Is it correct that it is permissible to select the highest bidder to provide the price quotation for the healthcare bidding package since February 27, 2024 in Vietnam?

Is it correct that it is permissible to select the highest bidder to provide the price quotation for the healthcare bidding package since February 27, 2024 in Vietnam?

According to Clause 2.d, Article 16 of Decree 24/2024/ND-CP, the regulation on the bidding package price and the organization of contractor selection is as follows:

Bidding package price and the organization of contractor selection

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2. Bidding package price determination:

The bidding package price is determined based on one of the following information:

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d) At least one quotation from goods or services; encouraging the collection of more than one quotation; in case of multiple quotations, the average price of the quotations is taken.

For bidding packages involving the purchase of drugs; chemicals; laboratory supplies; medical equipment; components, accessories, and replacement materials for medical equipment: based on professional requirements, the investor decides on the technical criteria and organizes the quotation collection. The investor publishes the quotation requirements on the National Bidding Network System or on the electronic portal or the electronic information page of the investor or the electronic portal of the Ministry of Health or the online public service portal for medical equipment management for a minimum period of 10 days from the date of successful publication. In case of two or more quotations, the investor selects the highest quotation that is suitable for financial capacity and professional requirements. The investor is responsible for collecting quotations to ensure transparency and openness. [...]

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Therefore, in case there are multiple quotations, the investor is allowed to select the highest quotation that is suitable for financial capacity and professional requirements to determine the price of the bidding package in the healthcare sector.

Is it correct that it is permissible to select the highest bidder to provide the price quotation for the healthcare bidding package since February 27, 2024 in Vietnam? - image from internet

What is the cost for the Advisory Council starting from February 27, 2024 in Vietnam?

According to Clause 8, Article 12 of Decree 24/2024/ND-CP, the regulations regarding the cost for the Advisory Council of the bidder in relation to the contractor selection results are calculated as a percentage of the bidder's tender price, as follows:

- For tender prices below 50 million VND, the rate is 0.03%, with a minimum of 5 million VND.

- For tender prices from 50 billion VND to below 100 billion VND, the rate is 0.025%, with a minimum of 15 million VND.

- For tender prices from 100 billion VND to below 200 billion VND, the rate is 0.02%, with a minimum of 25 million VND.

- For tender prices of 200 billion VND and above, the rate is 0.015%, with a minimum of 40 million VND and a maximum of 60 million VND.

For bidding packages using the one-stage two-envelope or two-stage two-envelope method, in cases where the bidder suggests not opening the financial proposal, the cost for the Advisory Council is determined based on the bidding package price.

What are regulations on the cost for contractor selection on the National Bidding Network System in Vietnam?

Clause 11, Article 12 of Decree 24/2024/ND-CP stipulates the following costs for contractor selection on the National Bidding Network System:

(1) The cost for maintaining the name and capability profile of the bidder on the National Bidding Network System is 330,000 VND for one year (including VAT). Bidders are required to pay this cost starting from the second year after registering to participate in the National Bidding Network System.

(2) The cost for submitting bidding documents on the National Bidding Network System is as follows:

- 330,000 VND (including VAT) for one bidding package, applicable to open bidding, restricted bidding, and online quotation following the usual procedure.

- 220,000 VND (including VAT) for one bidding package, applicable to competitive bidding.

(3) The cost for winning bidders of open bidding, restricted bidding, competitive bidding, and online quotation following the usual procedure conducted through the online bidding system is as follows:

- For bidding packages without divided sections:

Calculated at 0.022% of the winning bid price, with a maximum of 2 million VND (including VAT).

- For bidding packages with divided sections:

The total cost for winning bidders, including all winning bidders, does not exceed 2,200,000 VND (including VAT).

+ If the value of 0.022% multiplied by the total winning bid price of the bidding package is equal to or lower than 2,200,000 VND, the cost for each winning bidder is calculated at 0.022% of the total winning bid price for the sections that the bidder wins.

+ If the value of 0.022% multiplied by the total winning bid price of the bidding package exceeds 2,200,000 VND, the cost for each winning bidder is calculated using the following formula:

Cost for each winning bidder (including VAT) = 2,200,000 VND x (total winning bid price for the sections that the bidder wins / total winning bid price of the bidding package).

- The cost for connecting the electronic bid guarantee function between the National Bidding Network System and domestic credit institutions, branches of foreign banks established under Vietnamese law, non-life insurance companies in Vietnam, and branches of non-life insurance companies established under Vietnamese law is determined based on agreements between the operating and supervising units of the National Bidding Network System and these organizations and enterprises.

Best regards!