Circular No. 04/2017/TT-BKHĐT provides detailed regulations on selecting contractors through the National Public Procurement System.

CIRCULAR

Regarding the detailed regulations on selecting contractors through electronic bidding as stipulated in Decision No. 43/2013/QH13 dated November 26, 2013 of the National Assembly;

the National Public Procurement System Network

                                                                                                                                                                                                                                                         

Pursuant to the Law onBased on the Law on Electronic Transactions No. 51/2005/QH11 dated November 29, 2005;

The Minister of Planning and Investment issues this Circular detailing the selection of contractors through the National Electronic Bidding System. committees of the National Assembly;

Pursuant to Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing implementation of certain provisions of the Law on Bidding regarding selection of contractors;

Pursuant to Decree No. 86/2017/NĐ-CP dated July 25, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

1. This Circular specifies the detailed regulations on selecting contractors through the National Electronic Bidding System ("electronic selection") for tender packages providing consulting services, non-consulting services, purchasing goods, construction and installation works within the scope regulated by the Bidding Law organized through open bidding and competitive tendering domestically in one-stage one-envelope and two-stage two-envelope procedures.

 

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

2. This Circular does not apply to tender packages divided into several parts. In cases where electronic selection needs to be applied to tender packages divided into several parts, each part must be separated into individual tender packages for contractor selection.

1. Organizations and individuals related to electronic selection within the scope regulated by Article 1 of this Circular.

Article 2. Applicability

2. Organizations and individuals engaged in bidding activities outside the scope regulated by Article 1 of this Circular may choose to apply the provisions of this Circular.

Article 3. Abbreviations

refers to the tender announcement and invitation to bid for tender packages subject to electronic selection.

1. E-TBMT refers to the tender documents, request for proposal, and price quotation form for tender packages subject to electronic selection.

2. E-HSMT refers to the bid submission, proposal, and quotation for tender packages subject to electronic selection.

3. E-HSDT refers to the technical proposal for tender packages subject to electronic selection under the one-stage two-envelope procedure.

4. E-HSĐXKT refers to the financial proposal for tender packages subject to electronic selection under the one-stage two-envelope procedure.

5. E-HSĐXTC Article 4. Application of Forms

1. Form No. 01 issued together with this Circular applies to small-scale construction and installation tender packages organized through open bidding and competitive tendering electronically in one-stage one-envelope procedure.

2. Form No. 02 issued together with this Circular applies to small-scale goods procurement tender packages organized through open bidding and competitive tendering electronically in one-stage one-envelope procedure.

3. Form No. 03 issued together with this Circular applies to small-scale non-consulting service tender packages organized through open bidding and competitive tendering electronically in one-stage one-envelope procedure.

4. Form No. 04 issued together with this Circular applies to construction and installation tender packages organized through open bidding electronically in one-stage two-envelope procedure.

5. Form No. 05 issued together with this Circular applies to goods procurement tender packages organized through open bidding electronically in one-stage two-envelope procedure.

6. Form No. 06 issued together with this Circular applies to consulting service tender packages organized through open bidding electronically.

7. Form No. 07 issued together with this Circular applies to tender packages organized through simplified competitive tendering.

Bid security measures

Article 5. 1. When participating in electronic bidding, contractors must implement bid security measures before the deadline for submitting bids in the form of a bank guarantee issued by a bank or credit institution legally operating in Vietnam. For banks and credit institutions that have connected to the National Electronic Bidding System (hereinafter referred to as the System), contractors shall submit bid security electronically. For banks and credit institutions that have not yet connected to the System, contractors shall scan the bank guarantee and attach it when submitting the E-HSDT. In this case, contractors must commit to submitting the original bid security according to the provisions of Clause 3 of this Article.2. Situations requiring submission of the original bid guarantee to the tenderer:

a) Contractors invited to negotiate the contract;

b) Contractors violating bidding laws leading to non-refund of bid security according to Clause 8, Article 11 of the Bidding Law.

