Chương V Nghị định 63/2014/NĐ-CP: Chỉ định thầu, chào hàng cạnh tranh, mua sắm trực tiếp, tự thực hiện

Chapter V

NO-BID CONTRACT AWARDING, SHOPPING, DIRECT PROCUREMENT, AND SELF-SUPPLY

Section 1: NO-BID CONTRACT AWARDING

Article 54: Limits on no-bid contract awarding

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.

Article 55. Standard process of no-bid contract awarding

1. Preparation for contractor selection:

a) Making the request for proposals:

The request for proposals must be made in accordance with Clause 1 Article 12 of this Decree. The request for proposals shall contain summary of the project/contract; instructions on preparation and submission of the proposal; requirements with regard to the contractor’s competence and experience; criteria for technical evaluation and price determination. The contractor’s competence and experience shall be assessed as satisfactory or unsatisfactory;

b) Evaluating and approving the request for proposals, selection of the no-bid contractor:

- The request for proposals must be evaluated in accordance with Article 105 of this Decree before it is approved;

- b) The approval for invitation for bids must be granted in writing in accordance with the report on evaluation of the request for proposals.

- The eligible contractor defined in Points a, b, c, d, e and h Clause 1 Article 5 of the Law on Bidding, who is experienced and capable enough to execute the contract, shall receive the request for proposals.

2. Contractor selection:

a) The request for proposals shall be issued to the selected contractor;

b) The contractor shall prepare and submit the proposal as requested in the request for proposals.

3. Proposal evaluation and negotiation:

a) The proposal shall be evaluated in accordance with the criteria specified in the request for proposals. During the evaluation, the procuring entity shall request the contractor to enter into a negotiation, clarify, or adjust information in the proposal in order to prove that the contractor meets all requirements with regard to experience, competence, punctuality, quality, technical solutions, and administration serving the contract execution;

b) The contractor shall be selected when all of the following requirements are satisfied: the contractor has a valid proposal; the bidder’s experience, competence, and technical proposal satisfy requirements in the request for proposals; the quoted prices do not exceed the approved estimates.

4. The result of no-bid contract awarding shall be reported, verified, approved, and announced in accordance with Article 20 of this Decree.

5. Drafting and concluding the contract:

The contract between both parties must conform to the decision to approve the no-bid contract, the contract negotiation record, the proposal, the request for proposals, and relevant documents.

Article 56. Shortened process of no-bid contract awarding

1. The shortened process is applied to contracts defined in Point a Clause 1 Article 22 of the Law on Bidding, except for those that must be executed to ensure state secrets:

The investor or the regulatory body in charge of the contract shall appoint an experienced and capable contractor to execute the contract. Within 15 days from the appointment, both parties must complete the no-bid contract awarding procedures, including: preparing and sending the draft contract to the contractor, which specifies the tasks, schedule, quality, and corresponding value, then concluding the contract. According to the result of contract negotiation, the investor or the regulatory body shall approve the no-bid contract and sign the contract with the selected contractor. The contractor selection shall be announced in accordance with Point d Clause 1 Article 7 and Point c Clause 1 or Point b Clause 2 Article 8 of this Decree.

2. If the contract does not exceed the limits on no-bid contracts prescribed in Article 54 of this Decree:

a) In consideration of the targets, tasks, and approved estimates, the procuring entity shall prepare and send the draft contract to the contractor, who is considered experienced and capable enough to execute the contract by the investor. The draft contract shall specify the tasks, schedule, quality, corresponding value, and relevant contents;

b) Based on the draft contract, the procuring entity and the selected contractor shall enter into a negotiation and complete the contract, which is the basis for approving the contractor selection and contract conclusion;

c) Contract conclusion:

The contract signed by the parties must conform to the decision to the contractor selection result, the contract negotiation record, and relevant documents.

Section 2: Shopping

Article 57: Scope of shopping

1. Standard process of shopping applies to any of the contracts defined in Clause 1 Article 23 of the Law on Bidding, the value of which does not exceed VND 05 billion.

2. Shortened process of shopping applies to any of the contracts defined in Point a Clause 1 Article 23 of the Law on Bidding whose value does not exceed VND 500 million; any of the contracts defined in Point b and Point c Clause 1 Article 23 of the Law on Bidding whose value does not exceed VND 1 billion; and regular procurement contracts whose value does not exceed VND 200 million.

