Chapter II
TENDERING PLANS
Article 9. Bases for formulation of tendering plans
1. The bases for formulation of a tendering plan shall be the investment decision and the documents which served as the bases for the investment decision, the business registration certificate and the investment certificate. In the case of work being project preparation, the basis shall be the decision of the head of the body preparing the project.
2. In the case of projects funded by ODA the bases shall be international treaties or international agreements.
3. Approved design, and approved budget (if any).
4. Financing source for the project.
5. Other relevant legal documents (if any).
Article 10. Contents of each tender package set out in a tendering plan
Division of a project into different tender packages shall be implemented in accordance with article 6.4 of the Law on Tendering, ensuring that the scale of each tender package is not so small or large that it restricts the participation of tenderers. The contents of each tender package shall comprise:
1. Name of the tender package
The name of a tender package must express the nature, contents and scope of the work involved in the tender package, and must be consistent with the project contents. In a case where there are adequate conditions and grounds being the particular nature of the project, then the tender package may include items of work being preparation of the pre- feasibility study report, preparation of the feasibility study report and technical design. If a tender package contains a number of distinct [separate] sections (a number of lots), then the name of the tender package in the tendering plan must set out the name of each such section.
2. Tender package price
The tender package price (including contingencies) shall be based on the approved total level invested capital, total invested capital [and/or] estimated budget (if any) and current regulations. The tender package price of packages for consultancy services for preparation of the pre-feasibility study report [and/or] feasibility study report shall be fixed on the basis of the following information, namely the average price according to statistics on relevant projects already implemented in the same industry within a certain fixed period; the estimated total invested capital pursuant to the fixed investment rates of projects in each sector of the specialized branch; and the preliminary total invested capital.
3. Financing source
Each tender package must specify the financing source or the plan for arranging finance in order to make payment to contractors. ODA financed projects must specify the name of the donor and the financing structure (foreign or domestic).
4. Form of selection of contractor and form of tendering
Each tender package must specify the form of selection of contractor (domestic tendering or international tendering, and pre-qualification if any) in accordance with articles 18 to 24 inclusive of the Law on Tendering and article 97 of the Law on Construction, and must specify the form of tendering in accordance with article 26 of the Law on Tendering. The person making the investment decision must stipulate the following eventualities in the tendering plan: if it is necessary to apply prequalification of tenderers for tender packages other than those prescribed in article 32.1 of the Law on Tendering; if it is necessary to apply procedures for selection of a list of tenderers in order to invite their participation in tendering for consultants; and if it is necessary to select a consultant being an individual.
5. Time-limit for selection of contractor
The time-limit for holding selection of the contractor to implement the tender package must be specified in order to ensure the time schedule for implementation of the tender package.
6. Form of contract
Each tender package must specify the form of contract applicable, which shall depend on the nature of the package in accordance with articles 49 to 53 inclusive of the Law on Tendering and article 107 of the Law on Construction.
7. Scheduled time-limit for contractual performance
The scheduled time-limit for contractual performance must ensure that the tender package will be implemented in conformity with the schedule for the implementation of the project.
Article 11. Submission of the tendering plan for approval
1. Responsibility to submit the tendering plan for approval
The investor shall submit the tendering plan to the person who made the investment decision or the person delegated with authority to make such investment decision for his consideration and approval, and at the same time shall send it to the evaluating body or organization; in a case where thetendering plan must be submitted to the Prime Minister of the Government, the investor must alsosend it to the ministry managing the industry for the latter to provide its written opinion to the Prime Minister of the Government for his consideration and approval.
In the case of tender packages for consultancy services to be provided before there is an investment decision, the investor or the entity which is assigned the task of preparing the project must submit the tendering plan to the person heading such entity (i.e. the person who assigned the task) for his consideration and approval. In such case, the person heading the relevant entity must appoint a subsidiary unit to organize evaluation of the tendering plan before such person approves it.
2. Application file for approval
(a) A submission for approval of a tendering plan shall comprise the following documents:
- Works already performed including work relating to project preparation, specifying the value of the items completed and the legal basis for their implementation.
- Items of work for which it is not possible to apply one of the forms of selection stipulated in articles 18 to 24 inclusive of the Law on Tendering and in article 97 of the Law on Construction.
- Items of work in the tendering plan comprising work forming tender packages to be implemented by one of the forms of selection of contractor stipulated in articles 18 to 24 inclusive of the Law on Tendering and in article 97 of the Law on Construction, including bomb and mine sweeping, construction of resettlement zones, construction insurance and training.
The basis for dividing the project into tender packages must be specified. Each tender package must include all the contents stipulated in article 10 of this Decree.
If open tendering is not to be applied, the reasons for same must be specified.
The total value of the items of work already implemented and of items of work for which forms of selection of contractor are inapplicable, and items of work belonging to the tendering plan must not exceed the total invested capital of the project.
The contents stipulated in this clause must also be included in the submission for approval of a tendering plan for one or more tender packages to be implemented in advance as referred to in article 6.2 of the Law on Tendering.
(b) Documents to accompany the submission for approval of the tendering plan
The investor must also submit copies of the documents which served as the basis for formulating the tendering plan as stipulated in article 9 of this Decree.
Article 12. Evaluation and approval of the tendering plan
1. Evaluation of the tendering plan
(a) Evaluation of the tendering plan means conducting a review and assessing contents in accordance with articles 9 to 11 inclusive of this Decree.
(b) Evaluating bodies and organizations shall prepare a report on the results of their evaluation of the tendering plan in compliance with article 65 of the Law on Tendering and submit such report for approval to the person making the investment decision.
2. Approval of the tendering plan
The person making the investment decision or the person delegated with authority to make such investment decision shall approve the tendering plan within a time-limit not to exceed ten (10) days from the date of receipt of the report from the evaluating body or organization. For any tendering plan within the approval authority of the Prime Minister of the Government, this process shall be implemented in accordance with the working rules of the Government.
Tìm kiếm
Nghị định 58/2008/NĐ-CP (Bản Word)