Procedure for Simplified Contractor Designation

Law Secretary would like to address your inquiries as follows:

Depending on the type of package, the process of simplified contractor appointment may vary. According to Article 56 Decree 63/2014/ND-CP and Bidding Law 2013, there are two cases of simplified contractor appointment:

Case 1

Applicable to packages: The package needed to be implemented immediately to remedy or promptly handle the consequences caused by force majeure incidents; The package needed to be deployed immediately to avoid direct harm to the lives, health, and properties of the community in the area or to not seriously affect adjacent works; The package for purchasing drugs, chemicals, medical supplies, and equipment to conduct epidemic prevention and control in urgent cases.

Simplified contractor appointment process:

- The investor or directly responsible agency must identify and assign the competent and experienced contractor to immediately execute the package.- Within 15 days from the date of assignment, the parties must complete the contractor appointment procedures, including:

Preparing and sending the contract draft to the contractor, specifying the requirements for the scope, content of work to be performed, execution time, required work quality, and corresponding value for negotiation and contract finalization.

Based on the contract negotiation results, the investor or directly responsible agency approves the contractor appointment result and signs the contract with the appointed contractor.- The inviting party is responsible for providing information, including invitation notices for expressions of interest, prequalification invitations; invitation to bid notices, shortlist announcements; contractor selection results and investor selection results; and information related to changes in the closing time (if any) on the national bidding network system or to the Bidding Newspaper.

Regarding the time limit, process of providing and publishing the shortlist, contractor, and investor selection results:

- In case of self-posting information on the national bidding network system, organizations responsible for posting information must ensure that the information is posted no later than 07 working days from the date of issuance of the document.- In case of providing information to the Bidding Newspaper, the time limit for the Bidding Newspaper to receive information is no later than 07 working days from the date of issuance of the document. This information is published in one issue of the Bidding Newspaper.

Case 2

Applicable to packages within the contractor appointment limit, including:

- Not exceeding 500 million VND for consulting service packages, non-consulting services, public services; not exceeding 1 billion VND for procurement, construction, mixed, drug, medical supplies, and product packages;- Not exceeding 100 million VND for packages under regular procurement estimates.

The simplified contractor appointment process is conducted as follows:

- The inviting party, based on the approved objectives, scope of work, and estimates, prepares and sends the contract draft to the contractor identified by the investor as having sufficient capacity and experience to meet the package requirements. The contract draft content includes requirements for the scope, content of the work to be performed, execution time, required work quality, corresponding value, and other necessary contents.- Based on the contract draft, the inviting party and the proposed appointed contractor proceed with negotiation and contract finalization as a basis for approving the contractor selection result and contract signing;- Signing the contract.

Note, the contract signed between the parties must be in accordance with the decision approving the contractor selection result, the contract negotiation record, and other related documents.

Thus, only the packages mentioned above are applicable to the simplified contractor appointment process. And for each type of package, the simplified contractor appointment process is also implemented differently.

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