Tiếng ViệtThe Prime Minister has just issued a directive on improving the management of bidding, negotiation, signing and implementation of contracts in projects using official development assistance (ODA) and priority loans. incentives from sponsors.
To enhance the effectiveness of bidding management and actively contribute to the effective use of programs and projects using ODA capital and concessional loans, the Prime Minister requests ministries, branches and localities to localities, economic groups, state-owned corporations, especially units with projects behind schedule, low disbursement and many problems during implementation, review and review the exists in the activities of selecting contractors, negotiating and signing contracts for bidding packages using ODA capital and preferential loans in recent times and proposing thorough solutions. Seriously implement the agreements and commitments signed between the Government of Vietnam and donors.
Improve bidding management
The Prime Minister requires that for bidding packages that have not yet released bidding documents, the content of bidding documents must be consistent with the provisions of international treaties and international agreements signed with sponsors; fully comply with regulations on submission, appraisal and approval of bidding contents in accordance with Vietnam’s bidding laws.
At the same time, include detailed evaluation standards consistent with the requirements of the bidding package in the bidding documents to create transparency and efficiency in bidding to select a contractor that fully meets the eligibility and capacity requirements. resources, experience and feasible solutions to implement the bidding package.
For bidding packages that are in the contract negotiation stage, the project owner must ensure progress and capital for compensation and site clearance before signing the contract. In urgent cases that require immediate implementation but progress in the work of site clearance and handover as expected in the contract is not guaranteed, the project owner must propose a handling plan and submit it to the competent authority for consideration and decision. determined.
The project owner needs to clearly define financial mechanisms in the contract to bind the contractor to ensure the progress and quality of the project, while controlling costs within the total investment. During the contract negotiation process, review the total contract value, do not include indirect costs of other items that do not have the project’s payment capital in the contract.
The project owner also needs to forecast exchange rate risks in case the contractor offers costs related to implementing the bidding package in a foreign currency, especially not the same as the payment currency of the financier. support. The contract must clearly state the source of the price index, method and method of calculating equivalent value, and conversion rate. There are measures to control risks related to fluctuations in foreign exchange rates in the contract.
At the same time, clearly stipulate the formula for calculating price slippage for goods purchased domestically and goods purchased from abroad in accordance with the provisions of law for contracts based on adjusted unit prices; clearly state how to handle cases arising from price slippage for which there is no calculation formula.
The project owner must report to the competent authority for specific solutions, including hiring legal consultants during the process of negotiating and signing the contract (if necessary) to avoid contract disputes.
During the contract negotiation process, if the contractor has a proposal different from the bidding documents, it is necessary to consider the reasonableness to make a decision but must ensure quality, schedule and price according to requirements. of the bidding documents, take responsibility for your decision.
For bidding packages with ongoing contracts, the Prime Minister requires strengthening supervision and ensuring contract implementation according to the plan and progress stated in the bidding documents and in the signed contract; Closely coordinate with local authorities in organizing the review of problems in site clearance that do not meet the site handover schedule as stated in the contract agreement, and report to competent authorities for solutions. timely handling. Seriously handle contract violations for slow progress, failure to ensure quality of materials, equipment, works…
The Prime Minister also requested a clear decentralization of responsibilities between the Project Owner and the Project Management Board in accordance with current regulations. In case of necessity or at the request of the sponsor, the Project Management Board can represent the Project Owner to perform some of the Project Owner’s tasks but must have authorization from the Project Owner or in writing. regulations decentralizing the Project Management Board to perform specific tasks.
Strengthen the capacity of the Project Management Board
Along with improving the efficiency of bidding management and contract implementation, the Prime Minister requested to strengthen the capacity of project management boards. Specifically, ministries, branches, localities, economic groups, and state-owned corporations need to conduct capacity assessments of project owners and project management boards to immediately correct decentralization in insurance bidding. ensure compliance with regulations.
When establishing a Project Management Board, the project owner must consider using existing, qualified Project Management Boards or professional Project Management Boards to well perform the task of supporting project implementation. and contract management, criteria must be developed for each position in the Project Management Board in order to form professional Project Management Boards with sufficient qualifications and skills in project management; Research and implement the decentralization of responsibilities to Project Management Boards to shorten the time to implement procedures.
The Prime Minister requested the Project Owner to review the Project Management Board staff to enhance professional capacity training in bidding and project management, ensuring compliance with the Project Owner’s professional requirements. , the bidding party, the bidding expert team and individuals according to regulations while improving the sense of professional ethics and personal responsibility.
