Chương II Thông tư 01/2024/TT-BKHĐT: Cung cấp, đăng tải thông tin về lựa chọn nhà thầu

Chapter II

PROVIDING AN PUBLISHING INFORMATION ABOUT SELECTION OF CONTRACTORS

Article 10. Information about qualifications of bidders

1. Information about qualifications of a bidder on the System includes:

a) General information about the bidder;

b) Figures on annual financial statements;

c) Information about contracts that have been executed;

d) Information about key personnel;

dd) Information about machinery and equipment;

e) Information about the bidder’s reputation.

2. The bidder shall actively update information about his/her qualifications according to regulations of Clause 1 of this Article on the System and take responsibility to the law for the accuracy of information declared on the System. In case the bidder makes correction on the System, the System will save all the information before and after the bidder makes the correction. Information about the bidder's qualifications shall be authenticated by the digital signature of the bidder.

3. The bidder shall attach documents to prove the authenticity of the qualifications. The attached documents will be stored and managed on the System.

4. In case the bidder makes untruthful declaration in order to gain financial benefits or other benefits or avoid any obligation, it shall be considered fraud as prescribed in Clause 4, Article 16 of the Law on Bidding.

5. If the figures on annual financial statements on the System specified at Point b, Clause 1 of this Article have been updated from the Electronic Tax System and National Enterprise Registration Information System, the bidder is not required to declare the figures on annual financial statements. Regarding figures on annual financial statements from 2021 onwards, in case the bidder discovers that the figures have not been updated on the System in comparison with those on the Electronic Tax System, the bidder shall modify the figures in conformity with the figures reported to the tax authority. The system will save the modified versions of the information about the bidder.

Article 11. Information about projects and plans for selection of contractors

1. Time of publishing:

Information about a contractor selection plan shall be published on the System by the investor within 05 working days from the date on which the plan is approved. The basic information on project shall be published concurrently with the contractor selection plan.

2. Attachments:

The investor shall attach the decision on approval for the contractor selection plan during the process of publishing the plan.

Article 12. Invitation for EOI, invitation for prequalification applications, E-TBMQT, E-TBMST

The procuring entity shall publish an invitation for EOI, invitation for prequalification applications, E-TBMQT, E-TBMST on the System according to the contractor selection progress and timeframe in the approved contractor selection plan. Revisions to or cancellation of the invitation for EOI, invitation for prequalification applications, E-TBMQT, E-TBMST shall only be made before the deadline for submission of bids, unless there is no any bidder who submits expression of interest, application for prequalification, E-HSQT, E-HSDST.

Article 13. Issuance, revisions and clarification of EOI request, document on prequalification, E-HSMQT, E-HSMST (hereinafter referred to as “the procuring entity's documents”)

1. Issuance:

a) The procuring entity's documents shall be issued free of charge on the System after invitation for EOI, invitation for prequalification applications, E-TBMQT and E-TBMST are successfully published.

During the process of publishing invitation for EOI, invitation for prequalification applications, E-TBMQT or E-TBMST, the procuring entity shall attach the decision on approval for the procuring entity's documents and the approved documents.

The investor or the procuring entity is not allowed to issue the physical documents (EOI request, document on prequalification) to the bidder. In case the investor or the procuring entity issues the physical documents, the physical documents do not have their legal validity recognized in order to make and evaluate expression of interest, application for prequalification.

b) In case the contents of the procuring entity's documents published on the System are different from those of the approved documents, the procuring entity's documents issued on the System shall serve as the basis for making and evaluation of expression of interest, application for prequalification, E-HSQT, E-HSDST.

2. Revisions:

a) Regarding offline selection of contractors: In case of revisions to the EOI request and document on prequalification after they are issued, the procuring entity shall publish documents in either of the following ways on the System: A decision on revisions accompanied by the revisions to EOI request and document on prequalification; or decision on revisions and the revised EOI request and document on prequalification, clearly indicating the revisions.

b) Regarding e-selection of contractors: In case of revisions to E-HSMQT, E-HSMST after being issued, the procuring entity shall publish a decision on revisions accompanied by the revisions to E-HSMQT, E-HSMST; the revised E-HSMQT, E-HSMST on the System.

