Circular 20/2022/TT-BKHDT bidding dossiers for bidding packages to provide consultancy services under CPTPP

CIRCULAR

Providing in detail the preparation of bidding dossiers for bidding packages to provide consultancy services regulated by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union and the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland^[1]

Pursuant to the November 26, 2013 Bidding Law;

Pursuant to the Government’s Decree No. 95/2020/ND-CP of August 24, 2020, guiding the implementation of bidding for procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (below referred to as Decree No. 95/2020/ND-CP);

Pursuant to the Government’s Decree No. 09/2022/ND-CP of January 12, 2022, amending and supplementing a number of articles of the Government’s Decree No. 95/2020/ND-CP of August 24, 2020, guiding the implementation of bidding for procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (below referred to as Decree No. 09/2022/ND-CP), to guide the implementation of bidding for procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union and the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland;

Pursuant to the Government’s Decree No. 86/2017/ND-CP of July 25, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

At the proposal of the Director of the Public Procurement Agency;

The Minister of Planning and Investment promulgates the Circular providing in detail the preparation of bidding dossiers for bidding packages to provide consultancy services regulated by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union and the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland.

Article 1. Scope of regulation

This Circular provides in detail the preparation of bidding dossiers for bidding packages to provide consultancy services regulated by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (below referred to as the CPTPP), the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (below referred to as the EVFTA) and the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland (below referred to as the UKVFTA), which are eligible for open bidding.

Article 2. Subjects of application

This Circular applies to organizations and individuals engaged or involved in the selection of contractors for the bidding packages to provide consultancy services referred to in Article 1 of this Circular.

Article 3. Application of forms of consultancy service bidding dossiers

1. For bidding packages to provide consultancy services subject to contractor appointment, it is allowed to apply this Circular to the making of dossiers of requirements, ensuring that such application does not contravene the CPTPP, EVFTA and UKVFTA.

2. In case it is necessary to apply a contract with fixed unit price or contract with adjustable unit price, the project owner or bid solicitor may modify the form of bidding dossier provided in the appendices to this Circular, ensuring that such modification does not contravene the CPTPP, EVFTA, UKVFTA, Decree No. 95/2020/ND-CP and Decree No. 09/2022/ND-CP.

Article 4. Preparation of bidding dossiers

1. Preparation, appraisal and approval of bidding dossiers:

a/ Depending on the scale and nature of each bidding package, the bid solicitor may set appropriate requirements, ensuring adherence to principles of competition, equality, transparency and economic efficiency. A bidding dossier must fully comprise necessary information as a basis for contractors to prepare bid dossiers;

b/ The bid solicitor may not set conditions to limit the participation of contractors or to create advantages for one or several contractor(s), thus causing unfair competition; may not set a requirement that contractors must be those having previously concluded and performed one or several contract(s) with the procurement authority of a particular country or territory, or that contractors must have experience in providing services in the domain of such country or territory as a criterion for eliminating contractors;

c/ In case of modifying the form of bidding dossier, an organization or individual that makes, appraises or approves the bidding dossier shall ensure that the modified contents are more stringent than those stated in the form of bidding dossier and not contrary to the CPTPP, EVFTA and UKVFTA. A written request for approval of the bidding dossier must clearly state the modified contents against those stated in the form of bidding dossier and reason(s) for such modification for the project owner to make consideration and decision.

2. Contracts:

A bidding dossier must comprise a contract form and detailed terms and clauses as a basis for contractors to offer bids and for related parties to negotiate, finalize and conclude the contract. A contract must comprise general conditions, detailed conditions and the contract form. Depending on the scale and nature of each bidding package, the project owner may decide to modify the contract as appropriate, ensuring that such modification does not contravene the bidding law, the CPTPP, EVFTA, UKVFTA and other relevant laws.

Article 5. Organization of implementation

1. This Circular takes effect on November 20, 2022.

2. For bidding packages regulated by the CPTPP, EVFTA and UKVFTA with the time of bid opening taking place before the effective date of this Circular, the evaluation of bid dossiers and approval of bid winners must comply with the contents stated in the bidding dossiers but must not contravene the CPTPP, EVFTA and UKVFTA.

3. For bidding packages regulated by the CPTPP, EVFTA and UKVFTA with bidding dossiers issued before the effective date of this Circular but with the time of bid closing taking place after the effective date of this Circular which is not due, if there are some contents inconsistent with or contrary to those stated in the form of bidding dossier provided in the appendices to this Circular, such contents shall be modified as appropriate. In case a bidding dossier is modified after it is issued, the project owner or bid solicitor shall give contractors a reasonable period of time to prepare bid dossiers.

4. For bidding packages regulated by the CPTPP, EVFTA and UKVFTA with bidding dossiers approved before the effective date of this Circular but not yet issued, such dossiers shall be modified according to the form of bidding dossier provided in the appendices to this Circular.

5. In case the legal documents referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing documents shall prevail.

6. The organizations listed in the Appendix to Decree No. 09/2022/ND-CP and related organizations and individuals shall report any problems arising in the course of implementation of this Circular to the Ministry of Planning and Investment for prompt consideration and guidance.-          

Minister of Planning and Investment
NGUYEN CHI DUNG

* The appendices to this Circular are not translated.