Circular No. 05/2010/TT-BKH dated February 10, 2010 of the Ministry of Planning and Investment detailing the making of goods procurement bidding dossiers
Article 1. Scope of regulation and subjects of application
1. This Circular applies to organizations and individual in charge of making bidding dossiers for procurement of goods (including spare parts, technical documents and accompanied technical
2. For goods procurement bid packages under ODA-funded projects, if donors agree, the model
Article 2. Model goods procurement bidding dossier
The model goods procurement bidding dossier issued together with this Decision has the following principal contents:
Part I. Instructions for contractors
Chapter I. Requirements on bidding procedures
Chapter II. Bid data sheet
Chapter III. Evaluation criteria and determination of evaluation prices
Chapter IV. Bid forms
Part II. Requirements on supply
Chapter V. Scope of supply
Chapter VI. Schedule of supply
Chapter VII. Technical requirements
Part III. Contractual requirements
Chapter VIII. General contractual terms
Chapter IX. Specific contractual terms
Chapter X. Model contract
When applying this model dossier, organizations and individuals that make bidding dossiers shall base themselves on the size and characteristics of bid packages to set requirements on the principles of fair competition, equality, transparency and economic efficiency; refrain from imposing conditions to restrict the participation of contractors or create advantages for one or several contractors, thus causing unfair competition.
In this model dossier, contents in italic letter font are for instructive and illustrative purposes which may be concretized by makers of bidding dossiers based on the size and characteristics of each bid package. When necessary to make changes or additions to contents printed in regular letter font, makers of bidding dossiers shall give written explanations and ensure compliance with the bidding law; investors shall take responsibility before law for those changes and additions.
Article 3. Organization of implementation
1. This Circular takes effect on April 1, 2010, and replaces the Planning and Investment Ministry's Decision No. 1118/2008/QH-BKH of September 3, 2008, providing the model goods procurement bidding dossier.
2. Ministries, ministerial-level agencies, government-attached agencies, central agencies, People's Committees at all levels and concerned organizations and individuals shall implement this Circular. Ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People's Committees shall, within the scope of their management, guide in detail some contents of this Circular (when necessary) while ensuring compliance with 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 to the Ministry of Planning and Investment for timely consideration and settlement.-
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