Chương II Thông tư 06/2024/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. Provision of information to build national database about bidders, quality of used goods

1. Legal status of bidders

The system extracts information on legal status, financial statements, and other information of enterprises, cooperatives, and household businesses stored in the national information system for registration of enterprises, cooperatives, and household businesses (hereinafter referred to as national enterprise registration information system). For bidders not registered on the national enterprise registration information system, they shall provide information upon registration to participate in the System.

2. Information about qualifications of bidders

a) Information about qualifications of bidders is outlined in point c clause 1 Article 17 of Decree No. 24/2024/ND-CP dated February 27, 2024 on elaboration and implementation of the Law on Bidding regarding selection of contractors (hereinafter referred to as Decree No. 24/2024/ND-CP). If bidders have certificates as prescribed by law, they shall declare these certificates on the System.

b) The bidder shall actively update information about his/her qualifications according to regulations of point a of this Clause 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.

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

d) 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.

dd) If the figures on financial statements on the System 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.

3. The investor shall provide information about bidders’ bidding reputation in accordance with point d clause 1 of Article 17 of Decree No. 24/2024/ND-CP.

4. The investor or the procuring entity in centralized procurement shall be responsible for providing information on the Bidder's contract performance in accordance with point dd clause 1 of Article 17 of Decree No. 24/2024/ND-CP.

5. The investor or the procuring entity in centralized procurement shall be responsible for providing information on the quality of used goods in accordance with clause 2 of Article 17 of Decree No. 24/2024/ND-CP.

6. The investor shall provide information on the handling of violations of bidding laws in accordance with Clause a of Article 8 of the Law on Bidding.

Article 11. Essential information of contract

1. Essential information of contract shall include: Contract number, contracting parties, contract price, contract type, contract package performance period as specified in clause 7 of Article 39 of the Law on Bidding, contract performance period (the number of days from the effective date of the contract to the date on which the parties fulfill their obligations as stipulated in the contract), contract effective date, list of subcontractors (if any), contract scope of work, other information (if any).

2. The investor shall provide essential information of contract no later than 05 working days from the effective date of the contract as prescribed in Clause 4 of Article 8 of the Law on Bidding.

Article 12. Information about projects, contractor selection master plan, contractor selection plan

1. Time of publishing:

Information about a contractor selection master plan, contractor selection plan shall be published on the System by the investor as prescribed in point a clause 1 and clause 4 Article 8 of the Law on Bidding and clause 6 Article 14 of Decree No. 24/2024/ND-CP.

2. When publishing the contractor selection master plan, the investor must enclose supporting documents for preparation the master plan as prescribed in clause 2 Article 14 of Decree No. 24/2024/ND-CP.

The basic information on project shall be published concurrently with the contractor selection plan.

3. If a package receives an approved estimate after the contractor selection plan is approved as prescribed in clause 2 Article 131 of Decree No. 24/2024/ND-CP, the approved estimate must be published on the System within 05 days before the bid submission deadline.

4. Attachment:

The investor must enclose the approval for contractor selection master plan, contractor selection plan while publishing the contractor selection master plan, contractor selection plan.

Article 13. 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 bidder who submits expression of interest, application for prequalification, E-HSQT, E-HSDST.

Article 14. 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 15. 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 16. 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 bidder who submits bid package, E-HSDT.

Article 17. 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; approved terms of reference;

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, terms of reference published on the System are different from those of the approved bidding documents, E-HSMT, approved terms of reference, the bidding documents, E-HSMT issued on the System shall serve as the basis for making and evaluation of bid package, E-HSDT, scientific background documentation.

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, terms of reference after being issued, the procuring entity shall publish a decision on revisions accompanied by the revisions to E-HSMT, terms of reference; the revised E-HSMT, revised terms of reference 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, terms of reference 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, terms of reference 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, terms of reference must not contravene the approved bidding documents, E-HSMT, terms of reference. If the procuring entity deems it necessary to revise the bidding documents, E-HSMT, terms of reference 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 18. Cancellation, renewal or modification of published information

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

Article 19. 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) If the fixed budget in the contractor selection plan is approved for adjustment as prescribed in point b clause 8 Article 131 of Decree No. 24/2024/ND-CP, the investor shall publish the decision on adjustment of the fixed budget on the System before the deadline for offering bid price.

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 20. Other information published on the System and the procedure for publishing information on the System

1. In addition to the information posted on the System as prescribed in Articles 10, 11, 12, 13, 14, 15, 16, 17, and 19 of this Circular, other information published and performed on the System includes:

a) Bid opening record for offline bidding shall be published on the System within 24 hours from the bid opening time;

b) The decision on cancellation of the bidding shall be published on the System within 05 working days from the date of signing the decision;

c) The written resolution of the petition of the investor or the competent authority shall be published on the System within 05 working days from the date of issuance of the resolution;

d) The list of technically qualified bidders for offline bidding shall be published on the System within 05 working days from the date of approval;

dd) For the two-stage bidding procedure, the list of bidders meeting the requirements of the first stage bidding documents and the list of bidders meeting the technical requirements of second stage must be published on the System no later than 05 working days from the date of approval;

e) The list of foreign bidders winning bids in Vietnam shall be published on the System within 15 days from the effective date of the contract signed with the foreign bidder.

2. Procedures for publishing information in Articles 10, 11, 12, 13, 14, 15, 16, 17, 19 and clause 1 of this Article shall follow the Instruction Manual.

Article 21. 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 still be 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 also be 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 procuring entity; manage the use of digital certificates on the System.

Article 22. 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 23. Responsibilities of the Center, E-GP project management enterprise

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.