It is necessary to clearly define criteria for determining bidding packages with high technical requirements.

BTO-This morning, May 24, continuing the 5th session, under the chairmanship of National Assembly Chairman Vuong Dinh Hue, the National Assembly listened to reports on the 2021 state budget settlement; discussed in the hall a number of contents with different opinions of the draft Law on Bidding (amended).

Giving comments, Deputy Head of the Provincial National Assembly Delegation Nguyen Huu Thong highly appreciated the drafting agency and the verification agency for fully absorbing the opinions of experts and National Assembly Deputies at the 4th session and the National Assembly Deputies' Conference of Specialized Activities last April.

Commenting specifically on the forms of contractor selection, according to delegate Nguyen Huu Thong: At point a, clause 2, Article 22 of the draft Law on Bidding (amended), there is a provision that restricted bidding is applied in cases where the bidding package has high technical requirements or technical specificity and only a few bidders meet the requirements of the bidding package. In order to have a basis for implementation in accordance with reality, delegate Nguyen Huu Thong suggested considering adding clear regulations on criteria to determine bidding packages with high technical requirements or technical specificity to implement in accordance with regulations or assigning the Government to issue a Decree with specific instructions. Because if the criteria are not clearly defined, it will lead to arbitrary application and easily lead to violations.

Regarding the settlement of petitions, complaints and denunciations: Regarding the Advisory Council for settling petitions at the local level as stipulated in Point c, Clause 3, Article 96, delegate Nguyen Huu Thong proposed to supplement and clearly define the responsibility for settlement of the provincial and district levels to suit the reality.

Article 19 stipulates the Expert Team and Appraisal Team, Clause 3 of the draft law stipulates: “Members of the Expert Team and Appraisal Team must have professional qualifications related to the bidding package or project or have at least 3 years of work experience in the field related to the legal, technical and financial content of the bidding package or project”. Delegate Nguyen Huu Thong suggested that the draft law should have more specific and clear regulations to have a basis for application. According to the delegate, it is necessary to specify which field or which goods the bidding package is in that require professional qualifications related to the bidding package.

At point h, clause 1, Article 23 of the draft regulations on designated bidding stipulates: "Consulting packages, construction of relocation of technical infrastructure works, bomb, mine and explosive clearance to serve the work of site clearance" - according to delegate Nguyen Huu Thong, currently there are many contractors with enough capacity and experience to implement these works. Therefore, to ensure competition, fairness and reduce costs, it is proposed not to apply the form of designated bidding for consulting packages, construction of relocation of technical infrastructure works to serve the work of site clearance.

In addition, in Article 36 - Overall plan for contractor selection for the project, according to delegate Nguyen Huu Thong, there should be no regulations on making an overall contractor selection plan and it is recommended to continue making a contractor selection plan according to the provisions of the 2013 Bidding Law.

240520230810-z4371297676439_c2ea5ec4200e56e4ea4d6449640bdebe.jpeg — Scene of the 5th Session, 15th National Assembly.

In Article 43 - Process and procedures for selecting contractors, Point d, Clause 1 stipulates: "For bidding packages for goods procurement, construction, non-consulting service provision applying international bidding, mixed bidding packages and bidding packages with high technical requirements, if necessary, the inviting party can negotiate a contract with the first-ranked contractor". Delegate Thong suggested that the draft law should stipulate more clearly the contents of "bidding packages with high technical requirements" and what are "necessary cases" and what are unnecessary cases to have a basis for implementation. Because there will be cases where the inviting party and the investor determine "not necessary" but the competent authorities when inspecting, checking, evaluating and concluding that it is "necessary"...

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