Chương VII Nghị định 24/2024/NĐ-CP: Lựa chọn nhà thầu qua mạng

Chapter VII

ONLINE CONTRACTOR SELECTION

Section 1. ONLINE BIDDING

Article 96. Connecting VNEPS with other systems

1. Connect to the National Information System for business registration, cooperative registration, and household business registration (hereinafter referred to as National Business Registration System):

a) VNEPS uses information from business registration, cooperative registration, and household business registration to register bidders and track their activities on the platform;

b) VNEPS uses information on legal status, financial statements, and other information of enterprises, cooperatives, and household businesses stored in the National Business Registration System to evaluate prequalification applications, EOI responses, bids and consider contract award. Data shared between the National Business Registration System with VNEPS is updated regularly and continuously;

c) The Ministry of Planning and Investment shall develop, manage, and guide the implementation of connections between the Systems specified in Points a and b of this Clause.

2. Connect to the Tax Management System (TMS):

a) VNEPS uses information on payment of tax liabilities, financial statements of enterprises, cooperatives, and household businesses stored in the National Business Registration System to evaluate prequalification applications, EOI responses, bids and consider winning bids;

b) Information on tax liabilities and financial statements of organizations, enterprises, and household businesses are updated regularly and continuously;

c) The Ministry of Finance and the Ministry of Planning and Investment organize the connection of the TMS with VNEPS through the National Business Registration System; manage received information in accordance with the law on management, connection, and sharing of digital data of regulatory agencies.

3. Connect to the Treasury and Budget Management Information System (TABMIS):

a) VNEPS shares information about contracts, performance progress, completed work value tables, payment progress of contracts. This data helps manage contract performance, payments, and bidder capacity, experience, and performance history.

b) The Ministry of Finance and the Ministry of Planning and Investment organize the connection of the TABMIS with VNEPS; manage received information in accordance with the law on management, connection, and sharing of digital data of regulatory agencies.

4. VNEPS is connected to Vietnam Social Security, other information portals and systems to simplify the bidding process, contract management, and contract payment.

Article 97. Process for online contractor selection

1. e 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 this Decree.

a) 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;

b) 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 this Decree.

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 this Decree.

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 this Decree.

5. Error correction and deviation adjustment are carried out in accordance with Article 29 or Article 66 of this Decree.

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 this Article.

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 this Decree until December 31, 2024 will be carried out according to the following roadmap:

a) 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 package price 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;

b) 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;

c) 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;

d) 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 include:

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

b) 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;

c) 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 that may lead to the consequences specified in this point, 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;

d) The package exceeds the technical infrastructure capacity of VNEPS;

dd) Other packages as prescribed by law.

Section 2. ONLINE QUOTATION

Article 98. Conditions for applying online quotations

1. Online quotation includes online quotation under ordinary procedures and online quotation under shortened procedures.

2. Online quotation under ordinary procedures applies in the following cases:

a) Common and simple non-consulting service packages;

b) Packages for procurement of readily available, standardized goods with similar quality from multiple competing suppliers; price is the main deciding factor, with no or minimal impact from life cycle costs;

c) Groups of goods or services that can apply for online quotation include: materials, fuel, basic construction materials (iron ore, road aggregate, construction materials, copper pipes and other materials; standardized information technology equipment, including computers, ink cartridges, modems and other equipment; printing paper, photocopy paper, simple supplies, light bulbs; purchase of the right to use commercial software; energy, coal or gas; chemistry; shipping services; cleaning service; maintenance service; other goods or services that meet the requirements of Points a and b of this Clause.

3. Online quotation under shortened procedures applies in one or more of the following cases:

a) Packages for procurement of goods and provision of non-consulting services with a value of no more than 300 million VND for procurement estimates;

b) Packages belong to projects of the state-owned enterprises, enterprises with 100% charter capital held by state enterprises and projects under the Law on Public Investment, including: packages for procurement of goods and provision of non-consulting services with a value of no more than 1 billion VN

c) Packages for goods and services that must be purchased from specific manufacturers to ensure compatibility of technology and copyright with equipment, machinery, software and services that are readily available or due to the manufacturer's warranty conditions that cannot be purchased from another manufacturer and there are multiple bidders capable of supplying the goods or services.

