(Chinhphu.vn) – In case the approved cost estimate of the bidding package is higher or lower than the bidding package price stated in the approved contractor selection plan, such estimate shall replace the bidding package price in the contractor selection plan.

At Point a, Clause 2, Article 117 of the Decree No. 63/2014 / ND-CP dated June 26, 2014 of the Government stipulating:

" In case the approved cost estimate is higher than the price of the bidding package in the contractor selection plan, but ensuring that the higher value does not exceed the total investment of the project, the approved procurement estimate is not required to adjust the Contractor selection plan. In case such higher value exceeds the total investment capital of the approved procurement project or cost estimate, the contractor selection plan must be adjusted. If the form of contractor selection in the approved contractor selection plan is no longer appropriate, the form of contractor selection must be adjusted”.

Mr. Dang Khoa (in Ho Chi Minh City) would like to ask, when the bidding package is higher than the bidding package price in the plan of selecting a bidder, it does not exceed the total investment amount, when the form of selecting a contractor changes (from a ceiling for direct contracting  to an open bidding), is it necessary to adjust the contractor selection plan? Or is the investor allowed to change the form to the bid (without adjusting the contractor selection plan) and organize the bid?

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

Clause 2, Article 117 of the Decree 63/2014 / ND-CP of the Government stipulates that the approved cost estimate of the bidding package is higher or lower than the price of the bidding package stated in the plan for selection of the approved contractor. That team will replace the bid package price in the contractor selection plan according to the following principle:

- " In case the approved cost estimate is higher than the price of the bidding package in the contractor selection plan, but ensuring that the higher value does not exceed the total investment of the project, the approved procurement estimate is not required to adjust the contractor selection plan. In case such higher value exceeds the total investment capital of the approved procurement project or cost estimate, the contractor selection plan must be adjusted. If the form of contractor selection in the approved contractor selection plan is no longer appropriate, the form of contractor selection must be adjusted”;

- In case the approved cost estimate is lower than the bidding package price in the contractor selection plan without changing the form of contractor selection in the approved contractor selection plan, the contractor selection plan must not be adjusted; In cases where it is necessary to adjust the form of selection of contractors to suit the new value of bidding packages according to the approved cost estimates, the contractor selection plan must be adjusted.

Accordingly, in case the approved cost estimate of the bidding package is higher or lower than the price of the bidding package stated in the contractor selection plan, leading to change of the contractor selection plan, it must be handled according to the above provisions.