Conditions apply direct shopping
(Chinhphu.vn) - The agency of Ms. Le Diep (in Hanoi) organized a bidding package for goods procurement, with a biding winning unit and signed a contract. In the process of implemention of the contract, the agency arises the need to buy one more package of goods with the same contents, unit price and less than 50% of the value of the original bidding package.
Ms. Diep would like to ask, so canher agency continue to sign more contracts with partner companies that have been implementing the previous bidding package (the first contract has a value of 2.5 VND billion and the package of goods purchased is about VND 350 million)?
Regarding this issue, the Ministry of Finance has the following opinions:
According to Article 20 of the Ministry of Finance's Circular No. 58/2016 / TT-BTC dated March 29, 2016, detailing the use of State capital for procurement in order to maintain regular activities of State agencies and units belonging to the people's armed forces, public non-business units, political organizations, socio-political organizations, socio-political organizations, professional organizations, social organizations and social-professional organizations stipulates the scope and conditions for applying direct procurement as follows:
“1. Direct procurement shall be applied to the purchase of similar assets and goods which belong to the same purchase estimate or different purchase estimates.
2. The direct procurement shall be applied when all of the conditions below are satisfied:
a) There is a contractor selection plan approved by the competent person;
b) It is required to have a purchase estimate approved by the competent authority;
c) The contractor has won the contract through competitive bidding or selective bidding and has signed a contract earlier;
d) The current procurement includes similar contents and characteristics, and the scale is smaller than 130% of the earlier contract;
dd) Unit prices of tasks of the direct procurement do not exceed those of corresponding tasks in the earlier contract;
e) The period of time from the conclusion date of the earlier contract to the date on which the direct procurement result is approved must not exceed 12 months.
3. If the previous contractor is no longer capable of executing the direct procurement contract, another contractor who capacity, experience, technology, and prices satisfy the requirements in the bidding documents and the previous contractor selection result may be selected.
Because she did not provide full information on the package, she proposed to apply direct shopping. Therefore, it is recommended that she review the regulations on the scope and conditions of direct procurement in Article 20 of Circular No. 58/2016 / TT-BTC of the Ministry of Finance if it is eligible to apply the form of shopping directly follow the rules.
By: Online Newspaper of the Government / Translator: HaiYen-Bizic
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