Circular No. 06/2010/TT-BKH dated March 09, 2010 of the Ministry of Planning and Investment detailing the making of consultancy service bidding dossiers

CIRCULAR

DETAILING THE MAKING OF CONSULTANCY SERVICE BIDDING DOSSIERS

THE GOVERNMENT

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

Pursuant to the June 19, 2009 Law Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment;

Pursuant to the Government's Decree No. 85/ 2009/ND-CP of October 15, 2009, guiding the implementation of the Bidding Law and the 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 making of consultancy service bidding dossiers as follows:

Article 1. Scope of regulation and subjects of application

1. This Circular applies to organizations and individuals in charge of making bidding dossiers for consultancy service bid packages under projects regulated by the Bidding Law when applying the form of domestic or international open bidding and restricted bidding to select institutional consultancy contractors.

2. For consultancy service bid packages under ODA-funded projects, if donors agree, the model bidding dossier issued together with this Circular may be applied with modifications in accordance with bidding regulations in treaties to which the Socialist Republic of Vietnam is a contracting party or international agreements which have been signed by competent agencies or organizations of the Socialist Republic of Vietnam.

Article 2. Model consultancy service bidding dossier

The model consultancy service bidding dossier issued together with this Decision has the following principal contents:

Part One. Instructions for contractors

Chapter I. Requirements on bidding procedures

Chapter II. Bid data sheet

Chapter III. Evaluation criteria

Part Two. Technical proposal template

Part Three. Financial proposal template

Part Four. Terms of reference

Part Five. Contractual requirements

Chapter IV. General contractual terms

Chapter V. Specific contractual terms

Chapter VI. Model contract

When applying this model dossier, organizations and individuals that make bidding dossiers shall base themselves on the sizes and characteristics of bid packages to set requirements on the principles of fair competition, equality, transparency and economic efficiency; refrain from imposing conditions to restrict the participation of contractors or create advantages for one or several contractors, thus causing unfair competition.

In this model dossier, contents in italic are for instructive and illustrative purposes which may be specified by makers of bidding dossiers based on the size and characteristics of each bid package. If it is necessary to make changes or additions to contents printed in regular font, makers of bidding dossiers shall give written explanations and ensure compliance with the bidding law; investors shall take responsibility before law for those changes and additions.

Article 3. Organization of implementation

1. This Circular takes effect on May 1, 2010, and replaces the Planning and Investment Ministry's Decision No. 1048/2008/QH-BKH of August 11, 2008, providing the model consultancy service bidding dossier.

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 shall, within the scope of their management, guide in detail some contents of this Circular (when necessary) while ensuring compliance with this Circular.

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