Nội dung toàn văn Circular 14/2016/TT-BKHDT guidelines Bidding Documents for Procurement of Non consulting Services
THE MINISTRY OF PLANNING AND INVESTMENT | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 14/2016/TT-BKHDT | Hanoi, September 29, 2016 |
CIRCULAR
ON GUIDELINES FOR BIDDING DOCUMENTS FOR PROCUREMENT OF NON-CONSULTING SERVICES
Pursuant to the Law on bidding No. 43/2013/QH13 dated November 26, 2013;
Pursuant to Government’s Decree No. 63/2014/ND-CP dated June 26, 2014 on guidelines for the Law on Investment in terms of selection of Contractors;
Pursuant to the Government's Decree No. 116/2008/ND-CP dated November 14, 2008 defining the functions, tasks, entitlements and organizational structure of the Ministry of Planning and Investment;
At the request of Director of Public Procurement Agency;
The Minister of Planning and Investment promulgates a Circular on guidelines for Bidding Documents for Procurement of Non-consulting Services as follows:
Article 1. Scope
This Circular provides guidelines for making Bidding Documents for Procurement of Non-consulting Services up to VND 10 billion (small-scale procurement) under scope of regulation of the Law on Bidding No. 43/2013/QH13. The template of Bidding Documents for Procurement of Non-consulting Services enclosed herewith shall be used through competitive bidding or selective bidding under single-stage and one-envelope bidding procedure.
Article 2. Regulated entities
1. This Circular applies to entities engaging in or involving in selection of Contractors under scope of regulation prescribed in Article 1 of this Circular.
2. Entities engaging in selection of Contractors not under scope of regulation prescribed in Article 1 of this Circular are also encouraged to apply Article 1 of this Circular.
Article 3. Applying Bidding Documents’ Forms for Non-consulting Services
1. Non-consulting Services include: logistics, insurance; advertisement; training, testing and commissioning; mapping; printing; funeral; hygiene; management and operation of building; accountant; communication; public transportation; planting and management of trees; water supply and drainage; power supply, lighting; collection, sorting and treatment of waste and wastewater; photography; packing; photocopying and other activities are not consulting services specified in the Clause 8 Article 4 of the Law on Bidding No. 43/2013/QH13.
2. With regard to procurement of non-consulting services funded by ODA, the Bidding Documents issued herewith shall apply with the consent of the donors or be amended in accordance with regulations on bidding in treaties, international agreements between Vietnam and those sponsors.
3. In case of international bidding, according to scope and nature of procurement, the Bidding Documents shall be modified in terms of bid price, language, currency, incentives, periods and others in accordance with the Law on Bidding No. 43/2013/QH13, Decree No. 63/2014/ND-CP.
4. In case of procurement of non-consulting services exceeding VND 10 billion or not exceeding VND 10 billion but using single-stage and two-envelope bidding procedure, the Bidding Documents shall be modified in accordance with the Law on Bidding No. 43/2013/QH13, Decree No. 63/2014/ND-CP.
5. Guidelines for using Bidding Documents’ Forms for Non-consulting Services:
All requirements in the Bidding Documents must be provided according to the rules of competition, equity, transparency and economic efficiency; no requirement is given for the purpose of restricting participation of bidders, providing advantages for one or some of bidders resulting in the unfair competition. If the Bidding Documents’ Forms are modified, entities in charge of making, assessing, and approving Bidding Documents must ensure that the modified documents are done more appropriately, scientifically, and closely than the Bidding Documents’ Forms and in accordance with regulations and laws on bidding. The request for approving Bidding Documents must clarify contents to be modified and reasons. Bidding Documents’ Forms include:
Chapter I. Instructions to Bidders
This Chapter provides information to help Bidders prepare their Bids. This Chapter contains provisions that are to be used without modification.
Chapter II. Bid Data Sheet
This Chapter includes provisions that are specific to each procurement and that supplement Chapter I according to scope and nature of the procurement.
Chapter III. Evaluation and Qualification Criteria
This Chapter refers to criteria for evaluate Bids in terms of qualification, technical and finance-trade aspects. According to scope and nature of procurement, criteria shall be established scientifically and particularly and in accordance with procurement requirements as specified in the Notes.
Chapter IV. Bidding Forms
This Chapter includes the forms, which, once completed, incorporates to the Bid, basically, are to be used without modification.
Chapter V. Supply Requirements
This Chapter includes scope of procurement, plan, and technical specifications. Scope of procurement, schedule, and technical specifications shall be given generally according to finished product; no requirement is given for the purpose of restricting participation of bidders or causing unfair competition.
Chapter VI. General Condition of Contract
This Chapter includes the general clauses to be applied in all Contracts of different procurements. In case of simple and normal procurements of non-consulting services (with low value, short Contract duration, work items to be completed are not professionally or technically required) lump sum Contract shall prevail. When the lump sum Contract is applied, the Bidder must calculate and allocate contingency costs in the Bid Price; the contingency costs shall not be separated to evaluate the Bid in terms of finance and trade aspects.
