04 Cases of Bid Cancellation for Procurement Bidding under the CPTPP Agreement

04 cases of bidding cancellation for procurement according to the CPTPP Agreement (Illustrative image)

Decree 95/2020/ND-CP stipulates 4 cases of bidding cancellation for procurement according to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership as follows:

1. All bidding documents and proposals do not meet the basic requirements of the invitation to bid documents and request documents. In the case that all bidding documents do not meet the basic requirements of the invitation to bid documents, contractor designation shall be applied according to the provisions in Point i, Clause 2, Article 21 of this Decree;
2. Changes to objectives or investment scope approved in the feasibility study report and investment decision, affecting the invitation to bid documents;
3. Invitation to bid documents and request documents do not comply with the provisions of the law on bidding or other relevant legal regulations, leading to the selected contractor not meeting the requirements to perform the package or project; invitation to bid documents, request documents, or the organization of selecting contractors do not comply with the provisions of the law on bidding or other relevant legal regulations, leading to limiting competition among contractors and not ensuring the economic efficiency of the package;
4. There is evidence of giving, receiving, brokering bribes, bid-rigging, fraud, abuse of position, and authority to intervene illegally in bidding activities, leading to distorting the results of contractor selection.

Additionally, organizations or individuals violating the legal provisions on bidding leading to bid cancellation due to the invitation to bid documents, request documents not complying with the provisions of the law on bidding or other relevant legal regulations, and having evidence of giving, receiving, brokering bribes, bid-rigging, fraud, abuse of position, and authority to intervene illegally in bidding activities, leading to distorting the results of contractor selection, must compensate costs for the related parties to cover the costs of re-organizing the bidding and be dealt with according to legal provisions.

For details, see Decree 95/2020/ND-CP effective from August 24, 2020.

Ty Na

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