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THE MINISTRY OF
FINANCE OF VIET NAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 134/2026/TT-BTC
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Hanoi,
September 09, 2026
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CIRCULAR
PRESCRIBING
FORMS OF REQUEST FOR PROPOSALS USED IN DIRECT CONTRACTING, EVALUATION REPORT,
APPRAISAL, INSPECTION AND SUPERVISION REPORT, AND REPORT ON PERFORMANCE OF
BIDDING ACTIVITIES
Pursuant to the Law on
Bidding No. 22/2023/QH15, as amended by the Law No. 57/2024/QH15, the Law No.
90/2025/QH15, the Law No. 116/2025/QH15, the Law No. 133/2025/QH15, and the Law
No. 142/2025/QH15;
Pursuant to the Government’s
Decree No. 214/2025/ND-CP dated August 04, 2025 elaborating and providing
guidelines for implementation of the Law on Bidding regarding contractor
selection, as amended by the Government’s Decree No. 165/2026/ND-CP dated May
15, 2026, the Government’s Decree No. 170/2026/ND-CP dated May 15, 2026, and
the Government’s Decree No. 349/2026/ND-CP dated September 09, 2026;
Pursuant to the Government’s
Decree No. 274/2026/ND-CP dated July 07, 2026 elaborating and providing
guidelines for implementation of the Law on Bidding regarding selection of
investors for implementation of business investment projects;
Pursuant to the Government’s
Decree No. 29/2025/ND-CP dated February 24, 2025 defining functions, tasks,
powers and organizational structure of the Ministry of Finance of Viet Nam, as
amended by the Government's Decree No. 166/2025/ND-CP dated June 30, 2025;
At the request of the
Director General of the Public Procurement Agency;
The Minister of Finance of
Viet Nam hereby promulgates a Circular prescribing forms of request for
proposals used in direct contracting, evaluation report, appraisal, inspection
and supervision report, and report on performance of bidding activities.
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1. This Circular provides
detailed regulations on forms of request for proposals (RFP) used in direct
contracting, evaluation report, appraisal, inspection and supervision reports,
and report on performance of bidding activities as prescribed in point c clause
1 Article 146 of the Government’s Decree No. 214/2025/ND-CP dated August 04,
2025, and point a clause 1 Article 77 of the Government’s Decree No. 274/2026/ND-CP
dated July 07, 2026.
2. This Circular applies to
authorities, organizations and individuals performing or involved in the
activities specified in clause 1 of this Article.
Article 2. Use of Forms and
Appendixes
1. Forms of request for proposals
(RFP) used in domestic direct contracting under the common procedure prescribed
in the Government’s Decree No. 214/2025/ND-CP dated August 04, 2025, as amended
by the Government’s Decree No. 165/2026/ND-CP dated May 15, 2026, the
Government’s Decree No. 170/2026/ND-CP dated May 15, 2026, and the Government’s
Decree No. 349/2026/ND-CP dated September 09, 2026 (hereinafter referred to as
the “Decree No. 214/2025/ND-CP”) include:
a) Form No. 1A used for
preparing RFP for a construction package;
b) Form No. 1B used for
preparing RFP for a procurement of goods package;
c) Form No. 1C used for
preparing RFP for a non-consulting service package;
d) Form No. 1D used for
preparing RFP for a consulting service package;
dd) Form No. 1E is used for
preparing the RFP for an EP package;
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g) Form No. 1H is used for
preparing the RFP for a PC package;
h) Form No. 1I is used for
preparing the RFP for an EPC package.
Regarding packages applying the
international direct contracting method, and packages applying direct
contracting with requirements for protection of state secrets as prescribed in
clause 6 Article 78 of the Decree No. 214/2025/ND-CP, employers shall modify
the RFP forms enclosed with this Circular in accordance with the guidance in
Appendix 8.
