Application of Form of Bid Documents for Consulting Services Under the Scope of CPTPP, EVFTA in Vietnam

The content of guidance on applying the template of Bid Documents for consulting services with bidding packages under CPTPP, EVFTA, and UKVFTA is specified in Vietnam's Circular 20/2022/TT-BKHDT guiding the preparation of Bid Documents for consulting services for bidding packages within the scope of the CPTPP, EVFTA, and UKVFTA (effective from November 20, 2022).

Application of Form of Bid Documents for Consulting Services Under the Scope of CPTPP, EVFTA in Vietnam (Source: internet)

Guidance on the application of the form of Bid Documents for consulting services with bidding packages under CPTPP, EVFTA

For bidding packages of consulting services applying the form of contractor appointment, the preparation of a request for proposals may apply the provisions of Circular 20/2022/TT-BKHDT on the basis of ensuring that it is not contrary to the provisions of the CPTPP, EVFTA, and UKVFTA.

In the event that it is necessary to apply a contract with a fixed unit price or an adjusted unit price, the investor and the bid solicitor shall amend the provisions of the Bid Documents Form enclosed with this Circular to make sure that the contract is not contrary to the provisions of the CPTPP, the EVFTA, the UKVFTA, Vietnam's Decree 95/2020/ND-CP, and Decree 09/2022/ND-CP.

Instructions for forward handling with bidding packages opened before November 20, 2022

For bidding packages covered by the CPTPP, the EVFTA, and the UKVFTA, bids must be opened before the effective date of Vietnam's Circular 20/2022/TT-BKHDT (November 20, 2022):

The evaluation of bids and consideration of winning bids shall comply with the provisions of the Bid Documents but must ensure that they do not contravene the provisions of the CPTPP, the EVFTA and the UKVFTA.

For bidding packages covered by the CPTPP, the EVFTA, and the UKVFTA, Bid Documents must have been issued before November 20, 2022 but have a bid closing time after the effective date of this Circular. If the bid closing time has not yet arrived, in case the contents are not suitable or contrary to the instructions stated in the form of Bid Documents issued together with this Circular 20/2022/TT-BKHDT, it must be amended accordingly.

In the event of modification of Bid Documents after issuance, investors and bid solicitors must give contractors a reasonable amount of time to prepare bids.

For bidding packages covered by the CPTPP, the EVFTA, and the UKVFTA that have approved the Bid Documents before November 20, 2022 but have not yet issued the Bid Documents, they must amend according to the form of the Bid Documents issued together with Vietnam's Circular 20/2022/TT-BKHDT.

In the event that legal documents referred to in this circular are amended, supplemented or replaced, such amended, supplemented or replaced documents shall apply.

Chau Thanh

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