The fact that unit A (procuring entity) uses digital certificates of unit B to invite bid that leads to the name of the soliciting entity in E-TBMT is different from the name of the soliciting entity in the E-Bidding Documents. bid solicitor that is not the contractor's fault.

Unit Mr. Dang The Truong (in Hanoi) is participating in consulting bidding for bidding packages in the field of consulting and construction. In the process of implementing the unit, there are some problems as follows:

Scenario 1:

The investor of project X is the banking transaction office (unit A) directly under the bank branch (unit B, who is also the investment decider). In the bidding documents for bidding package Y of project X issued, it is specified that the bid solicitor is unit A.

However, when disclosing information about the project X contractor selection plan and the invitation to bid for package Y, the investor (unit A) has used unit B's digital certificate to post information. Therefore, the name of the bid solicitor on the bidding network is Unit B (not in accordance with the name of the soliciting entity in the issued bidding dossier, which is Unit A).

- Bidder C, when participating in the package Y, has made a bid security and sent to the soliciting entity / beneficiary is unit B. So, is contractor C's bid guarantee valid?

- Bidder D, when participating in a bidding package, has his bid sent to the bid solicitor as unit B. So, is the bid form valid?

Scenario 2:

Due to errors in the process of posting and distributing bidding documents, the bid security value of package X posted on the bidding network is defined as VND Y1, the value of the bid security in the bidding documents. issue is Y2 dong. When evaluating bids, contractor A has a bid security with the value of VND Y1, contractor B has a bid security with the value of VND Y2.

- In case Y1 <Y2, is contractor B's guarantee valid?

- In case Y1> Y2, is contractor A's guarantee valid?

Scenario 3:

In the bidding dossier for package X, it is required that the number of contracts is 3, each contract has the minimum value of VND 5 billion or the number of contracts is less than or equal to 3, each contract has the minimum value of VND 5 billion and total value of all contracts ≥ VND 15 billion. The number of key personnel is 3 people (1 commander and 2 technicians). The number of workers involved is 10 people. The number of machines and equipment is 5. Contractor A has two similar contracts, one contract worth 6 billion dong, and one contract worth 7 billion dong. Contractor B has a key personnel proposal of 2 people. Contractor C has a workforce proposal of 8 people. The contractor proposed to participate in the number of machines and equipment is 3.

So, does the bid solicitor have to make a written request for contractors to clarify and supplement

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

Clause 1, Article 15 of Decree No. 63/2014 / ND-CP of the Government stipulates that the evaluation of bids must be based on the bid evaluation criteria and other requirements in the bidding documents

( Bidding Documents) and based on the submitted bid, the documents explaining and clarifying the bid of the bidder to ensure the selection of a qualified and experienced contractor, to have a feasible solution to execution of bidding package.

Regarding the question of Mr. Truong, the bid evaluation shall comply with the above provisions and fall under the responsibility of the investor and the bid solicitor (Articles 74 and 75 of the Bidding Law).

Regarding the use of digital certificates of another entity to invite bids, the fact that unit A (the soliciting entity) uses the digital certificates of unit B to invite the bid that leads to the name of the soliciting entity in E-TBMT is different from The name of the soliciting entity in the E-Bidding Documents, that is the fault of the soliciting entity, not the fault of the bidder.

Accordingly, in this case, the investor can consider this a situation arising in the bidding and is responsible for handling the situation on the basis of ensuring competition, fairness, transparency and economic efficiency according to the direction of requesting the contractor to correct the name of the beneficiary in the bid guarantee letter as required by the E-HSMT.