Shortened contractor appointment process under 100 million according to Vietnamese law in 2022
The shortened contractor appointment process is one of the regulations that many readers are interested in in the 2013 Bidding Law. The following article will mention some legal provisions related to the “Shortened contractor appointment process. under 100 million according to Vietnamese law in 2022“. Through this article, we hope to be able to answer questions from readers about legal issues in the process of short appointment of contractors under 100 million as well. such as answering questions about which cases are shortened contractors? or What are the steps involved in the shortened contractor appointment process under 100 million in 2022?
Legal grounds
Decree 63/2014/ND-CP
Circular 58/2016/TT-BTC
Shortened contractor appointment process under VND 100 million
Short appointment of contractors is one of the forms of contractor selection specified in the bidding law. Due to the simple contractor selection procedure and short implementation time, many investors want to apply this method to speed up the progress of bidding packages and projects and reduce risks for investors
Cases of appointment of contractor
According to Circular 58/2016/TT-BTC stipulating, the following cases may apply contractor appointment:
- Bidding packages that need to implemented to immediately remedy or promptly handle consequences caused by force majeure events then;
- Bidding packages to performed to protect state secrets;
- The bidding package should deployed immediately to avoid causing direct harm to the lives, health and properties of the local community or to not seriously affect adjacent works then;
- Bidding packages for purchasing chemicals, medical supplies and equipment to carry out epidemic prevention and control in urgent cases then;
- A bidding package for procurement of assets, goods and services under a regular procurement scheme or estimate must have a bid package price not exceeding VND 100,000,000 (one hundred million dong) then.
The process of appointing contractors under 100 million VND
- Firstly, The investor or the agency directly responsible for managing the bidding package shall determine; and assign the capable and experienced contractor to immediately execute the bidding package.
- Secondly, Within 15 days from the date of contract award, the parties must complete the contractor appointment procedures, including: Prepare and send the draft contract to the contractor, specifying the requirements on the scope and content of the work to be performed. implementation time, quality of work to be achieved and corresponding value to negotiate and finalize the contract.
- Thirdy, On the basis of contract negotiation results, the investor or the agency directly responsible for managing the bidding package; approves the contractor appointment results and signs a contract with the designated contractor.
In addition
The publicity of contractor appointment results as prescribed in Point d Clause 1 Article 7 and Point c Clause 1 or Point b Clause 2 Article 8 of Decree 63/2014/ND-CP.
Forbidding packages within the limit of contractor appointment as prescribed in Article 54 of Decree 63/2014/ND-CP:
- Firstly, The bid solicitor shall, based on the approved objectives, scope of work and cost estimate, prepare and send the draft contract to the contractor who determined by the investor to have sufficient capacity and experience to meet the requirements of the bidding package. . Contents of the draft contract include requirements on scope, content of work to performed, time for implementation, quality of work to achieved, corresponding value and other necessary contents;
- Secondly, On the basis of the draft contract, the bid solicitor and the contractor proposed to appoint the contractor shall negotiate and finalize the contract as a basis for approving the contractor selection results and signing the contract;
- Thirdly, Contract signing (The contract signed between the parties must be consistent with the decision approving the contractor selection result, the contract negotiation minutes and other relevant documents.)
Shortened contractor appointment document under 100 million VND
Pursuant to Article 56 of Decree 63/2014/ND-CP, the shortened appointment of the contractor will not have to prepare the requested file but must prepare and send the draft contract to the contractor; who determined by the investor to be qualified. capacity and experience to meet the requirements of the bidding package. The content of the draft contract includes requirements on scope, the content of work to performed, time for implementation, quality of work to achieved, corresponding value, and other necessary contents.
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Related questions
Required documents include:
– Firstly, Instructions on the preparation and submission of proposals;
– Secondly, Brief information about the project or bidding package;
– Thirdly, Standards on capacity and experience of contractors;
– And Standards for technical evaluation and determination of contractor appointment prices;
– Finally, Using pass/fail criteria to assess capacity, experience, and technical assessment.
Forbidding packages for procurement of assets, goods, and services under the regular procurement scheme or estimate, the package price must not exceed 100 million VND as specified in Clause 2, Article 15 of Circular No. 58/2016/TT-BTC must have an approved contractor selection plan (according to point a clause 3, Article 15 of Circular No. 58/2016/TT-BTC).
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