✦ Smart summary
Circular No. 06/2010/TT-BKH provides detailed regulations on tender documents for consulting services for projects within the scope of the Bidding Law. This Circular applies to organizations and individuals responsible for preparing tender documents and provides specific guidance on the contents of model tender documents.
Scope of application
Organizations and individuals responsible for preparing tender documents for consulting service contracts of projects within the scope of the Bidding Law.
Key points
- are organizations and individuals responsible for preparing tender documents for consulting service contracts of projects within the scope of the Bidding Law when implementing open bidding, restricted domestic bidding, and international bidding.
- The model tender document for consulting services includes five parts: Instructions to Bidders, Technical Proposal Form, Financial Proposal Form, Reference Terms, and Contract Requirements.
- In the model tender document, italicized text is guidance and illustrative content that needs to be specified based on the scale and nature of the contract package.
- This Circular takes effect from May 1, 2010, and replaces Decision No. 1048/2008/QĐ-BKH.
- Ministries, ministerial-level agencies, government-affiliated agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular.
🌐 Social impact of this document
- Positive impact: Helps ensure transparency and fairness in the selection process for consulting service contractors.
- Negative impact: May impose additional administrative burdens on organizations and individuals preparing tender documents.
❓ Frequently asked questions
What parts does the model tender document for consulting services include?
The model tender document for consulting services includes five parts: Instructions to Bidders, Technical Proposal Form, Financial Proposal Form, Reference Terms, and Contract Requirements.
What is the significance of italicized text in the model tender document?
Italicized text is guidance and illustrative content that needs to be specified based on the scale and nature of the contract package.
How does this Circular apply to projects using ODA funds?
For consulting service contract packages of projects using ODA funds, if approved by the donor, they may follow the model tender document issued with this Circular or modify and supplement certain contents.
When does this Circular take effect?
This Circular takes effect from May 1, 2010.
What responsibilities do ministries, ministerial-level agencies, and government-affiliated agencies have under this Circular?
Ministries, ministerial-level agencies, and government-affiliated agencies are responsible for implementing this Circular and providing detailed guidance on certain aspects of this Circular if necessary.
Full text
CIRCULAR
Detailed regulations on preparing tender documents for consultancy services
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/NĐ-CP dated November 14, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment,
The Ministry of Planning and Investment provides detailed regulations on preparing tender documents for consultancy services 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 consultancy service packages under the scope regulated by the Bidding Law when implementing open bidding, selective bidding within the country and internationally to select consultancy contractors that are organizations.
2. For consultancy service packages of projects using ODA funds, if approved by the donor, they shall apply the Model Tender Documents issued together with this Circular or may modify or supplement certain contents according to the bidding provisions 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 Documents for Consultancy Services
The Model Tender Documents for Consultancy Services issued together with this Circular include the following basic contents:
Part One. Instructions for Contractors
Chapter I. Requirements for Bidding Procedures
Chapter II. Tender Data Sheet
Chapter III. Evaluation Criteria
Part Two. Technical Proposal Form
Part Three. Financial Proposal Form
Part Four. Reference Clauses
Part Five. Contract Requirements
Chapter IV. General Conditions of the Contract
Chapter V. Specific Conditions of the Contract
Chapter VI. Model Contract
When applying this Model, organizations and individuals preparing tender documents base their requirements on the scale and nature of the package, ensuring principles of competition, fairness, transparency, and economic efficiency; they must not set conditions that limit contractor participation or create advantages for one or several contractors causing unequal competition.
In this Model, the characters italicized indicate guiding and illustrative content that will be concretized by users based on the scale and nature of the 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 must bear legal responsibility for the modified or supplemented content.
Article 3. Implementation Organization
1. This Circular takes effect from May 1, 2010. This Circular replaces Decision No. 1048/2008/QĐ-BKH dated August 11, 2008 of the Ministry of Planning and Investment promulgating the Model Tender Documents for Consultancy Services.
2. Ministries, ministerial-level agencies, government-affiliated agencies, central-level agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular.
Ministries, ministerial-level agencies, government-affiliated agencies, central-level agencies, provincial-level People's Committees within their management scope shall provide detailed guidance on some contents of this Circular (if necessary) but must ensure compliance with the provisions of this Circular.
3. During implementation, if there are difficulties, ministries, ministerial-level agencies, government-affiliated agencies, central-level 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./.
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↑ Basis & documents that affect this document
Based on 4
85/2009/NĐ-CP
Nghị định số 85/2009/NĐ-CP Hướng dẫn thi hành Luật Đấu thầu và lựa chọn nhà thầu xây dựng theo Luật Xây dựng
Expired
38/2009/QH12
Nghị quyết số 38/2009/QH12 Về phân bổ ngân sách trung ương năm 2010
Expired
61/2005/QH11
Luật Đấu thầu số 61/2005/QH11
Expired
116/2008/NĐ-CP
Nghị định số 116/2008/NĐ-CP Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Kế hoạch và Đầu tư
Expired
06/2010/TT-BKH
Circular No. 06/2010/TT-BKH on detailed regulations for tender documents for consulting services
Expired
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