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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 93/CP
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Hanoi, August 23,
1997
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DECREE
ON AMENDMENTS AND
SUPPLEMENTS TO A NUMBER OF ARTICLES OF THE REGULATION ON BIDDING ISSUED TOGETHER
WITH DECREE NO.43-CP OF JULY 16, 1996
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
At the proposals of the Minister of Planning and Investment, the Minister of
Construction and the Minister of Trade,
DECREES:
Article 1.- To issue together with this
Decree a number of provisions amending or supplementing a number of Articles of
the Regulation on Bidding issued together with Decree No.43-CP of July 16,
1996.
Article 2.- This Decree
takes effect 15 days after the date of its signing.
Article 3.- The Minister of
Planning and Investment shall assume the main responsibility and coordinate
with the Minister of Construction, the Minister of Trade, the other ministers
and the heads of the concerned branches in guiding and inspecting the
implementation of amendments or supplements to the Regulation on Bidding,
issued together with this Decree.
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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet
A NUMBER OF PROVISIONS AMENDING OR
SUPPLEMENTING THE REGULATION ON BIDDING ISSUED TOGETHER WITH DECREE NO.43-CP OF
JULY 16, 1996 OF THE GOVERNMENT
(issued together with Decree No.93-CP of August 23, 1997 of the
Government)
Article 3.- Forms of selecting bidders
and applicable modes.
To add the following Point h/ to Item 2:
h/ Special purchase: applicable to special cases
(except for the above-said modes); the project owner shall have to work out the
plan of action and submit it to the Prime Minister for consideration and
decision.
Article 8.- Clarification
and amendment of the bidding documents.
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The bidders are not allowed to change their
bidding dossiers after the bid submission deadline. In the process of evaluating
and comparing the bidding dossiers, the bid-soliciting party may ask the
bidders to clarify several issues through direct or indirect discussion that
must be open and fair and must not alter the basic contents of the bidding
dossiers and bidding prices. All clarification requests from the bid-soliciting
party and the replies from the bidders must be made in writing. An explanation
by the bidder that leads to a change of the proposed bidding price shall not be
considered. The bid-soliciting party shall have to keep all papers requesting
the clarification and relevant explanations.
Article 9.- Deadline for
bid submission and period of validity of bidding dossiers.
Is amended as follows:
The bid-soliciting party must state clearly in
the tendering dossier the deadline for bid submission and the period of
validity of bidding dossiers. The deadline for bid submission shall depend on
the size and the complexity of the bidding package, but must not exceed 90 days
from the date of issuance of the tendering dossier. In special cases where the
bid-soliciting party needs to amend some points in the tendering dossier before
the bid submission period expires, the deadline for bid submission may be
extended. The proposed amendments must be made in writing and sent by the
bid-soliciting party to all participating bidders at least 10 days before the
deadline for bid submission so that the bidders may complete their bidding
dossiers.
The period of validity of a bidding dossier is
counted from the bid submission deadline to the date when the bid winner is
announced. In case of extention of the period of validity of bidding dossiers,
the bid-soliciting party must notify the bidders thereof. If the bidders refuse
to accept the extension, the bid securities shall be returned to them.
Article 10.- Bid opening,
classification and selection of bidders and announcement of bidding results.
Item 1 of this Article is amended as follows:
1. Bid opening: The bidding dossiers submitted
on time shall be accepted and managed by the bid-soliciting party in accordance
with the regulations on the keeping of confidential documents. The bid opening
shall be conducted openly according to the date, time and place stated in the
tendering dossier. The representatives of the bid-soliciting party and of the
participating bidders (if any) must affix their signatures to the bid opening
report.
The bid opening report must clearly indicate the
name of the bidding package, the date, time and place of the bid opening, the
names and addresses of the bidders, the bidding prices (except bids for
consultancy selection), bid securities (if any), the amended or supplemented
documents and other details.
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Article 22.- Evaluation,
classification of bidders and submission of the bidding result for approval.
The following Item 4 is added:
4. With regard to bidding packages for the
procurement of materials and equipment valued at 100 billion VND and more,
whether it is a one-dossier bag bidding, two-dossier bag bidding or two-phase
bidding, the evaluation of bidding dossiers must be conducted in two steps:
- Step 1: Technical evaluation to make a
shortlist.
The bid-soliciting party shall request the
bidders to submit their technical solutions so that it may consider and
negotiate separately with each bidder to reach agreement on technical
requirements and criteria and the bidders may prepare and submit their official
technical dossiers.
After supplementing and completing their technical
solutions according to the bid-soliciting party�s requests, the bidders shall
submit their formal dossiers together with technical solutions. The
bid-soliciting party shall make a shortlist.
- Step 2: Evaluation of financial capability of bidding
dossiers of the shortlist for comparison and classification of the bidders.
The bidders on the shortlist shall submit their
formal dossiers together with financial offers. The bid-soliciting party shall
evaluate the result of evaluation of the financial offers for comparison and
classification of the bidders.
The bid-soliciting party may request the bidders
to offer other bidding prices. The bid-soliciting party shall not directly
negotiate with the bidders but send open letters to them.
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Now amended as follows:
A bidding dossier for construction and
installation contains:
- Application for the bidding.
- A copy of the business license or practicing
certificate.
- Documents showing the bidder’s capability.
- Measures for overall construction and measures
for construction of specific parts of the project.
- Organization of the construction and the
contract performance time-table.
- Bidding price estimate.
- Bid security.
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Now supplemented and amended as follows:
1. To ratify the tendering dossier, criteria for
the evaluation of bidding dossiers and the list (shortlist) of bidders invited
to the bidding.
2. To ratify the results of the selection of
bidders.
3. To inspect and direct the bid-soliciting
party to strictly observe the Regulation on Bidding.
4. To ratify the contract.
5. To inspect and direct the bid-soliciting
party in signing the contract and organizing its performance with the bid
winning party.
With regard to Group A investment projects
funded by State capital (as prescribed in the Regulation on the Management of
Investment and Construction), the Prime Minister shall assign the ministers,
the presidents of the People�s Committees of the provinces and cities directly
under the Central Government and the heads of the competent agencies to carry
out provisions at Points 1, 3, 4 and 5 of this Article.
Article 43.- Ratification
and mandated ratification of the bidding results.
Item 2 of this Article is now amended as
follows:
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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet