From August 1, 2022, how to announce the release and modification of bidding documents on the Vietnam National E-Procurement System?
How to announce a bid invitation on the Vietnam National E-Procurement System?
According to Article 16 of Circular 08/2022/TT-BKHDT stipulating the notice of invitation to bid, E-bidding notices is as follows:
The procuring entity shall post the E-bidding notices on the System and select the suitable process according to the approved bidders selection plan. The modification or cancellation of the E-bidding notice may only be done before the time of bid closing, unless no bidder submits the bid or E-bids.
From August 1, 2022, how to announce the release and modification of bidding documents on the Vietnam National E-Procurement System?
How to issue amendments to clarify the E-bidding documents on the Vietnam National E-Procurement System?
According to Article 17 of Circular 08/2022/TT-BKHDT stipulating the issuance, amendment and clarification of E-bidding documents on the Vietnam National E-Procurement System as follows:
- Issuance: During the posting of the bidding notices, the E-bidding notices, the procuring entity must attach the following documents:
+ Decision on approval of bidding documents, E-bidding documents;
+ Bidding documents and E-bidding documents which are approved ;
+ For offline bidders selection, the bidding documents will be released on the System immediately after the successful posting of the bidding documents.
+ In case of selling bidding documents (the electronic version has been released on the System), when submitting bids, the bidders must pay the procuring entity an amount equal to the selling price of the bidding documents as prescribed in Clause 1 of this Article. Article 9 of Decree No. 63/2014/ND-CP. The procuring entity may not issue a paper copy of the bidding document to the bidders. In case the procuring entity issues a paper copy to the bidders, the paper copy is not valid for preparation and evaluation of the bid.
+ In case the content of the bidding documents and E-bidding documents posted on the System is different from the content of the approved bidding documents and E-bidding documents, the bidding documents and E-bidding documents will be issued. on the System is the basis for making and evaluating bids and E-bids.
- Revision:
For offline bidders selection, in case of amending the bidding documents after being released, the procuring entity must upload the documents in one of the following two ways on the System:
+ The decision to amend together with the revised contents of the bidding dossier;
+ The revised decision and the revised bid invitation document must clearly show the revised content in the revised bidding document.
For online bidders selection, in case of modification of the E-bidding documents after its release, the procuring entity must upload the following documents on the System:
+ The decision to amend together with the revised contents of the E-bidding documents; - E-bidding documents has been revised.
- Clarify:
+ For offline bidders selection, in case it is necessary to clarify the bidding documents, the bidders must send a request for clarification to the procuring entity via the System at least 03 working days (for domestic bidding), at least 05 working days (for international bidding) before the bid closing date for consideration and handling.
+ For online bidders selection, in case it is necessary to clarify the E-bidding documents, the bidders must send a request for clarification to the procuring entity via the System at least 03 working days before the bid closing date to view. review and process.
+ The procuring entity receives the bidders’ request for clarification and posts the clarification of the bidding documents and E-bidding documents on the System within at least 02 working days before the bid closing date. ;
- The content of clarification of the bidding documents and the E-bidding documents must not be contrary to the contents of the approved bidding documents and E-bidding documents. In case the receipt of the request for clarification of the bidding documents and the E-bidding documents leads to the modification of the bidding documents and the E-bidding documents, the modification of the bidding documents and the E-bidding documents shall comply with the provisions of Clause 1 of this Article. Clause 2 of this Article on the basis of compliance with the time prescribed at point m, clause 1, Article 12 of the Bidding Law and point c, clause 2, Article 64 of Decree No. 63/2014/NDCP;
- If necessary, the procuring entity organizes a bid-advancement conference to discuss the contents of the bidding documents and E-bidding documents that are not clear to the bidders. The procuring entity shall publish the invitation to attend the meeting proposing bidding on the System. The content of the exchange between the procuring entity and the bidders must be recorded in the minutes by the procuring entity and posted on the System within a maximum of 02 working days from the end of the bidding conference.
What is the time for sending a document to modify a Bid to bidders in Vietnam?
According to point m, Clause 1, Article 12 of the Law on Procurement 2013:
- Time for sending a document to modify a Bid to bidders already received Bid shall be 10 days minimally for domestic bidding and 15 days minimally for international bidding before day of deadline for submisison of bids; for modification of dossier of invitation for expression of interest, Prequalification Document, Request for Proposals, it shall be 03 working days minimally before day of deadline for submisison of bids. If time for sending a document to modify dossiers fail to meet provision at this point, the Procuring Entity shall perform extension of deadline for submisison of bids time respectively in order to ensure provision on time for sending a document to modify a dossier of invitation for expression of interest, dossier of prequalification invitation, Bid or Request for Proposals
At point c, clause 2, Article 64 of Decree 63/2014/NDCP:
- When the invitation for bids must be adjusted, the procuring entity must notify the bidders at least 03 working days before the deadline for submitting bids in order for them to have enough time to prepare their bids;.
Circular 08/2022/TT-BKHDT takes effect from August 1, 2022.
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