Regulations on preparation, submission, appraisal, approval of E-HSMQT, E-HSMST, E-HSMT on the online bidding system in Vietnam

Regulations on preparation, submission, appraisal, approval of E-HSMQT, E-HSMST, E-HSMT on the online bidding system in Vietnam (Image from the internet)

On November 17, 2024, the Minister of the Ministry of Planning and Investment of Vietnam issued Circular 22/2024/TT-BKHDT guiding the provision, posting of information on contractor selection and bidding document templates on the national online bidding system.

Regulations on preparation, submission, appraisal, approval of E-HSMQT, E-HSMST, E-HSMT on the online bidding system in Vietnam

Article 25 of Circular 22/2024/TT-BKHDT stipulates the preparation, submission, appraisal, approval of E-HSMQT, E-HSMST, E-HSMT in Vietnam as follows:

- The expert team prepares E-HSMQT, E-HSMST, E-HSMT on the System. After the expert team prepares E-HSMQT, E-HSMST, E-HSMT, the bid solicitor submits to the investor for organization of appraisal and approval of E-HSMQT, E-HSMST, E-HSMT.

- E-HSMQT, E-HSMST, E-HSMT must include all necessary information to serve as a basis for the contractor to prepare E-HSQT, E-HSDST, E-HSDT. In cases where the bid solicitor posts E-HSMQT, E-HSMST, E-HSMT with incomplete information (lacking designs, drawings, and other documents) or unclear information, causing difficulties for contractors in preparing E-HSQT, E-HSDST, E-HSDT, such E-HSMQT, E-HSMST, E-HSMT is invalid; the investor, bid solicitor must amend, supplement E-HSMQT, E-HSMST, E-HSMT appropriately and repost E-HSMQT, E-HSMST, E-HSMT. Amendment of E-HSMQT, E-HSMST, E-HSMT is performed according to the provisions at Clause 2, Article 15, and Clause 2, Article 18 of Circular 22/2024/TT-BKHDT.

- For bidding packages on goods procurement, construction, non-consulting services, EPC, EP, EC, PC, borrowing medical equipment, data tables, evaluation criteria on validity, capability requirements, experience in E-HSMST, E-HSMT are digitized in webform format on the System, Investor, bid solicitor shall not attach other required files on data tables, evaluation criteria on validity, capability requirements, experience in E-HSMST, E-HSMT. Data tables, evaluation criteria on validity, capability requirements, experience not digitized in webform format will not be considered part of E-HSMST, E-HSMT and contractors need not meet these requirements.

- In cases where a bidding package has applied pre-qualification, solicitation of interest, if the capability and experience of a contractor upon submission of E-HSDT differ from those at pre-qualification, solicitation of interest, the contractor must update their capability and experience when participating in the bid.

- In cases where E-HSMT contain contents leading to restriction of contractor participation or provide advantage to one or more contractors causing unfair competition, violating the provisions at Clause 3, Article 44 of Law on Bidding 2023 stated in Annex 10 issued with Circular 22/2024/TT-BKHDT, the bid solicitor, expert team shall not eliminate E-HSDT that does not satisfy these contents, these contents are nullified as per provisions at Clause 4, Article 44 of Law on Bidding 2023, and shall not be a basis for evaluating E-HSDT.

- In case of hiring consultants to act in the role of bid solicitor, expert team to post information, prepare E-HSMQT, E-HSMST, E-HSMT, evaluate E-HSQT, E-HSDST, E-HSDT, the hired unit shall perform according to the User Guide.

Circular 22/2024/TT-BKHDT takes effect from January 1, 2025, except for the following provisions which take effect from December 1, 2024:

- Provisions at Clause 1, Article 16, Clause 1, Article 18, Clause 1, Article 20 of Circular 22/2024/TT-BKHDT and other related contents regarding the approval of E-HSMQT, E-HSMST, E-HSMT, pre-qualification results, invitation of interest, contractor selection results for online contractor selection on the System;

- Provisions at points c, d, and point dd of Clause 12, Article 4 of Circular 22/2024/TT-BKHDT and other related contents concerning online price bidding for goods procurement packages, non-consulting services according to a streamlined process and online price bidding according to a streamlined process in case of situation handling as prescribed in Article 131 of Decree 24/2024/ND-CP dated February 27, 2024, of the Government of Vietnam.

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