Bidding is a process by which the investor selects a contractor that meets his requirements by the law. So, when participating in the bidding, what order and procedures must follow? What are the characteristics of bidding for goods and services?
So, let’s find out more about this issue with Lawyer X through the article below.
Legal grounds
– Bidding Law 2013
– Commercial Law 2005
Consulting content
What is a tender?
Clause 1, Article 214 of the 2005 Commercial Law provides for bidding for goods and services as follows:
“first. Bidding for goods and services is a commercial activity whereby a party purchases goods or services through an invitation for bids (referred to as bid solicitors); to select among the traders participating in the bidding (referred to as bidders) the trader that best meets the requirements set forth by the bid solicitor, and selected to sign and perform the contract (hereinafter referred to as the winning bidder).
Clause 12, Article 4 of the Law on Bidding 2013 provides for bidding as follows:
“Bidding is the process of selecting contractors to sign; and perform contracts to provide consulting services, non-advisory services, procurement of goods, construction and installation; select investors to sign, and execute contracts on investment projects in the form of public-private partnerships, investment projects using land-based on ensuring competition, fairness and transparency; and economic efficiency.”
What are the characteristics of bidding for goods and services?
Firstly, on the object of the bidding activities for goods and services. Are commercial goods allowed to circulate on the market, and commercial services are permitted by the law.
Secondly, bidding is a pre-contract phase. So, the purpose of this activity is to help the bid solicitor find the entity capable of providing the best quality goods and services; at the most reasonable price. Then, after selecting a partner, the parties will sign a contract.
Thirdly, about the subject involved. Including a bid solicitor and a contractor.
Fourthly, about the legal form. The legal form of the bidding relationship for goods and services is the bidding document; and tender documents.
– Bidding document is a legal document made by the bid solicitor and approved by a competent authority, which fully describes the technical requirements; finance and trade of goods to be procured; services to use and other conditions of the bidding package.
– Bid documents show the capacity and responsiveness of bidders to the requirements in the bidding documents. These records are the legal basis for establishment; change, termination of the rights and obligations of the parties in the relationship of bidding for goods and services.
What types of bidding are there?
According to the provisions of Article 215 of the Commercial Law 2005, the bidding for goods and services shall carry out in one of the following two forms:
– Open bidding is a form of bidding in which the bid solicitor does not limit the number of bidders;
Limited bidding is a form of bidding in which the bid solicitor invites only a certain number of contractors to bid.
The choice of the form of open bidding or limited bidding shall be decided by the bid solicitor.
Order and procedures for bidding goods. service
Step 1: Invitation to Bid
To carry out the bid opening procedure, the bid solicitor must prepare the following works:
– Pre-qualification of contractors
– Prepare bidding documents.
– Notice of invitation to bid.
Step 2: Bid
After announcing the invitation to bid, the bidders who are interested in the bidding package or are already on the pre-qualification list will carry out the bidding procedures. Contractors are traders capable of providing services and goods for the bidding package.
Bids must be submitted directly to the bid solicitor or sent by post to the address stated in the bidding documents before the time of stamping.
Step 3: Open bid
Bid opening means the organization of opening bids at a fixed time; or in the absence of a predetermined time; the bid opening time shall be immediately after the bid closing.
Step 4: Evaluate and compare bids
Bids are evaluated and compared according to each standard as a basis for comprehensive evaluation. The criteria for the evaluation of bids shall be prescribed by the bid solicitor.
Step 5: Ranking and selecting contractors
Based on the bid evaluation results; The bid solicitor shall rank and select the bidders according to the established method. In case there are multiple bidders with the same number of points; If the winning criteria are the same, the bid solicitor has the right to select the contractor.
Step 6: Announce the bidding results and sign the contract
Please see more articles:
Features of bidding activities by Vietnamese law
What is the penalty for not posting bidding results?
Frequently asked questions
Article 216 of the Commercial Law 2005, includes two methods:
– Bidding for a bag of documents;
– Bidding for two dossier bags.
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.
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