What requirements must the bid package price of the specified bidding package in Vietnam meet?

What requirements must the bid package price of the specified bidding package in Vietnam meet?

In Clause 1, Article 22 of the Law on Bidding 2013, there is a provision on direct Contracting in the following cases:

1. Direct Contracting for contractor shall apply in the following cases:

a) Packages need to be performed to immediately overcome or timely handle consequences caused by force majeure event; packages need to be performed to ensure national secret; packages need to be carried out immediately to not cause damages directly to life, health and assets of population communities on geographical areas or to not severely affect to adjacent projects; procurement of purchasing drugs, chemicals, supplies, and health equipment in order to carry out the work of prevention and fighting of epidemics in urgent cases;

b) Urgent packages need to be carried out aiming to protect national sovereignty, national borders, and islands;

c) Packages of provision of consulting services, non-consulting services, procurement of goods which must buy from contractors performed previously due to ensuring the compatibility of technologies, copyright which not able to buy from other contractors; packages with nature of research, test; purchase of intellectual property copyright;

d) Packages provide consulting service for making feasible study reports, construction designs which have been appointed for authors of designs of works architectures who won in selection or are selected when authors have full conditions and capability in accordance with regulations; packages of construction of statues, reliefs, monumental paintings, art works in association with author right from the creation stage to stage of construction of the works;

dd) Packages of relocation of technical infrastructure works managed directly by a specialized unit in order to serve the work of ground clearance; packages of detection and disposal of bombs, mines, explosives in order to prepare construction of works;

e) Packages of providing public products and services, packages with package price in the limitation allowed to apply Direct Contracting as prescribed by Government in line with economic-social conditions in each period.

In Article 54 of Decree No. 63/2014/ND-CP, limits on no-bid contract awarding include:

Limits on no-bid contract awarding prescribed in Point e Clause 1 Article 22 of the Law on Bidding:

1. Contracts for consulting services, non-consulting services, and public services: VND 500 million; contracts for goods procurement, construction, installation, procurement of medicines, medical equipment, public procurement, mixed contracts: VND 01 billion;

2. Contracts for regular procurements: VND 100 million.

The law does not stipulate how the bidding package price for the bidding package applying appointment of contractor will be determined. But the bid package price must be within the above limit in Vietnam.

Best Regards!