Thông tư 05/2010/TT-BKH

CIRCULAR

DETAILING THE MAKING OF GOODS PROCUREMENT BIDDING DOSSIERS THE MINISTRY OF PLANNING AND INVESTMENT

Pursuant to November 29, 2005 Bidding Law No. 61/2005/QH11;
Pursuant to June 19, 2009 No. 38/2009/QH12 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 goods procurement bidding dossiers as follows:

Article 1. Scope of regulation and subjects of application

1. This Circular applies to organizations and individual in charge of making bidding dossiers for procurement of goods (including spare parts, technical documents and accompanied technical services, if any) under projects regulated by the Bidding Law when applying the form of domestic or international open or restricted bidding.

2. For goods procurement bid packages under ODA-funded projects, if donors agree, the model bidding easier issued together with this Circular may be used with modifications according to 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 organization of the Socialist Republic of Vietnam.

Article 2. Model goods procurement bidding dossier

The model goods procurement bidding dossier issued together with this Decision has the following principal contents:

Part I. Instructions for contractors

Chapter I. Requirements on bidding procedures

Chapter II. Bid data sheet

Chapter III. Evaluation criteria and determination of evaluation prices

Chapter IV. Bid forms

Part II. Requirements on supply Chapter V. Scope of supply Chapter VI. Schedule of supply

Chapter VII. Technical requirements

Part III. Contractual requirements Chapter VIII. General contractual terms Chapter IX. Specific contractual terms Chapter X. Model contract

When applying this model dossier, organizations and individuals that make bidding dossiers shall base themselves on the size 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 letter font are for instructive and illustrative purposes which may be concretized by makers of bidding dossiers based on the size and characteristics of each bid package. When necessary to make changes or additions to contents printed in regular letter 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 April 1, 2010, and replaces the Planning and Investment Ministry's Decision No. 1118/2008/QH-BKH of September 3, 2008, providing the model goods procurement bidding dossier.

2. Ministries, ministerial-level agencies, government-attached agencies, 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. Ministries, ministerial-level agencies, government-attached agencies, other central agencies, People's Committees at all levels and concerned organizations and individuals should report problems to the Ministry of Planning and Investment for timely consideration and settlement.-