IT ' S SMART

Regulation of bidding to shop for property aims to maintain regular activity of the agency.

the state, the political organization, the political-social organization, the social political organization-the profession,

social organization, social organization-profession, the people ' s armed unit.

____________________________

State Budget Rules 01 /2002/QH11 December 16, 2002;

The Management Law Base, which uses a digital state property 09 /2008/QH12 June 3, 2008;

The base of the bidding law. 61 /2005/QH11 November 29, 2005;

The amended Law Base, which adds some of the provisions of the Laws related to the digital building investment. 38 /2009/QH12 June 19, 2009;

Base of Protocol 85 /2009/NĐ-CP October 15, 2009 of the Government's Guide to the Bidding Act and the selection of contractors built under the Law of Construction;

Base of Protocol 118 /2008/NĐ-CP November 27, 2008 the Government provides for the functions, duties, powers, and organizational structure of the Ministry of Finance.

At the suggestion of the Chief Financial Officer of the Career.

The Minister of Finance issued a bid to shop for property aimed at maintaining the permanent functioning of the state agency, political organization, political-social organization, social political organization-profession, social organization, social organization, social organization, and social organization. -The profession, the people's armed units.

Chapter I

COMMON RULES

What? 1. Subject applies

State agencies, the public career unit, scientific organization and public technology, units of the People ' s Armed Forces, the Communist Party of Vietnam, the political-social organizations, the social political organization-the profession, the social organization, the organization. Social-professional (later called organ, unit) when procurement of property, goods, services (not part of the construction investment project) aims to maintain regular activity from the costs of funding under the provisions of the two Articles 2 This is required. currently bidding under the provisions of this message and the regulation of the relevant law.

What? 2. The adjustment range

1. Asset procurement in accordance with paragraph 2 Article 1 Law of Bidding, including:

a) The equipment, the means of regulation at Decision No. 170 /2006/QĐ-TTg July 18, 2006 by the Prime Minister on the issue of the Standard Regulation, the level of equipment and facilities of the agencies and staff, the public office, the state official;

b) supplies, tools, maintenance instruments that operate regularly;

c) Machines, equipment served for professional work, service safety, fire, fire, and fire.

d) May prepare the industry (including procurement of materials and luck);

The information technology project uses a career capital by regulation at the Digital Protocol. 102 /2009/NĐ-CP June 6, 2009, the government regulates investment management of information technology using state funding; information technology products include: machines, equipment, accessories, software, and products, other information technology services, and other products. including installation, test, warranty (if any);

e) Transport: automobiles, motorcycles, ships, boats, canoes and other vehicles (if any);

g) Products in print, materials, charts, publications, publications, stamps; culture, books, materials, movies and products, services for propaganda, promotion and service to professional work;

h) The maintenance services, maintenance, repair of equipment machinery, work vehicles, transportation; work-based leasing services and other assets; network outsourcing services; insurance services; power supply services, water, telephone, etc. And other services;

i) Advisory Services (technology choice consulting, consulting to analyze, evaluate bids and other shopping consulting services);

l) Industrial ownership copyright, intellectual property (if any);

l) The types of goods, properties, other services are shopping in order to maintain the regular functioning of the agency, the unit.

The goods, properties, services above, are then collectively known as property.

2. Asset procurement funding, including:

a) The state budget budget is given a competent authority over the annual budgetary expenditure of the agency, the unit;

b) The credit capital is due to the state of bail, which is other than the state administered by the state (if any);

c) Development investment capital (ODA) preferable loans (except for the case of a loan agreement or other defined international treaty);

d) The source of aid, the funding of individuals, organizations within and abroad of the state budget (except for the procurement case at the request of the sponsor);

The source of the fee, the fee used by the rule of law;

e) The funding from the fund to develop a career, the welfare fund of the public career unit, the scientific organization and the public technology;

g) Other legal sources by regulation (if any).

What? 3. This information does not apply to cases.

1. Purchasing supplies, equipment belonging to the construction investment project.

2. Shopping for equipment, specialized vehicles for defense, security.

What? 4. contractor selection forms

Including extensive bidding, limited bidding, bids, live shopping, competitive offering, self-implementation, contractor selection in special cases.

The base informs the written approval of the source of funding, merchandise content, procurement services for a year of budget or implementation period for each content, the type of goods, the service of the private level, the organ of the organ, the organ application. The choice of contractors to buy property in accordance with regulations. It prohibits the separation of the bid to make purchases in the form of non-bidding or selecting a non-regulatory form of bidding or intentionally deciding on a property procurement, approval of the bidding plan, bids, results of choice. The contractor is not guaranteed by the regulatory authority at Chapter II of this Information and devolve at the unit.

Chapter II

COMPETENTIES IN BIDDING

What? 5. The authority decides to shop for property

1. The minister, peer-agency chief, head of the other agency in the centre (later called off as the Head of the Agency in Central), Chairman of the People ' s Committee of the High-level Procurement Decisions for the agencies, units of the regulatory range in accordance with regulations. I'm going to show

The head of the agency in the centre of the base enters the actual situation to decide or devolve the authority to decide on procurement of property to the agencies, the unit within the management range.

The devolve base of the Provincial People's Council, the Chairman of the People's Committee of the People's Committee, decides to devolve into the jurisdiction of the decision to purchase property at the agencies, units of the governing range under the current regulations.

2. Head of the unit of the bill of the bill to the licensing of the procurement of asset-based asset management is granted on the hierarchy.

3. Head of the public career unit that decides the procurement of assets from the source of career activity development fund, the regulatory benefit fund at a point a 3 Article 5 digital decree. 43 /2006/NĐ-CP April 25, 2006, of the Government Regulation of autonomy, self-responsibility for the implementation of the mission, organization of the apparatus, commission, and finances to the public career unit; paragraph 2 Article 41 The number of Protocol 52 /2009/NĐ-CP June 3, 2009, the Government regulates the details and guidelines of certain provisions of the Law of Management, using state property and the provisions of the law, of the relevant authorities.

4. Head of the scientific organization and public technology decision to decide the procurement of assets from the source of career activity development fund, the regulatory benefit fund at paragraph 3 Article 8 digital decree. 115 /2005/NĐ-CP September 05/2005 of the Government regulates the autonomy mechanism, self-responsibility of the scientific organization and public technology, paragraph 2 Article 41 Decree No. 52 /2009/NĐ-CP June 3, 2009, the Government regulates the details and guidelines of certain provisions of the Law of Management, using state property and regulation of the law, of the relevant authorities.

5. The competent person who decides to shop for property rules at 1, paragraph 2, paragraph 3, paragraph 4 up here or professional organization has sufficient capacity and experience competent people decide to purchase the property of the bidding organization under the prescribed rules. The law of the following bid is called the Contender.

What? 6. Authority approval of bidding plan

The head of the central organ; the Chairman of the People's Committee; the Chief Minister of the People's Committee; the Minister of the Agency, the competent unit of the decision to purchase property provisions in Article 5 of this Information approx the planning of a bid under the jurisdiction of the decision to purchase the property of his own. According to the rules.

What? 7. Authority approval of the tender invitation profile, approx the result of the contractor selection

The head of the central authority, the Chairman of the People ' s Committee; the Head of the Agency, the competent unit of the decision to decide on the procurement of property provisions in Article 5 of this approved or arbitrary case, may mandate (or deliver) to the subordinate level. You approve the bids, the result of a decision-making contractor who decides to shop for the property of his own.

Chapter III

ASSET PROCUREMENT PLAN

What? 8. The planning base for procurement of property

1. Standards, the level of equipment and equipment levels of the agency and the staff, the public, the officer; the existing equipment need to replace, purchase additional, new procurement for job requirements.

2. The decision to purchase the property of the competent grant (regulation at this Article 5).

3. The procurement scheme for the entire sector is approved by the Prime Minister (if any).

4. There is an asset to buy property in accordance with this 2 Articles 2.

5. Results the price appraisal of the functional agency, the price appraisal task; of the organization that functions to provide price appraisal or price reports.

What? 9. Content of each bid in the bidding plan

The division of the procurement of assets into subsets must be based on the technical nature, the self-implementation sequence, which guarantees synchrony in procurement and has a reasonable bid scale. Each of these bids has only one tender offer and is conducted once again. A bid is made in accordance with a contract, where the tender package consists of multiple independent parts that are executed in one or more contracts. The contents of each bid include:

1. The tender name.

2. The bid price.

When setting up and determining the bid price in the bid plan, the tender tender, the agency, the bid unit needs to base at least one of the following documents:

a) The commodity price required of at least 3 different supply units on the site to make the base determine the bid price; in the case of not enough 03 units on the site could be consulted on another site guaranteing enough 3 prices;

b) The bid for the bid was approved by the competent authority (including: the property type, quantity, order ...);

c) The price appraisal of the functional body, the price appraisal task, of the organization with the function of providing price appraisal services;

For certain types of goods, the service requires appraisal by the Government's provisions on the regulation of certain provisions of the Ordinal Code and the provisions of the relevant law must have the price appraisal of the price management authority.

d) The market price at the time of the procurement was consulted from the mainstream information provided by the published providers via the Internet;

The price of the purchase bid for the same goods was similar in the previous time.

3. Cost of funds.

4. Form of contractor selection and method of bidding.

5. Time of choice of bidders.

6. Form of contract.

7. Time of contract execution.

What? 10. Pretender Browser

1. Browser responsibility:

The agency chief, unit (or department chief, chamber, ban) was taken by the Chief Minister, the upper-level unit (or the Chief Minister, his unit) tasked with procurement of the property charged with planning a bid on the person with the authority to approve the plan. The bids for regulation in Article 6 consider approval; at the same time to the agency, the organization, the appraisal department is regulated at Article 37 of this.

2. Browser profile:

a) Browser text:

-The work part has done in connection with the preparation of the asset procurement bid, the pre-implementation bids with the corresponding value (if available) and the legal bases to implement.

-The work part does not apply to one of the forms of contractor selection stipulated at Articles 12, Article 13, Article 14, Article 33, Article 34, Article 35, Article 36 of this. In it, for the bids not to adopt a broad form of bidding, in the bidding planning text, the Chief of the Agency, the unit must specify the reason for adopting other forms of choice on the basis of compliance with the existing regulations on bidding and information. Come on.

-The bidding plan consists of the work that has formed the bidding package in one of the forms of decision-making contractor selection at Articles 12, Article 13, Article 14, Article 33, Article 34, Article 35, Article 36 of this.

b) The document accompanying the browser text:

When a procurement planner procurement property must be submitted with a draft of the bid for the bid and the capture of the documents as the planning base plan stipulated at this Article 8.

What? 11. Approve bid plan

After receiving full records of the bid plan and the appraisal report, the agency chief, the regulatory unit at Article 6 of this Information is responsible for approving the bidding plan, while approving the tender offer or requesting to adjust the bid for the bid. (if any) as a base for the subordinate organization.

The time of approval of the bidding plan is no more than 10 days, since the full date is full of reporting the bidding plan and report the agency ' s bid plan, the appraisal organization.

Chapter IV

IMPLEMENTATION OF THE CONTRACTOR SELECTION APPLIES A BROAD FORM OF BIDDING,

LIMITED BIDDING AND BIDS

What? 12.

1. The selection of the contractor in the procurement of property pursuits at paragraph 1, Article 2 of which is required to make extensive bidding unless the cases are regulated at Articles 13, Article 14, Article 33, Article 34, Article 35, Article 36 of this.

2. When making extensive bidding, not limiting the number of bidders to the bidding. The case at the time of the bidding has less than 3 (three) bids to file bids, the invitation to report immediately (directly, telephone, email, fax or written) to the person with the authority to decide on the property procurement to review, address during the period. less than 4 hours in one of the following two ways: The decision to allow for the duration of the bid to further increase the bids or allow the bid to proceed to evaluate the submitted bids.

A time extension case must specify a time of the bidding time, a new filing deadline, and the corresponding deadline for the contractor to have enough of the time to modify or add a new required profile.

The case reported by phone or directly then the invitation to complete the bid to complete the procedure by writing in the period of no more than 10 days, since the date of the bidding.

What? 13. Limited bid

Limited bidding is applied in the following cases:

1. At the request of the foreign donor to the source of capital used for the bid.

2. The bid requires a high degree of technical or feature-based requirements, a research-based bid, testing that only a number of contractors are likely to meet the requirements of the bid.

3. The implementation of a limited bid must be approved in the bidding plan. The invited party must invite a minimum of 5 (year) the contractor is determined to have sufficient capacity and experience to join the bid; the actual case has fewer than five contractors, the Chief Minister, the competent authority under the regulation at Article 5 of this review review, the decision. intended to continue to hold a limited bid or to adopt other forms of choice.

What? 14.

Only the bid is applied in the following cases:

1. Purchasing goods to rectify the impossibility of resistance by natural disasters, the enemy, the incident needs to be remedied right away.

2. The bid is due to the request of the foreign sponsor.

3. The National Secret Service requires a bid to secure a request for security information under the law of security legislation.

4. Buy goods that have been granted a bid by the Prime Minister.

5. Goods only by a manufacturer and delivers with the most semi-unifying price within the country.

6. The consulting service package has a bid price of no more than 500,000,000 copper (five hundred million dollars), the procurement package under the project or the regular procurement bill costs a bidding package of no more than 100,000,000 (a hundred million); the case is needed. then the chief organ minister has the authority to decide to purchase the property that decides to hold the bidding by regulation.

7. Purchasing property types to recover, maintain, maintain, upgrade, expand the capacity of the device, the technology chain, technical infrastructure, the information technology software that was previously purchased from a supply contractor and could not be purchased from the suppliers of the supply chain. Other levels are required to guarantee the compatibility of the device, technology or inefficiency, which increases the cost.

When making the bidding process, the selection of a contractor is determined to have sufficient capacity and experience to meet the requirements of the bid and must comply with the process of implementation of the specified bids at this Article 32.

Item 1

THE EXTENSIVE BIDDING PROCESS AND LIMITED BIDDING FOR THE BIDDING PACKAGE

THE ADVISORY SERVICE IN THE EVENT OF THE CONTRACTOR IS THE ORGANIZATION

What? 15. Prepare to bid

1. Select a list of bidders to invite participation in the bidding (short list). Depending on the specific nature and conditions of each bid, when making extensive bidding, the agency, the procurement unit may inform the bid immediately at paragraph 4 or apply the procedure to choose the list of consulting contractors to invite. participate in the bidding (short list) but must be approved by the competent authority in the bidding plan. The procedure of selecting a list of consulting contractors to invite participation in the bid (shortlist) is made included:

a) For the extensive bidding:

-The agency chief, the unit of implementation of the procurement approx of an invite-interest profile including the required content of expertise and the number of experts; requests for experience;

-Standards assessment standards built under the criteria of "achieve", "do not achieve" and need to be stated in the interested invitation profile, including the standard of expertise in expertise and the number of experts; the standard of experience;

-The invitation to submit a report of interest (including English for international bidding) must be sent to post on the Benders for a minimum of 3 consecutive times. In addition to the registration under the above regulations can be posted simultaneously on other public information media;

-Since the first day of posting an invitation to submit a report of interest, the invitation issued a free release bid for the contractors interested in the need to participate before the expiration date of the filing of interest. In the case of agencies, the procurement unit does not issue an invitation-based invitation profile or perform any behavior that restricts the contractor to receive an invitation of interest that will be processed under the regulation of a bid to participate in a regulatory bid. current;

-Time for the contractor to prepare a minimum interest record of 10 days for domestic tender and 20 days for international bidding, since the first day of release of an invitation profile;

-The invitation to evaluate the value of interest filed by the contractor by the standards of evaluation, selection, and the agency's Chief of Procurement, the unit makes procurement of the short list.

b) For limited bidding:

The invitation to specify a short list of up to a minimum of five contractors has sufficient capacity, experience and has the need to participate in the office of the agency ' s agency, the implementation of the procurement procurement. The actual case has fewer than five bidders, the agency, the unit that imples the procurement of the Head of the agency to directly consider, the decision to allow the continuation of a limited bid organization or to adopt another form of choice.

2. Invent bids:

a) The base of the filing for the bid:

-A licensed content item named approved by the authority;

-The procurement decision of the authority with authority and related documents;

-The bidding plan.

-The provisions of the law on bidding and the provisions of the law are relevant; the International Agreement or the International Agreement of Agreement (if available) for projects using ODA capital;

-State policies on taxes, salaries, incentives in international bidding or other regulations are relevant; they are not the same.

The case where the tender needs to be made before a procurement decision, the organization is tasked with preparing the project of relevant documents to set up bids for the head of the approval agency.

b) The filing of the bids:

The tender profile must include content under the provisions of the Bidding Law and bids (issued by the Ministry of Planning and Investment); which must include important requirements (prerequisable) as a base to remove the bids, namely the following:

-The contractor does not have a name on the list of bids, the contractor changes the status (name) to the bid relative to the purchase of the non-regulatory tender in paragraph 2 Article 16 of this.

-The contractor does not guarantee a valid legal status at Article 7 of the Bidding Law;

-There's no record of the bids.

-The bids are not valid;

-The bids for bids are not fixed or bid on a wide range of prices;

-The effect of the bids profile does not guarantee the prescribed requirement in the tender invitation file;

-The contractor has the name in two or more bids as the main contractor (independent contractor or member in the name of the name);

-The contractor violates one of the prohibited acts in the statutory bidding at Article 12 of the Bidding Law and paragraph 3 Article 2 of the Amendment Act supplements certain provisions of the basic building investment laws;

-Other important requirements have the specification of the bid.

The breach contractor only one of the specified prerequisos in the filing of the bid will be disqualified and the bids are not considered further.

3. Appropriate the tender tender: executed by regulation at Article 7 of this.

4. Invitation:

a) Invitations to bid:

The case does not apply the short list choice procedure, the Chief Minister, the procurement decision unit to send a bid to make the bid to carry out the post (including English for international bidding) under the Guide Form (issued by the Department of Planning and Investment) in the Press. Bidding, electronic information page for a minimum three-term bid. In addition to the registration of the above regulations can be posted simultaneously on other mass media (if necessary).

b) Send a bid letter:

The invitation to submit a bid to the contractors on the list of invited participants in accordance with the provisions of this one Article. The time from the sending of the tender to the release of a minimum bid is 5 days for domestic bidding, 7 days for international bidding.

What? 16.

1. Release the bid file:

a) The invitation to sell the tender tender to before the time of the bid for the bidders to participate in broad bidding (the case does not apply the shortlist selection procedure), to bidders in the short list with the prescribed sale price at paragraph 3 Article 39. This is private. For the designated bidder, only one member of the contact buys the bids.

The case in which the tender does not sell bids by regulation or execution of any behavior that limits the contractor to purchase bids will be processed under the current regulation on the prohibition of participating in the bid.

b) The amendment and implementation of the tender invitation profile is made in accordance with the stipulation at paragraph 1 Article 33 and Article 34 Bidding laws.

2. Prepare the bids:

The contractor prepares and file bids at the request of the tender offer. Where the contractor needs to change the contract (name) to the bid relative to the purchase of the tender, it must be written in writing to the tender before the bidding time. The invitation to review for the following cases is as follows:

a) For the extensive bidding, acceptance of the change in mind when receiving the contractor ' s notification text prior to the time of the bid.

b) For a limited bid, through a short list of choice, depending on the particular case by which the invitation to review and report the Chief Minister, the procurement unit decides whether to accept or not accept a contractor's personality change before the time. We have to make a bidding war, fair, transparent in bidding.

3. Take on and manage the bids: The tender tender receives and manages the bids filed under the "Password" profile management system. The bids sent to the tender after the time of the bid was not valid and excluded. Any document submitted by the contractor after the time of the bid to amend, the addition of the submitted bids was not valid (except for the case that clarified the bids at the request of the bid party).

4. Modified or withdraw the bids: When you want to modify or withdraw the submitted bids, the contractor must have the proposed text and the invitation to the invitation only approved if the bid is received by the contractor prior to the bid; the document proposes to withdraw the required bids. was sent separately from the bids.

5. Open the profile of the technical proposal:

a) The bidding must be made public shortly after the time of the bidding by day, now, the specified location in the filing of the tender pretender to the witness of those present and does not depend on the presence or absence of invited contractors. The tender may invite representatives of the relevant agencies to attend the bidding ceremony.

b) The invitation to open a bid to open the technical proposal of each contractor in alphabe-order of the name of the contractor and follow the following sequence:

-Check the seal.

-Open the profile, read and write to the text of the following key information:

+ The name of the contractor;

+ Number of origination, file photo;

+ Time has the effect of the profile;

+ Text to modify the profile (if any);

+ Other information is relevant.

The extension of the bid needs to be represented by the contractors, representing the bidding party, which represents the agencies involved in the signing of the confirmation.

After the bid, the contractor must sign the confirmation to each of the original pages of the technical proposal of each of the bids and management under the "Password" profile management. The evaluation of the technical proposal was conducted according to the photograph. The contractor is responsible for the accuracy and match between the photograph and the original as well as the sealing of the bids.

What? 17. Evaluation of bids

The evaluation of the base bids based on the standards of evaluation and other requirements stated in the tender invitation filing, under the prescribed assessment principle of the Bidding Law, of the Amendment Law, which complements some of the provisions of the laws relating to basic building investment and investment. at this point.

After the bid, the contractor has the responsibility to clarify the bids when required by the party to submit a bid under the stipulation at Article 36 of the Bidding Law. The case of a bids for a shortage of documents, such as a Business Registration Certificate, Investment Certificate, established Decision, Appropriate Expertise and other documents at the request of the tender filing, the invitation to ask the contractor to supplement the document. In order to demonstrate the contractor's validity, capacity, and experience with the conditions that do not alter the underlying content of the submitted bids, do not change bids.

1. Preliminary review:

a) Check the validity of the technical proposal record at the request of the bid file:

-The validity of the bids. The bids must be fully filled and have the signature of the legitimate representative of the contractor at the request of the tender tender. For the designated bidder, the bill must be due to the legitimate representative of each member of the board, except for the case in the written agreement agreement that rules the members in the proxy name for the head of the bid to sign the bids;

-The validity of the agreement agreement. In the agreement agreement must define the responsibility, authority, volume of work to perform and the corresponding value of each member in the contact, including the head of the contact and the responsibility of the head of the contact, the signature of the participants. member, the seal (if any);

-There is one of the valid types of papers at the request of the bidding record: Business registration certification, Investment Certificate, established decision; Legal Activity Registration; Certificate of Appropriate Expertise;

-The main number, the technical records show.

-The appendix, the document with the bids.

b) Remove the bids not meet the key requirement (prerequisor) stated in the prescribed tender filing.

2. Details review:

a) Comment the bids for the consulting service bid not required high technical requirements:

-Technical review: Evaluation by technical assessment criteria specified in the tender offer. The agency chief, a unit of procurement or granting authority stipulated at Article 5 of this Information approx the list of contractors that meet the technical requirement to perform financial assessment.

-Financial review: Open the financial proposal profile of contractors responding to a self-regulation specification at a point b 5 Article 16 This message. The opening of the financial proposal record includes the following key information:

+ The name of the contractor;

+ Number of origination, file photo;

+ bids scored in bids;

+ The technical point of the bids has reached a minimum requirement of return;

+ Other information related.

After the bid, the contractor must sign a confirmation of each of the original document-derived profile of each of the bids and management under the "Password" profile management. Financial evaluation is carried out according to the photo, the contractor is responsible for the accuracy and match between the original and the screenshot as well as the listing of the financial proposal record. The financial evaluation of the base is based on the financial evaluation criteria stated in the bids.

-Aggregate Assessment: Technical General Review of Engineering and Financial in accordance with the specified aggregate review assessment in the tender invitation filing. The contractor has the highest aggregate score being invited by the Chief Minister of the Agency, the procurement unit for the competent authorities in accordance with the Article 7 of this Information approved by the order and is invited to the contract trade by regulation.

b) Comment the bids for the consulting service procurement package with high technical requirements:

Evaluate the technical proposal profile according to the assessment standard outlined in the prescribed invitation profile. The bids for a technical score are not below the minimum requirement that the minimum requirement is considered to meet the technical requirement and is invited by the party to rank the Chief Minister of the Agency, the procurement unit for the competent authorities in accordance with Article 7. This information approx. The first-placed contractor will be invited to open the financial proposal record and contract negotiation under the stipulation at this Article 19.

What? 18. Browser, appraisal, approval and announcement of bidding results

1. Browser, appraisal and approval of the results of the bidding execution by regulation at Article 5, Article 7, Article 37, This Article 38.

2. Notice the bidding results: soon after receiving a decision to approve the bid results, the invitation to send a bid to send a bid result in a bid to the contractors of the bid; separately for the bid contractor to submit a draft plan, complete. Good deal. In announcing the bid results did not have to explain the reason for the contractor not to hit the bid.

What? 19. Negotiation, negotiation, contract completion and contract signing.

1. contract negotiation Content

a) The mission and scope of the detailed work of the consulting contractor to implement;

b) Transfer of technology and training;

c) Work plan and personnel layout;

d) Progress;

p) addressing change of personnel (if any);

e) The layout of the work;

g) the cost of consulting services;

h) Other content (if necessary).

