✦ 智能摘要
Circular No. 08/2010/TT-BKHĐT provides detailed guidelines on how to prepare tender result evaluation reports for consultancy service contracts, procurement of goods, and construction works within the scope of the Bidding Law. This Circular applies to agencies, organizations, and individuals responsible for evaluating tender results.
适用范围
Agencies, organizations, and individuals responsible for evaluating tender results for consultancy service contracts, procurement of goods, and construction works within the scope of the Bidding Law.
要点
- are agencies, organizations, and individuals responsible for evaluating tender results for consultancy service contracts, procurement of goods, and construction works within the scope of the Bidding Law.
- The evaluation agency/organization shall perform its rights and obligations as stipulated in Article 65 of the Bidding Law when conducting the evaluation of tender results.
- When conducting evaluations, the evaluation agency/organization must base their assessment on materials provided by the tender inviter, the bid evaluation report, and the opinions of each member directly involved in the bid evaluation process to ensure honesty and objectivity.
- The Model Tender Result Evaluation Report issued together with this Circular includes basic contents such as an overview of the project, a summary of the bidding process, a synthesis of the evaluation results, and comments and recommendations.
- This Circular takes effect from June 15, 2010, and replaces Decision No. 1068/2008/QĐ-BKH of the Ministry of Planning and Investment.
🌐 本文件的社会影响
- Positive impact: Helps improve the quality of tender result evaluations, ensuring honesty and objectivity during this process.
- Negative impact: May increase the workload for agencies and organizations responsible for evaluating tender results.
❓ 常见问题
Which agencies/organizations are responsible for evaluating tender results?
Agencies, organizations, and individuals responsible for evaluating tender results for consultancy service contracts, procurement of goods, and construction works within the scope of the Bidding Law.
What contents does the Model Tender Result Evaluation Report include?
The Model Tender Result Evaluation Report includes basic contents such as an overview of the project, a summary of the bidding process, a synthesis of the evaluation results, and comments and recommendations.
How can the evaluation agency/organization modify the Model Tender Result Evaluation Report?
In necessary cases, the evaluation agency/organization may amend or supplement the printed part of this Model but must provide a written explanation and ensure compliance with the legal provisions on bidding.
When does this Circular take effect?
This Circular takes effect from June 15, 2010, and replaces Decision No. 1068/2008/QĐ-BKH of the Ministry of Planning and Investment.
Which agency is responsible for implementing this Circular?
Ministries, ministerial-level agencies, government agencies, central-level agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular.
全文
CIRCULAR
Detailed regulations on the preparation of reports for the review of tender results
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;
Based on 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 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 provides detailed regulations on the preparation of the Report for the Review of Tender Results as follows:
Article 1. Scope of Regulation and Applicability
The subjects to which this applies are agencies, organizations, and individuals responsible for reviewing tender results (referred to as the reviewing agency/organization) for consultancy service packages (where the contractor is an organization), procurement of goods, construction works of projects within the scope regulated by the Law on Bidding when implementing open bidding, restricted bidding domestically and internationally. For other forms of contractor selection, the reviewing agency/organization may modify and supplement certain contents of this Model to apply appropriately.
Article 2. Requirements for the reviewing agency/organization
1. The reviewing agency/organization shall perform rights and obligations as prescribed in Article 65 of the Law on Bidding.
2. When conducting the review, the reviewing agency/organization must base their work on documents provided by the tender inviter, the report evaluating tender documents from the bidding expert team or the organization/unit directly responsible for evaluating tender documents (consulting bidding, professional bidding organizations, etc.), opinions of each member directly involved in evaluating tender documents, and related documents to ensure the authenticity and objectivity in the review of tender results. The review is not a re-evaluation of tender documents.
Article 3. Model of the Report for the Review of Tender Results
The Model of the Report for the Review of Tender Results issued along with this Circular includes the following basic contents:
I. Overview of the project, tender package
II. Summary of the bidding process
III. Summary of the review results
IV. Comments and recommendations
Appendix
In this Model, texts 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, the reviewing agency/organization must provide a written explanation and ensure compliance with legal provisions on bidding; the reviewing agency/organization shall bear legal responsibility for the modified and supplemented content.
Article 4. Organization of Implementation
This Circular takes effect from June 15, 2010, and replaces Decision No. 1068/2008/QĐ-BKH dated August 15, 2008 of the Ministry of Planning and Investment promulgating the Model of the Report for the Review of Tender Results.
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-affiliated agencies, central-level agencies, 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 its provisions.
3. During the implementation period, if there are any difficulties, please send comments to the Ministry of Planning and Investment for timely consideration and adjustment by relevant ministries, ministerial-level agencies, government-affiliated agencies, central-level agencies, People's Committees at all levels, and related organizations and individuals./.
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关系图
↑ 依据及影响本文件的文件
依据 4
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
已失效
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
已失效
38/2009/QH12
Nghị quyết số 38/2009/QH12 Về phân bổ ngân sách trung ương năm 2010
已失效
61/2005/QH11
Luật Đấu thầu số 61/2005/QH11
已失效
08/2010/TT-BKHĐT
Circular No. 08/2010/TT-BKHĐT detailing the preparation of tender result evaluation reports
Expired
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