New points about contractor appointment and cases of application under the Bidding Law 2023

Monday, 11 September 2023 11:03 AM
The Bidding Law 2023 has been approved by the National Assembly and will take effect from January 1, 2024. For contractors and bid solicitors who are interested in how the latest regulations on contractor appointment are applied, you can find out details in the content below.
New points about contractor appointment and cases of application under the Bidding Law 2023
New points about contractor appointment and cases of application under the Bidding Law 2023

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What is direct contracting?

Contractor appointment is one of nine forms of contractor selection according to the new Bidding Law 2023, stipulated in Article 20 on forms of contractor selection.

In particular, the concept of Direct Contractor is understood as the process in which the bidding party selects only one contractor to carry out the bidding package who is determined to have the capacity and experience to carry out that bidding package. Because there was only 1 contractor identified from the beginning, there was no competition.

This form of contractor selection has a simple and quick method of implementation. This method only involves one contractor, so there will be fewer suggestions during the bidding process, minimizing errors in the process. Select the contractor due to the simplicity of the process.

Regulations on contractor appointment limits according to the Bidding Law 2023

The contractor appointment limit is the maximum value of the bidding package so that the bidding party is allowed to choose the form of contractor appointment.

The contractor appointment limit is specified in Point m, Clause 1, Article 23 of the 2023 Bidding Law as follows:
  • The bidding package under the procurement estimate has a bidding package price within the limit from over 50 million VND to 100 million VND;
  • Bidding packages belonging to investment projects of state-owned enterprises, enterprises with 100% charter capital held by state-owned enterprises and investment projects under the Public Investment Law, include:
  • The bidding package for providing consulting services has a bidding package price within the limit of no more than 500 million VND;
  • Non-consulting, goods, construction, and mixed bidding packages have a bidding package price within a limit of no more than 01 billion VND.

Cases eligible to apply for direct contracting according to the Bidding Law 2023

Cases that will be eligible to apply contractor appointment under the Bidding Law 2023 are specified in Clause 1, Article 23 of this Law.
Cases eligible to apply for direct contracting according to the Bidding Law 2023
12 cases are eligible to apply direct contracting according to the Bidding Law 2023
Direct contracting can be applied in the following 12 cases:

1. Urgent bidding package needs to be deployed to protect national sovereignty and security; The bidding package needs to be implemented to immediately overcome or promptly handle consequences caused by natural disasters, fires, unexpected accidents, incidents, disasters or other force majeure events;

2. Bidding packages for providing consulting, non-consulting, goods, and construction services need to be deployed immediately to avoid causing harm to the lives and property of the local community or to avoid serious impacts. to adjacent constructions;

3. Bidding packages for providing consulting and non-consulting services, drugs, chemicals, testing supplies, medical equipment, components, accessories, vehicles, and construction need to be deployed immediately to serve the work. prevent and control epidemics or maintain operations of medical examination and treatment facilities in urgent cases, avoiding causing harm to people's lives and health; Bidding packages for purchasing drugs, chemicals, testing supplies, medical equipment, components, and accessories to treat patients in emergency situations according to the provisions of the Law on Medical Examination and Treatment in the case of medical examination facilities , medical treatment does not have enough drugs, chemicals, testing supplies, medical equipment, components and accessories; Bidding packages for purchasing drugs and medical equipment have only one manufacturer on the market;
4. Bidding packages need to be implemented to protect state secrets;

5. Bidding packages for providing consulting services must be purchased from the contractor who has previously performed them because it is necessary to ensure compatibility in technology and copyright that cannot be purchased from other contractors; Bidding packages for procurement of goods and non-consulting services must be purchased from contractors who have previously performed the work or from the manufacturer or manufacturer's agent due to the need to ensure compatibility in technology and copyright with the websites. Equipment, machinery, software, services are available or cannot be purchased from other contractors or manufacturers due to the warranty conditions of the contractor or manufacturer;

6. Bidding packages are for research, testing, purchase of intellectual property rights, purchase of broadcast program rights; Bidding packages for transporting national reserve goods for relief and aid in cases where immediate delivery is required;

7. The bidding package for providing consulting services for preparing feasibility study reports and construction designs is assigned to the author of the successful architectural plan when that author meets the qualifications according to the provisions of law. construction law; Bidding packages for construction and restoration of monuments, reliefs, monumental paintings, and works of art associated with copyright from creation to construction; The bidding package for providing construction planning consulting services is assigned to the author of the construction planning idea or project who has been selected through the competition;

8. Consulting and construction bidding packages for relocation of technical infrastructure works to serve site clearance work; Consulting packages for bomb, mine, and explosive material clearance to prepare construction sites;

