Vietnam: When issuing the bidding documents, which documents will be attached on the National Procurement Network from August 1, 2022?
What documents need to be attached when posting bidding documents in Vietnam?
Pursuant to Clause 1, Article 16 of Circular 10/2022/TT-BKHDT stipulates:
“Article 16, Issuing, amending and clarifying the bidding documents; extension of bid closing time
1. Issuance of bidding documents:
a) During the posting of the notice of invitation to bid, the bid solicitor must attach the following documents:
- Decision on approval of bidding documents;
- Approved bidding documents.
Bidding documents are issued free of charge at the same time as the notice of invitation to bid on the System, except for the case of PPP projects that apply open bidding for prequalification and competitive negotiation. In case the bid invitation document (the electronic version has been released on the Internet), when submitting the bid, the investor must pay the bid solicitor an amount equal to the selling price of the bidding document as prescribed in Clause 1 of this Article. 32 and Point a, Clause 2, Article 51 of Decree No. 35/2001/ND-CP for PPP projects or Clause 1, Article 7 of Decree No. 2s2020/ND-CP (amended and supplemented at Point a, Clause 5, Article 89) Decree No. 35/2021/ND-CP) for investment projects using land.
The bid solicitor may not issue a paper copy of the bidding document to the investor. In case the bid solicitor issues a paper copy to the investor, the paper copy is not valid for the preparation and evaluation of the bid.
b) In case the content of the bidding documents posted on the System is different from the content of the approved bidding documents, the bidding documents published on the System shall be the basis for making and evaluating bids."
Thus, when posting the notice of invitation to bid, the bid solicitor must attach the documents as prescribed above to the National Procurement Network of Vietnam.
If the content of the bidding documents posted on the National Procurement Network of Vietnam is different from the approved invitation documents, the bidding documents posted on the National Procurement Network will be the basis for preparation and evaluation of bids.
Vietnam: When issuing the bidding documents, which documents will be attached on the National Procurement Network from August 1, 2022?
How to amend the bidding documents on the National Procurement Network of Vietnam?
Pursuant to Clause 2, Article 16 of Circular 10/2022/TT-BKHDT stipulates:
“Article 16, Issuing, amending and clarifying the bidding documents; extension of bid closing time
…
2. Amendment of bidding documents:
In case of amending the bidding documents after being issued, the bid solicitor must upload the documents in one of the following two ways on the System:
a) The decision to amend together with the amendments to the bidding documents;
b) The revised decision and the revised bid invitation document must clearly show the revised content in the revised bidding document.
The posting of amendments must comply with the time specified in Clause 10, Article 31 of Decree No. 35/202/ND-CP for PPP projects, Clause 1, Article 6 of Decree No. 25/2020/ND-CP (amended at Point b, Clause 4, Article 89 of Decree No. 35/2012/ND-CP) for investment projects using land. If the time for posting the revised document does not meet this requirement, the bid solicitor must extend the bid closing time accordingly."
Accordingly, for the modification of the bidding documents already published on the national bidding network system, the bid solicitor must upload the documents on the content of amendments to the bidding documents as prescribed above on the National Procurement Network of Vietnam.
How long does it take to clarify the bidding documents that have been uploaded to the National Procurement Network of Vietnam?
Pursuant to Clause 3, Article 16 of Circular 10/2022/TT-BKHDT stipulates:
“Article 16, Issuing, amending and clarifying the bidding documents; extension of bid closing time
…
3. Clarification of bidding documents:
a) In case it is necessary to clarify the bidding documents, the investor must send a request for clarification to the bid solicitor through the System for at least 07 working days (for domestic bidding), at least 15 days (for domestic bidding). with international bidding) before the bid closing date for consideration and handling.
b) The bid solicitor shall clarify the bidding documents upon receipt of the request for clarification within the time limit specified at Point a of this Clause and post the document clarifying the bidding dossier on the System within a period of at least 02 working days. work prior to the bid closing date.
c) The content of clarification of the bidding dossier must not be contrary to the content of the approved bidding dossier. In case the receipt of the request for clarification of the bidding documents leads to the modification of the bidding documents, the modification of the bidding documents shall comply with the provisions of Clause 2 of this Article.
d) In case of necessity, the bid solicitor organizes a bid-promotion conference to discuss the contents of the bidding documents that are not clear to the investors. When bidding on the System, the content exchanged between the bid solicitor and the investor must be recorded in the minutes by the bid solicitor and posted on the System within a maximum period of 02 working days from the date of closing of the meeting. tender proposal.”
Accordingly, if the investor wants to clarify the bidding documents posted on the National Procurement Network of Vietnam, the investor shall send a request for clarification to the bid solicitor at least 07 working days (domestic bidding) or at least 15 working days (international bidding) before the date of bid closing for consideration and handling.
Circular 10/2022/TT-BKHDT comes into force from August 1, 2022.
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