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(BDT) - Decree No. 24/2024/ND-CP dated February 27, 2024 detailing a number of articles and measures to implement the Bidding Law on contractor selection has just been issued by the Government with many new points. is expected to remove difficulties and obstacles in contractor selection as well as continue to perfect and improve the effectiveness and efficiency of state management of bidding.
The Ministry of Planning and Investment said that Decree No. 24/2024/ND-CP , including 12 Chapters and 135 Articles, will continue to improve the legal framework on bidding and procurement using guaranteed state capital. Effectively implement the Bidding Law 2023 (effective from January 1, 2024).
Decree No. 24/2024/ND-CP will concretize regulations on contractor selection to remove difficulties and obstacles in the process of implementing bidding and procurement activities using state capital, especially especially purchasing drugs, supplies, and medical equipment; At the same time, continue to simplify bidding procedures for selecting contractors, cutting costs for businesses through bidding activities.
Decree No. 24/2024/ND-CP is expected to build a mechanism for selecting appropriate contractors to promote domestic enterprises to develop, create jobs for disadvantaged labor groups, and encourage procurement activities. innovative products and green procurement to improve socio-economic efficiency, environmental protection, and sustainable development.
The promulgation of Decree No. 24/2024/ND-CP is to continue to improve and improve the effectiveness and efficiency of state management of bidding and the mechanism for inspection, supervision, and resolution of recommendations in operations. bidding activities, contributing to preventing and limiting negative situations, corruption and waste as well as regulating measures to implement the Bidding Law 2023 to ensure uniformity and consistency in the implementation of policies about bidding.
Decree No. 24/2024/ND-CP inherits and completes the regulations that have been stably applied in Decree 63/2014/ND-CP. Regarding handling violations in bidding activities, to increase deterrence and sanctions for cases where organizations and individuals commit many violations leading to being banned from participating in bidding activities, the Decree No. 24/2024/ND-CP stipulates that if organizations or individuals commit 2 or more violations within the same scope of management of a competent person, the period of ban from participating in bidding activities is determined by total ban period for each violation.
Decree No. 24/2024/ND-CP has many regulations to maximally resolve inadequacies in bidding for drugs and medical supplies, continuing to promote reform solutions and improve the efficiency of handling administrative procedures. government, providing public services to serve people and businesses. Accordingly, ministries, branches and localities need to continue to promote more drastic reforms, improve efficiency in cutting, simplifying administrative procedures, along with strengthening decentralization and authorization in solving problems. decide on administrative procedures.
Regarding centralized drug bidding, to overcome the previous situation where there was only 1 winning bidder to supply drugs in large quantities, with a wide delivery scope leading to some cases where the contractor was not capable of performing. contract, Decree No. 24/2024/ND-CP has added regulations allowing the selection of more than 1 winning contractor so that if the first ranked contractor is no longer able to provide, the investor can sign immediately. contract with the next ranked contractor. The investor is invited to bid in a way that allows contractors to offer quantities according to their supply capacity without necessarily having to offer the exact quantity of drugs stated in the bidding documents...
Article 133 of Decree No. 24/2024/ND-CP also has many transitional regulations. Accordingly, for bidding packages, the contractor selection plan has been approved but by the date Decree No. 24/2024/ND-CP takes effect (February 27, 2024), the invitation for interest documents have not been issued. , prequalification documents, bidding documents, request documents and have content that is not in accordance with the provisions of the Bidding Law No. 22/2023/QH15 and this Decree, the selection plan must be approved and adjusted. contractors, invitation for expression documents, prequalification documents, bidding documents, and request documents to comply with the provisions of the Bidding Law No. 22/2023/QH15 and this Decree.
In case the bidding package does not apply online contractor selection and has issued invitation for expression documents, pre-qualification documents, bidding documents, and request documents but as of the effective date of this Decree, this Decree has not yet been issued. When closing a bid, the request for expression documents, pre-qualification documents, bidding documents, and request documents must be amended to comply with the provisions of the Bidding Law No. 22/2023/QH15, this Decree. The amendment and extension of the bid closing time shall comply with the provisions in Point b, Clause 2, Article 26, Clause 2, Article 38 and Clause 2, Article 63 of this Decree.
For bidding packages, applying the form of contractor appointment according to a shortened process, direct procurement, self-implementation, contractor selection in special cases, community participation in implementation, in case the plan has been approved. contractor selection plan, but by the effective date of this Decree, the contractor selection results have not been approved and the contractor selection plan has content inconsistent with the provisions of the Bidding Law No. 22/2023/ QH15 and this Decree must approve adjustments to the contractor selection plan. In the case of invitation for expression of interest, prequalification documents, bidding documents, and request for proposals issued before January 1, 2024, implementation will continue according to the provisions of Law on Bidding No. 43/ 2013/QH13; Decree No. 63/2014/ND-CP dated June 26, 2014 of the Government detailing the implementation of a number of articles of the Bidding Law on contractor selection; Decree No. 32/2019/ND-CP dated April 10, 2019 of the Government regulating the assignment of tasks, ordering or bidding to provide public products and services using the state budget from regular expenses piercing; Decision No. 17/2019/QD-TTg dated April 8, 2019 of the Prime Minister regulating a number of bidding packages and procurement contents to maintain regular operations, applying the form of contractor selection in special cases as prescribed in Article 26 of the Bidding Law and Circulars guiding the implementation of the Decree. |
