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Can use results of a shopping package to purchase directly?

Fri, 12 Jan 2018 09:37:35 AM GMT + 7    Print   Email   Share:

 (Chinhphu.vn) – The Law on Procurement provides for direct procurement applicable to bidding packages for the procurement of similar goods of the same project, the same procurement estimates or other projects and procurement estimates.

 

On July 5, 2016, Sa Thuy Rubber Joint Stock Company signed a contract for the procurement of goods, the form of domestic shopping. By May 18, 2017, a decision was made to approve the results of direct procurement and the same goods (the same goods signed on July 5, 2016).

Through the receiving and responding system to recommendations of enterprises, the company would like to ask, to the present time on July 25, 2017, does the company need to procure the same kind of goods, so which purchase form is in line with the current law? Can the company use direct purchase?

 

Regarding this issue,  the Ministry of Planning and Investment has the following opinions:

Article 24 of the Law on Procurement has provided for direct procurement applicable to bidding packages for the procurement of similar goods under the same project, procurement estimates or projects and other procurement estimates. Direct procurement shall be carried out when the following conditions are met:

- The contractor has won the contract through open bidding or restricted bidding and had signed a contract for implementation of the previous bidding package.

- The package has the same content and nature and is not over 130% of the previous contract.

- The unit price of the parts of the bidding package used for direct procurement must not exceed the unit prices of the corresponding parts of the same package which have been signed before the contract.

- The duration from the signing of the contract of the previous bidding package to the date of approval of the results of direct procurement shall not exceed 12 months.

For the case stated in the document of Mr. Dang Quoc Duy, the application of the form of direct procurement must comply with the above provisions. Accordingly, if the investor applies the results of the bidding package of the previously competitive bidding organization for direct procurement, it does not comply with the above-mentioned regulations.

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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