3. Within five working days from the date of receiving the tenderer's request, if the contractor refuses to submit the original bid guarantee as requested by the tenderer, the contractor will be handled according to the commitment made in the bid submission form.

Specifications and size limits of attached files

to the System

Article 61. Files uploaded to the System by the tenderer and contractors must meet the following requirements: la) Must be in MS Word, MS Excel, PDF, CAD formats, image formats; font must be in Unicode encoding. In cases where files have large sizes, they need to be uploaded to the System in compressed file format *.zip, *.rar;

2. If the attached files in the E-HSDT are not created in the format specified in Clause 1 of this Article, leading to the tenderer being unable to open and read them, such files will not be considered or evaluated.

Technical handling in case of system failure beyond control

b) Not being infected with viruses, not having errors or damage, and not setting passwords.

In case of system failure requiring temporary suspension of service provision, tender packages with closing and opening times during the failure period will be extended as follows:

 

 

Article 71. If the failure is resolved and the system resumes operation between 00:00 and 12:00, the new closing and opening times will be 15:00 on the same day, except as provided in Clause 3 of this Article.

2. If the failure is resolved and the system resumes operation between 12:00 and 24:00, the new closing and opening times will be 09:00 on the next day, except as provided in Clause 3 of this Article.

3. If the failure is resolved and the system resumes operation on Saturdays, Sundays, or public holidays, the new closing and opening times will be 09:00 on the first working day after the holiday.

4. If the closing and opening times are extended according to Clauses 1, 2, and 3 of this Article, the evaluation of E-HSDTs will be based on the closing and opening times stated in the E-HSMT already uploaded to the System.

PROCEDURE FOR SELECTING CONTRACTORS THROUGH THE ELECTRONIC SYSTEM

ONE-STAGE ONE-ENVELOPE PROCEDURE

 

Chapter II

PROCEDURE FOR SELECTING CONTRACTORS

TENDER PACKAGES PROVIDING NON-CONSULTING SERVICES, GOODS PROCUREMENT, AND CONSTRUCTION AND INSTALLATION

 

Section 1

ORGANIZED THROUGH OPEN BIDDING AND COMPETITIVE TENDERING IN THE REGULAR PROCESS BEGAN ORGANIZED WIDESPREAD BIDDING, COMPETITIVE QUOTATION IN ACCORDANCE WITH REGULAR PROCEDURES

 

Article 8. Detailed Procedures

1. Preparation for selecting contractors, including:

a) Preparing the E-Tendering Document (E-HSMT);

b) Reviewing and approving the E-Tendering Document (E-HSMT).

2. Organizing the selection of contractors, including:

a) Publishing the E-Tender Notice (E-TBMT) and issuing the E-Tendering Document (E-HSMT);

b) Amending and clarifying the E-Tendering Document (E-HSMT);

c) Submitting the E-Tender Submission Document (E-HSDT);

d) Opening the tender.

3. Evaluating the E-Tender Submission Document (E-HSDT) and ranking contractors.

4. Negotiating, presenting, reviewing, approving, and publicly announcing the results of the contractor selection.

5. Finalizing and signing the contract.

Article 9. Components and File Format of the E-Tendering Document (E-HSMT)

1. The components of the E-Tendering Document (E-HSMT) include:

a) E-Tender Notice (E-TBMT);

b) Chapter I: Contractor Guidelines;

c) Chapter II: Bid Data Sheet;

d) Chapter III: Criteria for Evaluating the E-Tender Submission Document (E-HSDT);

đ) Chapter IV: Tender Invitation and Bid Forms;

e) Chapter V: Technical Requirements;

g) Chapter VI: General Contract Conditions;

h) Chapter VII: Specific Contract Conditions;

i) Chapter VIII: Contract Forms.

2. The contents of Chapter I and Chapter VI are PDF files and are posted on the System for uniform application to all tenders. The investor does not need to organize reviews and approvals for these two chapters when reviewing and approving the E-Tendering Document (E-HSMT).

