Regulations on bidding documents procurement to partnership bidders

Tue, 28 Feb 2017 16:28:36 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – The company of Mr. Nguyen Ngoc Minh (Hanoi City) attended an open bidding. After purchasing the bidding documents, in order to ensure capacities of the bid, Mr Minh’s company (Company A) entered into partnership with Company B and Company A was the head of partnership.

Before  the time of bid closing, Mr. Minh submitted bidding documents that enclosed together with a written notification letter and sent to the procurement invitation on the change of bidding capacity from independent to partnership bidder. However, when submission of bid, reception staff said, what Company A did do was  invalid, in order to be invalided, Company A must purchase an extra set of bidding documents with a capacity of partnership.

Mr. Minh asked: Is it right according to the instruction of the bidding party? How to solve this case?

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

Point d, Clause 3, Article 14 of Decree No. 63/2014 / ND-CP of the Government regulated, the procurement invitation must receive the bidding documents of all bidders to submit their bids before the bids closing, included the bidders who haven’t purchased  or haven’t received  directly bidding documents from the tenderers.

In case that the tenderers have not purchased bidding documents, they must pay bidders an amount equal to the selling price of bidding documents before bidding documents are received.

Accordingly, the case of Company A purchased bidding documents and submitted their bidding documents as a partnership bidder between Company A and Company B, the tenderers still have to receive bidding documents of this partnership bidder without any authorization of requiring partnership bidder to purchase any extra set of bidding documents because company A is considered to be representative of the partnership bidder purchased bidding documents.

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


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