From February 1, 2020, the new regulations on online bidding came into effect
The Minister of Planning and Investment promulgates a Circular 11/2019/TT-BKHDT dated December 16, 2019 elaborating online supply and posting of procurement information, roadmap for application of e-selection of preferred bidders and management and use of non-returnable bid security and performance security.
This Circular sets forth supply and posting of procurement information on National E-procurement System (hereinafter referred to as the System), the Vietnam Public Procurement Review Journal (hereinafter referred to as VPPR Journal) in accordance with the Bidding Law; the roadmap for application of e-selection of preferred bidders; management and use of non-returnable bid security and performance security
Publicizing bidding documents of bidding packages that are not applicable to online bidding
Accordingly, one of the highlights in Circular 11/2019/TT-BKHDT (Circular 11) is the mandatory disclosure of bid invitation documents, dossier of requirements on the National E-procurement System (address: www.muasamcong.mpi.gov.vn), even though the bidding package is not applicable for online. Specifically, for the selection of contractors, in the process of posting notice of invitation for expression of interest, invitation for prequalification, invitation to bid, notice of proposed procurement, the Bid solicitor must attach the following documents: a decision on approval for the request for expression of interest, requalification document; the approved request for expression of interest, prequalification document.
Bid invitation documents, dossiers of requirements shall be issued free of charge on the System right after the invitation for expression of interest, invitation for prequalification is successfully posted. For non-online bidding, if bid invitation documents, dossiers of requirements are sold according to the provisions of Clause 1, Article 9 of Decree No. 63/201/ND-CP, the Bidder must pay the Bid solicitor one an amount equal to the selling price of bid invitation documents, dossiers of requirements before receiving the bid dossiers, dossiers of proposals
The roadmap for application of e-selection of preferred bidders
In 2020:
- Hold e-selection of bidders for all (100%) packages applying competitive bidding, shopping method in the fields of goods, non-consulting services, and consulting services with the package price not exceeding 5 billion VND and in the field of construction works with the package price not exceeding 10 billion VND, except for the cases in which the e-selection of preferred bidders cannot be held or the packages with special characteristics;
- The holding of e-selection of preferred bidders in the year must ensure that the total number of packages reaches at least 60% of the number of packages applying the form of competitive bidding and shopping method and total value of packages reaches at least 25% of the total value of packages applying the form of competitive bidding and shopping method.
In 2021:
- Hold e-selection of bidders for all (100%) packages applying competitive bidding, shopping method in the fields of goods, non-consulting services, and consulting services with the package price not exceeding 10 billion VND and in the field of construction works with the package price not exceeding 20 billion VND, except for the cases in which the e-selection of preferred bidders cannot be held or the packages with special characteristics;
- The holding of e-selection of preferred bidders in the year must ensure that the total number of packages reaches at least 70% of the number of packages applying the form of competitive bidding and shopping method and total value of packages reaches at least 35% of the total value of packages applying the form of competitive bidding and shopping method.
From 2022 to 2025:
- Hold e-selection of preferred bidders for at least 70% of packages within the scope of the Law on Public Procurement;
- Hold e-selection of preferred bidders for all (100%) bidding packages funded by state capital for procurement in order to maintain regular operations of regulatory agencies, political organizations, and socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, units of the people's armed forces, public sector entities;
- Hold e-selection of preferred bidders for all (100%) of centralized procurement.
Investors and contractors can self-cancel digital certificates
According to Circular No. 11, the bid solicitor, contractor, and investor, after registering to participate in the System, will be issued a digital certificate. The cancellation of digital certificate can be done by the bid solicitor, contractor, and investor according to the instructions for use or send a written request to cancel the digital certificate to the Center. Parties may copy the digital certificate and store it on a hard disk, USB flash drive, smart card or other information storage medium. In addition, the parties can also register for additional digital certificates in accordance with the law.
Documents for registration of participation in the System for the bid solicitor include an application form and a photocopy of the Establishment Decision or Business Registration or equivalent documents. The documents are sent by the bid solicitor to the Center or on the System. Within 02 working days, from the date of receiving the dossier, the Center shall review the dossier and notify the result of processing the dossier to the bid solicitor. When there is a need to amend the information registered on the Procuring Entity System, follow the instructions or request the Center to amend it if unable to do so by itself.
BK Law will help you to consult bid matters, prepare the dossier for investors and contractors as well as handle with arsing situations.