Chương II Thông tư 08/2022/TT-BKHĐT: Đăng tải, cung cấp thông tin về đấu thầu

Chapter II

PROVISION AND PUBLISHING OF BIDDING INFORMATION

Section 1. INFORMATION AND PROCEDURE FOR PUBLISHING ON THE SYSTEM

Article 11. Information about the qualifications of the bidder

1. Information on the qualifications of bidders on the System includes:

a) General information about the bidder

b) Figures on annual financial statements;

c) Information about contracts that have been performed;

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 their qualifications according to regulations of Clause 1 of this Article on the System and take legal responsibility 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 qualifications of the bidder shall be authenticated by the digital signature.

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 a bidder makes untruthful declaration in order to gain financial benefits or other benefits or to avoid any obligation, it shall be considered fraud as prescribed in Clause 4, Article 89 of the Law on Procurement.

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

Article 12. Information about projects, plans for selection of contractors

1. Time of publishing:

Information about the plan for selection of contractor shall be published on the System by the investor (development investment project) or the procuring entity (regular procurement) within 07 working days from the date on which the plan is approved. The project background information shall be published concurrently with the plan for selection of contractor.

2. Attachments:

The investor (development investment project) or the procuring entity (regular procurement) shall attach the decision on approval for the plan for selection of contractor during the process of publishing of the plan for selection of contractor.

3. The plan for selection of contractor for bidding packages under the project shall be made according to the plan for allocation of capital for the whole project. It is not required to make a plan for selection of contractor according to the capital plan of each year.

Article 13. Invitation to submit statement of interest, invitation for prequalification applications, E-TBMQT, E-TBMST

The procuring entity shall publish an invitation to submit statement of interest, invitation for prequalification applications, E-TBMQT, E-TBMST on the System according to the progress and timeframe for the contractor selection in the approved plan for selection of contractor. The revisions or cancellation of invitation to submit statement of interest, 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 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 right after the invitation to submit statement of interest, invitation for prequalification applications, E-TBMQT or E-TBMST is successfully published. During the publishing of invitation to submit statement of interest, invitation for prequalification applications, E-TBMQT, E-TBMST, the procuring entity shall attach the following documents:

- Decision on approval for the procuring entity's documents;

- The approved Documents.

The investor or the procuring entity is not allowed to issue the paper documents (EOI request, document on prequalification) to the bidder. In case the investor or the procuring entity issues the paper documents, the paper 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 the approved contents, the procuring entity's documents issued on the System shall be the basis for making and evaluation of the expression of interest, application for prequalification, E-HSQT, E-HSDST.

2. Revisions:

a) Offline selection of contractors: In case of revisions to the EOI request, document on prequalification after being 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, document on prequalification;

- Decision on revisions and EOI request or document on prequalification which has been modified, clearly indicating the revisions.

b) E-selection of contractors: In case of revisions to E-HSMQT, E-HSMST after being issued, the procuring entity shall publish the following documents on the System:

- A decision on revisions, accompanied by the revisions to E-HSMQT, E-HSMST;

- Revised E-HSMQT, E-HSMST.

3. Clarification:

a) A prospective bidder requiring any clarification of the EOI request or 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 the 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, prequalification document, E-HSMQT, E-HSMST may not contravene the approved EOI request, prequalification document, E-HSMQT, E-HSMST. If the procuring entity deems it necessary to revise the EOI request, prequalification document, E-HSMQT, E-HSMST as a result of a clarification, it shall do so following the procedure in Clause 2 hereof in conformity with the timeframe requirement specified in Point m Clause 1 Article 12 of the Law on Procurement.

Article 15. Shortlist

1. Time of publishing:

The procuring entity shall publish the shortlist on the System within 07 working days from the date on which the shortlist is approved.

2. Attachments:

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 progress and timeframe for the contractor selection in the approved plan for selection of contractors. The 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 17. Issuance, revisions and clarification of bidding document, E-HSMT

1. Issuance:

a) During the publishing of invitation to bid, E-TBMT, the procuring entity must attach the following documents:

- Decision on approval for bidding document, E-HSMT;

- Approved bidding document, E-HSMT;

Offline selection of contractors: Bidding documents shall be issued on the System right after the invitation for bid is successfully published; If bidding documents (electronic documents that have been issued on the System) are sold as prescribed in Clause 1 Article 9 of Decree No. 63/2014/ND-CP , the bidder must pay to the procuring entity an amount equal to the price of the bidding documents when submitting bid package. The procuring entity is not allowed to issue the bidding documents in form of the paper documents to the bidder. If the procuring entity issues the paper document, the document does not have its legal validity recognized in order to make and evaluate bid package.

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

2. Revisions:

a) Offline selection of contractors: In case of revisions to the bidding documents after being 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 the bidding documents;

- A decision on revisions and the bidding documents which have been modified, clearly indicating the revisions.

b) E-selection of contractors: In case of revisions to E-HSMT after being issued, the procuring entity shall publish the following documents on the System:

- A decision on revisions, accompanied by the revisions to E-HSMT;

- Revised E-HSMT.

3. Clarification:

a) Offline selection of contractor: A bidder requiring any clarification of bidding documents shall contact with 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 handling;

E-selection of contractor: A bidder requiring any clarification of E-HSMT shall contact with the procuring entity through the System within at least 03 working before the deadline for submission of bids for consideration and handling;

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 may not contravene the bidding documents, E-HSMT which has been approved. 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 in conformity with the timeframe requirement specified in Point m Clause 1 Article 12 of the Law on Procurement and Point c, Clause 2, Article 64 of Decree No. 63/2014/ND-CP;.

d) The procuring entity may hold a pre-bidding convention to discuss any clarification required by bidders where 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 must 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 User Manual.

