In case the winning contractor violates the contractual commitments, the contractor will be confiscated the contract performance guarantee. The bid solicitor may invite second-ranked contractors to conduct negotiations.

The Pham Truong Son's agency (in Ho Chi Minh City) selected a contractor to purchase goods, but the delivery of the winning unit announced that the company could not provide goods quality certification (C / Q). Only provides certified goods origin (C / O).

In the dossier of request and signing the contract, it stated "when delivering goods to the winning unit, C / Q and C / O must be provided before delivery".

Mr. Son would like to ask, in this case, will your agency revoke the contract guarantee and invite the second-ranked unit in the contractor selection list to negotiate the contract? If so, is the unit price based on the unit price of the second unit or unit price of unit canceling the contract? If the unit cannot be negotiated at the unit price, what should his agency handle?

The Ministry of Planning and Investment answers this issue as follows:

Point b, Clause 5, Article 66 of the Bidding Law stipulates that one of the cases where the contractor is not returned with a contract performance guarantee is a violation of the agreement in the contract.

Accordingly, in case the winning contractor violates the contractual commitments, the contractor will be confiscated to ensure the performance of the contract as prescribed above. The procuring entity may invite the second-ranked bidder to negotiate, finalize and sign a contract on the principle that the bid-winning consideration must comply with Article 43 of the Bidding Law.

In case of unsuccessful negotiation, the bid solicitor shall report to the investor to cancel the bidding according to the provisions of Clause 1, Article 17 of the Bidding Law to organize the bidding again.