17:15 | 24/02/2023

What are regulations on evaluating bids/request for proposals regarding drug procurement in Vietnam?

Hello Lawnet. I have a question as follows. What are regulations on evaluating bids/request for proposals regarding drug procurement in Vietnam? Thank you!

Pursuant to Article 31 of the Circular 15/2019/TT-BYT (takes effect from 01/10/2019) stipulating regulations on evaluating bids/request for proposals regarding drug procurement in Vietnam as follows:

1. Depending on the nature and value of the contract package, the method and procedure for contractor selection, the head of the health facility shall select one of the method for evaluating bids/proposals specified in Article 39 and Article 41 of Law on Bidding. The evaluation method must be specified in bids/request for proposals.

2. The procuring entity shall evaluate bids/proposals for each part of the procurement in accordance with the Law on Bidding and regulations of the Ministry of Health on preparing bids/proposals for supply of drugs.

The evaluation of ability and experience of contractors shall be based on the total parts of the contract package that the contractors participated.

3. The standards for evaluating bids/proposals shall comply with provisions in the bidding documents specified in Appendix 7 or Appendix 8 enclosed herewith and shall be specified in the bidding documents/request for proposals. Procuring units shall follow regulations on incentives in Article 3 through 6 of Decree No. 63/2014/ND-CP.

4. Procedures for evaluating bids/proposals shall depend on the contractor selection procedures approved by a competent authority, to be specific:

Single-stage one-envelop procedure: Article 15 through 18 of Decree No. 63/2014/ND-CP shall be applied ;

Single-stage two-envelop procedure: Article 27 through 30 of Decree No. 63/2014/ND-CP shall be applied ;

5. Time limit for evaluating proposals is up to 30 days; time limit for evaluating bids is 45 days (25 days for small procurements) from the bid closing to the day on which the procuring entity submits the contractor selection result to the head of the health facility for approval. In case of competitive bidding and selective bidding under single-stage two-envelop procedures, the time limit for evaluating bids shall be the total time for evaluating technical proposals (from the bid closing date to the day on which the head of the health facility approves the list of bidders satisfying technical requirements) plus (+) the time for evaluating financial proposals (from the day on which financial proposals are opened to the day on which the procuring entity submits the contractor selection result to the head of the health facility for approval). Where necessary, the time limit for evaluating bids/proposals may be extended for up to 20 more days as long as the drug supply schedule is met.

Above are regulations on evaluating bids/request for proposals regarding drug procurement in Vietnam.

Best regards!

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