Procurement Plan For Detail Engineering Design For Additional Road And Water Supply Subprojects Executing Agency Provincial Peoples Committee Of Bac Kan Province Provincial Peoples Committee Of Cao Bang Province Provincial Peoples Committee Of Ha Giang Province Provincial Peoples Committee Of Lang Son ProvinceD National Competitive Bidding1 GeneralThe Procedures To Be Followed For The Procurement Of Goods Non Consulting Services And Works UnderContracts Awarded On The Basis Of National Competitive Bidding Shall Be Those Set Forth In A Law OnProcurement 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 InThe National Procurement Laws Is Inconsistent With The Adb Procurement Guidelines March 2013 AsAmended 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 ThoseProvided 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 BiddersCapability To Fulfill The Contract In Question Foreign Bidders Shall Be Eligible To Participate Under TheSame Conditions As National Bidders Foreign Bidders Shall Not Be Asked Or Required To Form JointVentures 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 DuringThe Period Of Time Determined By Adb Iii A Bidder Shall Not Have A Conflict Of Interest Which Term Shall Be Defined In Accordance With Section1 Of Adb Procurement Guidelines 1 Any Bidder Found To Have A Conflict Of Interest Shall Be IneligibleFor Contract Award Iv Government Owned Enterprises In The Borrowers Country Shall Be Eligible To Participate As A BidderOnly If They Can Establish That They Are Legally And Financially Autonomous Operate UnderCommercial Law And Are Not Dependent Agencies Of The Borrower Or Sub Borrower V National Sanction Lists May Only Be Applied With Approval Of Adb28 Rejection Of All Bids And Rebidding I No Bid Shall Be Rejected On The Basis Of A Comparison With The Procuring Entitys Estimate Or BudgetCeiling Without Adbs Prior Concurrence Ii All Bids Shall Not Be Rejected And New Bids Solicited Without Adbs Prior Approval
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