The case of contract negotiation is not successful, with the invitation to report the Chief Minister, the procurement unit, or the competent authority under the stipulation at Article 7 of this Information for consideration, the decision to invite the next ranked bidder into negotiations.

2. The negotiation, fining the contract to sign the contract with the bid must be based on the following basis:

a) The approved bid results of the prescribed authority under regulation at Article 7, Article 38 This Information;

b) The contract form has filled up the specific information of the bid;

c) The requirements outlined in the tender invitation profile;

d) The content outlined in the bids and the interpretation of the bids of the contractor's bids (if any);

The contents need to be negotiated, complete the contract between the tender and the contractor.

3. Commercial results, contract completion are the basis for the head of the agency, the procurement unit and the contractor to proceed with the contract signing.

4. The case of the negotiation, the finishing of the contract failed, the agency chief, the procurement unit or the competent authority under the regulation at Article 7 of this Wednesday, consider the cancellation of the decision to approve the previous bid result and decide to invite the contractor. The next class is in accordance with the contract negotiation at this one Article, in which case required the contractor to renew the bids for bids if necessary. Further work steps follow regulations at this level.

Item 2

PERSONAL CONSULTING CONTRACTOR SELECTION PROCESS

What? 20. Personal consulting contractor

Depending on the nature, content and scope of the consulting work, the party invites the individual counselor to be able to take the job independently without the need for a variety of experts or professional support from other individuals or organizations or the employment. The use of personal advice is beneficial to the invitation to report a competent authority in Article 5 of this information approved in the bidding plan. The choice of personal advice is done according to the following process:

1. The invitation to determine the terms of the reference and prepare the contract for the consultation position to be selected for the granting of the competent authorities in Article 5 of this Information review, approve. The reference clause content includes:

a) Summary description of project and work;

b) Request for the scope, volume, quality and time of work;

c) The requirement for competence, the level of consultation;

d) The conditions and places that perform work; other necessary content (if any).

2. The invitation to select a minimum of 3 scientific background records of the three consultants in accordance with the request stated in the terms of the reference, the grant has the authority to review, approve; the actual case has fewer than 3 consultants who report a jury. The right to review, the decision.

3. The invitation to evaluate the response of the consultant specialist in the scientific background profile on the basis of a reference clause to the expert selection response requires the authority to review, decide.

4. On the basis of a contract draft, the terms of the reference and the other relevant information, the invitation conducts negotiations with the recommended consultant.

5. The reporting base of the invited party, granted jurisdiction in Article 7 This Information approx the results of the selection and signing the contract with the selected consultant.

Section 3

THE EXTENSIVE BIDDING PROCESS AND LIMITED BIDDING FOR THE SHOPPING PROCUREMENT PACKAGE.

PROPERTY IN CASE OF A ONE-STAGE BID

What? 21. Prepare to fight bid

1. Preliminary selection by regulation at Chapter III Decree No. 1 85 /2009/NĐ-CP October 15, 2009.

2. Set up bids

a) The base of the filing for the bid:

-A licensed content item named approved by the authority;

-The decision to shop and the documents is the basis for the decision to shop;

-The bidding plan.

-The provisions of the law on bidding and the provisions of the law are relevant; the International Agreement or the International Agreement of Agreement (if available) for projects using ODA capital;

-State policies on taxes, salaries, domestic contractors or other regulations are relevant.

b) The filing of the bids:

-The bids must include the following rules of the bidding law and bids (issued by the Ministry of Planning and Investment). For the bids that made the preliminary implementation, in the tender bids do not need to stipulate the evaluation criteria for the experience and capacity of the contractor but required the contractor to reaffirm the information about the capacity and experience that the contractor prescribes. Preliminary profile.

-The case of a bid to use foreign labor with expertise in accordance with the requirements of the bid, the tender tender must require the contractor to prescribe in bids of the number, qualifications, expertise, experience of the cadre, foreign expert, and other requirements. mobiling to carry out the bid; strictly banning the use of foreign workers from performing the work that domestic labor is capable of carrying and meeting the requirements of the bid, particularly the common labour, labor does not through skill training, business.

-The tender bids are not required for trademarks, specific origin of goods. The special case required to name the label, catalô of a manufacturer, or goods from a certain country for reference, illustrates the technical requirements of the goods, which must be included in the phrase "or equivalent" after the label, cataloe. Or the origin of the land, and the definition of the concept of relativity means that there is a similar specification, which has the ability to use as the equivalent of the specified goods. Just asking the contractor to submit a manufacturer 's license to the manufacturer' s copyright in the case of goods is particularly hostile, complex; in the case of necessity, for ordinary goods, the tender profile may require a sales commission of the sales agent ' s sale. -No.

-The tender filing must include important requirements (prerequisable conditions) to remove the bids, namely the following:

+ The contractor does not have a name on the list of bids, not registering for bidding;

+ The contractor does not guarantee a valid designation under regulation at Article 7, Article 8 of the Bidding Law;

+ There is no guarantee to the bid or has a bid guarantee but is not valid: has a lower value, not exactly the specified currency, shorter force time, not submitted by the specified address and regulatory period in the tender, not the name of the contractor, not the bidder. is the original and there is no valid signature (for the bank ' s bail letter);

+ No bids from the bids, the bids are not valid;

+ The effect of the bids profile does not guarantee the prescribed requirement in the tender invitation file;

+ The bids have a total non-fixed bids, bid on a wide variety of prices or prices that have an adverse event detrimental to the agency, the unit carrying out the procurement;

+ The contractor is named in two or more of the bids as the main contractor (independent contractor or member in the contact);

+ The contractor violates one of the prohibited acts in the statutory tender at Article 12 of the Bidding Law and paragraph 3 Article 2 of the Amendment Law, which adds some of the provisions of the basic building investment laws;

+ Other important requirements have the specification of the bid.

The contractor violates one of the specified prerequisos in the filing of the bid that will be eliminated and the bids are not reviewed.

3. Appropriate the tender tender: the authority approx the tender invitation file under the stipulation at this Article 7.

4. Invitation:

a) Invitations to the bid: For the widely available tender, must be sent to make a notice of the invitation notice (including English for international bidding) on the Bidding Paper 3 consecutive times and on the electronic information page on the bidding. In addition to the registration of the above regulations that can be posted simultaneously on other public information media.

b) Submit the tender letter: Apply to a limited bid and the bids have passed the draft. The invitation for the bid to submit a tender in a guided form (due to the Ministry of Planning and Guide) to the contractor on the list is invited to participate in a limited bid or a list of bidders pass through the primary. The time from the sending of the tender to the release of a minimum bid for a minimum of 5 days for domestic bidding, 7 days for international bidding.

What? 22. The standard of bids for bids on the property procurement package

The standard evaluation of bids for the asset procurement package includes the bid assessment criteria for the contractor's capacity and experience, the technical assessment standard and how to determine the cost on the same side (price assessment), namely the following:

1. The evaluation of the assessment of the capacity and experience of the contractor applies to the draft bid does not conduct a preliminary, including:

a) The experience of making similar bids in Vietnam and abroad; operating experience in the manufacturing sector, the main business is related to the bidding package; and for example.

b) Manufacturing and business capacity, engineering facilities, professional cadres related to the bid;

c) Financial capacity: total assets, total debt payable, short-term assets, short-term debt, revenue, profit, contract value being done unfinished and other indicators.

Determining the specific level of requirements for each of the specified criteria at points a, point b, and point c point the base at the request of each of the individual bids.

The standard assessment standards at this paragraph are used criteria for "achieve", "do not achieve". The contractor "achieves" all three of the content set at points a, point b and point c this is judged to meet the requirements for competence and experience.

2. Technical assessment criteria: including the content of the ability to meet the number of quantities, the quality for the goods stated in the tender, namely:

a) Specification, the specifications of the goods, production standards and other content;

b) The rationality and economic efficiency of technical solutions, the organizational measure of supply, the installation of property;

c) The level of meeting the requirements for warranty;

d) the ability to adapt geographically;

The impact on the environment and the solution;

e) the ability to provide financing (if required);

g) Other factors in terms of trade, finance, implementation time, technology transfer training (if any).

3. Content valuation validation:

Price assessment is the price defined on the same side by technical, financial, commercial, and other factors used for comparison, ranking of bids. A method that determines the price assessment must be stated in the draft of the bids assessment. The assessment price validation is done according to the following sequence:

a) Specify a bid price (Case with a discount letter, error correction, and miscalibration performed on a bid price basis that does not yet value the rebate value. In that case, the determination of the absolute value of the arithmetic error or deviation is calculated on the basis of the draft bid price in the single);

b) Error corrected.

c) calibrate the deviation.

d) Transfer bids (following error correction and miscalibration) to a common currency (if any).

