What are contents of contractor selection plan for each procurement package under the CPTPP Agreement in Vietnam?

What are contents of contractor selection plan for each procurement package under the CPTPP Agreement in Vietnam?

In Article 29 of Decree 95/2020/ND-CP as amended and supplemented by Clause 9, Article 1 of Decree 09/2022/ND-CP stipulating contents of contractor selection plan for each procurement package, as follows: :

1. Bidding package name:

The name of the bidding package shows the nature, content and scope of work of the bidding package, in accordance with the contents stated in the project and procurement estimate. In case the bidding package consists of many separate parts, the contractor selection plan should state the name showing the basic content of each part.

2. Bidding package price:

a) The bid package price is determined on the basis of the total investment or estimate (if any) for the project; Procurement estimates for recurrent purchases. In case the cost estimate has been approved before making the contractor selection plan, the cost estimate shall be based on the estimate to make the bid package price. The bid package price is correctly calculated, fully accounting for all costs to implement the bidding package, including contingency costs (contingency costs for arising workloads, contingency costs for price slippage factors), fees , fees and taxes. The determination of contingency costs must be suitable to the conditions, scale and nature of each bidding package on the basis of compliance with specialized laws.

For a construction service bidding package with a contract duration of less than 12 months, no risks or price slippage, the provisioning cost is calculated at zero. Provision expenses shall be determined by the investor according to the nature of each bidding package but must not exceed the maximum level prescribed by specialized laws. The bid package price is updated within 28 days before the bid opening date if necessary;

b) For bidding packages providing consulting services for making pre-feasibility study reports, feasibility study reports, the bid package price is determined on the basis of information on the average price according to statistics of the projects. the project has been executed within the specified time period; estimate the total investment according to the investment rate norm; preliminary total investment;

c) In case the bidding package consists of many separate parts, the estimated price for each part of the bidding package price shall be clearly stated;

d) In estimating the value of a procurement for the purpose of ascertaining whether it is a procurement covered by this Decree, the procuring agency shall include the estimated maximum total value of the procurement over its entire duration, taking into account all forms of remuneration, including premiums, fees, commissions and interest, or other payments made under contracts; in case of a procurement applying the option to buy as prescribed in Clause 3 of this Article, the value of the procurement shall also include the total value of that option for the purpose of comparison to the relevant threshold specified in Appendixes I, II and III enclosed herewith;

dd) For a package of non-consulting services under the regular procurement estimate, it is necessary to make a long-term commitment with the supplier (more than one year) such as transmission line and station rental services; renting technical infrastructure; software rental; domain names, servers and electronic data storage services; warranty support services, hardware and software system operation, and user support services, the bid package price (estimated cost for the entire contract), the expected value of payment to the contractor must be clearly stated over the years.

e) For a centralized procurement or recurring procurement divided into separate procurements, the calculation of the value of a procurement shall be based on:

- The demand during a year for the purpose of avoiding division of the procurement into separate parts;

- The online contractor selection results of the same type of good or service during the preceding 12 months before the contractor selection plan is given approval, taking into account the conformity with the quantity and market value of the good or service being procured. In case the online contractor selection results are not available, the offline contractor selection results or at least 03 quotations shall be employed, taking into account their conformity with the quantity and market value or reference values announced by suppliers and obtained through the Internet of the good or service being procured.

3. Additional purchase options (if any):

In case the bidding package applies an additional purchase option, the contractor selection plan must clearly state the value of the additional purchase option. The option to buy more is only applied when funding is available for this part of the job.

4. Capital sources:

For each bidding package, it is required to clearly state the source of capital or the method of capital arrangement, the time of funding to pay the contractor; in case official development assistance or concessional loans are used, the name of the donor and the structure of capital sources, including sponsorship and domestic counterpart funds, must be clearly stated.

5. Form and method of contractor selection:

For each bidding package, the form specified in Articles 20 and 21 of this Decree and the method of contractor selection specified in Articles 22, 23, 24 and 25 of this Decree must be clearly stated; selection of local or international contractors, whether or not shortlisting procedures apply.

6. Time to start organizing contractor selection:

The time to start the organization of contractor selection is counted from the date of issuance of the bidding documents, dossiers of requirements. In case of open bidding with application of short list selection procedure, the time to start organizing contractor selection shall be counted from the date of issuance of the request for expression of interest and dossier of invitation for prequalification.

7. Type of contract:

In the contractor selection plan, the type of contract must be clearly defined as prescribed in Article 80 of this Decree as a basis for making the request for expression of interest, dossier of invitation for pre-qualification, bidding dossier, dossier of requirements; contracting.

8. Contract performance time:

Contract performance time is the number of days from the effective date of the contract to the date on which the parties fulfill their obligations as prescribed in the contract, excluding the time for performing warranty obligations (if any).

What is responsibility for submitting the procurement contractor selection plan for approval under the CPTPP Agreement in Vietnam? 

According to Clause 1, Article 30 of Decree No. 95/2020/ND-CP stipulating responsibility for submitting the procurement contractor selection plan for approval under the CPTPP Agreement, specifically as follows:

1. Responsibility for submitting the contractor selection plan for approval:

a) The investor for projects, the bid solicitor for regular procurement shall submit the contractor selection plan to the competent person for consideration and approval;

b) For bidding packages that need to be implemented before a decision on project approval is issued, if the investor is identified, the unit affiliated to the investor is responsible for submitting the contractor selection plan to the head of the project owner. for review and approval. If the investor has not been identified, the unit assigned to prepare the project is responsible for submitting the contractor selection plan to the head of its unit for consideration and approval.

What are documents attached to document submitted for approval of procurement contractor selection plan under the CPTPP Agreement in Vietnam? 

Pursuant to Clause 3, Article 30 of Decree No. 95/2020/ND-CP stipulating a document for submission of the contractor selection plan for approval includes the following contents:

3. Documents attached to the document submitted for approval of the contractor selection plan:

When submitting the contractor selection plan for approval, the photocopies of documents used as a basis for making the contractor selection plan must be enclosed as prescribed in Article 28 of this Decree.

Best Regards!