What are regulations on the maximum expenses incurred by the composition and evaluation of the Request for EOI and Prequalification in Vietnam?
What are regulations on the maximum expenses incurred by the composition and evaluation of the Request for EOI and Prequalification in Vietnam? Can the next bidder replace the winning bidder to sign the contract if the winning bidder does not meet the conditions for implementing the bidding package in Vietnam? Can the owner request the contractor to provide a fire prevention and fighting capacity file in Vietnam?
What are regulations on the maximum expenses incurred by the composition and evaluation of the Request for EOI and Prequalification in Vietnam?
I have a question. What are regulations on the maximum expenses incurred by the composition and evaluation of the Request for EOI and Prequalification in Vietnam?
Answer:
Pursuant to Clause 2 Article 9 of the Decree 63/2014/NĐ-CP stipulating expenses incurred during the selection of contractors as follows:
Expenses incurred by the composition and evaluation of the Request for EOI and Prequalification:
- Expenses incurred by the composition of the Request for EOI and Prequalification account for 0.05% of the bid price but are identified at the minimum price of VND 1,000,000 and the maximum price of VND 30,000,000;
- Expenses incurred by the evaluation of the Request for EOI and Prequalification account for 0.03% of the bid price but are identified at the minimum price of VND 1,000,000 and the maximum price of VND 30,000,000;
As regulations above, the maximum expenses incurred by the composition and evaluation of the Request for EOI and Prequalification in Vietnam is not more than 30,000,000 VND.
What are regulations on the maximum expenses incurred by the composition and evaluation of the Request for EOI and Prequalification in Vietnam? - Source: Internet
Can the next bidder replace the winning bidder to sign the contract if the winning bidder does not meet the conditions for implementing the bidding package in Vietnam?
Can the next bidder replace the winning bidder to sign the contract if the winning bidder does not meet the conditions for implementing the bidding package in Vietnam? Shall the bidding be canceled or re-launched from the beginning?
Answer:
Pursuant to Clause 3 Article 117 of the Decree 63/2014/NĐ-CP stipulating handling of bidding in case the winning bidder does not meet the conditions for implementing the bidding package as follows:
When signing the contract, if the contractor does not satisfy the requirements for technical and financial competence prescribed in Clause 2 Article 64 of the Law on Bidding, the bidder ranked next shall be invited to the contract negotiation. In this case, such bidder must revalidate their bid-envelope and tender guarantee if the bid-envelope is invalid and the tender guarantee is refunded or cleared.
Therefore, if the winning bidder does not meet the conditions for implementing the bidding package during the contract signing phase, the next bidder in the ranking will be invited to negotiate the contract.
Can the owner request the contractor to provide a fire prevention and fighting capacity file in Vietnam?
Our company specializes in the production and construction of interior. Now, our company produces fire-resistant wooden doors. Our doors have been inspected and approved by the Fire Department. However, the owner requires our company to provide fire prevention and fighting capacity files. Is this necessary and correct? Thank you!
Answer:
Pursuant to Article 16 of the Decree 63/2014/NĐ-CP stipulating clarification of the bid packages as follows:
1. Upon completion of the bid opening, bidders are responsible to clarify their bid packages as requested by the procuring entities. In case bidder's evidence for their validation, competence and experience have been lacked, procuring entities request bidders to clarify and provide further documents to prove their validation, competence and experience. In respect of technical and financial proposals of bidders, the clarification must ensure no change in the basic contents of bid packages and quoted bids.
2. In case bidder's evidence for their validation, competence and experience have been lacked after the bid closing, bidders are allowed to send further documents for clarification. Procuring entities are responsible to accept the documents on clarification for consideration and evaluation; further documents on clarifying bidder's validation, competence and experience shall be considered a part of the whole bid packages.
3. This clarification is only involved by procuring entities and participating bidders, which must ensure rules for no change to the actual nature of concerned bidders. The clarification contents must be shown in writing and kept by procuring entities as a part of the bid packages.
According to this regulation, the owner has the right to request the contractor to clarify their eligibility, capacity, and experience when participating in the bidding package and ensure that it does not change the nature of the contractor. In your case, the investor's request for your company to provide fire prevention and fighting capacity files to clarify the capacity of your company is in accordance with this regulation.
Best regards!
