Tue, Feb 28, 2023, 11:02:00
Ms. Q.H.T (Thua Thien Hue) asked, is it possible for Contractor A to participate in two consulting packages of supervision and project management on one project at the same time? If yes, is it possible for 3 personnel to propose to participate in project management and at the same time perform supervision consultancy on the same project?
Q.H.T's unit (Thua Thien Hue) is in the process of bidding for the project management consulting package when the following situation occurs:
Contractor A participated in the bidding for construction supervision consultancy for the construction and installation bidding package of the project, in which the personnel is arranged including Mr. X as the chief supervisor, Mr. Y as the cost supervisor, and Mr. Z as the technical infrastructure supervisor.
Recently, Ms. T's unit continued to bid for the project management consulting bidding package for the above project (under the bidding process), in which contractor A participated and proposed the following personnel: Mr. Y (above) is the project manager, Mr. X (above) is the cost project manager, and Mr. Z (above) is the structural and technical infrastructure project manager.
The personnel of Mr. X, Mr. Y, Mr. Z on project management consulting practice certificates all meet the requirements of the bidding documents.
Ms. T asked, is it possible for Contractor A to participate in two consulting packages of supervision and project management on one project at the same time? If Contractor A participates in the two above-mentioned consultancy packages at the same time on the same project, is it possible for the 3 personnel to propose to participate in project management and perform supervision consultancy on the same project?
The Ministry of Construction responded to this issue as follows:
As Ms. T's question did not specify the source of the project's capital, the Ministry of Construction did not have enough basis to provide specific instructions.
In case the project is within the scope of the Bidding Law No. 43/2013/QH13, Ms. T need to study the regulations on ensuring competition in bidding in Article 6 of the Law on Bidding No. 43/2013/QH13, Article 6. 2 Decree No. 63/2014/ND-CP dated June 26, 2014 of the Government detailing the implementation of a number of articles of the Bidding Law on contractor selection and other regulations applicable to projects/contracts to comply with regulations.
