The latest forms of contractor selection today

Article overview

Forms of contractor selection is one of the important factors determining the success of construction projects, providing services or products. Understanding and properly applying these forms not only ensures fairness and transparency but also optimizes project costs and time. Choosing the right bidding form helps reduce risks and improve investment efficiency. The following article will help customers better understand the forms of contractor selection.

Some forms of contractor selection according to current regulations
Some forms of contractor selection according to current regulations

The latest forms of contractor selection today

According to regulations in the Law on Bidding 2023, there are 9 basic forms of contractor selection as follows:

  • Open bidding: Applies to all bidding packages, except for specific cases in the provisions of the Law. If not applicable, the reason must be clearly stated and the responsible person must be responsible.
  • Limited bidding: Applicable when the bidding package requires highly technical or specific characteristics, or when requested by the sponsor.
  • Contractor appointment: Applicable in the cases specified in Article 23 of the Law on Bidding 2023, with a time limit of no more than 45 days (or 90 days for large, complex bidding packages).
  • Competitive offers: Applicable to bidding packages costing no more than 05 billion VND, including service bidding packages, goods procurement, and simple construction and installation.
  • Direct procurement: Applicable to similar goods procurement packages, with specific conditions in Clause 2, Article 25 of the Law on Bidding 2023.
  • Self-implementation: The investor self-implements the bidding package when it meets the conditions according to Article 26 of the Law on Bidding 2023, and is not allowed to transfer a large amount of work.
  • Community participation in implementation: Applicable to residential communities or groups of workers with the capacity to implement bidding packages under 05 billion VND in national target programs.
  • Price negotiation: Applicable to bidding packages for purchasing generic drugs, drugs, medical equipment, and testing supplies with only one or two manufacturers.
  • Contractor selection in special cases: Applicable to bidding packages that cannot be selected according to the above forms, with the process and subjects prescribed by the Government.

The above forms help ensure competition, fairness and transparency in bidding, in accordance with current legal requirements.

When is it necessary to choose a special contractor?

Contractor selection in special cases is applied to bidding packages where it is impossible to select a contractor according to the provisions of Articles 21, 22, 23, 24, 25, 26, 27 and 28 of the Law on Bidding 2023, include:

  • Bidding packages for purchasing drugs and vaccines during testing or through international organizations.
  • Bidding packages related to national defense, security and foreign affairs.
  • Selection of attorneys providing legal services to the state in foreign jurisdictions.
  • Bidding package for in-depth training abroad, purchasing business plane tickets.
  • Bidding package to carry out political tasks assigned by the Party and State (propaganda, production of art programs and films).
  • Contract package for production, stage installation, and rental of locations for recording art shows.
  • Bidding packages for providing printing, stamps, receipts, and sealing services according to legal regulations, or bidding packages for purchasing professional dogs and explosives for training.
  • In other special cases of process, procedures or contractor selection criteria that do not fall into the above cases, the Government shall submit them to the National Assembly Standing Committee for decision.

CSPL: Clause 1, Article 29 of the Law on Bidding 2023.

Cases requiring selection of special contractors
Cases requiring selection of special contractors

Authority to approve contractor selection plans

According to the provisions of Clause 2, Article 40 of the Law on Bidding 2023, the authority to approve the contractor selection decision is specified as follows:

  • The investor is responsible for preparing and approving the contractor selection plan once the overall contractor selection plan has been approved.
  • Persons with authority to review and approve contractor selection plans for projects that do not apply the master plan, or authorize the investor or relevant agency or unit to approve, except in special cases. special.
  • The investor or the head of the unit assigned to prepare the project will approve the contractor selection plan for pre-bid bidding packages, or bidding packages that need to be performed before the decision to approve the project.

Contractor selection process according to the Law on Bidding

Pursuant to Article 43 of the Law on Bidding 2023, the contractor selection process is prescribed as follows:

  1. Contractor selection process for open bidding and limited bidding:
  • Prepare to select contractors;
  • Organize contractor selection;
  • Evaluate bid documents;
  • Contract negotiation (for bidding packages providing consulting services);
  • Submit, appraise, approve, and publicize the contractor selection results and explain the reason the contractor did not win the bid (if any);
  • Complete, sign and manage contract implementation.
  1. Contractor selection process for contractor appointment:
  • Prepare to select contractors;
  • Organize contractor selection;
  • Evaluate proposal documents and negotiate proposals of one or more contractors (if any);
  • Submit, appraise, approve and publicize contractor selection results;
  • Complete, sign and manage contract implementation.
  1. Contractor selection process for competitive bidding:
  • Prepare to select contractors;
  • Organize contractor selection;
  • Evaluate bid documents;
  • Submit, appraise, approve, and publicize the contractor selection results and explain the reason the contractor did not win the bid (if any);
  • Complete, sign and manage contract implementation.
  1. Contractor selection process for direct procurement:
  • Prepare to select contractors;
  • Organize contractor selection;
  • Evaluate proposal documents and negotiate contractor proposals;
  • Submit, appraise, approve and publicize contractor selection results;
  • Complete, sign and manage contract implementation.
  1. Contractor selection process for self-implementation:
  • Prepare a self-implementation plan, including a draft assignment agreement;
  • Complete the self-implementation plan;
  • Approve and publicize contractor selection results;
  • Sign a job assignment agreement; Manage the implementation of bidding packages.
  1. Contractor selection process for individual consultants:
  • Prepare to select contractors;
  • Organize contractor selection;
  • Evaluate the scientific background profile of individual consulting contractors;
  • Contract negotiation;
  • Submit, approve and publicize contractor selection results;
  • Sign and manage contract implementation.
  1. Contractor selection process for bidding packages with community participation:
  • Prepare a plan to select local communities, groups, and groups of workers to implement the bidding package;
  • Organize your choice;
  • Approve and publicize the selection results;
  • Complete, sign and manage contract implementation.

These steps help ensure transparency, fairness and efficiency in the process of selecting contractors for different bidding packages.

>>> See more: When is a contractor eligible to participate in bidding?

Steps to select a contractor according to the Law on Bidding
Steps to select a contractor according to the Law on Bidding

Consulting services on contractor selection process at Long Phan

Consulting services on the contractor selection process at Long Phan help you choose the right contractor, while minimizing risks and optimizing all resources during the implementation process. Our services include:

  • Consulting on appropriate contractor selection methods.
  • Guidance on the contractor selection process.
  • Consulting on bidding documents.
  • Consulting on contractor evaluation criteria.
  • Consulting on contract negotiations, including in special cases.
  • Support to resolve arising disputes.
  • Consulting on international bidding.

Long Phan’s team of consultants with many years of experience will help you from the beginning to completion of the contract, ensuring your project is carried out in the most effective way. Please contact Long Phan via the hotline: 0906735386 today for detailed advice on the process and forms of contractor selection according to regulations.