2. Forms
of evaluation report include:
a) Form No. 2A used for
preparing bid evaluation reports for non-consulting service packages,
procurement of goods packages, construction packages, mixed packages, medical
device hiring or purchasing packages applying the offline limited bidding or
competitive bidding under the single-stage one-envelope procedure;
b) Form No. 2B used for
preparing bid evaluation reports for non-consulting service packages, procurement
of goods packages, construction packages, and mixed packages, medical device
hiring or purchasing packages applying the offline limited bidding or
competitive bidding under the single-stage two-envelope procedure;
c) Form No. 2C used for
preparing bid evaluation reports for consulting service packages applying the
offline limited bidding or competitive bidding method.
Regarding reports for
evaluation of bids for packages applying the two-stage procedure, expressions
of interest (EOI), prequalification applications or proposals, employers may
make modifications to the evaluation report forms enclosed herewith provided
that such modifications are not contrary to provisions of the Law on Bidding
and the Decree No. 214/2025/ND-CP.
3. Forms
of appraisal report are used for both online and offline bidding, including:
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b) Form No. 3B used for
preparing reports on appraisal of list of technically-responsive bidders for
packages applying the single-stage two-envelope procedure, and packages
applying the online quotation method under the common procedure;
c) Form No. 3C used for
preparing reports on appraisal of contractor selection results.
Regarding reports on appraisal
of bidding documents for packages applying the two-stage procedure, EOI
request, prequalification document, RFPs; appraisal of results of evaluation of
EOIs or prequalification applications; appraisal of list of
technically-responsive bidders for packages applying the two-stage procedure;
appraisal of contractor selection results for packages applying the two-stage
procedure, packages applying the online quotation, direct contracting or direct
procurement method, employers may make modifications to the appraisal report forms
enclosed herewith provided that such modifications are not contrary to
provisions of the Law on Bidding and the Decree No. 214/2025/ND-CP.
4. Forms
used in inspection of bidding activities include:
a) Form No. 4.1A used for
preparing the plan for periodic inspection of bidding activities;
b) Form No. 4.1B used for
preparing a detailed inspection plan;
c) Form No. 4.2 used for
preparing the draft report on performance of contractor/investor selection
tasks;
d) Form No. 4.3 used for
preparing report on inspection of contractor/investor selection;
dd) Form No. 4.4 used for
preparing conclusion on inspection of contractor/investor selection;
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5. Forms
of report on the results of supervision of bidding activities and report on
updating of information on contractor selection activities as prescribed in
point d clause 7 Article 3 of the Law on Bidding include:
a) Form No. 5.1 used for
preparing the report on the results of supervision of bidding activities;
b) Form No. 5.2 used for
preparing the report on updating of information on contractor selection
activities as prescribed in point d clause 7 Article 3 of the Law on Bidding.
6. Form No. 6 is used for preparing
reports on performance of bidding activities.
7. Appendixes:
a) Appendix 1: Bid closing
record;
b) Appendix 2A: Bid opening
record (for packages applying the single-stage one-envelope procedure);
c) Appendix 2B: Record of
opening of technical proposals (for packages applying the single-stage
two-envelope procedure);
d) Appendix 2C: Record of
opening of financial proposals (for packages applying the single-stage
two-envelope procedure);
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e) Appendix 4: Inspection notice;
g) Appendix 5: Record of
announcement of the inspection decision;
h) Appendix 6: Notice of
termination of direct inspection;
i) Appendix 7: Form of
commitment;
k) Appendix 8: Guidelines for
formulating RFP forms for packages with requirements for protection of state
secrets and packages applying the international direct contracting method.
Regarding request for approval
of the RFP, the decision on approval of the RFP, the decision on approval of
the list of technically-responsive bidders, the contract negotiation record (if
any), and the decision on approval of contractor selection results for packages
applying offline bidding, employers may make modifications to the corresponding
forms in the Appendixes enclosed with Circular No. 79/2025/TT-BTC dated August
04, 2025 of the Minister of Finance of Viet Nam, as appropriate, provided that
such modifications are not contrary to the Law on Bidding and the Decree No.
214/2025/ND-CP.
