(Chinhphu.vn) – One of the principles of contract negotiation is not to conduct negotiations on the contents of the tender offered by the bidder according to the requirements of the bidding documents.

Ms. Nguyen To Anh (in Hanoi) is working on bidding for basic construction, she has some problems and requests are responded as follows:

According to Article 19 of the Decree No. 63/2014 / ND-CP, when negotiating a contract in bidding, it is not allowed to change the bidding package price. However, when setting up the proposal documents, the contractor records work items according to the codes in accordance with the announced norms, but the unit price is higher than the norm price. Ms. To Anh would like to ask, in this case, could the procuring entities negotiate the price?

In Article 58 of the Decree No. 63/2014 / ND-CP stipulating competitive offers, contract negotiations in conventional competitive offers comply with Article 19 of the above Decree (negotiation does not change prices), so is there a case of shortened competitive offer, is there a negotiation to change the competitive package price?

Regarding this issue, The Ministry of Planning and Investment has the following opinions:

Point b, Clause 3, Article 19 of the  Decree 63/2014 / ND-CP of the Government has stipulated that one of the principles of contract negotiation is not conducting negotiations on the contents that the contractor has offered. according to the requirements of the bidding documents.

In the case of Mrs. To Anh, the negotiation of contracts (for the case of shortened competitive offers) must comply with the above provisions.

In addition, the announcement of the price of materials, machine shifts, and the announcement of the minimum wage level of competent agencies is for reference only to contractors and means to guide investors to set up unit prices, norms and estimates for bidding packages.