Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment on prescribing in detail the contractor selection via the National E-Public Procurement system

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Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment on prescribing in detail the contractor selection via the National E-Public Procurement system
Issuing body: Ministry of Planning and InvestmentEffective date:
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Official number:04/2017/TT-BKHDTSigner:Nguyen Chi Dung
Type:CircularExpiry date:
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Issuing date:15/11/2017Effect status:
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Fields:Bidding - Competition

SUMMARY

The contractor must have guarantee issued by a bank in online bidding

This is the content prescribed by the Ministry of Planning and Investment at the Circular No. 04/2017/TT-BKHDT prescribing in detail the contractor selection via the National E-Public Procurement system.

In particular, when participating in online bidding, a contractor shall provide bid security before the time of bid closing in the form of letter of guarantee issued by a bank or credit institution lawfully operating in Vietnam. For banks and credit institutions already connected to the National E-Public Procurement system, the contractor shall provide online bid security. For banks and credit institutions not yet connected to the system, the contractor must provide a scanned copy of the bank’s letter of guarantee enclosed with the E-BD submitted. In this case, the contractor shall commit to submitting the original letter of bid guarantee.

Cases in which a contractor is required to submit the original letter of bid guarantee to the bid solicitor the contractor is invited to enter into contract negotiation; the contractor violates the bidding law, thus becoming ineligible for refund of bid security; within 5 working days after receiving the bid solicitor’s request, if the contractor refuses to submit the original letter of bid guarantee, he/she/it shall be handled according to his/her/its commitment made in the bid application.

A file posted by the bid solicitor or contractor in the system must have the MS Word, MS Excel, PDF or CAD format and image formats and use the Unicode font. Large files should be compressed in *.zip or *.rar format before being posted in the system; and be free of any virus and error and have no password.

This Circular is issued on November 15, 2017 and takes effect on March 1, 2018.
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THE MINISTRY OF PLANNING AND INVESTMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 04/2017/TT-BKHDT

 

Hanoi, November 15, 2017

 

CIRCULAR
Prescribing in detail the contractor selection via the National E-Public Procurement system[1]

Pursuant to the National Assembly’s November 26, 2013 Bidding Law No. 43/2013/QH13;

Pursuant to the National Assembly’s November 29, 2005 Law No. 51/2005/QH11 on E-Transactions;

Pursuant to the Government’s Decree No. 63/2014/ND-CP of June 26, 2014, detailing a number of articles of the Bidding Law regarding contractor selection;

Pursuant to the Government’s Decree No. 86/2017/ND-CP of July 25, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment promulgates the Circular prescribes in detail the contractor selection via the National E-Public Procurement system.

 

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular prescribes in detail the contractor selection through the National E-Public Procurement system (below referred to as online contractor selection) for consultancy or non-consultancy service provision, procurement, or construction and installation bidding packages which are regulated by the Bidding Law and for which open bidding or domestic competitive offer is organized by the single-stage and single- envelope method or single-stage and two-envelope method.

2. This Circular does not apply to multi-component bidding packages. In case online contractor selection needs to be applied to multi-component bidding packages, such components shall be divided into separate bidding packages for contractor selection.

Article 2. Subjects of application

1. Organizations and individuals involved in online contractor selection falling into the scope of regulation stated in Article 1 of this Circular.

2. Organizations and individuals that carry out bidding activities outside the scope of regulation stated in Article 1 of this Circular but choose to apply this Circular.

Article 3. Abbreviations

1. E-NIB stands for a notice of invitation for bids or a notice of invitation for offers for a bidding package for which online contractor selection is chosen.

2. E-BiD stands for a bidding dossier, a dossier of requirements or a request for price quotation for a bidding package for which online contractor selection is chosen.

3. E-BD stands for a bid dossier, a dossier of proposals or a price quotation for a bidding package for which online contractor selection is chosen.

4. E-DTP stands for a dossier of technical proposals for a bidding package for which online contractor selection by the single-stage and two-envelope method is chosen.

5. E-DFP stands for a dossier of financial proposals for a bidding package for which online contractor selection by the single-stage and two-envelope method is chosen.

Article 4. Application of forms of dossier

1. Form No. 01 issued together with this Circular applies to small construction and installation bidding packages for which online open bidding or competitive offer by the single-stage and single-envelope method is organized.

2. Form No. 02 issued together with this Circular applies to small procurement bidding packages for which online open bidding or competitive offer by the single-stage and single-envelope method is organized.

3. Form No. 03 issued together with this Circular applies to small bidding packages to provide non-consultancy services for which online open bidding or competitive offer by the single-stage and single-envelope method is organized.

4. Form No. 04 issued together with this Circular applies to construction and installation bidding packages for which online open bidding by the single-stage and two-envelope method is organized.

5. Form No. 05 issued together with this Circular applies to procurement bidding packages for which online open bidding by the single-stage and two-envelope method is organized.

6. Form No. 06 issued together with this Circular applies to bidding packages to provide consultancy services for which online open bidding is organized.

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