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
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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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