No online bidding is a violation

Fri, 14 Jul 2017 16:15:15 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) - Mr. Nguyen Cong Dat (in Phu Tho Province) asks: In case the procuring entity calls for bidding  receives bids and conducts the bid opening, then the contractor has not yet registered the information on the national bidding network system? How does the procuring entity verify the bidder registered on the bidding network?

Mr. Dat referred to Article 37 of Joint Circular No. 07/2015 / TTLT-BKHDT-BTC, which has stipulated that the minimum number of bids for competitive offering bidding is 20%,  10% of the number of small-scale bidding packages for  wide offer. limited bidding, but at least one competitive bidding package or open bidding or limited bidding.

However, the investor did not study the above-said circular and directly bid for all bidding packages. He asked, how does this case handle?

Regarding this issue, The Ministry of Planning and Investment responds as follows:

Article 5 of the Bidding Law has stipulated that one of the conditions for the contractor to be considered eligible is that it is registered on the National Procurement Network.

According to Clause 1, Article 37 of Joint Circular No. 07/2015 / TTLT-BKHDT-BTC of September 8, 2015, the Ministry of Planning and Investment and the Ministry of Finance, starting from July 1, Two (2) business days prior to bid closing, the contractor or investor who has not yet confirmed the registration of information on the national bidding network system shall not be allowed to participate in bidding for bidding packages or projects of selective forms. Select contractors specified in Articles 20, 21, 22, 23, 24, 25 and 26 of the Bidding Law.

In the case of Mr. Dat, all bids submitted to the party calling for tenders prior to the closing of the bid in accordance with the provisions of the procurement invitation document shall be open. At that time, if the contractor has not yet registered on the national bidding network, he / she will be deemed ineligible for his / her eligibility under the above-mentioned regulations.

In order to verify the registered contractor on the system, the procuring entity may directly inspect the system (type in the business registration number or the name of the contractor in the search box) or on the confirmation of the name on the the system of printing contractors shall comply with the provisions in Clause 3, Article 6 of the above-said Circular.

Ministries, branches and localities do not conduct full online bidding according to the schedule prescribed in Clause 2, Article 37 of Joint Circular No. 07/2015 / TTLT-BKHDT-BTC, which violates the legislation on bidding, They shall be handled according to the provisions of Article 90 of the Bidding Law and at the same time reported to the Prime Minister.

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic


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