Circular 08/2022/TT-BKHDT on online bidding

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Circular 08/2022/TT-BKHDT was issued to provide and post information related to bidding and contractor selection on the National Bidding Network System. This Circular is detailed and puts into practice the spirit of the law on bidding in Vietnam, helping to increase transparency and publicity, while minimizing risks and protecting the interests of participating contractors. Bidding. Let's learn more about this Circular in the following article of DauThau.info!

Summary of Circular 08/2022/TT-BKHDT

On May 31, 2022, the Ministry of Planning and Investment issued Circular 08/2022/TT-BKHDT detailing the provision and posting of information on bidding and contractor selection on the Internet. national bidding.
Specifically, information about the contractor selection plan is posted to the System by the investor and the bidding party within 07 working days from the date of approval of the contractor selection plan. The investor and bid solicitor must attach the Decision approving the contractor selection plan during the process of posting the contractor selection plan. Planning for contractor selection for bidding packages under the project is done on the basis of the capital allocation plan for the entire project. It is not required to plan for contractor selection according to each year's capital plan.
In addition, the roadmap for applying online contractor selection in 2022 is to organize online contractor selection for 100% of bidding packages applying open bidding and competitive bidding in the commodity sector. , non-consulting service fees, consulting services with a bidding package value of not more than 10 billion VND and in the construction field with a bidding package value of not more than 20 billion VND, except for mixed bidding packages and bidding packages applying the bidding method. two-stage one-envelope formula, two-stage two-envelope formula. Ensure that the total number of online bidding packages in the year reaches at least 80% of the number of bidding packages and at least 70% of the total value of bidding packages,...
In addition, by 2023, organize online contractor selection for 100% of bidding packages applying open bidding, limited bidding, and competitive bidding in the fields of goods, construction, and non-commercial services. Consulting and consulting services have a bidding package price of no more than 200 billion VND, except for mixed packages and bidding packages applying the two-stage, one-envelope method, two-phase, two-envelope method,...

6 new points of Circular 08/2022/TT-BKHDT

Below are 6 new points of Circular 08/2022/TT-BKHDT that you need to understand to make your business's bidding work better, specifically:

1. Issue new regulations on some forms of bidding documents

Pursuant to Article 4 of Circular 08/2022/TT-BKHDT, there are regulations on a number of new bidding document templates to replace the old bidding document templates, specifically:

- The bidding document form (Form No. 02) used for goods procurement bidding packages in Circular 05/2015/TT-BKHDT is replaced by:
  + Form No. 2A is used to prepare the E-HSMT using the form of open bidding, limited bidding, and competitive bidding according to the one-stage, one-envelope method.
   + Form No. 2B is used to prepare the E-HSMT using the form of open bidding and limited bidding according to the one-stage, two-envelope method.
   + Form No. 6A is used to prepare an E-Bidding evaluation report according to process 01 specified in Point a, Clause 1, Article 32 of this Circular for bidding packages of non-consulting services, goods procurement, and construction and installation by method. one stage, one envelope;
   + Form No. 6B is used to prepare an E-Bidding evaluation report according to process 02 specified in Point b, Clause 1, Article 32 of this Circular for non-consulting service bidding packages, goods procurement in a one-phase method. a file bag;
Form No. 6C is used to prepare an E-Bidding evaluation report for bidding packages of non-consulting services, goods procurement, and construction according to the one-phase, two-envelope method.

2. New regulations on annual financial reporting data updated from the Electronic Tax System and National Information System

According to Article 11 of Circular 08/2022/TT-BKHDT, information about the contractor's capacity and experience includes:

• General information about the contractor;
• Data on annual financial reports;
• Information about completed and ongoing contracts;
• Information about key personnel;
• Information about machinery and equipment;
• Information about the contractor's reputation.

In case the financial report data on the System has been updated from the Electronic Tax System and National Business Registration Information System, the contractor is not required to declare financial report data.

For financial report data from 2021 onwards, in case the contractor discovers that the System has not updated the data compared to the Electronic Tax System, the contractor will amend it to suit the data reported to the agency. tax customs, the system will save modified versions of the contractor's information.

