Chương IV Thông tư 06/2024/TT-BKHĐT: Tổ chức thực hiện

Chapter IV

IMPLEMENTATION

Article 30. Transitional provisions

1. Regarding a package for which the contractor selection plan (already or not yet published on the VNEPS) has been approved before January 01, 2024, but the corresponding EOI request, prequalification document, bidding documents, or request for proposals has not yet been issued by the effective date of this Circular, the revised contractor selection plan shall be approved to make it conformable with regulations of the Law on Bidding, Decree No. 24/2024/ND-CP and this Circular (if any).

2. Regarding a package for which the plan for e-selection of contractors has been approved and applied and E-HSMST, E-HSMQT and E-HSMT have been prepared according to regulations in the Circular 01/2024/TT-BKHDT dated February 15, 2024 of the Minister of Planning and Investment (hereinafter referred to as Circular 01/2024/TT-BKHDT):

a) If E-HSMST and E-HSMQT have been published on the System from January 01, 2024 to February 27, 2024, the shortlisting, contractor selection, signing and management of contract execution shall be continued in accordance with the Law on Bidding No. 22/2023/QH15, contents that remain appropriate to the Law on Bidding No. 22/2023/QH15 of Decree No. 63/2014/ND-CP and Circular No. 01/2024/TT-BKHDT;

b) If E-HSMT, E-HSMQT, E-HSMT has been published on the System from February 27, 2024 to before the effective date of this Circular, the shortlisting, contractor selection, signing and management of contract execution shall be continued in accordance with the Law on Bidding No. 22/2023/QH15, Decree No. 24/2024/ND-CP, and Circular No. 01/2024/TT-BKHDT;

c) From the effective date of this Circular, if E-HSMST, E-HSMQT and E-HSMT have not yet been prepared or E-HSMST, E-HSMQT and E-HSMT have been prepared and approved but they have not yet been published on the System, E-HSMST, E-HSMQT and E-HSMT shall be prepared, revised and re-approved according to regulations in this Circular.

3. Regarding a package to which the e-selection of contractors is not applied:

a) If prequalification document, EOI request, bidding documents have been published on the System from January 1, 2024 to before February 27, 2024, the shortlisting, contractor selection, signing and management of contract execution shall be continued in accordance with the Law on Bidding No. 22/2023/QH15, contents that remain appropriate to the Law on Bidding No. 22/2023/QH15 of Decree No. 63/2014/ND-CP;

b) If prequalification document, EOI request, bidding documents has been published on the System from February 27, 2024 to before the effective date of this Circular, the shortlisting, contractor selection, signing and management of contract execution shall be continued in accordance with the Law on Bidding No. 22/2023/QH15, Decree No. 24/2024/ND-CP;

c) From the effective date of this Circular, if EOI request, prequalification document and bidding documents have not yet been prepared or EOI request, prequalification document and bidding documents have been approved but they have not yet been published, EOI request, prequalification document and bidding documents shall be prepared, revised, appraised and re-approved in accordance with the Law on Bidding, Decree No. 24/2024/ND-CP. The investor shall revise bidding documents issued together with this Circular in order to be consistent with the method of offline selection of contractors.

4. In case of change of the contractor selection form from “offline” to “online”, the investor is not required to submit the revised contractor selection plan to the competent person for approval and he/she shall proactively change the contractor selection form on the System from “offline" to “online”. Change procedures shall follow the Instruction Manual.

Article 31. Entry into force

1. This Circular comes into force as of April 26, 2024.

2. From the effective date of this Circular, Circular 01/2024/TT-BKHDT cease to be effective, except for provisions in clause 3 of this Article.

3. Form No. 7A and 7B issued together with Circular No. 01/2024/TT-BKHDT remain effective until the effective date of the Circular on guidelines for drug bidding at public health facilities issued by the Ministry of Health.

4. If during the contractor selection, the information shall be kept confidential and cannot be published on the System, the competent person shall decide to publish the information during the contractor selection.

5. Regarding a particular package, if the regulations of E-HSMST, E-HSMQT, E-HSMT issued together with this Circular are applied, there are less than 03 bidders who meet requirements for average annual revenues or similar contract. In this case, the investor and the procuring entity may adjust these requirements according to the following principles:

a) Adjustments to requirements for average annual revenues and similar contract that are not consistent with the regulations in E-HSMST, E-HSMQT, E-HSMT forms shall ensure that the division of packages is reasonable and the scale of packages is not too large to restrict competition;

b) When E-HSMST, E-HSMQT, E-HSMT is proposed for approval, the procuring entity shall clarify adjustments to E-HSMST, E-HSMQT, E-HSMT in the proposal for the investor’s consideration;

c) In all cases, the investor shall ensure that the bidders' participation is not restricted; the selected contractors shall have qualifications to implement the packages.

6. From the effective date of this Circular, when preparing bidding documents for offline selection of contractors, the investor and the procuring entity shall use E-HSMT forms enclosed with this Circular in accordance with regulations of the Law on Bidding and Decree No. 24/2024/ND-CP.

7. Every year, the Ministry of Planning and Investment shall offer guidance on provision and publishing of information on bidding on the System in conformity with the Tet and holiday schedule as notified by the Ministry of Labor, War Invalids and Social Affairs.

8. The revisions of webforms on the System shall comply with point dd clause 1 Article 135 of Decree No. 24/2024/ND-CP.

9. Any difficulties that arise during the implementation of this Circular should be promptly reported by Ministries, ministerial agencies, governmental agencies, other central agencies, People's Committees at all levels, state economic corporations, state corporations and relevant organizations and individuals to the Ministry of Planning and Investment for guidelines./.