For a bidding package that opens for bidding in March 2023, some businesses have financial reports for 2022, while some do not. The bidding documents require the average annual revenue (excluding VAT) as follows:

The minimum value of the average annual revenue (excluding VAT) for the three most recent financial years compared to the bidding closure time of the contractor is X.

Ms. Thúy Linh asks, so should the contractor understand that the average revenue is calculated for which three years (2019, 2020, 2021, or 2020, 2021, 2022)? Based on what regulation? If the contractor has won the bid and complies with the bidding documents of the investor when using the financial reports of the latest three years as 2020, 2021, 2022, can it be considered as winning the bid?

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

Clause 1, Article 3 of the Bidding Law stipulates that bidding activities under the scope of this Law must comply with the provisions of this Law and other relevant legal regulations.

Point a, Clause 1, Article 12; Clause 3, Article 29 of the Accounting Law stipulates that the accounting year is 12 months, calculated from January 1st to December 31st of the Gregorian calendar year. Accounting units with specific organizational and operational characteristics may choose an accounting year of 12 full months according to the Gregorian calendar, starting from the beginning of the first quarter to the end of the last day of the previous quarter of the following year, and must notify the financial agency, tax agency. The annual financial report of the accounting unit must be submitted to the competent state agency within 90 days from the end of the accounting year as prescribed by law.

According to the instructions in Note (4) of Table 01, Chapter III of the E-HSMT Template for Construction Bidding Package issued together with Circular No. 08/2022/TT-BKHĐT dated May 31, 2022 of the Ministry of Planning and Investment, the average annual revenue for the usual period of 3 to 5 years before the year of bidding closure is considered.

In the case where the contractor's establishment year is fewer than the required years of the E-HSMT, the average annual revenue (excluding VAT) is calculated based on the years that the contractor has been established. In this case, if the average annual revenue (excluding VAT) of the contractor meets the value requirements of the E-HSMT, the contractor will still be evaluated without being disqualified.

Therefore, in the case of bidding packages with bidding closure before March 31, 2023, and the fiscal year of the contractor is from January 1st to December 31st, the contractor must disclose and use financial information for the years 2019, 2020, 2021 to demonstrate their experience and capacity following the instructions mentioned above.