Regulations on ensuring competition in bidding according to the Bidding Law 2023

Ensuring competition in bidding to ensure competition and fairness among participating contractors, creating favorable conditions for investors to choose reputable and quality contractors at the most reasonable price.

Pursuant to Article 6 of the Bidding Law 2023, ensuring competition in bidding is prescribed for each subject, specifically:

Contractors submitting expressions of interest and prequalification applications must be legally and financially independent from the following parties:

Ensuring competition for contractors participating in bidding

Bidding contractors must be legally independent and financially independent as prescribed in Point d, Clause 1, Article 6 of the 2023 Bidding Law and with the following parties:

• Project management and supervision consultants; Consulting contractors prepare, verify, and evaluate design documents and estimates; Consulting contractors to prepare and evaluate survey and design tasks; Consulting contractors prepare and evaluate bidding documents and request documents; Consulting contractors evaluate bids and proposals; The consulting contractor evaluates the results of contractor selection for that contract package.
• Other contractors participate in the same bidding package for limited bidding.

Ensuring competition for consulting contractors supervising contract implementation, contractors implementing contracts, consulting consulting on bidding packages

The consulting contractor supervising contract implementation, the contractor executing the contract, and the consulting contractor inspecting the contract must be legally and financially independent of each other.

• Ensuring competition for investors
• Investors participating in the bidding must be legally and financially independent from the following parties:
• Competent authority, bidding party;
• Consulting contractors prepare and evaluate bidding documents; Consulting contractors evaluate bids; The consulting contractor evaluates the results of investor selection until the date of signing the business investment project contract.

Conditions for evaluating contractors are legally independent and financially independent

Contractors specified in sections 1, 2 and 3 above are assessed as legally independent and financially independent when they fully meet the following conditions:

• Not belonging to the same agency or organization directly managing a public service unit.
• The contractor and the investor and the bidding party do not have shares or capital contributions of more than 30% of each other.
• Bidders do not have shares or capital contributions of more than 20% of each other when participating in a bidding package for limited bidding.
• The contractor participating in the bidding with the consulting contractor for that bidding package does not have each other's shares or capital contributions; do not have shares or capital contribution of more than 20% of another organization or individual with each party.

Above is all the information related to ensuring competition in bidding according to the Law on Bidding 2023. We hope that the above sharing from DauThau.info will help your businesses better understand about ensuring competition in bidding from That applies effectively to the bidding work of businesses.

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