Article 19. Result of selection of contractor;

1. Time of publishing:

The procuring entity shall publish the result of selection of contractor on the System within 07 working days from the date on which the result of selection of contractors is approved.

2. Attachments:

a) Decision on approval for the result of selection of contractor;

b) A report on evaluation of E-HSDT for e-selection of contractor (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 throughout the issuance of the E-HSMT or the plan for selection of contractors has been published when handling a situation under Clause 8 Article 117 of Decree No. 63/2014/ND-CP, the procuring entity shall update the estimate and attach the decision on approval for the estimate.

3. In case of procurement package, the detailed information on goods provided by the successful bidder, including the list of goods, symbols, description of goods, origin, volume, bid-winning unit price, shall be published.

Article 20. Procedures for publishing information on the System

Procedures for publishing information in Articles 11, 12, 13, 14, 15, 16, 17 and 19 of this Circular shall follow User Manual.

Section 2. RESPONSIBILITIES OF RELATED PARTIES

Article 21. Responsibilities of investors

1. Fulfill responsibilities specified in Clauses 1, 5, 8, 10 and 13 Article 74 of the Law on Procurement.

2. 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.

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

4. Manage and take charge of the distribution of power to the task - specific account corresponding to the role of the investor; manage the use of digital certificates on the System.

Article 22. Responsibilities of the procuring entity

1. Fulfill responsibilities specified in Points a, b, c, d, k Clause 1 and Points a, b, c, dd, e, k Clause 2 Article 75 of the Law on Procurement.

2. Publish information about the foreign contractor who succeeds in bid in Vietnam on the System according to Appendix 7 promulgated together with this Circular. The publishing shall follow the User Manual. The information shall be sent to the Public Procurement Agency affiliated to the Ministry of Planning and Investment within 07 working days from the date of approval for the result of contractor selection as prescribed in Point c Clause 1 Article 128 of Decree No. 63/2014/ND-CP .

3. In case of contract package under international competitive bidding, the procuring entity must publish the information specified in Articles 13, 15, 16, 18 and 19 of this Circular in Vietnamese and English.

4. The procuring entity shall be responsible for the consistency of the documents published on the System with the approved documents. In case there is a discrepancy between the documents published on the System and the approved documents, the documents published on the System shall prevail.

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

6. Manage and take charge of the distribution of power to the task - specific account corresponding to the role of the procuring entity; manage the use of digital certificates on the System.

Article 23. Responsibilities of bidders

1. Apply for participation in the System to be approved according to the regulations of Article 7 of this Circular before the deadline for submission of bids to ensure their eligibility as prescribed at Point d Clause 1 Article 5 of the Law on Procurement

2. Fulfill responsibilities specified in Clauses 1, 2, 3, 4 and 5 Article 77 of the Law on Procurement.

3. Provide and publish information on bidding on the System, take responsibility under Article 80 of the Law on Procurement, Article 7 of Decree No. 63/2014/ND-CP.

4. Manage participation account and digital certificate on the System.

Article 24. 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, ensure that the System operates stably, continuously, safely and securely;

b) Develop User Manuals; support participation organizations in the process of online registration, provision and publishing of information, selection of contractors;

c) Provide communication, training and guidance to the participation organization; perform services related to information on bidding, e-selection of contractor.

d) Cooperate with E-GP project management enterprise in fulfilling responsibilities specified in Clauses 2, 4 and 5 Article 85 of the Law on Procurement.

2. E-GP project management enterprise shall:

a) Fulfill responsibilities specified in Article 85 of the Law on Procurement;

b) Ensure safety of information; security of the System's database;

c) Ensure the integrity of the documents on the System; prevent unauthorized access, illegal substitution of documents;

d) Ensure the safety, security users and manage the profiles of users; ensure that the System has a mechanism to keep track of time and actions on the System;

dd) Develop the System that ensures compatibility with other systems and friendly interface, meets standards in the field of information technology. Develop the System that is convenient and easy to use for users;

e) Have a mechanism for management of the risk of the System. Withstand large information traffic...;

g) Fail to use information about projects, bid packages, contractors, investors, procuring entities and other information on the System to serve other purposes outside of the development and operation of the System;

h) Ensure that the hardware system meets the requirements

The E-GP project management enterprise shall be responsible to the Law for the contents mentioned at points b, c, d, e, g and h of this clause. In case of any error, the e-GP project management enterprise and relevant individuals shall be subject to consideration and sanction according to the regulations of the BOT contract of e-GP project and relevant laws.

3. Vietnam Public Procurement Review Journal shall:

a) Review and detect invalid information as prescribed in Clause 6 Article 3 of this Circular and notify the investor, procuring entity within 01 working day from the time the investor, procuring entity itself publish information on the System. 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 13, 15, 16 and 18 of this Circular for 01 period on the Vietnam Public Procurement Review Journal within 02 working days from the day on which the investor or procuring entity publishes the information itself on the system as prescribed in Clause 3 Article 8 of Decree No. 63/2014/ND-CP.

4. In case of any error in the publishing of information on bidding such as delayed publishing, incorrect contents or intentionally not publishing information, causing damage to procuring entities, bidders and investors, the VPPR Journal must publish public correction in accordance with law on press. Depending on the severity of errors, relevant organizations and individuals of the VPPR Journal will be subject to sanctions in accordance with the Law on officials, public employees and workers and other relevant laws