The elimination of contractors on the grounds that contractors do not submit the draft contract is inconsistent with the provisions of bidding law.

Mr. Dang Duy's company (in Hoa Binh Province) organized a shortened competitive offer online. There are 4 contractors submitting the proposal but only 1 contractor encloses the draft contract at the request of bids, the expert team agrees on documents type 3 without the draft contract. Mr. Duy would like to ask, is the expert team making such a decision?

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

Clause 3, Article 59 of the Government's Decree No. 63/2014 / ND-CP stipulates on bid evaluation of bidders being procuring entity comparing quotes according to quotation requests. The quotation is determined to meet all requirements in the quotation request and has quoted price after error correction, adjustment of deviations, minus the lowest discount (if any) and does not exceed the bid package price. suggest choosing.

During the evaluation, procuring entity may invite the bidder that offers the lowest price after error correction, adjustment of deviation, and deduction of discount (if any) to enter into a contract negotiation.

Under the guidance in Section 4, Chapter I of the Request for Shortened Competitive Offering Form issued together with the Circular No. 04/2017 / TT-BKHDT dated November 15, 2017 of the Ministry of Planning and Investment, the bidder shall be considered request to win the bid when fully meeting the following conditions:

- There is a quote to meet all requirements in the quotation request;

- Having the lowest offering price and not exceeding the approved bidding package price.

Regarding Mr. Duy's problem, the evaluation of quotation and approval of winning bidder must comply with the above provisions. The elimination of contractors on the grounds that contractors do not submit the draft contract is inconsistent with the provisions of bidding law.