This Decision issues the Tendering Regulation for the purchase and sale of national reserve goods organized by the National Reserve Agency. The Regulation applies to tendering activities and provides detailed provisions on the form, method, procedures, and responsibilities of the parties involved. Notably, it adopts an open tendering form, ensuring confidentiality, evaluating tender documents based on a scoring system, and selecting contractors based on bid prices.
적용 범위
The National Reserve Agency, regional national reserves under the National Reserve Agency, organizations, and individuals related to the implementation of tendering for the purchase and sale of national reserve goods.
핵심 사항
- Adopting an open tendering form to select the winning contractor
- Delegating responsibility for tendering between the Ministry of Finance and the National Reserve Agency
- Establishing conditions for participating in tendering, including production registration certificates, business registration certificates, technical capabilities, and financial capacity
- A single-envelope tendering form with a price quotation sheet
- National reserve goods import quality standards must comply with state regulations
- The tender submission deadline is 15 days, and the opening of tenders must take place within 48 hours from the closing time
- The maximum tender guarantee amount shall not exceed 200 million VND for one tender package
- The tender package price and bid price include all taxes as prescribed by law and other costs
🌐 이 문서의 사회적 영향
- Creating equal opportunities for contractors to participate in tendering, ensuring competitiveness
- Reducing risks regarding the quality of goods through thorough inspections before storage in the national reserve
- Saving costs and time for the parties involved through a tightly organized tendering process
❓ 자주 묻는 질문
How many tender documents can contractors submit?
Only one tender application may be submitted in one tender package, whether as an independent participant or a consortium bidder.
What is the maximum amount of the tender guarantee?
The maximum amount is not more than 200 million VND for one tender package.
What are the deadlines for submitting and opening tenders?
The tender submission deadline is 15 days, and the opening of tenders must take place within 48 hours from the closing time.
Can contractors modify their tender documents after the closing time?
Contractors are not allowed to modify the contents of their tender documents or withdraw them after the closing time, except in special cases.
What is the maximum amount of the performance bond?
The maximum amount is not more than 300 million VND for one tender package.
전문
DECISION OF THE MINISTER OF FINANCE
Regarding the issuance of the Tendering Regulation for Purchasing and Selling National Reserve Goods
THE MINISTER OF FINANCE
Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decree No. 88/1999/ND-CP dated September 1, 1999 of the Government promulgating the Tendering Regulations;
Pursuant to Decree No. 14/2000/ND-CP dated May 5, 2000 of the Government amending and supplementing certain Articles of the Tendering Regulations promulgated together with Decree No. 88/1999/ND-CP dated September 1, 1999 of the Government;
Pursuant to Decree No. 66/2003/ND-CP dated June 12, 2003 of the Government amending and supplementing certain Articles of the Tendering Regulation issued together with Decree No. 88/1999/ND-CP dated September 1, 1999 and Decree No. 14/2000/ND-CP dated May 5, 2000 of the Government;
Pursuant to Decision No. 270/2003/QD-TTg dated December 24, 2003 of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the National Reserve Corporation under the Ministry of Finance;
At the proposal of the Director of the National Reserve Corporation,
DECISION:
Article 1. The Tendering Regulation for Purchasing and Selling National Reserve Goods is hereby promulgated together with this Decision.
Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. It revokes Document No. 533/DTQG-KH-PC dated May 21, 2001 of the National Reserve Corporation on guiding the implementation of tendering for purchasing and selling national reserve materials and goods.
Article 3. The Director of the National Reserve Corporation, heads of relevant agencies and units under the Ministry of Finance shall be responsible for implementing this Decision./.
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UNDETERMINED
Nguyen Ngoc Tuan |
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TENDERING REGULATION
FOR PURCHASING AND SELLING NATIONAL RESERVE GOODS
(Issued along with Decision No. 31/2004/QD-BTC
dated April 6, 2004 of the Minister of Finance
PART I
General Provisions
Article 1. Scope and Applicability.
