In case the bid of the contractor lacks documents proving the eligibility, competency and experience, the bid solicitor will request the contractor to clarify and supplement documents to prove its status,eligibility, capacity and experience.

Ms. Nguyen Minh Thuy (in Ben Tre Province) would like to request the authorities to guide how to handle the following situation:

Bidding consultant prepares a competitive offering for the X construction and installation package (lowering the rural traffic foundation), which is priced at VND 1.9 billion. Criteria for evaluating capacity and experience, the bidding consultant requires to submit a commitment form using the form No. 08. Ms. Thuy would like to ask, is the consulting unit requiring such a package suitable for the nature of the package?

In addition, in the requirement dossier of the bidding package mentioned above in Section 3, Chapter II (technical evaluation criteria) states that "the contractor must submit a written commitment to the implementation of the work in accordance with the design drawing. construction stated in this requirement dossier, at the same time mobilize, personnel, construction equipment in accordance with the law on construction and relevant laws ".

In the process of evaluating contractor A's proposal (with the lowest price, after the discount), without the above commitment, the consultant does not request contractor A to clarify but the evaluation fails.

Ms. Thuy would like to ask, is such an evaluation consultant appropriate?

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

Clause 1, Article 15 of the Government's Decree No. 63/2014 / ND-CP stipulates that the evaluation of bids (Bids) must be based on bid evaluation criteria and other requirements in bidding documents. Basing itself on the submitted Bids and documents explaining and clarifying bidders' bids to ensure that qualified and experienced contractors are selected, there are feasible solutions to execute the bidding package.

Clause 1, Article 16 of Decree No. 63/2014 / ND-CP of the Government stipulates that after the bid is opened, the bidder is responsible for clarifying the bid at the request of the bid solicitor.

In case the bid-envelope of a bidder lacks documents proving its eligibility, competence and experience, the soliciting entity shall request the bidder to clarify and supplement documents to prove its eligibility, competence and experience.

With respect to technical and financial proposals stated in bidder's bid, the clarification must ensure the principle of not altering the basic contents of the submitted Bid, nor changing the bid price.

In the case of Ms. Thuy, the evaluation of the bid must comply with the above provisions and fall under the responsibility of the expert group and the bid solicitor.