Accordingly, this Circular does not regulate investment in construction investment projects; investment and procurement using enterprise capital and development funds for public service units in the People's Public Security; purchase of supplies, raw materials, and services for production that are not ordered or assigned production tasks by competent agencies and persons.

Investment and procurement contents not specified in this Circular shall be implemented in accordance with the provisions of law on public investment; bidding; state budget; management and use of public assets and other relevant regulations.

Illustration photo: dantri.com.vn

Notably, Article 22 of the Circular stipulates contractor selection; appraisal and approval of contractor selection results. In particular, it stipulates the time for approving the overall contractor selection plan, contractor selection plan, bidding documents, request documents, list of contractors meeting technical requirements and contractor selection results: No more than 5 working days from the date of receiving complete documents for approval (after appraisal).

Time for preparing bidding documents: According to the provisions in Point b, Point c, Point d, Clause 1, Article 45 of the Law on Bidding; the time for preparing proposal documents is from 3 working days to no more than 10 days, depending on the scale and nature of the bidding package and to ensure the progress of project and bidding package implementation.

The maximum time for evaluating proposal documents is 30 days (for domestic bidding) and 40 days (for international bidding); the maximum time for evaluating bid documents is 45 days (for domestic bidding) and 60 days (for international bidding) from the date of closing of bids to the date the bid solicitor or expert team submits to the investor for approval of the contractor selection results. In case it is necessary to extend the time for evaluating bid documents or proposal documents, which prolongs the time for organizing contractor selection, the investor shall report to the person approving the contractor selection plan for consideration and decision; for bidding packages applying the form of designated bidding, the investor shall report to the person approving the contractor selection plan for consideration and decision on extending the time for evaluating proposal documents to be consistent with the actual time for implementing the bidding package and must ensure that it does not exceed the total time for implementing the designated bidding specified in Clause 5, Article 23 of the Law on Bidding.

To organize the selection of contractors, the investor decides to establish an expert team, or appoint a subordinate unit, assign it to a subordinate payment unit, or select a bidding consulting unit in case the personnel do not meet the requirements to perform some tasks of the purchasing unit; appoint a subordinate unit with capacity and experience, or establish an appraisal team, or select a consulting contractor in case the personnel do not meet the requirements to appraise the contents under the decision-making authority.

For procurement packages for goods and services with selling prices determined by the State as prescribed in Appendix No. 2 issued with Price Law No. 16/2023/QH15, the purchasing unit is free to decide on the selection of contractors on the basis of ensuring publicity, transparency, economic efficiency and accountability to competent authorities.

If the bidding documents contain contents or conditions that limit the participation of bidders or create advantages for one or several bidders, causing unfair competition, these contents and conditions will be considered invalid and will not be the basis for evaluating the bidding documents; the determination of these contents and conditions shall be carried out in accordance with the provisions of the law on bidding.

The bidding documents state the origin by country or territory; in case the origin regulations do not include Vietnam, goods of Vietnamese origin will still be considered, evaluated and enjoy incentives. For domestic bidding packages for goods procurement with at least 3 manufacturers for 1 item of Vietnamese origin meeting technical, quality and price requirements, the investor decides to require bidders to offer goods of Vietnamese origin.

When submitting a shortlist of invitations to participate in restricted bidding or a list of contractors expected to be invited to receive bidding request documents, the submitting agency must clearly explain the basis for the proposal for the investor to consider and decide.

For the bidding package, the Ministry of Public Security approves the contractor selection plan. When requested by the Ministry's leaders, the investor shall report and ask for opinions before approving the contractor selection results according to authority.

The decision approving the contractor selection results clearly states: List, type, quantity, brand, code, year of manufacture, configuration, technical parameters, origin of the winning goods, winning unit price, total winning value, taxes, fees (if any), name and address of the winning contractor. For the packages approved by the Ministry of Public Security for contractor selection plan, after the decision approving the contractor selection results is issued, the purchasing unit shall send the Department of Planning and Finance 1 copy for general management and monitoring.

QUANG DUY

    Source: https://www.qdnd.vn/quoc-phong-an-ninh/tin-tuc/quy-dinh-moi-ve-dau-tu-mua-sam-trong-cong-an-nhan-dan-831836