Is it necessary to submit for approval an adjustment to the contractor selection plan when converting the form of contractor selection from non-online to online in Vietnam?
Is it necessary to submit for approval an adjustment to the contractor selection plan when converting the form of contractor selection from non-online to online in Vietnam?
Is it necessary to submit for approval an adjustment to the contractor selection plan when converting the form of contractor selection from non-online to online in Vietnam?
In Article 31 of Circular 01/2024/TT-BKHDT, there are provisions on transitional provisions as follows:
Transitional provisions
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3. For bidding packages that do not apply online contractor selection:
a) In case the bidding package has posted pre-qualification documents and invitation for interest documents on the System before January 1, 2024, continue to organize short list selection and contractor selection according to the provisions of the Law on Bidding No. 43/2013/QH13 and documents detailing and guiding the implementation of this Law;
b) In case the bidding package has posted bidding documents on the System before January 1, 2024, continue to organize contractor selection according to the provisions of the Bidding Law No. 43/2013/QH13 and other regulatory documents on implementation of this Law;
c) From January 1, 2024, in case the bidding package has not yet prepared the invitation for pre-qualification documents, invitation for interest documents, bidding documents or has approved those documents but have not yet posted the invitation for prequalification documents, invitation for expression of interest documents, or invitation for bid documents on the System, the invitation for prequalification documents, invitation for expression of interest documents must be prepared, amended, appraised, and re-approved bidding documents in accordance with the provisions of the Bidding Law. The investor edits the Bidding Document Forms issued with this Circular to conform to the method of organizing non-online contractor selection.
4. In all cases, to change the form of contractor selection from non-online to online, the investor does not have to submit to the competent person for approval to adjust the contractor selection plan, but can self-adjust the contractor selection form on the System from non-online to online. Editing procedures follow the Instructions for Use.
Thus, in case of changing the form of contractor selection from non-online to online, the investor does not need to submit to the competent person for approval to adjust the contractor selection plan but only needs to make corrections on the System from offline to online.
Is it necessary to submit for approval an adjustment to the contractor selection plan when converting the form of contractor selection from non-online to online in Vietnam? (Image from the Internet)
What are 09 methods of contractor selection in 2024 in Vietnam?
Article 20 of the Bidding Law 2023 stipulates specific methods of contractor selection as follows:
Contractor selection methods
1. Contractor selection methods include:
a) Competitive bidding;
b) Limited bidding;
c) Direct contracting;
d) Shopping;
d) Direct procurement;
e) Self-execution;
g) Community participation;
h) Price negotiation;
i) Contractor selection in special circumstances.
2. The Government shall adopt specific regulations on contractor selection methods other than those specified in Clause 1 of this Article which are preeminent and use advanced and modern electronic equipment and facilities, procedures and subjects of such methods in conformity with new features of VNEPS and in a manner that ensures competitiveness, fairness, transparency and economic efficiency in bidding.
Thus, there are 09 methodsof contractor selection including:
- Competitive bidding;
- Limited bidding;
- Direct contracting;
- Shopping;
- Direct procurement;
- Self-execution;
- Community participation;
- Price negotiation;
- Contractor selection in special circumstances.
What information must the procuring entity publish when amending the online document on prequalification after publication in Vietnam?
In Article 13 of Circular 01/2024/TT-BKHDT, there are regulations on issuance, amendment, and clarification of online expression of interest, online document on prequalification, E-HSMQT, E-HSMST as follows:
Issuing, amending and clarifying online expression of interest, online document on prequalification, E-HSMQT, E-HSMST
1. Release:
a) Online expression of interest, online document on prequalification, E-HSMQT, E-HSMST are released for free on the System immediately after successfully posting online invitation to submit statement of interest, online invitation to bid, online notice of proposed procurement, E-TBMQT, E-TBMST on the System.
During the process of posting the online invitation to submit statement of interest, online invitation to bid, online notice of proposed procurement, E-TBMQT, E-TBMST, the bidding party must attach the decision to approve the online expression of interest, online document on prequalification, E-HSMQT, E-HSMST; online expression of interest, online document on prequalification, E-HSMQT, E-HSMST have been approved.
Investors and bidding parties are not allowed to issue paper copies of the invitation for expression of interest or prequalification documents to contractors. In case the investor or procuring entity issues a paper copy to the contractor, the paper copy has no legal value for preparing and evaluating the expression of interest and pre-qualification application.
b) In case the content of the invitation for expression of interest, invitation for prequalification, E-HSMQT, E-HSMST posted on the System is different from the content of the invitation for expression of interest, invitation for application recruitment, E-HSMQT, E-HSMST is approved, the invitation for expression of interest, invitation for pre-qualification, E-HSMQT, E-HSMST issued on the System is the basis for preparing and evaluating the online expression of interest, online document on prequalification, E-HSQT, E-HSDST.
2. Modification:
a) For non-online contractor selection, in case of amending the online expression of interest, online document on prequalification after publication, the bid solicitor must post the documents in one of the following two ways on the System: Decision to amend the revised content of the online expression of interest, online document on prequalification; or the decision to amend and the request for online expression of interest, online document on prequalification have been amended, the request for online expression of interest, online document on prequalification have been amended, the revised content must be clearly stated.
b) For online contractor selection, in case of amending E-HSMQT, E-HSMST after issuance, the bid solicitor must post the following documents on the System: The revised decision includes the revised contents of E-HSMQT and E-HSMST; E-HSMQT, E-HSMST have been revised.
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Thus, when amending the online document on prequalification after publication, the bidding party must post the revised decision information along with the revised contents of the online document on prequalification (E-HSMST); The online document on prequalification has been revised.
Best regards!