1. This Regulation applies to tenders for purchasing and selling national reserve goods organized by the National Reserve Corporation or regional national reserves directly under the National Reserve Corporation.
2. Organizations and individuals related to the implementation of tendering for purchasing and selling national reserve goods must comply with the provisions of this Regulation and other laws on tendering.
Article 2. Forms and Methods of Tendering.
1. Form of tendering: Open tendering shall be applied to select the successful bidder.
In cases where fewer than three bidders submit tender documents, the tender inviter must report to the competent authority for examination and decision.
2. Method of tendering:
Single-envelope method. When bidding, bidders must submit their tender documents once. Within this envelope, there must be a bid price sheet that complies with the requirements of the tender invitation notice. Principles of Tendering.
Article 3. 1. Organizations and individuals involved in organizing tendering and evaluating bids have the absolute responsibility to keep confidential all information related to the bidding entities and internal information of the Tender Board throughout the tendering process.
2. Tendering shall be conducted openly and equitably regarding rights and obligations among bidders.
3. The tender inviter and the successful bidder are responsible for strictly fulfilling the commitments regarding purchase, sale, delivery, receipt, and payment according to the tender results.
Currency for Participation in Tendering.
Article 4. The currency for participation in tendering is Vietnamese Dong (VND).
For imported/exported goods: during the evaluation and comparison of tender documents, the exchange rate between Vietnamese Dong and foreign currencies shall be determined based on the average inter-bank foreign exchange trading rate published by the State Bank of Vietnam at the time of opening the tender.
Quality Standards for Imported Goods for National Reserves.
Article 5. The quality standards for imported goods for national reserves must comply with state regulations. When participating in tendering, bidders are encouraged to introduce sample offers for the tender inviter to review and evaluate. Before importing goods into the national reserve warehouse, the reserve units must conduct a comprehensive inspection of all consignments provided by the bidder. If they meet the specified quality standards according to the tender invitation notice, they may be admitted into the warehouse.
Organization of Tendering Implementation.
PART II
The organization conducts the bidding process when at least two-thirds of the members of the Bidding Committee are present. The decision of the Bidding Committee must be approved by more than 50% of the Committee's members; in cases where the number of approvals and disapprovals is equal, the head of the agency organizing the bidding shall make the decision.
Section 1. Bidding for National Reserve Goods Purchases
Article 6. Organizing Agency for Bidding.
The State Treasury Management Agency.
National Reserve Region.
Article 7. Allocation of Responsibility for Bidding.
1. The Ministry of Finance shall approve bidding plans and results of bidding packages with values from VND 7 billion to less than VND 50 billion.
2. The State Treasury Management Agency shall approve bidding plans and results of bidding packages with values under VND 7 billion.
Article 8. Conditions for Implementing Bidding.
1. Conditions for Organizing Bidding:
Having a bidding plan for purchasing national reserve goods that has been approved by the competent authority;
Tender documents have been approved by the competent authority.
2. Conditions for Participating in Bidding:
Bidders participating in bidding for national reserve goods purchases must ensure the following conditions:
Possess a production and business registration certificate issued by the competent state agency, appropriate to the goods being bid on;
Have sufficient technical and financial capacity to meet the requirements of the bidding package;
Have sufficient civil law capacity, and individuals must also have the capacity to enter into and perform contracts if they win the bid;
The bidding proposal must comply with the tender document regulations;
Only participate in one bidding proposal in one bidding package, whether participating independently or as part of a consortium;
Be listed in the database of bidders.
The tenderer may not participate in bidding as a bidder for bidding packages organized by themselves.
Article 9. Bidding Council.
