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THE MINISTRY OF
PLANNING AND INVESTMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
05/2020/TT-BKHDT
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Hanoi, June 30,
2020
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CIRCULAR
ON AMENDMENTS TO CERTAIN
ARTICLES OF CIRCULAR NO. 04/2017/TT-BKHDT DATED NOVEMBER 15, 2017 OF THE
MINISTRY OF PLANNING AND INVESTMENT ON GUIDELINES FOR SELECTION OF BIDDERS
THROUGH NATIONAL BIDDING NETWORK SYSTEM
Pursuant to the Law on Bidding dated November
26, 2013;
Pursuant to the Law on Electronic Transactions
dated November 29, 2005;
Pursuant to the Government's Decree No.
63/2014/ND-CP dated June 26, 2014 on guidelines for the Law on Bidding in terms
of selection of bidders;
Pursuant to the Government's Decree No. 86/2017/ND-CP
dated July 25, 2017 on functions, tasks, powers and organizational structure of
the Ministry of Planning and Investment;
Pursuant to the Circular No. 04/2017/TT-BKHDT
dated November 15, 2017 of the Ministry of Planning and Investment on guidelines
for selection of bidders through National bidding network system;
At the request of the Director of Department of
Public Procurement;
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Article 1. Amendments to the Circular No.
04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and
Investment on guidelines for selection of bidders through National bidding
network system:
1. Clause 8 is added to Article 14 as follows:
“Form No. 08: Form of Bidding Documents applies to procurements
of non-consulting services in the form of e-competitive bidding under
single-stage and two-envelope bidding procedure.” Form No. 08 is appended to
Appendix of this Circular.
2. Clause 8 Article 15 is amended as follows:
“Regarding process 01 in point a clause 6 Article
15 of this Circular, the expert group will employ the form No. 01A issued
together with Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of the
Ministry of Planning and Investment to make a report on evaluation of e-Bid. “Regarding
process 02 in point b clause 6 Article 15 of this Circular, the expert group
will employ the form No. 01B issued together with Circular No. 05/2018/TT-BKHDT
dated December 10, 2018 of the Ministry of Planning and Investment to make a
report on evaluation of e-Bid.”
3. Clause 9 is added to Article 15 as follows:
“Regarding procurement of works, the bidder may
decide whether append a certificate of eligibility for construction activities
in the e-Bid or not, even when e-Bid so requires. The failure to append such a
certificate of eligibility for construction activities shall not cause the
bidder to be disqualified. The bidder shall be further considered and evaluated
for contract award. In case of winning the bid, the bidder must present the
certificate of eligibility for construction activities before the contract
award".
4. Article 16 is amended as follows:
“With regard to the process 01 prescribed in Point
a Clause 6 Article 15 of this Circular, Procuring Entity shall, according to
report on evaluation of e-Bid sent by the expert group, submit the list of
ranked bidders using form in Appendix 2A issued together with Circular No.
05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and
Investment.”
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“a) Regarding procurement of non-consulting
services, procurement of goods or works, the expert group will employ Part I
Form 02 issued together with Circular No. 05/2018/TT-BKHDT dated December 10,
2018 of the Ministry of Planning and Investment to make a report on evaluation
of e-Technical Proposal.
b) Regarding procurement of consulting services,
the expert group will employ Part I Form 03 issued together with Circular No.
05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and Investment
to make a report on evaluation of e-Technical Proposal.
c) According to the report on evaluation of
e-Technical Proposal issued by the expert group, Procuring Entity shall submit
the list of technically-responsive bidders in accordance with Appendices 1A, 1B
issued together with Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of
the Ministry of Planning and Investment.”
6. Clause 2 Article 32 is amended as follows:
“a) Regarding procurement of non-consulting
services, procurement of goods or works, the expert group will employ Part II
Form 02 issued together with Circular No. 05/2018/TT-BKHDT dated December 10,
2018 of the Ministry of Planning and Investment to make a report on evaluation
of e-Technical Proposal.
b) Regarding procurement of consulting services,
the expert group will employ Part II Form 03 issued together with Circular No.
05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and
Investment to make a report on evaluation of e-Technical Proposal.
c) The Employer considers approving the list of
ranked bidder using the Appendix 2B issued together with Circular No.
05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and
Investment.”
7. Section 2.4 Chapter I of e-Bidding Documents of
procurement of works under single-stage and one-envelope bidding procedure,
e-Bidding Documents of procurement of goods under single-stage and one-envelope
bidding procedure, e-Bidding Documents of procurement of non-consulting
services under single-stage and one-envelope bidding procedure, e-Bidding
Documents of procurement of works under single-stage and two-envelope bidding
procedure, e-Bidding Documents of procurement of goods under single-stage and
two-envelope bidding procedure, e-Bidding Documents of procurement of consulting
services issued together with the Circular No. 04/2017/TT-BKHDT, are annulled.
