02:35 | 04/09/2023

What is the basis for preparation of the contractor selection plan for a procurement cost estimate in Vietnam? What is the application for approval of the contractor selection plan?

What is the basis for preparation of the contractor selection plan for a procurement cost estimate in Vietnam? What is the application for approval of the contractor selection plan? - T.Q (Hanoi, Vietnam)

What are the rules for preparing contractor selection plan in Vietnam?

Pursuant to Article 37 of the Law on Bidding 2023, it stipulates the rules for preparing contractor selection plan:

- A contractor selection plan shall cover the entire project or procurement cost estimate. In case of a procurement cost estimate, the contractor selection plan may be prepared on the basis of the procurement cost estimate of the current budget year and expected procurement cost estimates of the following budget years. If there are not sufficient grounds for preparing a contractor selection plan for the entire project or procurement cost estimate, the contractor selection plan shall be prepared for one or some packages.

- If a package is to be executed within duration of exceeding 01 year, the contractor selection plan must clearly indicate the package execution duration and the package’s price determined for the entire execution duration.

- The number of packages and contents of each package must be specified in the contractor selection plan.

- Approval of the contractor selection plan shall be given on the basis of technical properties and execution process, and in a manner that ensures the uniformity of the project or procurement cost estimate, and must be conformable with the approved contractor selection master plan (if any).

- The contractor selection plan may be prepared after the procurement cost estimate or the project has been approved, or as the same time as the project or the procurement cost estimate, or before the project approval decision has been issued in case the package needs to be executed before the project is approved.

What is the basis for preparation of the contractor selection plan for a procurement cost estimate in Vietnam? What is the application for approval of the contractor selection plan?

What is the basis for preparation of the contractor selection plan for a procurement cost estimate in Vietnam?

Pursuant to Clause 2, Article 38 of the Law on Bidding 2023, it is stipulated as follows:

Preparing contractor selection plan
...
2. Basis for preparation of the contractor selection plan for a procurement cost estimate:
a) Standards and norms for use of public property of regulatory authorities, organizations, units and officials, public employees and workers (if any);
b) The procurement cost estimate;
c) Other relevant legislative documents.

Accordingly, basis for preparation of the contractor selection plan for a procurement cost estimate:

- Standards and norms for use of public property of regulatory authorities, organizations, units and officials, public employees and workers (if any);

- The procurement cost estimate;

- Other relevant legislative documents.

What is the application for approval of the contractor selection plan for a procurement cost estimate in Vietnam according to the Bidding Law 2023?

Pursuant to Clause 1, Article 41 of the Law on Bidding 2023, regulations on application for approval of the contractor selection plan:

Approving contractor selection plan for a procurement cost estimate
1. An application for approval of the contractor selection plan includes the following contents:
a) Completed tasks, including tasks of packages to be executed in advance with corresponding value and legal grounds thereof;
b) Tasks to which neither of the prescribed contractor selection methods can apply;
c) Tasks included in the contractor selection plan, including tasks and corresponding values constituting the packages to which one of the contractor selection methods specified in Articles 21 through 29 of this Law is applied;
d) Tasks which cannot be included in the contractor selection plan (if any), specific tasks and their values must be specified;
dd) Total value of the tasks stated in Points a, b, c and d of this Clause. This total value shall not exceed total funding in the procurement cost estimate;
e) Other related contents.

Accordingly, the application for approval of the contractor selection plan includes the following contents:

- Completed tasks, including tasks of packages to be executed in advance with corresponding value and legal grounds thereof;

- Tasks to which neither of the prescribed contractor selection methods can apply;

- Tasks included in the contractor selection plan, including tasks and corresponding values constituting the packages to which one of the contractor selection methods specified in Articles 21 through 29 of Law on Bidding 2023 is applied;

- Tasks which cannot be included in the contractor selection plan (if any), specific tasks and their values must be specified;

- Total value of the tasks stated in Points a, b, c and d of Clause 1, Article 41 of Law on Bidding 2023. This total value shall not exceed total funding in the procurement cost estimate;

- Other related contents.

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