Chapter IV
DIRECT CONTRACTING, COMPETITIVE OFFERING, DIRECT PROCUREMENT, SELF-SUPPLY AND CONTRACTOR SELECTION IN SPECIAL CASES
Section 1. DIRECT CONTRACTING
Article 15. Cases where direct contracting shall be applied
1. Procurements specified in Clause 1 Article 22 of the Law on bidding, including:
a) Procurements which need to be performed to immediately overcome or timely handle consequences caused by force majeure events; procurements which need to be performed to ensure the national secret; procurements which need to be immediately carried out to avoid causing direct damages to life, health and assets of local communities or to prevent adverse affects on adjacent projects; procurements of purchasing chemicals, materials, and health equipment in order to carry out the work of prevention and fighting of epidemics in urgent cases;
b) Urgent procurements which need to be carried out aiming to protect national sovereignty, national borders, and islands;
c) The procurement of provision of consulting service or non-consulting service, or purchase of goods which must be bought from the previously selected contractor for ensuring the compatibility of technologies and copyright; procurements with nature of research or testing, or purchase of intellectual property right;
d) The procurement of provision of consulting service for making feasibility study report or construction design which is provided to qualified construction designer; procurements of construction of statues, reliefs, monumental paintings, or art works in association with author right from the creation to the construction of the works.
2. The procurement of purchase of asset/ good/ service which are in the regular purchase estimate or plan, and the value of such value shall not exceed VND 100,000,000 (one hundred million dongs).
3. The following requirements must be satisfied if the direct contracting is applied to one of procurements prescribed in Point b, c and d Clause 1 and Clause 2 of this Article:
a) The approved contractor selection plan is available;
b) The time limit for performing the direct contracting from the approving date of request for proposals to the date of signing contract shall not exceed 45 days or 90 days if the procurement has large and complicated scale;
c) The contractor who is recommended for direct contracting must be named in database on contractors as regulated by Ministry of Planning and Investment (except for the procurement specified in Clause 2 of this Article).
Article 16. Standard procedures for direct contracting
1. Procurements specified in Article 15 of this Circular (except for procurements prescribed in Point a Clause 1 and Clause 2 of this Article) may apply standard procedures for direct contracting.
2. Standard procedures for direct contracting shall comply with Article 55 of the Government's Decree No. 63/2014/ND-CP dated June 26, 2014.
Article 17. Shortened procedures for direct contracting
1. With regard to procurements specified in Point a Clause 1 Article 15, except for procurements which need to be performed to ensure the national secret:
The supervisory agency of the procurement shall determine and appoint experienced and capable contractor to execute the procurement. Within 15 days from the date on which the contract is awarded, the involved parties must complete procedures for direct contracting, including: preparing and sending the draft contract to the contractor, which specifies required tasks, schedule, quality, and corresponding value, then concluding the contract. According to the result of contract negotiation, the supervisory agency of the procurement shall approve the direct contracting result and sign the contract with the selected contractor. Direct contracting result must be disclosed as regulated by the law.
2. With regard to procurements specified in Clause 2 of Article 15:
a) The procuring agency shall, on the basis of objectives and scope of tasks, and approved estimate, prepare and send the draft contract to the experienced and capable contractor who is authorized by the competent person to execute the procurement. The draft contract shall include required tasks, working scope, schedule, quality, corresponding value, and other necessary contents;
b) Based on the draft contract, the procuring agency and the selected contractor shall negotiate and complete the contract in order to use as the basis for approving the contractor selection result and concluding the contract;
c) Contract conclusion: The contract signed by the involved parties must conform to the decision on approving contractor selection result, the written record of contract negotiation, and relevant documents.
3. For the procurements where the shortened procedures for direct contracting regulated in Clause 1 and Clause 2 of this Article are applied, if relevant agencies believe that standard procedures for direct contracting should be adopted for the purpose of ensuring managerial objectives and effective use of funding from state budget, such agencies shall follow standard procedures for direct contracting.
Section 2. COMPETITIVE OFFERING
Article 18. Scope of competitive offering
1. The competitive offering shall be applied to one of the following procurements whose value does not exceed 02 billion VND:
a) The procurement of common and uncomplicated non-consulting services;
b) The procurement of purchase of assets/goods which are commonly used (which are used by a lot of people and acquired from stable and guaranteed suppliers), readily available on the market (goods may be provided immediately without waiting for design, processing or manufacturing), are goods whose technical characteristics are standardized (according to Vietnam’s standards, basic standards, international standards or foreign standards) and quality are equivalent (goods may be replaced for each other because they have the same technical characteristics, features and other specifications).
