From August 1, 2022, the bid solicitor will not be able to issue a paper copy of the invitation for prequalification of PPP projects to investors in Vietnam?
- The bid solicitor is not allowed to issue a paper copy of the PPP project invitation to investors in Vietnam?
- How do I amend the invitation for prequalification and the invitation to negotiate a PPP project after its release?
- When is the deadline for clarifying the dossier of invitation for prequalification and the invitation to negotiate a PPP project?
The bid solicitor is not allowed to issue a paper copy of the PPP project invitation to investors in Vietnam?
Pursuant to Clause 1, Article 13 of Circular 10/2022/TT-BKHDT stipulates as follows:
“Article 13. Issuing, amending and clarifying dossiers of invitation for prequalification, E-HSMST, dossiers of invitation to negotiate PPP projects; extension of bid closing time
1. Release:
a) Dossier of invitation for pre-qualification for projects applying international pre-qualification, E-HSMST for projects applying for domestic pre-qualification, dossiers of invitation for negotiation, for projects applying competitive negotiation according to regulations mentioned in Clauses 2 and 3, Article 38 of the PPP Law, are issued free of charge at the same time as the notice of invitation for prequalification, E-TBMST, and notice of bid invitation successfully posted on the System. During the posting of notices of invitation for prequalification, E-TBMST, and notices of bid invitation, the bid solicitor must attach the following documents:
- Deciding on approval of dossiers of invitation for pre-qualification, E-HSMST, dossiers of invitation for negotiation for projects applying high technology and new technologies;
- Dossier of invitation for prequalification, E-HSMST, dossier of invitation for negotiation have been approved.
The bid solicitor may not issue a paper copy of the invitation for prequalification or the invitation to negotiate to investors. In case the bid solicitor issues a paper copy to the investor, the paper copy has no legal value for making and evaluating the pre-qualification application and negotiation dossier.
b) In case the content of the prequalification invitation dossier, the E-HSMST, the invitation for negotiation part posted on the System is different from the content of the dossier of invitation to the recruitment department, the E-HSMST, the dossier of invitation for negotiation. If the judgment is approved, the pre-qualification invitation dossier, E-HSMST, and invitation for counter-arrival release on the System will serve as the basis for preparation and evaluation of the pre-qualification application for PPP projects applying international pre-qualification, E-HSDST for PPP projects applying domestic prequalification, negotiation dossiers for projects applying competitive negotiation as prescribed in Clauses 2 and 3, Article 38 of the Law on PPP.”
As such, the bid solicitor will not be able to issue a paper copy of the invitation for prequalification or the invitation to negotiate to the investor. If the bid solicitor issues a paper copy, it will not be legally valid to prepare and evaluate the pre-qualification dossiers and negotiation dossiers.
From August 1, 2022, the bid solicitor will not be able to issue a paper copy of the PPP project invitation to investors in Vietnam?
How do I amend the invitation for prequalification and the invitation to negotiate a PPP project after its release?
Pursuant to Clause 2, Article 13 of Circular 10/2022/TT-BKHDT stipulates as follows:
“Article 13. Issuing, amending and clarifying dossiers of invitation for prequalification, E-HSMST, dossiers of invitation to negotiate PPP projects; extension of bid closing time
…
2. Modification:
a) For non-online investor selection, the case of household modification
documents in one of the following two ways on the System:
- The decision to amend, together with the amendments to the dossier of invitation for pre-qualification, the dossier of invitation for negotiation;
- The revised decision and the revised dossier of invitation for pre-qualification, the dossier of invitation for negotiation, the dossier of invitation for pre-qualification and the dossier of invitation for negotiation, which has been modified, must clearly show the revised content.
b) For online investor selection, in case of modification of the E-HSMST After the issuance, the bid solicitor must upload the following documents on the System:
- The decision to amend the E-HSMST with amendments;
- E-HSMST has been revised.
c) The amendment must comply with the time specified in Clause 10, Article 31 of Decree No. 35/2001/ND-CP for PPP projects, point m, Clause 1, Article 12 of the Bidding Law for investment projects. private land use. In case the time for posting the Amendment document does not meet this requirement, the bid solicitor must extend the bid closing time accordingly.
Thus, based on the form of online investor selection or non-online investor selection, to amend the dossier of invitation for prequalification and invitation to negotiate PPP project after issuance according to regulations. as above.
When is the deadline for clarifying the dossier of invitation for prequalification and the invitation to negotiate a PPP project?
Pursuant to Clause 3, Article 13 of Circular 10/2022/TT-BKHDT stipulates as follows:
“Article 13. Issuing, amending and clarifying dossiers of invitation for prequalification, E-HSMST, dossiers of invitation to negotiate PPP projects; extension of bid closing time
…
3. Clarification:
a) In case it is necessary to clarify the prequalification documents, the E-HSMST, the request for assurance, the investor shall send a request for clarification to the procuring entity through the system within a period of at least 02 working days before the request for clarification. date of bid closing time;
b) The bid solicitor uploads a written clarification of the prequalification invitation, E-HSMST, and invitation for negotiation on the System at least 02 working days before the bid closing date;
c) The content of clarification of the pre-qualification invitation dossier, the E-HSMST, the negotiation invitation dossier must not be contrary to the content of the approved pre-qualification invitation dossier, E-HSMST, and the dossier of invitation for counter-invitation. In case the receipt of the request for clarification of the prequalification invitation dossier, the E-HSMST or the invitation for negotiation leads to amendment of these documents, the amendment shall comply with the provisions of Clause 2 of this Article. "
Accordingly, in case it is necessary to clarify the dossier of invitation for pre-qualification, the dossier of invitation for PPP project negotiation, the investor must send a request to the bid solicitor through the System within at least 02 working days before there is a time to close the bid.
Circular 10/2022/TT-BKHDT will take effect from August 1, 2022.
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