Decision No. 19/1999/QĐ-BNN/ĐTXD on guiding the implementation of bidding regulations for investment projects of units under the Ministry of Agriculture and Rural Development

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO CIRCULAR NO. 08-NN-ĐTXD/TT DATED SEPTEMBER 20, 1997

ON GUIDELINES FOR IMPLEMENTATION OF THE BIDDING REGULATIONS FOR INVESTMENT PROJECTS

OF UNITS UNDER THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

ON SEPTEMBER 20, 1997, THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT ISSUED CIRCULAR NO. 08-NN-ĐTXD/TT GUIDING THE BIDDING REGULATION ISSUED ALONG WITH DECREE NO. 43/CP DATED JULY 16, 199 AND 93/CP DATED AUGUST 23, 1997 OF THE GOVERNMENT PRIME MINISTER.

TO MEET THE REQUIREMENTS OF MANAGEMENT AND IMPLEMENTATION OF BIDDING FOR INVESTMENT PROJECTS UNDER THE MINISTRY'S CONTROL IN NEW SITUATIONS, WHILE AWAITING THE OFFICIAL ISSUE OF NEW BIDDING REGULATIONS TO REPLACE THE OLD ONES ISSUED PURSUANT TO GOVERNMENT DECREE NO. 43/CP AND 93/CP, THE MINISTRY TEMPORARILY AMENDS AND SUPPLEMENTS SOME POINTS IN CIRCULAR NO. 08-NN-ĐTXD/TT AS FOLLOWS:

I. GENERAL PROVISIONS

1. CLAUSE 1. ADD POINT 1.4

BIDDING PACKAGES PERMITTED TO BE DESIGNATED MUST CONDUCT CONTRACT CONDITION NEGOTIATIONS WITH THE CONTRACTOR PRIOR TO IMPLEMENTATION, ENSURING THAT THE CONTRACT VALUE DOES NOT EXCEED THE APPROVED BID RECEIVED PRICE.

2. CLAUSE 3. ADD TO THE END OF POINT 3.3

THE BID INVITATION DOCUMENT SHOULD FOLLOW THE GENERAL TEMPLATE PRESCRIBED BY THE MINISTRY, INCLUDING A TECHNICAL GUIDANCE SECTION ACCORDING TO WORK TYPES SUCH AS EARTHWORK, CONCRETE, STONE PAVING, MASONRY, METALWORK, EQUIPMENT INSTALLATION, MECHANICAL, ELECTRICAL, WATERWORKS... OR ACCORDING TO PROJECT TYPES SUCH AS CIVIL STRUCTURES, INDUSTRIAL, TRANSPORTATION, IRRIGATION, AGRICULTURAL PROCESSING, FORESTRY...

ANY DIFFERENCES FROM THE GENERAL TEMPLATE WILL BE INCLUDED IN A SEPARATE SECTION FOR THE BIDDER'S CONVENIENCE.

ACCOMPANYING THE MAJOR QUANTITY SHEETS, THERE SHOULD BE A LIST OF DRAWINGS PROVIDED TO THE BIDDER, AND THE BIDDER IS REQUIRED TO CALCULATE AND CHECK THESE QUANTITIES CAREFULLY. IF THERE ARE ANY DISCREPANCIES, THE BIDDER MUST SUBMIT A WRITTEN REQUEST TO THE BID INVITER FOR CLARIFICATION BEFORE FORMALLY SETTING THE BID PRICE.

IF THE BIDDER FAILS TO CAREFULLY CHECK THE QUANTITIES AND OVERLOOKS THEM BUT STILL SETS A BID PRICE AND WINS THE BID, THE VALUE OF THE OVERLOOKED QUANTITIES WILL NOT BE ADDED OR PAID..

3. CLAUSE 4. ADD CONTENT

LIMITED BIDDING MUST INVOLVE AT LEAST FIVE BIDDERS. IF THE NUMBER OF BIDDERS IS INSUFFICIENT BY THE TIME OF BID CLOSING, THE INVESTOR MUST PROMPTLY REPORT TO THE INVESTMENT DECISION AUTHORITY FOR REVIEW AND DECISION.

4. CLAUSE 8. REVISE THE ENTIRE CONTENT

PRIOR TO BID CLOSING, THE BID INVITER MUST PREPARE AND SUBMIT THE BID EVALUATION PRICE FOR APPROVAL BY THE INVESTMENT DECISION AUTHORITY AFTER THE BID CLOSING TIME AND BEFORE THE BID OPENING TIME.

THE BID EVALUATION PRICE SHALL BE ANNOUNCED AT THE TIME OF BID OPENING.

THE BID EVALUATION PRICE IS BASED ON THE BID INVITATION DOCUMENT AND MUST BE CONSISTENT WITH THE PROJECT ESTIMATE OR APPROVED DETAIL ESTIMATE.

FOR IMPORTED EQUIPMENT BIDS, IF THE BID EVALUATION PRICE CANNOT BE DETERMINED ACCURATELY, THE INVESTOR MUST SUBMIT THE BASIS FOR DETERMINING THE BID EVALUATION PRICE TO THE INVESTMENT DECISION AUTHORITY.

THE ACCEPTED BID PRICE MAY NOT EXCEED THE BID EVALUATION PRICE.

Giá trị trúng thầu không được vượt quá giá xét thầu.shall not exceed the bidding evaluation price. bidder shall not exceed the bidding evaluation price.