) Take the costs of one side to determine the price of assessment, including:

-Technical conditions such as: progress on the performance, capacity, performance of the device machinery; the consumption of electrical power, raw materials, raw materials; operating costs, maintenance, maintenance; life expectancy and other technical factors according to each specific bid;

-Financial conditions, trade.

-Preferable in international bidding (if any);

-Other factors.

Depending on the properties of each of the bids that define the elements to determine the value of the appropriate assessment. Ranking the bids for the bid by price assessment, the lowest rated bids were placed first placed to petition the bid.

What? 23. bid

1. Release the bid file:

a) The invitation to sell the tender profile to the time before the bid for the contractors on the draft list (in the case of a preliminary), the contractors were invited to participate in limited bidding or contractors with the need to participate in a broad bid. with the price of the sales accordingly. For the designated bidder, only one member in the name of the contract buys bids;

The case in which the tender does not sell bids by regulation or execution of any behavior that limits the contractor to purchase bids will be processed under the current regulation on the prohibition of participating in the bid.

b) The amendment and clarify of the filing for the implementation follow the current regulation of the bidding.

2. Preparing, take on, manage, modify or withdraw the bids: Done by regulation at paragraph 2, paragraph 3, paragraph 4 Article 16 of this.

Where the contractor needs to change the contract (name) to the bid relative to the purchase of the tender, it must be written in writing to the tender. The invitation to review for the following cases is as follows:

a) For the extensive bidding, acceptance of the change in mind when receiving the contractor ' s notification text prior to the time of the bid.

b) For limited bidding or broad bidding through a preliminary step, depending on the particular case that the party invites and report the Chief Minister, the unit of procurement of the procurement decision or not to accept the change in the state of the state. Bidding before the bidding, but ensuring competition, fair, transparency in bidding.

3. Open the bid

a) The bidding is made public shortly after the time of the bid by the time and place stipulated in the filing of the tender to the foresight of those present and does not depend on the presence or absence of invited contractors. The tender may invite the representatives of the agencies involved in the bidding ceremony.

b) The invitation to proceed open the bids of each contractor's bid on the list of bids for the bid and file bids before the bidding time in alphabetiation of the name of the contractor. The tender order is implemented as follows:

-Check the bids for the bids.

-Open, read and write to the compilation of the following key information:

+ The name of the contractor;

+ Original numbers, bids for bids;

+ Time has the validity of the bids;

+ bids scored in bids and rebate (if available);

+ Value and duration of the bid guarantee;

+ Text recommended modification of the bids (if available);

+ Other information related.

The extension of the bid needs to be represented by the contractor, representing the contractors, and representatives of the agencies involved in the signing of the confirmation.

After the bid, the contractor must sign the confirmation to each of the original pages of each of the bids and management under the "Password" profile management. The evaluation of the bids was conducted according to the screenshot. The contractor is responsible for the accuracy and match between the photograph and the original as well as the sealing of the bids.

What? 24. Reserve Profile bid

The evaluation of the bids conducted by the standard of bids for bids and other requirements stated in the bids, in accordance with the principle of assessment, the order assessment of the Bidding Law, of the Law of Conchanges and Regulations at this Information.

After the bid, the contractor has the responsibility to clarify the bids when there is a request by the party to submit as specified. Case of bids for a lack of documents such as Business Registration Certificate, Investment Certificate, established Decision, Appropriate Expertise and other documents at the request of the tender filing are invited by the invitation to request the additional contractor. The document aims to demonstrate the contractor's validity, capacity, and experience with the non-changing the underlying content of the submitted bids, not changing bids.

1. Preliminary review:

a) Check the validity of the bids profile:

-The validity of the bids: The tender must be fully filled and have the signature of the legal representative of the contractor at the request of the tender tender. For the designated bidder, the bill must be due to the legal representative of each member of the subtitle, except for the case in the written agreement text that stipulated the remaining members of the commission for the head of the contact list;

-The validity of the agreement agreement. In the agreement agreement must define the responsibility, authority, volume of work to perform and the corresponding value of each member in the name, including the head of the contact and responsibility of the head of the contact; the signature of the participants. member, the seal (if any);

-There is one of the types of papers at the request of the invitation profile: Business Registration Certificate, Investment Certificate; established Decision or Legal Activity Registration; A sales license belonging to the manufacturer's copyright or authorization paper. sales of the distribution agent (if required);

-The main number, the draft bids;

-The validity of the bid guarantee;

-The appendix, the document with the bids.

b) Remove the tender filing does not meet the specified prerequisc conditions in the prescribed tender filing at point b, paragraph 2 Article 21 This message;

c) Evaluation of the capacity and experience of the contractor by the standards of evaluation of capacity and experience stated in the tender invitation filing for the non-advance draft bid. Depending on the conditions of each bid that the assessment of capacity, the contractor ' s experience can be made at a preliminary assessment step towards all contractors with valid bids, do not violate the prerequisitum or the assessment of capacity, business, and business. The solution is done after determining the price of evaluation and must be specified in the bid file. The contractor must be evaluated at a request for capacity, a prescribed experience in the tender filing, the new bids are considered at the next steps.

2. Evaluation of bids file details:

a) Technical review:

Evaluation by technical assessment criteria specified in the tender offer. In the evaluation process, the contractor has the right to request the contractor to explain, clarify the contents of unknown, unusual content in the bids. Only bids received by the competent authorities at Article 7 of this Information approve a new technical requirement that is determined by regulation at this b point.

b) Define the price assessment: The validation of the assessment price is in accordance with the regulation at paragraph 3 This Article 22.

3. Ranking bids for assessment price:

The bids for lowest rated bids are ranked first. The case has not yet conducted a preliminary or unevaluated contractor's capacity and experience at the preliminary assessment step, after the agency ' s head of office, the unit of making purchases of approval of the bid list at the price of evaluation, the invitation to proceed. evaluated the capacity and experience of the first-placed contractor. The capacity and experience case of the first-ranked contractor does not meet the requirements and continue to evaluate the capacity and experience of the next ranked bidders.

In case of a complex bid, if it is necessary, the invitation to a bid to report the investment holder allows the contractor to have the first bids on the preliminary contract to contract the contract to facilitate the deal to complete the contract after the results were hit. Bids.

What? 25. Fix errors and correct deviation errors

1. Correction:

An error correction is the recorrection of the errors in the bids including arithmetic errors, other faults, units of confusion and being conducted in accordance with the following principle:

a) For arithmetic errors that include errors made by the implementation of the calculation, except, multiply, inaccurately split:

-The unconsistent case between the price and the money is the legal basis for the error correction. Where the wrong price is the amount, the volume and the right amount of money makes the money as a legal basis to determine the order;

-The unconsistent case between the aggregate price table and the detailed price sheet, take the detailed price sheet as the legal basis for the error correction.

b) For other faults:

-The column to the money that is filled in without the corresponding price, the unit is determined to add by dividing it into quantity;

-When a price is made but the column becomes empty, the amount of money will be determined by multiplusing the number with the order;

-If a certain content is to fill in the price and make money but empty the number, the number of vacancy is specified by dividing it into money for the value of that content. Where the number of additional numbers specified above is different from the number specified in the tender invitation profile is considered a deviation of the supply range and is calibrated under the regulation at paragraph 2;

-Unit mistake: use a sign "," (mark) instead of a "." (dots) and vice versa, are correct in accordance with the Vietnamese spelling.

Arithmetic errors are calculated according to the total absolute value, which is not dependent on whether the bid increases or decreases after fixing.

After fixing the above principle, the tender will inform the contractor. The contractor must have a notice document for the invitation to accept the above error correction. If the contractor does not accept the correction, the bids from that contractor will be eliminated.

2. calibrate the deviation:

Correction of deviation is the adjustment of missing or redundant content in the bids compared to the request of the bid file. The error correction is done as follows:

a) The case has the deviation of the supply range, the welcome section will be added, the leftover will be subtracted from the principle if it is not possible to separate in the bid price of the contractor making the wrong move, taking the highest bidder. with this content (if greet) and take the lowest bidder (if hi) among other bids to pass a technical assessment step;

b) The case with only a single contractor to pass a technical assessment step is to miscorrect the deviation on the basis for the price of this contractor (if any) or in the bill.

