Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Circular provides specific provisions for selection of preferred bidders through National bidding network system (hereinafter referred to as “e-selection of preferred bidders”) in procurement of consulting services, non-consulting services, procurement of goods, construction under scope of regulation of the Law on Bidding in the form of competitive bidding or domestic shopping method under single-stage and one-envelope bidding procedure or single-stage and two-envelope bidding procedure.
2. This Circular does not apply to procurements divided into smaller packages. If e-selection of preferred bidders needs to be applied to procurement divided into smaller packages, each package shall have separate selection of preferred bidders.
Article 2. Regulated entities
1. Entities relating to e-selection of preferred bidders subject to scope of regulation prescribed in Article 1 hereof.
2. Entities engaging in bidding not subject to scope of regulation prescribed in Article 1 hereof but choose to apply this Circular.
Article 3. Abbreviations
1. E-ITB means Invitation to Bid or Notice of Proposed Procurement of procurement applying e-selection of preferred bidders.
2. E-Bidding Document means Bidding Document, Request for Proposals, and Request for Quotation of procurement applying e-selection of preferred bidders.
3. E-Bid means Bid, Proposal, and Quotation of procurement applying e-selection of preferred bidders.
4. E-Technical Proposal means Technical Proposal of procurement applying e-selection of preferred bidders under single-stage and two-envelope bidding procedure.
5. E-Financial Proposal means Financial Proposal of procurement applying e-selection of preferred bidders under single-stage and two-envelope bidding procedure.
Article 4. Application of forms
1. Form 01 issued herewith applies to small-scale construction procurements in the form of competitive bidding, or e-shopping method under single-stage and one-envelope bidding procedure.
2. Form 02 issued herewith applies to small-scale procurement of goods in the form of competitive bidding, or e-shopping method under single-stage and one-envelope bidding procedure.
3. Form 03 issued herewith applies to small-scale procurement of non-consulting services in the form of competitive bidding, or e-shopping method under single-stage and one-envelope bidding procedure.
4. Form 04 issued herewith applies to construction procurements in the form of competitive bidding, or e-competitive bidding under single-stage and two-envelope bidding procedure.
5. Form 05 issued herewith applies to procurement of goods in the form of competitive bidding, or e-competitive bidding under single-stage and two-envelope bidding procedure.
6. Form 06 issued herewith applies to procurement of consulting services in the form of e-competitive bidding.
7. Form 07 issued herewith applies to procurements in the form of simplified shopping method.
Article 5. Bid Security
1. When submitting an e-Bid, the bidder shall furnish a Bid Security before the deadline for submission of bids in the form of bank guarantee from a bank or credit institution lawfully operating in Vietnam. The bidder may furnish an e-Bid Security directly to a bank or credit institution that has connected to national bidding network system (hereinafter referred to as the System). With regard to a bank or credit institution that has not connected to the System, the bidder shall scan the bank guarantee and enclose it to the e-Bid. In this case, the bidder must undertake to submit the original copy of Bid Security as prescribed in Clause 3 of this Article.
2. The original copy of Bid Security must be submitted to Procuring Entity in the following cases:
a) The bidder is invited to enter into negotiation;
b) The bidder violates laws and regulations on bidding so serious that it is not returned the Bid Security as prescribed in Clause 8 Article 11 of the Law on Bidding.
3. Within 5 working days from the date on which a Procuring Entity’s request is received, if the bidder refuses to submit the original copy of Bid Security, the bidder shall be sanctioned in conformity with its undertakings in the Letter of Bid.
Article 6. Format and size of files enclosed posted in the System
1. A file posted in the System must meet the following conditions:
a) It is in the format of MS Word, MS Excel, PDF, CAD, or image with texts in a Unicode font. Large-size files must be posted in the System in the *.zip or *.rar format;
b) It is not infected, broken or damaged and no password is established.
2. If a file enclosed in the e-Bid is not made in the given format prescribed in Clause 1 of this Article leading to the fact that Procuring Entity cannot open and read this file, it will not be evaluated anymore.
Article 7. Technical handling in case of system failure beyond control
In case of a system failure leads to suspension of service, procurements of which bid closing time or bid opening time falls to the failure duration are extended as follows:
1. If the failure is remedied and the System resumes operation in the period from 0h00’ to 12h00’, the new bid closing or opening time is 15h00’ on the same date, except for the case prescribed in Clause 3 of this Article.
2. If the failure is remedied and the System resumes operation in the period from 12h00’ to 24h00’, the new bid closing or opening time is 9h00’ on the next date, except for the case prescribed in Clause 3 of this Article.
3. If the failure is remedied and the System resumes operation in Saturday, Sunday, or a holiday, the new bid closing or opening time is 9h00' on the first working date after holidays.
4. If the bid closing or opening time must be extended as prescribed in Clauses 1, 2 and 3 of this Article, the evaluation of e-Bid must be carried out according to the bid closing or opening time specified in the e-Bidding Document that has been posted in the System.
Tìm kiếm
Thông tư 04/2017/TT-BKHĐT (Bản Word)
Thông tư 04/2017/TT-BKHĐT (Bản Pdf)