8. Regarding the case prescribed in point e clause 2 Article
78 of the Decree No. 214/2025/ND-CP, the direct contracting method applies to
the construction packages under projects or procurement cost estimates of the
same employer or another employer. A construction package is considered to
have its scale and nature similar to a package which has been executed adopting
the competitive bidding or selective bidding method if:
a) They have the same
structural type and grade of works as prescribed by law on construction; in
case the grade of works of the construction package for which contract has been
signed is higher than that of the package in question, the requirement
regarding grade of works is also considered satisfactory;
b) The value of the package in
question does not exceed 200% of the contract value (including the contract value
after modifications are made) of the construction package for which a contract
has been signed, in case an independent bidder or consortium bidder is directly
contracted; or the value of the package in question does not exceed 200% of the
value of construction tasks of the construction package for which a contract
has been signed undertaken by the consortium member under the signed contract,
in case this consortium member is directly contracted.
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9. If any modifications to the
RFP form specified in clause 1 of this Article are deemed necessary, the entity
in charge of formulating, appraising (if any) and approving the RFP must ensure
that such modifications are appropriate to the requirements of the package, and
are not contrary to provisions of the Law on Bidding and the Decree No. 214/2025/ND-CP.
Such modifications and reasons therefor must be clearly stated in the request
for approval of the RFP submitted to the employer for consideration and
decision, except for the contents prescribed in Appendix 8 enclosed with this
Circular. In all cases, the employer must ensure that the selected bidder shall
meet capacity and experience requirements, and have appropriate technical
solutions for executing the package on the schedule and in a manner meeting
quality requirement and other requirements set out in the RFP.
Article 3. Format of
attached files and technical handling in the event of a system incident beyond
control
1. The format of attached files
and the technical handling in the event of a System incident beyond control
shall comply with the corresponding provisions of Articles 5 and 6 of Circular
No. 79/2025/TT-BTC.
2. Where the RFP attached to
the System does not comply with the requirements specified in Clause 1 of this
Article or, for any other reason, cannot be opened or read, the employer shall
re-upload and re-issue the entire RFP.
3. Where a proposal does not
comply with the requirements specified in Clause 1 of this Article or, for any
other reason, cannot be opened or read, the employer shall request the bidder
to clarify the proposal.
Article 4. Authorities and
organizations in charge of submitting reports on performance of bidding
activities
1. Each year, the Ministry of
Finance of Viet Nam shall submit consolidated report on performance of bidding
activities nationwide to the Prime Minister of Viet Nam.
2. Ministries,
ministerial-level agencies, other central-level authorities, provincial-level
People's Committees, and other authorities and organizations that are the
regulated entities in Article 2 of the Law on Bidding shall submit annual
reports on performance of bidding activities in provinces, fields or sectors
under their management on the Vietnam National E-Procurement System (VNEPS) or
submit written reports to the Ministry of Finance of Viet Nam where
confidentiality requirements apply.
3. Provincial-level Departments
of Finance, and units tasked with managing bidding activities shall assist
Ministries, ministerial-level agencies, other central-level authorities,
provincial-level People's Committees, and other authorities and organizations
in expediting and preparing annual consolidated reports on performance of
bidding activities by employers and procuring entities in provinces, fields or
sectors under their management.
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Article 5. Time limits for
submitting reports on performance of bidding activities
1. The Ministry of Finance of
Viet Nam shall submit reports to the Prime Minister within Quarter II of the
year following the reporting period.
2. Ministries,
ministerial-level agencies, other central-level authorities, provincial-level
People's Committees, and other organizations shall submit reports on VNEPS by
February 01 of the year following the reporting period. If this deadline falls
on a weekly day off or public holiday as defined in the Labour Code, it shall
be extended to the next business day after the day off or the public holiday.
3. Employers and procuring
entities shall submit annual reports on their performance of bidding activities
by the deadlines set by provincial-level Departments of Finance or units tasked
with managing bidding activities.
Article 6. Effect
1. This Circular comes into
force from September 09, 2026.
2. The Circular No.
80/2025/TT-BTC shall cease to have effect from the effective date of this
Circular.
