Guidance on application of form of bidding documents for procurements of goods according to CPTPP in Vietnam

According to Article 3 of the Circular No. 09/2020/TT-BKHĐT of the Ministry of Planning and Investment of Vietnam, application of form of bidding documents for procurements of goods is guided as follows:

1. Application of form of bidding documents:

- Form of bidding documents for procurement of goods No. 01 (Form No. 01) applicable to open tendering packages under single-stage and one-envelope bidding procedure;

- Form of bidding documents for procurement of goods No. 02 (Form No. 02) applicable to open tendering packages under single-stage and two-envelope bidding procedure.

2. Upon preparation, appraisal and approval for bidding documents for procurement of goods, the relevant entities must:

- Establish suitable requirements based on the scope and nature of each package and the rules of competition, fairness, transparency and economic efficiency;

- Establish technical specifications based on the usages of the good (characteristics, specifications, etc.) which ensures compliance with functions and actual need for use as well as the market conditions;

- In case of intra-regional bidding, the bidding documents must specify that the intra-regional bidder may only offer goods originating in the Parties that make a bid. The Party is a country that meets the following requirements:

+ It has signed the CPTPP on March 08, 2018;

+ At the time of approval for the bidding documents, CPTPP is effective in that country;

- Refrain from establishing conditions intended to limit the participation of the bidders or make an advantage for one or certain bidders for unfair competition, such as describing specific make and origin of the good, including naming the a country, group of countries, or territory as a discriminatory practice, except for intra-regional bidding as prescribed in Articles 4 and 15 of Decree No. 95/2020/ND-CP of Vietnam’s Government and point c of this clause; refrain from establishing a requirement that the bidder has performed one or multiple contracts with a procuring entity of a country, territory or the bidder must have experience in supply of the good or service in the territory of the country or territory as a criterion for disqualification of the bidder.

- In case it is impossible to give the detailed description of technical features, technological design and standards, trademarks and catalogs of specific products should be shown as a reference or illustration of technical requirements of these products, but the remark "or equivalents” should be printed at the back side of these trademarks and catalogs, and contents of technical features, operational functions, technological standards equivalent to those of these products as well as other information (if any) should be clearly stated, except for information about origin of goods.

- If there is any modification to the form of bidding documents, the entities in charge of preparation, appraisal, and approval for the bidding documents must ensure that modification makes the form of bidding documents more appropriate, logical and well organized and not contravention with CPTPP. The request for approval for bidding documents must specify the modifications compared to original form of bidding documents and reasons thereof for the investor to consider.

Note: Regarding a package of procurement of goods applying limited tendering, for reference purpose, the form of bidding documents may be modified.

View more details at the Circular No. 09/2020/TT-BKHĐT of the Ministry of Planning and Investment of Vietnam, effective from January 15, 2021.

Thuy Tram

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