In case the bidding documents stipulate that the contractor must submit audited financial statements for 3 years 2016, 2017, 2018 and the contractor is subject to audit but only provides audited financial statements for 2016, 2017, the bid solicitor shall request the contractor to supplement and clarify.

Tuyen Quang Provincial Police is conducting an extensive bidding package under the single-stage two-envelope method. There are 2 participating bidders, including 1 contractor (who is required to be audited) without audited financial statements of 2018 (according to the bidding documents, required the audit report 2016-2018), but has a healthy financial commitment and (unaudited) 2018 financial statements.

Via the receipt and reply system to business recommendations, Tuyen Quang Provincial Police asked if the unit could accept the contractor's dossier, which had passed the evaluation of technical dossiers, and entered step 2 to open the dossier of the financial proposal or not?

Regarding this issue, the Ministry of Planning and Investment has the following comments:

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

According to the guidance in Section 2.1, Form of the invitation to bid on construction works for the single-stage two-envelope bidding, issued together with Circular No. 03/2015/TT-BKHDT dated May 6, 2015, Form of the invitation to bid on procurement of goods for the single-stage two-envelope bidding, issued together with the Circular No. 05/2015/TT-BKHDT dated June 16, 2015, of the Ministry of Planning and Investment, the contractor must submit financial statements within a number of years following the provisions of the bidding documents to prove healthy financial situation, accordingly, contractors must declare and submit documents following the Form specified in the bidding documents.

For the case of Tuyen Quang Provincial Police, the evaluation of bids shall comply with the evaluation standards stated in the bidding documents, based on the above guidelines, and under the responsibility of the expert group and the bid solicitor.

In case the bidding documents stipulate that the contractor must submit audited financial statements for 3 years 2016, 2017, 2018 and the contractor is subject to audit, however, only audited financial statements for 2016, 2017 are provided, no audited financial statement for 2018, the bid solicitor shall request the contractor to supplement and clarify following the provisions of Clause 1, Article 16 of Decree No. 63/2014/ND-CP; Bidders may supplement with documents to clarify their competence and experience during the bid evaluation process.

After clarifying, if the contractor fails to supplement the audited financial statements of 2018, it will be considered unqualified with the requirements of the bidding documents for this content.