To amend and supplement the regulations on internal bidding and international bidding under the CPTPP Agreement

Published on 19 - 01 - 2022
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On 12/1/2022, the Government issued the Decree No. 09/2022/ND-CP amending and supplementing a number of articles of the Decree No. 95/2020/ND-CP dated August 24, 2020 of the Government guiding the performance of procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership to guide the implementation of procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union, the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland.

According to the provisions of the Decree No. 09/2022/ND-CP, when organizing the selection of contractors for bidding packages within the scope of this Decree, the procuring agency must organize internal bidding according to regulations, unless the competent person deems it necessary to organize an international bidding to bring higher efficiency to the project or bidding package.

In case of organizing internal bidding for service provision bidding packages, the procuring agency shall do as follows:

For bidding packages as specified in Appendix I attached to this Decree, the procurement agency shall allow internal contractors to participate in the bidding; for the bidding package as specified in Appendix II attached to this Decree, the procuring agency shall decide whether to allow intra-regional contractors to participate in the bidding or only allow contractors from CPTPP-member countries to participate in the bidding; for the bidding package as specified in Appendix III attached to this Decree, the procuring agency shall decide whether to allow intra-regional contractors to participate in the bidding or only allow contractors from EU-member states, the United Kingdom, and Northern Ireland to participate in the bidding; for the bidding package for providing services under code CPC 75231 (data network services), CPC 75232 (information services and electronic messages), CPC 84 (computer services and related ones) as specified in Appendix II attached to this Decree, the procuring agency decides to allow contractors from CPTPP-member countries to participate in the bidding, or only allow domestic contractors to participate in the bidding.

In case of organizing internal bidding for bidding packages for goods supply, the procurement agency shall do as follows:

With regard to bidding packages for the supply of goods as specified in Appendix I attached to this Decree, the procuring agency shall only allow intra-regional contractors to offer goods originating from member countries participating in the bidding; for the bidding package to supply goods as specified in Appendix II attached to this Decree, the procuring agency shall decide to allow intra-regional contractors to offer goods originating from CPTPP-member countries and EU-member states, the United Kingdom, Northern Ireland to participate in the bidding or only allow contractors from CPTPP-member countries to offer goods originating from CPTPP-member countries to participate in the bidding.

For the bidding package to supply goods as specified in Appendix II attached to this Decree, the procuring agency shall decide to allow intra-regional contractors to offer goods originating from CPTPP-member countries and EU-member countries, the United Kingdom, Northern Ireland to participate in the bidding or only allow contractors from EU-member countries, the United Kingdom, Northern Ireland to offer goods originating from EU-member countries, the United Kingdom, and Northern Ireland to participate in the bidding.

The Decree also stipulates that a contractor as an individual is eligible when fully satisfying the following conditions: Having full civil act capacity; registering for lawful activities in accordance with the laws of the country of which the individual is a citizen; not prosecuted for criminal liability; not currently banned from bidding in any country; not subject to the final judgment of the Court for serious crimes within 03 years before the time of bid closing; there is no evidence that the contractor has committed serious violations of professional ethics within 03 years before the time of bid closing.

In addition, for bidding packages for centralized procurement and bidding packages for division of goods and services for repeated annual purchases, the determination of the bidding package price is based on the following contents: The demand for use in a year to avoid subdividing bidding packages; the results of online contractor selection for similar goods and services within 12 months prior to the approval of the contractor selection plan, on the basis of conformity with procurement volume and market prices.

This Decree takes effect from the date of signing for promulgation.

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