Decision No. 149/QD-QLCL of 2012 by the Directorate of Quality Assurance for Agricultural, Forestry and Fishery Products does not recognize the results of bidding for equipment procurement at the Quality Assurance Center for Agriculture, Forestry and Fisheries Region 2 due to violations of tendering regulations. The related units must implement corrective measures within the specified timeframe.
要点
- Director of the Quality Assurance Center for Agriculture, Forestry and Fisheries Region 2 → does not recognize the result of selecting contractors by the Director for equipment procurement packages funded from the development fund for operational activities.
- Director of the Quality Assurance Center for Agriculture, Forestry and Fisheries Region 2 → notify the winning contractors about the non-recognition of the selection result.
- Director of the Quality Assurance Center for Agriculture, Forestry and Fisheries Region 2 → organize an accountability review and propose disciplinary actions.
- Head of the Inspection and Legal Affairs Department → supervise, urge, and monitor the implementation of the decision.
- Finance Department and Quality Control Testing Management Department of the Directorate → propose measures to handle the tender packages.
🌐 本文件的社会影响
- Negative impact: Participating enterprises may suffer economic losses due to the non-recognition of their successful bids.
- Positive impact: Ensuring compliance with tendering laws, enhancing the quality of management and utilization of the development fund for operational activities.
❓ 常见问题
What is the impact of not recognizing the contractor selection result?
This leads to rejected contracts for the winning contractors, causing economic and reputational damage.
What is the deadline for implementing corrective measures?
The contents of Article 2 must be completed before July 20, 2012.
What is the responsibility of the Director of the Quality Assurance Center for Agriculture, Forestry and Fisheries Region 2?
The Director must notify the winning contractors, organize an accountability review, and propose disciplinary actions.
How will the equipment procurement tender packages funded from the development fund for operational activities be handled?
The Finance Department and Quality Control Testing Management Department of the Directorate will propose handling measures in accordance with the tendering law.
Which specific provisions of the Bidding Law have been violated by these tender packages?
Violations of point c, Clause 2, Article 9, Clause 1, Article 40, Clause 2, Article 61 (for tender packages), and point b, Clause 3, Article 8, Clause 3, Article 15, point b, Clause 3, Article 28 of Decree No. 85/2009/NĐ-CP.
全文
Pursuant to …;
On handling the results of bidding for procurement of equipment at the Quality Assurance Center for Agricultural, Forestry and Fisheries Products Region 2
_________________________
Pursuant to Decision No. 29/2008/QD-BNN dated January 28, 2008 of the Minister of Agriculture and Rural Development on the functions, tasks, powers, and organizational structure of the National Quality Management Agency for Agricultural, Forestry and Fisheries Products;
Pursuant to the Bidding Law No. 61/2005/QH11 dated November 29, 2005;
Pursuant to Decree No. 85/2009/NĐ-CP dated October 15, 2009 of the Government;
Pursuant to Conclusion No. 984/KL-QLCL dated June 28, 2012 on verifying the contents reported regarding the results of bidding for procurement of equipment from the development fund for operational activities at the Quality Assurance Center for Agricultural, Forestry and Fisheries Products Region 2;
Considering the proposal of the Director of the Inspection and Legal Affairs Department,
DECISION:
Article 1. Not recognizing the result of selecting the contractor by the Director of Region 2 Quality Assurance Center for Agricultural, Forestry and Fisheries Products for the procurement of equipment from the development fund for operational activities.
Reason: In the bidding process, violations occurred under the following Articles and Clauses:
a) Point c Clause 2 Article 9 (for all tenders); Clause 1 Article 40 (for tender number 1); Clause 2 Article 61 (for tenders number 3 and 4), Clause 3 and Clause 4 Article 61 (for all tenders) of the Bidding Law No. 61/2005/QH11 dated November 29, 2005.
b) Point b Clause 1 Article 8 (for all tenders); Clause 3 Article 15 (for all tenders) and point b Clause 3 Article 28 (for all tenders) of Decree No. 85/2009/NĐ-CP dated October 15, 2009 of the Government.
Article 2. Remedial measures and time frame.
1. The Director of the Quality Assurance Center for Agricultural, Forestry and Fisheries Products Region 2:
a) Notify the successful contractors about the non-recognition of the result of selecting the contractor for the procurement of equipment from the development fund for operational activities.
b) Organize a review of the responsibilities of individuals according to Conclusion No. 984/KL-QLCL dated June 28, 2012 of the Director of the National Quality Management Agency for Agricultural, Forestry and Fisheries Products and propose disciplinary actions.
c) Implement measures to address contractors who have been notified of their success but whose results are not recognized in accordance with the law.
d) Complete the implementation of the contents stipulated in point a, b, c of this Clause before July 20, 2012.
2. The Finance Department and the Quality Control Management Department of the Agency: Propose remedial measures for the procurement of equipment from the development fund for operational activities for the Quality Assurance Center for Agricultural, Forestry and Fisheries Products Region 2 in accordance with the law on bidding before July 10, 2012.
3. The Inspection and Legal Affairs Department: Supervise and monitor the implementation of the decision on handling.
Article 3. The Directors of the Inspection and Legal Affairs Department, the Finance Department, the Quality Control Management Department, and the Director of the Quality Assurance Center for Agricultural, Forestry and Fisheries Products Region 2 shall report to the Director of the Agency in writing on the results of implementing the contents stipulated in Article 2 of this Decision.
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DIRECTOR GENERAL |
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| Nguyen Nhut Tiep |
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