(Chinhphu.vn)- If the contractor has been named on the National Bidding Network, it shall be deemed to meet the requirements of eligibility as stated in Point d, Clause 1, Article 5 of the Bidding Law.

Ms. Le Thi Thanh Thuy (in Da Nang City) would like to request competent thorities to guide the situation as follows:

- Regarding the validity of contractors participating in a bid:

Bidding documents require bidders who have registered their names on the National Bidding Network, contractors must have competency corresponding to class II as stipulated in Article 65 of the Decree No. 59/2015 / ND-CP on June 18, 2015 (Attached with supporting documents) and demonstrated the experience competency of construction works of similar size and nature as the package under consideration.

Contractor X has a certificate of civil construction capacity class I. The contractor's business registration certificate X was registered in 2009 and registered construction activities in industry code 4290 is to build civil engineering works. Others (Industry construction code, except for housing) are detailed in the business license, including "Construction: Civil, industrial, transportation, bridges and roads, irrigation (Dams, reservoirs, construction and installation of public embankments, canals and embankments; building electricity transmission lines and transformer stations with a voltage of 35KV or less, installing water supply and drainage systems; Construction of cultural works ”;

The bid of contractor X proves that his experience has done a level II civil project that built in November 2012 and completed in February 1, 2015 (Contract worth of the projectwasVND 127 billion, the project did do the pre-acceptance test and has put into use, the value-added tax bill for the whole value of the project and the work already settled in 2015).

From the factors on the investor's bid evaluation team, there are two contradictory points:

Viewpoint I: Despite the actual construction, the contractor's experience competency is not accepted because the construction of the work is not in the right industry registered for operation (violating the law), leading to a conclusion bid force is invalid.

Viewpoint II: Bidding documents only require contractors to register on the National Bidding Network and the actual experience of construction of similar works in terms of scale and complexity is to meet the requirements. demand for bidding documents, in addition to Article 7 of the Enterprise Law 68/2014 / QH13 stipulating the rights of enterprises “Freedom to do business in industries and trades that are not prohibited by law; form of business organization; actively select industries, trades, locations and forms of business; actively adjust the scale and business lines ”and Article 29 of the Enterprise Law has also removed the content of the industry code on the business registration certificate in order to expand the business environment for contractors.

The contractor has been granted a first-class civil competency certificate. Thus, the experience of this contractor X is completely valid. Ms. Thuy would like to request competent authorities to guide the validity of this contractor.

- Regarding the eligibility of the consultant, the contractor shall prepare the bidding documents and bid:

The consultancy contractor is appointed by the investor with the value for making bidding documents and bidding for construction and equipment packages of VND 130 million (This contractor provides experience, business license and registered name on the Bidding Network on July 31, 2014 to the investor.However, at the time of appointment, the contractor did not pay the maintenance fee on the system.

It is known that this is an unconditional business and the main competency is the capacity of the consultants, in Article31 of the Joint Circular No. 07/2015 / TTLT-BKHDT-BTC dated September 8, 2015, mentioned:The contractor, the investor does not pay the cost of maintaining the name and data on the National Bidding Network after the above deadline being reminded but still fails to submit the registration on the National Bidding Network System. If the contractor is considered invalid, then, the contractor and the investor will not be able to print the confirmation of registration to participate in the National Bidding Network as stipulated in Clause 3, Article 6 of this Circular ”but not specified intend to cancel the status registered on the National Bidding Network. Up to now, the Consultant has paid operation maintenance fees and has been extended. (The process of paying contractor fees only need to transfer money to the network system account is automatically renewed, the contractor does not have to re-register his capacity).

Ms. Thuy would like to ask is it understood that " is name registered on the National Bidding Network considered invalid" not binding the validity of contractor competency? Does this contractor have a valid competency to perform its consulting work?

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, Joint Circular No. 07/2015 / TTLT-BKHDT-BTC dated September 8, 2015 of the Ministry of Planning and Investment and the Ministry of Finance stipulating as from July 1, 2016 and within 02 working days prior to the bid closing deadline, if bidders and investors have yet to obtain the confirmation of information registration on the electronic Government procurement system, they shall not be allowed to participate in bidding for the bids or projects under the contractor selection procedure as prescribed in Article 20, 21, 22, 23

Clause 1, Article 15 of the  Decree No. 63/2014 / ND-CP of the Government has stipulated,The evaluation of the bid packages must follow the standards of the bid evaluation, different requirements specified in the bidding documents, the bid envelopes, demonstration or explanation of the bid envelopes to select the right contractors who prove their proper competence, experience and feasible solutions to executing contracts.

According to the instructions in note 10, Chapter III, the form of bidding documents for construction of a stage -two-bidding envelope issued together with Circular No. 03/2015 / TT-BKHĐT of May 6, 2015 of the Ministry of Planning and Investment. , a similar contract is a fully executed contract, in which construction and installation works have the same characteristics as the one under consideration, including:

- Similar to the nature and complexity: Having the same type and level of construction that be similar to or higher than the level of construction required for this bidding package in accordance with the law on construction. For specific jobs, it may only require contractors to have construction contracts similar in nature and complexity to the main items of the bidding package;

- Similar to the scope of work: Value of construction and installation work is equal to or greater than 70% of the construction and installation value of the currently undergoing bidding package (two projects with adjacent lower levels to the level of the under construction works , the size of each adjacent lower level installation construction is equal to or greater than 70% of the value of the construction of the bidding package under consideration, which is evaluated as a similar construction and installation contract.

In the case of Mrs. Thuy, the evaluation of competency and experience (including contents of similar contracts) of the contractor shall comply with the evaluation criteria prescribed in the bidding documents and on the basis of provisions of the Circular No. 03/2015 / TT-BKHĐT mentioned above and under the responsibility of the expert team and the procuring entity.

Regarding the status of the contractor, in case 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.