1. Formation of the Bidding Council:
In cases where the tenderer is the State Treasury Management Agency, the National Reserve Goods Purchase and Sale Bidding Council (referred to as the Bidding Council) shall be established by the Minister of Finance. The Bidding Council shall be chaired by a Leader of the State Treasury Management Agency, with members including representatives from the Departments of Financial Administration, Administrative Services, Price Management of the Ministry of Finance; representatives from the Financial Accounting Board, Planning and Consolidation Board, Warehouse Management Board, Technical and Preservation Technology Board, Policy and Office of the State Treasury Management Agency. If necessary, the Chairman of the Bidding Council may decide to establish a team of specialized staff.
In cases where the tenderer is a Regional National Reserve directly under the State Treasury Management Agency, the Bidding Council shall be established by the Director of the State Treasury Management Agency. The Bidding Council shall be chaired by a Leader of the Regional National Reserve, with members including representatives from the Planning Department, Warehouse Management Department, Preservation Technology Department, Accounting and Finance Department, and representatives from the Department of Finance where the Regional National Reserve is located. If necessary, the Chairman of the Bidding Council may decide to establish a team of specialized staff.
2. Principles of Operation of the Bidding Council:
Members of the Bidding Council work on a part-time basis.
The Bidding Council organizes bidding in accordance with the Bidding Regulations and principles and systems stipulated; guiding documents of the Ministry of Finance and the State Treasury Management Agency related to bidding for national reserve goods purchases and sales.
When handling matters, the Bidding Council operates according to the principle of democratic centralism, deciding by majority rule. A meeting of the Bidding Council can only be held when at least two-thirds of the council members are present. Decisions of the Bidding Council must be agreed upon by more than half of the council members; in case the number of opinions agreeing and disagreeing are equal, then the head of the organizing agency shall make the decision. During the organization of the bidding process for purchasing and selling national reserve goods, if there are difficulties or obstacles, the National Reserve Agency must promptly report to the Ministry of Finance for consideration and resolution./.
3. Tasks of the Bidding Council:
Prepare bidding plans for submission to the competent authority for approval;
Prepare tender documents including: tender announcement, sample bidding proposal form, instructions for bidders, technical requirements and quality standards of goods, types of contracts and taxes as prescribed by law for bidders to base their bidding price calculations;
Announce the tender invitation once the bidding plan has been approved by the competent authority;
Guide bidders to purchase and submit bidding proposals;
Receive and manage bidding proposals in accordance with regulations;
Develop a scoring system for evaluating bids;
Advise the head of the organizing agency on bid evaluation prices;
Conduct public opening of bids and prepare minutes of the bid opening;
Organize bid evaluation (reviewing, detailed assessment, and ranking of opened bidding proposals) in accordance with prescribed procedures;
Compile and prepare reports on the results of bidding for submission to the competent authority for approval;
Announce the results of the bid opening.
Article 10. Posting Tender Invitations, Bid Submission Deadlines, Bid Opening Dates, and Validity Periods of Bidding Proposals.
1. Posting Tender Invitations: The tenderer must post tender invitations on one of the mass media (daily newspapers, radio and television stations) of the central or local level for three consecutive periods, or post on the tender information bulletin and the national website on bidding issued by the State and the Ministry of Finance before selling tender documents, at least ten days from the first posting date of the tender invitation.
2. Bid Submission Deadline: Within fifteen days from the start of selling tender documents, bidders must submit bidding proposals to the tenderer.
3. Bid Opening Date: Within forty-eight hours from the closing time (excluding holidays as prescribed by law), the tenderer must organize the bid opening.
4. Validity Period of Bidding Proposals is the period from the bid submission deadline to the announcement of the winning bid result but not exceeding one hundred eighty days from the closing time.
Article 11. Bidding Plan.
The bidding plan includes the following main contents:
Tender Announcement:
Name and address of the tenderer;
List of specific bidding packages (name, specifications, quantity, weight, quality, packaging, storage location, origin...);
Tender conditions;
The time for issuing tender documents, the closing date for tenders, and the opening date for tenders.
Estimated tender package price;
Type and duration of contract implementation;
Determining the amount of tender bid bond and performance bond;
Determining the criteria for evaluating bids and the scoring scale for evaluation;
Other issues if any.
