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The demonstration of the financial resources toward partnership contractors

Thu, 02 Mar 2017 16:22:47 PM GMT + 7    Print   Email   Share:

 (Chinhphu.vn) - Mr. Phan Chi Thien, who has been working in an evaluation unit of contractors selection results in Long Xuyen city, An Giang Province. He would like to request the  related authorities to answer some content regarding the regulations on bidding participation toward partnership contractors.

Bidder A participated a bid as a partnership contractor that includes Company B (a head member of the partnership) and Company C (a partnership member). As stipulated in the procurement  documents, the bidders must demonstrate the financial resources for the bidding package of 2.5 VND billion (x) the proportion corresponding to the work undertaken in the partnership (each member of partners must meet this requirement). However, only the head of the partnership member that demonstrated the financial resources was 5 VND billion, partnership members did not prove the financial resources toward the bidding package.

Mr. Thien asked, during the process of bids evaluation, has the bidder been allowed to request the contractor to add documents proving the financial resources of the partnership member C?

With cases where the Contractor D participate a bid as a partnership bidder consists of Company E (head member of the partnership) and Company F (partnership member).

Legal representative of Company F which has written authorization for the deputy director to perform some tasks such as signing a letter of bids when participate in the bidding. However, in the partnership agreement, the Company F authorized the head member of the partnership (Company E) to sign the letter of bids.

Mr. Thien asked, Is it contrary to the provisions when the Company E signing the letter of bids?

Regarding this issue,  The Ministry of Planning and Investment would like to answer as follows:

Procurement documents requires the partnership contractors who must demonstrate financial resources corresponding to the ratio of work that members of the partnership to undertake, if member of the partnership C who does not have documents to demonstrate the financial resources in the bidding documents, the procuring entity must request contractors to add the documents and clarification as provided for in Article 16 of Decree No. 63/2014 / ND-CP.

In case the Director of Company F which authorized the Deputy Director of Company F to sign the documents when participating the bid and the Company F was be a partner with the Company E to be the partnership contractor, two sides agreed with each other in the partnership agreement.  Company E signed the letter of bids, in this case, the internal authorization of the company F and the agreement on signing letter of bids in the partnership agreement shall be not contrary to the provisions of the procurement law.

 

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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