On September 30, 2022, the Ministry of Planning and Investment issues Circular No. 20/2022/TT-BKHDT providing in detail the making of bidding dossiers for bidding packages to provide consultancy services.
This Circular provides in detail the making of bidding dossiers for bidding packages to provide consultancy services:
- The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (below referred to as the CPTPP Agreement);
- The Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland (below referred to as the UKVFTA);
- The Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (below referred to as the EVFTA).
Within that, making, appraisal, and approval of bidding dossiers:
- Depending on the scale and nature of each bidding package, the bid solicitor may set appropriate requirements, ensuring the principles of competition, equality, transparency, and economic efficiency. The bidding dossier must fully comprise necessary information as a basis for contractors to prepare bid dossiers;
- The bid solicitor may not set conditions to limit the participation of contractors or to create advantages for one or several contractor(s), thus causing unfair competition;
- May not set a requirement that contractors must be those having previously concluded and performed one or several contract(s) with the procurement authority of a particular country or territory, or that contractors must have experience in providing services in the domain of such country or territory as a criterion for eliminating contractors;
- In case of modifying the form of the bidding dossier, an organization or individual that makes, appraises, or approves the bidding dossier shall ensure that the modified contents are more stringent than those stated in the form of the bidding dossier and not contrary to the Agreement,
A written request for approval of the bidding dossier must clearly state the modified contents against those stated in the form of the bidding dossier and the reason(s) for such modification for the project owner to make consideration and decision.
This Circular takes effect on November 20, 2022.