Can the contractor's bid unit price be adjusted?
Mr. Hoang Trung Cuong (in Binh Phuoc Province) is a member of an expert team for bid evaluation, which is implementing the selection of contractors for consulting bidding packages in the form of open domestic bidding (selecting contractors via bidding process network) according the form of one-stage two bidding envelope, contract type is the package contract.
In the process of issuing bidding documents, only one bidder submits their bids on the National Procurement Network up to the bid closing point. After evaluating the economic proposal, this contractor responded and was opened the financial proposal (Financial Proposal). After opening the contractor's financial proposal, Mr. Cuong's unit noticed:
- In Form No. 11B (Webform on the System): Analysis table of remuneration for experts, item social costs of contractors leave blank value (insurance costs for experts).
- In Form No. 12 (Webform on the System): Other costs for experts, contractors do not bid for the cost of tea and water for participants in the cost of seminars and training.
Mr. Cuong would like to ask, if he could adjust the contractor's bid unit price by adding the cost of insurance for the expert to the Analysis of remuneration for the expert; add the cost of tea and water for participants in the cost of seminars, training organizations, and other expenses for experts?
If it is allowed to adjust the contractor's unit price but the bid price after error correction or deviation adjustment is larger than the approved bid package price, is it possible to negotiate to secure the bid price after error correction or deviation adjustment is smaller than the bid price tender package or not?
The Ministry of Planning and Investment answers to this issue as follows:
Point b, Clause 1, Article 62 of the Law on Bidding stipulates that when applying a package contract, the bid package price as a basis for consideration and approval for bid winning must include costs for risk factors that may occur during the bidding process contract performance, provision for price slippage. The bid price must include all costs for risk factors and slippage costs that may occur during the performance of the contract.
Clause 1, Article 15 of Decree No. 63/2014/ND-CP of the Government stipulating that the evaluation of bids must be based on the criteria for evaluation of bids and other requirements in the bidding documents. Based on the submitted bids, documents explaining and clarifying the contractor's bid to ensure the selection of a contractor with sufficient capacity and experience with feasible solutions to implement thecontractor package.
Regarding Mr. Cuong's issue, the evaluation of the E-Proposals must comply with the above regulations and fall under the responsibility of the expert group and the bid solicitor (Article 75 and Article 76 of the Bidding Law).
By: Online Newspaper of the Government / Translator: HaiYen-Bizic
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