Costs for Evaluating Expressions of Interest During the Contractor Selection Process

How are the costs for evaluating the applications during the bidding process?

What are the costs for evaluating the applications during the bidding process? Looking forward to an early response to the above query.

Response:

At Clause 3, Article 9 of Decree 63/2014/ND-CP guiding the Law on Bidding for selecting contractors, it is stipulated:

Cost of preparing and appraising the bidding documents and request dossiers:

a) The cost of preparing bidding documents or request dossiers is 0.1% of the package price but not less than 1,000,000 VND and not more than 50,000,000 VND;

b) The cost of appraising bidding documents or request dossiers is 0.05% of the package price but not less than 1,000,000 VND and not more than 50,000,000 VND.

Thus, according to the above regulations, the cost of preparing bidding documents during the selection of contractors is 0.1% of the package price but not less than 1 million VND and not more than 50 million VND.

Is there a minimum and maximum cost for preparing prequalification invitations in contractor selection?

Question: According to current legal regulations, is there a stipulated minimum and maximum cost for preparing prequalification invitations in contractor selection? Looking forward to an early response.

Response:

At Clause 2, Article 9 of Decree 63/2014/ND-CP guiding the Law on Bidding for selecting contractors, it is stipulated:

Cost of preparing and appraising the invitation to express interest and prequalification invitations:

- The cost of preparing the invitation to express interest and prequalification invitations is 0.05% of the package price but not less than 1,000,000 VND and not more than 30,000,000 VND;

- The cost of appraising the invitation to express interest and prequalification invitations is 0.03% of the package price but not less than 1,000,000 VND and not more than 30,000,000 VND.

Thus, according to the above regulations, the cost of preparing prequalification invitations is calculated as a percentage of the package price. But not less than 1 million and not more than 30 million.

How to handle unsuccessful contract negotiations with a contractor?

According to current regulations, how to handle the situation when contract negotiations with a contractor are unsuccessful?

Response:

At Clause 6, Article 19 of Decree 63/2014/ND-CP it is stipulated: In case of unsuccessful negotiations, the bid solicitor shall report to the investor for consideration and decision on inviting the next-ranked contractor for negotiation; if negotiations with the next-ranked contractors are also unsuccessful, the bid solicitor shall report to the investor for consideration and decision to cancel the bidding according to the provisions of Clause 1, Article 17 of the Law on Bidding.

Thus, in principle, the first-ranked contractor is invited for contract negotiation. However, if the negotiation is unsuccessful, the bid solicitor will:

Report to the investor for consideration and decision on inviting the next-ranked contractor for negotiation;

In case of unsuccessful negotiations with the next-ranked contractors, the bid solicitor shall report to the investor for consideration and decision to cancel the bidding.

Sincerely!