New regulations on preferential policies upon selecting tenderers

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On November 26, 2013, the National Assembly approved Law on Bidding No. 43/2013/QH13, which shall take effect fromJuly 1, 2014 and supersede Law on Bidding No. 61/2005/QH11.

In this Law, the remarkable points focus on preferential policies in tenderer selection.

Accordingly, tenderers shall be enjoyed preferential treatment when participating in domestic or international bidding to supply goods of which costs for domestic production occupy 25% or more.
Domestic tenderers bidding with independent or partnership status or foreign tenderers in partnership with domestic tenderers in which the domestic tenderers take over from 25% or more of work value of bidding package shall also enjoy preferential treatment.

Similarly, entities entitled to preferential treatment in domestic bidding to supply the advisory services, non-advisory services, construction and installment include: Tenderers employing female laborers of 25 % or more of laborer quantity; tenderers employing laborers being invalids, disable people of 25 % or more of laborer quantity; tenderers being small-size enterprises.

Preferential treatment is calculated to apply during assessing the bidding dossiers, dossiers of proposals in order to compare, rank the bidding dossiers, dossiers of proposals according to one of the following methods: Plus more points into the assessment point of tenderers belonging to entities entitled to preferential treatment or plus more amount into the bidding price or assessment price of tenderers not belonging to entities entitled to preferential treatment.

Another remarkable point in this Law is the regulation on concentrated procurement. Concentrated procurement means a way to organize an open bidding in order to select contractor through a concentrated procurement unit with the aim to reduce expenses, time, and focal units of bidding organization, strengthen the professionalism in bidding, and contribute in increasing economic efficiency. Concentrated procurement shall apply in case where goods and services need to be procured with big quantity, similar categories at one or many agencies, organizations, enterprises or investment owners.
The Law shall take effect on July 1, 2014

Download here: 54955_43-2013-QH13

Source: www.luatvietnam.vn