Circular No. 21/2010/TT-BKH of October 28, 2010, detailing the appraisal of bidding dossiers or dossiers of requirements

CIRCULAR

DETAILING THE APPRAISAL OF BIDDING DOSSIERS OR DOSSIERS OF REQUIREMENTS

Pursuant to November 29, 2005 Bidding Law No. 61/2005/QH11;
Pursuant to June 19, 2009 Law No. 38/2009/ QH12 of June 19, 2009, Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment
Pursuant to the Government’s Decree No. 85/ 2009/ND-CP of October 15, 2009, guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law;
Pursuant to the Government’s Decree No. 116/2008/ND-CP of November 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;
The Ministry of Planning and Investment details the appraisal of bidding dossiers or dossiers of requirements as follows:
Article 1. Scope of regulation
This Circular provides for the appraisal of bidding dossiers or dossiers of requirements for bid packages under procurement projects or plans governed by the Bidding Law.
Article 2. Subjects of application
This Circular applies to agencies. organizations and individuals in charge of appraising bidding dossiers or dossiers of requirements specified in Article 59 of Decree No. 85/2009/ND-CPincluding agencies, organizations and individuals assigned or consultancy contractors (organizations or individuals) selected under the bidding law to appraise bidding dossiers or dossiers of requirements (below referred to as appraising agencies and organizations).
Organizations involved in the making of bidding dossiers or dossiers of requirements arc not allowed to participate in appraising bidding dossiers or dossiers requirements under the same bid package.
Article 3. To-be-appraised contents
The to-be-appraised contents of a bidding dossier or dossier of requirements cover:
1. Documents used as grounds for the making of the biding dossier or dossier of requirements according to the bidding law and other relevant laws.
2. The adherence of the bidding dossier or dossier of requirements to the following principles:
a/ The bidding dossier or dossier of requirements must be made based on the model dossier issued by the Ministry of Planning and Investment (below referred to as the model dossier). In case the bidding dossier or dossier of requirements is made with some modifications lo the compulsory contents guided in the model dossier, the appraising agency or organization shall consider written explanations of the bid solicitor or consultant on the making of the bidding dossier or dossier of requirements (below referred to as the maker of the bidding dossier or dossier of requirements) so as to ensure compliance with the bidding law;
b/ The bidding dossier or dossier of requirements (for competitive offering) must not impose conditions to restrict the participation of contractors or create advantages for one or several contractors, thus leading to unfair competition:
c/ The bidding dossier or dossier of requirements must be compatible with the procurement project or plan, the approved bidding plan and the nature and requirements of the bid package.
3. The bidding dossier’s or dossier of requirements’ contents which are inadequate, unclear or inconsistent with the objective, scope and schedule of implementation of the procurement project or plan and contents of the bid package as stated in the bidding plan and the bidding law and other relevant laws.
4. Divergent opinions (if any) of the maker of the bidding dossier or dossier of requirements.
5. Other contents (if any).
Article 4. Requirements on appraising agencies’ or organizations’ staff members
Staff members of appraising agencies and organizations (including individual consultants) must satisfy the following conditions:
1. Having a certificate of training course in bidding;
2. Possessing professional qualifications related to the bid package concerned:
3. Having performed for at least 3 years the assigned job or at least 1 year, for those who are assigned to appraise bid packages to be implemented in remote, deep-lying or exceptional difficulty-stricken areas.
4. Possessing foreign language skills up to requirements for bid packages put up for international bidding.
5. Having not been involved in the making of bidding dossiers or dossiers of requirements under the same bid package.
Article 5. Process of appraising bidding dossiers or dossiers of requirements
1. The maker of a bidding dossier or dossier of requirements shall submit the dossier (normally 1 set) to the investor and, at the same time, send 1 copy of the dossier to the appraising agency or organization.
The dossier maker shall enclose the bidding dossier or dossier of requirements with relevant legal documents, including:
a/ Document approving the project or cost estimate (for regular procurement);
b/ Document approving the bidding plan or adjusted bidding plan (if any);
c/ Designing documents (the design approving document, if any) together with approved cost estimates (for construction and installation bid packages);
d/ Relevant legal documents (if any).
2. The appraising agency or organization shall make an appraisal report according to the model report on appraisal of bidding dossiers or dossiers of requirements issued together with this Circular (nor printed herein) and submit such report to the investor and, concurrently send it to the maker of the bidding dossier or dossier of requirements.
The appraising agency or organization shall enclose the appraisal report to the investor with the following documents:
a/ The appraising agency’s or organization’s document requesting the dossier maker to supplement documents or give explanations, when necessary:
b/ Supplementary documents and explanations of the dossier maker, if any:
c/ The meeting minutes of the appraisal agency or organization (if any);
d/ Divergent opinions of staff members of the appraisal agency or organization (if any).
3. The time limit for the appraisal of a bidding dossier or dossier of requirements is 20 days or 30 days for bid packages to be approved by the Prime Minister. The appraisal time limit shall be counted from the date the appraising agency or organization receives a complete dossier as prescribed in Clause 1 of this Article until the date it completes an appraisal report.
4. For bid packages put up for international bidding, if the bidding dossier or dossier of requirements is made in both Vietnamese and English, the appraisal shall be made based on the English version. The dossier maker shall take responsibility for the consistency between the English and Vietnamese versions.
5. Based on the appraisal agency or organization’s recommendations for modification of the bidding dossier or dossier of requirements, the investor shall consider and decide on the re- appraisal of the bidding dossier or dossier of requirements after such dossier is modified based on the first appraisal report. Re-appraisal shall follow the procedures prescribed in this Article.
Article 6. Model report on the appraisal of bidding dossiers or dossiers of requirements
The model report on appraisal of bidding dossiers or dossiers of requirements issued together with this Decision has the following principal contents:
I. Basic information
II. Summarization of appraisal results
III. Comments and recommendations.
In this model dossier, contents printed in italic arc for instructive and illustrative purposes which may be concretized by users based on the size and characteristics of each bid package. When necessary to modify or supplement contents printed in regular font, appraising agencies or organizations shall give written explanations, ensure compliance with the bidding law and take responsibility before law for those modifications.
Article 7. Organization of implementation
1. This Circular takes effect on December 15, 2010.
2. Ministries, ministerial-level agencies, government-attached agencies, other central agencies. People’s Committees at all levels and concerned organizations and individuals shall implement this Circular.
3. Ministries, ministerial-level agencies, government-attached agencies, other central agencies. People’s Committees at all levels and concerned organizations and individuals should report problems arising in the process of the implementation of this Circular to the Ministry of Planning and Investment for timely consideration and adjustment.-