Circular 06/2024/TT-BKHDT guiding bidding on the National Bidding Network System

On April 26, 2024, the Ministry of Planning and Investment issued Circular 06/2024/TT-BKHDT to replace Circular 01/2024/TT-BKHDT to guiding the new regime in Bidding Law 2023 and Decree 23/2024/ND-CP on selecting investors to implement projects. Below, Viet An Law will analyze the notable contents of the new regulations in Circular 06/2024/TT-BKHDT guiding bidding on the National bidding network system.

Overview of Circular 06/2024/TT-BKHDT

• No: 06/2024/TT-BKHDT
• Place of issue: Ministry of Planning and Investment
• Signed by: Nguyen Chi Dung
• Date of issue: 26/04/2024
• Effective date: 26/04/2024
• Document replaced: Circular 01/2024/TT-BKHDT guiding the provision and posting of information on contractor selection and bidding document templates on the National Bidding Network system

Regulation scope of Circular 06/2024/TT-BKHDT

The National bidding network system is an information technology system built and managed by the Ministry of Planning and Investment according to Clause 18, Article 4 of the Law on Bidding, located at https://muasamcong.mpi.gov.vn.

This Circular guides the provision and posting of information on contractor selection and bidding document forms on the National bidding network system, including:

• Form for preparation, appraisal, and approval of master plan for contractor selection, contractor selection plan for the projects, and procurement estimates: Under Article 1 and Article 2 of the Law on Bidding 2023.
• Bidding documents on the National bidding network system for bidding packages providing consulting services, non-consulting services, goods, construction and installation, and purchasing drugs within the scope of the Law on Bidding are organized for open bidding, restricted bidding, and domestic competitive bidding in the form of one-stage one-envelope method, one-stage two-envelope method.

Modify and supplement application forms and Appendixes

About the new application Forms

Under Clause 2 and Clause 3, Article 31 of Circular 06/2024/TT-BKHDT, the following provisions are provided:

 “Article 31. Entry into force

2. From the effective date of this Circular, Circular 01/2024/TT-BKHDTcease to be effective, except for provisions in clause 3 of this Article.

3. Form No. 7A and 7B issued together with Circular No. 01/2024/TT-BKHDTremain effective until the effective date of the Circular on guidelines for drug bidding at public health facilities issued by the Ministry of Health.”

Thus, from the effective date of Circular 06/2024/TT-BKHDT, all bidding document forms as prescribed in Circular 01/2024/TT-BKHDT will no longer be used, except for Form No. 7A and Form No. 7B issued with Circular No. 01/2024/TT-BKHDT which will take effect until the Circular guiding drug bidding at public health facilities issued by the Ministry of Health takes effect.

Accordingly, Circular 06/2024/TT-BKHDT has issued new forms on online bidding, specifically:

• Form for preparation, appraisal, and approval of the master plan for contractor selection
• Form for formulation, appraisal, approval of contractor selection plan
• For construction and installation bidding packages
• For good procurement packages (including centralized purchasing)
• For non-consulting service packages
• For consulting service packages
• For the Evaluation report form

The issuance of this new form is to guide organizations and individuals involved in the selection of contractors when conducting bidding documents on the National bidding network system. At the same time, it is to comply with the new regulations in Articles 1 and 2 of the Law on Bidding 2023, which will take effect from January 1, 2024.

About new Appendixes

Compared to Circular 01/2024/TT-BKHDT, Circular 06/2024/TT-BKHDT adds Appendix 3B – Sample Decision approving contractor selection results.

Accordingly, the approval of contractor selection results of the bidding package under the contractor selection plan includes:

• Project name/purchase estimate;
• Package name;
• Name of the winning bidder;
• Winning bid price;
• Capital;
• Package implementation time/Contract implementation time;
• Contract type;
• Important notes (if any).

At the same time, Circular 06/2024/TT-BKHDT adds the Form of Decision approving the results of contractor selection (Appendix 3B). Previously, Circular 06/2024/TT-BKHDT did not stipulate this form of decision.

Additional regulations for individual contractors

One of the new points of Decree 24/2024/ND-CP on guiding the Law on Bidding on contractor selection is the additional provisions on bidding packages for individual consultants (in Section 2. Individual contractors, Chapter IV from Article 71 to Article 75).

To guide these new regulations, Clause 8, Article 3 of Circular 06/2024/TT-BKHDT has added a provision that contractors can be individuals:

 “Article 3. Definition of terms

8. “Organization participating in the System” (hereinafter referred to as “participant”) refers to an agency, organization, or individual that applies for participation in the System with one or several roles as follows:

a) Employer;

b) Procuring entity;

c) Bidder (individuals, groups of individuals participating in individual consulting packages; creative start-up individuals and groups of individuals participating in goods procurement packages; organizations; household businesses);

d) Regulatory unit;

dd) Training center for bidding;

e) Manufacturer entity (manufacturer, representative office, manufacturer’s agent) registers to participate in the System to address concerns raised by Bidders.”

Thus, in addition to agencies and organizations that can participate in the National bidding network system as before, according to the new regulations in Circular 06/2024/TT-BKHDT, on the current National bidding network system, individual bidders can also register an account to participate in online bidding.

