What is self-implementation in bidding? Procedure?

Article overview

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 order of implementation in bidding activities according to current regulations
The order of implementation in bidding activities according to current regulations

Regulations on self-implementation in bidding activities

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.

Conditions for applying self-implementation in bidding

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:

  • Have functions, tasks, fields of activity or business lines consistent with the requirements of the bidding package;
  • Have technical, financial capacity and experience to meet the requirements of the bidding package;
  • Have a feasible plan to mobilize personnel, machinery and equipment to meet the requirements on the progress of the bidding package.

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?

 Conditions that must be met when applying self-implementation in bidding
Conditions that must be met when applying self-implementation in bidding

The process of applying the self-implementation method in bidding

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:

  • Requirements on scope and content of work;
  • Value and implementation time;
  • Quality of work to be performed;
  • Conditions for acceptance and payment;
  • Job assignment agreement or job assignment document for dependent accounting units or affiliated units.

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:

  • The organization directly managing and using the bidding package shall sign a work assignment agreement with the unit assigned to implement the bidding package or issue a work assignment document;
  • In cases where the law stipulates that the work contents of the bidding package must be supervised during implementation, the organization directly managing and using the bidding package shall select a supervision consulting contractor according to the provisions of the Law on Bidding 2023. Legally independent and financially independent from that organization to monitor the process of implementing the bidding package;
  • In cases where the law does not have regulations or there is no independent supervision consultant interested or an independent supervision consultant cannot be selected because the bidding package is carried out in an area with difficult economic and social conditions, If a bidding package has a bidding price of less than 01 billion VND, the organization directly managing and using the bidding package must organize its own supervision.
 The steps for self-implementation in bidding in accordance with the prescribed standards
The steps for self-implementation in bidding in accordance with the prescribed standards

Does self-implementation require posting information on the National Procurement Network System?

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:

  1. Information on contractor selection includes:
  • Information about the project and contractor selection plan;
  • Notice of invitation for interest, notice of invitation for pre-qualification;
  • Notice inviting bids;
  • Short list;
  • Request for expression of interest documents, invitation for pre-qualification documents, bidding documents and amendments and clarifications (if any);
  • Bid opening results for online bidding;
  • Result of contractor selection;
  • Main information of the contract;
  • Information on handling violations of bidding laws;
  • Information about the contractor’s contract performance results;
  • Other related information.
  1. Information on investor selection includes:
  • Information about business investment projects as prescribed in Clause 2, Article 47 of this Law;
  • Notice of invitation for interest, application for invitation of interest; The results invite attention;
  • Notice inviting bids, bidding documents and amendments and clarifications (if any);
  • Results of investor selection;
  • Main information of the contract;
  • Information on handling violations of bidding laws;
  • Other related information.

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.

Consulting services for self-implementation in bidding in compliance with standards and professionalism

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:

  • Consulting on conditions for applying self-implementation in bidding;
  • Consulting on bidding packages applying self-implementation;
  • Advise on conditions for assigning other entities to carry out the bidding package themselves;
  • Provide detailed instructions and plan the self-implementation process in bidding;
  • Answer and support in handling difficulties during self-implementation;
  • Consulting on how to post information on the national bidding network system.

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.