Pursuant to Article 5 of Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly on fiscal and monetary policies for supporting socio-economic recovery and development program in 2022 and 2023, the Prime Minister, the head of the competent authority may consider and decide the direct contracting of “consulting bidding packages, bidding packages for relocation of technical infrastructure, bidding packages for compensation, site clearance and resettlement, construction and installation bidding packages of national important projects, large-scale important infrastructure projects being urgent in terms of transport and health infrastructure involving in the Program”.
On August 8, 2022, the Ministry of Planning and Investment issued Official Letter No. 5520/BKHĐT-QLĐT (“Official Letter 5520”) guiding the implementation of the specific mechanism for direct contracting in accordance with National Resolutions of the National Assembly, in which, specifying the procedures for implementing this mechanism. Accordingly, the direct contracting process for the aforementioned bidding packages shall be conducted as the normal direct contracting process specified in Article 55 of Decree No. 63/2014/ND-CP and be clarified in Official Letter 5520 as follows:
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Steps |
Competent authority |
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1. Preparation for contractor selection |
Prepare Request for Proposals |
The procuring entity |
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Appraise the Request for Proposals |
The evaluation organization (20-day maximum) |
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Approve the Request for Proposals |
Investors (10-day maximum) |
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2. Organization for contractor selection |
Send the Request for Proposals to determined bidders |
The procuring entity |
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Bidders prepare and submit the proposed documents |
The bidders (5-day minimum) |
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3. Assessment of the Request for Proposals |
Evaluate the Request for Proposals |
The expert group (30-day maximum) |
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Discuss on the bidders’ proposals |
The procuring entity and the bidders |
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4. Submission, appraisal, approval and publication of the direct contracting result |
Submit the direct contracting result for approval |
The procuring entity |
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Appraise the direct contracting result |
The evaluation organization (20 days maximum) |
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Approve the direct contracting result |
The investor (10-day maximum) |
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Publicize the direct contracting result |
The procuring entity 7-working day maximum) |
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5. Contract conclusion |
The investor and the bidders |
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Especially, Official Letter 5520 stressed that the bidding packages subject to specific mechanism must complete the aforementioned direct contracting procedures in advance 31/12/2023 and did not provide any extension mechanism.
Official Letter 5520 took effect on its issuance date.
Comment: