Is It Possible to Directly Appoint the Contractor Who Won the Most Recent Bid for the Same Project?

According to Clause 1, Article 22 of the 2013 Law on Bidding, regulations on contractor appointment are as follows:

- The bidding package that needs to be implemented immediately to remedy or promptly handle the consequences caused by force majeure; the bidding package that needs to be implemented to ensure state secrecy; the bidding package that needs to be implemented immediately to avoid direct harm to the life, health, and property of the community in the area or to avoid serious impact on adjacent constructions; the bidding package for purchasing drugs, chemicals, supplies, and medical equipment to carry out urgent epidemic prevention and control work;

- The urgent bidding package that needs to be implemented to protect national sovereignty, national borders, and islands;

- The bidding package for providing consulting services, non-consulting services, and procurement of goods that must be purchased from the previously performed contractor to ensure compatibility in technology, copyright that cannot be purchased from another contractor; the bidding package of a research and experimental nature; purchase of intellectual property rights;

- The bidding package for providing consulting services to prepare feasibility study reports, construction designs that are appointed to the author of the winning architectural design or selected design when the author meets the capacity conditions as prescribed; the bidding package for constructing monuments, reliefs, large-scale paintings, artworks linked with copyright from creation to construction;

- The bidding package for relocating technical infrastructure works directly managed by a specialized unit to serve the land clearance work; the bidding package for demining, and clearing explosive materials to prepare construction land;

- The bidding package for providing public products and services, the bidding package with a package price within the limit applicable for contractor appointment as stipulated by the Government of Vietnam in accordance with socio-economic conditions in each period.

=> Thus, to ensure compatibility with previously provided software, you can appoint the bidder who supplied that software.

The editorial board informs you.