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Preparing tender documents is a complex task, requiring the inviting party to have the capacity, experience, and skills to perform it. Therefore, the current bidding law allows the inviting party to use consulting services for tender document preparation, and the 'use' must be through the consulting contract template for tender document preparation.
Consulting contract template for tender document preparation and evaluation of new bidding documents, most accurately
1. Template for consulting contract in preparing tender documents and evaluating bid documents.
2. Key points to consider for the consulting contract for preparing tender documents.
1. Template for consulting contract in preparing tender documents and evaluating bid documents
- Latest template for consulting contract in preparing tender documents.
Download the template HERE
- Guide to the template for consulting contract in preparing tender documents.
+ Clearly state the location, date of contract creation (Hanoi, on the....day of....month,....year).
+ Specify the package number and name in the section for package number, package name.
+ Clearly state the names, numbers, and dates of issuance of legal documents serving as the basis for signing the contract. Particularly, decisions of competent authorities regarding the use of consulting services for preparing tender documents must be included.
+ Provide detailed information about the contracting party (the party with the tender document requiring consulting) and the contracting party (the party receiving consulting for tender document preparation).
+ In Article 1, clearly state the tasks to be performed corresponding to which project.
+ In Article 4, specify the contract price in both numerical and written forms.
+ At the end of the contract, both parties must sign, clearly stating their names and affixing the organization's or agency's seal.
The nature of the consulting contract for preparing tender documents is similar to that of the Model contract for new residential construction projects, as it is a service contract where one party performs work for the other.
Model consulting service contract for preparing tender documents: Content and drafting techniques
2. Key points to consider for the consulting contract for preparing tender documents
According to the Civil Law 2015, Bidding Law 2013, amended and supplemented in 2020, when entering into a consulting contract for preparing tender documents, the parties should pay attention to the following issues:
- What is an invitation to bid?
+ It is a document comprising information for a project or package, serving as a basis for contractors and investors to prepare bid documents, and for the inviting party to evaluate bid documents.
- In which bidding format is the invitation to bid applied?
+ Open bidding;
+ Limited bidding.
- When is the consulting contract for preparing tender documents signed?
+ When the inviting party meets the conditions for issuing the invitation to bid as stipulated in Article 7 of the Bidding Law and has a decision from the competent authority appointing the consulting organization for preparing tender documents.
- Effective period of the consulting contract for preparing tender documents.
+ If there is no other agreement, the consulting contract for preparing tender documents is effective from the moment of signing.
- The contracting party may unilaterally terminate the contract if continuing to consult on tender document preparation is no longer beneficial, but must provide reasonable notice, pay for consulting services, and compensate for any damages if applicable.
- In cases where the tender document involves consulting on tender document preparation, the representative of the organization or individual must sign, print their name, and affix a seal if available on the tender document.
Consulting on tender document preparation can be carried out through the Model Expertise Hiring Contract or fixed-term hiring contract templates,...
Here is a sample consulting contract for preparing tender documents collected and shared by Mytour for readers. Current legal practices indicate that the regulations on consulting contracts for preparing tender documents are not clearly defined. Therefore, when agreeing on the content, all parties must strictly adhere to the general provisions of the Civil Code and the Bidding Law.
