Process for Designation in Cases with Only One CPTPP Procurement Bidder

Process of direct appointment in case of only one CPTPP procurement contractor (Illustrative image)

Decree 95/2020/ND-CP stipulates the regular direct appointment process applicable in the case where only one contractor is identified to receive the request for proposals.

1. Preparation for contractor selection:

- Preparation of the request for proposals: Contents of the request for proposals include: Summary information about the project, tender package; instructions on preparing and submitting proposals; standards regarding the contractor's capacity and experience; technical evaluation criteria and determination of the direct appointment price. Use pass/fail criteria to evaluate the capacity, experience, and technical aspects; for the case specified in point i, clause 2, Article 21 of this Decree, apply the evaluation criteria according to the previously approved bidding documents. The request for proposals must specify the brand and origin of the goods;- Appraisal and approval of the request for proposals and identification of the contractor proposed for direct appointment: The request for proposals must be appraised before approval; The approval of the request for proposals must be in writing and based on the approval submission, appraised report of the request for proposals; The contractor is identified to receive the request for proposals when meeting the bidding requirements and having adequate capacity and experience to execute the tender package.

2. Organizing contractor selection:

- The request for proposals is issued to the contractor identified by the investor;- The contractor prepares and submits the proposal in accordance with the request for proposals.

3. Evaluation of proposals and negotiation of contractor proposals:

- The evaluation of proposals must be conducted according to the evaluation criteria specified in the request for proposals. During the evaluation process, the tenderer invites the contractor for negotiations, clarifications, or amendments to supplement necessary information in the proposal to demonstrate the contractor's compliance with requirements on capacity, experience, schedule, volume, quality, technical solutions, and organization measures for executing the tender package;- The contractor is proposed for direct appointment when meeting the following conditions: Having a valid proposal; possessing the required capacity, experience, and technical proposal as specified in the request for proposals; having a proposed direct appointment price not exceeding the approved tender package price.

4. Submission, appraisal, approval, and public announcement of direct appointment results.

5. Contract finalization and signing: The contract signed between the parties must comply with the approved direct appointment result decision, contract negotiation minutes, proposal, request for proposals, and other related documents.

Details can be found at Decree 95/2020/ND-CP effective from August 24, 2020.

Ty Na

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