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THE NATIONAL RESERVE
DEPARTMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No: 08/1999/QD-CDTQG
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Hanoi, March 25, 1999
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DECISION
PROMULGATING THE REGULATION ON BIDDING FOR THE PURCHASE/SALE
OF NATIONAL RESERVE SUPPLIES-EQUIPMENT
DIRECTOR OF THE NATIONAL RESERVE DEPARTMENT
Pursuant to the Government’s Decree No. 66/CP
of October 18, 1995 on the functions, tasks, powers and organizational
structure of the National Reserve Department;
Pursuant to the Government’s Decree No. 10/CP of February 24, 1996 on the
promulgation of the Regulation on National Reserves Management;
At the proposals of the head of the Legal Section and the head of the Planning
Section,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on bidding for the
purchase/sale of national reserve supplies-equipment.
Article 2.- This
Decision takes effect after its signing. All previous regulations contrary to
this Decision are now annulled.
Article 3.- The Section
heads, the chief inspector, the chief of the Department’s Office and members of
the Bidding Council shall have to implement the Regulation attached herewith.
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DIRECTOR OF THE
NATIONAL RESERVE DEPARTMENT
Ngo Xuan Hue
REGULATION
ON BIDDING FOR PURCHASE/SALE OF NATIONAL RESERVE
SUPPLIES-EQUIPMENT
(Issued
together with Decision No. 08/1999/QD-CDTQG of March 25, 1999 of the Director
of the National Reserve Department)
Chapter I
GENERAL PROVISIONS
Article 1.-
Interpretation of terms:
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1. "Bidding" for the purchase/sale of
national reserve supplies-equipment means a process of selecting bidders who
meet the requirements of the bid solicitors.
2. "The bid solicitor" is the National
Reserve Department or its attached unit(s), which buys and/or sells national
reserve supplies-equipment under the annual plans by mode of bidding.
3. "The bidder" means organizations
and/or individuals that are qualified for participation in the bidding for the
purchase/sale of national reserve supplies-equipment.
4. "Bidding package" means the volume
(quantity or weight) of supplies-equipment with certain quality criteria, which
is divided according to the capability and purchase/sale terms of the bid
solicitor. A bidding package may be a part or whole of the volume of each list
of commodities that need to be purchased/sold, at each location.
5. "Bidding dossier" means all
documents, tables and forms sent by the bid solicitors to bidders. In a bidding
dossier, all requirements and conditions for the purchase/sale of national
reserve supplies-equipment (Point 2, Article 8) must be fully stated.
6. "Bid" means all the official
documents of the bidders sent to the bid solicitors, clearly stating their
capabilities to meet the bid solicitors’ requirements and conditions on
purchase/sale of national reserve goods (Point 3, Article 8).
7. " Bid submission" means the
submission of bids by bidders at the locations and within the time limits
provided for in the bid invitation notice.
8. "Bid price" means the sum of
Vietnam dong (VND) per calculation unit (kg, piece, set, machine) written by
the bidders in their price schedule submitted to the bid solicitor within the
prescribed time limit and according to set form.
* Particularly for cases of purchasing goods
imported in foreign currency(ies), the bidders shall base themselves on the
exchange rate between VND and the foreign currency(ies) paid for the import of
goods, which is announced by the State Bank of Vietnam or the competent agency
at the time the bidding is organized, to determine the bid price. Such exchange
rate shall also serve the bid evaluation price and inscribed in the record of
bids opening and the declaration of bid winning for each bidding package.
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9. "The bid evaluation price" is the
amount of VND per calculation unit (kg, piece, set, machine’) decided by the
director of the National Reserve Department on the basis of prices prescribed
by the Government Pricing Committee: the flooring price (for sale by the bid
solicitor), the ceiling price (for purchase by the bid solicitor).
10. "Bid opening" means the opening of
bids and price schedules offer at the time fixed in the bidding notices, which
is effected by the Bidding Council.
11. "The bid winner" is the bidder
selected under Article 17 of this Regulation, which has been approved by the
director of the National Reserve Department.
Article 2.- Scope of
application:
This Regulation shall apply to the purchase/
sale of national reserve supplies-equipment under the annual plans already
ratified by the Prime Minister.
For cases where national reserve
supplies-equipment are imported/exported by other decisions of the Government,
the specific regulations shall apply.
Article 3.- Bidding
forms and applicable modes:
1. Bidding forms: One of the three following
forms shall apply:
a) Unrestricted bidding.
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c) Appointed bidding.
Particularly the restricted bidding and the appointed
bidding shall apply only to special cases decided by the director of the
National Reserve Department.
When the bid opening is organized following the
announcement on invitation for bids as prescribed, the number of bidders
participating in the bidding is unrestricted.
2. Applicable modes:
a) One dossier bag- bidding (one envelop):
Shall apply when the bid solicitor sells goods.
When participating in the bidding by this mode,
bidders shall submit their bids including the price schedule) in one dossier
bag.
b) Two dossier bag-bidding (two envelops):
Shall apply when the bid solicitor purchases
goods.
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Chapter II
ORGANIZATION OF BIDDING
Article 4.- The bidding
organizer shall be the National Reserve Department or its attached units
authorized by the director of the Department.
Article 5.- Bidding
principles:
1. The bidding is organized openly and equally
among bidders in term of their interests and obligations.
2. Organizations and/or individuals relating to
the organization of bidding and the selection of bids shall have to keep secret
all relevant information during the bidding process.
3. The bid solicitor and the bid winner shall
have to strictly fulfill their commitments on the purchase/sale of goods
according to the bidding results through economic contracts.
Article 6.- The Bidding
Council:
1. Organization and composition:
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2. Working principles:
Members of the Bidding Council shall work on the
part-time basis.
When settling matters, the Bidding Council shall
have to base itself on the bidding regulations and decisions of the director of
the National Reserve Department concerning the organization of the bidding. The
bidding results shall be announced by the chairman of the Bidding Council and
shall be legally valid only after they are ratified by the director of the
National Reserve Department.
A meeting of the Bidding Council must be
attended by at least 2/3 of its members. The Bidding Council’s decisions must
be approved by more than half of its members. In cases where opinions are
divergent, the Council chairman shall reserve it and report to the Department
director for decision.
The contents of meetings on bidding must be
recorded in writing and kept according to the dossiers and documents- keeping
regime prescribed by the State.
3. Tasks:
The Bidding Council is tasked to work out
programs and plans and organize the whole process of bidding, including:
- Drawing up plans and preparing the bidding
dossiers.
(The detailed list of bidding packages with
types, specifications, quantity, weight, quality, location; bidding invitation
notice; set form of application for bid participation by bidders; determining
the criteria for bid evaluation and points scale; time limits for bid
submission and opening; the duration of validity of bids; instructions and
reply to questions of bidders; determining the bid security and performance
security other matters if any).
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The bids, after being opened, shall not be
returned to bidders and shall be archived according to the State’s regulations
on archives.
- Examining the validity of bids, scrutinizing
bidders’ qualifications for bid participation, opening bids according to
schedule, evaluating bidding results as prescribed.
- Making bid opening record and publicizing it.
Article 7.- Conditions
for bidding participation:
Each bidder shall have to submit bids as
required by each bidding package. A bidder may participate in one or several
bidding packages, but submit only one bid for each bidding package.
Bidders participating in a bidding shall have to
meet the following conditions:
1. For import goods (purchased by the bid
solicitor):
a) Having the establishment decision granted by
the competent State body.
b) Having the production/business license as
prescribed by current law.
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d) Having full financial capability to
participate in the bidding.
e) Having filed bids to the bid solicitor in
accordance with this Regulation.
f) Having made deposits for bid security and
bidding organization expenses.
2. For export goods (sold by the bid solicitor):
The bidders have demand to buy
supplies-equipment and meet all conditions prescribed in Clauses d, e and f of
Point 1 above.
Article 8.- Bidding
notice, bidding dossiers and bids
1. Bidding notice must conform to the bidding
form and contain the following principal contents:
a) Name and address of the bid solicitor;
b) The requirements on the list, type,
specifications, code, country producer, quantity, quality, catalogue, location
of supplies-equipment.
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d) Time-limit, location and procedures for
receipt of bids;
e) Time-limit, location and procedures for bid
submission;
f) Time (hour, day, month, year) and location
for organizing the bid opening;
g) Instructions for inquiry into bids.
2. The bidding dossier includes:
a) The bidding notice;
b) Form of application for bid participation;
c) Conditions on goods delivery and receipt
schedule and mode;
d) Financial conditions and mode of payment;
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e) Form of price schedules;
f) Other instructions related to the bidding.
3. The bid includes:
a) The application for bid participation
(stating the commitment on the list, quantity, quality, specifications, code,
original catalogue and its Vietnamese translation of the goods, goods delivery
and receipt schedule and mode, payment mode,);
b) Price schedule;
c) The (notarized) copy of the decision on the
establishment of the unit;
d) The certification of the deposit amounts;
e) Other commitments (if any);
f) Other relevant dossiers prescribed by the
Bidding Council.
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1. Time-limits for bid submission and bid
opening: are provided for in the bidding notice. Within the bid submission
time-limit, bidders shall have to submit all the prescribed dossiers to the bid
solicitor.
Bids submitted beyond the prescribed time-limit
shall not be accepted and be immediately returned intact to bidders.
2. Time-limit for bid opening: Within 5 days
after the expiry of the bid submission time-limit, the bid opening must be
organized.
3. The duration of validity of bids is the
duration from the date the bid submission time-limit expires till the date the
bid winning result is announced.
Article 10.- Amending
bids
1. Bidders are not allowed to amend, replace or
withdraw their bids after the expiry of the bid submission time-limit.
In the process of bid evaluation and comparison,
the bid solicitor may request bidders to clarify matters related to their bids.
The bid solicitor’s request and the replies by bidders must be made in writing.
2. In cases where the bid solicitor amends a
number of contents in the bidding dossiers, the bid solicitor shall have to
send the written amended contents to all bidders before the bid submission
deadline but have to spare enough time for the bidders to supplement their
bids.
Article 11.- Bid
participation deposit:
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The bid security shall be returned to the
unsuccessful bidders immediately, if it is deposited in the bid solicitor’s
fund, or within 05 days after the bid opening result is available if it is
deposited at the State Treasury. For the bid winner, the bidding shall be
transferred into the security for contract performance.
Article 12.- The
contract performance security:
The deposit to ensure the contract performance
is the sum of money transferred from the bid winner’s bid participation deposit
in the bid solicitor’s account opened at the State Treasury or directly in the
fund of the bid solicitor (that will submit this sum of money into the State
Treasury).
Article 13.- Bid
opening:
1. Bids submitted on time shall be publicly
opened by the bid solicitor at the time and place stated in the bidding notice.
Bidders may attend the bid opening. If their
representatives are sent to attend, such representatives must be the persons
who have the responsibility and competence and can decide on spot matters
related to the bidding.
Article 14.- Bid
opening record:
When opening bids, the bid solicitor and the
bidders (or their representatives) shall have to sign the bid opening record.
The bid-opening record must clearly state the
name of the bidding package, the list, type, specification, quantity, quality’;
the time, date and location of the bid opening; names and addresses of bidders;
bid evaluation price, bid price; bid security; amended and supplemented
documents and other relevant details (if any).
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1. Bid participation conditions, the validity of
bids as prescribed. Bidders who fail to fully meet conditions and bids which
are invalid shall be eliminated (without returning the bids).
2. The bid solicitor shall request bidders to
clarify unclear contents in their bids, which must be made in writing.
Article 16.- Bids
evaluation and comparison:
1. All valid bids shall be evaluated and
compared by the bid solicitor on the basis of the criteria: the quality, the
financial and professional capabilities, price, implementation tempo and other
necessary criteria.
2. The criteria stipulated in Clause 1 of this
Article shall be evaluated by method of point giving according to a point scale
in order to classify the list of bidders. The standard point scale shall be stipulated
by the Bidding Council before the bid opening.
Article 17.-
Classification, selection and approving results:
1. Based on the results of evaluation of bids,
the Bidding Council shall classify bidders by the prescribed method.
2. The bid winning results shall be decided on
the basis of the requirements stated in the bidding notice. The bid winner
among bidders who have met the bidding requirements shall be the one that has
the lowest bid price offer in his/her/its price schedule (when the bid solicitor
purchases goods) or has the highest price offer (when the bid solicitor sells
goods) as compared to the bid evaluation price.
3. In cases where many bidders have all met the
bid solicitor’s requirements and have the same bid price, the bidding package in
negotiation shall be divided among bidders or the lots shall be drawn to select
the bid winner.
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5. In cases where no bidder participates in the
bidding, or no bidder meets the bid solicitor’s requirements or where the
bidding regulation is violated, thus making the bidding unfruitful, the
chairman of the Bidding Council shall send report and propose settling measures
to the director of the National Reserve Department for consideration and
decision.
Article 18.- The bid
winner shall have the responsibility:
1. Within 3 days, to sign the principled
contract with the Department (when the bid solicitor purchases goods) or
receive the order on goods sale (when the bid solicitor sells goods).
2. Within 7 days, to sign the contract for goods
purchase/sale with the unit designated by the bid solicitor in strict
accordance with the Ordinance on Economic Contracts promulgated on September
25, 1989 and the Regulation on Management of National Reserve Goods.
Particularly for import goods: Within 30 days,
the bidder shall have to produce the foreign trade contract and L/C to the bid
solicitor.
3. To effect the goods delivery/receipt and
payment according to time schedule as committed.
4. If the bid winner fails to satisfy one of the
conditions mentioned above, he/she/it shall be considered having cancelled the
commitment at his/her/its own will. Such bidder’s contract performance security
shall not be returned thereto but shall be remitted into the State budget due
to the breach of contract. The bid solicitor shall select the runner-up bidder
according to the bid-opening results, provided that the bid price offer of this
bidder lies within the bid evaluation price bracket.
Article 19.- Contracts
for purchase/sale of national reserve supplies-equipment:
1. A contract for the purchase/sale of national
reserve supplies-equipment shall include the following principal contents:
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- Quantity.
- Quality.
- Price.
- Mode of payment.
- Location, mode, time and tempo of goods
delivery and receipt.
- Each party’s responsibility for the
performance of the contract.
- Liability for breach of the contract.
Besides, the parties may agree on other contents
in the contract, which are, however, not contrary to the current law
provisions.
2. The price stated in the contract is the bid
winning price.
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The bid solicitor may collect fees to cover the
expenses for organizing the bidding such as the costs of printing documents,
books, information’; the collection levels shall be stipulated by the bid
solicitor. The bidders shall have to pay the bidding fees when submitting their
bids.
Where the bidding has to be reorganized, the
bidders who have already paid the bidding fees shall not have to pay any more.
If the fault is committed by the collective or individuals of the bidding organizing
agency, the expenses for organizing the bidding shall be borne by such
collectives or individuals.
Chapter III
INSPECTION, EXAMINATION
AND HANDLING OF VIOLATIONS
Article 21.-
Inspection, examination and handling of violations:
1. The Inspectorate of the National Reserve
Department shall examine the organization of bidding for the purchase/sale of
national reserve supplies-equipment; inspect acts of violating the Bidding
Regulation.
2. All acts of non-observance of the Bidding
Regulation in such forms as disclosure of secrete dossier, documents and
information, collusion, taking bribe in the process of bidding shall be
considered acts of causing economic damage and must be handled as follows:
- If the bidders committed the violation, they
shall be eliminated from the list of bidders and shall not be entitled to get
back their bid security. If the violation cause serious losses, they shall be
handled according to law.
- If the bid solicitor committed the violation,
the bidding results shall be cancelled. The director of the National Reserve
Department shall direct the re-organization of the bidding. If members of the
Bidding Council committed the violations they shall be eliminated from the list
and administratively disciplined or handled according to law, depending on the
seriousness of the violation.
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Chapter IV
IMPLEMENTATION PROVISIONS
Article 22.-
Organization of implementation: The Section heads, the chief inspector, the
chief of the Department’s Office and members of the Bidding Council shall have
to implement this Regulation. If any problems arise in the course of
implementation, they are requested to report to the director of the National
Reserve Department for consideration, proper amendments and supplements.
Article 23.-
Implementation effect:
This Regulation takes effect after its signing.
All previous regulations contrary to this Regulation shall be annulled.
DIRECTOR OF THE
NATIONAL RESERVE DEPARTMENT
Ngo Xuan Hue