Thông tư 05/2020/TT-BKHĐT sửa đổi 04/2017/TT-BKHĐT Hệ thống mạng đấu thầu Quốc gia

CIRCULAR

ON AMENDMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 04/2017/TT-BKHDT DATED NOVEMBER 15, 2017 OF THE MINISTRY OF PLANNING AND INVESTMENT ON GUIDELINES FOR SELECTION OF BIDDERS THROUGH NATIONAL BIDDING NETWORK SYSTEM

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

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Government's Decree No. 63/2014/ND-CP dated June 26, 2014 on guidelines for the Law on Bidding in terms of selection of bidders;

Pursuant to the Government's Decree No. 86/2017/ND-CP dated July 25, 2017 on 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 guidelines for selection of bidders through National bidding network system;

At the request of the Director of Department of Public Procurement;

The Minister of Planning and Investment promulgates a Circular on amendments to certain articles of the Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment on guidelines for selection of bidders through National bidding network system.

Article 1. Amendments to the Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment on guidelines for selection of bidders through National bidding network system:

1. Clause 8 is added to Article 14 as follows:

“Form No. 08: Form of Bidding Documents applies to procurements of non-consulting services in the form of e-competitive bidding under single-stage and two-envelope bidding procedure.” Form No. 08 is appended to Appendix of this Circular.

2. Clause 8 Article 15 is amended as follows:

“Regarding process 01 in point a clause 6 Article 15 of this Circular, the expert group will employ the form No. 01A issued together with Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and Investment to make a report on evaluation of e-Bid. “Regarding process 02 in point b clause 6 Article 15 of this Circular, the expert group will employ the form No. 01B issued together with Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and Investment to make a report on evaluation of e-Bid.”

3. Clause 9 is added to Article 15 as follows:

“Regarding procurement of works, the bidder may decide whether append a certificate of eligibility for construction activities in the e-Bid or not, even when e-Bid so requires. The failure to append such a certificate of eligibility for construction activities shall not cause the bidder to be disqualified. The bidder shall be further considered and evaluated for contract award. In case of winning the bid, the bidder must present the certificate of eligibility for construction activities before the contract award".

4. Article 16 is amended as follows:

“With regard to the process 01 prescribed in Point a Clause 6 Article 15 of this Circular, Procuring Entity shall, according to report on evaluation of e-Bid sent by the expert group, submit the list of ranked bidders using form in Appendix 2A issued together with Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and Investment.”

5. Clause 2 Article 29 is amended as follows:

“a) Regarding procurement of non-consulting services, procurement of goods or works, the expert group will employ Part I Form 02 issued together with Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and Investment to make a report on evaluation of e-Technical Proposal.

b) Regarding procurement of consulting services, the expert group will employ Part I Form 03 issued together with Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and Investment to make a report on evaluation of e-Technical Proposal.

c) According to the report on evaluation of e-Technical Proposal issued by the expert group, Procuring Entity shall submit the list of technically-responsive bidders in accordance with Appendices 1A, 1B issued together with Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and Investment.”

6. Clause 2 Article 32 is amended as follows:

“a) Regarding procurement of non-consulting services, procurement of goods or works, the expert group will employ Part II Form 02 issued together with Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and Investment to make a report on evaluation of e-Technical Proposal.

b) Regarding procurement of consulting services, the expert group will employ Part II Form 03 issued together with Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and Investment to make a report on evaluation of e-Technical Proposal.

c) The Employer considers approving the list of ranked bidder using the Appendix  2B issued together with Circular No. 05/2018/TT-BKHDT dated December 10, 2018 of the Ministry of Planning and Investment.”

7. Section 2.4 Chapter I of e-Bidding Documents of procurement of works under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of goods under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of non-consulting services under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of works under single-stage and two-envelope bidding procedure, e-Bidding Documents of procurement of goods under single-stage and two-envelope bidding procedure, e-Bidding Documents of procurement of consulting services issued together with the Circular No. 04/2017/TT-BKHDT, are annulled.

8. Section 5.5 Chapter I of e-Bidding Documents of procurement of works under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of goods under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of non-consulting services under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of works under single-stage and two-envelope bidding procedure, e-Bidding Documents of procurement of goods under single-stage and two-envelope bidding procedure, e-Bidding Documents of procurement of consulting services issued together with the Circular No. 04/2017/TT-BKHDT, are amended as follows:

“5.5. The Bidder has been registered on and not been in suspension status on the System as prescribed in clause 3 Article 21 of Circular No. 11/2019/TT-BKHDT dated December 16, 2019 of the Ministry of Planning and Investment on unpaid maintenance fee for bidder name and profile as prescribed in point b clause 2 Article 24 of Circular No. 11/2019/TT-BKHDT dated December 16, 2019 of the Ministry of Planning and Investment.

