Which cases shall have to make a clarification on bidding documents?

Tue, 28 Feb 2017 16:35:20 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – Through E- Government Portal, Ms. Nguyen Thuy Vi (Ca Mau Province) and Mr. Nguyen Duc Khanh (Dong Nai Province) would like to request the related authorities to  answer their questions regarding content of regulations and bidding documents.

Ms. Thuy Vi’s company is considering a bid of the procurement of equipment, cabinets, tables and chairs. In the bidding documents of the bidders which have stated an origin of goods  is Vietnam, in equivalent to products of Hoang Anh Gia Lai, but they do not specify the products of any manufacturers. Ms. Vi asked, Does her company be allowed to request the tenderer to make a clarification on this content?

Mr. Nguyen Duc Khanh’s company is hired by an investor to be a tenderer for a construction bid package in the form of public bidding. After Mr. Khanh’s company submitted the evaluation results of bidding documents to the investor for approval, the investor requested to have a content in the bidding documents of a tenderer who  was eliminated in the technical reviewing step.

Particularly, the bidding documents required the contractor that they must arrange technical workers to participate in the construction minimum of 20 people and the workers must have occupation certificates (certified) at least from 3/7. In bidding submission, the contractor proposed 25 technical workers, but these workers only had the vocational primary certificates. The Investor requested to clarify the above content and the contractor added 25 certificates of 4/7 of the workers that were proposed in the bidding submission.

Mr. Khanh asked, Is it valid when the contractor added as above content in the bidding submission according to the regulation No 63/2014/ND-CP? 

Regarding these issues, The Ministry of Planning and Investment would like to answer as follows:

In accordance with Clause 1, Article 16 of Decree No. 63/2014 / ND-CP of the Government dated 06/26/2014 detailing the implementation of some articles of the Law on Procurement and contractor selection, after opening of bids, the contractors are responsible for clarification of bidding documents according to the the request of the tenderer.

In case, the bidding submissions of contractors are lack of documents to prove eligibility, capacity and experience, the tenderers shall ask bidders for clarification; add documents to prove eligibility, capacity and experience.

For the content of the technical proposals and financial that be mentioned in the bidding documents, the clarification must ensure the principle of not changing the basic content of the bidding documents and also not changing the bid price.

Accordingly, on the issue of Ms. Nguyen Thuy Vi asked, the contractor did not give clearly names of the manufacturers, the tenderer may request bidders to clarify as stipulated above.

For the case referred by Mr. Nguyen Duc Khanh, the contractor do not have certificates in the bidding submission,  the tenderer  may request the bidders to clarify as stipulated above.

Where contractor adds the certificates and meet the requirements of  the bidding documents (certificates in effect before the bid closing), the bidding submission of the bidder still be evaluated to meet this content.


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


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