What are conditions for consideration for recommendation as the winning bidder for packages of the consulting service provision in Vietnam?

What are principles of adjustment to contract of bidders in Vietnam?

Hello Lawnet. My name is Hoang Luan. Currently, I am learning about legal regulations related to bidding law. While researching the regulations related to this issue, I had many unanswered questions. I want to ask the following question: What are principles of adjustment to contract of bidders in Vietnam? Thank you!

Answer:

Pursuant to Article 67 of the Law on Procurement in 2013 stipulating principles of adjustment to contract of bidders in Vietnam as follows:

1. Adjustment to contracts must be specified specifically in the written contract, written agreement on contractual conditions (if any).

2. Adjustment to contracts shall only apply within validity period of contract.

3. Adjustment to contract price shall only apply unit price contract, adjustable unit rate contract and time-based contract.

4. The adjusted contract sum shall not exceed package price or estimated budget already been approved. In case of projects, estimates on procurement including many packages, the adjusted contract sum shall not exceed the total investment, the estimated budget for procurement already been approved.

5. For contracts based on modifiable unit price, the adjustment of unit price shall be performed as from time of arising the elements causing changes of price and only be applied for the performed volume in accordance with the progress stated in contract or the adjusted progress as prescribed in Clause 6 and Clause 7 of this Article.

6. The contract time for performance shall be only adjusted in the following case:

a) In case of force majeure, not relating to any violation or mistake of parties in contract;

b) Changes of the work scope, design, measures for construction due to objective requirements affect to the contract time for performance;

c) Handing over of ground inconsistently with agreements in contract affect to the contract time for performance but cause is not fault of contractor.

7. In case of adjustment to the contract time for performance which do not prolong the progress of finishing project, contractual parties may agree and unify such adjustments. In case of adjustment to the contract time for performance which prolong the progress of finishing project, it must report to the competent person for consideration and decision.

What are conditions for consideration for recommendation as the winning bidder for packages of the consulting service provision in Vietnam?

Hello Lawnet. My name is Minh Nghia. Currently, I am learning about legal regulations related to bidding law. While researching the regulations related to this issue, I had many unanswered questions. I want to ask the following question: What are conditions for consideration for recommendation as the winning bidder for packages of the consulting service provision in Vietnam? Thank you!

Answer:

Pursuant to Article 42 of the Law on Procurement in 2013 stipulating conditions for consideration for recommendation as the winning bidder for packages of the consulting service provision in Vietnam as follows:

1. The consulting bidder being organization shall be considered for recommendation as the winning bidder upon satisfying the following conditions:

a) Having valid Bid and Proposal ;

b) Having Technical Proposal satisfying requirements;

c) Having bid price after the errors have been rectified and discrepancies have been adjusted, minus value of discount (if any) being lowest price for Least-Cost Selection; having the highest technical score for Fixed-Budget Selection and Quality-Base Selection; having the highest collective points for the Quality- and Cost-Based Selection;

d) Having the proposed successful bid not exceeding the approved package price. If the approved estimated budget of procurement is lower than or higher than the approved package price, this estimate shall replace package price as basis for consideration for recommendation as the winning bidder.

2. The consulting bidder being individual shall be considered for recommendation as the winning bidder upon satisfying the following conditions:

a) The bidder has the best dossier of scientific curriculum vitae, Technical Proposal (if any) and satisfying requirements of reference provisions;

b) The bidder has the proposed successful bid not exceeding the approved package price. If the approved estimated budget of procurement is lower than or higher than the approved package price, this estimate shall replace package price as basis for consideration for recommendation as the winning bidder.

3. For bidders fail to be selected, in notice of bidder-selection result must clearly state the reason thereof.

What are conditions for signing contract in bidding in Vietnam?

Hello Lawnet. My name is Hoang Luan. Currently, I am learning about legal regulations related to bidding law. While researching the regulations related to this issue, I had many unanswered questions. I want to ask the following question: What are conditions for signing contract in bidding in Vietnam? Thank you!

Answer:

Pursuant to Article 64 of the Law on Procurement in 2013 stipulating conditions for signing contract in bidding in Vietnam as follows:

1. At time of signing, the Bid or Proposal of the selected bidder is still valid.

2. At time of signing, the selected bidder must ensure to meet requirements on technical and financial capability for implementation of the package. In necessary case, the investor for a project, the Procuring Entity for recurrent procurement, the centralized procurement unit or unit with need of procurement for the centralized procurement may conduct verification of information on capability of bidder, if the bidder still satisfies requirements for performance of package, parties will sign contract.

3. The investor for a project, the Procuring Entity for recurrent procurement, the centralized procurement unit or unit with need of procurement for the centralized procurement must ensure conditions on funding for advance payment, payment funding, ground for implementation and other necessary conditions for carrying out the package on the schedule.

Best regards!