Circular No. 02/2010/TT-BKH dated January 19, 2010 of the Ministry of Planning and Investment detailing the compilation of bidding dossiers of small-sized construction and installation bidding packages

THE MINISTRY OF PLANNING AND INVESTMENT

Circular No. 02/2010/TT-BKH of January 19, 2010, detailing the compilation of bidding dossiers of small-sized construction and installation bidding packages

Pursuant to Bidding Law No. 61/2005/QH11 of November 29, 2005;

Pursuant to June 19, 2009 Law No. 38/2009/QH12 Amending and Supplementing a Number of Articles of the Laws concerning capital construction investment;

Pursuant to the Government’s Decree No. 85/2009/ND-CP of October 15, 2009, guiding the Bidding Law and selection of construction contractors under the Construction Law;

Pursuant to the Government’s Decree No. 116/2008/ND-CP of November 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

The Ministry of Planning and Investment details the compilation of bidding dossiers of small-sized construction and installation bidding packages as follows:

Article 1. Scope of regulation and subjects of application

1. This Circular applies to organizations and individuals responsible for compiling bidding dossiers of small-sized construction and installation bidding packages not exceeding VND 8 billion each under projects governed by the Bidding Law when they apply domestic open or restricted bidding. In case of international bidding for small-sized construction and installation bidding packages, some contents of bidding dossiers may be modified and supplemented as appropriate on the basis of reference to the form of construction and installation bidding dossier attached to the Ministry of Planning and Investment’s Circular No. 01/2010/TT-BKH of January 6, 2010.

2. For small-sized construction and installation bidding packages under ODA-funded projects, the bidding dossier form attached to this Circular may be used as it is if donors so agree or may be used with modified and supplemented contents under bidding provisions of treaties to which the Socialist Republic of Vietnam is a contracting party or international agreements which competent agencies or organizations of the Socialist Republic of Vietnam have concluded.

Article 2. Form of bidding dossier of small-sized construction and installation bidding packages

The form of bidding dossier of small-sized construction and installation bidding packages attached to this Circular has the following principal details:

Part One. Instructions for contractors

Chapter I. Requirements on bidding procedures

Chapter II. Criteria for evaluation of bid dossiers

Chapter III. Form of bid

Part Two. Construction and installation requirements

Chapter IV. Introduction about the project and bidding package

Chapter V. Bill of quantities

Chapter VI. Requirements on implementation progress

Chapter VII. Technical requirements

Chapter VIII. Drawings

Part Three. Contractual requirements

Chapter IX. Contractual terms

Chapter X. Model contract

When using this form, organizations and individuals shall, based on the size and characteristics of bidding packages, set out requirements ensuring the principles of competition, equality, transparency and economic efficiency; and may not impose conditions aiming to restrict participation of contractors or to create advantages for one or several contractors, resulting in unfair competition.

In this form, the contents in italic are for instructive and illustrative purposes and shall be concretized by users based on the size and characteristics of bidding packages. If wishing to modify and supplement contents in regular font, organizations and individuals shall give written explanations and ensure that such modification and supplementation do not contravene the bidding law. Investors shall take responsibility before law for the modified and supplemented contents.

Article 3. Organization of implementation

1. This Circular takes effect on March 15, 2010. The Planning and Investment Ministry’s Decision No. 1744/2008/QD-BKH of December 29, 2008, promulgating the form of bidding dossier of small-sized construction and installation packages, ceases to be effective on the effective date of this Circular.

2. Ministries, ministerial-level agencies, government-attached agencies, other central agencies, People’s Committees at all levels, and concerned organizations and individuals shall implement this Circular.

Ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees may, within the scope of their management, issue guidance to detail a number of provisions of this Circular (when necessary), but shall ensure that such guidance does not contravene this Circular.

3. Ministries, ministerial-level agencies, government-attached agencies, other central agencies, People’s Committees at all levels, and concerned organizations and individuals should report any problems arising in the course of implementation to the Ministry of Planning and Investment for timely consideration and settlement.-

Minister of Planning and Investment
VO HONG PHUC