Article 12. Tender documents, bid documents.
1. Tender documents include:
Bid invitation notice;
Bid application form;
Requirements regarding types, quantities, quality of goods, packaging...;
Conditions regarding progress, delivery methods;
Financial conditions and payment methods;
Bid price submission form;
Bid bond form;
Contract agreement form;
Performance bond form;
Other relevant instructions related to bidding;
Bid document templates shall be implemented according to Circular No. 04/2000/TT-BKH dated May 26, 2000 issued by the Ministry of Planning and Investment guiding the implementation of the Bidding Regulations. guiding the implementation of the Bidding Regulations.
2. Bid documents include:
a. Administrative and legal contents:
A valid bid application form (must have the signature of an authorized person);
A copy of the business registration certificate for production and trading (notarized by the State before the maximum deadline for submitting bids is 100 days). For complex equipment procurement packages, in addition to a copy of the business registration certificate, a notarized copy of the manufacturer's sales license must also be provided (if specified in the tender documents);
Documents introducing the bidder's capacity and experience;
Submission of bid bond money.
b. Technical and quality contents:
Technical characteristics of goods;
Technical solutions and technology;
Origin of goods and manufacturer certificates. If it is domestically produced goods, they must be certified by a competent state agency regarding quality standards as required by the tender documents (inspection or national standard measurement quality agency);
Training and user guidance;
Contract implementation schedule;
Warranty period.
c. Commercial and financial contents:
Bid price with detailed explanation and price breakdown;
Delivery and receipt conditions;
Payment conditions.
Article 13. Management of bid documents.
The tenderer is responsible for organizing the receipt, recording, sealing, managing, and ensuring confidentiality of bid documents under the "Confidential" regime.
Bid documents will not be returned to the bidder after the opening of bids and will be stored according to the regulations on the preservation of documents and materials.
Article 14. Modification of bid documents.
1. Bidders may not modify the content of bid documents or withdraw bid documents after the closing date for bids.
During the evaluation and comparison of bid documents, the tenderer may request the bidder to clarify issues related to the bid documents. Requests from the tenderer and responses from the bidder must be documented in writing.
2. In special cases requiring modification or supplementation of certain contents in the tender documents, the tenderer may extend the preparation time for bid documents. Any modifications or supplements to the tender documents must be sent in writing to participating bidders at least 10 days before the specified closing date.
Article 15. Bid bond.
The amount of the bid bond is determined specifically by the tenderer for each tender package but shall not exceed 200 million VND for one tender package. This amount must be submitted in cash, by check, or by bank guarantee confirmation (from the bidder's transaction account) at the accounting department of the tenderer before the bid opening and shall not accrue interest during the guarantee period. To facilitate bidders, the tenderer may organize the collection of bid bonds on-site before the bid opening.
The bid bond amount will be refunded to unsuccessful bidders within 30 days after announcing the winning bid results. For the successful bidder, the bid bond will be refunded when the successful bidder has submitted the performance bond and the contract has been signed.
Bidders shall not receive back the bid bond amount in cases stipulated in Clause 3, Article 28 of the Bidding Regulations issued together with Decree No. 88/1999/NĐ-CP dated September 1, 1999, and Clause 26, Article 1 of Decree No. 66/2003/NĐ-CP dated June 12, 2003 of the Government. This amount will be deposited into the State budget.
Article 16. Performance bond.
The amount of the performance bond is determined specifically by the tenderer for each tender package, up to 10% of the contract value, but not exceeding 300 million VND for one tender package. This amount must be submitted in cash, by check, or by bank guarantee confirmation (from the successful bidder's transaction account) at the accounting department of the tenderer; this guarantee amount shall not accrue interest during the guarantee period and will be immediately refunded to the successful bidder upon contract liquidation.