8. Section 5.5 Chapter I of e-Bidding Documents of
procurement of works under single-stage and one-envelope bidding procedure,
e-Bidding Documents of procurement of goods under single-stage and one-envelope
bidding procedure, e-Bidding Documents of procurement of non-consulting
services under single-stage and one-envelope bidding procedure, e-Bidding
Documents of procurement of works under single-stage and two-envelope bidding
procedure, e-Bidding Documents of procurement of goods under single-stage and
two-envelope bidding procedure, e-Bidding Documents of procurement of
consulting services issued together with the Circular No. 04/2017/TT-BKHDT, are
amended as follows:
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In case of Joint Venture, every JV’s Party must
meet all requirements mentioned above”.
9. Section 8 Chapter I of e-Bidding Documents of
procurement of works under single-stage and one-envelope bidding procedure,
e-Bidding Documents of procurement of goods under single-stage and one-envelope
bidding procedure, e-Bidding Documents of procurement of non-consulting
services under single-stage and one-envelope bidding procedure issued together
with the Circular No. 04/2017/TT-BKHDT, are amended as follows:
“E-Bidding Document will be delivered free of
charge after it is successfully posted on the System. The bidder shall bear all
costs associated with preparation of e-Bid. Submission fee for e-Bid under
competitive bidding is VND 330,000 (tax included), under shopping method is VND
220,000 (tax included). In any circumstance, Procuring Entity shall bear no
cost associated with the making of bid by the bidder.”
10. Section 20.1 Chapter I of e-Bidding Documents
of procurement of works under single-stage and one-envelope bidding procedure,
e-Bidding Documents of procurement of goods under single-stage and one-envelope
bidding procedure, e-Bidding Documents of procurement of non-consulting
services under single-stage issued together with the Circular No.
04/2017/TT-BKHDT, are amended as follows:
“Procuring Entity shall open bids on the System
upon the bid opening time. If fewer than 3 e-Bids are submitted, Procuring
Entity shall open them right away without resorting to clause 4 Article 117 of
Decree No. 63/2014/ND-CP. If no e-Bid is submitted, Procuring Entity requests
Employer to consider extending the deadline for submission of e-Bids or
re-holding e-selection of preferred bidders”.
11. Section 20.1 Chapter I of e-Bidding Documents
of procurement of works under single-stage and two-envelope bidding procedure,
e-Bidding Documents of procurement of goods under single-stage and two-envelope
bidding procedure and Section 19.1 Chapter I e-Bidding Documents of procurement
of non-consulting services issued together with the Circular No.
04/2017/TT-BKHDT, are amended as follows:
“Procuring Entity shall open e-Bids on the System
upon the bid opening time. If fewer than 3 e-Bids are submitted, Procuring
Entity shall open them right away without resorting to clause 4 Article 117 of
Decree No. 63/2014/ND-CP. If no e-Bid is submitted, Procuring Entity requests
Employer to consider extending the deadline for submission of e-Bids or
re-holding e-selection of preferred bidders”.
12. Section 4.3 Chapter III of forms of e-Bidding
Documents of procurement of goods under single-stage and two-envelope bidding
procedure issued together with the Circular No. 04/2017/TT-BKHDT is amended as
follows:
From “in which technical-score rate accounts for
between 10% and 15%, and cost-score rate accounts for between 85% and 90%” to
“in which technical-score rate accounts for between 10% and 30%, and cost-score
rate accounts for between 70% and 90%”.
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“number of contracts = N or ≠ N, in which at
least 1 contract has minimum value of V and total value of all contracts ≥ X.
In which X = N x V”.
14. Point b Note 7 Form 3 (webform on the System)
Chapter IV of e-Bidding Documents of procurement of works under single-stage and
one-envelope bidding procedure, e-Bidding Documents of procurement of works
under single-stage and two-envelope bidding procedure, point b note 6 Form 3
(webform on the System) Chapter IV of e-Bidding Documents of procurement of
non-consulting services under single-stage and one-envelope bidding procedure,
point b note 8 Form 3 (webform on the System) Chapter IV of e-Bidding Documents
of procurement of goods under single-stage and one-envelope bidding procedure,
e-Bidding Documents of procurement of goods under single-stage and two-envelope
bidding procedure issued together with the Circular No. 04/2017/TT-BKHDT, are
amended as follows:
From “If the Bidder encloses a credit commitment
issued by a credit institution lawfully operating in Vietnam, which promises to
lend to the Bidder to perform the considered procurement with minimum amount
equivalent to the required value prescribed in criterion 2.3 Form 03 Chapter IV
during the contract duration, the Bidder shall be considered satisfying
financial requirements for the procurement and not required to declare
information using this Form 14 and Form 15” to “If the Bidder encloses a credit
commitment issued by a credit institution lawfully operating in Vietnam, which
promises to lend to the Bidder to perform the considered procurement with
minimum amount equivalent to the required value prescribed in criterion 2.3
Form 03 Chapter IV during the contract duration, the Bidder shall be required
to declaration information using Form 14 but not be required to declare
information using Form 15. In case of any discrepancy between the declaration
and credit commitment, the credit commitment enclosed with the e-Bid shall
prevail for the evaluation purpose”.