Article 58. Standard process of shopping

1. Preparation for contractor selection:

a) Making the request for proposals:

The request for proposals must be made in accordance with Clause 1 Article 12 of this Decree. The request for proposals shall contain summary of the project/contract; instructions on preparation and submission of the proposal; requirements with regard to the contractor’s competence and experience; criteria for technical evaluation and determination of lowest prices. The contractor’s competence and experience shall be assessed as satisfactory or unsatisfactory;

b) Evaluating and approving the request for proposals:

- The request for proposals must be evaluated in accordance with Article 105 of this Decree before it is approved;

- The approval for the request for proposals must be granted in writing in accordance with the report on evaluation of the request for proposals.

2. Contractor selection:

a) The procuring entity shall post the request for offers in accordance with Point d Clause 1 Article 7 and Point b Clause 1 or Point a Clause 2 Article 8 of this Decree.

The request for proposals shall be issued to any bidder that wishes to participate by the deadline written in the request for offers (at least 03 working days from the day on which the request is posted on the national procurement system or the Vietnam Public Procurement Review Journal);

b) The request for proposals shall be adjusted and clarified in accordance with Clause 2 Article 14 of this Decree;

c) Bidders shall send their proposals to the procuring entity directly or by post. Each bidder may submit only one proposal;

d) The procuring entity is responsible for protect the confidentiality of information in the proposals submitted by bidders. Right after the deadline for submitting proposals, the procuring entity shall open the proposals and make a bid opening record, which contains: names of bidders, offered prices, validity periods of proposals; values and validity periods of tender guarantee; contract duration. This record shall be sent to every bidder that has submitted their proposals.

3. Evaluation of Proposal evaluation and negotiation:

a) The procuring entity shall evaluate the proposals submitted. A bidder is “passed” if that bidder’s proposal is valid, the bidder’s experience and competence are satisfactory, and all technical requirements are satisfied.

b) The procuring entity shall compare offered prices in the proposals that satisfy technical requirements in order to determine the proposal that offers the lowest price. The bidder that offers the lowest price which does not exceed the contract value after error correction, adjustment of deviation, and deduction of discount (if any) shall be invited to enter into the contract negotiation;

c) The contract negotiation shall be carried out in accordance with Article 19 of this Decree.

4. Reporting, verifying, approving, and announcing contractor selection result:

The result of contractor selection shall be reported, verified, and announced in accordance with Article 20 of this Decree.

5. Drafting and concluding the contract:

The contract between both parties must conform to the decision to approve the result of shopping, the contract negotiation record, the proposal, the request for proposals, and relevant documents.

6. Schedule for standard process of shopping:

a) The minimum time limit for preparing the proposal is 05 working days from the day on which the request for proposals is issued;

b) If the request for proposals must be adjusted, the procuring entity must notify the bidder at least 03 working days before the deadline for submitting proposals;

c) Proposals shall be evaluated within 20 days from the bid opening date. Then, the procuring entity shall make a request for approval for the result of contractor selection, which is enclosed with the report on proposal evaluation.

d) The result of contractor selection shall be verified within 07 working days from the day on which the request for verification is received;

dd) The result of contractor selection shall be approved within 05 working days from receipt of request for approval from the procuring entity and the verification report from the verifying unit;

e) Other deadlines are specified in Clause 1 Article 12 of the Law on Bidding.

Article 59. Shortened process of shopping

1. Preparing and sending the request for proposals:

a) The request for quotation shall specify the tasks, technical requirements, validity period of the quotation, quotation submission date, requirements with regard to warranty, maintenance, training, transfer, contract drafting, time for preparation and submission of the quotation (at least 03 working days from the date of issue of the request for quotation) and other relevant information. Guarantee for participation in bidding shall be omitted;

b) After the request for quotations is approved, the procuring entity shall post it on a provincial newspaper, or the national procurement system, or send it directly to at least 03 capable bidders. If the request for quotations is send directly, the procuring entity shall send the request to any bidder that wishes to offers their quotations by the deadline for submitting quotations. The request for quotations shall be issued free of charged and sent directly, by post, email, or fax.

2. Submitting and receiving quotations:

a) Each contractor shall prepare and submit 01 quotation as requested. The quotation may be submitted directly, by post, email, or fax;

b) The procuring entity is responsible for protect the confidentiality of information in the quotations submitted by bidders. Right after the deadline for submitting quotations, the procuring entity make a note of receipt of quotations submitted by the deadline, which specify information such as: contains: names of bidders, quoted prices, validity periods of quotations. This note shall be sent to every bidder who has submitted their quotation.

3. Evaluation of quotations:

a) The procuring entity shall compare the quotations according to the request for quotations. Any quotation that satisfies all requirements in the request and the quoted price in which is lowest and does not exceed the contract value after error correction, adjustment of deviation, and deduction of discount (if any) shall be selected;

b) During the evaluation, procuring entity may invite the bidder that offers the lowest price after error correction, adjustment of deviation, and deduction of discount (if any) to enter into a contract negotiation.