If the procurement of non-consulting services is not simple, with long Contract duration and the application of lump sum Contract is considered not effective, fixed-price Contract, adjustable-price Contract or combination of Contract types may be applied. When the Bid is evaluated in terms of finance and trade aspects, contingency costs shall not be considered in the comparison and ranking of Bidders. The contingency costs shall be determined accurately in the course of negotiation of Contract. The successful bid and Contractual price must include contingency costs; the contingency costs shall be managed by the Employer and only be used to pay for Bidders under the Contract's terms.
The Bidding Documents must specify in detail contents and rules for using contingency costs serving as basis for submission of bid, signing and performing Contract, in which specific amounts or ratio (%) of contingency costs to service charges shall be specified. The Bidder must offer contingency costs in accordance with requirements of Bidding Documents.
Chapter VII. Special Conditions of Contract
This Chapter includes provisions that supplement Chapter VI specific to each procurement to complete the Contract and ensure that the signing and performance of Contract is feasible.
Chapter VIII. Contract Forms
This Chapter contains forms which, once completed, will form part of the Contract.
Appendix. Some examples of technical evaluation criteria and technical specifications according to the finished product.
These examples are technical evaluation criteria which applies weighted scoring method, pass-fail system; technical specifications according to the finished product and Contract Appendix on payment exemption.
Article 4. Implementation
1. This Circular comes into force from December 1, 2016.
2. Ministries, ministerial-level agencies, Governmental agencies, other agencies of central government, People’s Committees, relevant organizations and individuals 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.
| Minister |
Form 06 (b).
BIDDER’S JV MEMBERS INFORMATION FORM (1)
Date: _______________
Number and name of procurement: __________
Bidder’s name: |
Bidder’s JV Member’s name: |
Bidder’s JV Member’s country of registration: |
Bidder’s JV Member’s year of establishment: |
Bidder’s JV Member’s legal address in country of registration: |
Bidder’s JV Member’s authorized representative information Name: ______________________________________________ Address: ____________________________________________ Telephone/Fax numbers: ____________________________________ Email address: _______________________________________ |
1. Attached are copies of original documents of: enterprise registration certificate, establishment decision (or equivalent documents of constitution or association) issued by the competent authority of the country in which the Bidder is operating. 2. Organizational chart. |
Notes:
(1) In case of joint venture, each JV' Party shall declare information using this Form.
Form No. 07
LIST OF COMPANIES IN CHARGE OF WORK ITEMS (1)
No. | Name of subsidiary company, associate company (2) | Work performed in the procurement (3) | Proportion of value to bid price (4) | Notes |
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Notes:
(1) If the Bidder is a parent company (namely a corporation), it must declare specific tasks assigned to subsidiary companies, associate companies. The qualification of the Bidder shall be evaluated according to the value and volume of work performed by the parent company, subsidiary companies, associate companies and has been declared in the Bid. If the Bidder is not a parent company, this Form shall not be used.
(2) Insert name of the subsidiary companies, associate companies.
(3) Insert work performed by the subsidiary companies, associate companies.
(4) Insert proportion of value of work performed by the subsidiary companies, associate companies to the bid price.
Form No. 08
PREVIOUS CONTRACT NON-FULFILMENT RECORDS (1)
Bidder’s name: _____________
Date: ________ ___________________
JV's Party name (if any): ____________________
Previous contract non-fulfillment records prescribed in Section 2.1 of Chapter III - Evaluation and Qualification Criteria | |||
□ No concluded contract without fulfillment from January 1, ___ [year] prescribed in criterion 1 in the Financial Qualification Criteria in Section 2 of Chapter III - Evaluation and Qualification Criteria. □ At least one concluded contract without fulfillment from January 1, ___ [year] prescribed in criterion 1 in the Financial Qualification Criteria in Section 2 of Chapter III - Evaluation and Qualification Criteria. | |||
Year | Unfinished tasks in the contract | Description of contract | Total value of contract (current value, currency unit, exchange rate, equivalent value in VND) |
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| Description of contract Investor’s name: Address: Reasons for contract non-fulfillment: |
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Notes:
(1) The Bidder must declare accurately and truthfully history of unfinished contracts; any unfisnished contract being not declared shall be considered “fraudulent” and rejected. Regarding joint venture, each JV' Party shall declare information using this Form.
