Thông tư 08/2010/TT-BKH

CIRCULAR

DETAILING THE MAKING OF REPORTS ON APPRAISAL OF BIDDING RESULTS

THE MINISTRY OF PLANNING AND INVESTMENT

Pursuant to November 29, 2005 Bidding Law No. 61/2005/QHI1;
Pursuant to June 19, 2009 Law No. 38/2009/ QHI2 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 Investment and Planning;
The Ministry of Planning and Investment details the making of reports on appraisal of bidding results as follows:

Article 1. Scope of regulation and subjects of application

This Circular applies to agencies organizations and individuals responsible for appraising bidding results (below referred to a appraising agencies or organizations) applicable for consultancy service bid packages (for institutional contractors) and procurement and construction and installment bid packages under projects regulated by the Bidding Law when applying the form of domestic or international open or restricted bidding. For other forms of contractor selection, appraising agencies or organizations may amend and supplement a number of contents of this model report for suitable application.

Article 2. Requirements on appraising agencies or organizations

1. Appraising agencies or organizations shall exercise their rights and perform their obligations specified in Article 65 of the Bidding Law.

2. When conducting appraisal, appraising agencies or organizations shall base themselves on documents supplied by bid solicitors, reports on evaluation of bid dossiers made by groups of bidding experts or organizations or units directly evaluating bid dossiers (bidding consultancy or professional bidding organizations, etc.,), opinions of evaluators of bid dossiers and documents to ensure the truthfulness and objectivity in the appraisal of biding results. Appraisal does not mean re-evaluation of bid dossiers.

Article 3. Model report on appraisal of bidding results

The model report on appraisal of bidding results attached to this Circular (not printed herein) has the following principal details:

I. Brief information on projects and bid packages

II. Summary of the bidding process

III. Summarization of appraisal results

IV. Comments and recommendations Appendices

In this model report, words in italic are for instructive and illustrative purposes which may be specified by users based on the size and characteristics of bid packages. If wishing to make modifications or supplements in words in regular font size in this model, appraising agencies or organizations shall give written explanations and ensure compliance with the bidding law and take responsibility before law for such modifications or supplements.

Article 4. Organization of implementation

1. This Circular takes effect on June 15, 2010, and replaces the Planning and Investment Ministry's Decision No. 1068/2008/QD-BKH of August 15, 2008, promulgating the model report on appraisal of bidding results.

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. Ministries, ministerial-level agencies, government-attached agencies, other central 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.-