Circular No. 14/2016/TT-BKHĐT detailing the preparation of tender documents for non-advisory services

CIRCULAR

Detailed regulations on preparing tender documents for non-consulting services

Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;

Pursuant to Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing certain provisions of the Law on Procurement regarding the selection of contractors;

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;

Article 1. Amending and supplementing certain provisions of Circular No. 02/2024/TT-BKHĐT

The Minister of Planning and Investment issues this Circular detailing the preparation of tender documents for non-consulting service contracts as follows:

Article 1. Scope of Regulation

This Circular guides the preparation of tender documents for non-consulting service contracts with a contract value not exceeding VND 10 billion (small-scale contracts) within the scope regulated by the Law on Bidding No. 43/2013/QH13. The model tender documents for non-consulting services issued together with this Circular apply to open bidding or selective bidding under a single-stage single-envelope procedure.

Article 2. Applicability

Article 1. This Circular applies to organizations and individuals participating in or related to the selection of contractors within the scope regulated by Article 1 of this Circular.

Article 2. It is encouraged to apply this Circular to organizations and individuals whose activities in selecting contractors fall outside the scope regulated by Article 1 of this Circular.

3. Áp dụng Mẫu hồ sơ mời thầu dịch vụ phi tư vấn

Clause 1. Non-consulting services include: logistics, insurance; advertising; training organization, trial operation acceptance; map surveying; printing; funeral services; cleaning; building management and operation; accounting; communication; public transportation; planting and managing greenery; water supply and drainage; power supply and lighting; waste collection, sorting, and treatment; photography; packaging; photocopying, and other activities that are not consulting services as defined in Clause 8, Article 4 of the Law on Bidding No. 43/2013/QH13.

Clause 2. For non-consulting service contracts funded by ODA, if approved by the donors, they may apply this Model or make modifications and supplements to certain contents according to the bidding regulations stipulated in international treaties and agreements between Vietnam and the donor.

Clause 3. In cases of international bidding, based on the scale and nature of the contract, the organization or individual responsible for preparing the tender documents must adjust the provisions regarding bid prices, languages, currencies, preferences, timeframes in the bidding process, and other relevant contents to comply with the Law on Bidding No. 43/2013/QH13 and Decree No. 63/2014/NĐ-CP.

Clause 4. For non-consulting service contracts with a contract value greater than VND 10 billion or contracts with a value less than VND 10 billion but using a two-envelope procedure, adjustments should be made to the provisions in this Model tender document to comply with the Law on Bidding No. 43/2013/QH13 and Decree No. 63/2014/NĐ-CP.

Clause 5. Guidelines for applying the Model tender document for non-consulting services: When applying the Model tender document for non-consulting services, it is necessary to base the requirements on the scale, nature, and specific conditions of the contract to ensure principles of competition, fairness, transparency, and economic efficiency; no conditions shall be set that limit the participation of contractors or create advantages for one or several contractors causing unfair competition. If there are modifications to the provisions stated in the Model tender document, the organization or individual responsible for preparing, reviewing, and approving the tender document must ensure that such modifications are more appropriate, scientific, and rigorous compared to the provisions in the Model tender document and do not contravene the bidding laws. In the proposal requesting approval of the tender document, the contents modified from the Model tender document and the reasons for modification must be clearly stated for the investor's consideration and decision. The Model tender document includes the following contents:

Chapter I. Bidder Guidelines

This chapter provides information to assist bidders in preparing tender documents. The contents of this chapter are generally applicable without modification.

Chapter II. Tender Data Sheet

Depending on the scale and nature of each tender package, detailed and specific information will be presented according to corresponding sections in accordance with Chapter I.

Chapter III. Criteria for Evaluating Tender Documents

This chapter includes criteria for evaluating tender documents regarding capacity, experience, technical expertise, and financial-commercial aspects. Based on the scale and nature of each tender package, the establishment of evaluation criteria must ensure scientific, clear, specific, and appropriate alignment with the requirements for implementing the tender package as outlined in the Notes Section.

Chapter IV. Bid Forms

This chapter contains forms that bidders must complete to become part of the tender document content. Generally, these provisions are used without modification.

Chapter V. Requirements for Scope of Supply

This chapter includes content on the scope of the tender package, implementation plans, and technical requirements. Depending on the scale and nature of the tender package, a detailed description of the scope, implementation plan should be made appropriately, and technical requirements should focus on output products, avoiding unnecessary requirements that limit bidder participation or create unfair competition.

Chapter VI. General Contract Conditions

This chapter includes general terms applicable to all contracts of different tender packages. For simple non-advisory service tenders (tenders with low value, short execution time, works not requiring deep specialization, not highly technical...) fixed-price contracts must be applied. When applying fixed-price contracts, bidders must calculate and allocate contingency costs within the bid price; contingency costs allocated by the bidder within the bid price shall not be separately considered or evaluated during the financial-commercial evaluation of tender documents.
In cases where non-advisory service tenders are not common or simple, or have long-term implementation periods over several years, making the application of fixed-price contracts ineffective, fixed unit price contracts, adjustable unit price contracts, or combinations of various types of contracts may be applied. During the financial-commercial evaluation of tender documents, contingency costs will not be considered or evaluated for comparison and ranking of bidders. Contingency costs will be accurately recalculated during contract negotiations. The winning bid price and contract price must include contingency costs; this portion of contingency costs shall be managed by the project owner and only used to pay the bidder according to the contract provisions when there are changes.

The tender invitation document must clearly specify the content and principles for using contingency costs as a basis for bidders to submit bids, sign, and implement contracts, including specifying the specific monetary value or percentage (%) of contingency costs based on the service cost of the tender package for bidders to quote. Bidders must quote contingency costs in accordance with the requirements of the tender invitation document.

Chapter VII. Specific Conditions of the Contract.

This Chapter specifies the contents of Chapter VI when applied to each tender package to provide necessary information to complete the contract and ensure its feasibility for signing and implementation.

Chapter VIII. Contract Forms.

This Chapter includes forms that bidders must complete to be part of the contract.

Appendix. Examples of Technical Evaluation Standards and Technical Requirements Based on Outputs.

This Appendix provides examples of technical evaluation standards using scoring methods, pass/fail criteria; examples of technical requirements based on output quality, and examples of Contract Annexes for payment deductions.

Article 4. Organization of Implementation

a) In case the vehicle owner has purchased the fourth quarter 2016 ticket according to Circular No. 125/2015/TT-BTC, they may continue to use it until the end of the quarter.

Article 2. Ministries, ministerial-level agencies, central agencies under the Government, other central agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular. In the course of implementation, if there are difficulties, they are requested to send their opinions to the Ministry of Planning and Investment for timely guidance./.