3. Clarification:

a) A prospective bidder requiring any clarification of the EOI request, document on prequalification, E-HSMQT, E-HSMST shall contact with the procuring entity through the System within at least 03 working days before the deadline for submission of bids;

b) The procuring entity will publish a written response to clarification of EOI request, document on prequalification, E-HSMQT, E-HSMST on the System within at least 02 working days before the deadline for submission of bids;

c) The clarification of EOI request, document on prequalification, E-HSMQT, E-HSMST must not contravene the approved EOI request, document on prequalification, E-HSMQT, E-HSMST. If the procuring entity deems it necessary to revise the EOI request, document on prequalification, E-HSMQT, E-HSMST as a result of a clarification, it shall do so following the procedure in Clause 2 hereof.

Article 14. Shortlist

1. Time of publishing:

The procuring entity shall publish the shortlist on the System within 05 working days from the date on which the shortlist is approved.

2. Attachment:

The procuring entity shall attach the decision on approval for the shortlist during the publishing of the shortlist.

Article 15. Invitation to bid, E-TBMT

The procuring entity shall publish an invitation to bid, E-TBMT on the System according to the contractor selection progress and timeframe in the approved contractor selection plan. Revisions or cancellation of invitation to bid, E-TBMT shall only be made before the deadline for submission of bids, unless there is no any bidder who submits bid package, E-HSDT.

Article 16. Issuance, revisions and clarification of bidding documents, E-HSMT

1. Issuance:

a) During the process of publishing invitation to bid, E-TBMT, the procuring entity shall attach the decision on approval for bidding documents, E-HSMT; the approved bidding documents, E-HSMT;

Regarding offline selection of contractors, the bidding documents shall be issued on the System after the invitation to bid is successfully published. The procuring entity is not allowed to issue the physical bidding documents to the bidder. If the procuring entity issues the physical bidding documents to the bidder, these physical documents do not have their legal validity recognized in order to make and evaluate bid package.

b) In case the contents of bidding documents, E-HSMT published on the System are different from those of the approved bidding documents, E-HSMT, the bidding documents, E-HSMT issued on the System shall serve as the basis for making and evaluation of bid package, E-HSDT.

2. Revisions:

a) Regarding offline selection of contractors: In case of revisions to bidding documents after they are issued, the procuring entity shall publish documents in either of the following ways on the System: A decision on revisions accompanied by the revisions to bidding documents; or decision on revisions and the revised bidding documents clearly indicating the revisions.

b) Regarding e-selection of contractors: In case of revisions to E-HSMT after being issued, the procuring entity shall publish a decision on revisions accompanied by the revisions to E-HSMT; the revised E-HSMT on the System.

3. Clarification:

a) Regarding offline selection of contractors, a bidder requiring any clarification of bidding documents shall contact the procuring entity through the System within at least 03 working days (for domestic bidding) or 05 working days (for international bidding) before the deadline for submission of bids for consideration and settlement;

Regarding e-selection of contractors, a bidder requiring any clarification of E-HSMT shall contact with the procuring entity through the System within at least 03 working days before the deadline for submission of bids for consideration and settlement;

b) The procuring entity will respond to any request for clarification of bidding documents, E-HSMT and publish the written response on the System within at least 02 working days before the deadline for submission of bids;

c) The clarification of bidding documents, E-HSMT must not contravene the approved bidding documents, E-HSMT. If the procuring entity deems it necessary to revise the bidding documents, E-HSMT as a result of a clarification, it shall do so following the procedure in Clause 2 hereof;

d) The procuring entity may hold a pre-bidding convention to discuss any clarification required by bidders if necessary. The procuring entity shall publish the invitation to attend the pre-bidding convention on the System. The discussion between the procuring entity and the bidders shall be recorded by the procuring entity and published on the System within a maximum of 02 working days from the end of the pre-bidding convention.

Article 17. Cancellation, renewal or modification of published information

The cancellation, renewal or modification of published information shall follow the Instruction Manual.

Article 18. Contractor selection results

1. Time of publishing:

The investor shall publish contractor selection results on the System within 05 working days from the date of approval for such results.

2. Attachments:

a) Decision to approve contractor selection results;

b) Report on evaluation of E-HSDT for e-selection of contractors (the consolidated evaluation report shall be published but the scorecards of the members of the expert group are not attached);

c) In case the estimate of the bidding package is approved after the approval for the contractor selection plan and during the issuance of E-HSMT, the procuring entity shall update the estimate and attach the decision on approval for the estimate on the System within at least 05 days before the deadline for submission of bids.

