Circular No. 09/2010/TT-BKHĐT detailing the preparation of tender evaluation reports for procurement packages of goods and construction works.

Article 1. Scope of Regulation and Applicability

1. The subjects to which this applies include tender evaluation teams or organizations, units directly responsible for evaluating tender documents, including tender consulting firms, professional tender organizations, etc. (hereinafter referred to as tender evaluation teams) for procurement packages of goods and construction works of projects within the scope regulated by the Bidding Law when implementing open bidding, restricted domestic bidding, and international bidding.

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

Article 2. Model Tender Evaluation Report for Procurement Packages of Goods and Construction Works

The Model Tender Evaluation Report for Procurement Packages of Goods and Construction Works issued together with this Circular includes the following basic contents:

I. Basic Information

II. Summary of the Bidding Process

III. Results of Evaluating Tender Documents

IV. Conclusions and Recommendations

V. Confirmation Signatures of Members of the Tender Evaluation Team.

Appendix.

When applying this Model, organizations and individuals preparing the tender evaluation report must base it on the tender invitation documents, tender documents, request documents and explanations clarifying the tender invitation documents, request documents and explanations clarifying the tender documents, opinions of members directly involved in evaluating tender documents, and related materials to ensure the truthfulness, objectivity, and transparency of the bidding results.

Based on the tender evaluation report of the tender evaluation team, the tender inviter has the responsibility to submit the bidding results for the investor's review and decision. The person submitting the bidding results cannot be the same person who approves the bidding results.

In this Model, the characters italicized indicate suggestive and guiding content that will be concretized based on the requirements of the tender invitation documents. When preparing the tender evaluation report, the report content needs to be filled with complete information; in cases where there is no information or incomplete information, it must also be clearly noted. If modifications or supplements are made to the printed part of this Model, organizations and individuals preparing the tender evaluation report must ensure compliance with legal provisions on bidding; the investor must bear legal responsibility for the modified or supplemented content.

Article 3. Implementation Organization

1. This Circular takes effect from June 15, 2010. This Circular replaces Decision No. 1121/2008/QĐ-BKH dated September 3, 2008 of the Ministry of Planning and Investment promulgating the Model Tender Evaluation Report for procurement packages of goods and construction works.

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.

3. During implementation, if there are any difficulties, please send comments to the Ministry of Planning and Investment for timely consideration and adjustment.