3. Chapters II, III (including the Evaluation Standards Table for Capacity and Experience), IV, and VII are digitized in the form of webforms on the System.

4. Chapter III (excluding the Evaluation Standards Table for Capacity and Experience), Chapter V, and Chapter VIII are files in MS Word, MS Excel, PDF, CAD, image file formats, compressed files, or other appropriate formats suitable for the tender package, attached and uploaded to the System by the tender inviter.

Article 10. Preparing, reviewing, and approving the E-Tendering Document (E-HSMT)

1. The tender inviter logs into the System, then selects the "Goods"or "Construction" "Non-Consulting Services" "Construction" corresponding options to prepare the E-Tender Notice (E-TBMT) and other contents of the E-Tendering Document (E-HSMT). 2. After completing the E-Tendering Document (E-HSMT), the tender inviter prints the E-Tendering Document (E-HSMT) to present to the investor for review and approval. The tender inviter is responsible for ensuring consistency between the content of the E-Tendering Document (E-HSMT) on the System and the approved E-Tendering Document (E-HSMT) by the investor.

3. In cases where amendments to the E-Tendering Document (E-HSMT) are required, the tender inviter logs in and makes direct modifications on the System after obtaining content approval from the investor.

4. In cases where there are discrepancies between the information in the attached files of the E-Tendering Document (E-HSMT) issued by the tender inviter on the System and the information in the webforms, the information in the webforms serves as the basis for preparing and evaluating the E-Tender Submission Document (E-HSDT).

Article 11. Publishing the E-Tender Notice (E-TBMT) and Issuing the E-Tendering Document (E-HSMT)

1. The publication of the E-Tender Notice (E-TBMT) and issuance of the E-Tendering Document (E-HSMT) are carried out according to the guidelines on the System.

2. The E-Tendering Document (E-HSMT) is issued free of charge from the date of publishing the E-Tender Notice (E-TBMT) on the System. The minimum preparation time for the E-Tender Submission Document (E-HSDT) is 10 days for open tenders and 5 working days for competitive bidding tenders following the standard procedure, starting from the first day of posting the E-Tender Notice (E-TBMT) on the System.

Article 12. Amending and Clarifying the E-Tendering Document (E-HSMT)

1. In cases where the E-Tendering Document (E-HSMT) needs to be amended, the tender inviter must publish the decision to amend the E-Tendering Document (E-HSMT) (along with the amended contents) and the amended E-Tendering Document (E-HSMT) (webform and attached files). The amendment must be completed at least three working days before the tender closing date to ensure sufficient time for contractors to complete their E-Tender Submission Documents (E-HSDT); if this time is insufficient, the tender closing date must be extended.

2. In cases where clarification of the E-Tendering Document (E-HSMT) is needed, contractors submit requests for clarification to the tender inviter through the System at least three working days before the tender closing date for consideration and processing. The content of the clarification of the E-Tendering Document (E-HSMT) is published by the tender inviter on the System. If clarification leads to an amendment of the E-Tendering Document (E-HSMT), the amendment shall be carried out in accordance with the provisions of Clause 1 of this Article.

3. The System sends notifications of amendments to the E-Tendering Document (E-HSMT) and the content of clarifications of the E-Tendering Document (E-HSMT) to the email addresses of contractors who have clicked the "follow" button in the interface of the E-Tender Notice (E-TBMT) on the System. Contractors need to regularly update information about amendments and clarifications of the E-Tendering Document (E-HSMT) on the System to ensure that their E-Tender Submission Documents (E-HSDT) are prepared appropriately and meet the requirements of the E-Tendering Document (E-HSMT).

3. The E-HSMT notification amendment system sends the E-HSMT clarification content to the email address of bidders who have clicked "follow" on the E-TBMT interface on the System. Bidders need to regularly update information about E-HSMT amendments and clarifications on the System to ensure the preparation of E-HSDT that is appropriate and responsive to the requirements of E-HSMT.

