When participating in the bidding, where the bidding dossier stipulates the permission to use special subcontractors, contractors may use special subcontractors and must fill in form No. 18 (b). Chapter IV promulgated together with Circular 03/2015 / TT-BKHDT.

Mr. Nhu Van Kien's unit (in Ha Nam Province) participated in bidding for 1 construction package, the form of bidding was widely implemented in the country with 1 stage - 2 envelope bidding .

Bidding documents stipulate that the contractor is allowed to use special subcontractors for a specialized job and criteria for assessing the capabilities and experience of the special

subcontractors included in the evaluation of capabilities and experience of the contractor.

Due to negligence in the process of bidsstaffing, in the technical proposal submitted by Mr. Kien on the date of bid closure, there is no special subcontractor declaration according to the form of the bidding dossier and there is no Documents proving the competence and experience of this special subcontractor.

However, right after the deadline for bid closure, but it is still in the process of evaluating the technical proposal (within the time limit for the contractor itself to submit documents clarifying the experience capacity under the provisions of the bidding dossier),  the contractor discovered this negligence and additionally submitted the manifest of the special subcontractor together with documents proving the competencies and experience of the special subcontractor as required by the bidding documents.

In this case, the contractor of his unit understands that the addition of such documents is valid, in accordance with the provisions of the bidding documents as well as the current law on bidding and the procuring entity shall be responsible for the responsibility to receive these documents as part of the bid and to evaluate the capacity of this particular subcontractor according to the criteria of the tender invitation documents issued.

Mr. Kien would like to ask, does the unit understand correct?

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

Clause 3, Article 16 of Decree No. 63/2014 / ND-CP of the Government stipulating that the clarification of bid packages shall only be made between the bid solicitor and the bidder whose bid must be clarified and protected. ensure the principle of not changing the nature of bidders.

The contents of clarification of bids must be made in writing and preserved by bid solicitors as part of bids.

According to Section 29.4, Chapter I, Form of bidding documents for construction and installation issued together with Circular No. 03/2015 / TT-BKHDT, the investor may allow the main contractor to use special subcontractors as prescribed. at BDL.

In this case, the main contractor must declare a list of special subcontractors according to Form No. 18 (b) Chapter IV - Bidding forms and declaration of capabilities and experiences of the special subcontractors. The bid solicitor shall evaluate the capability and experience of the special subcontractor according to the evaluation criteria specified in Clause 2.3, Section 2 of the criteria for evaluation of capability and experience of Chapter III on criteria for evaluating bids.

In case special subcontractors do not meet the requirements of the bidding dossier and capable and experienced main contractors fail to meet the performance requirements of jobs reserved for special subcontractors, The contractor's bid is not satisfied with the requirements of the bidding documents.

Accordingly, when participating in a bid, where the bidding dossier specifies the permission to use special subcontractors, contractors may use special subcontractors and must fill in form No. 18 (b) Chapter IV. The evaluation and clarification of bid packages must comply with the above-mentioned regulations and fall under the responsibility of expert groups and bid solicitors.