If the successful bidder breaches the commitments in the contract or refuses to implement the contract, this amount will be deposited into the State budget and other violations related to the obligations of signing and implementing the contract will be processed.
Article 17. Tender package price, bid price.
1. Tender package price: Is the price delivered at the storage warehouse door or at another location (stated in the bid invitation notice), including all taxes as prescribed by law and other costs.
The specific tender package price or the limit price for bidding is determined by the Director of the National Reserve Administration based on the directive price framework for buying and selling national reserve goods of the Ministry of Finance, managed under the "Confidential" regime and implemented as follows:
In case the National Reserve Administration organizes bidding: based on the directive price framework of the Ministry of Finance and the approved bidding plan; the Director of the National Reserve Administration determines the tender package price and hands it over to the Chairman of the Bidding Committee within the period from after the closing date for bids to before the opening date for bids. The tender package price can only be announced during the evaluation process.
In case the Director of the National Reserve Administration entrusts the Regional National Reserve Manager to organize bidding: based on the directive price framework of the Ministry of Finance and the approved bidding plan, the Director of the National Reserve Administration determines the directive bidding limit price and sends it via official communication or directly to The Director of the Regional National Reserve shall, from the time immediately following the tender closing date until before the opening of the tender, instruct the Regional National Reserve Director to set the tender price for the tender package to be submitted to the Chairman of the Tender Board prior to the opening of the tender. If the price notification document from the National Reserve Agency does not arrive within the specified timeframe, the Director of the National Reserve Agency shall directly notify the Director of the Regional National Reserve via telephone.
2. Tender Price:
Is the price for delivery at the reserve warehouse door or at another location (as stated in the tender invitation notice), including all types of taxes as prescribed by law and other costs.
The bidder must record the tender price for the tender package in accordance with the requirements stated in the tender invitation notice contained in the tender submission envelope.
Article 18. Opening of Tenders.
After receiving intact tender submissions that have been timely submitted and managed under the "Confidential" regime, the tender opener shall publicly conduct the opening according to the date, time, and location specified in the tender invitation document.
The tender opening meeting shall be chaired by the Chairman of the Tender Board and conducted in the following sequence:
Announce the participants;
Announce the number and name of bidders who have submitted tender submissions;
Check the sealing of the tender submissions;
Open each tender submission envelope in turn, read and record the main information as follows:
Name and address of the bidder;
Number of original and copy pages of the tender submission;
Tender price, including any discount (if applicable);
Bid bond.
Approve the tender opening minutes. The tender opening minutes must clearly state the tender package name; date, time, and location of the tender opening; names and addresses of the bidders; tender prices, tender guarantees; and any related matters (if applicable).
Representatives of the tender inviter, bidder, and relevant management agencies (if present) must sign to confirm the tender opening minutes.
The original tender submission documents must be signed by the tender inviter on each page before evaluation and management under the "Confidential" regime. Evaluation will be based on copies.
Article 19. Examination of tender submissions during the opening.
The examination of tender submissions during the opening shall be evaluated and compared based on technical standards, quality, financial capacity and expertise, pricing, implementation schedule, and other necessary requirements. The evaluation is conducted using a scoring method based on a predetermined scale before the opening.
1. Preliminary Assessment:
The preliminary assessment aims to eliminate tender submissions that do not meet the requirements of the tender invitation notice and is carried out as follows:
a. Verify the validity of the tender submissions;
b. Examine the compliance of the tender submissions with the tender invitation document (check tender conditions);
c. Clarify the tender submissions (if necessary).
Through this process, tender submissions that do not meet the requirements are identified and removed from the list of tenderers.
2. Detailed Assessment:
The detailed assessment of tender submissions is carried out in two steps as follows:
Step 1. Technical and quality standard assessment:
The technical and quality standard assessment of tender submissions is conducted based on the requirements and evaluation criteria stipulated in the tender invitation document. Bidders achieving a minimum score of 70% of the total points in terms of technical and quality standards will be selected for further consideration in step 2.