Form No. 09
FINANCICAL SITUATION OF BIDDER (1)
Bidder’s name: _______________
Date:________ _____________________
JV's Party name (if any) : _____________________
| Financial Data for last 3 years(2) [VND] | ||
| Year 1: | Year 2: | Year 3: |
Information from Balance Sheet
Total Assets |
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Total Liabilities |
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Net Worth |
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Current Assets |
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Current Liabilities |
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Working Capital |
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Information from Income Statement
Total Revenues |
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Profits Before Taxes |
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Profits After Taxes |
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Attached are copies of financial statements(3) (balance sheets including all related notes, and income statements) for last 3 years, as indicated above, complying with the following conditions: 1. All such documents reflect the financial situation of the Bidder or JV's Party, and not sister or parent companies. 2. Historic financial statements must be complete, including all notes to the financial statements as prescribed. 3. Historic financial statements must correspond to accounting periods already completed, attached are certified true copies of one of the following documents: - Inspection record of tax declaration; - Tax statement (VAT and enterprise income tax) whose time of submitting certified by tax authority; - Documentary evidence on electronic tax declaration by the Investor; - Certification of tax liability issued by the tax authority (certifying amount paid in the whole year); - Auditor's report (if any); - Other documents; | |||
Notes:
(1) In case of joint venture, each JV' Party shall declare information using this Form.
(2) The period of time above must correspond to the period of time prescribed in the Table of Evaluation and Qualitification Criteria of Section 2 Chapter III - Evaluation and Qualification Criteria; if it is not 3 years, these column shall be modified appropriately.
(3) Audited financial statement if the Bidder is subject to audit in compliance with the laws and regulations audit. If the Bidder is not subject to audit in compliance with the laws and regulations audit, no audited financial statement is required.
Form No. 10
AVERAGE ANNUAL TURNOVER (1)
Each Bidder or a JV's Party must fill in this form.
Information supplied should be the Annual Turnover from rendering of services of the Bidder or each JV's Party for work items in progress or completed according to amounts as specified in invoices issued to the Bidder or each JV's Party.
Annual Turnover Data for the Last ___Years | |
Year | Amount (VND) |
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Average Annual Turnover of Bidder (3) |
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Notes:
(1) Regarding joint venture, each JV' Party must fill in this form.
(2) The Employer shall insert the period of time prescribed in Table of Financial Qualification Criteria of Section 2 Chapter III - Evaluation and Qualification Criteria.
(3) Average Annual Turnover shall be determined by dividing total turnover by number of years according the information supplied.
Form No. 11
FINANCIAL RESOURCES (1)
(If financial resources are not included in Bidding Documents, this form is not used)
Specify proposed sources of financing, such as liquid assets(2), credit limit and other financial means (other than advance payments of the contract), available to meet the financial resources requirements prescribed in Form No. 12 of this Chapter.
Financial Resources of Bidder | ||
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Total financial resources of Bidder |
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Notes:
(1) Every Bidder or JV's Party shall provide information about their financial resources, enclosed with documentary evidence.
Expected financial resources shall be determined by the following formula:
NLTC= TNL - DTH
Where:
- NLTC is the proposed sources of financing to perform the contract:
- TNL is total financial resources of the Bidder (specified in this form);
- DTH is total monthly financial resources required for contracts in progress (specified in Form No. 12 of this Chapter).
A Bidder shall be considered responsive to financial resources requirements if its mobilized proposed financial resources are no less than the value of financial resources required prescribed in Table of Financial Qualification Criteria of Section 2 of Chapter III - Evaluation and Qualification Criteria.
If the Bidder encloses a credit commitment issued by a credit institution lawfully operating in Vietnam in the Bid, which promises to lend to the commitment holder (the Bidder) to perform the considered package with minimum amount equivalent to the required value prescribed in Table of Financial Qualification Criteria of Section 2 Chapter III – Evaluation and Qualification Criteria during the contract duration, the Bidder shall be considered satisfying financial requirements for the package and not required to declare information using this Form and Form No. 12 of this Chapter.
(2) Liquid assets mean cash and equivalent, short-term financial instruments, available-for-sale securities, marketable securities, trade receivables, short-term financial receivables and other assets that can easily be changed into cash within 1 year.
Form No. 12
MONTHLY FINANCIAL RESOURCES FOR CONTRACTS IN PROGRESS (1)
(If financial resources are not included in Bidding Documents, this form is not used)
No. | Contract’s name | Contact person of the Investor (address, telephone, fax numbers) | Finish date of contract | Number of remaining months of contract (A) (2) | Unpaid contract value, including taxes (B) (3) | Monthly financial resources required (B/A) |
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Total monthly financial resources required for contracts in progress (DTH) |
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Notes:
(1) Each Bidder or JV's Party shall provide information below to calculate all required financial resources, which is all value of: (i) current commitments of the Bidder (or each joint venture member) in all contracts being executed or to be executed; (ii) required financial resources of the considered contract by the Investor. In addition, the Bidder shall provide information about any other financial obligation likely substantially affecting the execution of the considered contract if the Bidder is awarded the contract.
(2) Number of remaining months of contract at 28 days prior to the deadline for submission of Bid.
(3) Unpaid value of contract at 28 days prior to the deadline for submission of Bid.
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