Vietnam: What is the form of bidding document for online consulting service packages used to prepare E-HSMT applying the competitive bidding method?
- What is the form of bidding document for online consulting service packages used to prepare E-HSMT applying the competitive bidding method?
- What regulations must bidders comply with to ensure competitiveness in bidding in Vietnam?
- What packages are eligible for online contractor and investor selection in Vietnam?
What is the form of bidding document for online consulting service packages used to prepare E-HSMT applying the competitive bidding method?
The form of bidding document for online consulting service packages used to prepare E-HSMT applying the competitive bidding method is Form No. 6A used to prepare E-HSMT applying the methods of competitive bidding, limited bidding, shopping under the single-stage and one-envelope specified at Point a, Clause 6, Article 4 of Circular 06/2024/TT-BKHDT.
>> Download the form of bidding document for online consulting service packages used to prepare E-HSMT applying the competitive bidding method (Form No. 6A) Here
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What regulations must bidders comply with to ensure competitiveness in bidding in Vietnam?
Under Article 6 of the Law on Bidding 2023, which stipulates ensuring competitiveness in bidding, bidders must comply with the following regulations:
- When submitting their EOI or prequalification application, a bidder is required to display their legal and financial independence from the following:
+ Consultants on preparation of EOI request or prequalification document, project management consultants, supervision consultants; consultants on preparation, verification and appraisal of design and cost estimation documents; consultants on preparation and appraisal of survey and design tasks;
+ Consultants on evaluation of EOIs or prequalification applications;
+ Consultants on appraisal of EOI selection results or prequalification results;
+ Employer, procuring entity, unless the bidder is a public sector entity that is affiliated to a regulatory authority and has functions and tasks assigned in conformity with the nature of the package of that regulatory authority or is an associate or subsidiary company of a state-owned group or corporation whose main business lines are conformable with the nature of the package of its parent company.
- When submitting their bid, a bidder is required to display their legal and financial independence from the entities specified in Point d Clause 1 of Article 6 of the Law on Bidding 2023 and from the following:
+ Project management consultants, supervision consultants; consultants on preparation, verification and appraisal of design and cost estimation documents; consultants on preparation and appraisal of survey and design tasks; consultants on preparation and appraisal of bidding documents, RFP; consultants on evaluation of bids, proposals; consultants on appraisal of contractor selection result for the same package;
+ Other bidders of the same package in case of limited bidding.
- The consultant on supervision of contract execution, the bidder for the contract and the consultant on inspection of the same package must be legally and financially from each other.
- The bidders in Clauses 1, 2 and 3 of Article 6 of the Law on Bidding 2023 are considered to have legal and financial independence when meeting the following requirements:
+ The bidder is not affiliated to the same governing authority or organization with the public sector entity;
+ Neither the bidder nor the employer/procuring entity holds more than 30% of shares or stakes of each other;
+ In case of limited bidding, none of the bidders for the same package holds more than 20% of shares or stakes of each other;
+ None of the bidder and consultants for the same package holds shares or stakes of each other; the bidder and any of these consultants do not jointly hold more than 20% of shares or stakes of another entity.
- When participating in the bidding, an investor is required to display their legal and financial independence from the following:
+ The competent authority, the procuring entity;
+ Consultants on preparation and appraisal of bidding documents; consultants on evaluation of bids; and consultants on appraisal of investor selection result until the day on which the investment project contract is signed.
What packages are eligible for online contractor and investor selection in Vietnam?
Under Article 50 of the Law on Bidding 2023:
Online contractor and investor selection
1. Domestic competitive bidding, limited bidding and shopping must be conducted on VNEPS according to the following roadmap:
a) From the effective date of this Law to December 31, 2024 inclusively, the Government shall decide whether to adopt online bidding method or not;
b) From January 01, 2025, the online bidding method shall apply to all packages, except cases where the bidding is not conducted on VNEPS as prescribed in Clause 5 of this Article.
Thus, packages must be conducted on VNEPS according to the following roadmap:
- From January 1, 2024 to December 31, 2024 inclusively, the Government of Vietnam shall decide whether to adopt the online bidding method or not for:
+ Competitive bidding
+ Limited bidding
+ Shopping
- From January 01, 2025, the online bidding method shall apply to all packages, except cases where the bidding is not conducted on VNEPS.
In addition, according to Clause 8 Article 97 of Decree 24/2024/ND-CP, online contractor selection from the effective date of this Decree until December 31, 2024 will be carried out according to the following roadmap:
- Organize online contractor selection for all (100%) packages of investment projects applying competitive bidding, limited bidding, and domestic shopping methods for procurement of goods, construction, non-consulting services, and consulting services with a fixed budget not exceeding VND 500 billion, except for mixed packages, packages applying the two-stage and one-envelope method, two-stage and two-envelope method, international bidding;
- The organization of online contractor selection during the year must ensure that the total number of packages reaches at least 95% of the number of packages and at least 90% of the total value of packages using the form of competitive bidding, limited bidding, domestic shopping method except for mixed packages, packages applying the two-stage and one-envelope method, two-stages and two-envelope method, international bidding;
- Organize online contractor selection for all (100%) packages of procurement estimates applying competitive bidding, limited bidding, and domestic shopping method, except for mixed packages, packages applying the two-stage and one-envelope method, two-stage and two-envelope method, international bidding;
- For packages applying online contractor selection, approval for EOI requests, prequalification documents, bidding documents, shortlisting selection results, and contractor selection results on VNEPS will be implemented from December 1, 2024.
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