Circulars 12 Circular 15 and Decree 09 regarding regulations on bidding packages for UKVFTA

The E-Procurement Centre under the Department of Procurement Management of the Ministry of Planning and Investment has issued two circulars detailing instructions for handling bidding packages under the UKVFTA (as defined below).

Circular No. 12/2022/TT-BKHDT (“Circular 12”) elaborates the preparation of bidding documents for procurement of goods under the UKVFTA, while Circular No. 15/2022/TT-BKHDT (“Circular 15”) details instructions for construction and installation bidding.

1/ Circular 12/2022/TT-BKHDT

Circular 12 details the preparation of Bid Documents for the procurement of goods for bidding packages within the scope of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the European Union – Vietnam Free Trade Agreement (EVFTA), the UK – Vietnam Free Trade Agreement (UKVFTA) is organized for competitive bidding by the single-stage one-envelope bidding procedure or the single-stage two-envelope bidding procedure.

• For bidding packages covered by the CPTPP, the EVFTA and the UKVFTA that have been opened before the effective date of this Circular, the assessment of bids and consideration for recommendation as the winning bidder shall be carried out according to the provisions stated in the Bid Documents but must ensure that it is not contrary to the provisions of the three Agreements.
• For bidding packages covered by the CPTPP, EVFTA, and UKVFTA that have been approved, the Bid Documents shall be issued before the effective date of this Circular but with the deadline for submission of bids after the effective date of this Circular, and have not yet arrived at the deadline for submission of bids. In case the contents are not suitable or are contrary to the instructions stated in the forms of Bid Documents issued together with this Circular, they must be amended accordingly. In case of amending the Bid Documents after issuance, the investor and the procuring entity must give the bidder a reasonable amount of time to allow enough time for the bidder to prepare the bids.
• For bidding packages covered by the three Agreements which have approved the Bid Documents before the effective date of this Circular but have not yet issued the Bid Documents, the Bid Documents must be revised according to the forms of Bid Documents issued together with this Circular.

2/ Circular 15/2022/TT-BKHDT

Circular 15 details the preparation of Bid Documents for works for bidding packages within the scope of the CPTPP, the EVFTA, and the UKVFTA and which is organized for competitive bidding by the single-stage one-envelope bidding procedure or the single-stage two-envelope bidding procedure. 

Specifically, when preparing, appraising and approving the bidding documents, the procuring entity must base their consideration on the scale and nature of each specific bidding package to make appropriate requirements on the basis of ensuring the principle of competition, fairness, transparency and economic efficiency.

The procuring entity cannot introduce conditions to limit the participation of bidders or to create advantages for one or several bidders which causes unfair competition; does not require a bidder who has entered into one or more contracts with a procuring authority of a particular country or territory, or that the bidders have experience in providing services in the territory of that country, territory as the criterion for the exclusion of bidders.

In addition, in case there are any amendments to the provisions stated in the Bid Documents Form, the organization or individual who prepares, appraises and approves the Bid Documents must ensure that such modification is more rigorous than the provisions in the Bid Documents Form and not contrary to the CPTPP, the EVFTA and the UKVFTA. The written request for approval of the Bid Documents must clearly state the revised contents compared with those specified in the Bids and the reasons for modification so the investor can consider and decide.

• Were opened before the effective date of this Circular, the assessment of Bids and consideration for recommendation as the winning bidder shall be carried out according to the provisions in the Bid Documents but not contrary to the provisions of those three Agreements.
• Have been approved, the Bid Documents shall be issued before the effective date of this Circular but with the deadline for submission of bids after the effective date of this Circular, and have not yet arrived at the deadline for submission of bids. In case the contents are unsuitable or contrary to the instructions stated in the forms of Bid Documents issued together with this Circular, they must be amended accordingly. In case of amending the Bid Documents after issuance, the investor and the procuring entity must give the bidder a reasonable amount of time to allow the bidder to prepare the Bids.
• Have approved the Bid Documents before the effective date of this Circular but have not yet issued the Bid Documents, the Bid Documents must be revised according to the forms of Bid Documents issued.

3/ Decree 09/2022/ND-CP (“Decree 09”)

The two circulars implement Decree 90, which integrates guidelines on procurement procedures under the CPTPP, the EVFTA and the UKVFTA. It aims to ensure the effective implementation of international commitments by Viet Nam.