As a rule, direct procurement is applicable to similar procurement bidding packages of the same project, estimate of procurement or other project or belonging to other estimate of procurement. (According to Ms. Nguyen Thi Phuong Thao (in Da Nang Province), based on the provisions of the Bidding Law, her unit can directly purchase according to the previous open bidding results (within a period of 12 months). not exceeding 130% of the executed bidding package value. Mrs. Thao would like to ask, can her agency directly procure the open bidding results of other agencies? If possible, for each purchase (within 12 months), your agency can buy no more than 130% of the bidding packages implemented by other agencies or the total number of purchases must not exceed 130%? If multiple purchases and multiple units apply the bidding results of 1 unit for direct procurement, each unit may not exceed 130% or the sum of the times and the total of the units must not exceed 130%? If the total of units is not more than 130%, how can we control and know how much the other units have bought? The Ministry of Planning and Investment answers to this issue as follows: Clause 1 of Article 24 and Clause 2 of the Bidding Law stipulates that direct procurement is applicable to bidding packages of similar goods belonging to the same project, estimate of procurement, or belonging to another project or estimate of procurement; Direct procurement is performed when the following conditions are met: The contractor has won the bid through open or limited bidding and has signed a contract to perform the contract before;
- Bidding package with similar content and nature and smaller scale of 130% compared to the bidding package signed with the contract before;
- The unit price of the parts of the bidding package for which the direct procurement is applied must not exceed the unit price of the corresponding parts of the similar bidding package signed in the previous contract;
- The time limit from the date of signing the contract of the previous bidding package to the date of approving the result of direct procurement does not exceed 12 months.
In the case of Mrs. Thao, if the bidding package falls under the scope of the Law on Bidding, the direct procurement must comply with the above provisions, the direct procurement process must comply with Article 60 of Decree No. 63 / 2014 / ND-CP of the Government.
In addition, in all cases, it must be ensured that the application of direct procurement is carried out on the basis of the previous bidding package that has been competitively, fairly, transparently, and economically efficient.
At the same time, the division of a project or estimate of procurement into bidding packages contrary to the provisions of the Bidding Law for the purpose of appointing contractors or limiting the participation of contractors is prohibited under Point k.of Clause 6 Article 89 of the Bidding Law.