Circular No. 07/2016/TT-BKHĐT detailing the procedures for preparing tender invitation documents and request for quotation documents for online bidding

CIRCULAR

Detailed regulations on preparing tender documents and request for procurement documents for online bidding.

for online bidding

Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;

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

Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment shall provide detailed regulations on preparing tender documents and request for procurement documents for online bidding.

Article 1. Scope of Regulation

This Circular provides detailed regulations on preparing tender documents and request for procurement documents to implement the selection of contractors through the National Public Procurement System at the website http://muasamcong.mpi.gov.vn (hereinafter referred to as the System) for procurement tenders applying competitive bidding, small-scale procurement tenders applying open and selective tendering methods in one stage with one envelope, as stipulated in Article 1 of Law on Bidding No. 43/2013/QH13, as follows:

1. Sample tender document for procurement of goods for online bidding: Form No. 01;

2. Sample request for quotation document for procurement of goods for online bidding: Form No. 02.

Article 2. Applicability

1. This Circular applies to organizations and individuals participating in or related to the activity of selecting contractors for procurement tenders conducted on the System within the scope regulated in Article 1 of this Circular.

2. Organizations and individuals conducting bidding activities not within the scope regulated in Article 1 of this Circular may choose to procure goods through the System.

Article 3. Principles for preparing tender documents and request for procurement documents for online bidding

1. When preparing tender documents and request for procurement documents for online bidding, they must be based on the scale and nature of each specific tender to set out appropriate requirements while ensuring principles of competition, fairness, transparency, and economic efficiency;

2. It is not allowed to set conditions that limit the participation of any eligible contractor or create advantages for one or some contractors causing unfair competition such as specifying brand names or origins of goods, including mentioning the name of a country, group of countries, or region causing discriminatory treatment; if it is impossible to describe goods in detail according to technical characteristics, design technology, or technological standards, then a specific product's brand name or catalog can be mentioned for reference and illustration of the technical requirements of the goods, but the phrase "or equivalent" must be noted after the brand name or catalog, and the equivalent content regarding technical characteristics, usage features, technological standards, and other relevant contents (if any) must be clearly defined. Equivalence regarding origin cannot be specified.

3. When preparing tender documents for procurement of goods for online bidding, the provisions in Chapter I - Contractor Guidelines and Chapter VI - General Contract Conditions of Form No. 01 issued together with this Circular shall not be amended; when preparing request for quotation documents for procurement of goods for online bidding, the provisions in Chapter I - Contractor Guidelines of Form No. 02 issued together with this Circular shall not be amended. For other contents, adjustments can be made to suit the scale and nature of the tender. In cases where there are amendments to the provisions in the sample documents, the organizations and individuals responsible for preparing, reviewing, and approving the tender documents and request for procurement documents must ensure that the amendments are more appropriate, scientific, and rigorous than the provisions in the sample documents and do not contravene the laws on bidding. In the proposal for approval of the tender documents and request for procurement documents, the contents of the amendments compared to the provisions in the sample documents and the reasons for the amendments must be clearly stated for the investor to consider and decide.

Article 4. Components and File Format of the Tender Invitation Document for Goods Procurement through Online Bidding

1. The components of the tender invitation document include:

a) Chapter I - Bidder Guidelines;

b) Chapter II - Bid Data Sheet;

c) Chapter III - Evaluation Criteria for Bid Proposals;

d) Chapter IV - Tender and Bid Forms;

đ) Chapter V - Scope of Supply;

e) Chapter VI - General Contract Conditions;

g) Chapter VII - Specific Contract Conditions;

h) Chapter VIII - Contract Forms.

2. Chapters I and VI apply uniformly to all online bidding procurement packages for goods, are fixed in PDF format, and uploaded on the System. The investor does not need to organize reviews and approvals of these two chapters when reviewing and approving the tender invitation document; however, they remain inseparable components of the tender invitation document and serve as legal grounds for dispute resolution.

3. Chapters II, III (part Bidding Evaluation Standards for Capacity and Experience), IV, V (part Scope and Delivery Schedule of Goods and Related Services), and VII are digitized in the form of webforms on the System.

4. Chapter III (part excluding Bidding Evaluation Standards for Capacity and Experience), Chapter V (part excluding Scope and Delivery Schedule of Goods and Related Services), and Chapter VIII are files in MS Word, MS Excel, PDF, CAD, image file formats, compressed files, or other appropriate formats for the tender package, attached and uploaded on the System by the tender inviter.

Article 5. Components and File Format of the Request for Quotation Document for Goods Procurement through Online Bidding

1. The components of the request for quotation document include:

a) Chapter I - Bidder Guidelines;

b) Chapter II - Bid Data Sheet;

c) Chapter III - Evaluation Criteria for Proposal Submission;

d) Chapter IV - Tender and Bid Forms;

đ) Chapter V - Requirements for the Tender Package;

e) Chapter VI - Draft Contract.

2. Chapter I applies uniformly to all online bidding procurement packages for goods, is fixed in PDF format, and uploaded on the System. The investor does not need to organize reviews and approvals of this chapter when reviewing and approving the request for quotation document; however, it remains an inseparable component of the request for quotation document and serves as legal grounds for dispute resolution.