Article 99. Principles of online quotation

1. Bidders can continuously change prices and factors other than prices (if any) during the online quotation period. The price levels and factors other than prices (if any) offered by bidders are publicized on VNEPS during the bidding process, except the bidder's name. VNEPS automatically ranks and publicizes the ranking order of bidders corresponding to prices and factors other than prices (if any) during the online quotation period; remaining time of the online quotation process.

2. If the bid price is the only factor allowed to be re-offered and the package is evaluated according to the least-cost selection and there are many bidders offering the lowest price, the first bidder with the lowest price wins the bid.

3. If the least-cost selection is not used, VNEPS automatically ranks bidders according to the evaluation criteria in the bidding documents and if there are multiple bidders ranked first, the bid will be awarded to the bidder who first achieved the first rank.

4. The end time for online quotation must be during business hours.

5. The offered price must not be higher than the package price and must not be higher than the lowest offered price if the price is the only factor being re-offered.  If the bid prices after discount (if any) of all technically-responsive bidders exceed the package price and no bidder participates in online quotation under ordinary procedures, the employer will address the situation according to Point b or Point c or Point d, Clause 8, Article 131 of this Decree.

Article 100. Ordinary online quotation process

1. On the basis of the approved specific contractor selection plan, the organization of online quotation under ordinary procedures is carried out at the financial evaluation step, as a basis for comparing bids and ranking bidders.

2. Contractor selection preparation, including:

The appraisal of and approval for bidding documents shall comply with Clause 24, Article 25 of this Decree. For packages with a package price of less than 5 billion VND, the minimum time to prepare bids is 5 working days from the first date the bidding documents are issued to the bid submission deadline.

3. In addition to the contents specified in Article 24 of this Decree, bidding documents must also include at least the following information related to the online quotation process:

a) Notice on the application of online quotation during the contractor selection process;

b) Factors other than prices that bidders are allowed to change (if any) and conversion formula to compare and rank bidders.

4. Organization of contractor selection:

The contractor selection organization shall comply with Article 26 of this Decree.

5. Evaluation of bids and organization of online quotation:

a) The bid evaluation shall comply with Article 97 of this Decree;

b) The list of technically-responsive bidders to be appraised and approved. Based on the list of technically-responsive bidders, the procuring entity sends an invitation for online quotation on VNEPS to the bidders on the list at least 3 working days before the online quotation start date. The invitation for online quotation includes the following contents:  online quotation start time; bidder ranking principles, including the mathematical formula used in the online quotation process (if any) to automatically rank bidders on the basis of their offer prices along with other factors in the online quotation session; bid increments (the minimum difference of the next offered price offer compared to the current offered price); online quotation end time; other relevant information (if any);

c) The bidder decides to participate in online quotation according to the invitation of the procuring entity. Even if a bidder is invited to participate in the online quotation but does not submit a quote, their original bid submitted before the bid submission deadline will still be financially evaluated. 

6. Recording of online quotation result:

a) Bidders participate in online quotation on VNEPS. The minimum online quotation time is 3 hours from the time the online quotation starts;

b) VNEPS records the final offered price of each bidder at the end of the online quotation process and the bidder ranking list;

c) The consideration for contract award is carried out according to Article 61 of the Bidding Law based on the bid price and non-price factors (if any) of the first ranked bidder at the end of the online quotation process.

7. Submission, appraisal of, approval for, and publication of contractor selection result:

The submission, appraisal of, approval for, and publicization of contractor selection result shall comply with Article 31 of this Decree.

8. Finalization, signing, and management of contract performance:

The contract signed between the parties must be consistent with the decision on approval for contractor selection result, the bid, the bidding documents, and other related documents. The finalization, signing, and management of contracts shall comply with Article 32 and Article 33 of this Decree.

