According to the Circular, bidding packages under scope of CPTPP Agreement, EVFTA Agreement and UKVFTA Agreement in which the bids have been opened before effective date of this Circular on August 25, 2022:
The bid evaluation and consideration for contract award shall be done in accordance with the bidding documents and not in contravention of the CPTPP, EVFTA and UKVFTA Agreements.
According to the Circular, bidding packages under scope of CPTPP, EVFTA and UKVFTA Agreements in which the bids have been opened before effective date of this Circular on August 25, 2022:
- Any information inappropriate or in contravention of the forms of bidding documents issued together with Circular No. 12/2022/TT-BKHDT must be modified.
- If the bidding documents are modified after being issued, the investor and procuring entity must give the bidders a reasonable amount of time to prepare their bids.
Regarding packages under scope of CPTPP, EVFTA and UKVFTA Agreements in which the bidding documents have been approved before August 25, 2022 but have not been issued: these bidding documents must be adjusted to conform to forms issued together with Circular No. 12/2022/TT-BKHDT .
Circular No. 12/2022/TT-BKHDT comes into force from August 25, 2022 and replaces Circular No. 09/2020/TT-BKHDT dated November 27, 2020.
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