Circular 3/2015/tt-Bkhđt: Detailed Rules Established Construction Bid

Original Language Title: Thông tư 03/2015/TT-BKHĐT: Quy định chi tiết lập hồ sơ mời thầu xây lắp

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Number: 03 /2015/TT-BKHT
Hanoi, May 6, 2015


Rules for the construction of a construction contractor


The base of the bidding law. 43 /2013/QH13 November 26, 2013;

Base of Protocol 63 /2014/ND-CP June 26, 2014 of the Government rules the details of certain provisions of the bidding law on the selection of bidders;

Base of Protocol 116 /2008/NĐ-CP November 14, 2008 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment issued a regulatory detail detailing the construction of the construction bid.

What? 1. The adjustment range

1. This information specifies the details of the construction of the construction tender for the bid under the regulatory scope stipulated at Article 1 of the number of bids. 43 /2013/QH13 as follows:

a) Build a bid for building number 01 (Model 01) applies to a broad bidding bid, limited bid in the country with the method of selecting the contractor a period of a case file;

b) The tender tender for building number 2 (Model 02) applies to a wide tender bidding package, a limited bid in the country with the method of selecting a contractor a two-bag period.

2. For the widely organized construction bid in the country (NCB) under the ADB's official development support projects (ODA), the WB uses the NADB and WB-issued bids issued by the ADB and WB.

What? 2. Subject applies

This is applicable to the organization, individual participants, or related to the operation of the selection of the construction package contractor under the regulation of regulation in Article 1 of this Information.

What? 3. Apply Build Procurement Tender

1. The proposed bids for the installation of this message were built on the basis of the regulation of the Vietnamese bidding law, while also referencing regulations on the bid by the Asian Development Bank (ADB), the World Bank (WB) aimed at facilitalization. More favorable to the parties involved in the bid to choose the contractor, further strengthening the competitive, fair, transparent, and economic efficiency in the bidding.

2. For the construction packages using ODA capital, if approved by the sponsor, apply by Form 01 or Form 02 issued by this Notice or may be modified, adding a number of content under the regulation of bidding in the international convention, The international agreement between Vietnam and the sponsor.

3. For the case of international bidding, the scale base, the nature of the bid, the organization, the individual who does the filing of a bid to revise the regulation of language, currency, preferable, time in bidding and other relevant content for the appropriate appropriate. with the provisions of the number bidding law 43 /2013/QH13, Number Protocol 63 /2014/ND-CP.

4. For the small-scale construction package, the property base of the bid, the first case where the judge needs to apply the method of selecting the contractor a two-bag period is required to be approved by the competent authorities in the contractor selection plan. using the 2-issued Form attached to this message to set up a bid.

5. When setting up, appraisal, approx the tender tender tender, organization, the individual must apply the installation of an assembly tender to the installation of this message and base to the scale, the properties of each specific bid to make the appropriate requirements on the basis of the application. ensuring the principle of competition, fair, transparent, and economic efficiency; not to be introduced to the conditions to limit the participation of the contractor or to give advantage to one or some bidders that cause unequal competition. Do not edit the specified rules in the Procurement Bids for the Contractor and General Conditions of the contract; for other content that can be modified to match the scale, properties of the bid. If you have a correction of the rules, the organization, the individual who does the establishment, the appraisal, approx the tender to the bid to ensure that it is appropriate, scientifically, more closely than the specified rules in the Procurement Template. And not against the rule of the bidding law. In a proposal to approve the request for a bid to specify the editing content relative to the specified filing of the bid and the correct reason for the editing of the review, the decision.

6. For the bid to provide non-consulting services, the scale base and the properties of the bid can edit the regulation at the above-listed file templates to apply accordingly.

What? 4. Apply tax rules, fees, fees and fees

1. The bid price of the contractor must include the full amount of costs required to make the bid, which has a tax, fee, fee (if available). Taxes, fees, fees imposed on tax rates, fees, regulations prescribed at a time of 28 days prior to the date of the time of the bidding.

2. When entering the bid, the contractor is responsible for finding out, calculating and welcoming all taxes, fees, fees (if available) in the bid price. The case of the bids not to mention taxes, fees, fees, the bid price of the contractor is considered to have included full of taxes, fees, fees; in this case, if the contractor was in the bid, awarded the contract it was subject to all responsibility and execution. full obligations on taxes, fees, fees (if available) for the State. In the case of the bids, the contractor announces the bid price does not include taxes, fees, fees (if any) the contractor's bids will be eliminated.

What? 5. Construction costs, general category costs and spare cost of the project

1. The bid price must include the construction cost, the general category cost and the backup cost.

2. The backup cost includes: the cost of the sliding room reserve, the cost of the volume of mass birth and the cost of the backup for the (if available).

The determination of the cost of the contingenship follows the regulation of the specialized law in terms of the cost management of the work and the particular of the bid. The owner of the scale base, the nature, the time, the construction site of the bid and other related factors to decide the use of the backup cost but must ensure consistent with the regulation of the specialized law of public construction cost management. Yeah.

3. For the full-package contract, the contractor must calculate and allocate the cost of the reserve into the bid price; not separate the portion of the project costs the contractor has allocated in the bid price to review, evaluate in the process of evaluating the bids for the financing. It's the trade.

4. For a fixed-price contract and a contract in accordance with the adjusted price, when evaluating financial, commercial bids will not be considered, evaluated for comparison, ranking the contractor. The backup cost will be reprepared during the contract negotiation process. The bid price and the contract price must include the cost of the backup; the portion of the contingus is administered by the owner of the investment and is only used to pay for the contractor by regulation in the contract when it comes to being born.

The tender profile must explicitly specify the content and principles that use the cost of the project to serve as the basis for the bidder, the signing and implementation of the contract, which must specify a specific value by money or percentage (%) of the expected reserve expenses. the construction costs of the bid to bid bids. The contractor must salute the required reserve expenses of the bids.

What? 6. Contract

1. The tender profile must include the contract Form and the detailed regulation of the provisions, the clause of the contract to the contractor as a bid base and for the parties to be the basis of the negotiation, fining, signing the contract.

2. The contracting contract between the investment holder, the tender to the contractor with the contractor must comply with the Contract Form, the regulatory contract conditions in the filing of the tender and the corrections, added by the contractor, are approved by the owner in the negotiation process, to complete the contract but warranties not contrary to the rule of law on the bidding and other provisions of the relevant legislation.

What? 7. The organization performs

1. This message has been in effect since 1 July 2015. This information replaces the Digital. 01 /2010/TT-BKH January 6, 2010 of the Ministry of Planning and Investment stipulated details of the construction of the construction bid, Digital Information. 02 /2010/TT-BKH January 19, 2010 of the Department of Planning and Investment rules the details of a small-scale construction package bid.

2. The ministries, peer agencies, government facilities, other agencies in the Central Committee, the People ' s Committee of the Ministries And Organizations, the individual are involved in the responsibility of the practice. In the course of execution, if there is an entangrium, recommended by ministries, peer agencies, government agencies, other agencies in the Central Committee, the People's Committee, and the organization, the individual is concerned with the idea of the Ministry of Planning and Investment in time to follow the ./.