2. The competitive offering shall be applied when all of the conditions below are satisfied:
a) There is a contractor selection plan approved by the competent person;
b) It is required to have a purchase estimate approved by the competent authority.
Article 19. Procedures for competitive offering
1. The procurement of purchase of assets/goods/services whose value is from 200 million VND to 02 billion VND shall adopt standard procedures for competitive offering as regulated in Article 58 of the Government's Decree No. 63/2014/ND-CP dated June 26, 2014 after all of conditions specified in Clause 1 of Article 18 have been satisfied.
2. The procurement of purchase of assets/goods/services whose value does not exceed 200 million VND shall adopt shortened procedures for competitive offering as regulated in Article 59 of the Government's Decree No. 63/2014/ND-CP dated June 26, 2014 after all of conditions specified in Clause 1 of Article 18 have been satisfied.
Section 3. DIRECT PROCUREMENT
Article 20. Scope and conditions for applying direct procurement
1. Direct procurement shall be applied to the purchase of similar assets and goods which belong to the same purchase estimate or different purchase estimates.
2. The direct procurement shall be applied when all of the conditions below are satisfied:
a) There is a contractor selection plan approved by the competent person;
b) It is required to have a purchase estimate approved by the competent authority;
c) The contractor has won the contract through competitive bidding or selective bidding and has signed a contract earlier;
d) The current procurement includes similar contents and characteristics, and the scale is smaller than 130% of the earlier contract;
dd) Unit prices of tasks of the direct procurement do not exceed those of corresponding tasks in the earlier contract;
e) The period of time from the conclusion date of the earlier contract to the date on which the direct procurement result is approved must not exceed 12 months.
3. If the previous contractor is no longer capable of executing the direct procurement contract, another contractor who capacity, experience, technology, and prices satisfy the requirements in the bidding documents and the previous contractor selection result may be selected.
Article 21. Procedures for direct procurement
Procedures for direct procurement shall comply with Article 60 of the Government's Decree No. 63/2014/ND-CP dated June 26, 2014.
Section 4. SELF-SUPPLY
Article 22. Conditions for conducting the self-supply
1. The self-supply shall be applied to the procurement with funding from the estimate for purchase of assets, goods and services if the technical and financial capacity and experience of the agency directly managing and using the procurement may meet requirements of such procurement.
2. The self-supply must be approved in the contractor selection plan on the basis of compliance with regulations in Clause 1 of this Article and the agency in charge of implementing the procurement must satisfy all of conditions specified in Article 61 of the Government's Decree No. 63/2014/ND-CP dated June 26, 2014. To be specific:
a) Functions, tasks, operating fields and business sectors of such agency must be in conformity with requirements of the procurement;
b) The ability to mobilize manpower, machinery and equipment to ensure the implementation progress of the procurement must be proven and specified in the self-supply plan;
c) The agency in charge of implementing the procurement must not transfer any part of the procurement if its value is from 10% of the procurement value or its value is below 10% of the procurement value but more than 50 billion VND, whichever come first.
Article 23. Procedures for self-supply
Procedures for self-supply shall comply with Article 62 of the Government's Decree No. 63/2014/ND-CP dated June 26, 2014.
Section 5. CONTRACTOR SELECTION IN SPECIAL CASES
Article 24. Conditions for employing this method
In case contractor selection methods prescribed in Articles 20, 21, 22, 23, 24 and 25 of the Law on bidding cannot apply to the procurement or the project due to special conditions, the contractor selection plan shall be considered and decided by the Prime Minister upon reports submitted by the competent person.
Article 25. Procedures for contractor selection in special cases
1. The competent person shall prepare the contractor selection plan in conformity with regulations in Article 9, Article 10 and Article 11 of this Circular, which includes the explanation about special conditions of the procurement which are the basis for proposing the contractor selection plan in special cases, and send it to Ministry of Planning and Investment to conduct the appraisal in compliance with regulations in Point b Clause 1 Article 104 of the Government's Decree No. 63/2014/ND-CP dated June 26, 2014.
2. The competent person shall, on the basis of appraisal results of the Ministry of Planning and Investment, submit the contractor selection plan to the Prime Minister for consideration and decision.
Tìm kiếm
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