Headlines 03/12/2020 09:41 SA

Contracts for procurement of goods under CPTPP are now made known

Thùy Liên

Circular No. 09/2020/TT-BKHDT specifying the formulation of the invitation for bid for procurement of goods for the bids governed under the Comprehensive and Progressive Trans-pacific Partnership Agreement, issued on November 27, 2020.

According to this document, contracts for procurement of goods under CPTPP are regulated as follows: 

- Main contracts used for the procurement of goods are lump-sum contracts.

- If goods have particular, complicated attributes or large scale, and contracts are executed for a period of more than 18 months, contracts with adjustable unit prices may be used according to the following regulations:

+ When choosing to use this type of contract, the invitation for bid must clarify the price adjustment formula.

+ During the process of execution of the contract, if there is any change in the price unit and the contract price needs to be adjusted, the contractor must prove factors leading to any change in such unit price.

- The invitation for bid must include the sample contract and detailed terms and conditions set forth in the contract, based on which the contractor tenders and contracting parities negotiate, finalize and conclude the contract. 

- The termination of the contract at will mentioned in Section 29.3 – General contractual requirements in the sample invitation for bid annexed to the Circular No. 09/2020/TT-BKHDT may only be permitted by the competent person for the sound reasons.  

Circular No. 09/2020/TT-BKHDT is entering into force on January 15, 2021.

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