Mr. Trai asked, on May 13, 2024, Circular No. 06/2024/TT-BKHĐT takes effect, does your agency have to re-submit the content of the contractor selection plan for this bid package?

According to Mr. Trai, referring to Point a, Clause 2, Article 12, Decree No. 24/2024/ND-CP dated February 27, 2024 of the Government detailing a number of articles and measures to implement the Law on Bidding on contractor selection: "a) In case of hiring a bidding consultant to perform one or several tasks in the contractor selection process, the cost of hiring a consultant is not based on the costs specified in Clauses 3, 4, 5, 6 and 7 of this Article;".

Mr. Trai asked, if a consultant is hired, the cost of preparing and appraising the contents in the contractor selection process is calculated according to which regulations?

Regarding this issue, the Ministry of Planning and Investment (now the Ministry of Finance) has the following comments:

According to the provisions of Clause 1, Article 30 of Circular No. 06/2024/TT-BKHĐT dated April 26, 2024 of the Minister of Planning and Investment, for bidding packages that have approved the contractor selection plan (the contractor selection plan has been posted or has not been posted on the System) before January 1, 2024, but by the effective date of this Circular, the invitation for expression of interest, pre-qualification invitation documents, bidding documents, and request documents have not been issued, the contractor selection plan must be approved to be adjusted to comply with the provisions of the Law on Bidding, Decree No. 24/2024/ND-CP and this Circular (if any).

Accordingly, the preparation of the contractor selection plan complies with the above provisions and is the responsibility of the competent person and the investor.

According to the provisions of Point a, Point b, Clause 2, Article 12 of Decree No. 24/2024/ND-CP, in case of hiring a bidding consultant to perform one or several tasks in the process of selecting a contractor, the cost of hiring a consultant is not based on the costs specified in Clauses 3, 4, 5, 6 and 7 of this Article.

Accordingly, in case of hiring a consultant to prepare and appraise the contents in the process of selecting a contractor, the construction of the bid package price for the bid package hiring a bidding consultant shall be implemented in accordance with the provisions of Article 16 of Decree No. 24/2024/ND-CP.