Step 2. Proceed to review the tender prices of the bidders selected through step 1.
3. Announcing the Tender Package Price.
Article 20. Ranking and selecting the bidder.
1. Based on the results of the tender submission evaluations, the Tender Board compiles and ranks the evaluations.
2. Awarding the bid is based on the requirements in the tender invitation notice; among the tender offers with the same conditions that meet the tender requirements, the recommended winning bid is the offer with the lowest price relative to the tender package price.
For offers without the same conditions, the Tender Board examines each specific condition according to the scoring scale to determine the award result.
3. In cases where the bidding parties have the same scores and tender prices, the tender inviter conducts a second round of bidding among these parties to select the bidder with the lowest tender price. If the second round of bidding still results in equal prices, the quantity of the tender package will be negotiated and divided among the bidders or drawn lots to select the recommended winning bidder.
4. In cases where the bidders have the same tender prices but different scores, the bidder with the higher score is chosen.
5. The winning bidder must enter into a national reserve goods purchase and sale contract with the designated Regional National Reserve within the specified timeframe. If the bidder fails to sign the contract within the deadline, it is considered to have reneged on its commitment, and the tender inviter may choose the next ranked bidder whose tender price is within the tender package price limit.
6. After the tender opening, the tender organizing agency must immediately report the tender results along with the tender opening minutes to the competent authority for approval. Only after the tender results are approved do they acquire legal effect, and the tender inviter can officially announce the results in writing to the participating bidders to proceed with signing economic contracts as prescribed.
Article 21. National Reserve Goods Purchase Contract.
1. After the tender results are approved by the competent authority, the Director of the National Reserve Agency shall direct the Regional National Reserves assigned the task of importing national reserve goods to sign an economic contract for purchasing national reserve goods in accordance with the provisions of the law.
2. The main contents of the national reserve goods purchase contract include:
Product name;
Specifications;
Quantity;
Quality;
Price;
Payment method: advance delivery, payment after receipt according to the progress of delivery;
Delivery location, method, time, and progress;
Responsibilities of each party when performing the contract;
Liability for breach of contract.
These contents must correspond with those mentioned in the tender invitation document.
Additionally, the parties may agree on other contents in the contract provided they do not contravene the law. Other contents in the contract may be agreed upon by the parties provided they do not contravene the law.
Article 22. Tender organization costs.
The tender inviter is entitled to collect tender fees to cover the costs of organizing the tender such as printing materials, information dissemination, advertising, etc., in accordance with the law on fees and charges. The collection and expenditure of tender fees must be supported by complete and valid documentation and reflected in accounting records.
Article 23. Handling situations in tendering.
1. In case all bidding prices in all bidding proposals exceed the tender package price for purchasing goods (or are lower than the tender package price for selling goods), the tenderer must report to the competent authority for approval of the bidding plan and the bidding results to consider allowing bidders whose proposals basically meet the requirements of the tender invitation to re-quote or simultaneously with the re-quotation, review the tender package price in the approved bidding plan and the contents of the tender invitation (if necessary).
2. Cancellation of bidding and financial responsibility for cancellation of bidding:
a. Bidding cancellation shall be applied in one of the following cases:
Change in the objectives stated in the tender invitation;
Evidence showing that the tenderer colluded with the bidder to create a lack of competition in the bidding process;
All bidding proposals basically do not meet the tenderer's requirements;
Evidence showing that bidders colluded to create a lack of competition in the bidding process, affecting the interests of the tenderer.
Based on the decision of the competent authority, the tenderer has the responsibility to notify all bidders about the cancellation of the bidding or the re-bidding.
b. Financial responsibility for cancellation of bidding:
If the bidding is cancelled due to the fault of one of the bidders, that bidder will not be refunded the bid bond already submitted.
If the bidding is cancelled not due to the fault of the bidder, the tenderer is responsible for compensating the bidders for the bidding participation costs according to the state-set standards, including:
Cost of purchasing the bidding proposal.
