(Chinhphu.vn) – Mr. Nguyen Khoa (in Da Nang City) is participating in appraising the results of contractor selection and finding the consultancy unit to prepare bidding documents and assess the bids that have not been paid on the National Bidding Network. 

This consultancy unit has registered on the System but it expired on July 31, 2017. Meanwhile, the procuring entity appointed bid for this unit to perform the bidding package: Prepared bidding documents and evaluated bids from May 5 2017, reported on bid result selection price on October 8, 2017. During this period, the consultancy unit set up bidding documents and evaluated the bids for not paying maintenance fees.

Mr. Khoa would like to ask, does this unit meet the bidder's eligibility requirements? Are the results of the evaluation of this unit accepted? To the ward of contract to this contractor, does the procuring entity performs with the provisions of the Bidding Law?

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

Under the provisions of Point d, Clause 1, Article 5 of the Bidding Law, one of the eligibility conditions of a bidder participating in a bid is registered on the national bidding system (System).

According to Clause 1, Article 37 of the Joint Circular No. 07/2015 / TTLT-BKHDT-BTC dated September 8, 2015 of the Ministry of Planning and Investment and the Ministry of Finance guiding, starting from July 1,  2016, before the bid of 2 working days, the contractor has not confirmed the registration of information on the system will not be participated in the bidding for the bidding packages, the project has the form of contractor selection specified in the Articles 20, 21, 22, 23, 24, 25 and 26 of the Bidding Law.

Accordingly, if the contractor has been named on the National Bidding Network, it is considered to meet the eligibility requirements stated at Point d, Clause 1, Article 5 of the Bidding Law.

If the consultancy unit has not paid the maintenance fee, it is necessary to pay the fee in accordance with the Circular No. 07/2015 / TTLT-BKHĐT-BTC of the Ministry of Planning and Investment and the Ministry of Finance.