Process for online contractor selection in Vietnam under Decree 24/2024

Process for online contractor selection in Vietnam under Decree 24/2024 (Internet image)

Regarding this matter, LawNet would like to answer as follows:

Process for online contractor selection in Vietnam under Decree 24/2024

Pursuant to Article 97 of Decree 24/2024/ND-CP stipulating the online contractor selection process as follows:

(1) The preparation, appraisal of, and approval for prequalification documents, EOI requests, and bidding documents shall comply with Articles 23, 24, 25, 35, 36, 37, 60, 61 and 62 of Decree 24/2024/ND-CP.

- For the requirements in the data sheet, evaluation criteria for eligibility, capacity, and experience in the prequalification documents and bidding documents of goods procurement and construction packages, non-consulting services, employers or procuring entities may not attach request files other than the contents that have been digitized in webform form on the VNEPS;

- For the requirements in the data sheet, evaluation criteria for eligibility, capacity and experience, technical evaluation criteria in the EOI requests and bidding documents of packages for consulting services, employers or procuring entities may not attach request files other than the contents that have been digitized in webform form on the VNEPS.

(2) Criteria for evaluating prequalification applications, EOI responses, and bidding documents are laid down in Articles 23, 24, 35, 36, 60 and 61 of Decree 24/2024/ND-CP.

(3) The evaluation of bids is carried out according to the principles specified in Clauses 1, 2, 3, 4, 6, 7 and 8, Article 27, Clause 1 Article 39, and Clause 1, Clause 2 Article 64 of Decree 24/2024/ND-CP.

For packages for procurement of goods and non-consulting services using a single-stage, one-envelope method, using the least-cost selection and bids without any incentives, the VNEPS automatically rank bidders according to their bid prices; evaluation of bids may be carried out against the first ranked bidder. If the first ranked bidder does not respond, the next ranked bidder will be evaluated.

(4) Clarifications to bids are carried out through VNEPS according to Clauses 1, 3, 4, 5, Article 28 and Clauses 1, 3, 4, 5, Article 65 of Decree 24/2024/ND-CP.

(5) Error correction and deviation adjustment are carried out in accordance with Article 29 or Article 66 of Decree 24/2024/ND-CP.

(6) EOI requests, prequalification documents, bidding documents, shortlisting selection results, and contractor selection results are approved on VNEPS according to the roadmap specified in Point d Clause 8 of Article 97 of Decree 24/2024/ND-CP.

(7) Bidders must actively monitor and update their information on VNEPS for any packages they are interested in or participating in. If errors occur due to failure to monitor and update information on VNEPS, leading to disadvantages for bidders during the bidding process, including:  changes in and modifications to EOI requests, prequalification documents, bidding documents, bid submission deadline, contract negotiation and other matters, bidders must take responsibility and bear the disadvantages during the bidding process.

(8) Online contractor selection from the effective date of Decree 24/2024/ND-CP until December 31, 2024 will be carried out according to the following roadmap:

- Organize online contractor selection for all (100%) packages of investment projects applying competitive bidding, limited bidding, and domestic shopping method for procurement of goods , construction, non-consulting services, consulting services with a fixed budget not exceeding VND 500 billion, except for mixed packages, packages applying the two-stage and one-envelope method, two-stage and two-envelope method, international bidding;

- The organization of online contractor selection during the year must ensure that the total number of packages reaches at least 95% of the number of packages and at least 90% of the total value of packages using the form of competitive bidding, limited bidding, domestic shopping method except for mixed packages, packages applying the two-stage and one-envelope method, two-stages and two-envelope method, international bidding;

- Organize online contractor selection for all (100%) packages of procurement estimates applying competitive bidding, limited bidding, and domestic shopping method, except for mixed packages, packages applying the two-stage and one-envelope method, two-stage and two-envelope method, international bidding;

- For packages applying online contractor selection, approval for EOI requests, prequalification documents, bidding documents, shortlisting selection results, contractor selection results on VNEPS will be implemented from December 1, 2024.

(9) Cases of non-bidding on VNEPS specified in Clause 5, Article 50 of the Bidding Law 2023 include:

- Packages that apply the two-stage and one-envelope method, two-stage and two-envelope method, international bidding;

- Packages that apply the form of direct contracting, direct procurement, self-performance, price negotiation, contractor selection in special case, community-involved packages, selection of individual consultants under shortened procedures. For these contractor selection methods, electronic contract signing is carried out on a basis consistent with the features and development of VNEPS;

- Projects, procurement estimates, packages have confidential contents and the disclosure of information on VNEPS will affect community interests, or endanger social order and security, or endanger national defense, security, foreign affairs, and territorial borders.

In case of publicizing information about the project, procurement estimate, package, specific contractor selection plan, EOI request, prequalification documents, bidding documents, contractor selection result according to Article 8 of the Bidding Law 2023 that may lead to the consequences specified above, the employer shall report to the competent person to consider approval in the specific contractor selection plan for not organizing online bidding.

If some information in the project, procurement estimate, package, EOI requests, prequalification documents, bidding documents need to be kept confidential and the remaining information may still be made public, the employer shall report to the competent person on how to provide such information.  Confidential information must not be disclosed on VNEPS; other information may be posted and online contractor selection may be organized;

- The package exceeds the technical infrastructure capacity of VNEPS;

- Other packages as prescribed by law.

Ho Quoc Tuan

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