What Documents Should bidders Prepare When Invited for Document Verification?

Sunday, 16 June 2024 10:31 AM
The process outlined in the 2023 Bidding Law and Decree 24/2024/ND-CP does not specify a step for document verification. However, in the bidding document templates, there is a step for inviting document verification. So, what documents should bidders prepare when invited for document verification? Let's explore this with DauThau.info!
What Documents Should bidders Prepare When Invited for Document Verification?
What Documents Should bidders Prepare When Invited for Document Verification?

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What is Document Verification?

A close look at the 2023 Bidding Law and Decree 24/2024/ND-CP reveals no specific regulations regarding document verification. The 2023 Bidding Law only mentions it in the context of collusion when a bidder intentionally fails to conduct document verification (point c, clause 3, Article 16):

c) bidders and investors with the capacity and experience who participated in the bid and met the requirements of the bidding documents but intentionally did not provide documents to prove their capacity and experience when requested by the inviting party to clarify the bid dossier or when requested for document verification to create conditions for one party to win the bid.

Or in clause 1, Article 18 of Decree 24/2024/ND-CP:

Điều 18. Information on contract performance results of bidders and the quality of goods used
1. Except in cases where the bidder is simultaneously ranked first in multiple packages or due to force majeure, the bidder is evaluated for credibility in participating in bids when performing the following acts:a) The bidder does not conduct or refuses to verify documents or negotiate contracts (if any) during the validity period of the bid dossier or proposal dossier when invited for document verification or contract negotiation (if any);
b) The bidder has verified documents or negotiated contracts (if any) but refuses or does not sign the contract negotiation minutes, except as stipulated in clause 8, Article 43 of this Decree.

Thus, document verification is the act where the inviting party compares the hard copy documents of the bid dossier with the documents declared and uploaded by the bidder on the national bidding network system. In most cases, bidders with matching documents will be approved to win the bid.

Bidders are Obligated to Provide Documents for Verification

When invited for document verification, bidders must be ready to provide documents that match the information declared in the E-Bid Dossier (E-HSDT) and for the investor to archive. bidders invited for document verification must submit a set of documents proving eligibility, capacity, and experience to the inviting party to verify against the information declared in the E-HSDT.
Bidders with the capacity and experience who participated in the bid and met the requirements of the bidding documents but intentionally did not provide documents to prove their capacity and experience when requested by the inviting party to clarify the E-HSDT or when requested for document verification to create conditions for one party to win the bid is an act prohibited in bidding.

what documents should bidders prepare when invited for document verification1
What Documents Should bidders Prepare When Invited for Document Verification

The documents to be prepared when invited for document verification include:

  • The original bid security (for cases using a letter of guarantee or insurance certificate in paper form) or cash or certified check as stipulated in the bidding documents;
  • For bidders who have updated tax figures on the system from 2021 onwards (not auto-extracted by the system), documents proving tax declaration and payment obligations for the most recent year that match the bidder's tax figures on the electronic tax system. If the bidder's figures are auto-extracted by the system from the electronic tax system, no additional proof documents are required;
  • Documents proving similar contracts declared and attached in the E-HSDT (contracts, acceptance minutes, liquidation, invoice information according to legal regulations, etc.); documents proving production capacity (for bidders who are manufacturers);
  • Documents proving the ability to mobilize personnel, degrees, and certificates of the personnel declared in the E-HSDT;
  • Other documents (if any).
*** Note:
  • For centralized procurement applying bidder selection based on supply capacity, the bidders invited for document verification are those ranked from low to high, ensuring the total quantity of goods offered by the bidders is not less than the quantity of goods stated in the E-Bidding Documents (E-HSMT).
  • For tax figures and revenue from 2021 onwards that the bidder self-updates, if they do not match the figures on the electronic tax system leading to distorted bidder selection results, the bidder will be disqualified and considered fraudulent.

What Penalties Apply if Bidders Refuse or Fail to Verify Documents?

Bidders who do not conduct or refuse to verify documents within 5 working days from receiving the document verification invitation notice, or who have verified documents but refuse or do not sign the document verification minutes, except in force majeure cases, will face:
  • Forfeiture of bid security;
  • Being listed on the system and having their account locked for 6 months from the date the Procurement Management Department of the Ministry of Planning and Investment receives the investor's written request.

The above article analyzes document verification in bidding. We hope it is useful for interested bidders and inviting parties. For support in providing software solutions related to the bidding sector, please contact:

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