9. The bidding package has only one contractor in the market due to technological solution requirements;

10. Bidding packages belonging to important national projects are subject to the application of contractor appointment according to the resolution of the National Assembly when deciding on project investment policies;

11. Bidding package for renting a warehouse to store temporarily detained goods; Bidding packages for transporting and loading and unloading temporarily detained goods at seaports and centralized goods inspection locations in cases where there is only one service provider in the port; Bidding package for importing sports weapons to serve clubs, schools, and sports training centers for annual practice and competition;

12. Bidding packages under procurement estimates have bidding package prices within the limit from over 50 million VND to 100 million VND; Bidding packages belonging to investment projects of state-owned enterprises, enterprises with 100% charter capital held by state-owned enterprises and investment projects under the Public Investment Law, including: bidding packages for providing consulting services with The bidding package price within the limit is not more than 500 million VND, non-consulting, goods, construction, and mixed bidding packages have the bidding package price within the limit not exceeding 01 billion VND.

In case it is necessary to adjust the limit specified in this Point to suit socio-economic conditions and state management requirements, the Government shall submit it to the National Assembly Standing Committee for consideration and decision.

Regulations on time to appoint contractors according to the Bidding Law 2023

The timelines for implementing contractor appointment under the Bidding Law 2023 have been prescribed in Clause 5, Article 23 of this Law. There are 2 notes:
  • The appointment of a contractor must be made within no more than 45 days from the date of approval of the request dossier to the date of contract signing.
  • In case the bidding package is large-scale and complex, it should not exceed 90 days.

03 new points on contractor appointment in the Bidding Law 2023

Along with the important information about direct contracting that DauThau.info sent to you in the above sections, it can be seen that the new Bidding Law 2023 has some significant innovations compared to the 2013 Bidding Law. At the same time, the changes This is also related to the legalization of cases specified in Decision 17/2019/QD-TTg. In there:

1. National reserve transportation contracts for emergency relief and aid delivery that require immediate delivery.

The Bidding Law 2023 has officially regulated the selection of contractors in special cases when national reserve goods need to be delivered for immediate relief or aid. This creates a flexible mechanism to respond to emergency situations and ensures timeliness and efficiency in contractor selection.

2. Contracts for the rental of warehouses for temporary storage, contracts for the rental of transportation and cargo handling services for temporary storage at seaports, and at locations designated for the centralized inspection of goods in cases where there is only one service provider in the port:

The Bidding Law 2023 specifically identifies special cases when there is only one service provider in the port for activities such as renting warehouses to store detained goods, transporting, loading and unloading detained goods at seaports or other ports. centralized goods inspection location. This ensures flexibility and the ability to carry out unique and specific projects or activities as would be the case with only one service provider.

3. Contracts for the import of sports weapons to serve the activities of sports clubs, schools, and training centers.

Regulations in the Bidding Law 2023 specifically mention the selection of contractors when it is necessary to import sports weapons to meet the training and competition needs of clubs, schools, and sports training centers. annual. The application of this legalization ensures that the contractor selection process is conducted according to reliable processes and standards, to ensure the supply of quality sports weapons for sports activities.
03 Điểm mới về chỉ định thầu trong Luật Đấu thầu 2023
Cases of contractor appointment according to the 2023 bidding law

Does appointed contractor have to post information on the national bidding network?

This is a question that DauThau.info often receives from users, and is also information that many units are very interested in and have questions about. Accordingly, through this article about the regulations on contractor appointment under the new Bidding Law 2023, DauThau.info will answer as follows:

According to Article 7 of the Bidding Law 2023, information must be posted to the National Bidding Network System for bidding packages with the following information:
  • Information about the project and contractor selection plan;
  • Notice of invitation for interest, notice of invitation for pre-qualification;
  • Tender notice;
  • Short list;
  • Request for expression of interest documents, invitation for pre-qualification documents, bidding documents and amendments and clarifications (if any);
  • Bid opening results for online bidding;
  • Result of contractor selection;
  • Main information of the contract;
  • Information on handling violations of bidding laws;
  • Information about the contractor's contract performance results;
  • Other related information.
For bidding packages implemented in the form of contractor appointment, it is still necessary to plan contractor selection and notify contractor selection results. Therefore, when appointing contractors, the bid solicitor must still post this information to the National Bidding Network System, as well as other information arising during the contractor selection process, if the information belongs to the contractor selection process. information content mentioned above.

DauThau.info will continue to send you articles about contractor appointment as well as the latest regulations on the Bidding Law 2023 in the next articles. Please follow DauThau.info's News section to receive information. news as soon as possible!

If you have any questions while participating in bidding activities or need advice on software packages to analyze and hunt for bids, please contact DauThau.info immediately via:

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