If the contractor has won the bidding package of project management consultancy, the bidding is organized widely, after that the contractor is appointed to appraise the construction drawing design, then the appointment of this contractor shall be deemed appropriate in accordance with regulations.

Mr. Le Son Tung (in Phu Tho Province) suggested the authorities instruct cases as follows:

In May 2017, investor A conducted a bidding package for project management consultancy in the form of open bidding nationwide, in the bidding dossier stating "Bidders participating in bidding must be legally independent and be financially independent with the following parties: Consulting contractors prepared, verified and appraised design and cost estimates; prepared and appraised bidding documents; evaluated bids; evaluatedresult of selecting this tenderer ".

On July 5, 2017, the investor selected contractors and signed a contract with company B. By July 25, 2017, investor A continued to sign a contract to verify the construction drawing design with Company B in the form of contractor appointment (two bidding packages belonging to the same investment project).

Mr. Tung would like to ask, in this case, does investor A violate the current regulations on bidding?

On July 5, 2017, the investor selected contractors and signed a contract with company B. By July 25, 2017, investor A continued to sign a contract to verify the design of construction drawings with Company B in the form of contractor appointment (two bidding packages belonging to the same investment project).

Mr. Tung would like to ask, in this case, does investor A violate the current regulations on bidding?

The Ministry of Planning and Investment answers on this issue as follows:

Clause 3, Article 2 of Decree No. 15/2014 / ND-CP of the Government stipulating that consultancy contractors may participate in providing one or more consultancy services for the same project or bidding package, including: pre-feasibility study report, feasibility study report, technical design documents, construction drawing design documents, supervision consultants.

For Mr. Tung's question, if contractor B has won the bidding for the project management consultancy package, the bidding will be organized publicly, then contractor B may appoint a contractor to verify the design of the test drawing. If the contractor B is assigned to perform the bidding package to verify the construction drawing design, it shall be considered in compliance with the above provisions if the following conditions are fully met:

- Bidding package of verification of construction drawing design is eligible to apply the form of contractor appointment.

- The scope of work of a project management consultancy package does not include the job of the bid solicitor.