Vietnam: Procedures for direct contracting if only one bidder is identified to receive request for proposal for CPTPP procurement package

Vietnam: Procedures for direct contracting if only one bidder is identified to receive request for proposal for CPTPP procurement package (Illustrative image)

Decree 95/2020/ND-CP stipulates the ordinary procedures for direct contracting if only one bidder is identified to receive request for proposals in Vietnam.

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 bidder's capacity and experience; technical evaluation criteria and determination of the direct contracting 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 bidder proposed for direct contracting: 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 bidder 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 bidder identified by the investor;

- The bidder prepares and submits the proposal in accordance with the request for proposals.

3. Evaluation of proposals and negotiation of bidder's 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 bidder for negotiations, clarifications, or amendments to supplement necessary information in the proposal to demonstrate the bidder's compliance with requirements on capacity, experience, schedule, volume, quality, technical solutions, and organization measures for executing the package;

- The bidder is proposed for direct contracting 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 contracting price not exceeding the approved package price.

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

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

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

Ty Na

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