Ms. Do Thi Nhung’s  (Hanoi) is in the process of evaluating the bid when it discovers that the similar contract of contractor A meets the requirements of the invitation for bid, but there are signs of collage, cheating, although notarized.

Ms. Nhung's unit has made a document to request the contractor to supplement, clarify and bring the original contract and acceptance record for comparison, but the contractor replied that he is moving offices, so he cannot provide documents and request the bid solicitor continues to evaluate according to the submitted bid package.

Ms. Nhung asked, does her unit continue to evaluate the contractor's profile or can it be eliminated from this step?

The Ministry of Planning and Investment responded to this issue as follows:

The Ministry of Planning and Investment responded to this issue as follows:

Clause 1, Article 16 of Decree No. 63/2014 / ND-CP of the Government stipulates: Upon completion of the bid opening, bidders are responsible to clarify their bid packages as requested by the procuring entities. In case bidder's evidence for their validation, competence and experience have been lacked, procuring entities request bidders to clarify and provide further documents to prove their validation, competence and experience.

Regarding to technical and financial proposals stated in a bidder's bid, the clarification must ensure the principle of not changing the basic content of the submitted bid, without any changes of bid price.

Under the guidance in Section 17, Chapter I of the Bidding Document Form issued together with the Circular No. 03/2015 / TT-BKHDT dated May 6, 2015 of the Ministry of Planning and Investment, the contractor must prepare the original materials for verification at the request of the bid solicitor.

For Ms. Nhung's problem, the bid clarification is done in accordance with the above provisions.

Accordingly, the bid solicitor may request the bidder to provide the original of the same contract for verification, clarification or direct contact with the investor of the similar contracts declared by the contractor in the bid contractor to verify truthfulness in declaring information on similar contracts.

If the bid solicitor has evidence that the bidder intentionally provides dishonest information in the bid, the bidder will be considered to commit fraud in the bidding as prescribed in Clause 4, Article. 89 Law on Bidding and will be handled in accordance with Clause 1, Article 122 of Decree No. 63/2014 / ND-CP of the Government.