Article 13. Submission of E-EHS

1. The bidder shall submit only one set of E-EHS for one E-TBMT when participating in the tender selection through the network. In the case of a consortium, the leading member of the consortium (representative of the consortium) or the member assigned in the consortium agreement shall submit the E-EHS.

2. Procedure for submitting E-EHS:

a) The bidder selects the E-TBMT number;

b) The bidder enters information as required by the E-EHS and attaches files to create a set of E-EHS. For contents related to the bidder's eligibility, capacity, and experience, the bidder declares on the web form without needing to attach scanned copies of relevant documents.

c) The bidder checks the E-EHS information, clicks on the "commitment" button in the tender submission interface, and sends the E-EHS to the System.

3. The System notifies the bidder of the status of the E-EHS submission (success or failure). The System records the following information about the bidder's E-EHS submission: information about the sender, recipient, time of sending, sending status, number of attached files to serve as grounds for handling complaints and disputes (if any).

4. Withdrawal of E-EHS:

The bidder may withdraw the E-EHS before the tender closing time. The System notifies the bidder of the withdrawal status of the E-EHS (success or failure). The System records the information about the time of withdrawal of the E-EHS by the bidder.

5. Resubmission of E-EHS:

After withdrawing the E-EHS as stipulated in Clause 4 of this Article, the bidder may resubmit the E-EHS according to the procedure specified in Clause 2 of this Article. If the bidder has submitted the E-EHS before the tenderer implements the amendment to the E-EHS as provided in Article 12 of this Circular, then that bidder must resubmit a new E-EHS in accordance with the amended E-EHS.

Article 14. Opening of Tender

1. At the time of opening the tender, the tenderer logs into the System and selects the tender package to be opened based on the E-TBMT number. Subsequently, the tenderer decrypts the E-EHS of the bidders who have participated in the tender.

2. The minutes of the tender opening must be publicly posted on the System, including the following main contents:

a) Information about the tender package:

- E-TBMT number;

- Name of the tender package;

- Name of the tenderer;

- Method of selecting the bidder;

- Type of contract;

- Time of completion of the tender opening;

- Total number of bidders participating.

b) Information about the participating bidders:

- Bidder name;

- Tender price;

- Value and validity of the tender guarantee;

- Contract performance period;

- Other related information (if any).

3. The tender opening must be completed within two hours from the time of tender closing.

4. In cases where fewer than three bidders have submitted E-EHS, the tenderer shall open the tender immediately without having to handle the situation as prescribed in Clause 4 of Article 117 of Decree No. 63/2014/NĐ-CP.

Article 15Evaluation of E-HSDT

1. The tenderer logs into the System and downloads the E-EHS of the bidders to organize the evaluation. The evaluation of the E-EHS is carried out in accordance with the provisions of the Public Procurement Law, Decree No. 63/2014/NĐ-CP, and the evaluation criteria stated in the E-EHS.

2. The E-EHS, tender opening minutes, E-EHS, along with documents clarifying the E-EHS and E-EHS, are the legal basis for evaluating the E-EHS of the bidder.

3. In cases where there are discrepancies between the tender guarantee information and the consortium agreement declared by the bidder on the System and the information in the scanned (scanned) tender guarantee letter and consortium agreement, the information in the scanned (scanned) tender guarantee letter and consortium agreement will be the basis for evaluation.

4. In cases where there are differences between the information in the attached files of the E-EHS submitted by the bidder on the System and the information declared in the web form, the information in the web form will be the basis for evaluating the E-EHS, except in the case stipulated in Clause 3 of this Article.

