readers the concept of what is a mixed bidding package? However, before that, the author will send you readers about the concept of bidding packages so that readers can understand exactly what is the concept of bidding packages and mixed contractors?

On the basis of the provisions of Clause 22, Article 4 of the Law on Bidding 2013, there are regulations on the definition of a bidding package as follows: “A bidding package is a part or the whole of a project or procurement estimate; The bidding package may include the same procurement contents of many projects, or the volume of one-time procurement, the volume of procurement for a period, for regular procurement, or concentrated procurement”.

On the basis of the provisions of Clause 23, Article 4 of the Law on Bidding 2013, the definition of a mixed bidding package is defined as follows:Mixed bidding packages is a bidding package including design and supply of goods (EP); design and construction (EC); goods supply and construction (PC); design, supply and construction (EPC); project planning, design, delivery and construction (turnkey).”

Thus, it can be seen that the mixed bidding package is one of the bidding packages that includes a lot of work and the working content of a project. For this bidding package, it is almost as if all activities of a project have been carried out, not just like a normal bidding package, only part or the whole project, the procurement estimate.

see more: What is the bid price? The latest regulation on bidding package prices in bidding?

2. Bidding process for mixed bidding packages:

The bidding process is carried out through four stages which are: stage 1 bidding preparation, stage 1 bidding, stage 2 bidding preparation and stage 2 bidding. Bidding stages The mixed bidding package is implemented as follows:

First, prepare for bidding phase 1

At this stage, the order of implementation according to Article 44 of Decree 63/2014/ND-CP is as follows:

Step 1. Shortlist selection (if any)

On the basis of provisions in Clause 1, Article 22 of Decree 63/2014/ND-CP, the owner shall carry out the order and procedures for the case in contractor selection plan of the bidding package if there is a short list selection.

Step 2. Select the unit to prepare the bidding documents and evaluate the bids

If in the approved contractor selection plan, there is a consulting tender package for preparation of bidding documents and evaluation of bids, the bid solicitor shall organize the selection of a consulting contractor for implementation, otherwise the investor/ direct bid solicitor.

– In case of hiring a consultant, the bid solicitor shall organize the selection of a consulting contractor in the form of shortened appointment of contractor (contract package ≤ 500 million).

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see more: What is a small-scale contract? Selection of contractors for small packages?

– In case the dossier must satisfy the conditions specified in Clause 2, Article 6 of the Bidding Law, the investor/procuring party shall directly perform it, the individual shall be directly assigned.

Step 3. Prepare and submit bidding documents for phase 1

– Dossier preparation unit prepares bidding documents

– After making the bidding documents, the bid solicitor shall submit to the investor for approval, the dossier shall be submitted according to Clause 1, Article 105 of Decree 63/2014/ND-CP.

Step 4. Selection of unit to appraise bidding documents and contractor selection results

– If in the approved contractor selection plan, there is a consulting tender package for evaluation of bidding documents and contractor selection results, the bid solicitor shall organize the selection of a consulting contractor for implementation, otherwise the investor direct contractor/procuring entity

– Members of the appraisal team must meet the conditions under Article 4 of Circular 19/2015/TT-BKHĐT

Step 5. Evaluation of bidding documents for stage 1

see more: Regulations on dividing projects into bidding packages, separating bidding packages

– The order of execution is as follows:

+ Each appraisal member makes a commitment before conducting the appraisal

+ According to the assigned tasks, the members conduct the appraisal of the contents according to Clause 2, Article 5 of Decree 63/2014/ND-CP

+ After the appraisal is completed, the appraisal team (or appraisal consulting unit) prepares an appraisal report and submits it to the investor.

– Time for appraisal: 20 days from the date of receiving the complete dossier (according to Circular 19/2015/TT-BKHDT article 3)

Step 6. Approve bidding documents for phase 1

– The investor approves the bidding documents (according to the Bidding Law, Article 74, Clause 1, Point c)

+ Grounds for approval include: Proposal of the bid solicitor, report on evaluation of bidding documents

see more: Detailed process of implementing direct procurement bidding package

+ Form of Decision on approval of bidding documents

– Time for approval: 10 days from the date of receipt of the appraisal report (according to the Bidding Law, Article 12, Clause 1, Point i)

Second, organize the bidding phase 1

Order of implementation according to Article 45 of Decree 63/2014/ND-CP

Step 1. Notice of invitation to bid for phase 1

– Contents comply with Clause 1, Article 26 of Decree 63/2014/ND-CP

– The cost of posting the notice of invitation to bid is VND 330,000 (according to Clause 1, Article 24 of Circular 11/2019/TT-BKHDT).

Step 2. Issuing, amending and clarifying the bidding documents for phase 1

see more: Does replacing the bid package price need re-appraisal and re-approval?

– Comply with Clause 2, Article 45 of Decree 63/2014/ND-CP

– View Detailed Contents

Step 3. Preparing, submitting, receiving, managing, amending and withdrawing phase 1 bids

Contents complying with Clause 3, Article 45 of Decree 63/2014/ND-CP

– Bidders prepare and submit bids

– The bid solicitor receives and manages the bids according to Points b and d Clause 3 Article 14 of Decree 63/2014/ND-CP

– In case it is necessary to amend or withdraw the submitted bid, the contractor shall comply with Point c, Clause 3, Article 14 of Decree 63/2014/ND-CP.

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Step 4. Bidding for phase 1

see more: Dossier and sequence of bidding packages for repair of fixed assets of small value

By the time of bid closing, the bid solicitor shall do the following:

– Bid closing

– Handling the situation (if any)

Step 5. Bidding for phase 1

The bid solicitor shall do the following:

– On the basis of provisions in Clause 4, Article 45 of Decree No. 63/2014/ND-CP, the bid will be opened within 01 hour from the time of bid closing.

