Chương III Thông tư 58/2016/TT-BTC: Kế hoạch lựa chọn nhà thầu

Chapter III

CONTRACTOR SELECTION PLAN

Article 9. Principle of making contractor selection plan

1. The contractor selection plan shall be made according to the entire funding from state budget allotted by competent authorities at the beginning of the year and additional plan shall be made according to funding additionally allotted during the year.

Failure to make the contractor selection plan for the entire purchase estimate, the contractor selection plan for one or several procurements shall be made first.

2. The number of procurements and contents of each procurement must be specified in the contractor selection plan.

3. The allocation of funding for purchase of assets, goods and services to procurements must be made on the basis of technical specifications and implementation order for ensuring the synchronous purchase and appropriate scale of the procurement. The division of the procurement into smaller parts for making the purchase by employing other purchasing forms without bidding and the application of methods of contractor selection inconsistent with the law are strictly prohibited.

4. The contractor selection plan shall be made after the decision on approving purchase estimate is granted or at the same time when the purchase estimate is made.

Article 10. Grounds for making contractor selection plan for purchasing assets, goods and services

1. Standards and limits on working equipment and facilities agencies, officials and public employees; current working equipment and facilities that need to be replaced by the new ones.

2. Decision on the purchase of assets, goods and services by competent authorities (as regulated in Article 5 of this Circular) or purchase estimate plan or list approved by competent authorities.

3. Scheme for purchasing equipment for the whole sector approved by the Prime Minister (if any).

4. Sources of funding for purchase of assets, goods and services as regulated in Clause 2 Article 2 of this Circular.

5. The regular purchase estimate approved by competent authorities;

6. The price appraisal result provided by the agency in charge of price appraisal or the organization providing price appraisal services or reports provided by relevant suppliers (if any).

Article 11. Contents of the contractor selection plan of each procurement

Each procurement shall consist of the following contents:

1. Name of the procurement.

2. The procurement value.

At least one of the following documents must be used as the basis for making and determining the procurement value in the contractor selection plan:

a) The quotation of the goods that need to be purchased provided by at least three local suppliers in order to use as the basis for determining the procurement value. If it is unable to get the quotation from three local suppliers, the quotation provided by suppliers in other areas may be referred to obtain at least three quotations for determining the procurement value.

b) The purchase estimate approved by the competent authority (including types of assets, goods and services, quantity and unit price or the entire funding for purchasing one type of assets/ goods/ services during the year);

c) The price appraisal result provided by the competent state agency or the price appraisal enterprise if the price appraisal must be carried out as regulated by the Law on prices;

d) The market price at the purchasing time which is referred to orthodox information provided by relevant suppliers as regulated by the law of Vietnam and obtained through Internet network;

dd) The procurement value of a similar type of goods made over the previous 30 days.

If there are specific parts of the procurement, estimated value of each part must be specified.

3. Funding sources.

4. Contractor selection methods and procedures.

5. The time on which the contractor selection plan is performed.

6. The type of contract.

7. Time limit for contract execution.

Article 12. Submission of contractor selection plan for approval

1. Submission of contractor selection plan:

The procuring agency shall submit the contractor selection plan to the person competent to approve the contractor selection plan as regulated in Article 6 of this Circular, and send such contractor selection plan to the agency/ entity in charge of appraisal as regulated in Article 8 of this Circular.

2. A proposal of contractor selection plan shall consist of:

a) Executed works, including working contents related to the procurement which has been previously executed with corresponding value and legal grounds for execution thereof;

b) Works to which one of contractor selection methods stated in this Circular cannot apply;

c) Works which are in the contractor selection plan, including working contents and corresponding value of procurements established according to one of contractor selection methods stated in this Circular. In this part, the basis for dividing the purchase estimate to procurements must be specified. Contents of each procurement must comply with regulations in Article 11 of this Circular. The proposal of contractor selection plan must include reasons for employing a contractor selection method other than the competitive bidding method;

d) Works which are not qualified for making the contractor selection plan (if any), in which, working contents and value of this part of works must be specified;

dd) Total value of works stated in Point a, b, c and d of this clause. This amount shall not exceed total funding in the approved purchase estimate.

3. Documents enclosed with the proposal:

When submitting the contractor selection plan for approval, copies of documents used as the basis for making the contractor selection plan as regulated in Article 10 of this Circular must be enclosed.

Article 13. Appraisal of contractor selection plan

1. The appraisal of contractor selection plan is to verify and appraise contents prescribed in Article 9, 10 and 11 of this Circular.

2. The agency/ entity in charge of appraising the contractor selection plan shall make and submit the report on appraisal results to the competent person for approval.

Article 14. Approving contractor selection plans

Heads of agencies prescribed in Article 5 of this Circular shall, after they have received valid contractor selection plans and reports on appraisal results, give written approval for contractor selection plans to use as the basis for selecting contractors after purchase estimates are approved or at the same time the approval for purchase estimates are given in cases where requirements are satisfied.

The contractor selection plan must be approved within 05 working days from the date on which the valid proposal of contractor selection plan and the report on appraisal results are received.