How is contractor selection for bidding packages posted on the National Procurement Network System before August 1, 2022?
When will Circular 08/2022/ND-CP take effect?
According to Article 39 of Circular 08/2022/ND-CP guiding the provision and posting of information on bidding and contractor selection on the national bidding network system promulgated by the Minister of Planning and Investment about the effect of this Circular as follows:
- This Circular takes effect from August 1, 2022.
- From the effective date of this Circular, the following Circulars cease to be effective:
+ Circular No. 01/2015/TT-BKHDT dated February 14, 2015 of the Minister of Planning and Investment detailing the preparation of dossiers of invitation for expression of interest, bidding documents, and dossiers of request for consulting services. ;
+ Circular No. 03/2015/TT-BKHDT dated May 6, 2015 of the Minister of Planning and Investment detailing the preparation of bidding documents for construction and installation:
+ Circular No. 05/2015/TT-BKHDT dated June 16, 2015 of the Minister of Planning and Investment detailing the preparation of bidding documents for procurement of goods;
+ Circular No. 14/2016/TT-BKHDT dated September 29, 2016 of the Minister of Planning and Investment detailing the preparation of bidding documents for non-consulting services;
+ Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Minister of Planning and Investment detailing the selection of contractors through the National Procurement Network;
+ Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of the Minister of Planning and Investment detailing the preparation of reports on evaluation of bids for bidding packages subject to contractor selection. on the national bidding network system;
+ Circular No. 11/2019/TT-BKHDT dated December 16, 2019 of the Minister of Planning and Investment detailing the provision and publication of information on bidding, the roadmap for application of contractor selection online and manage and use non-refundable bid security and performance security;
+ Circular No. 05/2020/TT-BKHDT dated June 30, 2020 of the Minister of Planning and Investment amending and supplementing a number of articles of Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment detailing the selection of contractors through the National Procurement Network.
Thus, Circular 08/2022/ND-CP takes effect from August 1, 2022, from the effective date of this Circular, previous circulars and related documents expire in accordance with regulations. as above
How is contractor selection for bidding packages posted on the National Procurement Network System before August 1, 2022?
How are bidding packages posted or approved on the Online Procurement System before August 1, 2022?
According to the provisions of Article 38 of Circular 08/2022/ND-CP on the application of bidding packages on the e-procurement system as follows:
- For approved bidding packages, applying online contractor selection and E-HSMT preparation in accordance with the provisions of Circular No. 04/2017/TT-BKHDT, Circular No. 05/2020/TT-BKHDT:
+ In case the E-HSMT has been uploaded to the System before the effective date of this Circular, the contractor selection shall be carried out according to the posted E-HSMT and relevant regulations of law. response. In this case, the opening of bids and posting of information during the contractor selection process on the System at http://muasamcong.mpi.gov.vn is done by means of a specialized digital certificate issued by the Center. ;
+ In case the bidding package has not yet prepared an E-HSMT or the E-HSMT has been prepared and approved but the E-HSMT has not been uploaded to the System, it must be revised and re-approved according to the provisions of this Circular.
- For approved bidding packages, the online selection of contractors on the online bidding system in Vietnam is not applied:
+ In case the bidding package has been uploaded to the System before the effective date of this Circular, the contractor selection shall be carried out according to the issued bidding documents and the provisions of law governing the bidding process. corresponding adjustment;
+ In case the bidding package has not yet prepared a bidding dossier or has prepared and approved the bidding dossier before the effective date of this Circular but has not yet posted the bidding dossier on the System, it must be amended and re-approved. bidding documents as prescribed in Clause 8, Article 39 of this Circular.
- For shortlist selection:
+ For bidding packages that have issued invitations for expression of interest and pre-qualification documents before January 1, 2023, the short list selection shall be made according to the issued dossiers and the governing legal regulations. corresponding;
+ From January 1, 2023, if the approved bidding package does not apply the online shortlist selection and has not yet issued the request for expression of interest, the dossier of invitation for pre-qualification, the short list selection must be organized through network in accordance with this Circular. In this case, the competent person does not need to revise the contractor selection plan.
- Bidding for drugs:
+ For bidding packages that have issued bidding documents before January 1, 2023, the selection of contractors shall be carried out according to the issued bidding documents and corresponding regulations of law;
+ From January 1, 2023, an approved bidding package does not apply online selection of contractors and has not yet issued bidding documents. In this case, the competent person does not need to revise the contractor selection plan.
- From the effective date of this Circular, if the approved bidding package does not apply the online selection of contractors and has not yet issued the bidding documents, the online contractor selection will be organized according to the roadmap on selection of contractors. online contractors specified in Article 37 of this Circular.
+ In all cases, for the change of the form of contractor selection from offline to online, the investor does not have to submit to a person competent to approve the adjustment of the contractor selection plan but conducts it himself. edit the form of contractor selection on the System from offline to online. The editing procedure follows the User Manual.
What is the process for selecting contractors on the online bidding system in Vietnam according to regulations before August 1, 2022?
According to Article 8 of Circular 04/2017/TT-BKHDT stipulating the contractor selection process on the online bidding system in Vietnam as follows:
- Preparation of contractor selection, including:
+ Prepare E-HSMT;
+ Appraise and approve E-HSMT.
- Organize contractor selection, including:
+ Upload E-TBMT and issue E-HSMT;
+ Amend and clarify the E-HSMT;
+ Submit E-HSDT;
+ Open bid.
- Evaluation of E-Proposals, contractor ratings.
- Negotiate contracts, submit, appraise, approve and publicize contractor selection results.
- Finalize and sign the contract.
Circular 08/2022/ND-CP takes effect from August 1, 2022.
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