Is price negotiation a form of contractor selection?

Forms of contractor selection are specified in Article 20 Bidding Law 2023 as follows:

Forms of contractor selection

1. Forms of contractor selection include:

a) Open bidding;

b) Limited bidding;

c) Appointment of contractors;

d) Competitive offers;

d) Direct shopping;

e) Self-implementation;

g) Community participation in implementation;

h) Price negotiation;

i) Selection of contractors in special cases.

2. In case a form of contractor selection other than prescribed in Clause 1 of this Article arises, which has superiority and uses progressive and modern electronic means, the Government shall stipulate the form, process, and subjects. The symbol is consistent with the new features of the National Bidding Network System, ensuring the goals of competition, fairness, transparency and economic efficiency in bidding.

According to the above regulations, price negotiation is considered one of the forms of contractor selection.

To which bidding packages is price negotiation applied?

The bidding package applies the form of price negotiation specified in Clause 1, Article 28 Bidding Law 2023 as follows:

Price negotiation

1. Price negotiation applies to the following bidding packages:

a) Purchase original brand-name drugs and reference biological products;

b) Buying drugs, medical equipment, and testing supplies from only 01 or 02 manufacturers.

2. The Minister of Health decides on the application of price negotiation, promulgates a list of drugs, medical equipment, and testing supplies eligible for price negotiation and regulates the process and procedures for selecting Select contractors for bidding packages using price negotiation.

According to the above regulations, price negotiation is applied to the following bidding packages:

- Buy original brand-name drugs and reference biological products.

- Buy drugs, medical equipment, and testing supplies from only 01 or 02 manufacturers.

The Minister of Health will be the one who decides on the application of price negotiation, promulgating a list of drugs, medical equipment, and testing supplies that are eligible for price negotiation.

At the same time, the Minister will also regulate the process and procedures for selecting contractors for bidding packages applying price negotiation.