Procurement Plan For Access Road To Cua Dai Bridge 1 GeneralThe Procedures To Be Followed For The Procurement Of Goods Non Consulting Services And Works Under Contracts Awarded On The Basis Of National Competitive Bidding Shall Be Those Set Forth In A Law On Procurement No 43 2013 Qh13 Dated November 26 2013 Law On Procurement And B Decree No 63 2014 Nd Cp Dated June 26 2014 Collectively National Procurement Laws Whenever Any Procedure In The National Procurement Laws Is Inconsistent With The Adb Procurement Guidelines March 2013 As Amended From Time To Time The Adb Procurement Guidelines Shall Prevail Amongst Others On The Following 2 Eligibility I The Eligibility Of Bidders Shall Be Defined Under Section I Of The Adb Procurement Guidelines Accordingly No Bidder Or Potential Bidder Should Be Declared Ineligible For Reasons Other Than Those Provided In Section I Of The Adb Procurement Guidelines As Amended From Time To Time Conditions Of Bidders Participation Shall Be Limited To Those That Are Essential To Ensure Bidders Capability To Fulfill The Contract In Question Foreign Bidders Shall Be Eligible To Participate Under The Same Conditions As National Bidders Foreign Bidders Shall Not Be Asked Or Required To Form Joint Ventures With Or Be Subcontractors To National Bidders In Order To Submit A Bid Ii A Firm Declared Ineligible By Adb Cannot Participate In Bidding For An Adb Financed Contract During The Period Of Time Determined By Adb Iii A Bidder Shall Not Have A Conflict Of Interest Which Term Shall Be Defined In Accordance With Section 1 Of Adb Procurement Guidelines 1 Any Bidder Found To Have A Conflict Of Interest Shall Be Ineligible For Contract Award Iv Government Owned Enterprises In The Borrowers Country Shall Be Eligible To Participate As A Bidder Only If They Can Establish That They Are Legally And Financially Autonomous Operate Under Commercial Law And Are Not Dependent Agencies Of The Borrower Or Sub Borrower V National Sanction Lists May Only Be Applied With Approval Of Adb2 3 PreferencesNo Preference Of Any Kind Shall Be Given To Domestic Bidders Over Foreign Bidders Or For Domestically Manufactured Goods Over Foreign Manufactured Goods Unless Otherwise Stated In The Applicable Financing Agreement Preferences Among Domestic Bidders Set Forth In Article 14 3 Of The Law On Procurement Shall Not Be Applied
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