Bidding is a method of selecting the right contractor to perform a particular job. Besides, bidding is also a method of selecting the right contractor to perform a particular job. So what are the characteristics of bidding activities according to current regulations? Then, let’s find out with Lawyer X!
Legal grounds
– Commercial Law 2005
– Bidding Law 2013
Consulting content
Features of bidding activities
Procurement is a complex set of economic and legal relationships
From an economic perspective, this is an objective demand in a market economy. When an entity needs to purchase goods; use the service, but there are many entities capable of providing that need.
From a legal perspective, then the limitation of scope and subjects of regulation in the 2005 Commercial Law and the 2013 Bidding Law; bidding for goods and services is a commercial activity; has the characteristics of a typical commercial operation:
– Bidders are qualified traders;
– Besides, the bidder’s objective is towards profit.
– Then, the bid solicitor can establish a goods sale and purchase contract; use the service with their best conditions.
Bidding is a pre-contract stage
Bidding activities are always associated with goods purchase and sale relations; service provision. In the economy, bidding does not take place as an independent activity, it only appears when people need to purchase goods and use services.
The ultimate purpose of bidding is to help the bid solicitor find an entity capable of providing goods; The best quality service at the most reasonable price. After the bidding process is completed; then the bid winner will negotiate with the bidding organizer to sign the goods sale and purchase contract; provide services or construction works.
Subjects participating in the bidding relationship for goods and services.
According to the 2005 Commercial Law, third parties may appear in bidding activities such as consulting companies to help prepare bidding documents; experts help evaluate bids. However, this is an unmediated operation; there are no traders doing goods bidding services; services for other traders receive remuneration.
Meanwhile, the Law on Bidding 2013 has more regulations on professional bidding organizations including bidding agents; a non-business unit established with the function of performing professional bidding. The establishment and operation of bidding agents shall comply with the provisions of the law on enterprises. A bidding relationship is always established between a bid solicitor and many bidders. But there are exceptions such as in the case of the appointment of a contractor.
The legal form of the bidding relationship
The legal form of the bidding relationship is goods, services bidding documents, and bidding documents. A bidding document is a legal document prepared by the bid solicitor, containing all technical, financial, and commercial requirements of goods to procure and services to use. The bid documents show the capacity and responsiveness of the bidders to the requirements in the bidding documents.
About the price of the bidding package
From a price point of view, it is necessary to have price control in bidding; called the bid package price or the estimate – given by the bid solicitor according to the financial ability of the bid solicitor. If a bidder offers a price higher than the financial ability of the bid solicitor, it is unlikely to win the bid no matter how good it is. The bidder that meets the requirements of the bid solicitor with the lower the price will have a better chance of winning.
Conditions for issuance of bidding documents and dossiers of requirements
According to Article 7 of the Law on Bidding 2013:
In case of contractor selection
Bidding documents and dossiers of requirements of a bidding package may only be released for contractor selection when the following conditions are fully satisfied:
– The approved contractor selection plan;
– Besides, bidding documents; approved dossier of request includes requirements on bidding procedures; Tender data sheet; evaluation criteria; bid form; volume table of invitation for bids; requirements on progress, technique, and quality; general and specific conditions of the contract; sample contract documents and other necessary contents;
– Then, notice of invitation to bid; notices of solicitation of offers or shortlists are posted by this Law;
– After that, funds for the bidding package shall be arranged according to the bidding package’s implementation schedule;
– Content, list of goods; services and estimates approved by an authorized person in the case of regular procurement; centralized shopping;
– Lastly, ensure the handover of the construction site according to the schedule of implementation of the bidding package.
Case of investor selection
Bidding documents; The project’s request dossiers shall only be released for investor selection when the following conditions are fully satisfied:
– Above all, projects on the list of projects issued by the ministry; ministerial-level agencies; government agencies; Provincial People’s Committees; announced by the central-affiliated city by the law or the project proposed by the investor;
– Secondly, approved investor selection plan;
– Thirdly, bidding documents, dossiers of requirements are approved;
– Similarly, bidding notices or shortlists posted by this Law…
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Frequently asked questions
The parties may agree that the successful bidder must make a deposit, deposit, or guarantee to secure the performance of the contract. This amount is specified by the bid solicitor but must not exceed 10% of the contract value. Unless otherwise agreed. The successful bidder is not entitled to receive the deposit or deposit back if it refuses to perform the contract after the contract is signed.
Article 216 of the Commercial Law 2005, includes two methods:
– Bidding for a bag of documents;
– Bidding for two dossier bags.
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