3. Chapters II, III (part Bidding Evaluation Standards for Capacity and Experience), IV, V (part Scope and Delivery Schedule of Goods and Related Services) are digitized in the form of webforms on the System.

4. Chapter III (part excluding Bidding Evaluation Standards for Capacity and Experience), Chapter V (part excluding Scope and Delivery Schedule of Goods and Related Services), and Chapter VI are files in MS Word, MS Excel, PDF, CAD, image file formats, compressed files, or other appropriate formats for the tender package, attached and uploaded on the System by the tender inviter.

Article 6. Preparation, Review, Approval, and Upload of Tender Invitation Documents and Request for Quotation Documents for Goods Procurement through Online Bidding

1. Preparation and Review of Tender Invitation Documents:

Step 1: The tender inviter clicks on Login on the homepage and enters the digital certificate password of the tender inviter to log in to the System. Select the item "Goods" to enter information about the tender announcement and tender invitation document.

Step 2: The tender inviter fills in the content of the Bid Data Sheet; Evaluation Standards for Capacity, Experience, and Key Personnel; Tender Forms; Scope and Delivery Schedule of Goods and Related Services; Specific Contract Conditions into the corresponding webforms on the System. Then print out to complete the content of Chapter II - Bid Data Sheet, Chapter III - Evaluation Standards (Evaluation Standards for Capacity and Experience), Chapter IV - Tender and Bid Forms, and Chapter V - Scope of Supply (Scope and Delivery Schedule of Goods and Related Services).

Step 3: The tender inviter prepares the content of the Evaluation Standards for Bid Proposals (excluding Evaluation Standards for Capacity and Experience), Scope of Supply (excluding Scope and Delivery Schedule of Goods and Related Services), and Contract Forms according to Model No. 01 attached on the System. Then print out to complete the content of Chapter III - Evaluation Standards for Bid Proposals, Chapter V - Scope of Supply, and Chapter VIII - Contract Forms.

Step 4: The tender inviter submits the tender invitation document to the investor for review and approval. The content reviewed and approved includes:

- Chapter II - Bid Data Sheet;

- Chapter III - Evaluation Standards for Bid Proposals;

- Chapter IV - Tender and Bid Forms, including the following models: Model No. 01, Model No. 02, Model No. 03, Model No. 04, Model No. 05;

- Chapter V - Scope of Supply;

- Chapter VII - Specific Contract Conditions;

- Chapter VIII - Contract Forms.

Step 5: In case of modifications during the review and approval process, for the contents performed by the tender inviter at Step 2 of this Clause, the tender inviter logs into the System and makes direct modifications on the System. For the contents requiring modifications in other sections, the tender inviter edits the content on the draft prepared at Step 3 of this Clause to complete the document for submission to the investor for approval.

2. Preparation and Review of Request for Quotation Documents:

Step 1: The tender inviter clicks on Login on the homepage and enters the digital certificate password of the tender inviter to log in to the System. Select the item "Goods" to enter information about the quotation announcement and request for quotation document.

Step 2: The tender inviter fills in the content of the Bid Data Sheet; Evaluation Standards for Capacity and Experience; Tender Forms; Scope and Delivery Schedule of Goods and Related Services into the corresponding webforms on the System. Then print out to complete the content of Chapter II - Bid Data Sheet, Chapter III - Evaluation Standards for Proposal Submission (Evaluation Standards for Capacity and Experience), Chapter IV - Tender and Bid Forms, and Chapter V - Requirements for the Tender Package (Scope and Delivery Schedule of Goods and Related Services).

Step 3: The tenderer prepares the content of the Evaluation Criteria for Proposal (excluding the evaluation criteria regarding capacity and experience); Requirements for the tender package (excluding the scope and progress of supply of goods and services related); Draft contract according to Model No. 02 on the System. Then print out to complete Chapter III - Evaluation Criteria for Tender Proposals, Chapter V - Requirements for the Tender Package, and Chapter VIII - Contract Templates.

Step 4: The tenderer submits the tender request document to the project owner for review and approval. The content of the review and approval includes:

- Chapter II - Bid Data Sheet;

- Chapter III - Evaluation Criteria for Proposal;

- Chapter IV - Tender and Bid Forms, including the following models: Model No. 01, Model No. 02, Model No. 03, Model No. 04, Model No. 05;

- Chapter V - Requirements for the Tender Package;

- Chapter VI - Draft Contract.

Step 5: In case of modifications during the review and approval process, for the contents performed by the tender inviter at Step 2 of this Clause, the tender inviter logs into the System and makes direct modifications on the System. For the contents requiring modifications in other sections, the tender inviter edits the content on the draft prepared at Step 3 of this Clause to complete the document for submission to the investor for approval.

3. Approval of the tender invitation document and the tender request document:

The tender invitation document and the tender request document must be approved in writing based on the application for approval and the review report.

The project owner only approves the content of the tender invitation document and the tender request document submitted for review at Step 4 Clause 1, Step 4 Clause 2 of this Article by the tenderer.