4. Reporting, verifying, approving, and announcing contractor selection result:

The result of contractor selection shall be reported, verified, and announced in accordance with Article 20 of this Decree.

5. Drafting and concluding the contract:

The contract between both parties must conform to the decision to approve the result of shopping, the contract negotiation record, and relevant documents.

6. Schedule of shortened process of shopping:

a) Quotations shall be evaluated within 10 days from the bid opening date. Then, the procuring entity shall make a request for approval for the result of contractor selection, which is enclosed with the report on quotation evaluation.

b) The result of contractor selection shall be verified within 04 working days from the day on which the request for verification is received;

c) The result of contractor selection shall be approved within 03 working days from receipt of the request for approval from the procuring entity and the verification report from the verifying unit;

Article 3: DIRECT PROCUREMENT

Article 60: Direct procurement process

1. Preparation for contractor selection:

a) Making the request for proposals:

The request for proposals must be made in accordance with Clause 1 Article 12 of this Decree. The request for proposals shall contain the summary of the project/contract; request that the contactor update information about their competence; requirements with regard to punctuality and commitment to provide technically satisfactory goods with high quality as described in the invitation for bids, and requirements for the unit prices. If goods in the direct procurement contract is one of those in a similar contract that was signed earlier, the value of such goods must be lower than 130% of the value of the goods in the earlier contract;

b) The request for proposals must be evaluated in accordance with Article 105 of this Decree before it is approved;

c) The approval for the request for proposals must be granted in writing in accordance with the report on evaluation of the request for proposals.

2. The request for proposals shall be issued to the selected contractor; If this contractor is not capable of performing the direct procurement contract, the request for proposals shall be issued to another bidder who satisfies the requirements in Clause 3 Article 24 of the Law on Bidding.

3. The contractor shall prepare and submit the proposal as requested.

4. Proposal evaluation and negotiation:

a) Proposal evaluation:

- Check information about techniques and prices;

- Update information about the bidder’s competence;

- Assess the progress, goods supply solution, technical solutions, and measures to perform the contract;

- Other contents (if any).

b) During the evaluation, the procuring entity shall request the contractor to enter into a negotiation, clarify information in the proposal in order to prove that the contractor meets all requirements with regard to experience, competence, punctuality, quality, technical solutions, and measures to perform the contract;

c) The procuring entity must ensure that the prices for items of the direct procurement contracts do not exceed the prices for similar items of an earlier contract, and that they are conformable with market prices at the time of contract negotiation.

5. Reporting, verifying, approving, and announcing contractor selection result:

a) The result of contractor selection must be verified in accordance with Clause 1 and Clause 4 Article 106 of this Decree before it is approved;

b) The result of contractor selection must be approved in writing according to the written request for approval and the verification report;

c) The result of contractor selection shall be notified to every bidder that submits the proposal, and shall be disclosed in accordance with Point d Clause 1 Article 7 and Point c Clause 1 or Point b Clause 2 Article 8 of this Decree.

6. Drafting and concluding the contract:

The contract between both parties must conform to the decision to approve the result of direct procurement, the contract negotiation record, the proposal, the request for proposals, and relevant documents.

Section 4: SELF-SUPPLY

Article 61. Preconditions

The employment of self-supply method must be approved in the contractor selection plan in accordance with Article 25 of the Law on Bidding, and satisfy preconditions below:

1. The licensed business lines are suitable for the contract requirements;

2. The ability to mobilize manpower and equipment to ensure punctuality must be proven in the self-supply plan;

3. The unit appointed to perform the contract must not transfer any part thereof if its value is 10% of the contract value or higher than VND 50 billion, whichever come first.

Article 62: Self-supply process

1. Preparing the self-supply plan and draft the contract or assignment note:

The self-supply plan shall specify the tasks, value, duration, quality thereof, the draft contract or assignment note. If the contract is performed by a financially dependent unit, the plan must include the draft contract. If a financially dependent unit is not available, the plan must include a draft of the assignment note, which assigns an internal unit to perform the contract.

2. Completing the self-supply plan; negotiating, completing the contract or assignment note:

Discuss the information that is not clear or conformable in the self-supply plan, the draft contract, or the assignment note, and other necessary contents.

3. Signing the contract or assignment note:

The procuring entity shall sign the contract or assignment note with a unit to perform the contract.

4. If specialized law prescribes that the contract performance must be supervised, the procuring entity must select a supervisory contractor who is legally and financially independent to supervise the contract performance; If specialized laws do not require this or an independent supervisory contractor is not available because the contract has to be performed in an remote area or the contract value is below VND 01 billion, the procuring entity shall supervise the contract performance itself.

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