Circular No. 09/2010/TT-BKH dated April 21, 2010 of the Ministry of Planning and Investment detailing the making of reports on evaluation of bid dossiers applicable to procurement and construction and installation bid packages

CIRCULAR

DETAILING THE MAKING OF REPORTS ON EVALUATION OF BID DOSSIERS APPLICABLE TO PROCUREMENT AND CONSTRUCTION AND INSTALLATION BID PACKAGES

THE MINISTRY OF PLANNING AND INVESTMENT

Pursuant to November 29, 2005 Biding Law No. 61/2Q05/QH11;

Pursuant to June 19, 2009 Law No. 38/2009/ QH12 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 reports on evaluation of bid dossiers applicable to procurement and construction and installation bid packages as follows:

Article 1. Scope of regulation and subjects of application

1. This Circular applies to groups of bidding experts or organizations and units directly evaluating bid dossiers, including bidding consultancy and professional bidding organizations (below referred to as groups of bidding experts) for procurement and construction and installation bid packages under projects regulated by the Bidding Law when applying the form of domestic and international open or restricted bidding.

2. For procurement or construction and installment bid packages under ODA-funded projects, the model report on evaluation of b dossiers for procurement and construction and installment bid packages attached to this Circular (not printed herein) may be applied if so agreed by donors, which may be amended and supplemented according to bidding provision in treaties to which the Socialist Republic i Vietnam is a contracting party or international agreements which have been signed t competent agencies or organizations of the Socialist Republic of Vietnam.

Article 2. Model report on evaluation of b dossiers applicable to procurement and construction and installment bid packages

The model report on evaluation of bid dossiers applicable to procurement and construction and installment bid packages attached to this Circular has the following principal details:

I. Principal information

II. Summary of the bidding process

III. Results of evaluation of bid dossiers

IV. Conclusions and recommendations

V. Signatures of members of the group bidding experts Appendices.

When applying this model dossier, make of reports on evaluation of bid dossiers shall base themselves on bidding dossiers, bid dossiers and written requests and explanations to clarify bidding dossiers and bid dossiers, opinions evaluators of bid dossiers and relevant document to ensure the truthfulness, objectivity and transparency of bidding results.

Based on reports on evaluation of bid dossiers of groups of bidding experts, bid solicitors shall submit bidding results to investors for consideration and decision. Submitters of bidding results are not concurrently approvers of bidding results.

In this model report, words in italic are for instructive and illustrative purposes which may be specified by users based on requirements of bidding dossiers. A report on evaluation of a bid dossier must be fully filled in. If no or insufficient information is available, such must also be indicated in the report. Makers of reports on evaluation of bid dossiers shall ensure compliance with the bidding law when modifying or supplementing information in words in regular font size in this model report. Investors shall take responsibility before law for modified or supplemented details.

Article 3. Organization of implementation

1. This Circular takes effect on June 15,2010, and replaces the Planning and Investment Ministry's Decision No. 1121/2008/QD-BKH of September 3, 2008, promulgating the model report on evaluation of bid dossiers applicable to procurement and construction and installment bid packages.

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.

3. Ministries, ministerial-level agencies, government-attached agencies, other center agencies, People's Committees at all levels and concerned organizations and individuals should report 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