According to the Bidding Law 2023, there are 8 types of contracts in bidding that businesses need to understand and understand to serve bidding work. So what are those types of contracts? Let's quickly review the following article with DauThau.info to better understand the types of bidding contracts under the new Bidding Law.
08 types of contracts in bidding according to the Bidding Law 2023
Nhấn VÀO ĐÂY để chuyển bài viết sang bản tin tiếng Việt
8 types of contracts in bidding
According to the new Bidding Law, how many types of bidding contracts are applied? Pursuant to the provisions of Article 64 of the Bidding Law 2023, there are 08 types of contracts in bidding that are applied to sign with contractors. Below is detailed information about the types of contracts under the Bidding Law 2023 that investors and contractors need to know, specifically:
1. Package contract
Package contracts are applied to bidding packages where, at the time of contractor selection, the scope of work, technical requirements, and duration of the bidding package are clearly defined, with little possibility of changes in volume. , technical requirements, unforeseen conditions; The bidding package cannot clearly determine the volume and unit price, but the parties to the contract can determine the ability to manage risks, manage arising changes or determine the properties and characteristics of the first product. out, including EPC contracts and turnkey contracts;
When applying a package contract, the bidding package price used as a basis for awarding the bid includes contingency costs for risk factors of work volume and price slippage that may occur during the implementation of the corresponding contract. corresponds to the risk management responsibility assigned to the contractor in the bidding package. The bid price must include all costs for risk factors of work volume and price escalation that may arise during contract implementation corresponding to the contractor's responsibilities in implementing the bid package;
The contract price does not change throughout the contract implementation period with respect to the scope of work, technical requirements and terms specified in the contract, except in cases of force majeure and changes in the scope of work to be performed. leading to changes in contract prices;
Payment is made according to a percentage of the contract price or the price of the project, project item, and work volume corresponding to the payment period agreed upon by the parties in the contract. Payment is not required. Confirmation of detailed completed volume.
Package contract in bidding
2. Contract based on fixed unit price
Fixed unit price contracts are applied to bidding packages where at the time of contractor selection, the nature of the work has been clearly determined but the actual quantity and volume of work to be completed has not yet been determined. wall. The initial contract price is based on the quantity and volume of work, the fixed unit price according to the contract and the reserve costs for the quantity and volume of work that may arise are determined according to the provisions of law;
Fixed unit price contracts have unit prices that do not change throughout the implementation period for the entire content of work in the contract. The contractor is paid according to the quantity and volume of accepted work and the fixed unit price specified in the contract.
3. Contract based on adjusted unit price
Adjusted unit price contracts are applied to bidding packages with long implementation periods and risk of price fluctuations for input costs to implement the contract, which may negatively impact implementation. bidding package if a fixed unit price is applied. Contracts with adjusted unit prices have a unit price, the contract price can be adjusted based on the agreements in the contract for the entire content of work in the contract. The initial contract price is based on the quantity and volume of work needed, the base unit price according to the contract and contingency costs for the quantity and volume of work that may arise, and contingency costs for price escalation. . The contract content must stipulate the method of calculating price slippage and price slippage reserve costs according to the provisions of law;
The contractor is paid according to the quantity and volume of work accepted and the unit price specified in the contract or adjusted unit price (if any).
4. Time-based contract
Time-based contracts may apply in an emergency; repair and maintenance of works, machinery and equipment; Consulting services when it is difficult to determine the scope and time of service implementation. The contract price is calculated on the basis of the unit price for the time unit, the agreed hourly, daily, weekly or monthly salary stated in the contract and reasonable reimbursable costs incurred.
5. Cost-plus-fee contract
Cost-plus-fee contracts are applied to jobs and services for which at the time of selecting the contractor there is not enough basis to determine the scope of work, necessary needs for elements, and input costs to Carry out the expected work of the contract. At the time of signing the contract, the parties agree on management costs, general costs, profits, and calculation methods based on direct costs; method of determining direct costs as a basis for calculating direct costs and other contents to implement the contract.
Cost-plus-fee contract
6. Output-based contracts
Output-based contracts are applied to work and services where payment is based on the results of contract performance that are accepted in terms of quality, quantity and other factors. The contract must clearly state specific requirements on quantity and quality of output, measures to inspect, evaluate, determine the level of satisfaction of output quality, payment deductions, and regulations on price adjustment. (if any) and other contents to implement the contract.
7. Percentage contract
Percentage contracts can only be applied to construction insurance packages where the contract value is determined accurately on the basis of the actual accepted construction value.
8. Mixed contracts
A mixed contract is a contract whose content combines the types of contracts specified in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 64. A mixed contract must clearly stipulate the scope of work to be applied. applicable to each respective type of contract and related additional and adjusted contents when applying multiple types of contracts simultaneously to one content of work or service. Payment for mixed contracts must be in accordance with payment regulations for each type of contract for the scope of work performed.
Thus, according to the Bidding Law 2023, there will be 3 new types of contracts added, specifically: Cost-plus-fee contracts, Output-based contracts, and Percentage-based contracts. Adding more types of contracts will help investors and contractors easily identify the type of contract suitable for the bidding package the business is implementing, avoiding ambiguity in the process of classifying contracts such as: before.
What conditions must be met to sign a contract?
To be able to sign a contract, the investor and contractor need to meet the conditions according to Article 66 of the Bidding Law 2023, specifically:
At the time of signing, the bid documents and proposals of the selected contractor are still valid. For centralized procurement, the framework agreement applies. At the time of signing, the framework agreement is still valid.
At the time of signing, the selected contractor must ensure that it meets the technical and financial capacity requirements to carry out the bidding package according to the requirements of the bidding documents and request documents.
The investor must ensure the conditions of advance capital, payment capital, implementation premises and other necessary conditions to implement the bidding package on schedule.
Documents required in contract documents according to the Bidding Law 2023
According to the provisions of Article 65 of the Bidding Law 2023, contract documents with contractors must include the following documents:
Contract documents
Contract appendix includes: detailed list of work scope, price list, implementation schedule (if any)
Decision to approve the contractor selection results
In addition, depending on the scale and nature of the bidding package, contract documents may include documents such as:
Minutes of contract completion
Contract negotiation records
Written agreement between the parties on the conditions of the contract, including general conditions and specific conditions
Bids, proposals and documents clarifying bids and proposals of the selected contractor;
Bidding documents, request documents and documents amending and supplementing bidding documents and request documents;
Other relevant documents
Above are the 08 latest contract types according to the Bidding Law 2023 that DauThau.info has shared with your businesses. In case you need support in providing software solutions related to the field of bidding or advice related to bidding situations, please contact:
