1. What is the profile of interest and prequalification application?
Dossier of interest and prequalification application are all documents prepared by the contractor and investor and submitted to the bidding party according to the requirements of the dossier of interest and prequalification. (Clause 28, Article 4 of the Bidding Law 2013)
Invitation for expression of interest and prequalification documents are all documents that include capacity and experience requirements for contractors and investors as a basis for the bidding party to select a list of contractors and contractors. investment that passes pre-qualification, the list of contractors whose documents of interest are evaluated to meet the requirements of the invitation for expression of interest documents. (Clause 27, Article 4 of the Bidding Law 2013)
2. Regulations on ensuring competition in bidding
2.1. General regulations on ensuring competition in bidding
(i) Contractors submitting expressions of interest and prequalification documents must be legally independent and financially independent from consulting contractors who prepare expressions of interest and prequalification documents; Evaluate applications of interest and prequalification applications; Appraisal of invitation for interest results and pre-qualification results.
(ii) Bidders must be legally and financially independent from the following parties:
– Investor, bidding party;
– Consulting contractors prepare, verify and evaluate design documents and estimates; Prepare and evaluate bidding documents and request documents; evaluate bids and proposals; appraise the results of contractor selection for that bidding package;
– Other contractors participating in the same bidding package for limited bidding.
(iii) The consulting contractor supervising contract implementation must be legally and financially independent from the contractor implementing the contract and the consulting contractor inspecting that bidding package.
(iv) Investors participating in the bidding must be legally and financially independent from the following parties:
– Bidding consulting contractors for investment projects using land until the date of signing the project contract;
– Competent state agencies, bidding parties.
2.2. Ensuring competition in bidding in case of contractor selection
According to the provisions of Article 2 of Decree 63/20214/ND-CP guiding the Bidding Law on contractor selection:
– Interested bidders participating in prequalification must meet the regulations in (i) and (ii) Section 2.1.
– Contractors participating in mixed bidding packages must be legally independent and financially independent from the contractor who prepares the feasibility study report, prepares technical design documents, and prepares construction drawing design documents. for that bidding package, unless this work content is part of a mixed bidding package.
– Consulting contractors can participate in providing one or more consulting services for the same project. The bidding package includes: Preparing pre-feasibility study report, preparing feasibility study report, preparing design documents. Technical design, construction drawing design documents, supervision consulting.
– The contractor is assessed as legally independent and financially independent from other contractors; with consulting contractors; with investors and bid solicitors specified in Clauses 1, 2 and 3, Article 6 of the Bidding Law when the following conditions are met:
+ Not belonging to the same agency or organization directly managing the public service unit;
+ The contractor and the investor and the bidding party do not have shares or capital contribution of more than 30% of each other;
+ Bidders do not have shares or contributed capital of more than 20% of each other when participating in a bidding package for limited bidding;
+ The contractor participating in the bidding with the consulting contractor for that bidding package does not have each other’s shares or capital contributions; do not have shares or capital contribution of more than 20% of another organization or individual with each party.
In the case of a state-owned economic corporation, if the products and services included in the bidding package are the main production and business lines of the corporation and are the output of this company, and at the same time the input of the other company in the contract. group, the group and its subsidiaries are allowed to participate in each other’s contractor selection process. In case the products or services included in the bidding package are the output of this company and at the same time the input of another company in the group and are unique in the market, the regulations of the Prime Minister shall comply.
2.3. Ensuring competition in bidding in case of investor selection
According to the provisions of Article 2 of Decree 25/2020/ND-CP (amended by Clause 1, Article 89 of Decree 35/2021/ND-CP):
Investors participating in bidding are assessed to be legally independent and financially independent from consulting contractors, competent state agencies, and bidding parties as prescribed in Clause 4, Article 6 of the Bidding Law when meet the following conditions:
(i) Investors participating in the bidding do not have shares or capital contributions with the following consulting contractors:
– Consulting contractors verify and appraise pre-feasibility study reports, feasibility study reports, design documents, and estimates;
– Consulting contractors prepare preliminary requirements on capacity and experience; Prepare and evaluate bidding documents; evaluate bid documents; Appraisal of investor selection results.
(ii) The investor participating in the bidding and the consulting contractor specified in (i) do not have the same ownership ratio of 30% of the share capital, contributed capital or more of another organization or individual for each party. .
In case the investor participates in the bidding as a joint venture or selected consulting contractor
As a joint venture, the capital ownership ratio of other organizations and individuals in the joint venture is determined by the total proportion of shares and capital contributions of each member of the joint venture.
(iii) Competent state agencies and bidders do not have a capital ownership ratio of more than 49% of shares or contributed capital of investors. In case the investor participates in the bidding as a joint venture, the capital ownership ratio of the competent state agency and the bidding party in the joint venture is determined according to the following formula:
In there:
Xi: is the capital ownership ratio of the competent state agency and the bidding party in the ith joint venture member.
Yi: is the capital contribution ratio of joint venture member i in the joint venture agreement.
n: is the number of members participating in the joint venture.