Notes on online bidding registration:

• Organizations and individuals enter information into the registration form created on the National bidding network system: muasamcong.mpi.gov.vn.
• Individuals submitting registration dossiers on the National bidding network system include the following documents: registration form specified in Point a of this Clause signed by the registering individual; copy of passport or equivalent document for individuals with foreign nationality.

Instructions for other information posted on the National bidding network system

The posting of information such as main contract information; project information, overall contractor selection plan, contractor selection plan; notice of interest, and notice of pre-qualification invitation;… is carried out according to the instructions in the provisions of Articles 10, 11, 12, 13, 14, 15, 16 and 18 of Circular 06/2024/TT-BKHDT.

One of the new points of Circular 06/2024/TT-BKHDT guiding bidding on the National bidding network system is to supplement and clarify some other information posted and implemented on the National bidding network system in Article 20 as follows:

• Minutes of bid opening for non-online bidding are posted on the System within 24 hours from the time of bid opening;
• The decision to cancel the bid is posted on the System within 05 working days from the date of signing the decision;
• The document resolving the petition of the investor or competent person is posted on the System within 05 working days from the date of issuance of the document resolving the petition;
• The list of technically qualified bidders for offline bidding is posted on the System within 05 working days from the date of approval;
• For the two-phase bidding method, the list of bidders meeting the requirements of the bidding documents for phase one and the list of bidders meeting the technical requirements for phase two must be posted on the System no later than 05 working days from the date of approval;
• The list of foreign contractors winning bids in Vietnam is posted on the System within 15 days from the effective date of the contract signed with the foreign contractor.

The National bidding network system has required posting the above information on the system but there are no clear regulations. Article 20 of Circular 06/2024/TT-BKHDT supplements the above issue to provide specific detailed instructions for organizations and individuals participating in online bidding.

Supplementing regulations on E-HSDT evaluation for centralized procurement packages

E-HSDT is a bidding document for open bidding online, restricted bidding online, competitive bidding online;

Pursuant to Point a, Clause 1, Article 28 of Circular 06/2024/TT-BKHDT guiding bidding on the National bidding network system, the provisions on evaluating E-HSDT for centralized procurement packages are as follows:

 “Article 28. Evaluation of E-HSDT

1. Process of evaluation of E-HSDT:

a) Process 01 applied to all packages, including evaluation of the legitimacy of E-HSDT; qualification evaluation; evaluation of technical aspects; and finance evaluation.

For centralized procurement packages where contractor selection is based on supply capability, the assessment of bid security, average annual revenue, similar contracts, and production capacity shall be conducted at the financial evaluation stage.

b) Process 02 applied to procurement or non-consultancy service package adopting single-stage one-envelope procedure in which E-HSDT is evaluated according to “lowest-evaluated selection” and E-HSDTs have no incentives”.

Thus, if Clause 1, Article 28 of Circular 01/2024/TT-BKHDT only stipulates that process 01 applies to all bidding packages, including: assessing the validity of E-HSDT; assessing capacity and experience; technical assessment; financial assessment, Circular 06/2024/TT-BKHDT has added notes for centralized procurement packages.

Accordingly, at the financial evaluation step of the centralized procurement package, it is necessary to select contractors based on their supply capacity and to evaluate bid security, average annual revenue, similar contracts, and production capacity.

Notes on transitional provisions

In case the bidding package has approved the contractor selection plan before January 1, 2024, but by April 26, 2024, the bidding documents have not been issued

According to Clause 1, 2, Article 30 of Circular 06/2024/TT-BKHDT, for bidding packages that have approved the contractor selection plan (the contractor selection plan has been posted or not posted on the System) before January 1, 2024 but by April 26, 2024, the invitation for expression of interest, pre-qualification invitation, bidding documents, and request documents have not been issued, the contractor selection plan must be adjusted to comply with the provisions of the Law on Bidding 2023, Decree 24/2024/ND-CP and Circular 06/2024/TT-BKHDT (if any).

In case the approved bidding package applies online contractor selection and establishes E-HSMST, E-HSMQT, and E-HSMT according to Circular 01/2024/TT-BKHDT

• In case the bidding package has posted E-HSMST, E-HSMQT, and E-HSMT on the System from January 1, 2024, to before February 27, 2024: continue to organize the selection of shortlist, contractor selection, signing and management of contract implementation according to the provisions of the Bidding Law 2023, the contents are still consistent with the Law on Bidding 2023, Decree 63/2014/ND-CP and Circular 01/2024/TT-BKHDT.
• In case the bidding package has posted E-HSMST, E-HSMQT, and E-HSMT on the System from February 27, 2024, to before April 26, 2024: continue to organize the selection of shortlist, contractor selection, signing, and management of contract implementation according to the provisions of the Law on Bidding 2023, Decree 24/2024/ND-CP and Circular 01/2024/TT-BKHDT.
• From April 26, 2024: In case the bidding package has not yet established E-HSMST, E-HSMQT, E-HSMT or has established and approved E-HSMST, E-HSMQT, E-HSMT but has not posted E-HSMST, E-HSMQT, E-HSMT on the System, it is required to establish, amend, and re-approve E-HSMST, E-HSMQT, E-HSMT according to the provisions of Circular 06/2024/TT-BKHĐT.

Above are the update analysis of Viet An Law on the notable contents of Circular 06/2024/TT-BKHDT guiding bidding on the National Bidding Network System compared to Circular 01/2024/TT-BKHDT. If you have any related questions, please contact Viet An Law for the best support!