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Are there allowed to change the origin of goods in appointing contractor?

Sat, 04 Mar 2017 21:43:01 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – Through E – Government portal, Mr. Phan Huu Da (phanhuudada@gmail.com ...) would like to request the related authorities to answer some questions about signing annexes of the contract in order to change the origin of goods for bidding packages in the form of appointing contractor.

 As mentioned in Mr. Da’s case, the investor and the contractor signed a contract to supply equipment in the form of appointing contractor, price of the bidding package is less than 2 VND billion. About 3 months later, the contractor has a written request for  allowing the investor to change the origin of goods with genuine reasons that the manufacture is no longer to produce this item.

The Investor agreed and signed an annex with content of changing origin from Japan into Chinese, the other content still be kept the same included the price of the bidding package.

Regarding this issue, The Ministry of Planning and Investment would like to answer as follows:

With Mr. Da’s question, when filing for the request, investor must research market to identify whether needed goods are still produced in Japan in order to set up the suitable request.

Similarly, when making proposal documents, the contractor must determine the supplying abilities of market.

In case, after signing the contract, the contractor has a written request to the investor for allowing origin change of the goods, the investor must verify whether those goods are really no longer manufactured in Japan.

In case, goods are not produced in Japan, this case is considered as a force majeure case, the investor and the contractor shall have to conduct a review of quality, technical specifications ...to evaluate whether they can meet the requirements of bidding documents, meanwhile they have to negotiate on the unit price of those goods so as to have a basis of signing additional annexes, to avoid loss of the state budget.

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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