Vietnam: 06 matters in the contract to be negotiated for consulting service packages

Vietnam: 06 matters in the contract to be negotiated for consulting service packages (Illustrative image)

Under Decree 95/2020/ND-CP, the negotiation shall not be conducted for matters proposed by the bidder in accordance with the requirements of the bidding documents in Vietnam. The matters in the contract to be negotiated for consulting service packages in Vietnam are as follows:

1. Contents that are insufficiently detailed, unclear, or inconsistent between the bidding documents and the bid, or within different sections of the bid, leading to arising issues, disputes or affecting the responsibilities of the parties during contract performance;
2. Deviations identified and proposed by the bidder in their bid (if applicable). This includes proposals for changes or alternative technical solutions if the bidding documents allow bidders to submit such alternatives;
3. Key personnel: During the negotiation process, the bidder cannot replace key personnel proposed in the bid, except in cases where the evaluation time of the bid is extended beyond the regulation or due to force majeure reasons that the key personnel proposed by the bidder cannot participate in the contract performance. In such cases, the bidder is allowed to replace key personnel but must ensure that the proposed substitute personnel have equivalent or higher qualifications, experience, and capacity, and the bidder is not allowed to change the bid price;
4. Issues that arise during the contractor selection process (if any) to finalize the detailed contents of the package;
5. Costs related to consulting services based on suitability with the package requirements and actual conditions;
6. Other necessary matters.

Note: During the contract negotiation process, the parties involved in the negotiation shall complete the draft contract; specific conditions of the contract, and contract appendices including detailed lists of work scope, price tables, and schedule (if any).

In case of unsuccessful negotiations, the procuring entity reports to the investor for consideration and decision to invite the next ranked bidder for negotiation; in case negotiations with the next ranked bidders are also unsuccessful, the procuring entity reports to the investor for consideration and decision for bid cancellation according to the provisions at Clause 1, Article 19 of this Decree.

Details are available in Decree 95/2020/ND-CP effective August 24, 2020.

Ty Na

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