In case of Joint Venture, every JV’s Party must meet all requirements mentioned above”.

9. Section 8 Chapter I of e-Bidding Documents of procurement of works under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of goods under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of non-consulting services under single-stage and one-envelope bidding procedure issued together with the Circular No. 04/2017/TT-BKHDT, are amended as follows:

“E-Bidding Document will be delivered free of charge after it is successfully posted on the System. The bidder shall bear all costs associated with preparation of e-Bid. Submission fee for e-Bid under competitive bidding is VND 330,000 (tax included), under shopping method is VND 220,000 (tax included). In any circumstance, Procuring Entity shall bear no cost associated with the making of bid by the bidder.”

10. Section 20.1 Chapter I of e-Bidding Documents of procurement of works under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of goods under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of non-consulting services under single-stage issued together with the Circular No. 04/2017/TT-BKHDT, are amended as follows:

“Procuring Entity shall open bids on the System upon the bid opening time. If fewer than 3 e-Bids are submitted, Procuring Entity shall open them right away without resorting to clause 4 Article 117 of Decree No. 63/2014/ND-CP. If no e-Bid is submitted, Procuring Entity requests Employer to consider extending the deadline for submission of e-Bids or re-holding e-selection of preferred bidders”.

11. Section 20.1 Chapter I of e-Bidding Documents of procurement of works under single-stage and two-envelope bidding procedure, e-Bidding Documents of procurement of goods under single-stage and two-envelope bidding procedure and Section 19.1 Chapter I e-Bidding Documents of procurement of non-consulting services issued together with the Circular No. 04/2017/TT-BKHDT, are amended as follows:

“Procuring Entity shall open e-Bids on the System upon the bid opening time. If fewer than 3 e-Bids are submitted, Procuring Entity shall open them right away without resorting to clause 4 Article 117 of Decree No. 63/2014/ND-CP. If no e-Bid is submitted, Procuring Entity requests Employer to consider extending the deadline for submission of e-Bids or re-holding e-selection of preferred bidders”.

12. Section 4.3 Chapter III of forms of e-Bidding Documents of procurement of goods under single-stage and two-envelope bidding procedure issued together with the Circular No. 04/2017/TT-BKHDT is amended as follows:

From “in which technical-score rate accounts for between 10% and 15%, and cost-score rate accounts for between 85% and 90%” to “in which technical-score rate accounts for between 10% and 30%, and cost-score rate accounts for between 70% and 90%”.

13. Point (i) and (ii) Section 3 Form 03 Chapter III of e-Bidding Documents of procurement of works under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of goods under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of non-consulting services under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of works under single-stage and two-envelope bidding procedure, e-Bidding Documents of procurement of goods under single-stage and two-envelope bidding procedure issued together with the Circular No. 04/2017/TT-BKHDT, are amended as follows:

“number of contracts = N or ≠ N, in which at least 1 contract has minimum value of V and total value of all contracts ≥ X. In which X = N x V”.

14. Point b Note 7 Form 3 (webform on the System) Chapter IV of e-Bidding Documents of procurement of works under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of works under single-stage and two-envelope bidding procedure, point b note 6 Form 3 (webform on the System) Chapter IV of e-Bidding Documents of procurement of non-consulting services under single-stage and one-envelope bidding procedure, point b note 8 Form 3 (webform on the System) Chapter IV of e-Bidding Documents of procurement of goods under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of goods under single-stage and two-envelope bidding procedure issued together with the Circular No. 04/2017/TT-BKHDT, are amended as follows:

From “If the Bidder encloses a credit commitment issued by a credit institution lawfully operating in Vietnam, which promises to lend to the Bidder to perform the considered procurement with minimum amount equivalent to the required value prescribed in criterion 2.3 Form 03 Chapter IV during the contract duration, the Bidder shall be considered satisfying financial requirements for the procurement and not required to declare information using this Form 14 and Form 15” to “If the Bidder encloses a credit commitment issued by a credit institution lawfully operating in Vietnam, which promises to lend to the Bidder to perform the considered procurement with minimum amount equivalent to the required value prescribed in criterion 2.3 Form 03 Chapter IV during the contract duration, the Bidder shall be required to declaration information using Form 14 but not be required to declare information using Form 15. In case of any discrepancy between the declaration and credit commitment, the credit commitment enclosed with the e-Bid shall prevail for the evaluation purpose”.

