Are bidders required to upload information and documents proving their competence and experience on the Online Bidding System?
Contractors must update information and documents proving their competence and experience on the Online Bidding System?
According to Article 11 of Circular 08/2022/TT-BKHDT, information on a contractor's capacity and experience on the online bidding system includes:
"Article 11. Information on contractor's capacity and experience
1. General information about the contractor;
a) Data on annual financial statements;
b) Information about the contracts that have been and are being performed;
c) Information on key personnel;
d) Information about machinery and equipment;
d) Information about the contractor's reputation.
e) Contractors actively update information about their capacity and experience in accordance with the above provisions
2. Contractors actively update information about their capacity and experience as prescribed in Clause 1 of this Article on the System and take responsibility before the law for the accuracy of the information declared on the System. system. In case the contractor makes the correction by himself on the System, the System will save all the information before and after the contractor makes the correction. Information about the contractor's capacity and experience is authenticated by the contractor's digital signature.
3 Bidders need to attach documents and documents to prove the authenticity of their capacity and experience, attached documents will be stored and managed on the Online Procurement System.
4. Where a contractor makes dishonest declarations in order to obtain financial or other benefits or to evade any obligation, it is considered fraud as prescribed in Clause 4, Article 89 of the Bidding Law. consists of:
5. Regarding the content specified at Point b, Clause 1 of this Article, if the data on the financial statements on the System has been updated from the Electronic Tax System and the National Information System on Business Registration the contractor is not required to declare data on the financial statements. For financial reporting data from 2021 onwards, in case the contractor discovers that the system has not updated the data compared to the electronic tax system, the contractor shall amend it to match the reported data to the tax authority. tax authorities, the online bidding system will save the modified versions of the contractor's information."
Thus, for bidders participating in online bidding, they must update their information and attach documents proving their capacity and experience on the System.
Information and documents proving the bidder's capacity and experience on the National Procurement Network from August 1, 2022?
Fraud in bidding regulated by?
Clause 4, Article 89 of the Law on Bidding 2013 stipulates:
"Article 89. Fraud and Corruption
...
4. Fraudulent practice, including the following acts:
a) Providing a wrong presentation intentionally or falsifying information, dossier or documents of a party in bidding with the aim to obtain financial benefits or other benefits or with the aim to avoid any obligation;
b) Individuals who personally assess EOI responses, Applications, Bids, Proposals, evaluate result of selection of short list, result of selection of investor, bidder, intentionally providing wrong report or untrue information falsifying the result of selection of bidders/investors.
c) Bidders/investors intentionally provide dishonest information in EOI responses, Prequalification Application, Bids, Proposals falsifying the result of selection of bidders/investors."
Where a bidder makes dishonest declarations in order to obtain financial or other benefits or to avoid any obligation, it is considered fraud, as above.
Information about the project and contractor selection plan on the Online Bidding System?
According to Article 12 of Circular 08/2022/TT-BKHDT stipulating information about the project, the contractor selection plan is as follows:
"Article 12. Information about the project, the contractor selection plan
1. Posting time:
Information about the contractor selection plan is regularly posted on the System by the investor (for investment and development projects), bid solicitor (for procurement), within 07 working days from the date of approval. approve the contractor selection plan Basic information about the project is posted at the same time as the contractor selection plan.
2. Attached documents:
The investor (for development investment projects) and the bid solicitor (for regular procurement must attach the Decision approving the contractor selection plan to the process of posting the contractor selection plan.
3. The planning of contractor selection for bidding packages under the project is done on the basis of the plan on allocating capital for the whole project; it is not required to make a contractor selection plan according to the capital plan of each year."
Responsibilities of contractors when participating in the Online Bidding System?
According to Article 23 of Circular 08/2022/TT-BKHDT, the contractor's responsibilities are as follows:
"Article 23. Responsibilities of the bid solicitor
1. Register to participate in the System for approval as prescribed in Article 7 of this Circular before the time of bid closing in order to ensure eligibility as prescribed at Point d, Clause 1, Article 5 of the Bidding Law.
2. To perform the responsibilities as prescribed in Clauses 1, 2, 3, 4 and 5, Article 77 of the Bidding Law.
3. Provide and post bidding information on the System, ensuring compliance with the provisions of Article 80 of the Bidding Law and Article 7 of Decree No. 63/2014/ND-CP.
4. Manage accounts participating in the System, digital certificates registered on the System"
Circular 08/2022/TT-BKHDT comes into force from August 1, 2022.
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