For medical materials, direct procurement must comply with Article 24 of the Law on Bidding, Article 60 of Decree No. 63/2014 / ND-CP, in which results can be used. Results of direct procurement of bidding packages belonging to projects or other cost estimates as a basis for direct procurement.

Mr. Ly Hai Phong (in Binh Duong Province) would like to request the authorities to answer some issues about the form of direct procurement as prescribed in Article 24 of the Law on Bidding, Decree No. 63/2014 / ND-CP, Circular No. 05/2015 / TT-BKHDT and related documents, specifically as follows:

- When preparing bidding documents in the form of direct procurement, which form of documentation must you use?

Example: In province A, an authorized unit to organize a centralized procurement bid for the whole province (province A) organizes a tender for the procurement of drugs - medical materials - chemicals for district units. (districts 1, 2, 3…). After the time of contractor selection, province A issues a decision approving the result of the successful contractor selection (decision B).

After the purchase of goods under Decision B, because the demand for drugs - medical supplies - chemicals of districts 1, 2, 3 ... increases, the quantity of goods under Decision B has expired and the province A has not yet organized the selection of contractors through open bidding, so districts 1, 2, 3… want to directly purchase these goods with the above decision B.

So, districts 1, 2, 3 ... use decision B to issue direct procurement records to their units or districts 1, 2, 3 ... send the request for goods to be purchased directly. To the province for province A to issue procurement records directly to districts 1, 2, 3…?

According to Point 1, Article 24 of the Bidding Law regarding direct procurement: “ 1. Direct procurement shall apply to bidding packages of According to Point 1, Article 24 of the Bidding Law regarding direct procurement of similar goods of a same project, estimated budget of procurement or of other project, estimate of procurement.”. 

Mr. Phong would like to ask, "under the project, other estimate of procurement" is like? According to his understanding of this Point 1 as follows: Direct procurement is applicable to the procurement of similar goods under the same project, the estimate of procurement, meaning that province A makes decision B, Mr. Use this decision B to procure directly to province A.

Direct procurement is applied to the procurement of similar goods belonging to a different project or estimate, meaning that province A makes decision B but in decision B there are no goods that want to buy at the moment. The point of the package execution (valid decision B) but the goods similar to province A want to buy are included in decision C (decision of province C, still valid). He uses this decision C to issue procurement records directly to province A.

The Ministry of Planning and Investment answers to this issue as follows:

The Direct procurement is specified in Article 24 of the Law on Bidding, Article 60 of Decree No. 63/2014 / ND-CP of the Government.

Accordingly, for medical supplies, the direct procurement shall comply with the above provisions, in which the results of direct procurement of the bidding package of the project or other cost estimates can be used as a basis for purchase direct shopping.

When applying direct procurement, the bid solicitor must ensure that the unit prices of parts of the bidding package are consistent with the market price at the time of contract negotiation, and at the same time that the bidding package is approved by the previous bidding organization. Implemented on the basis of competition, fairness, transparency and efficiency.

In case the conditions for direct procurement are not satisfied but the objective of bidding is not guaranteed to be transparency and economic efficiency, other forms of more competitive contractor selection should be applied.

In addition, for drug bidding, concentrated bidding, he should contact the Ministry of Health and the Ministry of Finance for guidance.

Regarding the direct procurement request form, at the present time, you can refer to the bidding documents such as the request for a competitive offer, the request for appointment of contractors ... to direct procurement request profile construction.