|
THE MINISTRY OF
PLANNING AND INVESTMENT
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No.
09/2020/TT-BKHDT
|
Hanoi, November
27, 2020
|
CIRCULAR
ON
GUIDELINES FOR PREPARATION OF BIDDING DOCUMENTS FOR PROCUREMENT OF GOODS UNDER
COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS-PACIFIC PARTNERSHIP
Pursuant to the Law on Public Procurement dated
November 26, 2013;
Pursuant to Resolution No. 72/2018/QH14 dated November
12, 2018 of the National Assembly on ratification of Comprehensive and
Progressive Agreement for Trans-Pacific Partnership and relevant documents;
Pursuant to the Government’s Decree No.
95/2020/ND-CP dated August 24, 2020 on guidelines for procurement under
Comprehensive and Progressive Agreement for Trans-Pacific Partnership;
Pursuant to the Government's Decree No.
86/2017/ND-CP dated July 25, 2017 defining the functions, tasks, entitlements
and organizational structure of the Ministry of Planning and Investment;
At the request of Director of Public Procurement
Agency;
The Minister of Planning and Investment
promulgates a Circular on guidelines for preparation of bidding documents for
procurement of goods under Comprehensive and Progressive Agreement for
Trans-Pacific Partnership (hereinafter referred to as CPTPP).
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
This Circular set forth preparation of bidding
documents for procurement of goods under Article 1 of the Government’s Decree
No. 95/2020/ND-CP dated August 24, 2020 on guidelines for procurement of goods
under CPTPP (hereinafter referred to as Decree No. 95/2020/ND-CP).
Article 2. Regulated entities
This Circular applies to organizations and
individuals engaging in or involving in the selection of Bidders of procurement
of goods under scope of regulation prescribed in Article 1 hereof.
Article 3. Application of form
of bidding documents for procurements of goods
1. Application of form of bidding documents:
a) Form of bidding documents for procurement of
goods No. 01 (Form No. 01) applicable to open tendering packages under
single-stage and one-envelope bidding procedure;
b) Form of bidding documents for procurement of
goods No. 02 (Form No. 02) applicable to open tendering packages under
single-stage and two-envelope bidding procedure.
2. Upon preparation, appraisal and approval for
bidding documents for procurement of goods, the relevant entities must:
a) Establish suitable requirements based on the
scope and nature of each package and the rules of competition, fairness,
transparency and economic efficiency;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) In case of intra-regional bidding, the bidding
documents must specify that the intra-regional bidder may only offer goods
originating in the Parties that make a bid. The Party is a country that meets
the following requirements:
- It has signed the CPTPP on March 8, 2018;
- At the time of approval for the bidding
documents, CPTPP is effective in that country;
d) Refrain from establishing conditions intended to
limit the participation of the bidders or make an advantage for one or certain
bidders for unfair competition, such as describing specific make and origin of
the good, including naming the a country, group of countries, or territory as a
discriminatory practice, except for intra-regional bidding as prescribed in
Articles 4 and 15 of Decree No. 95/2020/ND-CP and point c of this clause;
refrain from establishing a requirement that the bidder has performed one or
multiple contracts with a procuring entity of a country, territory or the
bidder must have experience in supply of the good or service in the territory
of the country or territory as a criterion for disqualification of the bidder.
In case it is impossible to give the detailed
description of technical features, technological design and standards,
trademarks and catalogues of specific products should be shown as a reference
or illustration of technical requirements of these products, but the remark
"or equivalents” should be printed at the back side of these trademarks
and catalogues, and contents of technical features, operational functions, technological
standards equivalent to those of these products as well as other information
(if any) should be clearly stated, except for information about origin of
goods.
dd) If there is any modification to the form of
bidding documents, the entities in charge of preparation, appraisal, and
approval for the bidding documents must ensure that modification makes the form
of bidding documents more appropriate, logical and well organized and not
contravention with CPTPP. The request for approval for bidding documents must
specify the modifications compared to original form of bidding documents and
reasons thereof for the investor to consider.
3. Regarding a package of procurement of goods
applying limited tendering, for reference purpose, the form of bidding
documents may be modified.
Article 4. Sale permit of
producers
1. Regarding common and available-on-market goods
which are standardized and under warranty as recommended by the producer, the
bidder is not required to submit a sale permit or sale authorization issued by
the producer or a certification of joint venture relationship or any other
equivalent documents (hereinafter referred to as sale permit).
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
If the bidder fails to enclose a sale permit
together with the bid, the bid may still be considered further for contract
award. The failure to enclose a sale permit as required by the bidding
documents does not constitute a ground for disqualification of the bidder. If
the bidder wins the bid, the bidder must present the sale permit before signing
the contract and be liable for the accuracy of any document or information
provided. If the bidder fails to present a sale permit to sign the contract,
the next ranked bidder shall be invited to enter into negotiation of the
contract.
3. If the content of the sale permit does not meet
the requirements in the bidding documents, the procuring entity must require the
bidder to clarify it as the ground for the contract award and also authorize
the bidder to replace or supplement information in the sale permit.
4. If any producer or distributor in Vietnam’s
territory knowingly refuses to provide a sale permit the a bidder without
justifiable reasons and not in accordance with regulations of law on trade and
competition, which brings advantage or monopoly to another bidder, the former
bidder may report it to the Ministry of Industry and Trade for further actions.
Article 5. Requirement for
supply of samples
1. Regarding common and available-on-market
goods which are standardized, the bidder is not required to supply samples.
2. Regarding particular or complex good that the
investor or procuring entity may not identify the shape, model of the good and
it needs individual and separate manufacture, the bidders may be required to
supply samples to prove the specifications of the good. If the bidders are
required to supply samples, the request for approval for bidding documents must
specify reasons for the investor to consider. The investor and procuring entity
must ensure the supply of samples will not cause an increase in the costs of
the package, limit the participation of the bidders or bring an advantage to
one or certain bidders, which causes an unfair competition.
3. If the bidding documents require supply of
samples, the bidder may supply samples after the deadline for submission of the
bids.
Article 6. Requirement for
mobilization of personnel for performance of package
1. Regarding the work related to supply of the
good, the bidding documents may not require mobilization of key
personnel.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. If the bidding documents require mobilization of
key personnel, in the bid, the bidder must prove their capacity to mobilize key
personnel proposed to perform the package to meet the requirements of the
bidding documents. The key personnel may be on the payroll of the bidder or
mobilized by the bidder. If the key personnel proposed by the bidder have not
met the requirements of the bidding documents; the expert group or procuring
entity needs to require the bidder to replace another person within a given
time for further consideration without immediate disqualification of the bid.
In any circumstance, the bidder must undertake that details about resumes and
experience of the key personnel are true.
Article 7. Contract
1. The contract primarily applied to the
procurement of goods is a lump sum contract. If the good is particular or
complex and large-scale and the time for performance of the contract is more
than 18 months, the adjustable unit price contract may apply. In a case where
an adjustable unit price contract applies, the bidding documents must specify
the price escalation formula; during the performance of the contract, if there
is a change in unit price which needs an adjustment, the bidder must prove
factors which lead to such change.
2. The bidding documents shall consist of contract
agreement form and terms and conditions of the contract as the basis for bid
proposal and negotiation, finalization, conclusion and execution of contract.
3. The arbitrary termination of contract specified
in Section 29.3 General Conditions of Contract in the form of bidding documents
issued herewith may be done with the authorization of the competent person with
good reasons.
4. The contract concluded between the investor and
the contractor must be made in accordance with contract agreement form and
conditions of contract in the bidding documents, contract amendments proposed
by the investor and approved by the investor in the progress of negotiation and
finalization of contract in accordance with law on bidding, CPTPP and relevant
law provisions.
Article 8. Implementation
1. This Circular comes into force from January 15,
2021.
2. Regarding packages under scope of regulation of
CPTPP in which the bids have been opened before effective date of this
Circular, the bid evaluation and consideration for contract award shall be done
in accordance with the bidding documents and not in contravention with CPTPP.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Regarding packages under scope of regulation of
CPTPP in which the bidding documents have been approved before effective date
of this Circular but the bidding documents have not been issued, the forms of
bidding documents issued herewith shall be modified.
5. The entities listed in the Appendices of Decree
No. 95/2020/ND-CP 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