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Self-implementation in bidding is a method for investors to have enough capacity to self-manage and implement bidding packages. This form allows organizations to directly manage and use the bidding package when it fully meets the technical, financial and professional experience requirements. Please follow Long Phan’s following article for comprehensive answers about the process, conditions, and how to apply the self-implementation method in bidding activities in Vietnam.
The Law on Bidding 2023 does not specifically explain the concept of self-implementation in bidding activities. However, this content was previously regulated in Article 25 of the Law on Bidding 2023. Accordingly, self-implementation is a form of contractor selection applied when the organization directly managing and using the bid package has sufficient technical, financial capacity and experience to meet the requirements of the bid package.
Therefore, self-implementation is one of the methods of contractor selection, applied to bidding packages of projects or procurement estimates when the implementing organization fully meets the specific conditions prescribed by law.
According to Clause 1, Article 26 of the Law on Bidding 2023, to apply the self-implementation method, the investor must meet the following conditions:
The investor directly implements the bidding package himself or assigns a dependent accounting unit, department or board of that organization to do so. However, it should be noted that it is not allowed to transfer to other organizations or individuals the amount of work valued at 10% or more or over 50 billion VND on the value of the work specified in the work assignment agreement.
>>> Reference: What bidding packages does price negotiation in bidding apply to?
Pursuant to Article 81 of Decree 24/2024/ND-CP the procedures for self-implementation in bidding will include the following specific steps:
Step 1: Prepare a self-implementation plan and draft a job assignment agreement and job assignment document:
Self-implementation plans include:
Payment of salaries, allowances, management costs and other costs shall be agreed upon by the investor and the unit assigned to implement the bidding package.
Step 2: Complete the self-implementation plan
The investor and the unit assigned to implement the bid package shall negotiate and finalize the contents that are not detailed enough, unclear or not suitable, and agree on the self-implementation plan, draft assignment agreement, assignment document and other necessary contents.
Step 3: Approve and publicize the contractor selection results.
Step 4: Sign the job assignment agreement and manage the implementation of the bidding package:
According to the provisions of Clause 3, Article 7 of the Law on Bidding 2023, information related to bidding activities must be made public on the National Bidding Network, except for projects, business investment projects, and bidding packages containing information classified as state secrets. The mandatory posting contents include:
Therefore, posting information on the National Bidding Network System is a mandatory requirement for bidding packages, including self-implementation bidding packages. This is to ensure transparency and efficiency in the bidding process and compliance with legal regulations.
Long Phan provides comprehensive consulting services, helping you understand and properly apply legal regulations during the process of self-implementing the bidding package. We provide the following services:
Self-implementation in bidding activities is an important choice and needs to be applied properly to ensure success. Please contact Long Phan immediately via the hotline: 0906735386 for professional and effective advice! We provide optimal solutions, helping you successfully carry out the bidding process.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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