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light-check Forms of bidding documents for non-consulting services under the framework of the CPTPP Agreement, EVFTA and UKVFTA

Circular No. 21/2022/TT-BKHDT dated September 30th, 2022 of the Minister of Planning and Investment on prescribing preparation of bidding documents for procurement of non-consulting services under the framework of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the EU-Vietnam Free Trade Agreement and the UK-Vietnam Free Trade Agreement
Posted: 10/10/2022 8:11:19 AM | Latest updated: 31/10/2022 11:32:42 AM (GMT+7) | LuatVietnam: 5555 | Vietlaw: 584
VietlawOnline

This Circular promulgates Forms of bidding documents for non-consulting services under the framework of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP Agreement, the EU-Vietnam Free Trade Agreement (EVFTA) and the UK-Vietnam Free Trade Agreement (UKVFTA) used in competitive bidding process.

In which including: Form No. 01 shall be used in the competitive bidding process adopting the single stage-one envelope bidding procedure and Form No. 02 shall be used in the competitive bidding process adopting the single stage-two envelope bidding procedure.

Some points required to be noted upon applying the Forms of bidding documents in this Circular:

- Bidding documents shall not include any requirement aimed at limiting participation of bidders or giving advantage to one or some bidders;

- Bidding documents shall not include any requirement that the bidder has previously been awarded one or more contracts by a procuring entity of a given country or territory or that the bidder has prior work experience in that country or territory as the basis for removal of bidder.

- In case modifications in a Form of bidding documents are required, such modifications will make the bidding documents to be stricter and more reasonable, and not be contrary to the provisions of CPTPP, EVFTA and UKVFTA Agreements

- Key personnel requirements shall not be imposed if the non-consulting service contract package does not require highly-skilled personnel.

- Bidding documents must include the contract form, and terms and conditions of the contract as the basis for bidders’ submission of their bids as well as negotiation, completion and conclusion of the contract.

With regard to non-consulting service contract packages applying direct contracting, request for proposals documents may be prepared in accordance with the provisions of this Circular provided that they shall not be contrary to the provisions of CPTPP, EVFTA and UKVFTA Agreements

This Circular takes effect from November 20th, 2022.

To amend clause 3 Article 31, clause 2.c Clause 2.c Table 01 Chapter II of Appendix 4 enclosed with Circular No. 10/2022/TT-BKHDT and replace Circular No. 11/2015/TT-BKHDT.

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Effective date 20-Nov-2022
Expired date Unknown
Published Vietlaw's Newsletter No. 584

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enflag pdficon TT21-30092022BKHDT[EN].pdf

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Mẫu hồ sơ mời thầuCập nhật đến: 20-Nov-2022

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Bidding

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