What is supplementary contractor selection plan after the plan has been approved in Vietnam?

What is supplementary contractor selection plan after the plan has been approved in Vietnam?

According to Article 9 of Circular 10/2015/TT-BKHDT stipulating supplementary contractor selection plan are as follows:

1. If the approved contractor selection plan has to be revised, only the revisions are subject to approval. The supplementary contractor selection plan must be posted before the bid closing time, except for the case in Clause 2 and Clause 8 Article 117 of Decree No. 63/2014/NĐ-CP.

2. With regards to the tasks that initially do not require contractor selection and then require contractor selection, only such tasks are subject to approval.

According to this Article, the approved contractor selection plan has to be revised, only the revisions are subject to approval in Vietnam.

What is posting the contractor selection plan after the plan has been approved in Vietnam?

According to Clause 1, Article 9 of Circular 10/2015/TT-BKHDT stipulating supplementary contractor selection plan are as follows:

1. If the approved contractor selection plan has to be revised, only the revisions are subject to approval. The supplementary contractor selection plan must be posted before the bid closing time, except for the case in Clause 2 and Clause 8 Article 117 of Decree No. 63/2014/NĐ-CP.

According to Clauses 2 and 8, Article 117 of Decree 63/2014/ND-CP stipulating handling of bidding cases includes:

2. If the approved contract estimate is different from the contract value in the approved plan to select the contractor, such contract estimate shall replace such contract value as follows:

a) If the approved estimate is higher than the contract value in the plan to select the contractor but such estimate is lower than the total investment of the project and the approved budget estimate, the plan to select the contractor shall not be adjusted. If the approved estimate is higher than the total investment of the project and the approved budget estimate, the plan to select the contractor shall be adjusted; if the method for selecting the contractor in such plan is no longer conformable, such method shall be adjusted;

b) If the approved estimate is lower than the contract value in the plan to select the contractor but the method for selecting the contractor in such plan is not changed, the plan shall not be adjusted; if the method for selecting the contractor needs adjusting to be conformable with the new value of the contract according to the approved estimate, the plan shall be adjusted.

...

8. If the bids by the bidders meeting the technical requirements and included in the ranked list exceed the approved contract value (after error correction, adjustment of deviation, and deduction of discount), such case shall be handled by either:

a) allowing such bidders to submit new bids if the contract value includes the constituents of the contractual cost;

b) allowing such bidders to summit new bids and the procuring entity to request the investor to reconsider the approved contract value and invitation for bid, if necessary.

If the bidders are allowed to submit new bids, the deadline for the preparation and submission of new bids must be specified. The bidders shall submit new bids within 10 days from the day on which the procuring entity send the written request for the submission of new bids. The opening of bid-envelopes submitting new bids shall be specified according to the procedures for bid opening prescribed in Article 29 of this Decree. If the contract value in the approved plan to select the contractor needs adjusting, the competent persons shall give a decision on such adjustment within 10 days from the receipt of such adjustment and before the deadline for the submission of new bids;

c) allowing the bidder ranked first to enter into the price negotiation provided that the negotiated price shall not exceed the bid (after error correction, adjustment of deviation, and deduction of the lowest discount). If the contract value in the approved plan to select the contractor needs adjusting, the competent persons shall give a decision on such adjustment within 10 days from the receipt of the request for such adjustment. If such negotiation collapses, the bidder ranked next shall be invited. This method shall apply on only the open bidding contracts and the investors shall be responsible for the competitiveness, impartiality, transparency and economic effectiveness of the contracts.

According to Article 8 of Circular 10/2015/TT-BKHDT, posting the contractor selection plan is as follows:

1. The procuring entity has the responsibility to post the approved contractor selection plan to national bidding network within 07 working days from the day on which it is issued. If the investor has not established or selected the procuring entity, the investor shall post the plan.

2. Disclosure of information about projects, procurements classified as state secrets shall comply with regulations of law on protection of state secrets.

According to this Article, the supplementary contractor selection plan after the plan has been approved in Vietnam must be posted before the bid closing date, except for a few exceptions mentioned above.

The posting of the contractor selection plan is done by the bid solicitor or by the investor himself. For projects and bidding packages on the list of state secrets, the disclosure of information shall comply with the provisions of the law on assurance of state secrets in Vietnam.

Your company can publish its own ontractor selection plan. The posting is done before the bid closing date or other time as prescribed above.

What are regulations on approving contractor selection plan in Vietnam?

According to Article 7 of Circular 10/2015/TT-BKHDT on approving contractor selection plan as follows:

1. According to the appraisal report, the competent person shall issue a written approval for the contractor selection plan, which is the basis for contractor selection as soon as or after the project is approved.

The decision on approval for contractor selection plan is made according to form No. 3 enclosed herewith.

2. Bidding supervision:

a) In necessary cases at the request of the appraising organization, the competent person shall decide whether to supervise the bidding process if the investor that regularly receives enquiries or complaints, the procurement applies direct contracting; the procurement has a high value, high or special technical requirements. If supervision is requested, the decision on approval for the contractor selection plan must specify whether the supervision is a task that requires contractor selection, the procurements that need supervising, and supervising entities;

b) The competent person shall appoint qualified individuals or units to supervise the investor’s performance during the contractor selection process to ensure conformity with regulations of law on bidding.

3. The contractor selection plan shall be approved within 05 working days from the day on which the appraisal report is received.

The above is the law on approving the contractor selection plan in Vietnam.

Best Regards!