5. Regarding the contents of capacity and experience, the evaluation of the E-EHS is based on the information declared by the bidder in the E-EHS without requiring the bidder to attach proof documents. In case of discovering that the bidder has declared untruthfully, the bidder will be considered to have committed fraudulent behavior as stipulated in Clause 4 of Article 89 of the Public Procurement Law and will be banned from participating in public procurement activities for three to five years as stipulated in Clause 1 of Article 122 of Decree No. 63/2014/NĐ-CP. The bidder invited to negotiate the contract must submit documents proving their eligibility, capacity, and experience, technical capacity to the tenderer for comparison with the information declared by the bidder in the E-EHS.

6. Evaluation process of E-EHS:

Based on the E-EHS of the bidders submitted on the System and the evaluation method of E-EHS specified in the E-EHS, the tenderer selects one of the two evaluation processes of E-EHS below to suitably evaluate the E-EHS:

a) Process 01: applicable to the "evaluation price" and "lowest price" methods:

- Step 1: Evaluate the legality of the E-EHS.

- Step 2: Evaluate capacity and experience.

- Step 3: Evaluate technical aspects.

- Step 4: Rank the bidders.

b) Process 02: applicable to single-stage single-envelope tender packages, evaluating E-EHS using the "lowest price" method and all E-EHSs do not have any preferences:

- Step 1: Rank the bidders based on the lowest tender price (no need to approve the ranking list of bidders as per Article 16 of this Circular);

- Step 2: Evaluate the legality of the E-EHS of the first-ranked bidder;

- Step 3: Evaluate the capacity and experience of the first-ranked bidder;

- Step 4: Evaluate the technical aspects of the first-ranked bidder.

If the first-ranked bidder does not meet the requirements, the above evaluation steps will be carried out for the next-ranked bidder.

7. Clarification of E-EHS: the tenderer and the bidder proceed to clarify the E-EHS directly on the System.

8. The expert team applies Model Report on Evaluation (Model No. 1) issued together with Circular No. 23/2015/TT-BKHĐT dated December 21, 2015, of the Ministry of Planning and Investment to prepare the report on the evaluation of E-EHS.

Article 16. Approval of the ranking list of bidders

For Process 01 stipulated in Point a Clause 6 Article 15 of this Circular, based on the results of the E-EHS evaluation by the expert team, the tenderer submits to the project owner for approval of the ranking list of bidders according to Appendix No. 5A issued together with Circular No. 23/2015/TT-BKHĐT.

Article 17. Negotiation of contract; submission, review, and approval of the tender selection results

1. The negotiation of the contract is carried out in accordance with Article 19 of Decree No. 63/2014/NĐ-CP.

2. The submission, review, and approval of the tender selection results shall be carried out in accordance with Article 20 of Decree No. 63/2014/NĐ-CP.

Article 18Publicizing the tender selection results, completing and signing contracts

1. After the tender selection results have been approved, the tender inviter must publish information about the tender selection results on the System, including the following main contents:

a) Information about the tender package:

- E-TBMT number;

- Name of the tender package;

- The bid package price or approved budget estimate (if applicable);

- Name of the tenderer;

- Method of selecting the bidder;

- The time point for completing the publication of the tender selection results.

b) Information about the winning bidder:

- Bidder name;

- Tender price;

- The bid-winning price;

- Contract execution period.

c) For procurement packages of goods, the tender inviter must publish information about each type of goods and equipment in the procurement package of goods:

- Name of goods;

- Capacity;

- Features, technical specifications;

- Origin;

- Bid-winning unit price.

d) Decision approving the tender selection results.

2. The completion and signing of contracts shall be carried out based on compliance with the provisions of the Bidding Law, Decree No. 63/2014/NĐ-CP, and other relevant laws.

 

Section 2

COMPETITIVE BIDDING PROCEDURE IN A CONDENSED FORM

 

Article 19. Components and file format of E-HSMT

1. Components of E-HSMT include:

a) Chapter I        - Request for quotation submission;

b) Chapter II       - Tender and bidding forms;

c) Chapter III      - Contract forms.

2. Chapter I applies uniformly to each type of procurement package (procurement of goods, construction, non-consulting services), fixed in PDF format and published on the System. The project owner does not need to approve the content of this chapter when approving E-HSMT.