5. CLAUSE 9. ADD POINT 9.3

BIDDERS WHO VIOLATE QUALITY, SCHEDULE, OR ENGAGE IN UNFAIR PRACTICES SUCH AS BUYING OR SELLING BIDS DURING CONSTRUCTION SHALL BE REPORTED TO THE INVESTMENT DECISION AUTHORITY BY THE BID INVITER AND MAY NOT BE INVITED TO BID ON FUTURE PROJECTS DEPENDING ON THE GRAVITY OF THE VIOLATION. BIDDERS WHO PERFORM WELL, EXCEED SCHEDULE, AND STRICTLY COMPLY WITH CONTRACT TERMS MAY BE GIVEN PREFERENCE IN FUTURE PROJECTS.

II. PROCEDURE FOR ORGANIZING BIDDING

6. CLAUSE 2:

a) ADD TO THE END OF POINT 2.1. THE LIST OF INVITED BIDDERS MUST NOT BE KNOWN BY THE BIDDERS. THE BID INVITATION LETTER MUST BE SENT SEPARATELY TO EACH BIDDER IN THE SHORTLIST OR APPROVED BY THE INVESTMENT DECISION AUTHORITY (FOR LIMITED BIDDING). THE INVESTMENT DEPARTMENT IS RESPONSIBLE FOR INDIVIDUAL VERIFICATION OF THE BID INVITATION PROCESS TO ENSURE OBJECTIVITY AND FAIRNESS..

b) ADD POINT 2.3. PRIOR TO THE BID OPENING DATE, THE BID INVITER MUST SUBMIT THE LIST OF BIDDERS WHO HAVE PURCHASED THE BID DOCUMENTS TO THE REVIEWING AUTHORITY ALONG WITH THE TIME FOR SUBMISSION OF THE BID EVALUATION PRICE FOR APPROVAL.

7. CLAUSE 4

a) ADD: ON THE DATE AND TIME SPECIFIED IN THE NOTICE OR BID INVITATION LETTER, ALL LEGAL BID DOCUMENTS (SUBMITTED BEFORE THE BID CLOSING TIME AND PROPERLY SEALED) WILL BE PUBLICLY OPENED AT THE BID OPENING LOCATION.

b) ADD TO THE END OF POINT 4.1

LOCAL GOVERNMENT REPRESENTATIVE (FOR IRRIGATION PROJECTS)

c) ADD POINT 4.2.3.

DURING THE BID OPENING, IF THE BIDDER HAS ONLY SEALED THE ENVELOPE CONTAINING THE COMPLETE BID DOCUMENTS BUT NOT THE INDIVIDUAL ORIGINAL AND COPY, THE BID INVITER MUST IMMEDIATELY REQUIRE THE BIDDER TO RESEALED THEM IN THE PRESENCE OF THE OBSERVERS.

AT THE BID OPENING, IF ALL BIDDERS' BID PRICES EXCEED THE BID EVALUATION PRICE, THE BID INVITER MUST IMMEDIATELY ORGANIZE A REBID BY THE BIDDERS ON THE SPOT AND CONSIDER THIS AS THE FINAL BID PRICE FOR RANKING PURPOSES. A LEGAL BID PRICE IS ONE SIGNED BY THE PERSON WHO SUBMITTED THE BID. IF THE SIGNATORY IS ABSENT BUT HAS DELEGATED POWER TO AN ATTENDEE, THE SIGNATORY MUST IMMEDIATELY SUBMIT A REPLACEMENT BID PRICE DOCUMENT AFTER THE BID OPENING. ALL DOCUMENTS MUST BE CONSISTENT IN CONTENT AND BID PRICE.

IMMEDIATELY AFTER THE BID OPENING, THE BID INVITER MUST SEND THE SEALED BID DOCUMENTS AND THE BID OPENING RECORD TO THE REVIEWING AUTHORITY.

8. CLAUSE 5

ADD POINT 5.3. DISQUALIFY BID DOCUMENTS, CANCEL BIDDING RESULTS, AND REBID.

5.3.1. DISQUALIFY BID DOCUMENTS.

IN ADDITION TO THE DISQUALIFIED BID DOCUMENTS AT POINT 5.1, DISQUALIFY THE FOLLOWING CASES:

THERE IS EVIDENCE THAT THE BIDDER HAS CONTACTED THE BID INVITER OR THE EXPERT PANEL, RESULTING IN IMPROPER BID EVALUATION AND RANKING.

5.3.2. CANCEL BIDDING RESULTS AND REBID FOR THE FOLLOWING CASES:

THE BIDDING PACKAGE HAS SIGNIFICANT CHANGES IN DESIGN, QUANTITY, AND PRICE COMPARED TO THE BID INVITATION DOCUMENT.

NONE OF THE BID DOCUMENTS MEET THE BASIC REQUIREMENTS OF THE BID INVITATION DOCUMENT.

THERE IS EVIDENCE OF UNETHICAL ACTIONS, UNFAIR COMPETITION, OR COLUSION TO INVALIDATE THE BIDDING PROCESS, OR SERIOUS VIOLATIONS IN THE BIDDING ORGANIZATION.

THE NUMBER OF BIDDERS IS INSUFFICIENT BUT THE BID OPENING PROCEEDS WITHOUT PERMISSION FROM THE AUTHORIZED BODY..

III. BIDDING MANAGEMENT:

9. CLAUSE 2. ADD TO THE END

Annually, the Investment and Construction Department is responsible for ranking the capacity (technical quality of construction, experience, schedule, and finance) of contractors who have participated in packages under projects managed by the Ministry of Agriculture and Rural Development, according to scale and each specific type of project, as a basis for selecting winning contractors.

This Decision takes effect fifteen days from the date of signature./.