CIRCULAR
DETAILING COMPETITIVE OFFERING
THE MINISTRY OF PLANNING AND INVESTMENT
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Pursuant to November 29, 2005 Bidding Law No. 61/2005/QH11 Pursuant to the Government 's Decree No. 85/ 2009/ND-CP of October 15, 2009. Pursuant to the Government's Decree No. 116/2008/ND-CP of November 14, 2008. The Ministry of Planning and Investment details competitive offering as follows;
Scope of regulation
The form of competitive offering may be applied to commodity procurement bid packages under projects specified in Article I of the Bidding Law when the following conditions are fully met:
- The bid package is valued at under VND 2 billion:
- Offered commodities are common ones (widely used and with reliable and stable sources of supply) available in the market (goods can be delivered upon request without requiring placement of design, processing, manufacture or production orders), with standardized technical properties (under Vietnam's standards, in-house standards, international standards or foreign standards) and equivalent in quality (commodities are replaceable because they have the same technical properties, utilities or
Subjects of application
Model dossiers of requirements on competitive offering
1. Model dossiers of requirements on competitive offering issued together with this Circular apply to domestic competitive offering. In case of applying the form of international competitive offering, these model dossiers may be used with modifications to suit reality.
2. For commodity procurement bid packages under ODA-funded projects, if donors agree, model dossiers issued together with this Circular may be used with modifications in accordance with bidding provisions in treaties to which the Socialist Republic of Vietnam is a contracting party or international agreements which have been signed by competent agencies or organizations of the Socialist Republic of Vietnam.
3. Model dossiers of requirements on competitive offering issued together with this Decision include:
- A model dossier of requirements on competitive offering (Model A) applicable to bid packages valued at between VND 500 million and under 2 billion;
- A model abridged dossier of requirements on competitive offering (Model B) applicable to bid packages valued at under VND 500 million
In these model dossiers, the contents in italic are for instructive and illustrative purposes which may be concretized by dossier makers to suit the size and characteristics of each bid package. When necessary to make changes or additions to the contents printed in regular font, dossier makers shall give written explanations and ensure compliance with the bidding law; investors shall take responsibility before law for those changes and additions.
Organization of implementation
1. This Circular takes effect on August 1, 2010.
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.
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 course of implementation to the Ministry of Planning and Investment for timely consideration and settlement.-
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| MINISTER OF PLANNING AND INVESTMENT |
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