What is the order of procedures for bidding for goods and services? How should tendering to do? What are the conditions to become a contractor? Let’s find out with Lawyer X through the following article:
Legal basis
Commercial Law 2005
Law on Bidding 2013
Consulting content
Order and procedures for bidding for goods and services
Step 1: Invitation to Bid
To invite bids, the bid solicitor must prepare the following works:
First, prequalification of contractors: according to Article 217 of the Commercial Law, the bid solicitor may organize pre-qualification of the bid solicitors to select the bidders capable of satisfying the conditions set by the bid solicitor.
The prequalification of contractors is to ensure that the invitation to bid will limit to those contractors who have the capacity and experience to perform the bidding package.
Second, prepare bidding documents. Clause 1, Article 218 of the Commercial Law stipulates that a bidding dossier includes the following contents: a notice of invitation for bids, methods of evaluation, comparison, ranking and selection of contractors, and other instructions related to the bidding process. Bidding.
The bid solicitor may collect a fee for the issuance of bidding documents. Expenses for providing dossiers to bidders shall regulate by the bid solicitor (Article 218 of the Commercial Law).
Third, a notice of invitation to bid. To ensure competitiveness in bidding, all bidding packages must be publicly and widely announced when organizing the bidding on the mass media in the case of open bidding or sending notices of invitation to post. sign bids to qualified contractors in the case of limited bidding (Article 219 of the Commercial Law). Procedures for bidding for such goods and services.
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 bidding procedures. Contractors are traders capable of providing services and goods for the bidding package (Article 214 of the Commercial Law).
Bids must submit directly to the bid solicitor or send 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 the opening of bids at a fixed time or, in the absence of a predetermined time, the time of bid opening is immediately after bid closing.
Step 4: Evaluate and compare bids
Bids that 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.
During the evaluation and comparison of bids, the bid solicitor may request the bidders to clarify issues related to the bids. The bid solicitor’s request and the bidder’s reply must make in writing. In case the bid solicitor amends some contents in the bidding dossier, the bid solicitor must send the revised content in writing to all bidders at least before the deadline for bid submission. ten days for the bidders to have conditions to further complete their bids.
Step 5: Ranking and selecting contractors
Based on the results of the bid evaluation, the bid solicitor must rank and select the bidders according to the fixed method. In case there are many bid participants with the same number of points and winning criteria, the bid solicitor has the right to select a contractor.
Step 6: Announce the bidding results and sign the contract
Immediately after the bidding results are available, the bid solicitor is responsible for notifying the bidding results to the bidders.
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. The contract performance security measure is valid until the time the successful bidder fulfills its contractual obligations.
Unless otherwise agreed. The successful bidder does not entitle to receive the deposit or deposit back if it refuses to perform the contract after the contract signed. After paying the deposit and security deposit for the performance of the contract, the successful bidder will refund the deposit and bid deposit.
Related article:
Features of bidding for goods and services in Vietnam
Violations on providing information about goods and services to consumers in Vietnam
Frequently asked questions:
The starting price is determined to be the lowest initial selling price of the asset to be auctioned in the case of an ascending auction. In case the starting price is also determined to be the highest selling price of the auctioned asset according to regulations, in the case of auctions according to the content of the lower bid method and the auction result is taking the lowest price.
The purpose of the auction is to find a buyer with the highest bid, the higher the bid, the better the chance of being selected.
As for the form of bidding, the purpose is to find the seller who best meets the requirements of the buyer of goods or services, the participant who offers the lowest price as well as the best response. The best in terms of quality, creativity as well as technical level will be selected.
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