Online contractor selection process in Vietnam

Online contractor selection process in Vietnam (Source: Internet)

1. Scope of application of online contractor selection in Vietnam

In Article 84 of Decree 63/2014/ND-CP, the scope and roadmap for application are as follows:

Selection of contractor online shall apply to:

- Consulting services;

- Non-consulting services;

- Goods procurement;

- Construction & installation;

- Mixed contracts

That are awarded through open bidding, selective bidding, competitive offering, direct procurement, and no-bid contract awarding.

2. Rules for selecting contractors online in Vietnam

Article 85 of Decree 63/2014/ND-CP stipulates the principles of application of online contractor selection as follows:

- When selecting contractors online, the procuring entity and bidders shall make a registration on the national bidding network.

- Each procuring entity shall issue free of charge the request for expression of interest, request for prequalification, invitation for bids, or request for proposals on the national bidding network.

- Each bidder shall submit only one bid-envelope or proposal on the national bidding network for each contract.

- The procuring entity shall open the bids on the national bidding network right after the deadline for submitting bids. If no bidders are interested, procuring entity shall request the investor to consider rearranging the online contractor selection; If fewer than 03 bidders submit their bids, the procuring entity shall open the bids immediately without following the procedures in Clause 4 Article 117 of Decree 63/2014/ND-CP

- Electronic transaction documents and information posted on the national bidding network are considered original and as valid as paper documents, which are the basis for evaluation, verification, inspection, audit, and disbursement.

3. Online contractor selection process in Vietnam

Article 88 of Decree 63/2014/ND-CP stipulates the online contractor selection process as follows:

Step 1: Procuring entity and bidders shall register their participation in the national bidding network as prescribed in Article 87 of Decree 63/2014/ND-CP

Step 2: The procuring entity shall post the notifications of request for expression of interest, request for prequalification, invitation for bids, or request for proposals on the national bidding network. Procuring entity must specify their wanted goods if the contract is a goods procurement contract.

Step 3: The procuring entity shall issue the notifications of request for expression of interest, request for prequalification, invitation for bids, or request for proposals on the national bidding network together with the aforesaid notifications. In case of discrepancy between the electronic document and information on the form, the electronic document shall prevail.

Step 4: Bidders shall submit their application for prequalification, EOI responses, bid-envelopes, and proposals on the national bidding network.

The network must confirm the receipt of bidders’ documents, display the time and status on the network, which are the basis for dispute settlement (if any).

Bidders shall pay for tender guarantee via any bank that connects to the national bidding network.

When withdrawing the application for prequalification, bid-envelope, EOI response, or proposal, the bidder shall notify the procuring entity and the guaranteeing bank (if any) before the deadline for submitting bids.

Step 5: The procuring entity shall open and decode applications for prequalification, EOI responses, bid-envelopes, and proposals on the national bidding network right after the deadline for submitting bids.

The opening record shall be posted on the national bidding network right within 02 hours from the deadline for submitting bids.

Step 6: After applications for prequalification, EOI responses, bid-envelopes, and proposals are evaluated, the procuring entity shall post the result of contractor selection on the national bidding network.

The result of contractor selection shall be publicly posted on the national bidding network after it is approved in writing.

4. Cost of online contractor selection in Vietnam

In Article 86 of Decree 63/2014/ND-CP stipulating costs in online contractor selection

The cost of online contractor selection consists of:

- The fee for participation in the national bidding network;

- The fee for submission of bid-envelopes or proposals;

- The fee for contract award;

- The fee for electronic contracts, and fee for using electronic procurement system. 

Ngoc Nhi

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