Mr. Chu Ba Phong in Bac Giang said that his unit is preparing to invest in a project to renovate, repair and rebuild some items of a school.
The project is on the list of public investment plans for 2024 (district level); educational career capital is allocated in the public investment plan of the state budget in 2024 (district level).
While planning to select contractors for consulting and construction packages whose opinions are given by the appraisal agency, for projects using public investment capital, construction packages with less than 1 billion VND and consulting packages with less than 500 million VND will not be subject to the form of bid designation according to Point m, Clause 1, Article 23 of the Bidding Law No. 22/2023/QH15.
Mr. Phong asked, is the opinion of the above appraisal agency correct? If so, according to which regulations must the bidding packages of this project select contractors?
Regarding this issue, the Ministry of Finance responded as follows:
According to Point m, Clause 1, Article 23 of the Law on Bidding, one of the cases of applying the bidding designation is a bid package under the procurement estimate with a bid package price within the limit of over VND 50 million to VND 100 million.
The bid package belongs to investment projects of state-owned enterprises, enterprises with 100% charter capital held by state-owned enterprises and investment projects according to the Law on Public Investment.
Including a consulting service package with a package price within a limit of no more than 500 million VND, a non-consulting package, goods, construction and installation, and a mixture with a package price within a limit of no more than 1 billion VND.
Accordingly, the construction and consulting package using career capital, which is not an investment project under the Law on Public Investment, will apply the limit of bidding according to the procurement estimate of over 50 million VND to 100 million VND.
