Competitive offers are applied to which bidding packages?

Competitive offers are a contractor selection method prescribed in the Law on Bidding 2023. The law has detailed regulations on this form, providing a transparent and effective mechanism for small and medium-sized bidding packages. Long Phan’s following article will clarify important aspects of competitive offers in bidding activities.

What is a competitive offer?

Competitive offer is one of the forms of bidding used by businesses to select contractors, regulated in the Law on Bidding 2023.

In addition, Article 20 of the Law on Bidding and Decree 24/2024/ND-CP also stipulate a number of other forms such as: open bidding, restricted bidding, designated bidding, direct procurement, self-implementation, community participation in implementation, price negotiation, online bidding, direct procurement and other forms prescribed by the Government.

Competitive offers will be applied in bidding activities

According to the provisions of Article 24 of the Law on Bidding 2023, the form of competitive offer according to the normal bidding process is applied to bidding packages with a value not exceeding 05 billion VND. Specifically, applicable cases include:

• Common and simple non-consulting service bidding packages.
• Bidding package for procurement of commonly available goods on the market with standardized technical characteristics and equivalent quality.
• Simple construction and installation bidding packages have approved construction drawing designs.
• Mixed bidding package for supply of goods and construction, in which the construction and installation content meets the regulations for simple construction and installation bidding packages with approved construction drawing designs mentioned above.

Competitive offering process

Based on Clause 3, Article 43 of the Law on Bidding 2023 (detailed instructions in Article 79 of Decree 24/2024/ND-CP), the competitive bidding process is implemented according to the following steps:

Step 1: Prepare to select a contractor

1. Prepare bidding documents according to the provisions of Clauses 1 and 2, Article 24 of Decree 24/2024/ND-CP, including:

• Summary information about the project, procurement estimates, bidding packages;
• Contractor instructions;
• Bidding data table;
• Criteria for evaluating the validity of bid documents;
• Evaluation standards for capacity and experience (if any);
• Technical evaluation standards;
• Financial evaluation standards.

2. Evaluate bidding documents according to the provisions of Article 129 of Decree 24/2024/ND-CP.
3. Approval of bidding documents.

Step 2: Organize contractor selection

• The bidding party posts the bidding notice and bidding documents on the National Bidding Network System according to the provisions of Point b, Clause 1, Article 8 of the Law on Bidding 2023;
• Amendments and clarifications of bidding documents are carried out in accordance with the provisions of Clause 2, Article 26 of Decree 24/2024/ND-CP;
• Contractors submit bid documents according to the requirements of the bidding documents on the National Bidding Network System;
• The bid solicitor shall open bids on the National Bidding Network System within 02 hours from the time of bid closing. The bid opening record includes the following contents: name of contractor; bid price; Discount value (if any); Validity period of bid documents; value and validity period of bid security; contract implementation time. Bid opening minutes are posted on the National Bidding Network System within 24 hours from the time of bid opening.

Step 3: Evaluate bid documents

• Principles for evaluating bid documents comply with the provisions of Article 27 of Decree 24/2024/ND-CP;
• Clarification of bid documents is carried out in accordance with the provisions of Article 28 of Decree 24/2024/ND-CP;
• Error correction and deviation correction are carried out according to the provisions of Article 29 of Decree 24/2024/ND-CP;
• The evaluation of bid documents is carried out according to the provisions of Article 30 of Decree 24/2024/ND-CP;
• Contractor ranking is carried out according to regulations in the bidding documents. The bidder has the lowest bid price after error correction, deviation adjustment (if any), minus discount value (if any) for the lowest price method or has the lowest evaluated price for the price method. The review is ranked number one.

Step 4: Submit, appraise, approve and publicize the results

The submission, appraisal, approval and publicization of contractor selection results shall comply with the provisions of Article 31 of Decree 24/2024/ND-CP.

Step 5: Complete, sign and manage the contract

The contract signed between the parties must be consistent with the decision approving the contractor selection results, bidding documents, bidding documents and other related documents. Completion, signing and management of contract implementation are carried out in accordance with the provisions of Article 32 and Article 33 of Decree 24/2024/ND-CP.

Consulting and support services related to the field of professional bidding at Long Phan

Long Phan is proud to be a provider of comprehensive bidding consulting services, ensuring optimal support for customers during the process of implementing bidding procedures, especially the competitive bidding process. We are committed to providing effective, transparent and legally compliant solutions with the following specific services:

• Consulting and providing detailed information on current regulations related to bidding activities and offering optimal solutions to minimize risks and ensure regulatory compliance.
• Support in drafting bidding documents with all necessary documents, including contractor instructions, bidding data sheets, evaluation standards, technical criteria, and other content as prescribed.
• Support reviewing and editing appropriate bidding documents to ensure accuracy, completeness and legality.
• Support customers in handling situations that arise during the bidding process, including clarifying documents or amending and supplementing documents.
• Support to review and evaluate bid documents to ensure validity and provide comprehensive comments and assessments to help customers optimize their chances of winning the bid.
• Support consultation and negotiation with the bidding party to achieve the most optimal results.

The competitive offer process is an important step to achieving success in bidding packages. If you need bidding advice or need detailed support on the competitive offer process, please contact Long Phan via the hotline 0906735386. We are always ready to serve and provide professional solutions, and optimize your chances of winning the bid.