09:39 | 20/10/2022

What are regulations on revisions of bidding document regarding selection of investors on Vietnam National E-Procurement System?

What are regulations on revisions of bidding document regarding selection of investors on Vietnam National E-Procurement System? How to clarify bidding document regarding selection of investors on Vietnam National E-Procurement System?

Thank you!

What are regulations on revisions of bidding document regarding selection of investors on Vietnam National E-Procurement System?

Pursuant to Clause 2, Article 16 of the Circular 10/2022/TT-BKHĐT (takes effect from 01/08/2022) stipulating revisions of bidding document regarding selection of investors on Vietnam National E-Procurement System as follows:

2. Revisions:

a) In case of revisions to the bidding document 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 the bidding document;

b) Decision on revisions and the bidding document which has been revised, clearly indicating the revised contents.

The publishing of revisions shall ensure the time prescribed in Clause 10, Article 31 of Decree No. 35/2021/ND-CP (PPP projects), Clause 7, Article 6 of Decree No. 25/2020/ND-CP (amended at Point b, Clause 4, Article 89 of Decree No. 35/2021/ND-CP) (investment projects involving land use). If the time to publish the revised documents fails to meet the requirements, the procuring entity shall extend the corresponding deadline for submission of bids.

How to clarify bidding document regarding selection of investors on Vietnam National E-Procurement System?

Pursuant to Clause 3, Article 16 of the Circular 10/2022/TT-BKHĐT (takes effect from 01/08/2022) stipulating clarification of bidding document regarding selection of investors on Vietnam National E-Procurement System as follows:

3. Clarification:

a) A prospective investor requiring any clarification of bidding document shall contact the procuring entity through the System within at least 07 working days (for domestic bidding) or 15 working days (for international bidding) before the deadline for submission of bids for consideration and handling;

b) The procuring entity will respond to any request for clarification within the time limit specified in point a of this Clause and publish the response on the System within at least 02 working days before the deadline for submission of bids;

c) The clarification of bidding document may not contravene the bidding document which has been approved. If the procuring entity deems it necessary to clarify the bidding document as a result of a revision, it shall do so following the regulations of Clause 2 of this Article.

d) The procuring entity may hold a pre-bidding convention to discuss any clarification required by investors where necessary. The procuring entity shall publish the invitation to attend the pre-bidding convention on the System. The communication between the procuring entity and the investors must be recorded by the procuring entity and published on the System within a maximum of 02 working days from the end of the pre-bid convention.

Best regards!

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