(Chinhphu.vn) – One of the conditions for considering and approving a winning bid for a tender to provide non-consulting, procurement, construction and mixed services is that the bidder with the proposed bid-winning price does not exceed the approved bid price.

Mr. Tran Quoc Thai (in An Giang province) would like to ask the authorities to guide the situation as follows:

The project was approved with a total investment of VND 20 billion, in which construction cost was VND 14 billion, equipment cost wasVND 0.8 billion.

After appraising the price and designating equipment, the value of the equipment package increased to VND 0.9 billion, still within the designated bid limit and not exceeding the total investment according to the approved project.

When preparing procedures for payment of equipment expenses, the State Treasury shall not accept payment for reasons of exceeding the estimated value of the approved project and requesting the investor to readjust the project, then two comments related to this payment:

When preparing procedures for payment of equipment expenses, the State Treasury shall not accept payment for reasons of exceeding the estimated value of the approved project and requesting the investor to readjust the project, then two comments related to this payment:

- Still paying equipment costs for contractors because they did not exceed the approved total investment;

- The project must be re-adjusted because it exceeds the cost of equipment according to the approved project.

Mr. Thai would like to ask, what is the right opinion?

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

Point e, Clause 1, Article 43 of the Bidding Law stipulates, The tenderer has the proposed bid-winning price not exceeding the approved bidding package price. If the approved estimated budget of bidding package is lower than or higher than the approved bidding package price,

this estimate shall replace the bidding package price as basis for consideration for recommendation as the winning tenderer in case the approved bidding package is lower or higher than the approved bidding package price

Accordingly, the contractor shall be considered for winning the bid when meeting the above conditions.

The payment of package contracts must comply with the provisions of Point a, Clause 1, Article 62 of the Bidding Law. Regarding the adjustment of cost estimate, he should consult the Ministry of Construction for specific instructions.