Vietnam: Guideline for online bidding: Can the contractor with the investor or the bid solicitor belong to the same direct management agency or organization?
How to guide the implementation of standards for evaluation of consulting contractors?
According to Section 1 of Official Letter 4454/BKHĐT-QLDT in 2022, guiding the bidding for the planning consultancy service package as follows:
- The Ministry of Planning and Investment has issued Circular No. 08/2022/TT-BKHDT dated May 31, 2022 detailing the provision and posting of information on bidding and contractor selection on the network system. national bidding (effective from August 1, 2022), including the Form E-HSMT of the consulting service package (Form 4A).
- According to the provisions of Section 2, Chapter III of the Form E-HSMT, the technical evaluation standard does not require a minimum score for consulting contractors, but only a minimum score for an individual expert; accordingly, bidders in Vietnam will not be disqualified if it fails to meet the same contractual requirements
Vietnam: Guideline for online bidding: Can the contractor with the investor or the bid solicitor belong to the same direct management agency or organization? (Picture from internet)
Can the contractor with the investor or the bid solicitor belong to the same agency or directly managing organization?
According to Section 2 of Official Letter 4454/BKHĐT-QLDT in 2022, guiding the bidding for the planning consultancy service package as follows:
- Regarding the requirements for ensuring competition in bidding, according to the provisions of Clause 4, Article 2 of Decree No. 63/2014/ND-CP, the contractor is a non-business unit that is legally and independently assessed and financially independent from the investor, the bid solicitor when “not under the same direct management agency or organization”.
How is competition guaranteed in online bidding?
According to Section 2 of Official Letter 4454/BKHDT-QLDT in 2022, guiding the bidding for the planning consultancy service package as follows:
- Pursuant to regulations on ensuring competition in Decree 63/2014/ND-CP guiding the Bidding Law on contractor selection as follows:
"Article 2. Ensuring competition in bidding
1. Interested bidders in Vietnam, participating in the pre-qualification must satisfy the provisions of Clauses 1 and 2, Article 6 of the Bidding Law.
2. Contractors participating in the bidding for mixed bidding packages must be legally and financially independent from the contractors who make feasibility study reports, technical design documents, and construction drawing design documents. for that bidding package, unless these work contents are part of a mixed bidding package.
3. Consulting contractors may participate in providing one or more consulting services for the same project or bidding package, including: Preparation of pre-feasibility study report, preparation of feasibility study report, preparation of dossier Technical design, construction drawing design documentation, supervision consultancy.
4. The contractor is evaluated to be legally and financially independent from other contractors; with consulting contractors; with the investor, the bid solicitor specified in Clauses 1, 2 and 3, Article 6 of the Bidding Law when the following conditions are satisfied:
a) Not belong to the same agency or organization directly managing the non-business unit;
b) The contractor and the investor, the bid solicitor do not have shares or contributed capital of more than 30% of each other;
c) Bidders in Vietnam do not have shares or contributed capital of more than 20% of each other when they jointly participate in bidding in a bidding package for limited bidding;
d) Bidders in Vietnam participating in bidding with consulting contractors for such bidding packages do not have shares or contributed capital of each other; do not share shares or contributed capital of more than 20% of another organization or individual with each party.
5. In the case of a state-owned economic group, if the products or services included in the bidding package are the main business lines of the group and are the output of this company, and at the same time the input of the company. in the group, the group and its subsidiaries are allowed to participate in each other's contractor selection process. In case the products and services in the bidding package are the output of one company, and at the same time the input of another company in the group, and are unique in the market, the regulations of the Prime Minister shall apply.
Thus, the following cases do not violate regulations on guarantee of competition in bidding:
- The investor, the bid solicitor is a unit directly under the Ministry, the Provincial People's Committee (for example, Department A is under the Ministry of X), the contractor is a non-business unit under another level 1 unit (for example, the contractor is a public service provider). is Center C under Institute B, Institute B under Ministry X). Center C participates in the bidding package invested by Department A, the bid solicitor will not violate the guarantee of competition in bidding (Center C can mobilize personnel from Institute B, Center C does not have to Only those who have experience in the field of planning can participate in the bid, but the experts proposed by Center C must have the capacity and experience in the field of planning).
- The investor, the bid solicitor is Center C, the contractor participating in the bid is Institute Y directly under the Ministry of X.
In addition, the competent person shall consider and decide to apply the form of contractor appointment to planning consultancy bidding packages as prescribed at Point b, Clause 1, Article 2 of Resolution 61/2022/QH15 of the National Assembly.
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