4. Posting the tender invitation document and the tender request document:

After the tender invitation document and the tender request document have been approved by the project owner, the tenderer logs into the System, selects the section to post the tender announcement, bidding announcement, and attaches the files prepared in Step 3 Clause 1, Step 3, Step 5 Clause 2 of this Article and a scanned copy of the project owner's approval document for the tender invitation document and the tender request document to the tender announcement and bidding announcement, then publicly posts them on the System.

5. Details of implementation are available Guidelines for Use on the main page of the System and supported by the System operator organization.

Article 7. Validity of the tender invitation document, tender request document, tender proposal document, and procurement offer document for online bidding

1. The information and attached files of the tender invitation document and the tender request document shall be deemed legally valid when successfully uploaded onto the System by the tenderer through the tenderer’s digital certificate. The tenderer is responsible for the accuracy between the content of the tender invitation document and the tender request document uploaded on the System and the content of the tender invitation document and the tender request document approved by the project owner.

2. The bidder fills in the information including: (i) Bid Proposal Form, (ii) Bid Template on the System and the contents (iii) Power of Attorney, (iv) Joint Venture Agreement (if applicable), (v) Bid Guarantee, while uploading other required information according to the tender invitation document and the tender request document when participating in the bidding. The tender proposal document and the procurement offer document shall be deemed legally valid when successfully uploaded onto the System through the bidder’s digital certificate.

Article 8. Bid Price

1. The bid price of the bidder must include all necessary costs to implement the tender package, including taxes, fees, and charges (if applicable). Taxes, fees, and charges are applied according to the tax rate, fee level, and charge level prescribed 28 days prior to the closing date of the tender. When evaluating the bid price, consideration must be given to the costs of taxes, fees, and charges (if applicable).

2. The bidder is responsible for researching, calculating, and quoting all types of taxes, fees, and charges (if applicable) in the bid price. If the tender proposal document does not mention taxes, fees, and charges, the bidder's bid price is considered to include all types of taxes, fees, and charges; in this case, if the bidder wins the tender and is awarded the contract, they must bear all responsibilities and fulfill all obligations regarding taxes, fees, and charges (if applicable) according to the relevant laws on taxes, fees, and charges.

3. No discount applies in online bidding. When the bidder submits the tender proposal document and the procurement offer document online, the System automatically extracts the bid price from the bid template into the bid proposal form.

Article 9. Tender Guarantee

1. Tender guarantee for online bidding shall be implemented in the form of a letter of guarantee issued by a credit institution legally operating in Vietnam.

2. For credit institutions that have been connected to the System, bidders shall submit tender guarantees through the online system.

3. For credit institutions not yet connected to the System, bidders shall scan the letter of guarantee issued by the credit institution and attach it when submitting the tender dossier online. Bidders invited to negotiate the contract must submit the original letter of guarantee to the Tender Inviter.

Article 10. Loan Contracts

1. The type of contract applicable to the procurement package for goods in online bidding is a lump-sum contract.

2. The tender invitation document and request document must include the Contract Template and detailed provisions of the contract clauses for bidders to base their bids on and for all parties to base negotiations, completion, signing, and implementation of the contract on.

3. The contract signed between the project owner, the tender inviter, and the bidder must comply with the Contract Template, the conditions stipulated in the tender invitation document and request document, and any amendments and supplements proposed by the bidder and approved by the project owner during the negotiation and completion process of the contract, but ensuring compliance with the legal regulations on bidding and other relevant laws.

Article 11. Manufacturer's Sales Permit

1. For common and readily available goods on the market, standardized and covered by manufacturer warranty, there is no requirement for bidders to submit the manufacturer's sales permit or partnership certification or equivalent documentation.

2. For specialized and complex goods requiring the manufacturer's responsibility for post-sales services such as warranty, maintenance, repair, provision of spare parts, replacement materials, and related services, the tender invitation document may require bidders participating in the tender to provide the manufacturer's sales permit or partnership certification or equivalent documentation. In case the tender dossier, proposal document does not attach a scanned copy of the manufacturer's sales permit or partnership certification or equivalent documentation, the bidder must clarify and supplement this information during the evaluation process. The tender inviter must accept supplementary documents submitted by the bidder for evaluation purposes. The bidder can only be awarded the contract after submitting the manufacturer's sales permit or partnership certification or equivalent documentation to the project owner.

3. If the content of the manufacturer's sales permit or partnership certification or equivalent documentation does not fully meet the requirements set out in the tender invitation document, the tender inviter must request the bidder to clarify these contents to provide sufficient information for the evaluation of the tender dossier without immediately rejecting the bidder's tender dossier.

4. In cases where manufacturers, distributors, and suppliers intentionally fail to provide bidders with the manufacturer's sales permit or partnership certification or equivalent documentation without legitimate reasons, failing to comply with legal regulations on trade and competition, thereby creating advantages or monopolies for other bidders, bidders need to promptly report to the Ministry of Planning and Investment and the Ministry of Industry and Trade for timely handling.

Article 12. Implementation Organization

1. This Circular shall take effect from August 15, 2016.

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

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