(Chinhphu.vn) – If at the time of bid closure, the personnel proposed by the contractor to assume the position of a technical officer with a supervisory practice certificate is still valid, this personnel shall be evaluated to meet the requirements of the bidding dossier for content on supervision practice certificate.

TPP Trading Construction Service Joint Stock Company is the bidding consultant unit of Package A (1 phase - 2 envelope bidding). In the process of assessing technical proposal documents of contractor A on key personnel, the technical staff in charge of the construction section is required to have a certificate of supervision of civil works still valid. at least 1 year from the time of bid closure. A contractor with personnel arrangement B has a valid civil works supervision practice certificate but the certificate validity is less than 1 year from the time of bid closing.

The procuring entity has clarified the personnel B of contractor A, but the contractor A replies in writing that the contractor commits to apply for a practicing certificate to supervise construction and improve the new industrial civil works for personnel B when the old certificate expires in accordance with current regulations.

Through the receiving and answering system of enterprises, TPP Trading Construction Services Joint Stock Company would like to ask, is it correct when the expert group assess contractor A meeting the experience capacity?

Regarding this issue, The Ministry of Planning and Investment responds as follows:

Clause 2, Article 12 and Clause 1, Article 15 of the Decree No. 63/2014 / ND-CP stipulated in bidding documents (Bidding Documents) must not state any conditions to limit the participation of contractors or to creating an advantage for one or several contractors causing unfair competition; the evaluation of bids must be based on the evaluation criteria of the bid and other requirements in bidding documents, must base on the submitted bid, explaining documents and clarifying the bid of contractors to ensure choosing a qualified and experienced contractor, have a feasible solution to implement the bidding package.

For the issues raised by TPP Trading Construction Services Joint Stock Company, the establishment of bidding documents, evaluation of bid must comply with the above provisions and the responsibility of the expert team and the procuring entity.

Accordingly, the bidding documents requires technical staff to have a valid supervisory practice certificate for at least 1 year, which may lead to limiting the participation of contractors, violating the provisions of Clause 2, Article 12 of the Decree No. 63/2014 / ND-CP mentioned above.

Therefore, in this case, if at the time of bid closing, the personnel proposed by the contractor to assume the position of a technical officer with a supervisory practice certificate is still valid, then this personnel is evaluated to meet the requirementsof the bidding documents for the content of supervisory practice certificate.