What? 26. Browser, appraisal, approval, notice of bidding results, negotiation, contract completion and contract signing for $25 million.

1. The browser, appraisal, approval, announces the results of the bidding carried out under the regulation at Article 38 of the Bidding Law and Article 37, Article 38 of this.

2. Negotiation, complete contract and contract signing are made in accordance with regulation at Article 42 of the Bidding Law; paragraph 14, paragraph 16, paragraph 17 Article 2 of the Amendment Law, complements some of the laws relating to basic building investment.

Section 4

THE EXTENSIVE BIDDING PROCESS AND LIMITED BIDDING FOR THE SHOPPING PROCUREMENT PACKAGE.

PROPERTY IN CASE OF A TWO-STAGE BID

What? 27. Subject applies

The two-stage bidding method is applied to a broad form of bidding, limited bidding for the procurement procurement package with engineering, new technology, complexity, diversity.

What? 28. Prepare for phase 1 bid

1. The draft of the contractor is carried out by regulation at Chapter III Protocol 85 /2009/NĐ-CP October 15, 2009.

2. Create a Phase 1 bid:

a) The base of the filing of bids pursues to the provisions of Article 2 of this Article 15;

b) Phase 1 bid for stage 1 has a stipulated content at this Smart, but does not require the contractor to propose a bid price and does not require a bid guarantee.

3. Appropriation of the tender invitation profile in accordance with the regulation at Article 7 of this.

4. Invitations to phase 1 execution by regulation at paragraph 4 Article 21 This message.

What? 29. 1 stage bidding organization

1. Release the bid file:

a) The invitation to sell the tender tender to before the time of the bid for the bidders in the short list or the contractors with the need to participate in broad bid for the price of selling bids by the stipulation. For the designated bidder, only one member in the name of the contract buys bids;

b) The revision and clarify of the filing of the tender to the implementation by the provisions of the Bidding and Regulatory Law at Article 25 of this.

2. Receivable and manage Phase 1 bids: The invitation to the tender reception and management of the bids filed under the "Password" profile management system. The bids submitted after the time of the tender was not valid and excluded.

3. Open the bid: The bidding is made in accordance with the regulations at paragraph 3 Article 23 This message. The extension of the bid does not include information on the bid price and the guarantee of the bid.

4. Exchange of phase 1 bids: Base requirements stated in the tender tender, the invitation to proceed in exchange with each contractor to prepare the technical requirement of the bid. The exchange content must be invited by the party to record it to have the basis of a Phase 2 bid.

What? 30. Preparing, organize the bidding and evaluate the Phase 2 bids.

1. Set up a second phase bid:

In the Phase 2 bid filing, it is necessary to specify the details of technical requirements, financial requirements (including bids), trade, as well as a requirement for a bid guarantee.

The approval of phase 2 bids is made as specified in this Article 7.

2. Organization of bidding:

The Phase 2 bid filing was sold to the contractors who submitted the Phase 1 bid for the price of the sale in accordance with Article 3 of this Article 39. The organization of the bidding is carried out by regulation at Article 23 of this.

3. Comment stage bids 2

The evaluation of phase 2 bids is carried out as specified by this Article 24.

What? 31. Browser, appraisal, approval, announcement of bid results

The browser, appellate, approval, announces the results of the bidding made in accordance with Article 5, Article 7, Article 37, This Article 38.

Section 5

BIDDING PROCESS PROCESS

What? 32. The Rules of Bidding

1. The process of only a regular bidding process for a bid (excluding the regulatory package at paragraph 2, paragraph 3, paragraph 4, paragraph 5 This Article), includes:

a) Set and approve the requested file.

The required filing by the invited party does not need to state the aggregate evaluation criteria for the consulting services bid; there is no need to raise the factors to determine the price review for the property procurement package. The scale base, the properties of each of the procurement packages that make specific requirements in the case require a guarantee of the following contents:

-For the consulting service package: requirements for capacity standards, the number of experts; the contractor ' s experience; the requirements for content, scope and quality of work; requirements for the time and place of execution; requesting a proposal for the price; requirements of the time. the preparation and filing of the proposed file, the proposed filing effect, and other necessary content;

-For the asset procurement package: the requirement for experience, capacity; technical requirements such as the number of goods, scope, workload, standard and technical solutions, quality of work, time of execution; request for a proposal for price; love. sphere for the time of preparation and filing of the proposed file, the validity period of the proposed case and other necessary content; do not specify a bid guarantee.

The evaluation of technical requirements is done in accordance with the criteria "achieved", "unreached" and shown in the required filing.

The Chief of the Agency, the unit of the procurement of the procurement of the required records and identifies a contractor with sufficient capacity and experience responding to the request of the bid to receive the required record.

b) The invitation to release the requested record for the contractor has been identified by the Chief Minister, the unit for the purchase of the identification. The contractor was proposed to specify a bid to prepare the proposed record on a required filing basis, including a proposal for technical and financial proposals, trade.

c) Comment the proposed record and negotiate the proposals of the contractor.

The invitation to conduct a bid to evaluate the proposed record of the contractor and negotiate the proposals of the contractor on demand in the required filing. During the evaluation process, the tender party may invite the contractor to negotiate, interpret, clarify or amend, adding the necessary information content of the proposed profile to demonstrate the response of the contractor at the request for capacity, experience, progress, and other requirements. quality, technical solutions, and implementation of the implementation of the requested profile;

The proposed contractor was nominated only to bid upon the full response of the following conditions:

-There's enough power and experience according to the requirements.

-A proposal for the technique to be assessed is to meet the requirements of the base request by the assessment standard;

-There is a bid to specify a bid not to exceed the approved bill for the bid.

d) Presentation, appraisal, and approve the results of the bid.

On the basis of the report results only the bid and the appraisal report, the person who decides to approve or is authorized by regulation at Article 5, Article 7, Article 37, this Article 38.

Negotiate, complete contract and contract.

On the basis of the decision to approve the bidding results, the party invited the contract to conduct negotiations, fining the contract with the contractor to be appointed to the head of the agency, the unit making procurement of the contract.

2. The procedure for a shortened bid for the consulting package has a bid price of no more than $500,000,000 (five hundred million dollars); the asset procurement package is adopted as a bid designation, which has a bid price from over 100,000,000 copper (one hundred million) to no more than 500,000,000 copper (five hundred million dollars), made in the following sequence:

a) The invitation to base the base on the target, scope of the work and the bid price approved in the preparable bid plan and submit the contract draft for a contractor that is determined to have sufficient capacity and experience to meet the requirements of the bid. The contract draft content includes requirements for scope, job content to implement, the time of execution, the quality of work needed to be achieved and the corresponding value;

b) On the basis of the contract draft, the invitation party and the contractor are offered only bids to conduct the negotiation, complete the contract as the basis for contracting the contract;

c) After the negotiation, complete the contract, the invitation to the contractor with the authority to approve the results of the tender designation and sign of the contract with the contractor.

3. The process of only planning to make purchases for the asset procurement package has a bid price of no more than 100,000,000 copper (a hundred million dollars) with the procurement content being the used goods, available on the market to cater to the activities. has the daily nature of the day-to-day performance of the agencies, units (including small procurement of new property, property to replace broken property; spare spare parts, tools, tools for regular operations; maintenance services, machine repair maintenance, maintenance, and maintenance services). Equipment, facilities, transportation; shopping for urgent requirements, breakthroughs):

a) The case of a bid for a bid from 20,000,000 copper (twenty million copper) to no more than 100,000,000 (one hundred million dollars): the agency, the procurement unit takes the price of at least three different contractors (direct reports, by fax or via postal route) electricity) as the basis for selecting the best bidder. The results of the tender must guarantee the selection of the goods provider, the most optimal consulting service in terms of quality, price and some other requirements (if available) as the deadline for the supply of goods, warranty requirements, training, transfer, undifferentiated contractor on the site. with the same address or the other.

b) The case of a bid for a bid under the 20,000,000 copper (twenty million copper): the head of the agency, the unit that decides the procurement for appropriate, effective and self-responsibility for its decision; at the same time ensuring the bill of invoice, full certificate. Enough in accordance with the provisions of the law; if there is a condition to implement, the President of the agency, the asset procurement unit decides to follow the guidelines for the bid to bid from 20,000,000 to no more than 100,000,000 regulations.

4. For the bid under the event of an impossibility of disaster resistance, the enemy, the incident needs to be fixed immediately, the property, the asset procurement unit reported to the prescribed jurisdiction at Article 5 that allows it to be executed by regulation at paragraph 3 Article 41. Number Protocol 85 /2009/NĐ-CP October 15, 2009 of the Government's Guide to the Bidding Act and the selection of contractors built under the Law of Construction.

