09:35 | 26/04/2024

What are the cases where shopping method may apply to simple construction packages in Vietnam?

What are the cases where shopping method may apply to simple construction packages in Vietnam? - asked Mr. T - HCMC.

What are the cases where shopping method may apply to simple construction packages in Vietnam?

Pursuant to the provisions of Article 24 of the Law on Bidding 2023 on shopping as follows:

Shopping
The shopping method applies to the following packages whose price does not exceed VND 05 billion:
1. Common and uncomplicated non-consulting service packages;
2. Packages for procurement of normal goods which are available on the market, have standardized technical properties and equivalent quality;
3. Simple construction packages for which approved building drawing designs are available;
4. PC packages of which construction tasks meet the requirements laid down in Clause 3 of this Article.

Thus, the shopping method applies to simple construction packages for which approved building drawing designs are available and price does not exceed VND 05 billion.

What are the cases where shopping method may apply to simple construction packages in Vietnam? (Image from the Internet)

What are the contractor selection process in case of shopping for simple construction packages in Vietnam?

The contractor selection process in case of shopping for simple construction packages is specified in Clause 3, Article 43 of the Law on Bidding 2023. To be specific:

Contractor selection process
...
The contractor selection process in case of shopping includes the following steps:
a) Preparation for contractor selection;
b) Organization of contractor selection;
c) Bid evaluation;
d) Submission, appraisal, approval and disclosure of contractor selection result and provision of explanations for bidders as to why they were not successful (if any);
dd) Completion, signing and management of execution of contract.
...

Thus, the contractor selection process in case of shopping includes the following steps:

- Preparation for contractor selection;

- Organization of contractor selection;

- Bid evaluation;

- Submission, appraisal, approval and disclosure of contractor selection result and provision of explanations for bidders as to why they were not successful (if any);

- Completion, signing and management of execution of contract.

Shall single-stage one-envelope procedure be adopted in case of shopping for simple construction packages in Vietnam?

The single-stage one-envelope procedure is prescribed in Article 30 of the Law on Bidding 2023. To be specific:

Single-stage one-envelope procedure
1. Single-stage one-envelope procedure shall be adopted in the following cases:
a) Competitive bidding or limited bidding for non-consulting service, procurement, construction or mixed packages, except the cases specified in Point b Clause 1 Article 31 of this Law;
b) Shopping for non-consulting service, procurement, construction or PC packages;
c) Direct contracting for consulting service, non-consulting service, procurement, construction, or mixed packages;
d) Direct procurement for procurement packages.
2. Bidders submit bids or proposals in one envelope containing both the technical proposal and the financial proposal in accordance with the requirements laid down in the bidding documents or RFP.
3. All bids or proposals shall be opened at the same bid opening.

Thus, the single-stage one-envelope procedure shall be adopted in case of shopping for simple construction packages.

When will bidding documents be prepared in case of shopping for simple construction packages in Vietnam?

The time for preparing bidding documents in case of shopping for simple construction packages is specified in Point c, Clause 1, Article 45 of the Law on Bidding 2023. To be specific:

Contractor selection duration
1. The contractor selection duration shall be subject to the following provisions:
...
c) In case of shopping, the minimum period between the first date on which the bidding documents are issued and the deadline for submission of bids which is given for bidders to prepare their bids shall be 05 days;
d) Where a competent person decides to apply the competitive bidding method to the selection of contractor for a package which satisfies the direct contracting requirements laid down in Points a, b and c Clause 1 Article 23 of this Law, the minimum period between the first date on which the bidding documents are issued and the deadline for submission of bids which is given for bidders to prepare their bids shall be 09 days;
...

Thus, in case of shopping, the minimum period between the first date on which the bidding documents are issued and the deadline for submission of bids which is given for bidders to prepare their bids shall be 05 days;

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