Negotiation and Completion of PPP Project Contract
Pursuant to Article 64 of Decree 35/2021/ND-CP, the content is stipulated as follows:
Based on the results of investor selection, the winning investor is invited to negotiate and finalize the contract. In case the investor does not come or refuses to negotiate and finalize the contract, the bid security of the investor will not be refunded, except for force majeure cases as prescribed by law.
The negotiation and finalization of the contract are based on the following:
a) Decision on approving the result of investor selection;
b) Bid evaluation report;
c) Bid documents and amended or clarified bid documents (if any) of the investor;
d) Invitation for bids and amended or clarified invitation for bids documents (if any).
The negotiation and finalization of the contract must not alter the basic contents of the bid documents.
Contents of negotiating and finalizing the contract:
a) Negotiation and finalization of details that are insufficiently detailed, unclear, or inconsistent between the invitation for bids and the bid documents, or inconsistencies among different contents in the bid documents that may lead to disputes or affect the responsibilities of the parties during the implementation of the contract;
b) Negotiation on errors that are not discrepancies, conditions, or omissions of basic contents in the bid documents and requesting the investor to provide necessary information or documents within a reasonable timeframe to correct such errors;
c) Negotiation on issues arising during the investor selection process (if any) with the objective of finalizing detailed contents of the project;
d) In addition to the contents stipulated in point a and point b of this clause, the bid solicitor shall report to the competent authority for decisions on other necessary negotiation and finalization contents suitable to the type of contract of the project.
The investor is not allowed to change, withdraw, or refuse to execute the basic contents proposed in the bid documents that have been evaluated by the bid solicitor as meeting the requirements of the invitation for bids, except for the changes proposed by the investor that bring higher efficiency for the project.
During the process of negotiating and finalizing the contract, the participating parties shall finalize the draft contract.
In case the negotiation and finalization of the contract are unsuccessful, the bid solicitor shall report to the competent authority to consider and decide on canceling the investor selection result and invite the next ranked investor to negotiate and finalize the contract. In case the negotiation and finalization of the contract with the investors on the short list and meeting the requirements of the invitation for bids are unsuccessful, the bid solicitor shall report to the competent authority to consider and decide on canceling the bidding according to the provisions at point a, clause 1, Article 34 of the PPP Law.
Respectfully!
