The provisions for evaluation of experience in similar contract performance comply with the guidance in Circular 03/2015 / TT-BKHDT and fall under the responsibility of the investor and the bid solicitor.

According to Ms. Le Ngoc Yen (in Can Tho Province), refer to Section 4, table of evaluation criteria of financial capacity and experience in bidding documents for bidding package of infrastructure construction (type of technical or transport infrastructure works. level III) including traffic roads, culverts, trees, lighting. The value of the package is 30.7 billion VND, stating:

“Number of similar contracts as described below that have been wholly or largely completed by the contractor as a principal contractor (independent or joint venture member) or subcontractor within 5 years come back here (from 1/1/2013 to the time of bidding package bidding):

- There are 2 work construction contracts with the similar characteristics to the bidding package under consideration of the type of technical infrastructure or traffic works of grade III or higher, each contract has the minimum value VND 25 billion (2 x 25 = VND 50 billion). Or:

+ Number of contracts less than or equal to 2, each contract has a minimum value of VND 25 billion and total value of all contracts ≥ VND 50 billion.

+ Attached to the contract (and the contract must be accompanied by the volume) and the Record of Acceptance of the completion of the project and put into use.

+ There is certification of the investor of the work grade scale and contract performance value.

All the above documents must be certified copies”.

Mrs. Yen would like to ask, are the bidding documents required that the above contents are valid and in accordance with regulations?

In case the participating contractor has a similar contract, worth over VND 50 billion (rounded), including road and bridge items. In terms of value, there are 2 traffic bridges worth nearly VND 30 billion, the road section is worth over 15 billion VND. Mrs. Yen would like to ask, does she meet the same contract as required by the above bidding documents?

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

Under the guidance in Note (10) Clause 2.1, Section 2 Chapter III of the Form of Bidding Documents (Bidding Documents) for construction and installation issued together with Circular No. 03/2015 / TT-BKHDT dated May 6, 2015 of the Ministry of Planning. For investment, a similar contract is a contract that has been completely performed, in which the construction and installation work has properties similar to the bidding package under consideration, including:

- Similar in nature and complexity: Having the same type and grade of the work or is similar to or higher than the grade of the work required for this package in accordance with the construction law. For specific jobs, the contractor may only require the contractor to have a similar construction contract in nature and complexity to the main items of the bidding package;

- Similar in scale of work: The value of construction work is equal to or greater than 70% of the construction work value of the bidding package under consideration.

Regarding Ms. Yen's issue, the provision of evaluation criteria for similar contract performance experience is implemented in accordance with the above guidance and falls under the responsibility of the investor and the bid solicitor (Articles 74 and 75 of the Law Bidding).

The evaluation of bids must be based on the bid evaluation criteria and other requirements in the bidding documents, submitted bids and documents explaining and clarifying the documents. Bidding of contractors to ensure selection of qualified and experienced contractors, with feasible solutions to implement the bidding package (Clause 1, Article 15 of Decree No. 63/2014 / ND-CP of the Government).