Circular 05/2015/tt-Bkhđt: Detailed Rules Established Bid Goods

Original Language Title: Thông tư 05/2015/TT-BKHĐT: Quy định chi tiết lập hồ sơ mời thầu mua sắm hàng hóa

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Number: 05 /2015/TT-BKHT
Hanoi, June 16, 2015


Rules for the purchase of a procurement bid for goods


The base of the bidding law. 43 /2013/QH13 November 26, 2013;

Base of Protocol 63 /2014/ND-CP June 26, 2014 of the Government rules the details of certain provisions of the bidding law on the selection of bidders;

Base of Protocol 116 /2008/NĐ-CP November 14, 2008 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment issued a regulatory detail detailing the planning of procurement of goods procurement.

What? 1. The adjustment range

1. This information specifies the details of the filing of the procurement tender for the procurement of the contract under the regulatory range stipulated at Article 1 of the number of bids. 43 /2013/QH13, Except for the order to buy the prescribed drug at the point of a 1 Article 1 Article 1 Law of Bidding. 43 /2013/QH13 In particular:

a) This sample of bids for the purchase of cargo No. 01 (Model 01) applies to a broad bidding bid, limited bid in the country with the method of selecting the contractor a period of a case file;

b) The number 02 commodity procurement tender (Form No. 02) applies to a wide tender bidding package, a limited bid in the country with the method of selecting a contractor a two-bag period.

2. For the procurement procurement package that is held widely in the country (NCB) under the ADB ' s official development support (ODA) projects, the WB uses the NADB and WB bids issued in Vietnamese.

What? 2. Subject applies

This is applicable to the organization, the individual participant, or is involved in the operation of the selection of the procurement contractor that procurement goods within the regulatory sphere of regulation at Article 1 of this Information.

What? 3. Apply Commodity Procurement Tender

1. Procurement Bids purchase issued goods issued by this Notice were built on the basis of the regulation of the Vietnamese bidding law, while also referencing regulations on the bid of the Asian Development Bank (ADB), World Bank (WB) aimed at the company. providing a more favorable condition for the parties to participate in the bidding of the bidder, further strengthening the competitive, fair, transparent, and economic efficiency in the bidding.

2. For the goods procurement packages that use ODA capital, if approved by the sponsor, apply by Form 01 or Form 02 issued by this Smart or may be modified, adding some content by the regulation of bidding in the wish. International, international agreement between Vietnam and that sponsor.

3. For the case of international bidding, the scale base, the properties of the bid, the organization, the individual who does the filing of a bid to edit the regulation of bids, language, currency, preferable, time in bidding and other relevant content. In accordance with the provisions of the number of bidding laws. 43 /2013/QH13, Number Protocol 63 /2014/ND-CP.

4. For the small-scale commodity procurement package, the property base of the bid, the first case of the investment in question requires the application of a two-bag contractor selection process, which has to be approved by the competent authorities in the house selection plan. Bids and use Form 02 issued by this message to set up bids.

5. When setting up, appraisal, approval of the filing of the bid for procurement of goods, organization, individual must:

a) Apply the Procurement Tender bids issued by this and base on the scale, properties of each specific bid to make appropriate requirements on the basis of ensuring the principle of competition, fair, transparency, and economic efficiency;

b) The use of the use of goods to make requirements for engineering (characteristics, technical specifications ...) guarantee response to the capacity, in accordance with the need for practical use and business competability as well as the conditions of the market;

c) Not to be given the conditions aimed to limit the participation of the contractor or to make an advantage for one or some bidders that cause an unequal competition such as labeling, specific origin of the goods, including state naming, water group, territorial waters. The Turks cause discrimination; the case is not able to describe the details of the goods according to technical properties, technological design, technological standards, and may state the label, catalô of a particular product to refer to, illustrate the requirements of the technique of goods. But must be included with the phrase "or equivalent" after the label, the cataloe has to specify the content equivalent to that commodity in particular. Engineering, use features, technological standards, and other content (if any) without the equivalent regulation of origin.

d) Do not edit the specified rules in the Procurement Bids for the Contractor and General Conditions of the contract; for other content that can be modified to match the scale, properties of the bid. If you have a correction of the rules, the organization, the individual who does the establishment, the appraisal, approx the tender to the bid to ensure that it is appropriate, scientifically, more closely than the specified rules in the Procurement Template. And not against the rule of the bidding law. In a proposal to approve the request for a bid to specify the editing content relative to the specified filing of the bid and the correct reason for the editing of the review, the decision.

