Circular 05/2020/TT-BKHDT amending Circular 04/2017/TT-BKHDT

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Circular No. 05/2020/TT-BKHDT dated June 30, 2020 of the Ministry of Planning and Investment on amending and supplementing a number of articles of the 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:05/2020/TT-BKHDTSigner:Nguyen Chi Dung
Type:CircularExpiry date:
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Issuing date:30/06/2020Effect status:
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Fields:Bidding - Competition , Investment

SUMMARY

Expense for submitting an E-BD for competitive offer shall be VND 220,000

This is the remarkable content stipulated on June 30, 2020 by the Ministry of Planning and Investment in the Circular No. 05/2020/TT-BKHDT on amending and supplementing a number of articles of the 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.

According to the supplementing provision, for a construction and installation bidding package, the contractor may attach a construction capacity certificate for such works or not in the E-BD, even when such certificate is required in the E-BiD. The contractor's failure to attach a certificate of construction capacity shall not be a reason for eliminating such contractor.

The contractor shall continue to be considered, evaluated and selected. If the contractor is selected, the selected contractor must submit the construction capacity certificate of such works before being awarded a contract.

Besides, E-BiDs shall be issued without any charge on the System immediately after the bid solicitor successfully uploads an E-NIB on the System. The contractor must pay all costs related to the E-BD preparation. Expenses for submitting an E-BD with open bidding shall be VND 330,000 (including tax) and VND 220,000 (including tax) for competitive offer. In any case, the bid solicitor shall not take responsibility for costs concerning the bidding participation of the contractor.

This Circular takes effect on September 01, 2020.

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Effect status: Known

THE MINISTRY OF PLANNING AND INVESTMENT

____________

No. 05/2020/TT-BKHDT

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

_________________

Hanoi, June 30, 2020

 

                                                                

CIRCULAR

On amending and supplementing a number of articles of the 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

_______________________

 

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Law on E-Transaction dated November 29, 2005;

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

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

Pursuant to the 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;

At the proposal of the Director of Public Procurement Agency;

The Minister of Planning and Investment hereby promulgates the Circular on amending and supplementing a number of articles of the 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.

 

Article 1. To amend and supplement some contents of the 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 as follows:

1. To add Clause 8 to Article 4 as follows:

“Form No. 08: Form of bid dossier applicable to bidding packages to provide non-consultancy services for which online open bidding by the single-stage and two-envelope method is organized.” Form No. 08 attached to this Circular’s Appendix.

2. To amend and supplement Clause 8, Article 15 as follows:

“For process 01 specified in Point a, Clause 6, Article 15 of this Circular, the experts’ team shall use Form No. 01A issued together with the Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and Investment for making a report evaluating an E-BD.  For process 02 specified in Point b, Clause 6, Article 15 of this Circular, the experts’ team shall use Form No. 01B issued together with the Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and Investment for making a report evaluating an E-BD.”

3. To add the Clause 9 to Article 15 as follow:

“For a construction and installation bidding package, the contractor may attach a construction capacity certificate for such works or not in the E-BD, even when such certificate is required in the E-BiD. The contractor's failure to attach a certificate of construction capacity shall not be a reason for eliminating such contractor. The contractor shall continue to be considered, evaluated and selected. If the contractor is selected, the winning contractor must submit the construction capacity certificate of such works before being awarded a contract”.

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