Will the National Procurement System automatically evaluate bids that have not fulfilled their tax obligations?
How is the bid evaluation process on the online bidding system in Vietnam?
According to Article 32 of Circular 08/2022/ND-CP stipulating the process of evaluating bids on the online bidding system in Vietnam as follows:
- Process 01 applies to all bidding packages:
+ Evaluate the validity of the E-HSDT;
+ Assessment of capacity and experience;
+ Technical assessment;
Financial assessment.
- Process 02 applies to the procurement of non-consulting goods and services under the one-stage one-envelope method, using the "lowest price" method, and the E-bids do not contain any Which offer:
+ Based on the record of bid opening, the system automatically ranks the contractor according to the lowest bid price (not required to approve the contractor ranking list in this case);
+ Evaluating the validity of E-HSDT of the first ranked contractor;
+ Evaluation of the capacity and experience of the first ranked contractor;
+ Technical assessment of the first ranked contractor;
If the first ranked contractor does not satisfy, the next ranked contractor shall be evaluated.
- For bidding packages applied under the one-stage one-envelope method, based on the E-Proposals submitted by the bidders on the System and the method of evaluating the E-Proposals specified in the E-HSMT, the inviting party Bidders may choose one of the two procedures specified at Points a and b of this Clause to evaluate the E-Bill. Process 02 is only performed when all the conditions specified at Point b of this Clause are fully satisfied
Will the National Procurement System automatically evaluate bids that have not fulfilled their tax obligations?
How to evaluate bids on the online bidding system in Vietnam?
According to Article 32 of Circular 08/2022/ND-CP stipulating the principles of evaluation of bids on the online bidding system in Vietnam as follows:
- The evaluation of the E-HSDT must be based on the evaluation criteria of the E-HSDT and other requirements in the E-HSMT, the E-HSMT clarification documents, based on the submitted E-HSDT, the explanation documents. explain and clarify the contractor's E-Bill to ensure the selection of a qualified and experienced contractor and a feasible solution to execute the bidding package;
- After selecting the short list, if the contractor changes his/her eligibility to participate in the bid, a written request shall be sent to the bid solicitor for consideration and approval. In case the bid solicitor accepts, the contractor must attach documents proving the capacity and experience in the E-Bidding according to the new eligibility to participate in the bid;
- For the contents of the Automatic Evaluation System, in case the contractor does not declare information or has declared it, but it is incorrect, incomplete, does not meet the requirements of the E-HSMT, the system will evaluate the information. contractors "fail" in this content. The expert team cannot modify the evaluation results from "fail" to "pass" when the System has rated "fail". In case the information that the contractor commits and declares in the E-Bid is not truthful, leading to falsification of the contractor's evaluation results, the contractor will be considered fraudulent and handled according to regulations. prescribed in Clause 1, Article 122 of Decree No. 63/2014/ND-CP;
- For bid security, in case there is inconsistency between the information declared on the webform and the attached file, the information in the attached file is the basis for evaluation;
- For similar contracts, in case there is inconsistency between the information about the contract declared on the webform and the document file proving the information about that contract, the bid solicitor shall request the contractor to clarify E- Bids;
- In case the contracts declared and attached by the contractor in the E-HSDT do not meet the requirements of the E-HSMT, the bid solicitor shall request the contractor to clarify and supplement other contracts from the contractor's capability file. bid on the System to meet the requirements of E-HSMT within a suitable time but not less than 03 working days. If the contractor does not have a contract that meets the requirements of the E-HSMT, the contractor will be disqualified.
- For the origin of goods, in case there is inconsistency between the information declared on the webform and the attached file, the bid solicitor shall request clarification of the E-HSDT;
- For contents other than those mentioned at Points d, dd and e of this Clause, in case there is inconsistency between the information declared on the webform and the attached file, the information on the webform is the basis for viewing. review, evaluate;
- At the financial evaluation step, if the contractor fails to declare information in the form on incentives for domestically produced goods (for procurement bidding packages) to serve as the basis for calculating incentives, the contractor bidders will not be entitled to incentives;
- The contractor invited to negotiate the contract must prepare documents to compare and prove the information declared by the contractor in the E-HSDT. For the content of eligibility, history of contract failure due to contractor's fault, fulfillment of tax obligations, average annual revenue, net asset value that has been automatically assessed by the System as "pass" according to the information declared and extracted in the E-HSDT, but the expert group re-evaluates as "fail", the expert group revises the evaluation result from "pass" to "fail". In this case, the bid solicitor invites the next ranked bidder to negotiate the contract without having to re-approve the ranked list. For information on the fulfillment of tax obligations, average annual revenue, and net asset value from 2021 onward, the bid solicitor will only compare if the contractor updates the information, but not in the case of The above information is automatically extracted by the system from the National Information System on Business Registration, the Electronic Tax System.
- After evaluating the E-HSDT, the leader of the expert group attaches a scanned copy of the E-HSDT evaluation report (signed by all members of the expert group) to the System. The leader of the expert group is responsible for the consistency between the scanned E-HSDT evaluation report attached on the System and the paper E-HSDT evaluation report signed by the members of the expert group.
- The list of ranked contractors does not need to be appraised before approval.
Thus, for the contents of the Automatic Evaluation System, in case the contractor does not declare information or has declared it, but it is incorrect, incomplete, does not meet the requirements of the E-HSMT, the System will evaluate the contractor "fail" in this content. The expert team cannot modify the evaluation results from "fail" to "pass" when the System has rated "fail". If the dossier has been automatically evaluated by the system as "pass" according to the information declared and extracted in the E-HSDT but the expert group re-evaluates it as "fail", the expert group shall revise the assessment results. from "pass" to "fail".
How to evaluate bids when only 1 bidder participates in online bidding?
According to Article 32 of Circular 08/2022/ND-CP stipulating the evaluation of bids on the online bidding system in Vietnam as follows:
In case only 01 contractor participates in the bid or only 01 contractor passes the technical evaluation, the evaluation price does not need to be determined (in the case of a bidding package applying the evaluated price method), the total score (in the case of a bidding package applying the method of combining technique and price), there is no need to determine preferences, no need to approve the list of bidders.
Circular 08/2022/TT-BKHDT takes effect from August 1, 2022.
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