3. The Circular No.
79/2025/TT-BTC dated August 04, 2025 of the Ministry of Finance of Viet Nam is
amended as follows:
a) Form No. 04A, Chapter VI of
Forms No. 3A, 3B, 4A, 4B, 5A, 5B, 7A, 7B, 8A, 8B, 9A, 9B, 10A, 10B, 11A, 11B,
12A and 12B enclosed with Circular No. 79/2025/TT-BTC is amended as follows:
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BID
SECURITY/ SURETY BOND CERTIFICATE(1)
(For
an independent Bidder)
Beneficiary (Obligee): ___ [insert the name and address of the
Employer as specified in Section 1.1 E-BDL]
Date of issuance: ___
[insert the date of issuance of this form]
BID SECURITY/ SURETY BOND
CERTIFICATE No.: ___ [insert the reference number of the bid security]
Guarantor: ___
[insert the name and address of the place of issuance, unless indicated in the
letterhead]
We have been informed that the
Principal, _____ [insert name of the Bidder] (hereinafter referred to as
the “Bidder”), will submit a bid for the _____ [insert name of the package]
package under the ____ [insert name of the project/procurement cost
estimate] project/procurement cost estimate, pursuant to the Invitation for
bid/E-TBMT No.____ [insert the reference number of the Invitation for
bid/E-TBMT].
We are issuing this guarantee
for an amount of ____ [insert the amount in figures, in words and currency
unit] in favor of the Beneficiary to support the Bidder’s submission of
bid.
This Bid Security/Surety Bond
Certificate shall remain valid for ___ (2) days from ___ day of ___ month ___
year___(3).
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1. After the bid submission
deadline and during the validity period of its E-HSDT, the Bidder submits a
request for withdrawal of its E-HSDT or gives a written refusal to perform one
or some tasks proposed in its E-HSDT in accordance with the requirements laid
down in E-HSMT;
2. The Bidder performs any of
the prohibited acts specified in Article 16 of the Law on Bidding or commits
violations against the Law on Bidding resulting in bid cancellation;
3. The Bidder fails to furnish
the required performance security as prescribed in Article 68 of the Law on
Bidding;
4. The Bidder fails or refuses
to carry out document verification within 05 working days from the
receipt of the invitation to the document verification, or, after the document verification
has been carried out, refuses to sign the document verification record, except
force majeure events;
5. The bidder fails or refuses
to negotiate the contract (if any) within 05 working days from the receipt of
the invitation for contract negotiation, or, after the contract negotiation has
been carried out, refuses or fails to sign the contract negotiation record,
except force majeure events;
6. The Bidder fails or refuses
to carry out the completion of contract or framework agreement within 10 days
from the receipt of the notice of acceptance and contract award from the
Employer, except the cases specified in clause 4 Article 34 of the Decree No.
214/2025/ND-CP or force majeure events;
7. The Bidder fails or refuses
to sign the contract or framework agreement within 10 days from the date of
completion of that contract or framework agreement, except force majeure
events.
Where the Bidder is the
successful Bidder, this Bid Security/Surety Bond Certificate shall cease to be
effective immediately upon the Bidder’s signing of the contract and submission
of the performance security to the Beneficiary as agreed upon in the signed
contract.
Where the Bidder is not the
successful Bidder, this Bid Security/Surety Bond Certificate shall cease to be
effective immediately upon our receipt of a copy of the notice of contractor
selection result or 30 days after the expiration of the Bidder’s E-HSDT,
whichever occurs earlier.
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Lawful representative of the Guarantor
[insert the name, title, signature and seal]
Notes:
(1) Delete the phrase “Surety
Bond Certificate” where a Bid Security is provided; delete the phrase “Bid
Security” where a Surety Bond Certificate is provided.
The Bid Security/Surety Bond
Certificate shall be considered invalid where the amount specified in therein
is lower than, or its validity period is shorter than, that required under
Section 18.2 of E-BDL; it contains inaccurate name of the Beneficiary; the Bid
Security/Surety Bond Certificate provided is not the original or does not bear
a valid signature or has been signed before the Employer issues E-HSMT; or it
contains any conditions disadvantageous to the Employer.
