Participating in the discussion, delegate Pham Thi Kieu, National Assembly Delegation of Dak Nong province, basically agreed and highly appreciated the fact that the National Assembly Standing Committee had absorbed, revised and supplemented the draft Law on Comprehensive Bidding. In particular, the draft Law has expanded and updated the contents on the authority and responsibilities of the parties, prohibited acts and handling measures...
To complete the draft Law, delegate Pham Thi Kieu contributed some specific opinions as follows:
Firstly, it is recommended to study and supplement the content of regulations on the investor's payment responsibility in Article 78 (Investor's responsibility), specifically: "Payment to the contractor according to the provisions in the signed contract" ; at the same time, add to Article 82 (Responsibilities of contractors and investors) the content "Implement the provisions signed in the contract" to ensure the strictness of the legal system.
Second, the Covid-19 pandemic has shown that the capacity to respond to and access medical supplies, chemicals, biological products, vaccines, and equipment is still limited and hindered by inadequate domestic production capacity and inadequate regulations on management and bidding for medical equipment. To remove these limitations and shortcomings, it is recommended to study and add to the draft law the content "In case of emergency, the organization assigned to purchase can advance goods to serve the right purpose and urgent requirements under the direction of competent authorities. Then, implement the shortened bidding process according to regulations" .
Third, at point d, clause 1, Article 5 of the draft Law: (Eligibility of contractors and investors) stipulates: “ d) Having a name on the National Bidding Network before approving the results of contractor and investor selection”. It is proposed to study and amend it to: “The contractor must meet the operational capacity appropriate to each field of the bidding package” to ensure consistency with a number of related legal fields as stipulated in point c, clause 1, Article 139 of the Construction Law on the validity of construction contracts, then “The contractor must have sufficient operational capacity and construction practice capacity according to the provisions of this Law” .
Fourth, the Drafting Committee is requested to add the phrase “supervision consultancy” to Point b, Clause 2, Article 6 (Ensuring competition in bidding) as follows: “ b) Project management consultancy contractors; consultancy contractors preparing, examining, and appraising design documents and estimates; preparing and appraising survey and design tasks; preparing and appraising bidding documents and request documents; evaluating bidding documents and proposal documents; appraising the results of contractor selection and supervision consultancy for that bidding package ”.
Fifth, at Point c, Clause 1, Article 11 (International Bidding) stipulates the conditions for organizing international bidding to select contractors as: “c) Bidding packages providing consulting services that the competent person deems necessary for the participation of foreign contractors to improve the quality of the bidding package or project ”. This provision allows the competent person to have full authority to decide whether or not to involve foreign contractors in the bidding package providing consulting services, while the basis for the decision is quite general “ to improve the quality of the bidding package or project ” . This will make the provision on the conditions for organizing international bidding at Point c, Clause 1, Article 11 no longer meaningful. Therefore, according to delegate Pham Thi Kieu, it is necessary to study and adjust the regulations at point c, clause 1, Article 11 in a more specific quantitative direction or remove the regulations at point c, clause 1, Article 11 to avoid abuse and reduce the meaning of regulations on other conditions for international bidding.
Sixth, in Clause 2, Article 17 (Bidding cancellation) lists the cases of bidding cancellation for investor selection, including the case specified in Point b: " b) Changing the objectives, scale, location, investment capital , and project implementation period, resulting in changes to the evaluation criteria in the issued bidding documents ".
However, according to the provisions of Clause 4, Article 17, the case of bidding cancellation at Point b, Clause 2 leads to the relevant parties not being compensated for costs. This content is not really suitable and does not ensure fairness for investors when participating in bidding, because investors have to spend costs to participate in bidding. The change of project objectives, scale, location, and investment capital comes from the state agency, not the investor's fault. Therefore, it is proposed that in this case, it is necessary to stipulate that investors need to be compensated for costs similar to the mechanism for reimbursement of costs related to the contractor's participation in bidding.
Seventh, delegate Pham Thi Kieu proposed to amend the phrase "... the minimum time to prepare bidding documents is 9 days " to the phrase "... the minimum time to prepare bidding documents is 10 days " at point b, point d, clause 1, Article 45 (Time for organizing contractor selection) to match the time to issue bidding documents of 10 days from the time of posting.
Eighth, delegate Pham Thi Kieu suggested carefully reviewing Article 70 (Contract amendment) to ensure consistency with a number of specialized laws such as the Construction Law or regulations on contract performance under the 2015 Civil Code.
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