The E-Procurement Centre under the Department of Procurement Management. (Photo: VNA)Circular No. 12/2022/TT-BKHDT elaborates the preparation ofbidding documents for procurement of goods under the UKVFTA, while Circular No.15/2022/TT-BKHDT details instructions for construction and installationbidding.
These new regulations, which will come into force on August 25,2022, also apply to bidding packages under the Comprehensive and ProgressiveAgreement for Trans-Pacific Partnership (CPTPP) and the EU-Vietnam Free TradeAgreement (EVFTA).
The two circulars implement Decree No. 90/2022/NĐ-CP, whichintegrates guidelines on procurement procedures under the three big free tradepacts that Vietnam has participated including CPTPP, EVFTA and UKVFTA. It aimsto ensure the effective implementation of international commitments by Vietnam.
The "3-in-1" integration also facilitates domesticcontractors and contractors from the EU and the UK to learn regulations easily,ensuring competitive and transparent bidding.
The new rules apply to bids of single-stage single-envelop andsingle-stage two-envelops methods.
According to the regulations, based on the scale and nature ofeach specific bidding package, the bid solicitor shall make appropriaterequirements based on ensuring the principles of competition, fairness,transparency and economic efficiency.
The bid solicitor must not provide conditions to limit theparticipation of contractors or to create advantages for one or severalcontractors, causing unfair competition, such as stating the specific brand andorigin of goods, including the naming of countries, groups of countries andterritories, except for the case of intra-regional bidding; or setting up therequirement that a contractor has entered into one or more contracts with aprocuring agency of a particular country or that a contractor has experience inproviding goods and services in that territory as the criterion fordisqualifying contractors.
The circulars stipulate that in case of amending the provisionsstated in the form of the bidding documents, organisations and individuals thatmake, appraise and approve the bidding documents must ensure such correction isstricter than those noted in the bidding document form and not contrary to theprovisions of the CPTPP, the EVFTA and the UKVFTA.
Regarding the bids that have been opened before the effective dateof the circulars (August 25, 2022), the bid evaluation and consideration forcontract award shall be done in accordance with the bidding documents and notin contravention of the agreements.
If the bidding documents have been approved before August 25,2022, but have not been issued, these bidding documents must be adjusted toconform to forms issued together with the new circulars.
Any information inappropriate or in infringement of the biddingdocument form issued together with the two circulars must be modified. In thatcase, the investor and procuring entity must give the bidders reasonable timeto prepare their bids./.
VNA