3. In case of procurement package, the detailed information on goods provided by the successful bidder shall be published. To be specific:

a) List of goods;

b) Marks and numbers;

c) Brands;

d) Manufacturing years;

dd) Origin of goods (countries, territories);

e) Manufacturers;

g) Configurations, basic technical features;

h) Calculation unit;

i) Weight;

k) Chapter code, Group code (corresponding to the first 4 digits of the code) in the Harmonized Commodity Description and Coding System (HS code) according to the goods classification system issued by WCO (hereinafter referred to as “HS code”) (if any);

l) Bid-winning unit price

Article 19. Procedures for publishing information on the System

Procedures for publishing information in Articles 10, 11, 12, 13, 14, 15, 16 and 18 of this Circular shall follow the Instruction Manual.

Article 20. Responsibilities of the investor

1. Fulfill the responsibilities specified in Clause 78 of the Law on Bidding;

2. Publish information specified in points a, g, h, i and k Clause 1 Article 7 of the Law on Bidding. If a bidding consultant is hired to act as the procuring entity, the investor shall be still responsible for publishing such information.

3. Publish information about foreign contractors selected in Vietnam according to Appendix 6 promulgated together with this Circular on the System in accordance with the Instruction Manual. The information shall be also sent to the Public Procurement Agency, the Ministry of Planning and Investment within 07 working days from the date of approval for contractor selection results.

4. Be responsible to the law for the accuracy and truthfulness of the information registered and published on the System when logging in the System with their participation account.

5. Check and confirm the publishing of their information on the System.

6. Manage and take charge of the distribution of power to task - specific accounts corresponding to the roles of the investor; manage the use of digital certificates on the System.

Article 21. Responsibilities of the procuring entity

1. Fulfill the responsibilities specified in Clause 79 of the Law on Bidding;

2. Publish the information specified in points b, c, d and dd Clause 1 Article 7 of the Law on Bidding. In case of international bidding, the procuring entity shall publish the information specified in Points b, c and d Clause 1 Article 7 of the Law on Bidding in both Vietnamese and English; the information specified in Point dd Clause 1 Article 7 of the Law on Bidding may be published in either English or both Vietnamese and English;

3. Be responsible for the consistency of the documents published on the System with the approved documents. In case there is any discrepancy between the documents published on the System and the approved documents, the documents published on the System shall prevail.

4. Monitor and update the information published on the System and responses made by the System.

5. Manage and take charge of the distribution of power to task - specific accounts corresponding to the roles of the procuring entity; manage the use of digital certificates on the System.

Article 22. Responsibilities of bidders

1. Apply for participation in the System in order to ensure their eligibility according to regulations in point d Clause 1 Article 5 of the Law on Bidding.

2. Fulfill the responsibilities specified in Clause 82 of the Law on Bidding;

3. Manage participation accounts and digital certificates on the System.

Article 23. Responsibilities of the Center, E-GP project management enterprise and Vietnam Public Procurement Review Journal

1. The Center shall:

a) Manage and supervise operation of the System, thereby ensuring that the System operates stably, continuously, safely and securely;

b) Develop Instruction Manuals; assist participants in the process of online registration, provision and publishing of information, selection of contractors;

c) Provide communication, training and guidance services to participants; perform services related to information on bidding, e-selection of contractors.

d) Cooperate with E-GP project management enterprise in fulfilling responsibilities specified in Article 52 of the Law on Bidding.

2. The E-GP project management enterprise shall assume the responsibilities specified in Article 52 of the Law on Bidding.

3. Vietnam Public Procurement Review Journal shall:

a) Review and detect invalid information and notify the investor and the procuring entity within 01 working day from the time the investor or the procuring entity publishes information on the System by themselves. The invalid information shall be notified on the System, via email, mobile application or other communication channels to the investor and the procuring entity for self-correction, completion and re-publishing of the information on the System;

b) Extract the information specified in Articles 12, 14, 15 and 17 of this Circular for 01 period on the Vietnam Public Procurement Review Journal within 02 working days from the date on which the investor or the procuring entity publishes the information on the System by themselves.

4. In case of any error in the publishing of information on bidding, including delayed publishing, incorrect contents or intentional failure to publish information, causing damage to the procuring entity, bidders and the investor, the VPPR Journal shall publish additional information and public correction in accordance with the law on press. Depending on the severity of errors, relevant organizations and individuals of the VPPR Journal shall be responsible for consequences and disciplined in accordance with the law on officials, public employees and workers and other relevant laws.