In the course of implementation, the investor requests the addition of a number of work items in addition to the original technical design dossier, the technical design dossier must be repeated and the re-approval of the estimate must be re-made.

Mr. Nguyen Minh Chung's unit (in Nghe An Province) is working on repairing and renovating the People's Committee office. During the construction process, the investor proposes to add some items to ensure use requirements. Currently the project is worth VND 700 million, the form of selecting a contractor is to appoint a contractor. After adjustment, the value of works is VND 1.1 billion, exceeding the level of contractor appointment.

Mr. Chung would like to ask, does this case require to re-made the bidding plan?

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

Points d and a, Clause 1, Article 62 of the Law on Bidding stipulatesa) Lump-sum contract means contract with fixed price during performance for all work contents in contract.

Payment for lump-sum contract shall be performed many times during implementation or once upon finishing contract. Total amounts paid to contractor until finishing obligations under contract shall be equal to the price stated in contract;

d) For bidding packages of construction and installation, during the course of negotiating and finalizing contract, the relevant parties need review the table of work volume under the approved design; if the tenderer or the bid solicitor detects that the tables of work quantity and volume are not exact in comparison with design, the bid solicitor shall report to the investment owner for consideration to decide on adjustment of the work volume in order to ensure the conformity with design;

In Clause 4 and Point dd, Clause 3, Article 93 of the Government's Decree No. 63/2014 / ND-CP stipulates, In case of the workloads that are not prescribed in the initial conditions for the change in the contract or the cases requiring the cooperation of two parties in preventing or minimizing the risks under the responsibility of one party, the parties shall discuss to find the handling measures.

For Mr. Chung's case, if the construction and installation bidding package applies a package-type contract, the signing and payment of contracts must comply with the above provisions.

If the investor requests additional addition of a number of work items in addition to the initial technical design dossier, the technical design dossier must be repeated and the estimate approved again. In this case, the work that must be changed or supplemented by design changes is considered to be outside the scope of work of the signed package contract.

Therefore, for the additional work due to the design changes, the investor reports to the competent authorities for decision to serve as a basis for signing the supplementary annex of the contract.