What are recommendations in bidding activities? Implementation procedures?

Recommendations in bidding activities is an important factor ensuring transparency and accountability in investment projects. Signing a contract in accordance with regulations helps the participating parties commit to fulfilling their obligations, protecting their legal rights, and ensuring the project is implemented on schedule, with quality and efficiency. Complying with contract regulations will minimize legal risks and create a solid basis for project success.

What are recommendations in bidding activities? When to do it?

A proposal in bidding is a request by contractors and investors participating in the bidding to review the results of contractor selection, the results of investor selection and issues related to the process of selecting contractors and contractors. Invest when you see your rights and interests being affected.

The time to make the recommendation is after the contractor selection results are obtained, based on Point a, Clause 2, Article 92 of this Law. The contractor will have 10 days to send a written petition to the investor of the project or the bidding party.

Conditions for considering and resolving recommendations

Conditions for considering and resolving recommendations in bidding activities are specified in Article 90 of the Law on Bidding 2023 including:

Before announcing the results of contractor and investor selection:

• For petitions about bidding documents: Petitions can be sent by agencies and organizations interested in bidding packages and business investment projects.
• For other issues: The petition must be sent by the contractor or investor participating in the bidding.
• The petition must be signed or stamped (if any) by the legal representative, or digitally signed, and sent via the National Bidding Network System.
• The petition must be sent before the announcement of the results of contractor and investor selection.

After announcing the results of contractor selection, investors:

• The petition must be sent by the contractor or investor participating in the bidding.
• The petition must be signed or stamped (if any) by the legal representative or digitally signed and sent via the National Bidding Network System.
• The content of the petition has not yet been sued, complained or denounced.
• Recommendations directly related to the results of evaluating bids of contractors and investors.
• Contractors and investors must pay the cost of resolving petitions to the standing department assisting the Chairman of the Advisory Council in resolving petitions.
• Contractors and investors must submit petitions within the time specified in the Law on Bidding.

In case of failure to meet the conditions: If the petition does not meet the above requirements, the person responsible for resolving the petition will notify in writing the contractor, investor, agency or organization of the refusal to consider or resolve recommendations in bidding activities.

Steps to resolve complaints in investment activities

Steps to resolve complaints in investment activities as prescribed in Article 92 of the Law on Bidding 2023 include two main processes:

Process 1: Resolve complaints through the bidding party:

• Step 1: The investor sends a petition to the bidding party within 10 days from the date of notification of investor selection results.
• Step 2: The bidding party must send a document to resolve the petition to the investor within 15 days from the date of receipt of the petition.
• Step 3: If the investor does not agree with the result of the petition resolution or the inviting party does not have a document resolving the petition within the prescribed time limit, the investor has the right to submit a petition to the competent authority through the standing department within 5 working days from the date of expiration of the resolution or the date of receipt of the resolution document.
• Step 4: The competent person shall issue a decision to resolve petitions on investor selection results within 10 days from the date of receipt of written opinions from the Advisory Council to resolve petitions.

Process 2: Resolve complaints directly with the competent person:

• Step 1: Investors send petitions directly to the competent person through the standing department within 10 days from the date of notification of investor selection results.
• Step 2: The competent person shall issue a decision to resolve petitions on investor selection results within 10 days from the date of receipt of written opinions from the Advisory Council to resolve petitions.

Consulting services and support for implementing recommendations in bidding activities at Long Phan

Bidding proposals are an important tool to help contractors and investors ensure their rights during the contractor selection process. At Long Phan, we provide comprehensive consulting and support services in implementing recommendations in bidding activities, specifically:

• Detailed advice on the rights and obligations of the parties participating in the bidding.
• Draft and review petition documents that fully meet the conditions, avoiding errors that can lead to rejection.
• On behalf of customers, submit petitions directly on the national bidding system, within the prescribed time.
• Representing customers in the process of resolving complaints, working with competent authorities and investors.
• Consulting on methods to resolve bidding disputes.
• Provide detailed information about the deadline and process for resolving complaints, helping you understand the necessary steps.

Long Phan’s consulting and support services for making recommendations in bidding activities will help you save time and effort, while ensuring your legal rights in bidding projects. With a team of experienced experts, we will provide optimal, effective and timely solutions. Please contact Long Phan via the hotline: 0906735386 today for detailed support!