What is the time limit for approval of the contractor selection plan for purchasing assets, goods and services in service of regular operations of state agencies of Vietnam?
- What are the principles of making contractor selection plan for purchasing assets, goods and services in service of regular operations of state agencies of Vietnam?
- What are the bases for determining the value of the procurement for purchasing assets, goods and services in service of regular operations of state agencies of Vietnam?
- What is the time limit for approval of the contractor selection plan for purchasing assets, goods and services in service of regular operations of state agencies of Vietnam?
What are the principles of making contractor selection plan for purchasing assets, goods and services in service of regular operations of state agencies of Vietnam?
Pursuant to Article 9 of Circular No. 58/2016/TT-BTC stipulating the principles of making contractor selection plan for purchasing assets, goods and services in service of regular operations of state agencies and units affiliated to people's armed forces as follows:
- The contractor selection plan shall be made according to the entire funding from state budget allotted by competent authorities at the beginning of the year and additional plan shall be made according to funding additionally allotted during the year.
Failure to make the contractor selection plan for the entire purchase estimate, the contractor selection plan for one or several procurements shall be made first.
- The number of procurements and contents of each procurement must be specified in the contractor selection plan.
- The allocation of funding for purchase of assets, goods and services to procurements must be made on the basis of technical specifications and implementation order for ensuring the synchronous purchase and appropriate scale of the procurement. The division of the procurement into smaller parts for making the purchase by employing other purchasing forms without bidding and the application of methods of contractor selection inconsistent with the law are strictly prohibited.
- The contractor selection plan shall be made after the decision on approving purchase estimate is granted or at the same time when the purchase estimate is made.
What is the time limit for approval of the contractor selection plan for purchasing assets, goods and services in service of regular operations of state agencies of Vietnam?
What are the bases for determining the value of the procurement for purchasing assets, goods and services in service of regular operations of state agencies of Vietnam?
Pursuant to Clause 2, Article 11 of Circular No. 58/2016/TT-BTC as amended by Clause 7, Article 1 of Circular No. 68/2022/TT-BTC as follows:
Contents of the contractor selection plan of each procurement
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2. Value of the procurement.
a) Based on the approved estimate of purchase costs, the value of the procurement shall be determined according to one of the following documents to ensure its conformity with the market price:
- The market price which is determined referring to the latest quotations given by at least 03 local suppliers within no more than 90 days before the date the contractor selection plan is submitted for appraisal; in case where it is unable to obtain quotations from 03 local suppliers, quotations given by suppliers in other areas or announced by competent authorities or organizations with juridical persons established in accordance with regulations of law of Vietnam may be used;
- The valuation reports given by authorities competent to carry out valuation or valuation enterprise in case of purchase of assets, goods or services of which valuation is mandatory as prescribed in the Pricing Law;
- The successful bids of similar procurements which are made within the last 90 days;
If a procurement comprises multiple parts, the estimated value of each part must be specified.
b) If there are grounds for determining fluctuations in market prices compared to the approved value of the procurement (which is determined referring to quotations, valuation reports and successful bids of similar procurements), the person competent to approve the contractor selection plan shall decide to update the value of the procurement within 28 days before the bid opening, if it is deemed necessary.
c) If the value of a procurement is prescribed in specialized laws, such specialized laws shall prevail.
Thus, the value of the procurement for purchasing assets, goods and services in service of regular operations of state agencies and units affiliated to people's armed forces will be determined on the basis of 03 following bases:
- The market price which is determined referring to the latest quotations given by at least 03 local suppliers within no more than 90 days before the date the contractor selection plan is submitted for appraisal; in case where it is unable to obtain quotations from 03 local suppliers, quotations given by suppliers in other areas or announced by competent authorities or organizations with juridical persons established in accordance with regulations of law of Vietnam may be used;
- The valuation reports given by authorities competent to carry out valuation or valuation enterprise in case of purchase of assets, goods or services of which valuation is mandatory as prescribed in the Pricing Law;
- The successful bids of similar procurements which are made within the last 90 days.
If a procurement comprises multiple parts, the estimated value of each part must be specified.
What is the time limit for approval of the contractor selection plan for purchasing assets, goods and services in service of regular operations of state agencies of Vietnam?
Pursuant to Article 14 of Circular No. 58/2016/TT-BTC stipulating as follows:
Approving contractor selection plans
Heads of agencies prescribed in Article 5 of this Circular shall, after they have received valid contractor selection plans and reports on appraisal results, give written approval for contractor selection plans to use as the basis for selecting contractors after purchase estimates are approved or at the same time the approval for purchase estimates are given in cases where requirements are satisfied.
The contractor selection plan must be approved within 05 working days from the date on which the valid proposal of contractor selection plan and the report on appraisal results are received.
According to the above provisions, within 05 working days from the date of receipt of a complete report on the selection of contractors for the procurement of assets, goods and services in service of regular operations of state agencies, units of the people's armed forces, the competent authorities must approve the contractor selection plan.
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