Amendment to the procedures for ordinary contractor selection when only one contractor is identified to receive the request for proposal in Vietnam

Amendment to the procedures for ordinary contractor selection when only one contractor is identified to receive the request for proposal in Vietnam

Decree 17/2025/ND-CP has amended and supplemented points a and c, clause 2, Article 76 of Decree 24/2024/ND-CP regarding the standard contractor selection process applicable in cases where only one contractor is identified to receive the request dossier as follows:

- Amendment and supplementation of point a concerning the preparation of the request dossier as follows:

The contents of the request dossier include: a summary of the project, procurement estimates, the bidding package; guidelines for preparing and submitting proposals; evaluation criteria for the contractor's capability and experience; technical evaluation criteria; determination of contractor selection prices; contract conditions.

Use pass/fail criteria to assess capability, experience, and technical evaluation for construction, goods procurement, non-consultancy, and mixed packages; use scoring criteria for technical evaluation for consultancy packages. The request dossier clearly states the mark, brand, and specific origin of the goods, and any relevant technical and service requirements (if any);

- Amendment and supplementation of point c regarding the identification of the prospective contractor invited to receive the request dossier as follows:

Based on the scale and nature of the package and preliminary information about a contractor capable of executing the package, the investor identifies a contractor expected to be invited to receive the request dossier; evaluation of the capability and experience of the projected contractor to receive the request dossier is not required when identifying this contractor.

The contractor projected to be selected and receive the request dossier must have legitimate status as specified in points a, b, c, d, e, g, and i, clause 1, Article 5 of the Bidding Law 2023 (amended 2024); for contractors that are business households with legitimate status as stipulated in points a, b clause 2 and points d, e clause 1, Article 5 of the Bidding Law 2023 (amended 2024). For goods procurement packages, individual contractors or groups of individuals offering their innovative products are projected to be selected and receive the request dossier when they meet the legitimate status regulated in clause 3, Article 5 of the Bidding Law 2023. If relevant laws require that a contractor participating in the bidding process or executing the contract be independent of other organizations or individuals, compliance with such regulations is mandatory.

More details can be found in Decree 17/2025/ND-CP, effective from February 6, 2025.

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