Regulations on bidding for goods and services in the Commercial Law

What is bidding for goods and services? How are the forms and methods of bidding regulated? This article shares in detail the legal regulations surrounding the topic of Bidding for goods and services under the Commercial Law 2005.

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CSPL: Articles 214, 215, 216 Commercial Law 2005

1. Bidding for goods and services

– Bidding for goods and services is a commercial activity whereby one party purchases goods and services through invitation to bid (called the bidding party) in order to select among the traders participating in the bidding (called the bidder) the trader that best meets the requirements set by the bidding party and is selected to sign and perform the contract (called the winning party). bidding).

– The regulations on bidding in this Law do not apply to public procurement bidding according to the provisions of law.

2. Form of bidding

– Bidding for goods and services is carried out in one of the following two forms:

+ Open bidding is a form of bidding in which the party calling for tenders does not limit the number of bidders.

+ Limited bidding is a form of bidding in which the party calling for tenders only invites a certain number of contractors to participate. bidding.

– The choice of open bidding or limited bidding is decided by the bidding party.

3. Bidding method

– Bidding method includes bidding for one bag of documents and bidding for two bags of documents. The party calling for tenders has the right to choose the bidding method and must notify the bidders in advance.

– In the case of bidding according to the one-envelope bidding method, the bidder submits the bid documents including technical proposals and financial proposals in one envelope according to the requirements of the bidding documents and the bid opening is conducted once.

– In the case of bidding according to the two-envelope bidding method envelope, the bidder submits bid documents including technical proposals and financial proposals in separate envelopes submitted at the same time and the bid opening is conducted twice. Technical proposals will be opened first.

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