– Open each bid in alphabetical order of the bidder’s name and comply with Decree 63/2014/ND-CP, Article 45, Clause 4, Point b:

– Sign and certify the original documents of each dossier according to Decree 63/2014/ND-CP, Article 45, Clause 4, Point d

see more: Handling the situation when the bid price exceeds the approved bidding package price

– Make a Minutes of Bid Opening, together with the contractors attending the Bid Opening Ceremony, sign for certification and send the Minutes to the Contractors (according to Decree 63/2014/ND-CP, Article 45, Clause 4, Point c)

Step 6. Discussion about the stage 1 bids

Contents comply with Decree 63/2014/ND-CP Article 45 Clause 5

– Establishment of the Expert Group

– Make a commitment of the members of the expert group

– Reviewing and discussing bid documents

Third, prepare for bidding phase 2

Step 1. Prepare and submit bidding documents for phase 2

see more: What is the expert salary in the consulting service package?

Contents complying with Clause 1, Article 46 of Decree 63/2014/ND-CP

– The unit prepares a dossier to summarize the contents discussed with each contractor in phase 1 to prepare a bid invitation document for stage 2 (see Template of bidding document)

– After making the bidding documents, the bid solicitor submits to the investor for approval, the dossier is submitted according to Decree 63/2014/ND-CP, Article 105, Clause 1.

Step 2. Evaluation of bidding documents for stage 2

Contents comply with Decree 63/2014/ND-CP, article 46, clause 2, point a

Step 3. Approve bidding documents for phase 2

Contents comply with Decree 63/2014/ND-CP, Article 46, Clause 2, Point b

– The investor approves the bidding documents (according to the Bidding Law, Article 74, Clause 1, Point c)

see more: Regulations on invitation to bid, form of documents for simple non-consulting bidding packages

– Time for approval: 10 days from the date of receipt of the appraisal report (according to the Bidding Law Article 12, Clause 1, Point i)

Fourth, organize the bidding phase 2

Step 1. Notice of invitation to bid for phase 2

– The bid solicitor shall comply with Decree No. 63/2014/ND-CP, Article 46, Clause 3, Point a, on sending invitations to bids inviting bidders who have submitted their bids for phase 1. According to the Bidding Law, Article 12, Clause 1. Point b, the time to send the invitation to bid must be at least 03 working days before the time of issuing the bidding documents

– The bid solicitor publishes the notice of invitation to bid on the National Procurement Network

Step 2. Issuing, amending and clarifying the bidding documents for phase 2

– Comply with Decree 63/2014/ND-CP, Article 46, Clause 3, Point a

– View Detailed Contents

see more: Bidding packages for consulting services under 500 million can be assigned a contractor?

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Step 3. Prepare, submit, receive, manage, amend, withdraw stage 2 bids

Contents complying with Decree 63/2014/ND-CP, Article 46, Clause 3, Point b

Step 4. Bidding for phase 2

By the time of bid closing, the bid solicitor shall do the following:

– Closing the bid

– Handling the situation (if any)

Step 5. Bidding for phase 2

Contents to comply with Decree 63/2014/ND-CP, Article 46, Clause 4 are as follows:

see more: In the bidding package for procurement of equipment under 500 million, do you sell the required documents?

– Within 01 hour from the time of bid closing (according to Decree 63/2014/ND-CP, Article 14, Clause 4, Point a), the bid solicitor shall conduct:

+ Open each bid in alphabetical order of contractor’s name and comply with Decree 63/2014/ND-CP, article 14, clause 4, point b.

+ Sign and certify the original documents of each dossier according to Decree 63/2014/ND-CP, Article 14, Clause 4, Point d

Step 6. Bid evaluation stage 2

Contents comply with Decree 63/2014/ND-CP Article 47

– Make a commitment of the members of the expert group

– Conduct assessment

– Handling situations during the evaluation process

see more: Is it possible to split bidding packages over the limit to appoint contractors?

– Resolving contractor’s recommendations during the evaluation process (if any)

Step 7. Contract Negotiation

– Order of implementation according to Decree 63/2014/ND-CP Article 47 Clause 4

– View Detailed Contents

Step 8. Submit, appraise, approve and publicize contractor selection results

– Order of implementation according to Decree 63/2014/ND-CP Article 48 Clause 1

– View Detailed Contents

Step 9. Settlement of complaints about contractor selection results (if any)

see more: Bid price does not include provision

In case a contractor makes a protest about the contractor selection result, the order of implementation shall comply with the Law on Bidding, Article 92, Clause 2 as follows:

– The contractor sends a written petition to the investor

– Upon receiving the contractor’s petition, the investor will consider and handle it within 07 working days as follows:

– If the investor does not receive a written reply or disagrees with the result of settlement of the investor’s petition, the contractor shall

– After receiving the contractor’s document, the Advisory Council will consider and handle it within 20 days

– Based on the report of the Advisory Council, the investment decider shall issue a document to resolve the petition within 5 working days.

Step 18. Sign the contract

– Based on the notice of contractor selection result, the winning contractor shall complete, sign the contract and send it to the bid solicitor.

see more: Method of contractor selection for large-scale bidding packages

– After receiving the completed and signed contract by the winning contractor, the bid solicitor checks it before submitting it to the investor for signing the contract.

Step 19. Archive of contractor selection documents

The investor shall comply with Decree 63/2014/ND-CP, Article 10 as follows:

– In case a contractor is selected

– In case of bid cancellation: relevant documents are kept for 12 months from the date of bid cancellation

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