Circular No. 15/2010/TT-BKH detailing the preparation of the Bid Evaluation Report for consultancy service contracts

CIRCULAR

Regulations on the preparation of the Bid Evaluation Report for consulting service contracts

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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/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 shall provide detailed regulations on the preparation of the Bid Evaluation Report for consulting service contracts as follows:

Article 1. Scope of Regulation

1. This Circular applies to consulting service contracts of projects within the scope of application of the Bidding Law when implementing open bidding, restricted bidding domestically and internationally to select consulting contractors that are organizations.

2. For consulting service contracts of projects using ODA funds, if approved by the donor, they may apply the Bid Evaluation Report model for consulting service contracts 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 party or international agreements concluded by authorized agencies or organizations of the Socialist Republic of Vietnam.

Article 2. Applicability

The subjects to whom this Circular applies are bidding expert teams or organizations directly responsible for evaluating bid documents for consulting service contracts, including tendering consultants, professional tendering organizations, etc. (hereinafter referred to as bidding expert teams).

Article 3. Model Bid Evaluation Report for Consulting Service Contracts

The Model Bid Evaluation Report for Consulting Service Contracts issued together with this Circular includes the following basic contents:

I. Basic Information

1. General introduction to the project and the contract

2. Bidding expert team

3. Methodology for evaluating bid documents

4. Summary of the bidding process

II. Preliminary Evaluation Results

III. Detailed Evaluation Results

1. Technical evaluation

2. Financial evaluation

3. Comprehensive evaluation

IV. Contract negotiations

V. Conclusions and recommendations

VI. Signature confirmation of members of the bidding expert team

VII. Appendices.

When applying this Model, the bidding expert team bases their work on the tender documents, bid documents, clarification requests for tender documents, clarification requests for bid documents, opinions of direct participants in the bid evaluation, and related materials to ensure the truthfulness, objectivity, and transparency of the bidding results.

Based on the bid evaluation report of the bidding expert team, the tenderer has the responsibility to submit the bidding results for the consideration and decision of the project owner. The person submitting the bidding results shall not 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 documents. When preparing the bid evaluation report, the report content must be filled with complete information; in cases where there is no information or incomplete information, it must be clearly noted. If modifications or supplements are made to the printed part of this Model, the bidding expert team must ensure compliance with legal provisions on bidding and bear responsibility for the modified or supplemented content.

Article 4. Organization of Implementation

1. This Circular takes effect from September 1, 2010.

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 any difficulties arise, please send comments to the Ministry of Planning and Investment for timely review and adjustment./.