The declaration forms Form E-HSMT construction and installation issued together with Circular No. 04/2017 / TT-BKHDT is designed to allow the contractor to declare key personnel expected to mobilize currently bidding package, do not declare  workers in these forms.

As reflected by THT Company Limited (in Khanh Hoa Province), in the E-HSMT form on Webform, in form 11A Proposal of key personnel, the contractor has imported key staff including the project leader and staff, technical set according to the requirements of bidding documents. Particularly, the list of workers used for the contractor works is not entered according to the form, but scanned the list and worker certificates attached when submitting online bids.

Through the receiving and responding system to businesses’ recommendations , the THT Co., Ltd. Would like to ask, has the contractor been judged not to meet the capacity of experience in the bid evaluation process and was the contractor disqualified due to this error?

Regarding this issue, the Ministry of Planning and Investment answers as follows:

According to the guidance in Form No. 04 Chapter IV, Form E-HSMT for construction and installation issued together with Circular No. 04/2017 / TT-BKHĐT, based on the size and nature of the bidding package and the construction law, the soliciting party regulate requirements on key personnel such as project commander, construction technical manager, construction drawing design manager, construction team leader, technical supervision, quality ... without love demand for quantity, capacity and experience of workers, unskilled workers.

The mobilization of workers and unskilled workers to execute the bidding package falls under the responsibility of the contractor on the basis of construction technical measures proposed in the bid dossier.

In the case of THT Co., Ltd., declaration forms 11A, 11B, 11C Chapter IV Form E-HSMT for construction and installation issued together with Circular No. 04/2017 / TT- BKHDT are built for the contractor to list. Declaring about key personnel expected to mobilize the contract execution, do not list workers and ordinary workers in these forms.

Therefore, if the bidder has declared key personnel in the E-Bidding Documents as required by the E-Bidding Documents, the soliciting entity shall conduct the evaluation in accordance with the information that the bidder has declared in the E-Bidding Documents.

In addition, the case that the E-HSMT stipulates that the number of workers and unskilled workers that the contractor must mobilize to implement the bidding package is inappropriate, which may lead to restriction on the bidder's participation bid, violate the provisions of Clause 2, Article 12 of Decree No. 63/2014 / ND-CP.