02 hours is the time limit for opening bids on the online bidding system? Responsibilities of contractors during the bidding process according to Circular 08/2022/TT-BKHDT?
Time limit for opening bids on the online bidding system not more than 02 hours?
According to Article 31 of Circular 08/2022/TT-BKHDT, the deadline for bid opening for contractor selection on the online bidding system is:
"Article 31. Bidding opening for online selection of contractors
1. For bidding packages applying the one-stage one-envelope method:
The bidder must open bids and publicize the bid opening minutes on the System within no more than 2 hours from the time of bid closing.
2. For bidding packages applying the one-stage two-envelope method:
a) The bid solicitor must open the E-Technical Proposal and publish the minutes to open E-Technical Proposal on the System within no more than 02 hours from the time of bid closing;
b) After receiving a decision approving the list of contractors meeting technical requirements, the bid solicitor shall upload this list on the System and attach a scanned copy of the approval document for the list of qualified contractors on the System. After successful posting, the system sends a notice to the bidders participating in the bidding package;
c) After posting the list of bidders meeting the technical requirements, the Procuring Entity opens the E-Financial Proposal of the bidders whose names are on the list of bidders meeting the technical requirements and publishes the minutes of E-Financial Proposal on the System."
Thus, the time limit for opening bids on the Online Procurement System is within 02 hours from the time of bid closing according to the above regulations.
02 hours is the time limit for opening bids on the online bidding system? Responsibilities of contractors during the bidding process according to Circular 08/2022/TT-BKHDT?
What are the contractor's responsibilities in the process of participating in bidding on the Online Bidding System?
According to Article 26 of Circular 08/2022/TT-BKHDT stipulating the responsibilities of contractors in the process of participating in bids on the online bidding system:
The contractor is responsible for the accuracy of the information declared on the webform and attached documents during the bidding process. Contractors enter information as required by E-HSQT, E-HSMST, E-HSMT and attach document files to form a set of E-HSQT, E-HSDST, and E-HSDT:
- Information about the validity of the E-Bidding documents:
+ For the content of the bid security, the contractor shall declare the information and attach a scanned copy of the bid security;
+ For the remaining contents, the contractor only declares information on the webform without attaching scanned copies of relevant documents and documents.
Information about capacity and experience:
+ For similar contracts, production capacity: the contractor declares and attaches relevant documents to prove the declared information;
+ For the requirement of financial resources: the contractor declares information in case the contractor uses the commitment to provide credit to prove his financial resources.
In addition to having to declare information, the contractor attaches a scanned copy of the commitment to provide credit
+ For annual revenue, net asset value: from 2021 onwards, the system automatically extracts data on financial statements from the National Information System on Business Registration, the Tax System electronically into the contractor's qualification file;
+ For other contents: the contractor declares on the webform without attaching scanned copies of relevant documents and documents;
For financial statement data from 2021 onwards, in case the contractor finds that the system has not updated the data compared to the electronic tax system of the years from 2021 onwards, the contractor shall amend the information to be consistent with the data reported to the tax authorities; In case the data updated or modified by the contractor on the System is not consistent with the data on the Electronic Tax System, leading to falsifying the contractor selection results, the contractor will be considered fraudulent, violating the Clause 4 of Article 89 of the Law on Bidding.
- The contractor is responsible for studying E-HSMT, E-HSMST, E-HSMT for the bidding packages that the contractor is interested in to prepare E-HSQT, E-HSDST, EHSDT to suit the requirements of the E-HSMT. HSMQT, E-HSMST, E-HSMT. In case it is discovered that the E-HSMT, E-HSMST, and E-HSMT contain unclear contents, causing difficulties for the contractor in preparing the E-HSQT, E-HSDST, and E-HSDT, the contractor must request the bid solicitor shall clarify the E-HSMQT, E-HSMST, and E-HSMT for the investor and the bid solicitor to amend and supplement these documents accordingly.
- The contractor is responsible for monitoring and updating information on the System for the bidding package that the contractor is interested in or attends. In case errors occur due to failure to monitor and update information on the System, leading to disadvantages for bidders during the bidding process, including: change or modification of E-HSMQT, EHSMST, E-HSMT , time for submission of E-HSQT, E-HSDST, E-HSDT, time for clarification of E-HSQT, E-HSDST, E-HSDT, contract negotiation time and other contents, the contractor must be solely responsible responsibility and disadvantage during the bidding process,
- In case the legal representative of the contractor authorizes the branch director, the director of the dependent cost-accounting subsidiary, the director of the enterprise, etc. to perform the tasks during the bidding process, Bidding on the System must be done using the contractor's account participating in the System, but not using the System participating account of the branch, subsidiary, enterprise... using the account participating in the System of the branch or its dependent cost-accounting units), the contractor will be considered as not meeting the eligibility requirements as prescribed in Clause 1, Article 5 of the Bidding Law.
How is the bidder's eligibility regulated?
According to Clause 1, Article 5 of the Bidding Law 2013, the eligibility of bidders on the online bidding system is:
“Article 5. Eligibility of bidders/investors
1. A bidder or investor being an organization shall be deemed to be eligible when it satisfies the following conditions:
a) Having registration for establishment and operation issued by the competent authority of country where it is operating;
b) Keeping independent accounting records;
c) Not undergoing dissolution process, are not thrown into bankruptcy, and do not incur bad debts as prescribed by law.
d) Having registered on National E-procurement System;
dd) Ensuring the competitiveness in bidding as prescribed in Article 6 hereof;
e) Not being banned from bidding;
g) Its name is stated in short list for case where the short list has been selected;
h) Being in a joint venture with domestic contractors or employment of domestic subcontractors in case of a foreign contractor making an international bidding in Vietnam, unless the domestic contractor cannot acquire the competencies necessary to perform any portion of the package.”
Thus, the bidder is considered eligible when meeting the above conditions.
Circular 08/2022/TT-BKHDT comes into force from August 1, 2022.
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