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Question: Hello, Lawyer. Now, I am the investor of a project with a part of state capital and am learning about the bidding law. According to research, I find that online bidding is an increasingly popular form of bidding today, but I do not know the procedures for implementing online bidding. Therefore, I hope you answers my questions. I'd like to thank you. I wish you a lot of health.
Answer: Hi. Thank you for your question. Gattaca Law would like to advise as follow:
1. What is online bidding?
2. Process of contractor selection online
THE ONLINE BIDDING PROCEDURES BY LASTEST REGULATION
THE ONLINE BIDDING PROCEDURES BY LASTEST REGULATION
Question: Hello, Lawyer. Now, I am the investor of a project with a part of state capital and am learning about the bidding law. According to research, I find that online bidding is an increasingly popular form of bidding today, but I do not know the procedures for implementing online bidding. Therefore, I hope you answers my questions. I'd like to thank you. I wish you a lot of health. Answer: Hi. Thank you for your question. Gattaca Law would like to advise as follow: 1. What is online bidding?According to the Government's Decision No. 1402/QD-TTg on overall approval and roadmap for online bidding for the period 2016 - 2025, the Government has made it very clear: "Online bidding is an important component of e-government, through the application of information and communication technology to the interaction process between stakeholders including: Investors/bid solicitors, contractors, supervisory agencies, state management agencies, service providers, civil society organizations in public procurement activities and contract performance management in order to improve the state management capacity , effectively using the state budget, contributing to socio-economic development, reforming administrative procedures, increasing the publicity, transparency, competition and economic efficiency of bidding work; help prevent and combat corruption effectively."
2. Process of contractor selection onlineThe process of selecting contractors online is detailed in Circular 04/2017 / TT-BKHDT detailing the selection of contractors through the National Bidding Network System. To the scope of this article, we would like to detail the process of selecting contractors over the network in a one-stage method, others will be applied similarly and may differ a few points depending on the implementation of each method.
Details of the process of selecting contractors over the network by one-stage method of one dossier bag are as follows:
Step 1: Prepare to select contractors
At this step, the bid solicitor will proceed to make an E-HSMT by logging into the system and selecting the corresponding items to make the Bid. The composition of E-HSMT has been specified in Article 9 of this Circular. After making the E-Bid, the bid solicitor shall print out the dossier for submitting it to the investor for consideration, and then conduct the appraisal and approval. In summary, in this step, the bid solicitor needs to ensure that the E-HSMT content on the system must match the one approved by the investor.
Step 2: Organize the selection of contractors
After completing the E-HSMT, the bid solicitor will post the E-TBMT and simultaneously release the E-HSMT. The posting of E-TBMT and E-HSMT is based on detailed instructions on the National Bidding Network System.
In case the E-Bid needs to be amended and clarified, the bid solicitor needs to log in and edit directly on the national bidding network system with the approval of the investor. In addition, the bid solicitor needs to post the amended decisions together with the amended contents to the system
After the contractors have completed submitting E-HSDT on the system and the bid submission period ends, the bid solicitor will log in to the system and select the procurement to be opened at the E-TBMT number. After that, the bid solicitor will decrypt the E-HSDT of the participating contractors. The bid opening must be completed within 2 hours from the time of bid closure.
Step 3: Evaluate E-HSDT and rank contractors
The Bid Solicitor shall log in to the system and proceed to download the E-HSDT of contractors to organize the evaluation and ranking. The assessment and ranking shall comply with the provisions of the Law on Bidding 2013, Decree No. 63/2014/ND-CP and the assessment criteria stated in the E-HSMT.
Step 4: Negotiate contracts, present, appraise, approve and publicize contractor selection results
The negotiation of contracts, presentation, approval and publicity of contractor selection results must comply with the provisions of Decree No. 63/2014/ND-CP
After the result of contractor selection is approved, the bid solicitor shall post information on the contractor selection result to the system, including information: Information on procurements, contractors who have won bids and decisions approving contractor selection results.
Step 5: Finalize and sign the contract
Bid solicitors and contractors shall complete the conclusion of contracts based on the provisions of the Law on Bidding and other relevant provisions of law.
Above is Gattaca Law's advice on your question. To be able to better understand your case, please contact:
Gattaca Law Firm
Address: No. 32 Nguyen Dinh Hoan Street, Nghia Do Ward, Cau Giay District, Hanoi City
Hotline: 0243.204.1777 – 090.1763.379
Website: gattacalaw.vn
Director - PhD, Lawyer Nguyen Thanh Nam
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