Chapter X
RESOLUTION OF PROTESTS IN TENDERING
Article 60. Conditions for consideration and resolution of protests
1. The protestor must be a tenderer participating in tendering.
2. The protest application must be signed by the person who signed the tender form or the representative of the tenderer, and must be sealed (if there is a seal).
3. The person responsible to resolve protests must receive protests within the time-limit stipulated in article 72.3 of the Law on Tendering.
4. The contents of a protest must not be the subject matter of any legal proceeding instituted by the tenderer.
5. When a tenderer lodges a protest about results of selection of contractor with the person making the investment decision, the protestor must pay a fee as stipulated in article 6.3 of this Decree to the standing committee of the Consulting Council as stipulated in the tender invitation documents; if the conclusion is that the protest was correct, then this fee shall be refunded to the tenderer by the individual or organization found to be liable.
Article 61. Resolution of protests
1. The time-limit for the resolution of a protest as stipulated in article 73 of the Law on Tendering shall be calculated from the date of receipt of the protest by the administrative section of the person/entity responsible to resolve the protest.
2. If a protest does not satisfy the conditions stipulated in article 60 of this Decree, the person responsible to resolve the protest shall provide written notice to the tenderer that the protest will neither be considered nor resolved.
3. A tenderer shall have the right to withdraw a protest during the process of its resolution, but such withdrawal must be made in writing.
Article 62. Consulting Council for Resolution of Protests
1. Chairman of the Consulting Council
(a) The chairman of the central level Consulting Council shall be an authorized representative of the Ministry of Planning and Investment. The central level Consulting Council shall be responsible to provide advice on protests regarding tender packages within the direct approval authority of the Prime Minister of the Government, or when so requested by the Prime Minister of the Government.
(b) The chairman of the Consulting Council at the level of a ministry, ministerial equivalent body, Governmental body or other central body (hereinafter referred to as a ministerial level Consulting Council) shall be an authorized representative of the entity allocated by such ministry to administer tendering. A ministerial level Consulting Council shall be responsible to provide advice on protests regarding all tender packages of projects within the investment decision-making authority of such ministry or of projects managed by such ministry as the line ministry, except for tender packages stipulated in sub-clause (a) of this clause.
(c) The chairman of the Consulting Council at the local level shall be an authorized representative of the Department of Planning and Investment. A local level Consulting Council shall be responsible to provide advice on protests regarding all tender packages of projects within the investment decision-making authority of such locality or of projects managed by such locality, except for tender packages stipulated in sub-clause (a) of this clause.
2. Members of the Consulting Council Depending on the nature of each tender package and in emergency cases, the chairman of the Consulting Council may invite other individuals to participate as members of the Consulting Council in addition to those stipulated in article 73.2 of the Law on Tendering. A member of the Consulting Council may not be a relative (parent, parent-in-law, spouse, natural or adopted child, son or daughter-in-law or sibling) of the signatory of the protest or of an individual directly participating in assessment of tenders as a party calling for tenders, of the investor, of an individual evaluating results of selection or of the person approving results of selection of contractor.
3. Activities conducted by the Consulting Council
(a) The chairman of the Consulting Council shall issue a decision establishing a council within a maximum time-limit of five (5) days from the date of receipt of a protest from a tenderer. The Consulting Council shall act on an ad hoc basis.
(b) The Consulting Council shall operate as a collective group on the principle of decision making by a majority of votes, and shall submit a report on the results of its work to the person making the investment decision for his consideration and decision. Each member of the council shall have the right to reserve his opinion, and shall be legally liable for his opinion.
4. Standing committee of the Consulting Council
(a) The standing committee of the Consulting Council means the body or organization assigned with evaluation work during tendering, but shall not include as a member any individual who directly participated in evaluation of the tender package about which the tenderer is protesting.
(b) The standing committee of the Consulting Council shall carry out administrative tasks delegated to it by the chairman of the Consulting Council and shall collect and manage fees paid by protesting tenderers in accordance with article 60.5 of this Decree.
Tìm kiếm
Nghị định 58/2008/NĐ-CP (Bản Word)