Mr. Tong Ngoc Thuong (in Bac Kan Province) asked, 2 bidding packages formulating outlines and cost estimates for the project of delimiting prohibited areas, temporarily banning mineral activities and bidding packages for delimiting prohibited areas, temporarily banned from operation. Are minerals specified in Clause 8 and Clause 9, Article 4 of the Bidding Law? In implementation of Clause 5, Article 28 of the Law on Minerals, the People's Committee of the province has to delineate areas where mineral activities are prohibited or temporarily prohibited. Mr. Thuong must carry out 2 bidding packages: - Package 1: Bidding package sets up a project outline and cost estimate for a project to delimit areas where mineral activities are prohibited or temporarily prohibited;
- Package 2: Bidding package for delineation of areas where mineral activities are prohibited or temporarily banned.
Mr. Thuong asked, are the 2 bidding packages mentioned above in the provisions of Clauses 8 and 9, Article 4 of the Bidding Law?
The Ministry of Planning and Investment responded to this issue as follows:
Clause 9, Clause 8, Article 4 of the Bidding Law stipulates that consulting services are one or a number of activities, including:
- Making and evaluating planning reports, general architectural and development plans;
- Survey, prepare pre-feasibility study report, feasibility study report, environmental impact assessment report;
- Survey, design, estimate;
- Prepare EOI request, invitation for prequalification, invitation for bid, request for proposals;
- Evaluation of EOI responses, prequalification applications, bids, proposals;
- Examination and appraisal;
- Project management;
- Financial arrangements;
- Technology transfer training;
- Other consulting services;
- Non-consulting service is one or several activities including: Logistics, insurance, advertising, installation not specified in Clause 45 of this Article, commissioning, training, maintenance and., mapping and other activities other than consulting services specified in Clause 8 of this Article.
Accordingly, package 1 is the bidding package for the provision of consulting services according to the above regulations.
Determining whether the remaining bidding package is the provision of non-consulting or consulting services should be based on the scale, scope and nature of the work of the bidding package on the basis of the stated regulations.