New Regulations on Open Bidding according to the Bidding Law 2023

Thursday, 14 September 2023 9:35 AM
Open bidding is a popular form of bidding and is chosen by many businesses. So according to the Bidding Law 2023, how is open bidding regulated? We invite you to follow the article below from DauThau.info!
New Regulations on Open Bidding according to the Bidding Law 2023
New Regulations on Open Bidding according to the Bidding Law 2023

Nhấn VÀO ĐÂY để chuyển bài viết sang bản tin tiếng Việt

1. What is open bidding?

As stipulated in Clause 1, Article 21 of the Bidding Law 2023, Open Bidding is understood as follows:
Article 21. Open bidding
1. Open bidding is a form of contractor selection in which the number of participating contractors is not limited.
Thus, it can be simply understood that open bidding is a form of contractor selection with no limit on the number of participating contractors. You can participate in bidding for bidding packages carried out in the form of open bidding without worrying about being limited in the number of participating contractors.
open bidding
The bidding package is implemented in the form of open bidding
The form of open bidding under the 2023 Bidding Law has some additions and minor changes compared to the 2013 Bidding Law regarding the need to state reasons and take responsibility for not applying open bidding (Clause 2, Article 21)

2. Which bidding packages are subject to open bidding?

According to the provisions of Clause 2, Article 21 of the Bidding Law 2023, regulations on bidding packages that are subject to open bidding are as follows:

2. Open bidding is applied to all bidding packages, except for the cases specified in Articles 22, 23, 24, 25, 26, 27, 28 and 29 of this Law. In case of not conducting open bidding, the document submitting the contractor selection plan must clearly state the reason for not conducting open bidding; person with authority to decide and responsible for not applying open bidding.

Thus, all bidding packages can apply open bidding, except for cases where bidding packages apply the following forms:
  • Limited bidding
  • Appoint contractors
  • Competitive offers
  • Shop directly
  • Do it yourself
  • Participate in community implementation
  • Price negotiation
  • Select contractors in special cases

3. How is the open bidding process regulated?

According to the provisions of Clause 1, Article 43 of the Bidding Law 2023, the open bidding process is prescribed as follows:

1. Process and procedures for selecting contractors for open bidding and limited bidding include the following steps:
a) Prepare to select contractors;
b) Organize contractor selection;
c) Evaluate bid documents;
d) Negotiate contracts for bidding packages to provide consulting services.
For bidding packages for procurement of goods, construction, and provision of non-consulting services applying international bidding, mixed bidding packages and bidding packages with high technical requirements, if necessary, the bidding party may negotiate a contract with the first ranked contractor;
d) Submit, appraise, approve, and publicize the contractor selection results and explain the reason the contractor did not win the bid according to the contractor's request (if any);
e) Complete, sign and manage contract implementation.

Thus, for open bidding, the contractor selection process is carried out in 6 steps as follows:

Step 1: Prepare to select a contractor. In this step, the bidding party needs to prepare bidding documents (Bidding Documents) and appraise and approve the Bidding Documents. Once completed, the bidding documents need to be evaluated before approval.

Step 2: Organize contractor selection. The bidding party shall post the notice inviting bids on the national bidding network system. Then, based on the requirements of the bidding documents, the contractor prepares and prepares the bidding documents and submits them to the bidding party.

Step 3: Evaluate bids. At the end of the bid submission time, the bid solicitor will close the bid. Within 01 hour from the bid closing time, the bid solicitor and the expert team will publicly open the bid and evaluate the bid. After that, the expert team will evaluate the bids and prepare a report to send to the bidding party for consideration.

Step 4: Negotiate the contract for the bidding package to provide consulting services.

*** Note: For bidding packages for procurement of goods, construction, and provision of non-consulting services, international bidding, mixed bidding packages and bidding packages with high technical requirements, if necessary, apply. , the bidding party can negotiate a contract with the first ranked contractor;

Step 5: Submit, appraise, approve, and publicize the contractor selection results and explain the reason the contractor did not win the bid according to the contractor's request (if any);

Step 6: Complete, sign and manage contract implementation.
 
đấu thầu
Open bidding (illustration)

4. 03 common situations in open bidding

During the customer care process, DauThau.info receives many questions from contractors about issues surrounding open bidding. Below are some of the most prominent questions.
 

1. Incurring costs with open bidding consulting packages, what should I do?

The contractor asked: I am the contractor who won the bid for the public bidding consulting package. Now that costs over 500 million are incurred, how should they be handled? Is it allowed to appoint contractors?

DauThau.info answers: In case costs arise, depending on the situation, additional contract negotiations will be carried out. If not, form a new bidding package with the amount of work and costs incurred.
 

2. Is the event organization bidding package using open online bidding? Is the event location assigned?

The contractor asked: I have a bidding package of over 1 billion to organize a scientific conference event, open public bidding online and designate the venue as hotel X. So is the appointment of the venue incorrect? Are you going to bid?

DauThau.info answers: The implementation of location designation is acceptable, as long as the event location designation involves multiple contractors participating in providing event organization services at location X.

3. What bidding method should be used for exclusive brand clothes?

Contractor asks: For clothes of exclusive brands, what form of bidding should be used?

DauThau.info answers: Whether the goods are exclusive or not is not related to which form of bidding is applied, the bidding documents cannot/are not allowed to clearly state that brand, but based on the scale and nature of the package. Bidding to apply appropriate form, can be open bidding/competitive offering, limited bidding,...

Above is DauThau.info's sharing about open bidding under the Bidding Law 2023. We hope to support your business in the research process.

If you need support in using bid hunting software and answering bidding situations, please contact DauThau.info via:

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