Application of form of bid documents for non-consulting services under CPTPP in Vietnam

How is the application of the form of bid documents for non-consulting services under the CPTPP guided by Circular 21/2022/TT-BKHDT? - Hai Trieu (HCMC, Vietnam)

The Minister of Planning and Investment of Vietnam issued Circular 21/2022/TT-BKHDT guiding the preparation of bid documents for non-consulting services for bidding packages within the scope of the CPTPP, EVFTA, and UKVFTA on September 30, 2022.

Application of the form of bid documents for non-consulting services under CPTPP (Source: internet)

Application of the form of bid documents for non-consulting services under the CPTPP

The bidding document form for non-consulting services No. 01 (Form No. 01) is applied to the bidding package for public bidding by the method of one stage, one dossier bag;

The form of bidding document for non-consulting services No. 02 (Form No. 02) is applied to the bidding package for public bidding under the one-stage two-envelope method.

Guidelines for handling transitions with non-consulting service bidding packages

For bidding packages of non-consulting services applying the form of contractor appointment, the preparation of a request for proposals may apply the provisions of Vietnam's Circular 21/2022/TT-BKHDT on the basis of ensuring that it is not contrary to the provisions of CPTPP, EVFTA, and UKVFTA.

For bidding packages covered by the CPTPP, the EVFTA, and the UKVFTA Agreement, bids must be opened before the effective date of Vietnam's Circular 21/2022/TT-BKHDT (November 20, 2022). The evaluation of bids and consideration of winning bids shall comply with the provisions of the bid documents but must ensure that they are not contrary to the provisions of the CPTPP, the EVFTA, and the UKVFTA.

For bidding packages covered by the CPTPP, EVFTA, and UKVFTA, bid documents have been issued before the effective date of this Circular but have a bid closing time after November 20, 2022, or have not yet met the deadline for bid closing: In the event that the content is not suitable or contrary to the instructions stated in the bid documents Forms issued together with Vietnam's Circular 21/2022/TT-BKHDT, it must be amended accordingly.

In the event of modification of bid documents after issuance, investors and bid solicitors must give contractors a reasonable amount of time to prepare bids.

For bidding packages covered by the CPTPP, the EVFTA and the UKVFTA Agreement, the bid documents must be approved before November 20, 2022 but have not yet been issued. The bid documents: they must be modified according to the forms of bid documents issued together with Vietnam's Circular 21/2022/TT-BKHDT.

If the legal documents referred to in this circular are revised, supplemented, or replaced, the revised, supplemented, or replaced documents will take precedence.

Chau Thanh

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