Loading...

Regulations on similar contracts to of medical supply packages

Sun, 30 Dec 2018 14:53:41 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – Through the system of receiving and responding recommendations of businesses, International Pharmaceutical Co., Ltd. (in Dak Lak Province) propose to guide contents of "experience in implementing similar goods supply contracts" according to the Circular No. 05 / 2015 / TT-BKHĐT.

The International Pharmaceutical Co., Ltd has participated in bidding for procurement of consumable medical supplies for public health facilities in the province in 2017 - 2018 at the Department of Health of Binh Duong Province. In the bidding documents, the Department of Health of Binh Duong Province had a request for "experience in implementing similar goods supply contracts" to bidding packages under consideration of the Circular No. 05/2015 / TT-BKHĐT.

Accordingly, the contractor provides at least 2 similar contracts to provide consumable medical supplies that the contractor fully completed (enclosed contracts and minutes of contract liquidation) from 2014 to the time of bid closing. (November 8, 2017).

In terms of value, both similar contracts have a greater value than or equal to 70% of the value of the bidding package under consideration or at least one similar contract with a greater value than or equal to 70% of the value of the bidding package. Subsequent consideration and similar contracts are determined by adding smaller contracts but must ensure that the value is greater than or equal to 70% of the value of the bidding package under consideration.

However, there is a conflict between investors and contractors in the way of understanding the "experience of implementing similar goods supply contracts" in the Circular No. 05/2015 / TT-BKHĐT.

Through the system of  receiving  and responding to recommendations of businesses, International Pharmaceutical Co., Ltd would like to request for  answers:

- Contract value considered in the Circular No. 05/2015 / TT-BKHĐT is the bid value of the contractor or the plan value developed by the investor?

- Particularly in the health sector, tenders tend to participate in be concentrated bidding at the Department of Health or the Provincial General Hospital, the centralized bidding results will be allocated to each medical facility and the health facilities will sign contracts with contractors (each contract will be very small compared to the result of the winning bidder at the Department or the Provincial General Hospital). So, can the company use the value of winning results at the Department of Health or the Provincial General Hospital with contracts and liquidation of medical facilities to prove the scale of the contract in this case?

Regarding this issue, The Ministry of Planning and Investment responds as follows:

According to the guidance in Section 2.1, Chapter II, the forms of dossiers of invitation for goods procurement issued together with the Ministry of Planning and Investment's Circular No. 05/2015 / TT-BKHĐT dated June 16, 2015, similar goods supply contracts are contracts, in which the goods provided are similar to the goods of the currently bidding package under consideration and completed., including:

(i) Similar in type and nature: The same type and similarity of technical characteristics and use features with the goods of the bidding package under consideration.

(ii) Same scale: Having a contract value equal to or greater than 70% of the value of the bidding package under consideration.

According to Clause 3, Article 44 of the Decree No. 63/2014 / ND-CP, centralized procurement is implemented in one of two ways:

(i) The centralized procurement unit gathers procurement needs, selects contractors, directly signs contracts with contractors selected to supply goods and services.

(ii) The approval for invitation for bids must be granted in writing in accordance with the report on evaluation of the invitation for bids.

In the case of International Pharmaceutical Co., Ltd, the similar contract value stipulated in the tender invitation documents as guided in the above form of tender invitation documents shall be calculated on the basis of the currently evaluated bidding package and not based on the bid price of the contractor.

In case of centralized bidding, because the centralized bidding has been formed as a bidding package, the bid is organized, approval of contractor selection results and framework agreement are signed, the contractor is allowed to use the agreement framework to prove his/her similar contract. However, because the implementation of the framework agreement depends on the units directly using the goods, the contractor needs to provide more contracts, minutes of acceptance of the contract signed with the unit directly using the goods to demonstrate the level of completion of the framework agreement as well as the actual scope of work performed.

 

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

---------------------------------------------

Same category News :

Other news :

Legal Documents

Circular No 24/2015/TT-BTTTT on Regulations on management and use of Internet resources

Contact

google+

linkedin