3. Paper invitation documents, prequalification documents, and bidding documents have no legal value

According to Article 14 of Circular 08/2022/TT-BKHDT, there are specific regulations on the issuance, amendment, and clarification of invitation for expression of interest documents, invitation for prequalification documents, E-HSMQT, E-HSMST, specifically: "Investors and bid solicitors are not allowed to issue paper copies of the invitation for expression of interest or pre-qualification documents to contractors. In case the investor or bid solicitor issues paper copies to contractors, the paper copies will not be available. legal value to prepare and evaluate applications of interest and applications for prequalification".

4. New regulations on sales licenses for specific goods

Article 27 of Circular 08/2022/TT-BKHDT provides specific regulations on sales licenses for specific goods, specifically: "Sales licenses for specific, complex goods need to be associated with Manufacturer's responsibility in providing after-sales services. Contractors lacking this document will still be considered, evaluated, and approved to win the bid, just need to present this document before signing the contract."

5. New regulations on bidding documents (E-HSMT)

According to Article 29 of Circular 08/2022/TT-BKHDT stipulates: "In case the E-HSMT requires a commitment or principle contract for equipment rental, main material supply, warranty, maintenance, repair, If the E-Bidding Document is not attached to the E-Bidding Document, the bid solicitor will request the contractor to clarify the E-Bidding Document and supplement the documents within an appropriate period of time but not less than 03 working days.
According to Article 30 of Circular 08/2022/TT-BKHDT stipulates: "The bidding party allows the contractor to clarify, change, and supplement key personnel to meet the requirements of the E-HSMT if the contractor's personnel declare declared in the E-Bidding Document does not meet the requirements, allowing a period of not less than 3 working days. For each unresponsive employee, the contractor can only be replaced once.
For similar contracts, the Contractor may additionally clarify the E-bid if it does not meet the request for clarification of the bidding party, allowing an appropriate period of time but not less than 03 working days.

6. Termination of old Circulars

According to Article 39 of Circular 08/2022/TT-BKHDT, there are regulations on terminating old Circulars. Starting from the effective date of this Circular, the following Circulars will cease to be effective:

• Circular No. 01/2015/TT-BKHDT dated February 14, 2015 of the Minister of Planning and Investment detailing the preparation of invitation for expression documents, bidding documents, and request for consulting services;
• Circular No. 03/2015/TT-BKHDT dated May 6, 2015 of the Minister of Planning and Investment detailing the preparation of bidding documents for construction and installation:
• Circular No. 05/2015/TT-BKHDT dated June 16, 2015 of the Minister of Planning and Investment detailing the preparation of bidding documents for procurement of goods;
• Circular No. 14/2016/TT-BKHDT dated September 29, 2016 of the Minister of Planning and Investment detailing the preparation of bidding documents for non-consulting services;
• Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Minister of Planning and Investment providing detailed regulations on contractor selection through the National Bidding Network System;
• Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of the Minister of Planning and Investment detailing the preparation of bid evaluation reports for bidding packages for which the above contractor selection organization is organized National bidding network system;
• Circular No. 11/2019/TT-BKHDT dated December 16, 2019 of the Minister of Planning and Investment detailing the provision and posting of information on bidding, roadmap for applying contractor selection through network and manage and use the value of bid security and non-refundable contract performance security;
• Circular No. 05/2020/TT-BKHDT dated June 30, 2020 of the Minister of Planning and Investment amending and supplementing a number of articles of Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment detailing the selection of contractors through the National Bidding Network System.

You can refer to some more articles about Circular 08/2022/TT-BKHDT of DauThau.info to better understand, specifically:

• Latest Circular 08 of the Ministry of Planning and Investment on online bidding
• Note the prohibited contents when developing Bidding Documents according to Circular 08
• 05 samples of online bidding documents according to Circular 08/2022/TT-BKHDT

Above is the information about Circular 08/2022/TT-BKHDT that DauThau.info has shared with you. If you have bidding situations that need answering or need to buy software packages to "hunt" bids quickly and easily, please contact DauThau.info immediately via:

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