Vietnam: EOI requests, Prequalification Documents and 05 notable points

Vietnam: EOI requests, Prequalification Documents and 05 notable points (Source: Internet)

1. EOI requests, Prequalification Documents in Vietnam

EOI requests, Prequalification Documents mean all documents including requirements on qualifications of bidders/investors as the basis for the Procuring Entity to select list of bidders/investors winning prequalification, list of bidders with EOI responses meeting requirements of EOI requests.

(Clause 27, Article 3 of the Law on Procurement 2013).

2. Regulations on deadlines for EOI requests, Prequalification Documents in Vietnam

- Deadline for the issuance of EOI requests, Prequalification Documents

EOI requests, Prequalification Documents, Bidding Documents, Request for Proposals shall be issued after 03 working days from the first day of publishing notice of invitation for submission of EOI responses, notice of prequalification invitation, Invitation to Bid, Notice of Proposed Procurement, sending of Invitation to Bid before deadline for submission of bids.

- Deadline for evaluation of EOI requests, Prequalification Documents

The maximum time for appraisal shall be 20 days for each content of appraisal: plan on selection of bidder, EOI requests, Prequalification Documents, Bidding Documents, Request for Proposals, result of selection of bidder after receiving full the submitted documents.

- Deadline for approving EOI requests, Prequalification Documents

The maximum time for approving EOI requests, Prequalification Documents, Request for Proposals, Bidding Documents shall be 10 days, as from the date of receiving the written request for approving EOI requests, Prequalification Documents, Request for Proposals, Bidding Documents of the Procuring Entity or the appraisal report in case of having appraisal requirement.

-Deadline for sending documents to amend EOI requests, Prequalification Documents

 Time for sending a document to modify a Bid to bidders already received Bid shall be 10 days minimally for domestic bidding and 15 days minimally for international bidding before day of deadline for submisison of bids; for modification of dossier of invitation for expression of interest, Prequalification Document, Request for Proposals, it shall be 03 working days minimally before day of deadline for submisison of bids.

If time for sending a document to modify dossiers fail to meet provision at this point, the Procuring Entity shall perform extension of deadline for submisison of bids time respectively in order to ensure provision on time for sending a document to modify a dossier of invitation for expression of interest, dossier of prequalification invitation, Bid or Request for Proposals;

(Points b, h, i, and m, Clause 1 Article 12 of the Law on Procurement 2013)

3. Expenses for receiving EOI requests, Prequalification Documents in Vietnam

EOI requests, Prequalification Documents shall be distributed free of charge to contractors.

Point c, Clause 1, Article 13 of the Law on Procurement 2013).

4. Conditions for individuals directly participating in the preparation of EOI requests, Prequalification Documents

Individuals who directly participate in making EOI requests, Prequalification Documents, Bidding Documents, Requests for Proposals;

Assessment of EOI responses, Applications, Bids, Proposals of professional bidding organizations, enterprises, units operating in consulting for bidding, professional management board of projects must have certificate of practicing on bidding operation.

(Clause 2, Article 16 of the Law on Procurement 2013).

5. Regulations on EOI requests, Prequalification Documents in Vietnam

* Issuance of EOI requests, Prequalification Documents:

a) The procuring entity's documents shall be issued free of charge on the System right after the invitation to submit statement of interest, invitation for prequalification applications, E-TBMQT or E-TBMST is successfully published. During the publishing of invitation to submit statement of interest, invitation for prequalification applications, E-TBMQT, E-TBMST, the procuring entity shall attach the following documents:

- Decision on approval for the procuring entity's documents;

- The approved Documents.

The investor or the procuring entity is not allowed to issue the paper documents (EOI request, document on prequalification) to the bidder. In case the investor or the procuring entity issues the paper documents, the paper documents do not have their legal validity recognized in order to make and evaluate expression of interest, application for prequalification.

b) In case the contents of the procuring entity's documents published on the System are different from the approved contents, the procuring entity's documents issued on the System shall be the basis for making and evaluation of the procuring entity's documents.

* Revisions of EOI requests, Prequalification Documents:

a) Offline selection of contractors: In case of revisions to the EOI request, document on prequalification after being issued, the procuring entity shall publish documents in either of the following ways on the System:

- A decision on revisions, accompanied by the revisions to EOI request, document on prequalification;

- Decision on revisions and EOI request or document on prequalification which has been modified, clearly indicating the revisions.

b) E-selection of contractors: In case of revisions to E-HSMQT, E-HSMST after being issued, the procuring entity shall publish the following documents on the System:

- A decision on revisions, accompanied by the revisions to E-HSMQT, E-HSMST;

- Revised E-HSMQT, E-HSMST.

* Clarification of EOI requests, Prequalification Documents:

a) A prospective bidder requiring any clarification of the EOI request or document on prequalification shall contact the procuring entity through the System within at least 03 working days before the deadline for submission of applications;

b) The procuring entity will publish the response to clarification of EOI request, document on prequalification on the System within at least 02 working days before the deadline for submission of applications;

c) The clarification of EOI request, prequalification document, E-HSMQT, E-HSMST may not contravene the EOI request, prequalification document which has been approved. If the procuring entity deems it necessary to revise the EOI request, prequalification document, E-HSMQT, E-HSMST as a result of a clarification, it shall do so following the procedure in Clause 2 hereof in conformity with the timeframe requirement specified in Point m Clause 1 Article 12 of the Law on Procurement.

(Article 14 Circular 08/2022/TT-BKHDT).

Circular 08/2022/TT-BKHDT takes effect from August 1, 2022.

Ngoc Nhi

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