Article 101. Shortened online quotation process

1. Prepare an invitation to bid based on the approved specific contractor selection plan:

The invitation to bid includes the following information:

a) Specific requirements on origin, marking, trademark, manufacturer, technical specifications of goods, delivery time, warranty and other necessary matters (if any) for goods procurement package; scope of work, technical requirements, performance duration, service completion time and other necessary matters (if any) for non-consulting service packages;

b) Online quotation start time, bidder ranking principles, bid increments, online quotation end time and other relevant information (if any);

c) No bid security is required.

2. After the employer approves the invitation to bid, the procuring entity posts the invitation to bid on VNEPS at least 3 working days before online quotation start time. The minimum online quotation time is 24 hours from the time the online quotation starts.

3. Bidders participate in direct online quotation on VNEPS to bid for the items listed in the invitation to bid and can offer their prices within the time limit specified in the invitation.

4. To participate in online quotation, bidders must commit in their letter of bid to meet the requirements in the invitation to bid.  If the bidder wins the bid but does not comply with the commitment as outlined in the letter of bid, the situation will be addressed in accordance with the terms and conditions specified in that document (publicize the bidder's name on VNEPS and lock the account within 6 months from the date on which the Ministry of Planning and Investment receives the employer's written request), except for force majeure events.

5. Recording of online quotation result:

a) VNEPS records the final offered price of each bidder at the end of the online quotation process and the bidder ranking list;

b) The consideration for contract award is carried out according to Article 61 of the Bidding Law based on the bid price of the first ranked bidder at the end of the online quotation process.

6. Submission, appraisal of, approval for, and publication of contractor selection result:

The submission, appraisal of, approval for, and publicization of contractor selection result shall comply with Article 31 of this Decree.

7. Finalization, signing, and management of contract performance:

The contract signed between the parties must be consistent with the decision on approval for contractor selection result, the bid, the bidding documents, and other related documents. The finalization, signing, and management of contracts shall comply with Article 32 and Article 33 of this Decree.

Section 3. ONLINE PROCUREMENT

Article 102. Form of online procurement

1. Online procurement must be approved in the specific contractor selection plan and is applied to goods or services of packages included in the procurement estimate with a package price not exceeding 100 million VND; packages for procurement of goods or services under projects of state-owned enterprises, enterprises with 100% charter capital held by state-owned enterprises and projects under the Law on Public Investment with a package price not exceeding 1 billion VND.

2. The time to apply online procurement for items in the list of goods or services for centralized procurement is the contract performance duration if a framework agreement is not signed but must not exceed 12 months from the effective date of the contract or effective period of the framework agreement.

Article 103. Online procurement process

1. VNEPS automatically extracts information about the contractor selection result for centralized procurement on the list of goods or services applicable to online procurement.

2. Based on the list of goods or services specified in Clause 1 of this Article, employers and procuring parties wishing to procure online can order goods or services directly on VNEPS. Order for each good and service includes:  Order for each good and service includes: quantity, volume; delivery method and shipping unit price (if any); unit price of the good or service; payment methods; place of delivery or place of performance; other necessary information.

3. For each order of goods or services, the VNEPS automatically sends a notification to the bidder who won the bid in the previous centralized procurement. The bidder shall either confirm or reject the order on the VNEPS within 3 days of receiving the order.

4. VNEPS displays a notice of confirmation or rejection of that order and sends a notice to the procurement unit.

5. Publicize the online procurement result.

6. The finalization, signing, and management of contracts shall comply with Article 32 and Article 33 of this Decree. The bidder manages confirmed orders and is responsible for providing goods or services as requested, ensuring quality and schedule.

Article 104. Information on goods or services procured online

In case of reducing the prices of goods or services compared to the provisions in the framework agreement or previously signed contract, the bidder shall notify the centralized procurement unit and VNEPS at least 5 days before the reduction.