Legal Services for Tender Proceedings

Legal Services for Tender Proceedings have become one of the busiest areas of practices at CNC recently. This Legal Services for Tender Proceedings is designed to meet the increasing demands from tenderers, governors, and all the project stakeholders from preparations of tender documents, tender assessments/evaluation, tender clarifications, and/or complaint or settlement of disputes.

In a leading position, CNC can offer Clients highly-quality Legal services for Tender Proceedings at an affordable rate and price in a timely manner.

Under this Legal Services for Tender Proceedings arrangement, CNC can help Clients with all legal matters related to tender proceedings both for selection of investor(s) or selection of contractor(s), including without limitation to

  • legal advice on plan on tender proceedings.
  • legal advice on preparation and issue of the tender documents.
  • draft of consortium agreement, joint venture, business operation agreement.
  • complaint and settlement of tender complaint.
Legal Services for Tender Proceedings

The aim of this Legal Services for Tender Proceedings

The provision of Legal Services for Tender Proceedings aims at correcting 3 commonly wrongful application below which all are the outcomes of a fast pace of change in law, namely:

  • Wrong application with regard to the scope of Law on Tender 2013.
  • incorrect interpretation and application of tender regulations; and
  • abused of tender regulations to constrain, limit participants or to come to unfair tender decisions.
áp dụng pháp luật đấu thầu
3 Wrongful Ways to apply Tender Legislation

Legal Services for Tender Proceedings

A diversity of Legal Services for Tender Proceedings have been provisioned to Clients in the last 6 years, including those relates to:

  • General legal advice to legal framework on tender proceedings

  • Advice on the preparation of Tender Documents, Request for Proposal, Request for Services

  • Advice on Preparation of Tender submission, Proposal, or Offer

  • Advice on the Tender evaluation, assessment of Proposal submissions

  • Tender clarifications

  • Advice, negotiation, award of contract

  • Preparation, review and negotiation for the joint venture agreement, consortium agreement

  • Settling complaints during tender proceedings

  • Preparation of and report to Donors with regard to the criteria, stages of tender proceedings, as well as the tender results.

Legal Services for Tender Proceedings

Detailed Legal Services for Tender Proceedings

How the Legal Services for Tender Proceedings render?

Tư vấn pháp luật đấu thầu

More than often, legal services for tender proceedings is rendered on a case to case (package by package basis).

In that case, Client and CNC shall sign a legal services agreement for tender proceedings, defining the scope of services that CNC will provide to Client, the structure of relevant fees, and/or other miscellaneous issues.

A draft of legal services agreement for tender proceedings can be found here.

How to render Legal Services for Tender Proceedings

Our recent experience

Our extensive experience is the key to make us different to the rest of market players. Let’s see how we have been delightfully engaged by Clients in the last couple of years.

  • In 2021, advise and assisted a Japanese based company to participate in a joint venture with its partner for a contract known MEP package at the largest Data Center project in the north. The notable feature of this deal was that Client, being a member of the joint venture was the party who perform 100% of the Works but should only be paid when and upon the other member of the joint venture, the Leader received payment from the Employer. For that reason, our advice was to ask for the leader and the leader’s parent company to both provide two guarantee payment to the Client to ensure its ability and promise to pay Client timely which were successfully accepted.
  • In 2020, advise and assist a Project Management Unit at a Department of Planning and Investment of a Highland province to tender for an upgrade and expansion to a 54 km roads crossing border of Laos and Cambodia. The package was funded by World Bank (WB) requiring a transparent, straight and tender procurements.
  • In 2019, advised and assisted a Vietnamese based contractor in a tender for the design, fabrication and installation of the rack systems in the largest milk factory in the north. The Employer’s concern at that time was the Client’s ability to perform such a large-scale package in a tight schedule, notwithstanding Client’s experiences as subcontractors in similar projects previously. More importantly, the Japanese based contractor hesitated to perform the package because it involved in obtaining foreign contractor license and the accounting matter thereof. What CNC has advised to make the deal successful was that the Client delivered to the Employer the Japanese based contractor’s commitment to support the Vietnamese based contractor during the entire process of designing, fabricating, and construction the Works. The Japanese based contractor further agreed to remain the Price unchanged.
  • In 2021, advised and assisted one of the leading fire-fighting contractors in Vietnam to make complaint to a Project Management Unit for the wrongful award of contract to a joint venture contractor where a member was previously discovered by our Client unqualified to be participate in that project. The complaint has caused the attention of the Department of Construction who thereafter investigated the issues and found out that the award of the Contract should be canceled and our client, being the runner up would be called for to negotiate for the Contract.
  • In 2020, advised a Japanese based company on legal framework on prohibitions activities under Law on Tender 2013, Article 89. The question were made on an assumption that the Client wished to participate in the largest airport construction in Vietnam at a later stage but currently, the Employer asked for an assistance in reviewing the design stages so that feasible reports could be made to competent authorities and an approval for the investment of that project could be granted. The experience has successfully moved us forward the deal as our Client was not recommended to involve in such assistance, but to ask for another subsidiary to render the services instead.

Contact Us

CNC Vietnam Law Firm LLC

28 Mai Chi Tho Boulervard, An Phu Ward, Thu Duc City, Ho Chi Minh, Vietnam

telephone: +84 – 028 6276 9900 | Hotline: +84 – 0916 545 618
Email: contact@cnccounsel.com | Website: https://cnccounsel.com

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