(2) Insert the number of
validity days specified in Section 18.2 of E-BDL.
(3) Insert the day on which the
bid submission deadline is set as prescribed in E-TBMT. The period of validity
of the Bid Security/Surety Bond Certificate shall start from the date of the
bid submission deadline to the last effective date of the Bid Security/Surety
Bond Certificate (the expiry of the Bid Security/Surety Bond Certificate may
occur at any time during its last effective date and does not necessarily
extend to the end of that day).
(4) Where the Bid
Security/Surety Bond Certificate omits one or more of the undertakings
specified above, it shall be considered to contain a condition disadvantageous
to the Employer as prescribed in Section 18.3 of the E-CDNT, and the Bid
Security/Surety Bond Certificate shall be considered invalid.”
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“Form
No. 04B (Attached scanned file)
BID
SECURITY/ SURETY BOND CERTIFICATE (1)
(For
a consortium Bidder)
Beneficiary (Obligee):___ [insert
the name and address of the Employer as specified in Section 1.1 E-BDL]
Date of issuance: ___
[insert the date of issuance of this form]
BID SECURITY/ SURETY BOND
CERTIFICATE No.: ___ [insert the reference number of the bid security]
Guarantor:___ [insert
the name and address of the place of issuance, unless indicated in the
letterhead]
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We are issuing this guarantee
for an amount of ____ [insert the amount in figures, in words and currency
unit] in favor of the Beneficiary to support the Bidder’s submission of bid
for this package.
This Bid Security/Surety Bond
Certificate shall remain valid for ___ (3) days from ___ day of ___ month ___
year___(4).
At the request of the Bidder,
we, as Guarantor, hereby undertake(5) to pay the Beneficiary a sum of ____ [insert
total amount in figures, in words and currency unit] upon receipt by us of
the Beneficiary’s written statement stating that the Bidder is in breach of its
obligations in the following circumstances:
1. After the bid submission
deadline and during the validity period of its E-HSDT, the Bidder submits a
request for withdrawal of its E-HSDT or gives a written refusal to perform one
or some tasks proposed in its E-HSDT in accordance with the requirements laid
down in E-HSMT;
2. The Bidder performs any of
the prohibited acts specified in Article 16 of the Law on Bidding or commits
violations against the Law on Bidding resulting in bid cancellation;
3. The Bidder fails to furnish
the required performance security as prescribed in Article 68 of the Law on
Bidding;
4. The Bidder fails or refuses
to carry out document verification within 05 working days from the
receipt of the invitation to the document verification, or, after the document
verification has been carried out, refuses to sign the document verification
record, except force majeure events;
5. The bidder fails or refuses
to negotiate the contract (if any) within 05 working days from the receipt of
the invitation for contract negotiation, or, after the contract negotiation has
been carried out, refuses or fails to sign the contract negotiation record,
except force majeure events;
6. The Bidder fails or refuses
to carry out the completion of contract or framework agreement within 10 days
from the receipt of the notice of acceptance and contract award from the
Employer, except the cases specified in clause 4 Article 34 of the Decree No.
214/2025/ND-CP or force majeure events;
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8. If any member of the
consortium____ [insert the full name of the consortium Bidder] commits
violations against law resulting in forfeiture of the bid security as
prescribed in Section 18.5 of E-CDNT, the bid securities of all consortium
members shall not be returned.
Where the Bidder is the
successful Bidder, this Bid Security/Surety Bond Certificate shall cease to be
effective immediately upon the Bidder’s signing of the contract and submission
of the performance security to the Beneficiary as agreed upon in the signed
contract.
Where the Bidder is not the
successful Bidder, this Bid Security/Surety Bond Certificate shall cease to be
effective immediately upon our receipt of a copy of the notice of contractor
selection result or 30 days after the expiration of the Bidder’s E-HSDT,
whichever occurs earlier.
Any claim for payment under
this Bid Security/Surety Bond Certificate must be received by us at the office
on or before the last day of its validity. We hereby undertake to make
unconditional and irrevocable payments of any sum or sums not exceeding in
total the guaranteed amount as state above to the Employer upon receipt by us of
the Employer’s request for payment.
Lawful representative of the Guarantor
[insert the name, title, signature and seal]
Notes:
(1) Delete the phrase “Surety
Bond Certificate” where a Bid Security is provided; delete the phrase “Bid Security”
where a Surety Bond Certificate is provided.
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(2) Insert the name of the
Bidder adopting one of the following options:
- Insert the name of the
consortium. For example, the Bidder A and the Bidder B jointly establish a
consortium to submit the bid, insert “The consortium of A + B”;
- Insert the name of the member
in charge of furnishing the bid security on behalf of the consortium or for all
other members of the consortium. For example, the Bidder A, the Bidder B and
the Bidder C jointly establish a consortium to submit the bid, and the Bidder A
is appointed to furnish the bid security for the entire consortium under the
consortium agreement, insert "the Bidder A (on behalf of the consortium of
A + B+ C)”; if the Bidder B furnishes the bid security for both the Bidder B
and the Bidder C, insert “the Bidder B (on behalf of the Bidder B and the
Bidder C)";
- Name of the consortium member
that separately furnishes its bid security;
- Although the responsibility
to furnish the bid security is not specified in the consortium agreement, the
consortium Bidder is also considered to have met the bid security requirement
if the sum of bid securities furnished by members of the consortium, as
indicated in forms of bid security attached to its E-HSDT, meets the
requirement of E-HSMT.
(3) Insert the number of
validity days specified in Section 18.2 of E-BDL.
(4) Insert the day on which the
bid submission deadline is set as prescribed in E-TBMT. The period of validity
of the Bid Security/Surety Bond Certificate shall start from the date of the
bid submission deadline to the last effective date of the Bid Security/Surety
Bond Certificate (the expiry of the Bid Security/Surety Bond Certificate may
occur at any time during its last effective date and does not necessarily
extend to the end of that day).
(5) Where the Bid
Security/Surety Bond Certificate omits one or more of the undertakings
specified above, it shall be considered to contain a condition disadvantageous
to the Employer as prescribed in Section 18.3 of the e-ITB, and the Bid
Security/Surety Bond Certificate shall be considered invalid.”
c) The phrase “50 triệu đồng”
(“VND 50 million”) is replaced with the phrase “100 triệu đồng” (“VND
100 million”) in note (1) of Table 01 Section III and note (1) of Table 02
Section IV of Form No. 2A enclosed with Circular No. 79/2025/TT-BTC.
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Article 7. Transition
1. For packages for which the
bidding documents or RFP have been issued, or the draft contract has been sent,
in respect of packages applying the direct contracting under the simplified
procedure, before the effective date of this Circular, the contractor
selection, contract conclusion and performance management, and resolution of
complaints shall continue to be carried out in accordance with Point a Clause 2
Article 27 of Decree No. 349/2026/ND-CP, Circular No. 79/2025/TT-BTC, and
Circular No. 80/2025/TT-BTC.
2. For decisions on inspection
of bidding activities issued before the effective date of this Circular, the
inspection shall continue to be carried out in accordance with such decisions
and the provisions of Circular No. 80/2025/TT-BTC./.
PP. MINISTER
DEPUTY MINISTER
Tran Quoc Phuong
APPENDIX
(Enclosed with
Circular No. 134/2026/TT-BTC dated September 09, 2026 of the Minister of
Finance of Viet Nam)
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Appendix
2A: Bid
opening record (for packages applying the single-stage one-envelope procedure)
Appendix
2B: Record of
opening of technical proposals (for packages applying the single-stage
two-envelope procedure)
Appendix
2C: Record of
opening of financial proposals (for packages applying the single-stage
two-envelope procedure)
Appendix 3: Inspection
decision
Appendix 4: Inspection
notice
Appendix 5: Record of
announcement of the inspection decision
Appendix 6: Notice of termination of direct
inspection
Appendix 7: Form of commitment
Appendix 8: Guidelines for formulating RFP
forms for packages with requirements for protection of state secrets and
packages applying the international direct contracting method.