PROCEDURES FOR SELECTION OF CONTRACTORS ONLINE

1. In which case the contractor selection procedure is carried out on the national bidding network system?

Article 60 of the Law on Bidding 2013 stipulates that when selecting contractors online, the following cases are performed on the national bidding network system:

- Posting information on bidding according to the provisions of Article 8 of the Law on Bidding 2013;

- Posting dossiers of invitation for expression of interest, dossiers of invitation for pre-qualification, bidding documents, dossiers of requirements;

- Submit bid guarantee, contract performance guarantee, joint venture agreement;

- Submitting and withdrawing dossiers of expression of interest, dossiers of pre-qualification, bid dossiers, dossiers of proposals;

- Bid opening;

- Evaluation of dossiers of expression of interest, dossiers of pre-qualification, bid dossiers, dossiers of proposals;

- Contract signing and payment;

- Other relevant content.

2. Online contractor selection process

Article 88 of Decree 63/2014/ND-CP, guided by Chapter II, Chapter III of Circular 04/2017/TT-BKHDT, includes the process of online contractor selection under the one-stage, one-envelope method. documents and the process of selecting contractors online according to the one-stage two-envelope method.

For the online contractor selection process under the one-stage one-envelope method, the process is carried out in the following order:

- Preparation of contractor selection including E-HSMT preparation and E-HSMT appraisal and approval.

The Procuring Entity shall prepare the E-HSMT by logging in to the System, then select the item "Goods" or "Construction" or "Non-consulting Services" respectively to prepare the E-HSMT.

After completing the E-HSMT, the bid solicitor prints the dossier and submits it to the investor and organization for appraisal and approval. The bid solicitor must be responsible for the consistency between the content of the E-HSMT on the System and the version approved by the investor.

- Organize contractor selection:

• E-TBMT posting and E-HSMT issuance: E-TBMT posting and E-HSMT issuance are done according to the instructions on the National Procurement Network.

The minimum time to prepare E-HSDT is 10 days for bidding packages applying open bidding and 05 working days for bidding packages applying competitive offers according to the normal process, from the first date of posting E-TBMT on the System.

• Modifying and clarifying E-HSMT: In case it is necessary to amend the E-HSMT, the bid solicitor can log in and edit it directly on the System after obtaining the approval of the content of the investor and the bidding party must post the decision to amend the E-HSMT (together with the revised contents). Amendments must be made at least 03 working days before the bid closing time; if the above time is not guaranteed, the bid closing time must be extended.

In case it is necessary to clarify the E-HSMT, the contractor shall send a request for clarification to the bid solicitor through the System at least 03 working days before the bid closing date for consideration and handling. E-HSMT clarification content is uploaded to the System by the bidding party.

• Submission of E-HSDT: Bidders only submit one set of E-HSDT for each E-TBMT when participating in online contractor selection. In the case of the joint venture, the leading member of the joint venture (representative of the joint venture) or the member assigned in the joint venture agreement shall submit the E-HSDT.

• Bid opening: At the time of bid opening, the bid solicitor logs into the System and selects the bidding package to be opened by number E-TBMT. Then, the bid solicitor deciphers the E-HSDT of the participating bidders.

The bid opening must be completed within 02 hours from the time of bid closing.

- Evaluation of E-HSDT, ranking of contractors: The bid solicitor logs into the System and downloads the E-HSDT of bidders to organize the evaluation. The evaluation of E-HSDT is carried out under the provisions of the Law on Bidding, Decree No. 63/2014/ND-CP and the evaluation criteria stated in the E-HSMT.

- Negotiate contracts, submit, appraise, approve and publicize contractor selection results.

- Publicize the results of contractor selection, finalization, and contract signing.

The method of offering according to the shortened process in Section 2 Chapter II of Circular 04/2017/TT-BKHDT is as follows:

- Prepare and approve E-HSMT

The process of making and approving the E-HSMT is carried out under the provisions of Article 10 of Circular 04/2017/TT-BKHDT. The investor does not need to organize an appraisal when approving the E-HSMT.

- Announcement and issuance of E-HSMT

Notice and issuance of E-HSMT comply with the provisions of Article 11 of Circular 04/2017/TT-BKHDT. The minimum time to prepare E-HSDT is 03 working days from the first day of issuing E-TBMT to the System.

- Amendment and clarification of E-HSMT, submission of E-Proposal, and bid opening

- Evaluate E-HSDT, negotiate, appraise, approve contractor selection results, finalize and sign contracts

The evaluation of E-Proposals, contract negotiation, appraisal, and approval of bidding results shall comply with the provisions of Article 59 of Decree No. 63/2014/ND-CP.

The online contractor selection process follows the one-stage two-envelope method: this process is similar to the one-stage one-envelope method, specifically as follows:

- Preparation of contractor selection, including E-HSMT preparation and E-HSMT appraisal and approval.

- Organize contractor selection, including:

• Notice inviting bids and issuance of E-HSMT;

• Amend and clarify E-HSMT;

• Submit E-HSDT;

• Open E-HSDXKT.

- Evaluating the Technical Proposal, submitting, appraising, and approving the list of bidders meeting the technical requirements.

- Open the E-HSDXTC.

- Evaluation of the E-HSDXTC and rating of contractors.

- Negotiate contracts, submit, appraise, approve and publicize contractor selection results.

- Finalize and sign the contract.

ADK & Co Vietnam Lawyers Law Firm