15. Note 8 Form 3 Chapter IV of e-Bidding Documents of procurement of non-consulting services under single-stage and two- envelope bidding procedure issued together with the Circular No. 04/2017/TT-BKHDT is amended as follows:

“ (8) Mainly completed means completing at least 80% of the task quantity of the contract. For procurement of non-consulting services whose work is repeated in cycles, which results in long periods of contract performance, the determination of mainly completed contracts shall be based on each cycle (each year) and calculated by the workload in a cycle (a year) of that contract but not the total value of the contract over the years”.

16. Note 2 Form 05 Chapter IV of e-Bidding Documents of procurement of works under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of goods under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of non-consulting services under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of works under single-stage and two-envelope bidding procedure, e-Bidding Documents of procurement of goods under single-stage and two-envelope bidding procedure and Note 2 Form 01 Chapter IV of e-Bidding Documents of procurement of consulting services issued together with the Circular No. 04/2017/TT-BKHDT are amended as follows:

“The area of competence of authorization shall include one or multiple tasks above. In case the contractor's legal representative authorizes the director of branch, director of subsidiary company which is dependent cost-accounting, director of enterprise, etc., the making of bid on the System must be conducted with the digital certificate of the bidder, not digital certificate of any branch, subsidiary company, or enterprise, etc. For cases of using digital certificates of branches or affiliated units (dependent cost-accounting) then the bidder will be deemed not to have met the eligibility requirements under Section 5, Chapter I".

17. Note 1 Form 14 (webform on the System) Chapter IV of e-Bidding Documents of procurement of works under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of goods under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of non-consulting services under single-stage and one-envelope bidding procedure, e-Bidding Documents of procurement of works under single-stage and two-envelope bidding procedure, e-Bidding Documents of procurement of goods under single-stage and two-envelope bidding procedure issued together with the Circular No. 04/2017/TT-BKHDT are amended as follows:

From “If the Bidder encloses a credit commitment issued by a credit institution lawfully operating in Vietnam, which promises to lend to the Bidder to perform the considered procurement with minimum amount equivalent to the required value prescribed in criterion 2.3 Form 03 Chapter IV during the contract duration, the Bidder shall be considered satisfying financial requirements for the procurement and not required to declare information using this Form and Form 15” to “If the Bidder encloses a credit commitment issued by a credit institution lawfully operating in Vietnam, which promises to lend to the Bidder to perform the considered procurement with minimum amount equivalent to the required value prescribed in criterion 2.3 Form 03 Chapter IV during the contract duration, the Bidder shall be required to declaration information using this Form. In case of any discrepancy between the declaration and credit commitment, the credit commitment enclosed with the e-Bid shall prevail for the evaluation purpose.”

Article 2. Entry in force

1. This Circular comes into force as of September 1, 2020.

2. Regarding procurements e-Bidding Documents of which have been posted on the national bidding network before effective date of this Circular, the selection of preferred bidders shall be carried in accordance with the issued e-Bidding Documents.

3. From the effective date of this Circular, procurements e-Bidding Documents of which have been approved in accordance with Circular No. 04/2017/TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment but the e-Bidding Documents have been posted on the national bidding network, such e-Bidding Documents must be modified in accordance with this Circular.

4. From the effective date of this Circular, if the procurement of non-consulting services under single-stage and two-envelope bidding procedure is subject to e-selection of preferred bidders in accordance with Article 29 of Circular No. 11/2019/TT-BKHDT dated December 16, 2019 of the Ministry of Planning and Investment, but the approved plan for selection of preferred bidder does not apply e-bidding and has not issued Bidding Documents, such plan for selection of preferred bidder must be modified in compliance with the e-bidding roadmap.

5. Depending upon the circumstances, Department of Public Procurement, the Ministry of Planning and Investment may modify the webforms on the System to enable parties to join e-selection of preferred bidders, simplify administrative procedures, enhance competition, fairness, transparency and economic efficiency in bidding and ensure state management of bidding.

6. Ministries, ministerial-level agencies, governmental agencies, other agencies of central government, the People’s Committees and relevant entities shall implement this Circular. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and Investment for consideration./.