Mr. Nguyen Duc Hai’s Company (in Ha Nam Province)  participates in bidding for a supervision package, but the procuring entity has evaluated and rejected the company's bid for the reason of not guaranteeing competition in bidding.

The company's bids basically met all of the criteria in the bidding documents. However, in the personnel proposal for the bidding package, the staff that the company proposed to be the leader of the monitoring team, but to be the person who previously worked at a consulting unit and directly signed the design and bidding documents, but this person completely quit at the aforementioned design consultancy and set up above bidding documents before this bidding documents are widely released and currently he is working at Mr. Hai’s company.

Mr. Hai would like to ask, is the bidding documents of the rejected company correct.Does it violate the current laws and decrees on bidding?

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

Point d, Clause 6, Article 89 of the Bidding Law stipulates that one of the acts does not guarantee fairness and transparency is an individual of the procuring entity, investment owner but directly participate in the process of selection of tenderer, investor or participate in expert groups, evaluation groups for result of selection of tenderer, investor or be the head of competent state agency, investment owner, the procuring entity for bidding packages, projects in which his or her natural parent, parent-in-law, spouse, natural child, adopted child, son or daughter-in-law or sibling participates give their name in bidding or are representatives in law of tenderers, investors participating in bid;

Point a, Clause 4, Article 2 of the Government's Decree No. 63/2014 / ND-CP prescribed that the contractor is assessed independently legally and financially from the consulting contractor when the bidder participating in the bid with the consulting contractor for such bidding package has no shares or contributed capital of each other; the contractor does not have share or contributed capital more than 20% of an organization or individual with each party.

Clause 1, Article 15 of the Government's Decree No. 63/2014 / ND-CP prescribed that the evaluation of the bid packages must follow the standards of the bid evaluation, different requirements specified in the bidding documents, the bid envelopes, demonstration or explanation of the bid envelopes to select the right contractors who prove their proper competence, experience and feasible solutions to executing contracts.

Regarding Mr. Hai's issue, the bid evaluation must comply with the above provisions and fall under the responsibility of the expert group and the procuring entity.