In which cases are shortened process of no-bid contract awarding assigned in Vietnam?
Question: Under the provisions of law, in which cases are shortened process of no-bid contract awarding assigned in Vietnam? Hope to get a reply soon.
In which cases are shortened process of no-bid contract awarding assigned in Vietnam?
In Article 56 of Decree 63/2014/ND-CP guiding the Bidding Law on contractor selection, there are provisions:
1. The shortened process is applied to contracts defined in Point a Clause 1 Article 22 of the Law on Bidding, except for those that must be executed to ensure state secrets:
The investor or the regulatory body in charge of the contract shall appoint an experienced and capable contractor to execute the contract. Within 15 days from the appointment, both parties must complete the no-bid contract awarding procedures, including: preparing and sending the draft contract to the contractor, which specifies the tasks, schedule, quality, and corresponding value, then concluding the contract. According to the result of contract negotiation, the investor or the regulatory body shall approve the no-bid contract and sign the contract with the selected contractor. The contractor selection shall be announced in accordance with Point d Clause 1 Article 7 and Point c Clause 1 or Point b Clause 2 Article 8 of this Decree.
2. If the contract does not exceed the limits on no-bid contracts prescribed in Article 54 of this Decree:
a) In consideration of the targets, tasks, and approved estimates, the procuring entity shall prepare and send the draft contract to the contractor, who is considered experienced and capable enough to execute the contract by the investor. The draft contract shall specify the tasks, schedule, quality, corresponding value, and relevant contents;
b) Based on the draft contract, the procuring entity and the selected contractor shall enter into a negotiation and complete the contract, which is the basis for approving the contractor selection and contract conclusion;
c) Contract conclusion:
The contract signed by the parties must conform to the decision to the contractor selection result, the contract negotiation record, and relevant documents.
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