The Latest Principles for Correcting Errors in Bidding Documents

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How are the principles for correcting errors in bidding documents regulated?

According to Clause 1, Article 29 of Decree 24/2024/ND-CP, error correction involves correcting mistakes in bidding documents, including arithmetic errors and other errors, according to the following principles:

• Arithmetic errors include those caused by incorrect calculations of addition, subtraction, multiplication, or division when calculating the bid price. For fixed unit price contracts, adjustable unit price contracts, time-based contracts, cost-plus-fee contracts, outcome-based contracts, and percentage contracts, in case of inconsistency between unit price and total amount, the unit price shall be used as the basis for error correction; if an abnormal difference in the unit price is detected due to decimal errors (10 times, 100 times, 1,000 times), the total amount shall be used as the basis for error correction.

• In cases where the total value of items is incorrect due to errors in adding or subtracting the values of the items, the value of the items shall be used as the basis for error correction.

• In case of inconsistency between the bid price in numbers and the bid price in words, the bid price in words shall be used as the basis for error correction, except where the price in words is meaningless; in case the bid price in words contains arithmetic errors, the bid price in numbers shall be used as the basis for error correction after being verified (if any) according to points a and b, clause 1, Article 29 of Decree 24/2024/ND-CP.

• Where the total amount column has been filled with values but the corresponding unit price is missing, the unit price shall be determined by dividing the total amount by the quantity; where there is a unit price but the total amount column is empty, the total amount shall be determined by multiplying the quantity by the unit price; if any content has a unit price and total amount but the quantity is empty, the quantity shall be determined by dividing the total amount by the unit price for that content.

• If the quantity determined according to this principle differs from the quantity specified in the bidding documents, the difference shall be adjusted according to the scope of supply as regulated in clause 2, Article 29 of Decree 24/2024/ND-CP, except for construction packages applying lump-sum contracts.

• Unit conversion errors: Correct to match the requirements of the bidding documents.

Regulations on Checking and Evaluating Bidding Documents

According to Article 30 of Decree 24/2024/ND-CP, the checking and evaluating of bidding documents are specified as follows:

Checking the Validity of Bidding Documents

• Check the components of the bidding documents including: bid form; joint venture agreement (if any); authorization letter from the legal representative of the bidder (if any); bid security; number of original and copy bidding documents.

• Check the consistency of content between the original and copies to serve the detailed evaluation of the bidding documents.

Evaluating the Validity of Bidding Documents

• The bidder's bidding documents are considered valid when they meet all the regulations specified in clause 3, Article 24 of Decree 24/2024/ND-CP, specifically: “If the similar contract proposed by the bidder in the bidding documents does not meet the requirements, the inviting party shall request the bidder to supplement or replace it with another similar contract for evaluation within a reasonable time.”

• Bidders with valid bidding documents are considered for evaluation of their capacity and experience.

Evaluating Capacity and Experience

• Evaluation of capacity and experience is carried out according to the evaluation criteria specified in the bidding documents.

• Bidders with adequate capacity and experience meeting the requirements are considered for technical evaluation.

For procurement packages, individual bidders or groups of individuals bidding innovative products must meet the regulations in clause 4, Article 5 of Decree 24/2024/ND-CP, specifically: “4. Innovative products of Vietnamese origin shall enjoy preferences as specified in clause 3 of this Article when meeting one of the following conditions:

a) Products are in the list of high-tech products prioritized for development or the list of high-tech products encouraged for development as decided by the Prime Minister;

b) Products formed from scientific and technological research results of scientific and technological enterprises as regulated by the law on scientific and technological enterprises;

c) Products created based on inventions, layout designs of semiconductor integrated circuits, plant varieties of the bidder granted protection titles within not more than 5 years from the date of issuance, or the bidder's computer programs within not more than 5 years from the date of copyright registration;
d) Semiconductor chips;

đ) New products created from research and development results at one of the National Innovation Center facilities;

e) New products created from scientific research and technology development results as regulated by the law on technology transfer.

g) Sản phẩm mới tạo ra từ kết quả nghiên cứu khoa học và phát triển công nghệ theo quy định của pháp luật về chuyển giao công nghệ.

Innovative products as specified in this clause shall enjoy preferences for 6 years from the first production and sufficient conditions for market entry,” without having to meet some criteria specified in clause 3, Article 9 of Decree 24/2024/ND-CP.

Evaluating Technical and Financial Aspects

• Technical evaluation is carried out according to the criteria and evaluation methods specified in the bidding documents.

• Bidders meeting the technical requirements are considered for financial evaluation using the lowest price or evaluated price method. bidders with the lowest bid price after error correction and adjustment (if any) minus the discount value (if any) (for the lowest price method) or the lowest evaluated price (for the evaluated price method) are ranked first. Discounts not disclosed in the bid opening minutes shall not be considered for evaluation.

If only one bidder meets the technical requirements, ranking of bidders is not required. The investor is not required to approve the ranking list of bidders.

Thus, DauThau.info has shared with your enterprise the information related to the principles for correcting errors in the latest bidding documents. We hope these insights will be helpful during your exploration.

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