3. Chapter II includes tender and bidding forms digitized in webform format on the System.

4. Chapter III consists of files in MS Word format attached to the System by the tender inviter.

Article 20. Preparation and Approval of E-HSMT

The process of preparing and approving E-HSMT is carried out in accordance with the provisions of Article 10 of this Circular. The project owner does not need to organize a review when approving E-HSMT.

Article 21. Notification and Issuance of E-HSMT

Notification and issuance of E-HSMT are carried out in accordance with the provisions of Article 11 of this Circular. The minimum preparation time for E-HSDT is three working days from the first day of issuing E-TBMT on the System.

Article 22. Amend, clarify E-HSMT, submit E-HSDT and open bidsSUBMIT E-HSDT AND OPEN BIDS

1. Amending and clarifying E-HSMT is carried out in accordance with the provisions of Article 12 of this Circular.

2. Submitting E-HSDT and opening bids are carried out in accordance with the provisions of Articles 13 and 14 of this Circular.

Article 23Evaluation of E-HSDT, negotiation, review, approval of tender selection results, completion and signing of contracts

The evaluation of E-HSDT, contract negotiation, review, and approval of tender results shall be carried out in accordance with the provisions of Article 59 of Decree No. 63/2014/NĐ-CP.

 

Chapter III

PROCUREMENT PROCEDURE THROUGH NETWORK FOR SERVICE CONSULTANCY, NON-CONSULTANCY PROCUREMENT OF GOODS AND CONSTRUCTION CONTRACTS BEGAN ORGANIZED WIDE BIDDING PROCEDURE IN ONE STAGE TWO ENVELOPE SYSTEM

 

Article 24. Detailed Procedure

1. Preparation for selecting contractors, including:

a) Preparing the E-Tendering Document (E-HSMT);

b) Review and approve E-HSMT.

2. Organizing the selection of contractors, including:

a) Notify tender invitation and issue E-HSMT;

b) Amending and clarifying the E-Tendering Document (E-HSMT);

c) Submitting the E-Tender Submission Document (E-HSDT);

d) Open E-HSĐXKT envelope.

3. Evaluate E-HSĐXKT, submit, review and approve the list of bidders meeting technical requirements.

4. Open E-HSĐXTC envelope.

5. Evaluate E-HSĐXTC and rank bidders.

6. Negotiate contracts, submit, review, approve and publicize tender selection results.

7. Complete and sign contracts.

Article 25. Establishment, Review, and Approval of E-HSMT

The procedures for establishing, reviewing, and approving E-HSMT shall be carried out in accordance with Article 10 of this Circular.

Article 26. Notification and Issuance of E-HSMT

Notification and issuance of E-HSMT shall be conducted in accordance with Article 11 of this Circular. The preparation time for E-HSDT must be at least 20 days from the first day of issuing E-TBMT on the System.

Article 27. Amendment, Clarification of E-HSMT, Submission of E-HSDT

Amendments, clarifications of E-HSMT, and submission of E-HSDT shall be implemented in accordance with Articles 12 and 13 of this Circular.

Article 28. Opening of E-HSĐXKT

1. At the tender opening date, the tender inviter logs into the System and selects the tender package to be opened according to the E-TBMT number. Thereafter, the tender inviter decrypts the E-HSĐXKT of participating bidders.

2. The record of opening E-HSĐXKT must be publicly posted on the System, including the following main contents:

a) Information about the tender package:

- E-TBMT number;

- Name of the tender package;

- Name of the tenderer;

- Method of selecting the bidder;

- Type of contract;

- Time of completion of the tender opening;

- Total number of bidders participating.

b) Information about the participating bidders:

- Bidder name;

- Contract performance period;

- The value and validity of the bid security (this item is not required for tender packages providing consultancy services).

- Other related information (if any).

