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How to assess the validity of the partnership?

Mon, 18 Mar 2019 10:45:31 AM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – A valid partnership agreement is a partnership agreement signed and sealed by the legal representative of each partner, and in the partnership agreement, the specific job content must be clearly stated and estimatedthe rate of the corresponding value that each member of the partnership will perform.

Mr. Nguyen Van Rin (in Ho Chi Minh City) who is an engineer specialized in bidding consultancy for district project management units he would like to request competent authorities to guide the situation as follows:

A bidding package for construction and installation applies a form of open bidding for one stage – 2 envelope bidding.

The Contractor X has a partnership agreement between Company A and Company B (according to the partnership ratio as follows: Company A undertakes 30% of the work of the bidding package, the Company B undertakes 70% of the work of the bidding package.). Based on the technical evaluation results, the contractor X meets the technical requirements, is approved by the investor with the list of contractors meeting the technical requirements and inviting financial opening.

After opening finance, the bidding consultant unit carries out an evaluation and corrects the bid adjustment of the contractor X. The result has an arithmetic error and deviation adjustment that changes the joint-venture ratio between the company A and the company B (rate of partnership after correcting errors and deviation adjustment are company A 50% and company B 50%).

If considering according to the rate of Joint Venture Company A 50%, the company A does not meet the requirements of competency and experience, leading to contractor X does not meet the technical requirements.

Mr. Rin would like to ask, what does the procuring entity solve in above situation?

Regarding this issue, The Ministry of Planning and Investment has the following opinions:

Clause 1, Article 15 of the Decree No. 63/2014 / ND-CP of the Government stipulating the evaluation of bids must be based on the criteria for evaluation of bids and other requirements in bidding documents, based on submitted bids, documents explaining and clarifying biding of contractors to ensure selection of qualified and experienced contractors, feasible solutions to implement bid packages.

Under the provisions of Point g, Section 1.2, Chapter III, the form of bidding and construction bidding documents issued together with the Circular No. 03/2015 / TT-BKHĐT, a valid partnership agreement is a partnership agreement signed by lawful representatives of each partnership members to sign and seal (if any) and in partnership agreement must specify the specific content and estimate the percentage of the corresponding value that each member of the partnership will follow No. 03 Chapter IV - Bidding form.

Accordingly, the assessment of the validity of the partnership must comply with the above provisions and the responsibility of the expert team and the procuring entity.

 

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

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