FTA

Circular 15/2022/TT-BKHDT on the preparation of bidding documents for construction and installation under CPTPP, EVFTA, UKVFTA

30/06/2022    37

Issuing date: 30/06/2022.

Issuing authority: Ministry of Planning and Investment.

On 30 June 2022, the Minister of Planning and Investment promulgated Circular 15/2022/TT-BKHDT detailing the preparation of Bidding Documents for bidding packages within the scope of the CPTPP, the EVFTA, and the UKVFTA which is organized for competitive bidding by the single-stage one-envelope bidding procedure or the single-stage two-envelope bidding procedure.

Specifically, when preparing, appraising and approving the bidding documents, the procuring entity must base their consideration on the scale and nature of each specific bidding package to make appropriate requirements on the basis of ensuring the principle of competition, fairness, transparency and economic efficiency.

The procuring entity cannot introduce conditions to limit the participation of bidders or to create advantages for one or several bidders which causes unfair competition; does not require a bidder who has entered into one or more contracts with a procuring authority of a particular country or territory, or that the bidders have experience in providing services in the territory of that country, territory as the criterion for the exclusion of bidders.

In addition, in case there are any amendments to the provisions stated in the Bid Documents Form, the organization or individual who prepares, appraises and approves the Bid Documents must ensure that such modification is more rigorous than the provisions in the Bid Documents Form and not contrary to the CPTPP, the EVFTA and the UKVFTA. The written request for approval of the Bid Documents must clearly state the revised contents compared with those specified in the Bids and the reasons for modification so the investor can consider and decide.

The Circular (in Vietnamese) is attached below:

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