15. Note 8 Form 3 Chapter IV of e-Bidding Documents
of procurement of non-consulting services under single-stage and two- envelope
bidding procedure issued together with the Circular No. 04/2017/TT-BKHDT is
amended as follows:
“ (8) Mainly completed means completing at least
80% of the task quantity of the contract. For procurement of non-consulting
services whose work is repeated in cycles, which results in long periods of
contract performance, the determination of mainly completed contracts shall be
based on each cycle (each year) and calculated by the workload in a cycle (a
year) of that contract but not the total value of the contract over the years”.
16. Note 2 Form 05 Chapter IV of e-Bidding
Documents of procurement of works under single-stage and one-envelope bidding
procedure, e-Bidding Documents of procurement of goods under single-stage and
one-envelope bidding procedure, e-Bidding Documents of procurement of
non-consulting services under single-stage and one-envelope bidding procedure,
e-Bidding Documents of procurement of works under single-stage and two-envelope
bidding procedure, e-Bidding Documents of procurement of goods under
single-stage and two-envelope bidding procedure and Note 2 Form 01 Chapter IV
of e-Bidding Documents of procurement of consulting services issued together
with the Circular No. 04/2017/TT-BKHDT are amended as follows:
“The area of competence of authorization shall
include one or multiple tasks above. In case the contractor's legal
representative authorizes the director of branch, director of subsidiary
company which is dependent cost-accounting, director of enterprise, etc., the
making of bid on the System must be conducted with the digital certificate of
the bidder, not digital certificate of any branch, subsidiary company, or
enterprise, etc. For cases of using digital certificates of branches or
affiliated units (dependent cost-accounting) then the bidder will be deemed not
to have met the eligibility requirements under Section 5, Chapter I".
17. Note 1 Form 14 (webform on the System) Chapter
IV of e-Bidding Documents of procurement of works under single-stage and
one-envelope bidding procedure, e-Bidding Documents of procurement of goods
under single-stage and one-envelope bidding procedure, e-Bidding Documents of
procurement of non-consulting services under single-stage and one-envelope
bidding procedure, e-Bidding Documents of procurement of works under
single-stage and two-envelope bidding procedure, e-Bidding Documents of
procurement of goods under single-stage and two-envelope bidding procedure
issued together with the Circular No. 04/2017/TT-BKHDT are amended as follows:
From “If the Bidder encloses a credit commitment
issued by a credit institution lawfully operating in Vietnam, which promises to
lend to the Bidder to perform the considered procurement with minimum amount
equivalent to the required value prescribed in criterion 2.3 Form 03 Chapter IV
during the contract duration, the Bidder shall be considered satisfying
financial requirements for the procurement and not required to declare
information using this Form and Form 15” to “If the Bidder encloses a credit
commitment issued by a credit institution lawfully operating in Vietnam, which
promises to lend to the Bidder to perform the considered procurement with
minimum amount equivalent to the required value prescribed in criterion 2.3
Form 03 Chapter IV during the contract duration, the Bidder shall be required
to declaration information using this Form. In case of any discrepancy between
the declaration and credit commitment, the credit commitment enclosed with the
e-Bid shall prevail for the evaluation purpose.”
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1. This Circular comes into force as of September
1, 2020.
2. Regarding procurements e-Bidding Documents of
which have been posted on the national bidding network before effective date of
this Circular, the selection of preferred bidders shall be carried in
accordance with the issued e-Bidding Documents.
3. From the effective date of this Circular,
procurements e-Bidding Documents of which have been approved in accordance with
Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of
Planning and Investment but the e-Bidding Documents have been posted on the
national bidding network, such e-Bidding Documents must be modified in
accordance with this Circular.
4. From the effective date of this Circular, if the
procurement of non-consulting services under single-stage and two-envelope
bidding procedure is subject to e-selection of preferred bidders in accordance
with Article 29 of Circular No. 11/2019/TT-BKHDT dated December 16, 2019 of the
Ministry of Planning and Investment, but the approved plan for selection of
preferred bidder does not apply e-bidding and has not issued Bidding Documents,
such plan for selection of preferred bidder must be modified in compliance with
the e-bidding roadmap.
5. Depending upon the circumstances, Department of
Public Procurement, the Ministry of Planning and Investment may modify the
webforms on the System to enable parties to join e-selection of preferred
bidders, simplify administrative procedures, enhance competition, fairness,
transparency and economic efficiency in bidding and ensure state management of
bidding.
6. Ministries, ministerial-level agencies,
governmental agencies, other agencies of central government, the People’s
Committees and relevant entities shall implement this Circular. Difficulties
that arise during the implementation of this Circular should be reported to the
Ministry of Planning and Investment for consideration./.
MINISTER
Nguyen Chi Dung
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