3. The opening of E-HSĐXKT must be completed within two hours from the closing time of the tender.

Article 29. Evaluation of E-HSĐXKT

1. The evaluation of E-HSĐXKT shall be conducted in accordance with Clauses 1, 2, 3, 4, and 5 of Article 15 of this Circular.

2. The expert team applies Model Report on Evaluation (Form No. 2) issued together with Circular No. 23/2015/TT-BKHĐT to prepare the report on evaluating E-HSĐXKT. Based on the report on evaluating E-HSĐXKT by the expert team, the tender inviter submits to the project owner for review and approval the list of bidders meeting technical requirements according to Appendix No. 3A, 3B issued together with Circular No. 23/2015/TT-BKHĐT.

3. Clarification of E-HSDT: the tender inviter and bidder proceed to clarify E-HSDT directly on the System.

Article 30. Publicizing the list of bidders meeting technical requirements

After receiving the decision to approve the list of bidders meeting technical requirements, the tender inviter must publicly post this list on the System in the following sequence:

1. The tender inviter logs into the System and selects the tender package to be posted according to the E-TBMT number;

2. Select the section for posting the list of bidders meeting technical requirements to enter information and attach a scanned copy of the decision approving the list of bidders meeting technical requirements, then publicly post it on the System. Upon successful posting, the System sends notifications to bidders listed in the approved list of bidders meeting technical requirements.

Article 31Opening of E-HSĐXTC

1. The tender inviter logs into the System and selects the tender package to be opened according to the E-TBMT number. The tender inviter decrypts the E-HSĐXTC of bidders listed in the approved list of bidders meeting technical requirements.

2. The record of opening E-HSĐXTC must be publicly posted on the System, including the following main contents:

a) Information about the tender package:

- E-TBMT number;

- Name of the tender package;

- Name of the tenderer;

- Method of selecting the bidder;

- Type of contract;

- The completion time of the tender opening.

b) Information about bidders whose financial proposal was opened:

- Bidder name;

- The bid price of the bidder.

Article 32. Evaluation of Financial Proposal and Approval of Bidder Ranking List

1. The evaluation of E-HSĐXTC and ranking of bidders shall be conducted directly and in compliance with the provisions of the Bidding Law and Decree No. 63/2014/NĐ-CP.

2. The expert team applies Model Report on Evaluation (Form No. 2) issued together with Circular No. 23/2015/TT-BKHĐT to prepare the report on evaluating E-HSĐXTC. The project owner approves the list of ranked bidders according to Appendix No. 5B issued together with Circular No. 23/2015/TT-BKHĐT.

Article 33. Negotiation of contracts, submission, review, and approval of the tender selection results

The process of negotiating contracts, submitting, reviewing, approving the tender selection results, finalizing and signing contracts, and publicly announcing the tender selection results shall be carried out in accordance with the provisions of Articles 17 and 18 of this Circular.

 

PART IV

ORGANIZATION AND IMPLEMENTATION

 

Article 34. Effective Date

1. This Circular takes effect from March 1, 2018. This Circular replaces Circular No. 07/2016/TT-BKHĐT dated June 28, 2016 of the Ministry of Planning and Investment, and replaces Chapter III of Joint Circular No. 07/2015/TTLT-BKHĐT-BTC dated September 8, 2015 of the Ministry of Planning and Investment and the Ministry of Finance.

2. Based on actual circumstances, the Bidding Management Agency under the Ministry of Planning and Investment may modify the forms in web form format on the System to facilitate parties participating in online tender selection activities, reduce administrative procedures, further enhance competition, fairness, transparency, and economic efficiency in bidding, while ensuring the effectiveness of state management in bidding.

3. Ministries, ministerial-level agencies, government-affiliated agencies, central-level agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular. In the course of implementation, if there are any difficulties, the relevant ministries, ministerial-level agencies, government-affiliated agencies, central-level agencies, People's Committees at all levels, and organizations and individuals are requested to send their opinions to the Ministry of Planning and Investment for timely guidance./.