5. The case of applying the form of a bid designation for the bid was made before the procurement decision of the competent grant in Article 5 of this Smart, the Chief Minister, the unit tasked with preparing the project to conduct the planning and approval of the contract. Browse the required filing, approve the requested file, and the results of the bidding.

Chapter V.

OTHER FORMS OF CONTRACTOR SELECTION

What? 33. Direct Shopping

1. Range applicable

The application of the form of direct procurement must be approved in the bidding plan on the basis of compliance stipulated at Article 21 of the Contracting Law on the contract signed with the contractor through extensive tender or limited bidding. The six-month deadline is calculated from the signing of the original contract until the direct purchase results are approved.

The case of using the signed contract of the other unit or the case of the total purchase value that exceeds the previously signed contract value must be granted directly by the written approval prior to execution.

2. Direct shopping process

a) Chief of the agency, the unit of implementation of the procurement of filing approval of the required filing for the basis of the contractor to prepare the proposed filing;

b) The evaluation of the proposed profile is done according to the following contents:

-Check out technical and simple content.

-The contractor's capacity update;

-Evaluate progress progress;

-Other content (if any).

c) Browser, appraisal and approval of direct procurement results: By regulation at Article 5, Article 7, Article 37, This Article 38.

What? 34. Welcome to compete in property shopping

1. The competitive queue is applied in the event that there are enough of the following conditions:

a) The bid has a bid price of less than 02 billion;

b) The procurement content is the common property (which has many users and has a guaranteed, stable supply), available on the market (goods delivered as soon as the need not through order to design, macho, manufacture, manufacture), may be available in the market. The specification is standardized (according to Vietnam standards, base standards, international standards, or foreign standards) and is equivalent in quality (potentially interchangable due to having the same technical characteristics, usage features, and other characteristics). It's different.

2. The process of making a competitive offering

a) Profile required:

The Chief of the Agency, the unit of the procurement of the procurement of the required records. The required profile includes technical requirements such as quantity, standards, technical characteristics, the deadline of supply of goods, the validity of the price of the report, the time of price reporting, the requirements of warranty, maintenance, training, transfer, and the necessary content. Otherwise, there is no requirement of a bid guarantee. The evaluation of technical requirements is done in accordance with the criteria "achieved", "unreached" and shown in the required filing.

b) The organization says:

-The invitation has to send information to register for three consecutive bids on the newspapers so that the contractors are interested in attending, namely:

+ For the bidding package that costs the bid from the 500 million to under 2 billion dollars; posted on the bidding paper and on the electronic information page on bidding;

+ For the bidding package under 500 million copper: posted on a written newspaper published widely in a sector or in a province or broad in the country.

In addition to the registration of the above regulations that can be posted simultaneously on other public information media. The invitation to release the requested record for contractors has the need to participate since the first day of posting the invitation to offer the offer;

-The invitation to issue a request for the deadline to end the deadline for filing a proposal for contractors has the need to participate in order to secure a minimum of 3 proposed records from three different contractors. The time for the contractor to prepare a minimum proposal record of 5 days;

-The contractor filed a proposal profile to the side of the bid by sending it directly, sending through the post or fax line. Each contractor has only been filed a proposed filing;

-The tender is responsible for the security of the information in the proposed filing of each contractor. Immediately after the end of the proposed filing deadline, the party's bid for a document to accept the proposed record includes content such as: name of the contractor, the price of greeting, the post-term condition, the validity period of the proposed record and sending this text to the contractors who have submitted their records. Your proposal.

c) Review the proposed profile:

-The invitation to evaluate the proposed records is filed at the request of the specification of the specification. The proposed profile overcomes the technical assessment step when all technical requirements are judged to be "reached"; they are not technically evaluated.

-The invitation to compare the salute of the proposed record response records to determine the lowest-priced proposal record. The contractor has the lowest bidder after bug fixes, miscalibrated correction and does not exceed the bid price that will be offered the choice.

d) Appropriation results: Under regulation at Article 5, Article 7, Article 37, Article 38 of this.

What? 35. Self-execution:

1. The self-made form applied in the case of a procurement decision-making unit is the contractor with sufficient capacity and experience to implement a bid under the project that he manages and uses, ensuring better efficiency than the choice of a different contractor. Your bid.

2. The application of the self-execution form must be approved in the bidding plan. When applying the form of self-implementation, the bill for the bid must be approved by regulation. The unit supervises the implementation of the bid to be independent of the decision-making unit of procurement and finance.

What? 36. Choice of contractor in special case

1. For the asset type only due to a production facility, which has the most semi-unionable price specified by the State (such as electricity, water ...), fixed phone, maintenance of the fixed telephone operator system: Chief of the agency, the unit directly implementing the contract. It ' s the supply unit to do.

2. The case needs to choose the contractor to provide the service of organising conferences, seminars, congress, training etc. (catering, rest for the delegate; for the school's rent, conference room, and related services such as decoration, disclosure, drinking water ...) that due to the fact that the requirements of the actual location are required to vacate the location, take a stay for all of the delegates; the head of the unit, the unit base, is expected. organization to choose and sign directly with the service provider, ensure consistent with scale, properties, funding, savings, efficiency and responsibility for its decision; at the same time, full assurance of invoicing, evidence from the company. To the bar, to decide on the rules.

3. For the procurement to make the topics, the science and technology project has the use of the state budget:

a) For procurement content that has already been traded to the organization, the individual presiding over the subject, the project stipulated at point 1 section II the number of federated information 93 /2006/TTLT/BTC-BKHCN The October 4, 2006, of the United Nations Finance and Technology Association (Ministry of Science and Technology) guides the funding of the subject, the science and technology project using the state budget, the organization, the subject of the subject, the project to determine the appropriate procurement of the procurement. And he was responsible for his decision, and made sure that the bill of the bill was sufficient, in accordance with the provisions of the law.

b) For unregulated procurement content for the organization, the individual presiding over the subject, the project stipulated at point 2 section II the number of federated information. 93 /2006/TTLT/BTC-BKHCN The October 4, 2006, of the United Nations Finance Ministry, the Ministry of Science and Technology, which provides the funding of the subject's budget, the scientific project and the use of the state budget for the use of the state budget.

4. The case cannot choose the contractor by regulation at Article 12, Article 13, Article 14, Article 33, Article 34, Article 35 of this, the Central Office of the Central Authority and the Chairman of the People's Committee of the Provinces, the Central City of Central City, must establish a method of choice. select the contractor to ensure the competitive goal and the economic efficiency of the Prime Minister considers, the decision.

5. For the asset procurement packages eligible for the application of regulatory forms of regulation at Article 14, Article 33, Article 34, Article 35 of this, if the agency, the unit sees the need to hold bids to secure the management objectives and the effective use of the procurement process. State budget, the organization makes a regulatory bid, and the acute report has jurisdiction over property purchases.

Chapter VI

SOME OTHER REGULATIONS

What? 37. appraisein bid

The appraisal in the bidding is: appraisal of the bid plan, which appraises the bid for the bid, which appraises the selection of the contractor.

1. Agency, organization, department of appraisal:

a) For the procurement bid of the approved jurisdiction of the Chair of the Provincial People's Committee:

-The Finance Department or the relevant Department of Experts is responsible for presiding over the planning of bidding. Assigned to the Finance Department or the Department of Appraisal by the Chairman of the Provincial People's Committee.

-The Chairman of the Provincial People's Committee decides or authoritates the Prime Minister directly to the procurement of the agency, the organization, the department for the task of appraisal of the bid and the resulting contractor selection.

b) For the property procurement package under the approval jurisdiction of the Chief Minister of the Agency in the Central, the Central Office of the Agency of the Agency decides the agency, the organization, the department for the task of planning a bid, the tender tender and the result of home selection. Bids.

c) For asset procurement packages that the authority decides whether the procurement has been devolve under the regulation at Article 5 of this Smart, the Chief Authority, the unit devolve to the agency, the organization, the department for the task of appraisal plans. Bids, bids and bids results.

2. Judge Planning

a) appraisal: Agency, organization, department tasked with appraisal of the bidding plan to conduct inspection, evaluate the content under regulation at Article 8, Article 9, Article 10 This Information.

b) appraisal report: Agency, organization, department assigned to the task of appraisal of a bid for a bid for appraisal of appraisal results on the basis of compliance at Article 65 The Authorship Bid for approval of the bidding plan is specified in the United States. This is Six News.

