(Construction) - According to the regulations, in case the arising work is independent of the parts of the signed contract, a new bidding package must be formed to organize the selection of contractor in accordance with the law on construction. Bidding.
Clauses 2 and 1, Article 67 of the Law on Bidding stipulate that the contract adjustment must be specified in the contract document, the written agreement on the contract's conditions (if any).
As reflected by Ms. Nguyen Thi Viet Hong, Project X has selected a contractor and implemented construction. Due to objective factors, the project has stopped construction and finalization of the implementation volume.
Currently, project X has been approved for adjustment, the investor submits a plan to select a contractor to adjust and supplement the construction and installation bidding package A (including the unconstructed volume and the newly added volume).
However, the investor did not submit the additional supervision and insurance bidding package to package A for the reason that he would negotiate with the contractor who had performed the supervision and insurance package before to sign the appendix. contract.
Ms. Hong asked, is it illegal to not carry out additional supervision and insurance packages?
The Ministry of Planning and Investment responded to this issue as follows:
According to Clauses 2 and 1, Article 67 of the Law on Bidding, the adjustment of the contract must be specified in the contract document, the written agreement on the conditions of the contract (if any). The contract adjustment is only applied during the valid contract period.
Clause 4, Article 93 of Decree No. 63/2014/ND-CP stipulates that in case the contract adjustment causes costs or changes in the implementation schedule, the two parties must report to the competent authority for decision and sign the sub-contract. contract supplement to serve as a basis for implementation.
Accordingly, the contract adjustment must comply with the above provisions. In case the arising work is independent of the work part of the signed contract, a new bidding package must be formed to organize the selection of contractor in accordance with the law on bidding.
