What are conditions for consideration for recommendation as the winning bidder for bidding the non-consulting service provision, goods procurement, works and mixed packages in Vietnam?

What are conditions for consideration for recommendation as the winning bidder for bidding the non-consulting service provision, goods procurement, works and mixed packages in Vietnam?

Hello Lawnet. My name is Minh Nghia. Currently, I am learning about legal regulations related to bidding law. While researching the regulations related to this issue, I had many unanswered questions. I want to ask the following question: What are conditions for consideration for recommendation as the winning bidder for bidding the non-consulting service provision, goods procurement, works and mixed packages in Vietnam? Thank you!

Answer:

Pursuant to Article 43 of the Law on Procurement in 2013 stipulating conditions for consideration for recommendation as the winning bidder for bidding the non-consulting service provision, goods procurement, works and mixed packages in Vietnam as follows:

1. The supplier of non-consulting service, goods, works, mixed packages shall be considered for recommendation as the winning bidder upon satisfying the following conditions:

a) Having valid Bid and Proposal ;

b) Having qualifications satisfying requirements;

c) Having Technical Proposal satisfying requirements;

d) Having deficient discrepancies not exceeding 10% of Bid Price;

dd) Having bid price after the errors have been rectified and discrepancies have been adjusted, minus value of discount (if any) being lowest price for Least-Cost Selection; having the lowest assessment price for Lowest Evaluated Bid Selection; having the highest collective points for the Quality- and Cost-Based Selection;

e) The bidder has the proposed successful bid not exceeding the approved package price. If the approved estimated budget of procurement is lower than or higher than the approved package price, this estimate shall replace package price as basis for consideration for recommendation as the winning bidder.

2. For bidders fail to be selected, in notice of bidder-selection result must clearly state the reason thereof.

What are conditions for application for recurrent procurement in Vietnam?

Hello Lawnet. My name is Minh Nghia. Currently, I am learning about legal regulations related to bidding law. While researching the regulations related to this issue, I had many unanswered questions. I want to ask the following question: What are conditions for application for recurrent procurement in Vietnam? Thank you!

Answer:

Pursuant to Article 46 of the Law on Procurement in 2013 stipulating conditions for application for recurrent procurement in Vietnam as follows:

Regulatory agencies, political organizations, socio-political organizations, socio-political-occupational organizations, social organizations, socio-occupational organizations and units of the People’s armed forces, and public non-business units may apply the recurrent procurement of goods and services upon satisfying all the following conditions:

1. Use the capital sources for recurrent procurement;

2. Goods and services under list of goods and services allowed applying recurrent procurement to maintain regular activities of agencies, organizations and units.

What are conditions for application of direct procurement in Vietnam?

Hello Lawnet. My name is Trung Dung. Currently, I am learning about legal regulations related to bidding law. While researching the regulations related to this issue, I had many unanswered questions. I want to ask the following question: What are conditions for application of direct procurement in Vietnam? Thank you!

Answer:

Pursuant to Clause 2 Article 24 of the Law on Procurement in 2013 stipulating conditions for application of direct procurement in Vietnam as follows:

Direct Procurement shall be performed when satisfying all following conditions:

a) The contractor has won bidding through open or limited bidding and has signed performance contract of previous package;

b) The package has similar content, nature, and scale less than 130% of package signed contract previously;

c) The unit price of the items of a package for which the form of Direct Procurement is applied shall not exceed the unit price of the corresponding items of the previous similar package for which a contract was signed;

d) Time-limit from signing contract of previous package to day of approving result of Direct Procurement does not exceed 12 months.

If contractor performed the previous contract is not able to continue performance of package of Direct Procurement, form of Direct Procurement shall be applied to other contractor if such contractor satisfies requirements on capability, experiences, techniques and price according to the previous Bid and result of selection of bidder.

Best regards!