Travel expenses for purchasing the tender invitation and submitting the bidding proposal.
Cost of preparing the bidding proposal.
Other costs (office supplies, depreciation of equipment...).
The compensation cost when cancelling the bidding due to changes in objectives or investment scope decided by the authorized person shall be paid from the bidding organization budget. If it is due to other reasons caused by the fault of the tenderer, the relevant individuals must bear the responsibility for payment. 3. In case there are two bidding proposals with the best evaluation results being equal (in terms of points or evaluated price), the tender will be awarded to the bidder with the lowest corrected bidding price after mathematical errors have been fixed and additional or adjusted according to the tender invitation requirements (except for the provisions in Clauses 5, 6, 7 of Article 10 of the Tendering Regulation issued together with Decree No. 88/1999/NĐ-CP dated September 1, 1999 of the Government).
4. The elimination of bidding proposals shall be applied in one of the following cases:
The bidding proposal does not meet the preconditions set out in the tender invitation.
The bidding proposal does not meet technical requirements.
The bidder does not accept the mathematical errors detected by the tenderer and requested to correct, or the mathematical errors exceed 15% of the bidding price.
The total value of discrepancies exceeds 10% of the bidding price.
There is false information declared.
Section 2. Bidding for National Reserve Sales
Organizing bidding.
Article 24. The organization of bidding for national reserve sales shall be carried out like bidding for national reserve purchases, except for the provisions at point b Clause 2 Article 12; Article 19; Clause 1, 2 Article 20; Article 21 of this Regulation.
Bidding proposal.
Article 25. A copy of the business registration certificate (notarized by the State before the maximum deadline for submission is 100 days);
A valid bid application form (must have the signature of an authorized person);
Submission of bid bond;
Bid price sheet.
Checking the validity of the bidding proposals;
Article 26. Examination of tender submissions during the opening.
Reviewing the compliance of the bidding proposals with the tender invitation (checking the bidding conditions);
Considering the bidding prices of the bidders;
Announcing the tender package price.
Selecting the bidder.
Article 27. 1. On the basis of reviewing the bidding proposals when opening bids, the Bidding Committee will compile and rank the bidders. The proposed winning bid is the bid sheet with the highest price compared to the tender package price.
2. In case the bidders have the same bidding price, the tenderer will conduct a second round of bidding among these bidders to select the bidder with the highest bidding price. If the result of the second bidding round is still the same, the quantity of the tender package will be negotiated to divide among the bidders or draw lots to choose the proposed winning bidder.
Contract for national reserve sales.
Article 28. 1. After the bidding results are approved by the competent authority, the Director of the National Reserve Administration will direct the regional national reserves assigned the task of exporting national reserve goods to sign economic contracts for national reserve sales in accordance with the provisions of the law.
2. The main contents of the national reserve sales contract include:
Payment method: advance payment, delivery after progress of goods handover;
Product name;
Specifications;
Quantity;
Quality;
Price;
Based on this Regulation, the National Reserve Administration is responsible for guiding specific agencies and units related to organize the implementation of bidding for national reserve purchase and sale strictly, effectively, and in accordance with the provisions of the law.
Delivery location, method, time, and progress;
Responsibilities of each party when performing the contract;
Liability for breach of contract.
Additionally, the parties may agree on other contents in the contract provided they do not contravene the law. Other contents in the contract may be agreed upon by the parties provided they do not contravene the law.
CHAPTER III
IMPLEMENTATION
Article 29. Implementation
During the organization of bidding for national reserve purchase and sale, if there are difficulties or obstacles, the National Reserve Administration must promptly report to the Ministry of Finance for consideration and resolution./.
During the process of organizing the tender for purchasing and selling state reserve goods, if there are difficulties or obstacles, the National Reserve Agency must promptly report to the Ministry of Finance for consideration and resolution./.
DEPUTY MINISTER
관계도
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