Circular No. 05/2010/TT-BKH detailing the procedures for preparing tender documents for procurement of goods

CIRCULAR

Detailed regulations on preparing tender documents for procurement of goods

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

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment No. 38/2009/QH12 dated June 19, 2009;

Pursuant to Decree No. 68/2012/NĐ-CP dated September 12, 2012 amending and supplementing certain provisions of Decree No. 85/2009/NĐ-CP dated October 15, 2009 of the Government guiding the implementation of the Law on Bidding and the selection of construction contractors under the Construction Law;

Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

The Ministry of Planning and Investment stipulates in detail the preparation of the Tender Document for procurement of goods as follows:

Article 1. Scope of Regulation and Applicability

1. The subjects to which this applies are organizations and individuals responsible for preparing tender documents for the procurement of goods (including spare parts, technical documentation, and accompanying technical services if applicable) of projects within the scope regulated by the Law on Bidding when implementing open bidding, restricted domestic bidding, and international bidding.

2. For packages of goods procurement under projects using ODA funds, if approved by the donor, they shall apply the Model Tender Document issued together with this Circular or may modify or supplement certain contents according to the bidding regulations stipulated in international treaties to which the Socialist Republic of Vietnam is a member or international agreements signed by competent authorities of the Socialist Republic of Vietnam.

Article 2. Model Tender Document for Procurement of Goods

The Model Tender Document for Procurement of Goods issued together with this Circular includes the following basic contents:

Part One. Instructions for Bidders

Chapter I. Requirements for Bidding Procedures

Chapter II. Bid Data Sheet

Chapter III. Evaluation Criteria and Content of Evaluation Price Determination

Chapter IV. Bid Forms

Part Two. Supply Requirements

Chapter V. Scope of Supply

Chapter VI. Supply Schedule

Chapter VII. Technical Requirements

Part Three. Contract Requirements

Chapter VIII. General Conditions of the Contract

Chapter IX. Specific Conditions of the Contract

Chapter X. Model Contract

When applying this Model, organizations and individuals preparing tender documents must base their requirements on the scale and nature of the tender package to ensure principles of competition, fairness, transparency, and economic efficiency; they shall not impose conditions that limit bidder participation or create advantages for one or several bidders leading to unfair competition.

In this Model, the words italicized indicate guiding and illustrative content that will be concretized by users based on the scale and nature of the tender package. If modifications or supplements are made to the printed part of this Model, organizations and individuals preparing tender documents must provide written explanations and ensure compliance with legal provisions on bidding; the project owner shall bear legal responsibility for the modified or supplemented content.

Article 3. Implementation Organization

1. This Circular takes effect from April 1, 2010. This Circular replaces Decision No. 1118/2008/QĐ-BKH dated September 3, 2008 of the Ministry of Planning and Investment promulgating the Model Tender Document for Procurement of Goods.

2. Ministries, ministerial-level agencies, government agencies, other central agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular.

Ministries, ministerial-level agencies, government agencies, other central agencies, and provincial People's Committees within their respective management scopes shall provide detailed guidance on certain contents of this Circular (if necessary) but must ensure compliance with the provisions of this Circular.

3. During implementation, if there are any difficulties, ministries, ministerial-level agencies, government agencies, other central agencies, People's Committees at all levels, and related organizations and individuals are requested to send their opinions to the Ministry of Planning and Investment for timely review and adjustment./.