6. For the bid to provide non-consulting services, the scale base and the properties of the bid can edit the regulation at the above-listed file templates to apply accordingly.

What? 4. Apply tax rules, fees, fees and fees

1. The bid price of the contractor must include the full amount of costs required to make the bid, which has a tax, fee, fee (if available). Taxes, fees, fees imposed on tax rates, fees, regulations prescribed at a time of 28 days prior to the date of the time of the bidding.

2. For domestic bidding, when evaluation of the price must consider both the cost of taxes, fees, fees (if available).

3. For international bidding, when a review of the price is not considered and does not include, ranking the bidder for the cost of tax, fee, fee (if available). Where the contractor is ranked first, the cost of taxes, fees, fees (if any) will be specified specifically in the contract of the contract. The price of the bid, the contract price must include taxes, fees, fees (if available).

What? 5. Contract

1. The type of contract applies primarily to the commodity procurement package that is a complete package contract. The case of a particular, complex, scale, and duration of contract implementation over 18 months can be applied to the type of contract to be adjusted. When applying the type of contract under a regulatory order, the tender tender must explicitly specify the price adjustment formula; in the course of the contract execution, the case has a change in the price and need to adjust the contract price the contractor must demonstrate. the factors that led to the change in that price.

2. The tender profile must include the contract Form and the detailed regulation of the provisions, the clause of the contract to the contractor as a bid base and for the parties to be the basis of the negotiation, fining, signing the contract.

3. Contract agreement between the investment holder, the tender to the contractor with the contractor to comply with the Contract Form, the regulatory contract conditions in the tender tender and the corrections, added due to the proposed contractor approved by the owner of the agreement in the negotiation process, to complete the contract but warranties not contrary to the rule of law on the bidding and other provisions of the relevant legislation.

What? 6. The manufacturer ' s sales license

1. For conventional, common goods, available on the market, which has been standardized and issued under the manufacturer 's regulation then does not require the contractor to submit a manufacturer' s license to a manufacturer or a certificate of partnership or a partnership certificate. The other document has equal value.

2. For the specialty goods, the complex needs to stick with the responsibility of the manufacturer in the provision of post-sales services such as warranty, maintenance, repair, spare parts, alternative supplies and other related services that are in the possible bid filing. required the contractor to attend the bid to provide a manufacturer's sales license or a certificate of a partnership or other document with equal value. In the case of the bids, the contractor does not include a manufacturer's sales license or a certificate of partnership or other document with equal value, the contractor is responsible for it, supplematuation during filing evaluation. bids. The tender party must be responsible for receiving the additional document sent by the contractor to evaluate. The contractor is awarded only the contract after it has submitted to the owner of the manufacturer's sales license or a certificate of partnership or other document with an equivalent value.

3. The case in the manufacturer ' s sales license content or a certificate of partnership or other document has an equivalent value that has not fully met the requirements of the tender invitation case, the contractor has to ask the contractor to do so. It is clear about these content to have sufficient information to serve the evaluation of the bids without being removed from the contractor's bids.

4. The case of manufacturers, dealers, distributors of deliberately failing to provide for a sales license contractor or a certificate of a partnership or other document with a comparable value that has no legitimate reason, does not comply with the regulations of the company or the government. Trade and competition legislation, which led to an advantage or the creation of monopoles for other contractors, the contractor needed time to reflect on the Ministry of Planning and Investment and the Ministry of Commerce in time to process.

What? 7. The organization performs

1. This message has been in effect since 1 August 2015. This information replaces the Digital. 05 /2010/TT-BKH 10 February 2010 of the Department of Planning and Investment stipulated details of a bid for the purchase of the procurement package.

2. The ministries, peer agencies, government agencies, other agencies in the Central Committee, the People ' s Committee of the Ministries And Organizations, the individual are involved in responsibility for this private practice. In the course of execution, if there is an entangrium, recommended by ministries, peer agencies, government agencies, other agencies in the Central Committee, the People's Committee, and the organization, the individual is concerned with the idea of the Ministry of Planning and Investment in time to follow the ./.