3. Judge the bids

a) The content of the appraisal includes:

-Check the documents as the base for the filing of the bids, the requested records;

-Check the contents of the bid file, the requested file;

-Detencing the missing, unknown, unsuitable content of the tender invitation profile, the required record with the goal, the scope of work and the time of execution, the law on the bidding and other legislation involved;

-Different opinions (if any) between the organization, the individual involved in the tender invitation profile, the required record;

-Other content if possible.

b) The appraisal report includes the following content:

-The generalization of the project and the bid: the main content of the project and the bid, the legal basis to set up the tender invitation profile, the required filing;

-Summary the main content of the bid;

-Legal review, the surviving content of the tender invitation profile, the requested filing; the petition for the content to be amended to approve the tender invitation profile, the required record;

-Other content if possible.

c) The organization, organization, department tasked with appraisal of the filing of the tender to conduct examination, evaluate the specified content at a point a, conduct the appraisal and report by regulation at the b point above, the person with the authority to approve the regulation. at this article 7.

4. Appraisation of contractor selection

a) The content of the appraisal includes:

-Check out the document as the base of the organization's choice;

-Process testing and time associated with the organization selection by the regulation: time of posting the bidding information, release of the invitation profile, the requested profile, time of preparation of bids, proposal records, time of the bidding, the time of the bid. the bid, the time to evaluate the bids, the proposed record;

-Check out the bids for the bids, the proposed record: the assessment editor and the assessment of the assessment of each expert, the combined report of the bid expert, the assessment of the bid advisory, the professional bidding organization (if any), compliance with the organization. of the evaluation of the bids, the proposed profile compared to the request of the tender invitation profile, the requested record and the approved assessment standard, the accuracy level of the evaluation;

-To detect unknown content in the browser selection results browser selection;

-Different opinions (if any) between the members of the bidding experts, between the bidding consultation, the professional bidding organization with the party to the tender.

b) The appraisal report includes the following main content:

-The generalization of the project and the bid: the main content of the project and the bid, the legal basis for the organization selection of the contractor;

-Summary the implementation of the implementation and offer of the browser agency on the result of the contractor selection;

-Legally, on the process of implementation, of the recommendation of the browser body;

-The opinion of the result of the contractor selection or the solution of the settlement to the unqualified cases concluded the result of the contractor selection.

c) The organization, organization, department assigned to evaluate the results of the contractor selection proceed to test, evaluate the specified content at a point a, conduct the appraisal and report by regulation at the b point above, the person with the authority to approve. regulation at this Article 7.

5. For assets that require high or complex technical requirements, the agency, organization, the planning department planning to be hired to be consulted on price, technical feature, legal basis and other content (if any), warranties of the appraisal of the appraisal. It worked.

6. The period of appraisal in the maximum bid is 20 (twenty) days, since the date of the full recipient of valid records.

What? 38. Presentation, approval, announcement of the selection of contractors

1. The result browser selects the contractor executed by regulation at paragraph 11 Article 2 of the amended Law, which adds some of the provisions of the Laws related to basic building investments.

The browser profile results the selection of the contractor implemented by regulation at Article 71 Digital Protocol 85 /2009/NĐ-CP October 15, 2009 of the Government's Guide to the Bidding Act and the selection of contractors built under the Law of Construction.

2. The ratification of the results of the selection of the contractor implemented pursuits at Article 40 of the Bidding Law, paragraph 12 Article 2 of the amended Law, which adds some of the provisions of the Law relating to basic building investment.

3. Announces the results of the decision of the contractor implemented by regulation at Article 41 Bidding Law, paragraph 13 Articles 2 Amendment Laws, the addition of a number of Articles related to Basic Building Investment, paragraph 3 Article 20 The Number 20 Protocol 85 /2009/NĐ-CP October 15, 2009 of the Government's Guide to the Bidding Act and the selection of contractors built under the Law of Construction.

What? 39. Thu, limb in bidding operation

1. Cost content in bidding, including:

a) The bid for the bid, the bidding organization;

b) The invitation to the bid (if any);

c) The cost of the appraisal (if any);

d) Chi for the operation of the expert nest;

) Chi for the Advisory Council to address the petition of the contractor (if any);

e) Other genera serve for bidding.

The case must be hired in the process of filing a bid, the bidding organization (technology choice consulting; consulting for analysis, evaluation of bids ...): if the cost of consulting under 500,000,000 (five hundred million dollars) is the agency, the unit is implemented. according to the designation method; if the cost of consulting from 500,000,000 dollars (five hundred million dollars) becomes a bid.

2. Level:

a) The lease of the appraisal, registration of the bid: under the actual contract.

b) The expert nest meeting, the bid for the bidding plan, the meeting of the tender filing, the appraisal of the contractor, the advisory board, the advisory council: to apply the extent to the holding of the relevant equivalent meetings at the General Assembly. 44 /2007/TTLT-BTC-BKHCN 07/5/2007 of the United Nations Finance-Ministry of Science and Technology on the way to build and allocate funding to the topics, the scientific project and the technology to use the state budget.

c) For non-specific genus content, the agency, the agency, the asset procurement unit is allowed to spend according to the fact that arise, legally guarantee, be valid on the basis of compliance with the invoice regime, certificate and responsibility. about your spending.

3. Content:

a) Thu from the sale of the bid to the bid: The invitation to sell the bid for a bid at the price of sale by the Chief Minister, the asset procurement organization that determines the size of the scale, the nature of the bid. For domestic bidding, the price of a set of bids is not too 1,000,000 (a million). For international bidding, it is an international practice.

b) The case of the contractor has a petition on the result of a contractor selection, the agency, the contractor's permission to obtain the procurement of the contractor to ensure the cost of the consideration of the settlement. The level of 0.01% of the bids for the contractor had a petition but a minimum of 2,000,000 (two million dollars) and a maximum of 50,000,000 (fifty million dollars).

c) The receivship guarantees under the provisions of Article 27 of the Bidding Law, return to guarantee implementation of the regulatory contract at Article 55 Bidding Law.

4. Receive receipt: Use of receipts receipts (Form 27x) by Digital Decision 19 /2006/QĐ-BTC March 30, 2006, of the Minister of Finance for the accounting of the administrative unit accounting.

5. Clause: Due to the income from a non-state budget that does not enter the state budget; agencies, units reflect the fall, limb from bidding activity on other revenues and general aggregate in the decision-making report. Every year of the agency, unit.

6. The funding source for the bidding process:

The agency, the unit when the asset procurement organization is used for a regulatory funding at the point a, point b 3 Article 39 This Smart to the expense of the bidding process, addressing the contractor ' s petitions. Where the cost of funding is specified at the point a, point b 3 Article 39 This is not guaranteed to spend on the bidding process, the unit is allowed to use the regular operating costs of the agency, the unit itself to compensate; the case remains. Balance, the agency's operating budget, unit.

Chapter VII.

EXECUTION CLAUSE

What? 40.

1. The minister of ministries, peer agencies, Government of the Government, Chairman of the People's Committee, the Chairman of the unit of the unit, the unit of the unit of the unit, to take charge of the leadership, to execute and examine the implementation of the asset procurement bid in order to maintain. The regular operation of the agency, the unit within the management range; the organizational guide performs the bidding in the agency, the unit (if it is needed) on the principle of ensuring compliance with the regulation at this Notice and the laws of the law on the relevant bidding. Yeah.

2. For the purchase of the national reserve carrying out the individual guidelines of the competent authorities. The necessary case may apply the regulation at this message.

3. For the provision of the drug in the public health facilities made in accordance with the individual guidelines of the Union of Health-the Ministry of Finance.

4. The bidding document and other non-regulation content at this Smart, implemented under the Bidding Law, The Amendment Law, the addition of some of the provisions of the laws relating to basic building investment, Digital Protocol. 85 /2009/NĐ-CP October 15, 2009 of the Government's Guide to the Contracting Law and the selection of the construction contractor under the Building Law and the written instructions.

What? 41.

1. This message has the enforcement effect since 15/6/2012 and replaces the investments: Private Digital Information. 63 /2007/TT-BTC June 15, 2007 by the Ministry of Finance of the Guide to the implementation of the property procurement bid to maintain the regular operation of the state agency by state and digital capital. 131 /2007/TT-BTC 05/11/2007 of the Ministry of Finance amended, Supplements Digital 63 /2007/TT-BTC June 15, 2007.

2. In the course of execution, if there is an entanging, recommend the agencies, the unit reflects on the Ministry of Finance to study the solution ./.