In the course of evaluation of bids and contract negotiation, if detecting that the bid solicitation stated in the bid-solicitation table lacked in comparison to the engineering dossier, the bid solicitor shall request the contractor to supplement the workload on the basis of the unit price offered. Ms. Minh Anh (in Ca Mau Province) would like to request the competent authorities to guide the case as follows: The approved price of package A is VND 10,694 billion, contractor B participates in bidding package A is VND 7,421 billion (the contractor does not have a letter of discount), after the arithmetic correction, contractor B wins the bid with the amount of 7,698 billions dong. Thus, the percentage of bidder's discount compared to the approved bidding package is 28.1%. But when signing the contract negotiation, the contractor discovered the lack of quantity, so between the contractor and the investor signed the additional shortage volume of 251 million dong. Ms. Minh Anh asked, when approving the winning result, will the generated volume value (VND 251 million) be reduced by the rate of 28.1% compared to the approved value? The Ministry of Planning and Investment answers this issue as follows: Point b, Clause 3, Article 19 of Decree No. 63/2014 / ND-CP of the Government stipulates that the contract negotiation must not change the bid unit price of the contractor after error correction, deviation adjustment and minus discount value (if any). In the course of evaluation of bids and contract negotiation, if detecting that the bid solicitation stated in the bid-solicitation table lacks in comparison with the engineering dossier, the bid solicitor shall request the contractor to supplement the workload. the lack is on the basis of the unit price offered; in case the unit price is not available in a bid, the bid solicitor shall report to the investor for consideration and decision on applying the unit price stated in the approved estimate for the insufficient work volume compared to the designing dossier or the unit price of another contractor that has passed step of technical evaluation if this unit price is lower than the approved unit price in the package estimate.
Under the provisions of Clause 3, Article 7 of Circular No. 23/2015 / TT-BKHDT dated December 21, 2015 of the Ministry of Planning and Investment, the approval of contractor selection results is done on the basis of contractor class and contract negotiation.
Regarding the matter of Ms. Minh Anh, the contract negotiation and the approval of the result of contractor selection are done in accordance with the above provisions.